This document summarizes the key differences and relationships between the Mental Health Act and the Mental Capacity Act in England and Wales. It discusses how either statute could be used when detention is necessary for someone who lacks capacity. While the MCA aims to respect individual autonomy, there are concerns about safeguards for treatment and deprivation of liberty. The relationship between the acts raises difficult decisions, and a single unified framework may be needed to avoid discrimination and comply with the UN Convention on the Rights of Persons with Disabilities.
The Affordable Care Act Upheld: Now What for Our Clients?Rob Pohls
On June 28, 2012, the Supreme Court issued its decision in a trio of cases which challenged the constitutionality of certain provisions in the Affordable Care Act. Ultimately, a majority of the justices concluded that the Act’s “individual mandate” was not authorized by the Commerce Clause. U.S. Const. Art. I, §8, cl. 3. At the same time, though, a different majority of the justices concluded that the provision was within Congress’ power to “lay and collect taxes.” U.S. Const. Art. I, §8, cl. 1. The Affordable Care Act therefore has survived its primary constitutional challenges to date. To be sure, the public remains divided in its support for the legislation, and the national election in November 2012 is likely to spark further debate about whether to expand, contract or otherwise substantively change the Affordable Care Act. In the meantime, the Affordable Care Act still promises to have a profound impact on health insurers, employers and virtually every American citizen. An understanding of the Affordable Care Act’s main provisions and the key changes for which they call therefore is essential to the advice we can provide to our clients.
The Affordable Care Act Upheld: Now What for Our Clients?Rob Pohls
On June 28, 2012, the Supreme Court issued its decision in a trio of cases which challenged the constitutionality of certain provisions in the Affordable Care Act. Ultimately, a majority of the justices concluded that the Act’s “individual mandate” was not authorized by the Commerce Clause. U.S. Const. Art. I, §8, cl. 3. At the same time, though, a different majority of the justices concluded that the provision was within Congress’ power to “lay and collect taxes.” U.S. Const. Art. I, §8, cl. 1. The Affordable Care Act therefore has survived its primary constitutional challenges to date. To be sure, the public remains divided in its support for the legislation, and the national election in November 2012 is likely to spark further debate about whether to expand, contract or otherwise substantively change the Affordable Care Act. In the meantime, the Affordable Care Act still promises to have a profound impact on health insurers, employers and virtually every American citizen. An understanding of the Affordable Care Act’s main provisions and the key changes for which they call therefore is essential to the advice we can provide to our clients.
Alison Graham-Well's presentation for the Exchange Chambers Annual Local Government and Social Landlord Conference, Liverpool Town Hall 4 November 2014
The Court of Protection - A User's Guide by Alison Graham-WellsAlison Graham-Wells
The slides of Alison Graham-Wells's presentation delivered at the Exchange Chambers Annual Local Government & Social Housing Conference.
All rights reserved - for personal private use only
Chapter 22 THE LAW AND TALENT MANAGEMENTWayne F. Cascio, HEstelaJeffery653
Chapter 2
2 THE LAW AND TALENT MANAGEMENT
Wayne F. Cascio, Herman Aguinis
Learning Goals
By the end of this chapter, you will be able to do the following:
· 2.1 Describe the framework of the U.S. legal system
· 2.2 Describe alternative legal routes for complaints against an employer’s employment practices
· 2.3 Explain the two major legal theories of unfair employment discrimination
· 2.4 Understand the major legal principles that define key civil rights laws
· 2.5 Identify the six exemptions to Title VII coverage
· 2.6 Define sexual harassment and identify preventive steps employers should take
· 2.7 Know when you can and cannot justify “English-only” rules in the workplace
· 2.8 Understand how to prevent age-discrimination claims when downsizing or terminating workers for cause
Comprehensive employment-related legislation, combined with increased motivation on the part of individuals to rectify unfair employment practices, makes the legal aspects of employment among the most dominant issues in human resource management today. All three branches of the federal government have been actively involved in ongoing efforts to guarantee equal employment opportunity (EEO) as a fundamental individual right, regardless of race, color, age, gender, religion, national origin, or disability.
All aspects of the employment relationship, including initial screening, recruitment, selection, placement, compensation, training, promotion, and performance management, have been addressed by legislative and executive pronouncements and by legal interpretations from the courts. With growing regularity, I/O psychologists and HR professionals are being called on to work with attorneys, the courts, and federal regulatory agencies. It is imperative, therefore, to understand thoroughly the rights as well as obligations of individuals and employers under the law and to ensure that these are translated into everyday practice in accordance with legal guidelines promulgated by federal regulatory agencies. Affirmative action involves a proactive examination of whether equality of opportunity exists. If it does not, a plan is implemented for taking concrete measures to eliminate the barriers and to establish true equality (Society for Human Resource Management, 2016b). Affirmative action has become a fact of modern organizational life. To ignore it is to risk serious economic, human, and social costs.
