Special report on patient care. The new federal patient-dumping regulations: some commonly asked questions and answers

Until both providers and government surveyors become more familiar with the new EMTALA regulations, there will be an uncomfortable period of adjustment, and perhaps some turmoil as well, particularly regarding the new requirement that facilities who receive suspicious transfers report those transfers to HCFA. Providers should carefully examine their internal policies on discharge and transfer of emergency patients to assure that those policies are consistent with the new regulations. Particular attention should be given to inservice training for medical and support personnel in the emergency department, because they must precisely comply with the law and their errors can subject the hospital to costly investigations and potential fines of $50,000 for each violation.     

In-Service training: Outside looking in

This paper describes and explores prominent issues pertaining to in-service training of law enforcement personnel. The overall situation in in-service training is examined, with special coverage being given to state mandates, availability and expense, the nature of programs, and the potential role of non law enforcement personnel in providing in-service training. Some possible solutions to current problems are discussed and general conclusions are offered.     

Criminal Justice Education and Training in North Carolina: History and Development from 1920 to 1980

This paper examines and analyzes primary and secondary data relative to the history and development of criminal justice education and training in North Carolina for six decades. Emphasis is focused on the early attempts to provide education and training for criminal justice personnel from 1920 to 1940, the expansion and improvement in criminal justice education and training from 1940 to 1960, and the establishment of criminal justice education and training programs in two-year community colleges and technical institutes and four-year senior public and private postsecondary education institutions from 1960 to 1980. In addition to discussing the similarities and differences in the methods utilized by institutions to establish criminal justice education and training programs, this paper discusses the curricula, course offerings, and characteristics of the faculties, as well as internal and external conditions, forces, and factors that influenced the history and development of education and training programs for criminal justice personnel. As a result of the impact of these and various influences from within police departments and individual institutions, educational and governmental state agencies, and from demands and needs of criminal justice personnel and society for better protection and safety, criminal justice education and training programs were in force at 15 two-year community colleges, 30 two-year technical institutes, 10 four-year senior, public institutions, and eight four-year, senior, private institutions in North Carolina in 1978.     

Implementation of the Americans with Disabilities Act in State Police and Highway Patrol Agencies: Results of a National Survey

This article provides an empirical analysis of Americans with Disabilities Act (ADA) implementation within the law enforcement profession. Specifically, the study reports results from a national survey of state police/highway patrol agencies regarding practical implementation of the ADA. The data is analyzed in terms of population size and collective bargaining status. Results of this endeavor indicate that implementation of the ADA within law enforcement is difficult, especially as applied to the work of sworn personnel. These challenges are somewhat diminished when applied to non-sworn personnel such as dispatchers, administrators, and clerical personnel. The most substantial obstacles to implementation of the ADA within law enforcement is not associated with political officials or administrators. Instead, most arise from the lack of training and vague legislative language and regulatory standards. Smaller states and those without collective bargaining report lower levels of accommodation; however, there are few statistically significant differences in terms of population and collective bargaining.     

Organization and environment: The case of correctional personnel training programs

An intensive field study of 17 correctional personnel training programs was conducted to assess the organization-environment context in which these programs emerged and operated. Content analysis of site visit data revealed that correctional training programs less often served specific organization goal achievement purposes, and more often served as general strategies for coping with external environmental demands and pressures. A theoretical framework for examining organization-environment relations is described, and then used to analyze correctional training programs as a boundary-spanning activity that relates correctional organizations to environmental conditions. Organizational responses to environmental demands are placed along a continuum of adjustment ranging from survival, to adaptation, and innovation. Organizational responses to environmental demands, in turn, are related to training patterns that dovetail with the major needs of organizations and their personnel in efforts to adjust to the environment.     

Reforming the police system under the Fox Government

Mexico must organize its publicsecurity system around all levels ofgovernment: federal, state and municipal. The justice system must optimize resources,professionalize the training of personnel,and promote community prevention of crime. The National Development Plan prioritizespublic security for citizens, the pursuitof justice, the fight against impunity andcorruption, and the protection of humanrights.     

