365 results on '"Professional Competence legislation & jurisprudence"'
Search Results
2. Community and family nurse: Present keys, future challenges.
- Author
-
Pisano González MM, González Pisano AC, and Abad Bassols A
- Subjects
- Community Health Nursing education, Community Health Nursing legislation & jurisprudence, Family Nursing education, Family Nursing legislation & jurisprudence, Humans, National Health Programs standards, Primary Health Care legislation & jurisprudence, Staff Development, Community Health Nursing trends, Family Nursing trends, Forecasting, Primary Health Care trends, Professional Competence legislation & jurisprudence, Professional Competence standards
- Abstract
It is the mission of the Community and Family Nurse through an integral and holistic approach to accompany people from cradle to death in developing their health potential, and promote different family, work and social environments to facilitate this development. Throughout history, various international, European and national organizations have regulated the figure of the Community and Family Nurse, and now their functions, powers and professional performance are fully regulated. The Community and Family Nurse can respond to the needs of a changing population and take on new responsibilities in management and research. Their extensive basic and advanced skills gathered under a rigorous training programme, benefit the health system, the nursing profession, citizenry and its communities. Many challenges remain for the Health Departments of each Autonomous Region to make it possible for this specialty to develop its full potential for improving care., (Copyright © 2019 Elsevier España, S.L.U. All rights reserved.)
- Published
- 2019
- Full Text
- View/download PDF
3. Constitutional Regulation of Speech (and False Beliefs) in Health Care.
- Author
-
Schweikart SJ
- Subjects
- Government, Humans, Professional Competence legislation & jurisprudence, Attitude of Health Personnel, Deception, Delivery of Health Care legislation & jurisprudence, Government Regulation, Health Knowledge, Attitudes, Practice, Health Personnel legislation & jurisprudence, Speech
- Abstract
False beliefs in medicine can be regulated by constitutional doctrines of false speech and professional speech, whereby government can restrict professionals' false beliefs or impose its own false beliefs on professionals. In our allegedly "post truth" society, such regulations and their foundations can have an important influence on health care practice., (© 2018 American Medical Association. All Rights Reserved.)
- Published
- 2018
- Full Text
- View/download PDF
4. Do the public think medical regulation keep them safe?
- Author
-
Yam CH, Wong EL, Griffiths SM, and Yeoh EK
- Subjects
- Adolescent, Adult, Aged, Cross-Sectional Studies, Education, Medical, Continuing legislation & jurisprudence, Female, Hong Kong, Humans, Licensure, Medical, Male, Middle Aged, Physicians standards, Professional Competence standards, Quality of Health Care standards, Surveys and Questionnaires, Physicians legislation & jurisprudence, Professional Competence legislation & jurisprudence, Public Opinion
- Abstract
Objective: To assess public knowledge and expectations of the ways to assess doctors' competence to ensure patient safety., Design Setting and Participants: Telephone survey of a random sample of 1000 non-institutionalized Hong Kong residents., Measures and Results: Only 5% of public were correct that doctors are not required to periodically be assessed, and 9% were correct that the doctors are not required to update knowledge and skills for renewing their license. These results echo international studies showing a low public knowledge of medical regulation. The public overwhelmingly felt a periodic assessment (92%) and requirements for continuous medical education (91%) were important processes for assuring doctors' competence. A high proportion of the public felt that lay representation in the Medical Council was insufficient., Conclusion: There is a significant gap between public expectations and understanding of the existing medical regulation and the actual policies and practices. Despite a lack of public knowledge, the public thought it important to have an ongoing structured monitoring and assessment mechanism to assure doctors' competence. The public also expects a greater involvement in the regulatory processes as members of the Medical Council. There is a need to review and enhance the current regulatory system to meet public expectation and ensure accountability for the privilege and trust granted by the State in professional self-regulation. In the context of our complex health system, a thorough understanding on the dynamic interactions between different institutions and their complementary roles in a meta-regulatory framework is required in assuring patient safety.
- Published
- 2018
- Full Text
- View/download PDF
5. Financing of forensic psychiatry in view of treatment quality and threat to public safety.
- Author
-
Heitzman J and Markiewicz I
- Subjects
- Hospitals, Psychiatric legislation & jurisprudence, Humans, Patient Discharge legislation & jurisprudence, Professional Competence legislation & jurisprudence, Public Health legislation & jurisprudence, Commitment of Mentally Ill legislation & jurisprudence, Community Mental Health Services legislation & jurisprudence, Health Care Reform legislation & jurisprudence, Health Services Needs and Demand legislation & jurisprudence, Safety legislation & jurisprudence
- Abstract
Stay in a psychiatric hospital of persons who committed the gravest criminal acts while in a state of insanity aims to ensure their effective treatment (therapeutic function), but above all to prevent the repetition of prohibited acts of significant harm to the community (preventive function). Forensic patients are provided with suitable medical, psychiatric, rehabilitation and resocialization care. The court imposes an indefinite detention. In view of the dual purpose of the stay in a psychiatric hospital, both therapeutic and preventive, the treatment costs generated by forensic wards are higher than those of general psychiatric wards. This prompts person from outside psychiatry, who do not understand the nature of preventive measures, to call for continuing reductions in the expenditure on forensic psychiatric care. It is, therefore, worth analyzing the possible meaning and results of the attempts to economizeforensic psychiatry, to find savings and to manipulate financing system under the pretence of economic incentive to improve treatment quality. In this paper, the authors address and discuss the above and other issues.
- Published
- 2017
- Full Text
- View/download PDF
6. Police-community safety and trust.
- Author
-
Williams R
- Subjects
- Humans, Mental Disorders, Professional Competence legislation & jurisprudence, State Government, Substance-Related Disorders, Inservice Training legislation & jurisprudence, Police legislation & jurisprudence, Safety legislation & jurisprudence, Trust
- Abstract
(1)In 2017 alone, 46 states have enacted over 270 laws affecting policing. (2) At least six states have enacted laws to train the public on their rights and expectations during police interactions. (3) Police are increasingly partnering with health care professionals to more safely respond to mental health and substance use disorders.
- Published
- 2017
7. Could legal requirements in nursing practice trigger actions that would change the rates of urinary tract infections? A case study in Brazil.
