Industry-Sponsored Medical Education — In the Quest for Professional Integrity and Legal Certainty

2007 ◽  
Vol 14 (4) ◽  
pp. 313-319
Author(s):  
Benedikt Buchner
Keyword(s):  
Medical Education ◽  
Self Regulation ◽  
State Regulation ◽  
General Question ◽  
Legal Certainty ◽  
European Directive ◽  
Starting Point ◽  
Good Starting Point ◽  
Advertising Law ◽  
The Right

AbstractIndustry-sponsored medical education is a much disputed issue. So far, there has been no regulatory framework which provides clear and definite rules as to whether and under what circumstances the sponsorship of medical education is acceptable. State regulation does not exist, or confines itself to a very general principle. Professional regulation, even though applied frequently, is rather vague and indefinite, raising the general question as to whether self-regulation is the right approach at all. Certainly, self-regulation by industry cannot and should not replace other regulatory approaches. Ultimately, advertising law in general and the European Directive 2001/83/EC specifically, might be a good starting point in providing legal certainty and ensuring the independence of medical education. Swiss advertising law illustrates how the principles of the European Directive could be implemented clearly and unambiguously.

scholarly journals HISTORICAL AND LEGAL CHARACTERISTICS OF THE DEVELOPMENT OF LEGISLATION ON SELF-REGULATORY ORGANIZATIONS

2020 ◽  
pp. 7-15
Author(s):  
L.M. Parente
Keyword(s):  
Public Relations ◽  
Self Regulation ◽  
State Level ◽  
State Regulation ◽  
The State ◽  
Professional Activity ◽  
Public Authorities ◽  
Business Entities ◽  
The Right ◽  
Delegation Of Powers

The article examines the historical and legal preconditions for the formation of self-regulation in Ukraine and other countries. On the basis of the conducted research, the peculiarities of the development of self-regulation in the territory of Ukraine in different historical periods are determined. The preconditions for the formation of the institution of self-regulation in the field of management and professional activity are described. It is determined that self-regulation has been inherent in society since the beginning of the primary forms of the common cause. The primary forms of SROs developed rules of professional activity, performed the functions of control and supervision due to the vacuum of state regulation in such areas. The peculiarity of such organizations was certain legalization by the state. Such SROs regulated their own activities at the level of development and adoption of local acts. A feature of national self-regulation was the transition from voluntary to compulsory regulation. to distinguish three periods of development of legislative support in the field of self-regulation. Declarative (from 1991 to 1996): this period is characterized by the formal consolidation at the legislative level of the right of participants in public relations to create an SRO. However, the status of SROs was practically not regulated at the legislative level. At the state level, there was no strategy for the development of self-regulation in the field of management and professional activities. Institutional (from 1996 to 2016): during this period the system of delegation of powers from public authorities of the SRO, the system of legalization of the SRO is introduced. However, the rules on SROs are still chaotic, there is no clear mechanism for control and supervision of SRO activities by public authorities, the concept of participation in SROs as business entities and persons of certain professions is not defined. In a number of areas, despite the consolidation of the right to create SROs at the level of laws, SROs have not worked. Reformation (from 2016 to the present): characterized by the development at the legislative level of the Concept of reforming the institution of self-regulation, which outlines the problematic issues of the institution of self-regulation in Ukraine, identifies areas for improvement. Keywords: self-regulation, a self-regulatory organization, the sphere of management, professional activity, a delegation of powers.

Epistemic friction, affect and learning to know patients well: setting new norms for medical education

2017 ◽  
Vol 5 (1) ◽  
pp. 53
Author(s):  
Nancy Nyquist Potter
Keyword(s):  
Medical Education ◽  
Minority Groups ◽  
Ethical Challenges ◽  
Starting Point ◽  
Positive Argument ◽  
Centered Care ◽  
Everyday Realities ◽  
The Right ◽  
Trust In Physicians ◽  
The Relationship