Prescriptions; dispensing controlled substances in institutional practitioner emergency rooms--Drug Enforcement Administration, Justice. Withdrawal of proposed rule

A Notice of Proposed Rulemaking published on September 17, 1982, would have amended Part 1306 of Title 21 of the Code of Federal Regulations to permit hospital emergency room personnel to dispense controlled substances to nonpatients when alternate pharmacy services were not available. This proposed action was initiated in response to requests from various state agencies and hospitals. After assessing the comments and objections to the proposal, the Drug Enforcement Administration (DEA) has determined that the need for the proposed rule change has not been established at this time and the proposal is therefore withdrawn for further study.     

The Indeterminacy of an Emergency: Challenges to Criminal Jurisdiction in Constitutional Democracy

In this contribution I address the type of emergency that threatens a state’s monopoly of violence, meaning that the state’s competence to provide citizens with elementary security is challenged. The question is, whether actions taken by the state to ward off these threats (should) fall within the ambit of the criminal law. A central problem is the indeterminacy that is inherent in the state of emergency, implicating that adequate measures as well as constitutional constraints to be imposed on such measures cannot easily be determined in advance. This indeterminacy raises two interrelated issues. Firstly, the issue of whether it makes sense to speak of criminal jurisdiction when the existing jurisdiction is challenged as such. To what extent does the indeterminacy call for inherently unlimited powers of the state, implying there can be no such thing as criminal jurisdiction during a state of emergency? Second—if criminal jurisdiction is not in contradiction with the state of emergency—the issue of what criminal liability could mean in such a state needs to be confronted. To what extent does the indeterminacy inherent in the state of emergency jeopardise criminal liability because such indeterminacy engenders severe legal uncertainty regarding the standards against which the relevant actions are to be judged? Both issues will be discussed from the perspective of constitutional democracy, assuming that what is at stake in times of emergency is both the competence to sustain the monopoly of violence and the possibility to constrain the powers of the state.     

紧急状态的宪法实施机制与完善路径

我国宪法紧急状态确立了立法机关保留、法律优先原则、要式职权行为、比例原则等法定实施标准,但在实践中,由于《传染病防治法》等单行立法包含了事实上的紧急状态非常措施,且专门的紧急状态法缺位,导致国家决定和宣布紧急状态面临困难,紧急状态下应当由全国人大常委会另行规定的非常措施缺失,基层实践中出现以应急状态之名行紧急状态之实的争议。完善国家非常状态法治建设,关键是加强紧急状态的宪法实施工作,当前,紧急状态立法应遵循上位法、关系法、平衡法的原则,宜采取一般法与单行法相结合的渐进模式。紧急状态宪法实施需规范行政职权行为,落实全国人大常委会"另行规定"、法律监督、执法检查、答复法律询问等职权。     

吉林省应急管理培训体系建构研究

本文从吉林省的实际情况出发,分析了吉林省开展应急管理培训的重要性与迫切性以及吉林省应急管理培训的现状与存在的问题。在此基础上,提出吉林省应急管理培训体系建构的基本思路,以期为吉林省应急管理培训体系的建立及应急管理培训工作提供参考。     

“紧急状态”、“战争状态”概念及辨析

紧急状态和战争状态是我国法律必须明确却而尚未明确的两个概念。紧急状态是相当程度危险下的一国国内的社会状态 ;依据不同的标准 ,可以对其外延作不同划分。战争状态可以从传统国际法和国内法两个层次上理解。紧急状态和战争状态的关系取决于一国法律对紧急状态的界定和在什么意义上阐述战争状态。     

The biohazard potential of cyanide poisoning during postmortem examination

A case of suicide by ingestion of cyanide salts provided an opportunity to determine whether personnel involved in postmortem examination of such cases are exposed to any significant degree of biohazard from cyanide remaining in body cavities or tissues of the decedent or both. It was found that potentially toxic concentrations of cyanide can develop in personnel so exposed. These findings have implications not only for the safety of pathologists and pathology assistants, but also for first responders (for example, police, firemen, emergency medical technicians [EMTs], paramedics, R.N.s) and emergency room personnel who may be involved in resuscitation efforts or removal of gastric contents or both in cyanide poisoning victims. Symptoms of cyanide toxicity and recommendations for reducing the potential for clinically significant cyanide exposure in medical settings are briefly reviewed.     