- Author
-
Mendes-Rodrigues C, Pereira EBS, Sousa Neto RL, Resende J, and Fontes AMS
- Subjects
- Brazil, Humans, Education, Nursing legislation & jurisprudence, Education, Nursing methods, Infection Control methods, Professional Competence legislation & jurisprudence, Urinary Tract Infections epidemiology, Urinary Tract Infections prevention & control
- Abstract
We evaluated the influence of a Brazilian resolution, published in 2013, that restricts the performing of urinary catheterization to nurses, as opposed to others from different nursing professional categories, on indicators of catheter-associated urinary tract infection in an intensive care unit. The resolution triggered actions such as the implementation of protocols and nursing staff training that led to behavior changes related to the reduction of catheter-associated urinary tract infection rates., (Copyright © 2017 Association for Professionals in Infection Control and Epidemiology, Inc. Published by Elsevier Inc. All rights reserved.)
- Published
- 2017
- Full Text
- View/download PDF
8. Research competency and specialist registration: Quo vadis ?
- Author
-
Szabo CP and Ramlall S
- Subjects
- Certification standards, Humans, Societies, Medical, South Africa, Certification legislation & jurisprudence, Professional Competence legislation & jurisprudence, Psychiatry standards, Research legislation & jurisprudence, Specialization
- Abstract
The requirement of 'research completion' as necessary for specialist registration with the Health Professions Council of South Africa (HPCSA) has recently been subject to legal action, with a court order potentially shifting requirements beyond those envisaged by the HPCSA. The research requirement is congruent with National Department of Health strategy in this regard, i.e. the strengthening of research as a stated priority. While the expectation of research competency is not in itself contentious, the capacity of institutions and the ability of registrars to facilitate and complete, respectively, have brought the issue into focus. Specifically, the apparent discrepancy between a court order and a regulation needs to be resolved to ensure that specialist registration is not unduly hampered, while ensuring that a potentially important contributor to a national priority is not prejudiced.
- Published
- 2016
- Full Text
- View/download PDF
9. The importance of the patients deemed not guilty by reason of insanity for the psychiatric reform.
- Author
-
Douzenis A
- Subjects
- Community Mental Health Services legislation & jurisprudence, Dangerous Behavior, France, Health Services Needs and Demand legislation & jurisprudence, Hospital Bed Capacity, Hospitals, Psychiatric legislation & jurisprudence, Humans, Patient Discharge legislation & jurisprudence, Professional Competence legislation & jurisprudence, Commitment of Mentally Ill legislation & jurisprudence, Health Care Reform legislation & jurisprudence, Insanity Defense
- Abstract
According to the Greek Penal Law if someone "because of a morbid disturbance of his mental functioning" (article 34) is acquitted of a crime or misdemeanour that the law punishes with more than 6 months imprisonment, then the court orders that this individual should be kept in a public psychiatric institution if the court reaches the conclusion that this person poses a threat to public safety.1 Individuals who have broken the law and deemed "not guilty by reason of insanity" are treated in psychiatric units of Psychiatric Hospitals according to the article 69 of the Penal Code. In Athens, in the Psychiatric Hospital of Athens and the Dromokaiteion Psychiatric Hospital, and in Thessaloniki in the Unit for "Not guilty by reason of insanity (NGRI)". The person who is deemed not guilty by reason of insanity following a crime is facing double stigmatisation and marginalisation from both the legal and the health system. He/she is usually treated initially with fear and later since there is no therapeutic aim but only the court instruction for "guardianship", with indifference. The patient who is committed by the courts in a psychiatric unit for being "NGRI" is facing a unique legal and psychiatric status.2 In this respect he/she is disadvantaged when compared to either convicted criminals or psychiatric inpatients. If the patient was not found "NGRI" (ie innocent as far as sentencing is concerned) he would have been punished with loss of liberty for a certain (specific) amount of time, and like all individuals convicted in court he/she would have the right to appeal and reduce his/her sentence in a higher court and maybe released from prison earlier for good behaviour etc. In this respect the individual found to be "NGRI" is disadvantaged when compared to a convicted felon since he/she is kept for an undefined period of time. Additionally, he/she will be allowed to leave the psychiatric unit following a subjective assessment of a judge with no psychiatric knowledge who will decide that this certain individual has "ceased to be dangerous". These problems are accentuated by the difficulties that the Greek justice system is facing. On the other side, from the psychiatric point of view, the "NGRI" patient who is an inpatient is not receiving the holistic, (bio psycho social) treatment and assessment of needs he/she requires. The psychiatric team looking after him, once the acute symptomatology is controlled is just getting used to a patient who will not be discharged in the immediate future. These patients form the "new chronic asylum psychiatric inpatients" for whom the treating psychiatrists are not allowed to discharge back into the community whilst it is unclear whether they can be transferred to supported rehabilitation units. It is a medical but also legal paradox to assign to contemporary psychiatric units aiming mainly to treat patients in the community to "keep and guard" inpatients whilst these psychiatric units should focus on care and rehabilitation of the patients (including the "NGRIs").3 Keeping patients like these in psychiatric units creates problems in the functioning of the units. These patients are "kept" in acute beds for long periods of time (5 to 6 years minimum) with patients treated voluntarily or against their will and cannot be discharged without a court's decision. The problems are obvious if one realises that the average time of hospitalisation is not exceeding 2 months for the vast majority of psychiatric patients. With the prolonged stay patients of the "article 69" (NGRIs) they not only burden the already limited resources (there is an established lack of psychiatric beds nationwide) but also this prolonged hospitalisation increases their stigmatisation and marginalisation. Thus the prolonged hospitalisation for "safety" reasons according to the court decision leads to the absence of a therapeutic aim other than maintaining the patient on the ward. Greece has agreed that there is an urgent need in developing community psychiatry services and closure/transformation of the big psychiatric hospitals (asylums). It is impossible to close hospitals where "NGRIs" are kept. The decision to move them into the community is not a medical-psychiatric but a legal one. In this respect it is imperative to establish a Forensic Psychiatric Unit for these patients. In our country as the "Psychargos" external evaluation highlighted, there are great gaps in the provision of Forensic psychiatric services.3 It must be emphasised that these gaps affect negatively psychiatric reform and social reintegration not only for the forensic psychiatric patients but for the whole of mentally ill individuals. Given that forensic Psychiatric services are developed in Athens and Thessaloniki and that training in Forensic Psychiatry has moved forward, it is imperative that the state should build upon the existing knowledge and experience and create specialist forensic units aiming to treat and rehabilitate this special and important group of patients.4 Only when the patients found "not guilty by reasons of insanity" have their own (safe for the society and them) therapeutic and rehabilitative services the aim of de-institutionalisation will be visible and realistic to implement.
