浙江省江山市2005—2008年非法行医行政处罚案例分析

为对非法行医现象和行政处罚情况进行分析,从而为做好非法行医查处工作提出建议。我单位通过对江山市2005-2008年共86起非法行医行政处罚案例,从案由、违法主体类别、处罚情况等进行研究。研究结果显示,86例行政处罚中,以农村和城乡结合部为据点,以未取得《医疗机构执业许可证》擅自执业最多,其次是使用非卫生技术人员从事医疗卫生技术工作：主体类别以个体为主;罚款平均为每件次2994元,处罚额度过低。打击非法行医任务重、难度大,社会关注度高,需要加大执法力度,加强部门联动,加快社区卫生服务能力建设和完善合作医疗制度,强化培训,实行责任追究,建议修改相关法律法规,有效打击非法行医。     

Joining it up? Health and Wellbeing Boards in English Local Governance: Evidence from Clinical Commissioning Groups and Shadow Health and Wellbeing Boards

Statutory responsibility for health care and social care has long been separated between National Health Service (NHS) bodies and local government authorities. Repeated policy attempts to promote service integration through collaboration between such authorities have achieved little. The latest of such policy interventions are the Health and Wellbeing Boards (HWBs) established by the 2012 Health and Social Care Act (HSCA) alongside a range of other organisational innovations, including Clinical Commissioning Groups (CCGs). These organisations await full legal and operational status but have begun to develop structures and processes. HWBs are intended to lead the integrated assessment of local needs to inform both NHS health and local authority social care commissioners. We undertook detailed qualitative case studies in eight CCGs during 2011–2012 and here report observational and interview data related to CCGs’ perspectives and observations of early HWB developments. We found that developing HWBs vary greatly in their structure and approach, but we also identified a number of significant issues that are familiar from earlier research into health and social care integration. These include heavy dependence on voluntary agreements to align the strategic plans of the many different new statutory bodies; a significant role for mundane organisational processes in determining the extent of effective co-operation; and problems arising from factors such as size and the arrangements of local boundaries.     

Protect Our Children: Vaccination Exemptions Can Establish Child Abuse and Neglect

The need to protect public health has increased as the anti‐vaccine movement is on the rise. Exemptions to vaccination requirements have become more lax, and parents find ways to avoid vaccinating their children, thereby exposing not only their children to the dangers of serious diseases, but other children as well. This Note proposes a federal statute mandating that parents subject their children between the ages of infancy and 6 to acquire vaccinations for all diseases recommended by the Centers for Disease Control and Prevention unless a licensed physician recommends otherwise.     

The nearest relative in the Mental Health Act 2007: still an illusionary and inconsistent safeguard?

Abstract

The role of nearest relative (NR) is intended as a safeguard in the Mental Health Act 1983 (as amended in 2007) to curb the excesses of professional discretion and protect patients from unwarranted compulsory hospitalisation. It is unique to the mental health compulsory detention process in England and Wales. There are, however, evident tensions in the role and a lack of clarity surrounding the precise functions of the NR. There is also some uncertainty and confusion among practitioners about the scope of the NR involvement, and government plans announced recently to review mental health legislation will include a focus on the role of family and carers in the care of detained patients. Despite long-standing concerns about the role, there is remarkably little published research available to date on its use and effectiveness, in so far as evaluating the extent to which it provides an adequate safeguard for patients, as intended by the legislation. This article will briefly explore the background to the role, highlight some of the difficulties and tensions within it and conclude with some observations about where further research and reform may be needed to provide greater protection and clarity for patients, relatives and health and social care practitioners.     

试论机动车第三者责任强制保险的防灾防损功能

一般认为,机动车第三者责任强制保险(以下简称强制三责险)乃是加强被保险人的赔偿能力,进而赔偿交通事故受害者损失的事后补偿机制。但却常常忽略该制度在积极预防和减少交通事故及损失方面所具有的独特功能。事实证明,导致交通事故最主要的原因是交通行为参与人的过失因素,因此促进人们交通行为的谨慎与规范是改变我国道路交通安全状况的根本出路。鉴于人“趋利”的本性,强制三责险可以通过合理设置责任限额,实行弹性费率等手段,利用经济杠杆有力地推动当事人规范其交通行为,进而保障交通安全。     

传染病控制与国际法

全球化时代控制传染病这一公共健康问题必须进行国际合作才能解决。WTO及其SPS协议在控制通过国际货物贸易传染疾病方面有一些法律机制。国际卫生条例(IHR)是约束WHO成员国防止传染病蔓延的主要国际法律机制。世界卫生组织针对传染病的新形势,对国际卫生条例进行了修改,其修改集中于:(1)扩大各国报告义务范围;(2)加强对非官方信息的依赖;(3)各国出现紧急状态时,WHO采取什么控制方式、建议还是其他;(4)争端解决方式。此外,还有信息、媒体、人权等其他一些法律问题。     

乡村振兴背景下欠发达地区健康治理效能提升研究——以山西促进社会办医参与健康治理为视角

以促进社会办医参与推进健康治理,对我国欠发达地区实现乡村振兴具有重要的实践意义,其逻辑需求蕴含于新时代健康目标、健康返贫风险性及现实新机遇中.基于健康治理分析框架和对山西相关调研,可以发现在促进社会办医参与健康治理中,目前存在影响制约健康治理效能的多重因素,包括经营管理目标理念失当、参与机会空间难以拓展、人才短缺限制自...     

Gender,money and professional identity: medical social work and the coming of the British National Health Service

The arrival of the British National Health Service (NHS) in 1948 heralded significant changes for all health workers, but the establishment of a ‘free’ health service was especially meaningful for the hospital almoners—or medical social workers, as they were starting to be known—who had previously been responsible for the assessment and collection of patient payments. It was on this basis they had gained a foothold in the hospital, capitalising on gendered assumptions of financial understanding and behaviour. Yet what might have caused an identity crisis was embraced. This was a dual strategy of both repositioning the profession in alignment with the planned NHS and of asserting an enhanced professional status by distancing themselves from the handling of payment. It was an episode in the history of this distinctly female profession that speaks to women’s historic relationship with money.     

Regional psychiatric boards in Israel: expectations and realities

As laid down by Israeli legislation, the Regional Psychiatric Board constitutes one of the chief instruments in the monitoring of compulsory hospitalization, of compulsory outpatient treatment and of the quality of all inpatient care of the mentally ill. This article presents the findings of a study into the working of these boards. Taking a sample of every second application (N=168) over a 6-month period to one of Israel's six existing Regional Psychiatric Boards, an examination was made of the decisions issued by the board and of other aspects of its functioning. Explanations for the findings of this analysis are suggested, and generalizing from these findings, recommendations are offered for the improvement of the future functioning of all six Boards.