Forensic dental training in Australia

To facilitate in the identification of victims of a major disaster a trained dental manpower reserve is required. In the state of New South Wales, Australia, an annual three-day training course has been designed to familiarize dentists from both the public and private sectors with identification techniques. The course is aimed to preserve the flexibility of personnel so that they can be utilized in a variety of roles rather than rigidly structuring the make up of a team. It is envisaged though, that in a mass disaster situation teams would be specialized into dental autopsy, antemortem or comparison roles.     

Public Health Service--Grants for allied health projects. Final rule

These regulations set forth requirements for grants to: (a) Establish regional or State systems to assure that allied health and nursing personnel needs in the area are met by coordinating and managing allied health professions and nursing education and training within and among educational institutions and their clinical affiliates; (b) Establish or improve recruitment, training, and retraining programs for allied health personnel; and (c) Establish career ladders and advancement programs for practicing allied health personnel. These regulations implement section 796 of the Public Health Service Act.     

捕捞渔船安全国际海事立法之观察

国际海事组织在过去几十年一直努力推动捕捞渔船安全国际立法工作。通过对主要的涉渔海事公约以及港口国监督措施,特别是《1993年捕捞渔船安全议定书》和《捕捞渔船船员培训、发证和值班标准国际公约》的探讨,建议中国渔业主管部门、渔业界及行业组织重视国际渔业法研究和普及工作,积极行使国际法权利和履行国际法义务,参照相关海事公约及时修改国内海事安全和渔业法规,依法建立全国统一的渔船和渔船船员登记系统,增强对捕捞渔船现代化和渔船船员培训事业的扶持力度,促进中国海洋渔业的稳健发展。     

Medicare, Medicaid, and CLIA programs; personnel requirements for cytotechnologists--HCFA. Final rule with comment period

This rule amends certain personnel requirements for cytotechnologists that perform testing in laboratories subject to the requirements of the Clinical Laboratory Improvement Amendments of 1988 (CLIA). We are providing an adequate period of time for individuals to gain the necessary 2 years experience performing cytology testing which is currently included in two of the provisions for qualifying as a cytotechnologist. Also, we are extending the time for individuals to either meet the educational qualifications by virtue of completing training in an approved cytotechnology training program or be certified by an approved organization. We are making these changes to prevent the loss of qualified personnel in the field of cytotechnology.     

Note on a Training Program for Brief Decision Making for Frontline Police Officers

Purpose

The present paper describes the theoretical basis for a brief decision-making training program for frontline police officers as well as an outline of the training program, officers’ evaluation of perceived relevance and perceived learning effects.

Design

A between group design was used in order to test for differences in evaluation between officers at different training levels.

Results

High scores were obtained on all four items related to the evaluation (>84% scored in the highest category). When separating the subjects into groups based on their previous training (regular police response personnel vs. SWAT-type personnel), regular police response personnel obtained higher scores on perceived learning. However, both groups showed high scores on perceived learning. Both groups scored high on their evaluation of perceived relevance of the training program and no difference was found between the two groups.

Practical implications

The brief decision making training program that expands ordinary tactical training was highly appreciated by police officers and was seen as complementary to ordinary training.

     

英国法律职业人才培养模式对我国的启示

英国法律职业人才培养模式分为理论、职业、实习和继续职业教育四个阶段,其特点是虽无统一的法律教育体制和司法考试制度,各地区和各法律院校在法律人才培养过程中具有较大的自主性,但同时有相应的机制保证法律职业人才的同质性;法学教育注重法律的实践性和应用技能的培养,法学教育机构和法律职业管理机构在人才培养过程中相互协作,共同发挥作用。英国的法律职业人才培养模式有可供我们学习借鉴的优点和经验。