- Published
- 2016
- Full Text
- View/download PDF
10. [Medical negligence].
- Author
-
Zipper SG
- Subjects
- Germany, Humans, Malpractice legislation & jurisprudence, Malpractice trends, Medical Errors statistics & numerical data, Professional Competence legislation & jurisprudence, Risk Assessment, Malpractice statistics & numerical data, Medical Errors prevention & control, Medical Errors psychology, Professional Competence statistics & numerical data
- Abstract
Medical negligence is a matter of growing public interest. This review outlines various aspects of medical negligence: epidemiology, taxonomy, and the risks, causes, psychology, management and prevention of errors.
- Published
- 2016
11. Case law update. Baker v. Banner Health, Civil Action No. 12-cv-3029 (D. Colo. May 28, 2015).
- Author
-
West JC
- Subjects
- Colorado, Humans, Risk Management, Advanced Practice Nursing legislation & jurisprudence, Liability, Legal, Professional Competence legislation & jurisprudence, Radiotherapy
- Published
- 2016
12. Weeding out fake and rogue practitioners--a duty owed to consumers.
- Author
-
Starr L
- Subjects
- Australia, Female, Humans, Male, Middle Aged, Nursing Staff legislation & jurisprudence, Obstetrics legislation & jurisprudence, Organizational Case Studies, Workplace legislation & jurisprudence, Criminal Behavior, Deception, Health Personnel legislation & jurisprudence, Licensure, Medical legislation & jurisprudence, Professional Competence legislation & jurisprudence
- Published
- 2015
13. Refusal to grant provisional General Medical Council registration to U.K. medical graduates.
- Author
-
David TJ and Ellson S
- Subjects
- Clinical Competence legislation & jurisprudence, Clinical Competence standards, Criminal Behavior, Fraud legislation & jurisprudence, Humans, Licensure, Medical standards, Physician Impairment legislation & jurisprudence, Professional Competence legislation & jurisprudence, Professional Competence standards, Students, Medical, United Kingdom, Licensure, Medical legislation & jurisprudence
- Abstract
In the last five years, 2010-2014, there have been 17 instances when an application for provisional registration by a U.K. medical graduate was refused by the General Medical Council because the Registrar considered that the applicant's fitness to practise was impaired. While this number is small, the fact that this can happen is largely unappreciated by medical students and their teachers, the prevailing false assumption being that passing finals and graduation is the final hurdle before taking up a Foundation Programme post. It is a poorly recognised fact that just because a university fitness to practise committee has concluded that a student is fit to practise there is no guarantee that the General Medical Council will come to the same decision. This paper explains the reasons for these refusals and makes suggestions for students and medical schools., (© The Author(s) 2015.)
- Published
- 2015
- Full Text
- View/download PDF
14. Tapping Into Valuable Expertise From Private Practitioners and Academicians: Casting a Wider Net.
- Author
-
Eydelman MB, Saha A, and Tarver ME
- Subjects
- Humans, Translational Research, Biomedical, United States, Workforce, Academic Medical Centers, Advisory Committees organization & administration, Ophthalmology, Private Practice, Professional Competence legislation & jurisprudence, United States Food and Drug Administration legislation & jurisprudence
- Published
- 2015
- Full Text
- View/download PDF
15. Dental defence body calls on government to make urgent legal reform.
- Subjects
- Humans, United Kingdom, Health Policy legislation & jurisprudence, Patient Safety, Professional Competence legislation & jurisprudence, Professional Misconduct legislation & jurisprudence
- Published
- 2015
- Full Text
- View/download PDF
16. Governance and professionalism in medicine: a UK perspective.
- Author
-
Marcovitch H
- Subjects
- Education, Medical standards, Professional Competence legislation & jurisprudence, Professional Practice legislation & jurisprudence, United Kingdom, Government Regulation, Licensure, Medical, Medicine standards, Professional Competence standards, Professional Practice standards, State Medicine
- Published
- 2015
- Full Text
- View/download PDF
17. The ART of the matter.
- Author
-
Tailor R
- Subjects
- Adult, Aged, England, Female, Humans, Mental Disorders psychology, Treatment Outcome, Art Therapy legislation & jurisprudence, Mental Disorders therapy, Professional Competence legislation & jurisprudence, Psychodrama legislation & jurisprudence, State Medicine legislation & jurisprudence
- Published
- 2015
18. [Soft tissue-cutting law, i.e. the career concept of an autopsy assistant].
- Author
-
Kormos T, Csatai T, and Jäckel M
- Subjects
- Concept Formation, Curriculum, Education, Continuing, Education, Graduate legislation & jurisprudence, Education, Graduate organization & administration, Education, Graduate standards, Education, Graduate trends, Humans, Hungary, Professional Competence legislation & jurisprudence, Professional Competence standards, Allied Health Personnel education, Allied Health Personnel legislation & jurisprudence, Allied Health Personnel psychology, Allied Health Personnel standards, Autopsy standards, Autopsy trends, Career Choice, Education, Professional legislation & jurisprudence, Education, Professional organization & administration, Education, Professional standards, Education, Professional trends
- Abstract
Practical experience shows that the autopsy assistant society is fairly divided. There are some people who would have needed a thorough basic training, and there are those who - due to their diligence and the close cooperation with physician colleagues - would deserve an opportunity for further progress due to their extensive knowlegde. As regards the autopsy assistant profession the training, and the training system as well has changed significantly, and it requires further changes. Examining the issue in a wide spectrum, the aim of the authors is, as much as possible, to promote the formation of an "Autopsy assistant career," in which they want to create a predictable way for the members of the profession from the phase of becoming a student (competency, training, exams, vocational training, single note) to obtaining the master's degree. The authors would like to provide a summary about their experience and plans regarding this issue.