Medical education takes seriously the centrality of treating the person and not just the illness. This paper engages with previous work on epistemic and ethical challenges to person-centered care. The aim of the paper is to identify some missing components that medical education must focus on if it wants to inculcate proper epistemic, ethical and affective skills in treating patients well. The argument has four parts: after introducing the problem and providing a background for this paper, I explain the relationship between objectivity and trust. In section II, I inquire into the conditions under which trust in physicians and in the medical establishment can be fostered. I explain the everyday realities of social situatedness that, I argue, must be taken into consideration in order to foster the right kind of objectivity and trust in medical fields. Section III builds on the previous sections by addressing problems of silencing that are systematic and harmful, especially to people from marginalized and minority groups. I draw on Kristie Dotson’s work of testimonial quieting and testimonial smothering in this section and apply it to patients in order to show how important it is to good doctoring practices that physicians learn to develop skills and virtues that address the epistemic problems this essay identifies. Section IV develops the main positive argument. Drawing upon Medina’s account of epistemic vices and virtues that are socially situated and systemically reproduced, I show what a thick notion of epistemic and ethical responsibility would look like. In particular, I argue that physicians need to know how to engage with, rather than remain detached from, epistemic friction in their encounters with patients and that such engagement requires affective sensibilities as well as epistemic and ethical ones. Coming full circle, I return to the starting point of the relationship between objectivity and trustworthiness and argue that struggles to develop a thick notion of physician responsibility in oneself simultaneously is epistemic, ethical, affective, social and political.

scholarly journals El derecho premial civil de las comunidades autónomas: análisis de los reglamentos de honores y distinciones vigentes / The autonomous communities premier civil law: analysis of honors and distinctions in force´s regulations

2017 ◽  
Vol 4 (6) ◽  
pp. 49
Author(s):  
Mª del Carmen Portugal Bueno
Keyword(s):  
Self Regulation ◽  
Civil Law ◽  
The State ◽  
Primary Sources ◽  
Complex Situation ◽  
Autonomous Communities ◽  
Normative Framework ◽  
Starting Point ◽  
The Future ◽  
The Right

La Investigación y análisis del derecho premial civil en las comunidades autónomas nos ha proporcionado una visión de la realidad actual del protocolo referente a los honores y distinciones.El estudio de las diecisiete entidades locales, tanto de su gobierno como de su parlamento, ha dibujado un marco normativo que se inicia en el año 1981 y finaliza en el 2015. Se trata de un conjunto de leyes, decretos y resoluciones que viene provocado por, según Francisco García-Mercadal, «una irreflexiva incontinencia normativa, a una desenfrenada carrera por innovar en estos asuntos ceremoniales y protocolarios, invocando el derecho de autorregulación y so pretexto de que no se trata de competencias privativas del Estado», (García-Mercadal y garcía-loygorri, 2016: 2).A pesar de esta situación compleja, la investigación de las fuentes primarias nos ha llevado a descubrir unas características comunes que se producen en los honores y distinciones de las comunidades autónomas. Y a su vez, hemos descubierto que existen otras distinciones de carácter exclusivo y singular de las entidades locales en cuestión, tanto en sus gobiernos como parlamentos, y que responden a la identidad y tradición del territorio.En este trabajo vamos a dar a conocer las similitudes existentes en los reglamentos de honores y distinciones de las comunidades autónomas, considerándolas como punto de partida y de base de este tipo de reglamento, y para que sirva como precedente a la redacción de futuros reglamentos.____________________________The civil premier law´s research and analysis in the autonomous communities has provided us with a vision of protocol concerning honors and distinctions´current reality.The study of the seventeen local entities, both of its government and of its parliament, has drawn up a normative framework that begins in 1981 and ends in 2015. It is a set of laws, decrees and resolutions that is caused by , According to Francisco García-Mercadal, «an unreflective normative incontinence, an unbridled race to innovate in these ceremonial and protocolary matters, invoking the right of self-regulation and on the pretext that it is not a privative powers of the State´matter» (Garcia-Mercadal y garcía-loygorri , 2016: 2).In spite of this complex situation, the primary sources´investigation has led us to discover some common characteristics that occur in the autonomous communities´ honors and distinctions. And in turn, we have discovered that there are other distinctions of an exclusive and unique local entities´character in question, both in their governments and parliaments, and that they respond to the identity and territory´s tradition.In this paper we are going to make known the similarities existing in the autonomous communities´ regulations of honor and distinctions, considering them as starting point and base of this type of regulation, and to serve as a precedent for the future regulations´drafting.

