ADMINISTRATIVE DISCRETION AND INSTRUMENTS OF PUBLIC ADMINISTRATIONS: ADMINISTRATIVE AND LEGAL AND DEONTOLOGICAL DIMENSIONS

The article focuses on the relationship between public administration and legal deontology. Public administration is a renewed form of public administration. The difference is that public administration is a more democratic process of state-authoritative impact on social relations. This democracy is manifested in the forms and methods of managerial activity used. Among the forms and methods of public administration, a softer set of forms is selected – an appropriate combination of legal and non-legal forms, the method of persuasion and coercion. The very activity has an executive and administrative nature. The executive orientation implies the call of public administrations to promote the practical implementation of laws. Orders – to adopt and implement legal acts of administration. Forms and methods together constitute the tools of activity of public administrations. Executive-administrative activity is carried out through appropriate managerial procedures. The basis of activity is administrative discretion. It consists in the possibility at one’s own risk to use forms and methods in their totality depending on the choice of the public administrator himself. This requires its appropriate level of professional training and the necessary level of compliance of the activity of a public administrator with increased moral and ethical parameters. Given the lack of administrative and procedural legislation, it is proposed to consider the use of discretionary powers as permissible with the possibility of expanding their limits within the law. But this is only on condition of introducing into the normative regulation of public administrators’ activity the code of their professional conduct. Such a code should contain an ideal model of professional conduct of public administrators. Conformity of professional conduct of an official of public administration body to the requirements of the code is a prerequisite for the implementation of its social mission. The code of ethics of a public administrator should contain a set of requirements of moral and ethical nature, compliance with which in the activities of the public administrator will contribute to the implementation of constitutional requirements on the social orientation and conditionality of the activities of the state and all its bodies.

Acceptable Level of Professional Conducts from Health Sciences Students Perspective

Professionalism among health care practitioners is a critical value. This study aimed to determine the acceptable level of professional conduct from the perspective of undergraduate Health Sciences students of UiTM Puncak Alam and compare the difference of perspectives between the years of study. From 320 participants, the results showed the low level of acceptance towards poor scenarios and significant differences in perspectives between the year of study in scenarios 2,3 and 6; forging experimental results(χ²=18.66,p<0.01); intellectual dishonesty(χ2=11.11,p=0.01) and forging classmate’s signature(χ2=11.18,p=0.01). The findings provided faculty’s administrators with an acceptable level of professional conduct from the perspective of their students. Keywords: Professionalism, professional conduct, perspective, Health Sciences students eISSN: 2398-4287© 2021. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open access article under the CC BYNC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians/Africans/Arabians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia. DOI: https://doi.org/10.21834/ebpj.v6i18.3077

Considerations for hand hygiene to reduce hospital acquired infections in practice

As veterinary nurses, our role as set out in the professional conduct guidance by the RCVS states that when providing care, veterinary surgeons and veterinary nurses should ‘ensure a hygienic and safe environment’. This means that we should actively contribute to the careful consideration of day-to-day practices within the clinic that safeguard patients to ensure that when they enter they clinics, they are not exposed to increased risk from infection. Understanding the need for good hand hygiene in clinic, along with the appropriate considerations, means that we are able to implement good practice.

The business rescue practitioners’ professionalism: are we there yet?

Purpose and context: The purpose of the study was to explore the construction of professionalism in a multiple professional bodies (MPB) landscape in South Africa (SA) and demonstrate how this construction can be used to enhance a professional accreditation regime. Professional accreditation has become a pre-requisite for business rescue practitioners (BRPs). The Companies and Intellectual Property Commission (CIPC) licensing is linked to multiple professional bodies’ knowledge and practices but are not generic. This study was guided by one key question: How do PBs providing BRPs construct professionalism, and to what extent can the existing construction of professionalism facilitate the development of a professional accreditation regime? Research design and methods: A qualitative research design used required researchers to use four consecutive steps, namely (a) interviewing member services’ managers at four professional bodies (PBs); (b) systematic content analysis of codes of professional conduct and policy statements to identify constituent professionalism notions; (c) a systematic search of the literature to identify notions of professionalism mentioned in definitions and explanations of the construct; and (d) analysis of notions of professionalism using the constant comparison procedure to reveal critical themes. Results: A total of 90 separate notions of professionalism were identified in the 192 scholarly papers included in our study. The identified themes within business rescue practitioner (BRP) professionalism (emphasising relational aspects) point to practitioner dealings with (i) clients (business rescue candidates); (ii) government and others; (iii) the PB; and (iv) oneself to gain the essence of occupation. There is fragmentation between the constructed conceptualisations of professionalism among PBs, leading to an incoherent and inconsistent expert accreditation regime. Practical implications and value: The results from the indicated exploration steps were used to advance a programmatic framework to construct professionalism in an MPB landscape and set a future research agenda. The results also show that business rescue practitioners’ professionalism cannot be attained in a multi-professional body setting with an integrated professional accreditation framework.

Regulation of Triage in Times of a Pandemic: Experiences from Slovenia (and Beyond)

The article offers an overview of legal regulations governing (medical) triage in Slovenia and their importance in times of the Covid-19 epidemic. Focusing on the Patients’ Rights, Health Care and Health Insurance, Medical Services, and Health Services Act, it looks at ways in which legal rules and medical standards intertwine when it comes to deciding who should receive particular limited medical treatment first or in what order. It also deals with ways in which professional rules of conduct or medical standards may, on the one hand, exclude the unlawfulness of particular conduct, and how, on the other hand, law may limit the autonomy of medical practitioners. Both the autonomy in their professional conduct as well as healthcare providers’, but especially professional organizations’ law-making autonomy. Even if grounded in the Slovenian legal order, the present article by nature surpasses its domestic boundaries, since the Covid-19 epidemic created similar issues in several if not in all European jurisdictions. Even more so, since the article addresses several general challenges concerning triage in times or moments of crisis, such as state’s positive obligations, recognition of patients’ private autonomy, medical treatment abroad, ethical deliberations concerning a just distribution of scarce medical services, etc.

The centrality of ethical utterances within professional narratives

This study examines the centrality of ethics within editorials published in the Canadian Institute of Chartered Accountants’ professional journal, CA Magazine, over the 1912 to 2010 period. Starting from the twin assumptions that editorials speak about appropriate professional behavior using a variety of words such as ‘ethics,’ ‘conduct,’ and ‘codes,’ and that appropriate professional behavior is situational, we use topic modeling techniques to identify these dimensions of ethical discourse. We then use social network analysis methods to map the position and centrality of ethics within the editorials across time. The results show that enunciations about appropriate professional conduct are broader than simply enunciations using the word ‘ethics’. The results also highlight that ethical utterances become more central, not less central, over time.