Legal Requirements (legal + requirement)

Distribution by Scientific Domains


Selected Abstracts


The challenges for nurses communicating with and gaining valid consent from adults with intellectual disabilities within the accident and emergency care service

JOURNAL OF CLINICAL NURSING, Issue 9 2007
Margaret Sowney MSc
Aim., This paper reports the challenges experienced by nurses within accident and emergency departments in communicating with and gaining valid consent from adults with intellectual disabilities. Background., Consent is both a legal requirement and an ethical principle required to be obtained by health-care professionals, prior to the start of any examination, treatment and/or care. Central to the process of seeking consent is effective communication. However, evidence shows that people with intellectual disabilities are not viewed by professionals within acute general hospitals as a vital source of information, neither are they often communicated with directly, nor involved in discussions or decisions about their health care and are frequently not directly asked for their consent. Method., A purposive sample of nurses working within the accident and emergency departments of five general hospitals was recruited to participate in this qualitative study. Data were collected from five focus groups. Findings., Effective communication was identified as the most challenging aspect in caring for adults with intellectual disabilities within this environment, having an impact on the assessment of needs, informing patients of their health status and seeking valid consent. Conclusions., Fundamental to the provision of quality care are the concepts communication, choice and control. However, these issues are perceived to be more challenging in the provision of health care to people with intellectual disabilities. Communication and consent, therefore, require further consideration within the educational and clinical areas to strengthen nurses' competence in caring for people with intellectual disabilities, with an emphasis and understanding that choice and control are key principles for all people, being central aspects to the provision of an inclusive service for people with intellectual disabilities. Relevance to clinical practice., All nurses need to have a greater awareness of learning disability, how to increase opportunities for effective communication and be very familiar with the issue and guidelines relating to consent, to ensure that people with learning disabilities have choice, control and are more active in decision making regarding their health. [source]


Operated and unoperated cataract in Australia

CLINICAL & EXPERIMENTAL OPHTHALMOLOGY, Issue 2 2000
Catherine A McCarty PhD MPH
ABSTRACT Purpose: To quantify the prevalence of cataract, the outcomes of cataract surgery and the factors related to unoperated cataract in Australia. Methods: Participants were recruited from the Visual Impairment Project: a cluster, stratified sample of more than 5000 Victorians aged 40 years and over. At examination sites interviews, clinical examinations and lens photography were performed. Cataract was defined in participants who had: had previous cataract surgery, cortical cataract greater than 4/16, nuclear greater than Wilmer standard 2, or posterior subcapsular greater than 1 mm 2. Results: The participant group comprised 3271 Melbourne residents, 403 Melbourne nursing home residents and 1473 rural residents. The weighted rate of any cataract in Victoria was 21.5%. The overall weighted rate of prior cataract surgery was 3.79%. Two hundred and forty-nine eyes had had prior cataract surgery. Of these 249 procedures, 49 (20%) were aphakic, 6 (2.4%) had anterior chamber intraocular lenses and 194 (78%) had posterior chamber intraocular lenses. Two hundred and eleven of these operated eyes (85%) had best-corrected visual acuity of 6/12 or better, the legal requirement for a driver's license. Twenty-seven (11%) had visual acuity of less than 6/18 (moderate vision impairment). Complications of cataract surgery caused reduced vision in four of the 27 eyes (15%), or 1.9% of operated eyes. Three of these four eyes had undergone intracapsular cataract extraction and the fourth eye had an opaque posterior capsule. No one had bilateral vision impairment as a result of cataract surgery. Surprisingly, no particular demographic factors (such as age, gender, rural residence, occupation, employment status, health insurance status, ethnicity) were related to the presence of unoperated cataract. Conclusions: Although the overall prevalence of cataract is quite high, no particular subgroup is systematically under-serviced in terms of cataract surgery. Overall, the results of cataract surgery are very good, with the majority of eyes achieving driving vision following cataract extraction. [source]