- Published
- 2015
- Full Text
- View/download PDF
19. The creation and implementation of the newly implemented Korean Health Education Specialist certification.
- Author
-
Lee JY, Winkelman SB, and Kim J
- Subjects
- Certification legislation & jurisprudence, Certification standards, Health Education legislation & jurisprudence, Health Occupations standards, Humans, Professional Competence legislation & jurisprudence, Professional Competence standards, Republic of Korea, Workforce, Health Education standards, Health Occupations education, Health Plan Implementation
- Abstract
Professional competencies, standards, and professional preparation of public health professionals, which includes health education and health promotion competencies, is documented in Australia, Europe, Japan, and the United States. Preparing a competent public health education workforce is a newly established priority of the South Korean Ministry of Health and Welfare. In 2010, the first ever Health Education Specialist credential was implemented in South Korea. This commentary describes the creation and implementation of the Health Education Specialist credential and initial workforce preparation outcomes of the new credential., (© The Author(s) 2014.)
- Published
- 2015
- Full Text
- View/download PDF
20. Telemedicine. In the Matter of Ann De Jong, MD, Case No. 2012-BOM-582 (Idaho Bd. of Med. January 6, 2014).
- Author
-
West JC
- Subjects
- Female, Humans, Idaho, Inappropriate Prescribing legislation & jurisprudence, Professional Competence legislation & jurisprudence, Respiratory Tract Infections drug therapy, Telemedicine legislation & jurisprudence
- Published
- 2015
21. [Psychotherapeutically Competent Child Guidance-General Framework and Legal Foundations].
- Author
-
Menne K
- Subjects
- Child, Education, Nonprofessional legislation & jurisprudence, Education, Nonprofessional methods, Family Therapy legislation & jurisprudence, Family Therapy methods, Germany, Humans, Patient Rights legislation & jurisprudence, Child Guidance legislation & jurisprudence, Child Guidance methods, Professional Competence legislation & jurisprudence, Professional Competence standards, Psychotherapy legislation & jurisprudence, Psychotherapy methods
- Abstract
Assistances in education are pedagogical and therapeutic benefits connected with it. For child guidance as an assistance in education therefore psychotherapeutic competence is constitutive. The article describes the professional and legal framework of a psychotherapy in child guidance. It specifies on the one hand the composition of the multi disciplinary team (including child and youth psychotherapists and psychological psychotherapists) and the additional therapeutic qualifications acquired by the skilled employees. On the other hand it traces the judicial border between a medical psychotherapy with its scientifically recognised psychotherapy procedures and methods and a psychotherapy in child guidance. The applicability of the new law on the rights of patients with its requirements on a contract governing medical treatment (standards of medical specialists, duty to provide information, information provided for self-determination as well as documentation) on child guidance is discussed as well. The author argues for the preservation of psychotherapeutic competence in child guidance as a benefit sui generis and sees precisely in its therapeutic competence its specific contribution to the advancement of the assistances in education.
- Published
- 2015
- Full Text
- View/download PDF
22. [Editorial].
- Author
-
Lenz A
- Subjects
- Adolescent, Child, Combined Modality Therapy methods, Combined Modality Therapy standards, Education, Nonprofessional legislation & jurisprudence, Education, Nonprofessional methods, Germany, Humans, Professional Competence standards, Child Guidance legislation & jurisprudence, Child Guidance methods, Professional Competence legislation & jurisprudence, Psychotherapy legislation & jurisprudence, Psychotherapy methods
- Published
- 2015
- Full Text
- View/download PDF
23. New code is a victory for consensus in the profession, says regulator.
- Author
-
Keogh K
- Subjects
- Consensus, Female, Humans, Pregnancy, United Kingdom, Codes of Ethics, Midwifery ethics, Nurse Midwives ethics, Nursing Staff standards, Professional Competence legislation & jurisprudence, Societies, Nursing ethics
- Abstract
The Nursing and Midwifery Council's code of conduct is at the heart of every nurse's practice, setting out standards of conduct, performance and ethics for the profession.
- Published
- 2014
- Full Text
- View/download PDF
24. Pharmacy legislation: public protector or professional hindrance?
- Author
-
Langley CA
- Subjects
- Humans, Liability, Legal, Pharmacists organization & administration, Pharmacists trends, Prescription Drugs supply & distribution, Professional Competence legislation & jurisprudence, United Kingdom, Legislation, Pharmacy, Medication Errors legislation & jurisprudence, Pharmacists legislation & jurisprudence, Prescription Drugs standards
- Abstract
Pharmacy originates from a background of medication compounding and supply. More recently, this role has developed away from an absolute focus on the supply of pharmaceuticals with, for example, the advent of pharmacist prescribing. Nevertheless, for a majority of the profession, medication supply remains a core activity. Regulation of the pharmacy profession is now the responsibility of the General Pharmaceutical Council, although up until 27 September 2010, this role fell to the Royal Pharmaceutical Society of Great Britain (RPSGB). Before this change, in one of the most high-profile legal cases involving a pharmacist in a professional capacity, R. v Lee, a pharmacist was prosecuted firstly for gross negligence manslaughter, later revised to offences under the Medicines Act 1968, for a single error relating to medication supply, and was given a suspended custodial sentence. Offences against sections 64 or 85 of the Medicines Act are absolute offences and there is no due diligence defence. Prosecution of a pharmacist for the supply of incorrect medication may seem a measured course of action to protect the public from the wrongful supply of potent pharmacotherapeutic agents; however, further analysis of Lee indicates that this approach may be counterproductive. An appeal of the original conviction in the Lee case has resulted in a clarification of the interpretation of section 85(5); however currently, prosecutions under section 64 are still a possibility. Owing to the seriousness of a criminal conviction under section 64, this continuation will potentially stifle the profession's ability to learn from dispensing errors.