scholarly journals APPLICATION OF THE ANALYTIC HIERARCHY (AHP) PROCESS FOR EVALUATING STUDENT REPRESENTATIVE COMMITTEE (SRC) LEADERSHIP CRITERIA

2020 ◽  
Vol 5 (2) ◽  
pp. 208-213
Author(s):  
Nurashikin Saaludin ◽  
Mohd Hafizul Ismail ◽  
Ira Syazwani Zainal Abidin ◽  
Basyirah Che Mat
Keyword(s):  
Good Governance ◽  
Selection Process ◽  
Value Added ◽  
Analytic Hierarchy ◽  
Leadership Skill ◽  
Starting Point ◽  
Team Player ◽  
Good Starting Point ◽  
The Right ◽  
Learning Institutions

Higher learning institutions play an important role in producing future talents as it does not only equip the students with knowledge but also inculcates value-added skills such as leadership skill. The skills are needed to prepare themselves for the overcoming challenge after graduated.  The involvement as a Student Representative Committee (SRC) is a good starting point for producing future leader as students get involved in various activities and decision-making process. The SRC is responsible for representing the voice of students community, especially related to the academic, welfare and co-curricular activities. Thus, the right selection of the SRC candidates is crucial as it will reflect universities’ good governance. This study wishes to gather the perceptions of students community towards SRC leadership criteria and look into the dominant criteria through the Analytic Hierarchy Process (AHP) method. The study was conducted at Universiti Kuala Lumpur. The results revealed that the students community hope for the SRC members who have leadership talents such as good in Communication, Well-organised, Passionate, Creative, Commitment, Team-player and Visionary. By using AHP, Commitment, Passionate and Well-organised contributed to the highest weightage that indicated such criteria are important to be considered in the SRC selection process.

JUAL BELI TANAH YANG DILAKUKAN TANPA AKTA PPAT

2018 ◽  
Vol 4 (1) ◽  
pp. 89-107
Author(s):  
Cheri Bayuni Budjang
Keyword(s):  
Everyday Life ◽  
Government Regulation ◽  
Land Rights ◽  
The Other ◽  
Legal Certainty ◽  
Land Registration ◽  
The Future ◽  
The Right ◽  
Laws And Regulations

Buying and selling is a way to transfer land rights according to the provisions in Article 37 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land Registration which must include the deed of the Land Deed Making Official to register the right of land rights (behind the name) to the Land Office to create legal certainty and minimize the risks that occur in the future. However, in everyday life there is still a lot of buying and selling land that is not based on the laws and regulations that apply, namely only by using receipts and trust in each other. This is certainly very detrimental to both parties in the transfer of rights (behind the name), especially if the other party is not known to exist like the Case in Decision Number 42 / Pdt.G / 2010 / PN.Mtp

Vegetation structure of tundra and taiga on the map of the natural vegetation of Europe

2007 ◽  
pp. 13-22 ◽  
Author(s):  
T. K. Yurkovskaya
Keyword(s):  
Vegetation Cover ◽  
Abiotic Factors ◽  
Self Regulation ◽  
Space Structure ◽  
Middle Taiga ◽  
Russian Plain ◽  
Forest Communities ◽  
The North ◽  
Tundra Vegetation ◽  
Starting Point