Allergic contact dermatitis from modified colophonium in wound dressings

CONTACT DERMATITIS, Issue 1 2007
Teresa M. Pereira
This study concerns a 69-year-old female patient with a longstanding history of venous ulcerations on both lower legs and multiple sensitivities, who developed eczematous lesions with the hydrocolloid dressing Combiderm® (Convatec Ltd., a Bristol-Myers Squibb division, Ickenham, Middlesex, UK). Epicutaneous tests were positive to this dressing and to a modified colophonium derivative, i.e. glyceryl rosinate, however not to the unmodified colophonium from the standard series. A review of the literature showed several case reports about sensitization to similar hydrocolloids being distributed under various brand names in different countries and which contain the pentaerythritol ester of the hydrogenated rosin as the tackifying agent. Some of the patients described did, while others did not, react to colophonium but only to a modified derivative. In our patient, the reaction to glyceryl rosinate most probably represent cross-sensitivity with the modified colophonium derivative used in Combiderm®, the presence (but not the exact nature) of which was showed by the company. In patients where allergic contact dermatitis from hydrocolloid dressings is strongly suspected and colophonium tests negatively, patch testing to modified colophonium derivatives should therefore be performed. As the complete composition of wound dressings is most often unknown, we urgently advocate legal requirements for labelling of those and in fact all medically used devices. [source]


The radioactive autopsy: safe working practices

HISTOPATHOLOGY, Issue 3 2007
M Singleton
Autopsy cases involving individuals retaining radioactive substances are fortunately rare, but when they occur they can impose significant radiation safety and legal requirements. This review aims to improve the understanding of these issues so that appropriate precautions are implemented when necessary. This review describes the properties of ionizing radiations, natural and man-made sources of ionizing radiation and its use in healthcare. It identifies the most likely circumstances leading to radioactive substances being present during autopsy and sources of information, including radiation protection advice. It discusses precautions that may need to be implemented prior to, during and following autopsy. Despite the issue of appropriate information to patients and next of kin, it is inevitable that some cases will be identified only at autopsy and it is important that robust local procedures are maintained. Information must be communicated to assist safe management of the body and liaison between relevant professional groups may be needed to standardize methods of communication. Provided that appropriate precautions are implemented, determined through consultation with a qualified expert in radiation protection and by completion of risk assessment, the radioactive autopsy can be undertaken safely and in compliance with relevant legislative requirements. [source]


Transdermal delivery of two antioxidants from different cosmetic formulations

INTERNATIONAL JOURNAL OF COSMETIC SCIENCE, Issue 1-2 2003
S. Richert
Synopsis The efficacy of any cosmetic product containing a functional ingredient is determined by the skin delivery of the active molecule, which is influenced by the type of the vehicle and the molecule itself. This study was designed to compare the percutaneous absorption habits of the antioxidants carcinine and lipoic acid out of various formulations by means of the porcine skin model. Initial evaluation of the in vitro porcine skin model has demonstrated its feasibility for various substances and formulations [1, 2]. Increasing legal requirements for risk assessment in the cosmetic industry have led to the development of this alternative test method. The penetration properties are determined by the OECD Guideline TG 428: Skin Absorption: in vitro Method [3, 4], which allows the use of porcine skin for penetration studies. Porcine skin is used because of its similarity to human skin in terms of its morphology and the essential permeation characteristics [5]. The mass balances for each tested formulation type of the antioxidants show individual penetration behaviours with significant differences. The presented data plainly demonstrate that the lipophilic lipoic acid has a distinct higher penetration potential than the hydrophilic carcinine. The chosen vehicle can enhance or reduce the transdermal delivery of both tested antioxidants. Modern effective cosmetic formulations will work only, if the active ingredients penetrate into the epidermis. In conclusion, the correct selection of a suitable formulation plays an important role during product development. Résumé L'efficacité d'un produit cosmétique ou de son principe actif est définie par l'absorption du principe actif par la peau. Cette action est influencée par la structure moléculaire du principe actif ainsi que par la galénique du produit. Dans cette étude, les taux d'absorption percutanée des agents anti-oxydants Carcinine et Acide Lipoïque intégrés dans différentes formulations cosmétiques ont été comparés avec le modèle de peau porcine. La phase de validation sur plusieurs années du modèle peau porcine in vitro a prouvé qu'il se prête très bien à la détermination de la pénétration percutanée de différentes substances et formulations. Des exigences légales de plus en plus sévères concernant la pratique des tests de sécurité pour les produits cosmétiques ont mené au développement de cette méthode qui remplace les essais sur animaux. La définition des qualités de pénétration se fait selon la directive OECD TG 428 : Skin Absorption : in vitro Method [3, 4] qui permet l'utilisation de la peau porcine provenant des abattoirs pour l'exécution des études de pénétration. Les bilans quantitatifs des formulations testées montrent que les agents anti-oxydants ont des comportements de pénétration différant de manière significative. Les données présentées démontrent très clairement que l'acide Lipoïque, lipophile, possède un potentiel de pénétration bien plus élevé que la Carcinine, hydrophile. La base cosmétique peut aussi réduire ou augmenter le potentiel de pénétration des agents anti-oxydant testés. En résumé, le choix correct d'un type de formulation joue un rôle très important dans le développement d'un produit cosmétique. [source]