- Published
- 2014
- Full Text
- View/download PDF
25. HCA role lacks clarity, says leading nurse director.
- Subjects
- Humans, United Kingdom, Nurse Administrators, Nurse's Role, Nursing Assistants legislation & jurisprudence, Nursing Assistants standards, Professional Competence legislation & jurisprudence, Professional Competence standards
- Published
- 2014
- Full Text
- View/download PDF
26. Here comes the sun: medical professionalism and the implications of the sunshine act for gastroenterology practice.
- Author
-
Feld LD, Yeh J, and Feld AD
- Subjects
- Delivery of Health Care ethics, Gastroenterology ethics, Professional Competence economics, Delivery of Health Care legislation & jurisprudence, Delivery of Health Care methods, Gastroenterology legislation & jurisprudence, Gastroenterology methods, Professional Competence legislation & jurisprudence
- Published
- 2014
- Full Text
- View/download PDF
27. [Research presentation in the form of legal points].
- Author
-
Truilhé-Marengo E
- Subjects
- Conservation of Natural Resources legislation & jurisprudence, Ecology legislation & jurisprudence, Humans, Periodicals as Topic, Biodiversity, Professional Competence legislation & jurisprudence
- Abstract
What is the connection among scientific knowledge and public decision, at international, european and national level, in the field of biodiversity ? Firmly believing in the relevance of legal tools, we wanted to call into question the phenomenom of the massive externalization of scientific expertise in order, perhaps, to determine the conditions of a better guidance of the use of the latter. This article is presenting the results of a research witch have received the support of the "Fondation de Recherche pour la Biodiversité" (FRB).
- Published
- 2014
28. The politics of professionalism in general practice: knowledge is power.
- Author
-
Goldie J
- Subjects
- General Practice economics, General Practice legislation & jurisprudence, General Practice trends, Government Regulation, Health Knowledge, Attitudes, Practice, Humans, Licensure economics, Licensure legislation & jurisprudence, Licensure standards, Politics, Power, Psychological, Professional Competence economics, Professional Competence legislation & jurisprudence, Professional Competence standards, State Medicine economics, State Medicine trends, United Kingdom, General Practice standards, Physician-Patient Relations, State Medicine organization & administration
- Published
- 2014
- Full Text
- View/download PDF
29. Knowledge claims, jurisdictional control and professional status: the case of nurse prescribing.
- Author
-
Kroezen M, van Dijk L, Groenewegen PP, and Francke AL
- Subjects
- Delivery of Health Care legislation & jurisprudence, Delivery of Health Care standards, Humans, Interprofessional Relations, Netherlands, Drug Prescriptions standards, Nurse's Role, Nurses legislation & jurisprudence, Professional Competence legislation & jurisprudence, Professional Competence standards
- Abstract
Over the past decades, professional boundaries in health care have come under pressure, and the expansion of prescriptive authority to include nurses touches on issues of professional domains and interprofessional competition. Knowledge claims play an important role in achieving jurisdictional control. Knowledge can take on multiple forms, ranging from indeterminate to technical (I/T ratio) and from everyday to exclusive knowledge. To investigate the interrelatedness of jurisdiction, knowledge claims and professional status, we examine which knowledge claims were made by the medical and nursing professions in the Netherlands to secure or obtain, respectively, jurisdictional control over prescribing, and which form this knowledge took. The study is based on thirteen semi-structured stakeholder interviews and an extensive document analysis. We found that the nursing profession in its knowledge claims strongly emphasized the technicality and everyday knowledge character of the prescribing task, by asserting that nurses were already prescribing medicines, albeit on an illegal basis. Their second claim focused on the indeterminate knowledge skills of nurses and stated that nurse prescribing would do justice to nurses' skills and expertise. This is a strong claim in a quest for (higher) professional status. Results showed that the medical profession initially proclaimed that prescribing should be reserved for doctors as it is a task requiring medical knowledge, i.e. indeterminate knowledge. Gradually, however, the medical profession adjusted its claims and tried to reduce nurse prescribing to a task almost exclusively based on technicality knowledge, among others by stating that nurses could prescribe in routine cases, which would generate little professional status. By investigating the form that professional knowledge claims took, this study was able to show the interconnectedness of jurisdictional control, knowledge claims and professional status. Knowledge claims are not mere rhetoric, but actively influence the everyday realities of professional status, interprofessional competition and jurisdictional division between professions.
- Published
- 2013
- Full Text
- View/download PDF
30. Barriers to the effective use of medico-legal findings in sexual assault cases worldwide.
- Author
-
Mont JD and White D
- Subjects
- Communication, Developed Countries, Developing Countries, Female, Forensic Medicine legislation & jurisprudence, Forensic Medicine standards, Hierarchy, Social, Humans, Interprofessional Relations, Professional Competence legislation & jurisprudence, Rape prevention & control, Sex Offenses legislation & jurisprudence, Sex Offenses prevention & control, Sexism legislation & jurisprudence, Sexism prevention & control, Specimen Handling standards, Criminal Law legislation & jurisprudence, Cross-Cultural Comparison, Rape legislation & jurisprudence
- Abstract
Despite the increasing implementation of standardized rape kits across jurisdictions, the medico-legal findings generated by these tools are often not related to positive criminal justice outcomes. Given that there has been no global investigation of the factors that might impede their successful use in cases of sexual assault, we conducted a review of relevant scholarly and "grey" literature from industrialized and less-developed regions. One key theme to emerge from the analysis concerned certain problematic practices and behaviors of professional groups involved in the various stages of the post-sexual assault process. We found that a lack of competence in handling sexual assault cases, contempt for women who have been victimized, and corruption among some forensic examiners, police, scientists, and legal personnel often have shaped the collection, processing, analysis, and use of medico-legal evidence. We discuss recent initiatives and future directions for research that might serve to address these issues.
- Published
- 2013
- Full Text
- View/download PDF
31. Pharmacists' liability: what my pharmacy law professor did not cover.
- Author
-
Rizo M and Seamon M
- Subjects
- Attitude of Health Personnel, Drug Compounding, Government Regulation, Health Knowledge, Attitudes, Practice, Humans, Professional Competence legislation & jurisprudence, Drug and Narcotic Control legislation & jurisprudence, Health Policy, Liability, Legal, Malpractice legislation & jurisprudence, Medication Errors legislation & jurisprudence, Pharmaceutical Services legislation & jurisprudence, Pharmacists legislation & jurisprudence, Professional Role
- Abstract
This article summarizes a practicing pharmacist's take on the liability of pharmacists in current pharmacy practice. The author, who feels that compounding pharmacists should be held to the same standards as other healthcare providers in civil litigations, provides a look at what he considers "entrapment" by way of legal double standards between independent pharmacy and big pharma.