I have focused only on some features of structure in the taiga vegetation cover. In conclusion I would like to tell some words about the causes of complicated space structure of the taiga and tundra vegetation cover. The causes of latitudinal differentiation are climatic undoubtedly, but heterogeneity of vegetation cover within the limits of tundra and taiga subzones is accounted for different factors. In tundra abiogenic factors prevail, first of all the permafrost processes. That is the reason why tundra vegetation cover is so sensible to any disturbances and so hard regenerates after various transformations. In taiga the space structure is mostly the result of self-regulation and self- restoration of biota. The abiotic factors, certainly, play significant role, but they recede to the second plan. So we showed that in the north and middle taiga the structure of vegetation cover, during the Holocene up to present time, is determined in many respects by the increasing role of mires. Suffice it to look at the map of distribution of mires in order to estimate their role in vegetation cover of the easteuropean taiga (Yurkovskaya, 1980). So, the increase of mire area on the Russian Plain in m2/year per 1000 ha varies between 200 and 700, the average increas is ca 300—400 m2/year (Elina et all., 2000). The mires favour peniplenization and unite the separate areas of forest communities into the whole by means of forming the buffer paludificated territories (various hydrophilous variants of forest communities). But if mires, at all their stability, after destroying practically don't restore, the forests even after continuous cuttings restore their structure and composition through the series of successional stages unless an ecotope is damaged completely. Hence the space structure of taiga is the result, first of all, self development and self regulation of its vegetation cover. But, as it is known, at present time the process of destruction of natural biota has gone too far that the question arises not only about supporting its state and structure but also about the survival of the mankind itself. In this regard the vegetation map of Europe is the invaluable basis, which gives the starting point for all conservational, ecological and economical measures. But it is important to learn reading and using the map. And this is one of our actual goals.

PRINCIPLES OF STATE REGULATION OF THE ACTIVITIES OF BODIES OF THE STATE EXECUTIVE SERVICE AND PRIVATE EXECUTORS

2018 ◽  
Vol 1 (13) ◽  
pp. 69-77
Author(s):  
Mariіa Konstantinovna Kulava
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Social Relations ◽  
State Regulation ◽  
Court Decisions ◽  
Regulatory Requirements ◽  
The Rule Of Law ◽  
State Administration ◽  
Executive System ◽  
The Right

Within the presented article, taking into account already existing achievements of scientists, the concept, the main features of the principles of state administration of the executive system of Ukraine are defined. The principles of activity of executive bodies bodies according to the current legislation of Ukraine are determined. A brief description of the principles is presented, namely: the rule of law, legality, compulsory, independence, justice, impartiality and objectivity, discretion, transparency and openness of executive proceedings and its fixation by technical means, the reasonableness of the time limits for enforcement proceedings, the proportionality of enforcement measures and the amount of claims for decisions, the right to appeal decisions, actions or omissions of state executives, private performers. It is established that in general the principles of executive proceedings in the investigated normative acts are duplicated, in addition to the principles of independence and the right to appeal decisions, actions or inaction of state executives, private performers. The actual vision of the principles of public administration of the executive system of Ukraine is determined. The opinion on the need to supplement the list of principles with the following: the principle of equal competition between state and private performers through the balance between them; the principle of responsibility of the executive system bodies, their officials and private executors for damage caused as a result of violations of regulatory requirements; the principle of introducing effective incentives for voluntary implementation of decisions; the principle of professionalism and competence. Also, within the submitted article, it is stated that the use of the terms “principles” and “principles” in the Laws of Ukraine “On Bodies and Officials Performing Enforcement of Court Decisions and Decisions of Other Bodies”, “On Enforcement Proceedings”, which are adopted simultaneously and regulated, are unjustified, identical social relations.

CYBERCHONDRIA INFORMATION CLINIC: Internet's Impact on your Health (Preprint)

2019 ◽  
Author(s):  
Valentina Escotet Espinoza
Keyword(s):  
Human Life ◽  
Brain Regions ◽  
Physical Symptoms ◽  
Digital Design ◽  
Somatization Disorder ◽  
The Internet ◽  
Cultural Aspects ◽  
Starting Point ◽  
The Right ◽  
The Relationship