Procedural Justice and Perceptions of Fairness in Selection Practice

INTERNATIONAL JOURNAL OF SELECTION AND ASSESSMENT, Issue 3 2000
Lynette Harris
Demonstrating procedural justice through a focus on the psychometric job-related approach to selection continues to be the most effective means for employers to meet legal requirements and potential claims of unfair treatment. A study of selection practice in a large local UK City Council reports how a structured, highly ,job-focused' approach can result in negative perceptions about the fairness of the process, its outcomes and effectiveness. Its findings reveal an organizational dilemma , how to develop selection systems that are sufficiently robust in terms of demonstrating maximum procedural fairness and objectivity to withstand potential litigation but are sufficiently flexible to accommodate those other factors which influence individual perceptions of fairness. It considers the future of the highly structured approach in the light of pressures to develop selection processes which can meet the needs of rapidly changing organizational structures as well the expansion of anti-discrimination legislation and litigation. [source]


Voluntary Appointment of Independent Directors in Taiwan: Motives and Consequences

JOURNAL OF BUSINESS FINANCE & ACCOUNTING, Issue 9-10 2008
Chaur-Shiuh Young
Abstract:, This study explores factors that motivate firms to increase board independence in the absence of legal requirements to do so. In addition, we examine the impact of voluntary enhancement of board independence on firm performance. Using a sample of listed companies in Taiwan, we show that voluntary appointment of independent directors is associated with both economic factors and managerial power. Specifically, we find that board independence increases with the weaknesses of alternative corporate governance mechanisms and the severity of agency problems. However, board independence decreases with managerial ownership and family control. In addition, by employing a simultaneous equations model with selectivity, we provide evidence supporting the positive performance impact of voluntary appointment of independent directors in Taiwan. [source]


Groundwater Banking in Aquifers that Interact With Surface Water: Aquifer Response Functions and Double-Entry Accounting,

JOURNAL OF THE AMERICAN WATER RESOURCES ASSOCIATION, Issue 6 2009
Bryce A. Contor
Contor, Bryce A., 2009. Groundwater Banking in Aquifers That Interact With Surface Water: Aquifer Response Functions and Double-Entry Accounting. Journal of the American Water Resources Association (JAWRA) 45(6):1465-1474. Abstract:, Increasing worldwide demands for water call for mechanisms to facilitate storage of seasonal supplies and mechanisms to facilitate reallocation of water. Markets are economically efficient reallocation and incentive mechanisms when market conditions prevail, but special hydrologic and administrative conditions of water use and allocation interfere with required market conditions. Water banking in general can bring market forces to bear on water storage and reallocation, improving economic efficiency and therefore the welfare of society as a whole. Groundwater banking can utilize advantages of aquifers as storage vessels with vast capacity, low construction cost, and protection of stored water. For groundwater banking in aquifers that interact with surface water, an accounting system is needed that addresses the depletion of stored volumes of water as water migrates to surface water. Constructing such a system requires integration of hydrologic, economic, and legal principles with principles of financial accounting. Simple mass-balance accounting, even with allowances for depletion, is not adequate in these aquifers. Aquifer response functions are mathematical descriptions of the impact that aquifer pumping or recharge events have upon hydraulically connected surface water bodies. Double-entry accounting is a financial accounting methodology for tracking asset inventories and ownership claims upon assets. The powerful innovation of linking aquifer response functions with double-entry accounting technologies allows application of groundwater banking to aquifers where deposits can be depleted by migration to hydraulically connected surface water. It honors the hydrologic realities of groundwater/surface water interaction, the legal requirements of prior appropriation water law, and the economic requirements for equitable and efficient allocation of resources. [source]