- Published
- 2013
32. Delegation and beyond: what happens when things go wrong?
- Author
-
Solon M
- Subjects
- Delegation, Professional legislation & jurisprudence, Female, Humans, Liability, Legal, Midwifery legislation & jurisprudence, Pregnancy, Quality Assurance, Health Care, State Medicine, United Kingdom, Delegation, Professional organization & administration, Interprofessional Relations, Midwifery organization & administration, Nurse's Role, Professional Competence legislation & jurisprudence
- Abstract
Both midwives and maternity support workers can be confused about who is liable if a task is delegated and something goes wrong. With proper understanding of roles and a knowledge of which tasks can and can't be delegated, however, the midwife should be protected, particularly as in practice the NHS body will have vicarious liability in the event of any claim. Clinical negligence training identifies the risks and responsibilities involved--and, leaving aside issues of delegation, training should also instil common sense safeguards against incurring criminal liability, which is independent from any professional or civil sanction.
- Published
- 2013
33. GMC criticised for not making transitional arrangements when changing rules on distance learning.
- Author
-
Dyer C
- Subjects
- Education, Distance standards, Educational Measurement methods, Humans, Organizational Policy, Professional Competence legislation & jurisprudence, Professional Competence standards, Specialty Boards organization & administration, United Kingdom, Education, Distance legislation & jurisprudence, Education, Medical legislation & jurisprudence
- Published
- 2013
- Full Text
- View/download PDF
34. Spotlight on managers at fitness to practise hearings.
- Author
-
Gillen S and Duffin C
- Subjects
- England, Humans, Emergency Service, Hospital legislation & jurisprudence, Malpractice legislation & jurisprudence, Nursing, Supervisory legislation & jurisprudence, Professional Competence legislation & jurisprudence
- Published
- 2013
- Full Text
- View/download PDF
35. Ethical, legal, and social issues in the translation of genomics into health care.
- Author
-
Badzek L, Henaghan M, Turner M, and Monsen R
- Subjects
- Codes of Ethics, Confidentiality ethics, Confidentiality legislation & jurisprudence, Genetic Testing ethics, Genetic Testing legislation & jurisprudence, Humans, Informed Consent ethics, Informed Consent legislation & jurisprudence, Professional Competence legislation & jurisprudence, Ethics, Nursing, Genome, Human, Genomics ethics, Genomics legislation & jurisprudence, Human Rights legislation & jurisprudence, Nursing Care, Social Change
- Abstract
Purpose: The rapid continuous feed of new information from scientific discoveries related to the human genome makes translation and incorporation of information into the clinical setting difficult and creates ethical, legal, and social challenges for providers. This article overviews some of the legal and ethical foundations that guide our response to current complex issues in health care associated with the impact of scientific discoveries related to the human genome., Organizing Construct: Overlapping ethical, legal, and social implications impact nurses and other healthcare professionals as they seek to identify and translate into practice important information related to new genomic scientific knowledge., Methods: Ethical and legal foundations such as professional codes, human dignity, and human rights provide the framework for understanding highly complex genomic issues. Ethical, legal, and social concerns of the health provider in the translation of genomic knowledge into practice including minimizing harms, maximizing benefits, transparency, confidentiality, and informed consent are described. Additionally, nursing professional competencies related to ethical, legal, and social issues in the translation of genomics into health care are discussed., Conclusions: Ethical, legal, and social considerations in new genomic discovery necessitate that healthcare professionals have knowledge and competence to respond to complex genomic issues and provide appropriate information and care to patients, families, and communities., Clinical Relevance: Understanding the ethical, legal, and social issues in the translation of genomic information into practice is essential to provide patients, families, and communities with competent, safe, effective health care., (© 2013 Sigma Theta Tau International.)
- Published
- 2013
- Full Text
- View/download PDF
36. Simply irresistible.
- Author
-
Kurkowski MA
- Subjects
- Dental Assistants ethics, Dentists ethics, Employment legislation & jurisprudence, Ethics, Dental, Female, Humans, Iowa, Male, Professional Competence legislation & jurisprudence, Social Behavior, Dental Assistants legislation & jurisprudence, Dentists legislation & jurisprudence, Interprofessional Relations ethics
- Published
- 2013
37. [Renowned or average - conditions of law of competition to advertise medical skill of oneself in Germany].
- Author
-
Oehler T
- Subjects
- Biomedical Research legislation & jurisprudence, Cross-Cultural Comparison, Germany, Humans, Professional Competence legislation & jurisprudence, Specialization, Advertising legislation & jurisprudence, Clinical Competence legislation & jurisprudence, Economic Competition legislation & jurisprudence, National Health Programs legislation & jurisprudence, Quality of Health Care legislation & jurisprudence
- Published
- 2013
- Full Text
- View/download PDF
38. Keeping a CPD log: RANZCP website or AMA tracker, or both?
- Author
-
Beckmann K
- Subjects
- Australia, Humans, Internet statistics & numerical data, Professional Competence legislation & jurisprudence, Professional Competence standards, Societies, Medical standards
- Published
- 2012
- Full Text
- View/download PDF
39. Collusion and negligence in hospitals.
- Author
-
Cohain JS
- Subjects
- Delivery Rooms legislation & jurisprudence, Female, Humans, Pregnancy, Professional Competence legislation & jurisprudence, Deception, Liability, Legal, Malpractice legislation & jurisprudence, Maternal Welfare legislation & jurisprudence, Obstetric Labor Complications epidemiology