UNSTRUCTURED Over half of Americans report looking up health-related questions on the internet, including questions regarding their own ailments. The internet, in its vastness of information, provides a platform for patients to understand how to seek help and understand their condition. In most cases, this search for knowledge serves as a starting point to gather evidence that leads to a doctor’s appointment. However, in some cases, the person looking for information ends up tangled in an information web that perpetuates anxiety and further searches, without leading to a doctor’s appointment. The Internet can provide helpful and useful information; however, it can also be a tool for self-misdiagnosis. Said person craves the instant gratification the Internet provides when ‘googling’ – something one does not receive when having to wait for a doctor’s appointment or test results. Nevertheless, the Internet gives that instant response we demand in those moments of desperation. Cyberchondria, a term that has entered the medical lexicon in the 21st century after the advent of the internet, refers to the unfounded escalation of people’s concerns about their symptomatology based on search results and literature online. ‘Cyberchondriacs’ experience mistrust of medical experts, compulsion, reassurance seeking, and excessiveness. Their excessive online research about health can also be associated with unnecessary medical expenses, which primarily arise from anxiety, increased psychological distress, and worry. This vicious cycle of searching information and trying to explain current ailments derives into a quest for associating symptoms to diseases and further experiencing the other symptoms of said disease. This psychiatric disorder, known as somatization, was first introduced to the DSM-III in the 1980s. Somatization is a psycho-biological disorder where physical symptoms occur without any palpable organic cause. It is a disorder that has been renamed, discounted, and misdiagnosed from the beginning of the DSMs. Somatization triggers span many mental, emotional, and cultural aspects of human life. Our environment and social experiences can lay the blueprint for disorders to develop over time; an idea that is widely accepted for underlying psychiatric disorders such as depression and anxiety. The research is going in the right direction by exploring brain regions but needs to be expanded on from a sociocultural perspective. In this work, we explore the relationship between somatization disorder and the condition known as cyberchondria. First, we provide a background on each of the disorders, including their history and psychological perspective. Second, we proceed to explain the relationship between the two disorders, followed by a discussion on how this relationship has been studied in the scientific literature. Thirdly, we explain the problem that the relationship between these two disorders creates in society. Lastly, we propose a set of intervention aids and helpful resource prototypes that aim at resolving the problem. The proposed solutions ranged from a site-specific clinic teaching about cyberchondria to a digital design-coded chrome extension available to the public.

Self-Regulation and Human Progress

2018 ◽  
Author(s):  
Evan Osborne
Keyword(s):  
Scientific Method ◽  
Mutual Influence ◽  
Free Market ◽  
Self Regulation ◽  
Free Expression ◽  
Trial And Error ◽  
Human History ◽  
Economic Context ◽  
The Right ◽  
First Time

Does humanity progress primarily through leaders organizing and directing followers, or through trial and error by individuals free to chart their own path? For most of human history ruling classes had the capacity and the desire to tightly regiment society, to the general detriment of progress. But beginning in the 1500s, Europeans developed a series of arguments for simply leaving well enough alone. First in the form of the scientific method, then in the form of free expression, and finally in the form of the continuously, spontaneously reordered free market, people began to accept that progress is hard, and requires that an immense number of mistakes be tolerated so that we may learn from them. This book tells the story of the development of these three ideas, and for the first time tells of the mutual influence among them. It outlines the rise, and dramatic triumph, of each of these self-regulating systems, followed by a surprising rise in skepticism, especially in the economic context. Such skepticism in the 20th century was frequently costly and sometimes catastrophic. Under the right conditions, which are more frequent than generally believed, self-regulating systems in which participants organize themselves are superior. We should accept their turbulence in exchange for the immense progress they generate.

When Does a Right to Life Arise?

2019 ◽  
pp. 47-64
Author(s):  
Lynn D. Wardle
Keyword(s):  
Severe Disabilities ◽  
State Regulation ◽  
Biological Science ◽  
Human Being ◽  
Right To Life ◽  
Legal Rules ◽  
Frozen Embryos ◽  
The Right ◽  
Legal Right

The question of when a legal right to life first arises in the course of a human being’s development is pertinent to a variety of contexts, including protection of prenatal life from injury by persons other than the gestational mother, what to do with frozen embryos when the couple who created them divorces, and how to treat children born with severe disabilities, as well as the more familiar context of state regulation, restriction, or prohibition of abortion. This chapter first summarizes social and biological science findings relevant to this question, then details development of legal rules and constitutional doctrine pertaining to abortion regulation before contrasting that with protections for prenatal life in other contexts. It concludes that the most coherent answer to the question when a right to life arises is that the right to life is coextensive with the biological life of the human being, and that a legal right to remain alive arises when a human being comes into existence and continues until it ceases to be a human being—that is, when its life has ended. This might provide justification for greater restrictions on abortion, but that could depend on additional considerations.

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