Why Medical Child Support is Important,and Complex

JUVENILE AND FAMILY COURT JOURNAL, Issue 2 2008
Susan F. Paikin
ABSTRACT Courts resolving child support cases involving separated, divorced, and non-marital children are charged with defining responsibility for health care coverage for the children under that order. This article explores historical and current medical child support requirements under Title IV-D of the Social Security Act,the national child support enforcement ("IV-D") program. It analyzes legal requirements and policy recommendations, and provides a practical tool judges may use to determine whether health care coverage available to either or both parents is appropriate,that is, comprehensive, accessible, and affordable. [source]


The Diffusion of Rights: From Law on the Books to Organizational Rights Practices

LAW & SOCIETY REVIEW, Issue 3 2006
Jeb Barnes
How does law change society? To gain new leverage on this long-standing question, this article draws on two lines of research that often ignore each other: political science research on the mobilization of law, and sociological research on the diffusion of organizational practices. Our insights stem from six case studies of diverse organizations' responses to the accommodation provisions in the Americans with Disabilities Act and related state laws. We found that different modes of exposure to the law combined with organizational attributes to produce distinct "rights practices",styles of standard operating procedures and informal routines that reflect the understanding of legal requirements within an organization. The diversity of the organizational responses challenges simple dichotomies between compliance/noncompliance, change through deterrence/change through norms, and mobilization/nonmobilization, and it underscores the importance of combining political science and sociological perspectives on law and social change. [source]


How to implement the multidisciplinary approach in prostate cancer management: the Belgian model

BJU INTERNATIONAL, Issue 2008
Simon Van Belle
The Belgian oncology care system has been the subject of a major reorganization in recent years. The basis of this reorganization is the obligatory implementation of standardized care programmes in every hospital and the recognition of dedicated oncology specialists. Furthermore, health authorities created the multidisciplinary oncology consultation (MOC), as it was recognized that there was a need to organize and to reimburse the existing multidisciplinary approach. At MOC, a patient's case is discussed and a strategic plan is developed for diagnosis, treatment and follow-up. The conditions that have to be met for reimbursement of this MOC are strictly defined by law and include yearly follow-up meetings. The success of this multidisciplinary approach is partially attributable to legal requirements and reimbursement, but also to the willingness of the medical community to accept the concept that a multidisciplinary approach is the best investment to improve patient outcomes in cancer care. [source]


Global supply chains and social requirements: case studies of labour condition auditing in the People's Republic of China

BUSINESS STRATEGY AND THE ENVIRONMENT, Issue 7 2008
Ketty Kortelainen
Abstract The purpose of this paper is to (1) discuss the usability of labour condition auditing as a tool, (2) identify main differences between quality and environmental auditing and labour condition auditing and (3) define typical improvement areas in a high technology supply chain in the People's Republic of China (hereafter ,China'). The increased interest in labour conditions of global supply chains has driven companies to integrate corporate social responsibility (CSR) into supply chain management (SCM) practices. Companies face legal requirements as well as voluntary social requirements. This paper focuses on the empirical part of labour condition auditing at selected factories during 2003 and 2004. Findings from these audits include non-conformances in health and safety, remuneration, working hours and disciplinary practices. Based on the experiences of the case studies, labour condition auditing is seen as a beneficial tool for inducing continuous improvement in supply chain management, but it requires a new set of skills from the auditors. Copyright © 2008 John Wiley & Sons, Ltd and ERP Environment. [source]


An independent person in action under the Children Act 1989 complaints procedure

CHILDREN & SOCIETY, Issue 4 2001
Gillian Bridge
Under Section 26 (4) of the Children Act 1989, local authorities are obliged to appoint independent people to participate in investigations at stage two of the complaints procedure. The nature of their role and tasks were ill defined by the Department of Health Guidance (1991), and hitherto there has been little research in this area. Using the author's experiences, this discussion paper examines some of the dilemmas of undertaking this role, and raises questions about how independent people are meeting legal requirements. From the material discussed here, it appears that the system of including independent people in complaints' investigations is not meeting the intended objectives of ensuring that complaints by young people themselves benefit from impartial scrutiny. Instead, independent people are mainly engaged with investigating officers in unravelling complex situations, many with long histories of serious breakdowns in communication between parents, carers and local authority children's services. In the light of these findings, the Department of Health's recent consultation paper, Listening to People is welcome, although rather disappointing in restricting its attention largely to procedural issues. In this paper the author promotes greater attention to the growing expertise of independent people currently investigating complaints. Additionally it is recommended that a more accessible means for young people to complain should be devised. Copyright © 2001 John Wiley & Sons, Ltd. [source]