- Published
- 2012
40. Expert witnesses in dentistry: a comparison between Italy and Croatia.
- Author
-
Nuzzolese E and Čuković-Bagić I
- Subjects
- Clinical Competence legislation & jurisprudence, Confidentiality legislation & jurisprudence, Coroners and Medical Examiners ethics, Coroners and Medical Examiners legislation & jurisprudence, Croatia, Dentists ethics, Ethics, Dental, Forensic Dentistry education, Humans, Insurance, Liability legislation & jurisprudence, Italy, Liability, Legal, Maxillofacial Injuries economics, Professional Competence legislation & jurisprudence, Registries, Social Responsibility, Tooth Injuries economics, Value of Life, Dentists legislation & jurisprudence, Expert Testimony legislation & jurisprudence, Forensic Dentistry legislation & jurisprudence
- Abstract
A dentist is frequently required to translate dental trauma into monetary value, for example after car accidents and/or work-related injuries. When called to act in this capacity a dentist should combine his/her biological and technical knowledge with a quality medico-legal knowledge. Calculation of economic (pecuniary) damages and non-economic (non-pecuniary) damages requires specific training in medico-legal matters and awareness of the inherent pitfalls. Expert Witnesses registered in Court are usually asked to perform this duty. Nevertheless, European countries have differences regarding dental damage evaluations as well as significant differences in the conditions required for registration as an Expert Witness in Court. A dental Expert Witness has precise responsibilities and is subject to civil or criminal proceedings (depending on the judicial system) if found wanting. In forensic/legal dentistry a medico-legal doctor should not work in isolation from a dentist in dental cases nor is it wise for a dentist to work in the courts without having had specific training regarding judicial disciplines relating to dental damages. In this preliminary work the authors investigate the principal differences in the judicial systems regarding the appointment of Expert Witnesses in both Italian and Croatian courts. The next step will expand this investigation through to European countries in order to marshal knowledge towards harmonization, best practice and a common ground for dental evaluation and claim compensations (in accordance with the Council of Europe Resolution 75 – 7 Compensation for physical injury or death).
- Published
- 2012
41. [Quality assurance in coding expertise of hospital cases in the German DRG system. Evaluation of inter-rater reliability in MDK expertise].
- Author
-
Huber H, Brambrink M, Funk R, and Rieger M
- Subjects
- Germany, Humans, Observer Variation, Diagnosis-Related Groups legislation & jurisprudence, Diagnosis-Related Groups statistics & numerical data, Expert Testimony legislation & jurisprudence, National Health Programs legislation & jurisprudence, Professional Competence legislation & jurisprudence, Professional Competence statistics & numerical data, Quality Assurance, Health Care legislation & jurisprudence, Quality Assurance, Health Care statistics & numerical data
- Abstract
Aim: The purpose of this study was to evaluate differences in the D-DRG results of a hospital case by 2 independently coding MKD raters. Calculation of the 2-inter-rater reliability was performed by examination of the coding of individual hospital cases. The reasons for the non-agreement of the expert evaluations and suggestions to improve the process are discussed., Methods: From the expert evaluation pool of the MDK-WL a random sample of 0.7% of the 57,375 expertises was taken. Distribution equality with the basic total was tested by the χ² test or, respectively, Fisher's exact test. For the total of 402 individual hospital cases, the G-DRG case sums of 2 experts of the MDK were determined independently and the results checked for each individual case for agreement or non-agreement. The corresponding confidence intervals with standard errors were analysed to test if certain major diagnosis categories (MDC) were statistically significantly more affected by differing expertise results than others., Results: In 280 of the total 402 tested hospital cases, the 2 MDK raters independently reached the same G-DRG results; in 122 cases the G-DRG case sums determined by the 2 raters differed (agreement 70%; CI 65.2-74.1). Different DRG results between the 2 experts occurred regularly in the entire MDC spectrum. No MDC chapter in which significant differences between the 2 raters arose could be identified., Conclusion: The results of our study demonstrate an almost 70% agreement in the evaluation of hospital cost accounts by 2 independently operating MDK. This result leaves room for improvement. Optimisation potentials can be recognised on the basis of the results. Potential for improvement was established in combination with regular further training and the expansion of binding internal code recommendations as well as exchange of code-relevant information among experts in internal forums. The presented model is in principle suitable for cross-border examinations within the MDK system with the advantage that further trends could be uncovered by more variety and larger numbers of the randomly selected cases., (© Georg Thieme Verlag KG Stuttgart · New York.)
- Published
- 2012
- Full Text
- View/download PDF
42. Confusion over DNAR orders.
- Author
-
Levine D
- Subjects
- Confusion, Female, Humans, Male, Cardiopulmonary Resuscitation ethics, Cardiopulmonary Resuscitation nursing, Decision Making ethics, Heart Arrest nursing, Heart Arrest therapy, Mental Competency, Professional Competence legislation & jurisprudence, Resuscitation Orders ethics
- Published
- 2012
- Full Text
- View/download PDF
43. Spice it up.
- Author
-
Clark JR
- Subjects
- Homicide, Humans, Malpractice, Professional Competence legislation & jurisprudence, Standard of Care, United States, Emergency Medical Services legislation & jurisprudence, Health Knowledge, Attitudes, Practice
- Published
- 2012
- Full Text
- View/download PDF
44. Quackery versus professionalism? Characters, places and media of medical knowledge in eighteenth-century Hungary.
- Author
-
Krász L
- Subjects
- Books history, History, 18th Century, Humans, Hungary, Police, Professional Practice legislation & jurisprudence, Quackery legislation & jurisprudence, Medicine, Traditional history, Professional Competence legislation & jurisprudence, Professional Practice history, Public Health history, Quackery history, Schools, Medical history
- Abstract
This essay discusses the question of health in the Kingdom of Hungary during the Age of Enlightenment. It explores the relationships and tensions between central theories of medical police and the local expectations of government administrators, as well as those between academic or official knowledge and implicit or alternative knowledge about health. The reigns of Maria Theresia and Joseph II marked the moment at which particular kinds of folk and practical knowledge about healing became visible and above all legible. This is to be seen in the enormous rise in book production, which in itself represented an 'approved knowledge' that found legitimation in new academic and bureaucratic institutions, such as the reformed medical faculty of the University of Vienna, the newly-founded medical faculty at Tyrnau, the establishment of a health department within the Hungarian Statthalterei, as well as in the emission of royal legislation supporting the agendas of the new enlightened science of 'medical police'., (Copyright © 2012 Elsevier Ltd. All rights reserved.)
- Published
- 2012
- Full Text
- View/download PDF
45. Radiology residents taking call.
- Author
-
Berlin L
- Subjects
- After-Hours Care legislation & jurisprudence, Humans, Liability, Legal, Personnel Staffing and Scheduling, Radiology legislation & jurisprudence, Societies, Medical, United States, Internship and Residency, Professional Competence legislation & jurisprudence, Radiology education
- Published
- 2012
- Full Text
- View/download PDF
46. Assessing first year radiology resident competence pre-call: development and implementation of a computer-based exam before and after the 12 month training requirement.
- Author
-
Khan R, Krupinski E, Graham JA, Benodin L, and Lewis P
- Subjects
- United States, Computer-Assisted Instruction methods, Computer-Assisted Instruction statistics & numerical data, Educational Measurement statistics & numerical data, Internship and Residency statistics & numerical data, Professional Competence legislation & jurisprudence, Radiology education, Radiology statistics & numerical data
- Abstract
Rationale and Objectives: Whether first-year radiology residents are ready to start call after 6 or 12 months has been a subject of much debate. The purpose of this study was to establish an assessment that would evaluate the call readiness of first-year radiology residents and identify any individual areas of weakness using a comprehensive computerized format. Secondarily, we evaluated for any significant differences in performance before and after the change in precall training requirement from 6 to 12 months., Materials and Methods: A list of >140 potential emergency radiology cases was given to first-year radiology residents at the beginning of the academic year. Over 4 years, three separate versions of a computerized examination were constructed using hyperlinked PowerPoint presentations and given to both first-year and second-year residents. No resident took the same version of the exam twice. Exam score and number of cases failed were assessed. Individual areas of weakness were identified and remediated with the residents. Statistical analysis was used to evaluate exam score and the number of cases failed, considering resident year and the three versions of the exam., Results: Over 4 years, 17 of 19 (89%) first-year radiology residents passed the exam on first attempt. The two who failed were remediated and passed a different version of the exam 6 weeks later. Using the oral board scoring system, first-year radiology residents scored an average of 70.7 with 13 cases failed, compared to 71.1 with eight cases failed for second-year residents who scored statistically significantly higher. No significant difference was found in first-year radiology resident scoring before and after the 12-month training requirement prior to call., Conclusions: An emergency radiology examination was established to aid in the assessment of first-year radiology residents' competency prior to starting call, which has become a permanent part of the first-year curriculum. Over 4 years, all first-year residents were ultimately judged ready to start call. Of the variables assessed, only resident year showed a significant difference in scoring parameters. In particular, length of training prior to taking call showed no significant difference. Areas of weakness were identified for further study., (Copyright © 2012 AUR. Published by Elsevier Inc. All rights reserved.)
- Published
- 2012
- Full Text
- View/download PDF
47. The coroner's inquest.
- Author
-
Solon M
- Subjects
- Female, Humans, Infant, Newborn, Nurse's Role, Pregnancy, Pregnancy Outcome, United Kingdom, Attitude to Death, Cause of Death, Coroners and Medical Examiners legislation & jurisprudence, Expert Testimony legislation & jurisprudence, Midwifery legislation & jurisprudence, Professional Competence legislation & jurisprudence
- Abstract
In the awful circumstances of the death of a mother or baby around childbirth, midwives need to be prepared for what happens afterwards. This article sets out some top tips for midwives appearing at a coroner's court with practical advice from Peter Straker, Coroner for West Yorkshire (Western District). You should be respectful, say how very sorry you are for the death, dress well, make sure you read your notes before the hearing and of course be open, honest and truthful. You must also be prepared to answer questions from the family of the deceased as well as from the Coroner.
- Published
- 2012
48. Training for legal dental expert witnesses in Germany: an instrument for professional development.
- Author
-
Brauer HU, Walther W, Riesen C, and Dick M
- Subjects
- Adult, Attitude of Health Personnel, Curriculum standards, Dentists psychology, Germany, Humans, Malpractice legislation & jurisprudence, Middle Aged, Motivation, Surveys and Questionnaires, Teaching methods, Education, Dental, Continuing standards, Expert Testimony legislation & jurisprudence, Forensic Dentistry education, Professional Competence legislation & jurisprudence
- Abstract
Lawsuits in dentistry are increasing, and often a legal dental expert witness is called to provide an expert opinion. The appointment of the expert witness is rather arbitrary since special requirements for expert witnesses do not exist. Qualified written expert opinions, however, are particularly relevant for the dental profession. The Karlsruhe Training for Legal Dental Expert Witnesses (KT) was introduced as the German approach to this problem. The KT is a training program based on the principles of continuing professional development (CPD) that trains dentists to give written expert opinions and to act as expert witnesses in all types of legal matters. The aim of the study was to assess the quality of the KT according to the requirements of CPD. A written survey was conducted among the 161 participants in the KT between 2004 and 2009. It contained questions to assess the quality of the program and to evaluate its impact on the professional performance of the participants. The return rate was 51.6 percent (n=83). The analysis shows that the KT achieved its main goal to train the dentist as a legal dental expert witness and that the KT does not only transfer formal knowledge but stimulates changes in personal development as described in the concept of CPD.
- Published
- 2012
49. Standards of practice: the essence of a profession.
- Author
-
Muller LS
- Subjects
- Case Management legislation & jurisprudence, Case Management statistics & numerical data, Educational Status, Health Knowledge, Attitudes, Practice, Humans, Professional Competence legislation & jurisprudence, Professional Practice legislation & jurisprudence, Professional Practice statistics & numerical data, Social Work, United States, Case Management standards, Professional Competence standards, Professional Practice standards, Professional Role
- Published
- 2012
- Full Text
- View/download PDF
50. Responsible officers could test language skills of EU doctors.
- Author
-
Jaques H
- Subjects
- England, European Union, Humans, Cultural Competency legislation & jurisprudence, Foreign Medical Graduates legislation & jurisprudence, Foreign Medical Graduates standards, Government Agencies legislation & jurisprudence, Language Tests, Professional Competence legislation & jurisprudence
- Published
- 2012
- Full Text
- View/download PDF
Catalog
Discovery Service for Jio Institute Digital Library
For full access to our library's resources, please sign in.