Every public opinion poll based on representative national samples drawn between 1950 and the present shows that a majority of Americans—black, brown, and white—support EEO and reject differential treatment based on race, regardless of its alleged purposes or results. There is agreement about the ends to be achieved, but there is disagreement about the means to be used (Von Drehle, 2003). EEO has been, and is still, an emotionally charged issue. Congress has provided sound legal bases for effecting changes in EEO through sweeping civil rights legislation. Subsequently, thousan ...
Alison Graham-Well's presentation for the Exchange Chambers Annual Local Government and Social Landlord Conference, Liverpool Town Hall 4 November 2014
The Court of Protection - A User's Guide by Alison Graham-WellsAlison Graham-Wells
The slides of Alison Graham-Wells's presentation delivered at the Exchange Chambers Annual Local Government & Social Housing Conference.
All rights reserved - for personal private use only
Chapter 22 THE LAW AND TALENT MANAGEMENTWayne F. Cascio, HEstelaJeffery653
Chapter 2
2 THE LAW AND TALENT MANAGEMENT
Wayne F. Cascio, Herman Aguinis
Learning Goals
By the end of this chapter, you will be able to do the following:
· 2.1 Describe the framework of the U.S. legal system
· 2.2 Describe alternative legal routes for complaints against an employer’s employment practices
· 2.3 Explain the two major legal theories of unfair employment discrimination
· 2.4 Understand the major legal principles that define key civil rights laws
· 2.5 Identify the six exemptions to Title VII coverage
· 2.6 Define sexual harassment and identify preventive steps employers should take
· 2.7 Know when you can and cannot justify “English-only” rules in the workplace
· 2.8 Understand how to prevent age-discrimination claims when downsizing or terminating workers for cause
Comprehensive employment-related legislation, combined with increased motivation on the part of individuals to rectify unfair employment practices, makes the legal aspects of employment among the most dominant issues in human resource management today. All three branches of the federal government have been actively involved in ongoing efforts to guarantee equal employment opportunity (EEO) as a fundamental individual right, regardless of race, color, age, gender, religion, national origin, or disability.
All aspects of the employment relationship, including initial screening, recruitment, selection, placement, compensation, training, promotion, and performance management, have been addressed by legislative and executive pronouncements and by legal interpretations from the courts. With growing regularity, I/O psychologists and HR professionals are being called on to work with attorneys, the courts, and federal regulatory agencies. It is imperative, therefore, to understand thoroughly the rights as well as obligations of individuals and employers under the law and to ensure that these are translated into everyday practice in accordance with legal guidelines promulgated by federal regulatory agencies. Affirmative action involves a proactive examination of whether equality of opportunity exists. If it does not, a plan is implemented for taking concrete measures to eliminate the barriers and to establish true equality (Society for Human Resource Management, 2016b). Affirmative action has become a fact of modern organizational life. To ignore it is to risk serious economic, human, and social costs.
Every public opinion poll based on representative national samples drawn between 1950 and the present shows that a majority of Americans—black, brown, and white—support EEO and reject differential treatment based on race, regardless of its alleged purposes or results. There is agreement about the ends to be achieved, but there is disagreement about the means to be used (Von Drehle, 2003). EEO has been, and is still, an emotionally charged issue. Congress has provided sound legal bases for effecting changes in EEO through sweeping civil rights legislation. Subsequently, thousan ...
Key elements of mental health law reform: A clinical perspectivelegislation
Dr Brendan Kelly, Key elements of mental health law reform: A clinical perspective. NUI Galway 23 June 2012. Mental health law reform: new perspectives and challenges. Amnesty International Ireland and the Centre for Disability Law & Policy NUIG.
Mental health law reform in the new and old paradigm of legal capacity, Prof ...legislation
Mental health law reform in the new and old paradigm of legal capacity, Prof Amita Dhanda, NUI Galway, 23 June 2012. Mental health law reform: new perspectives and challenges
Personal Ombudsmen: Supported Decision-Making in Practice, Anna Nilssonlegislation
Personal Ombudsmen – Supported Decision-Making in Practice, Anna Nilsson. Presented at Looking globally, legislating locally: the Irish Legal Capacity Bill, Radisson Blu Hotel, Dublin, 3 April 2012. Amnesty International Ireland and the Centre for Disability Law and Policy, NUI Galway
micro teaching on communication m.sc nursing.pdfAnurag Sharma
Microteaching is a unique model of practice teaching. It is a viable instrument for the. desired change in the teaching behavior or the behavior potential which, in specified types of real. classroom situations, tends to facilitate the achievement of specified types of objectives.
263778731218 Abortion Clinic /Pills In Harare ,sisternakatoto
263778731218 Abortion Clinic /Pills In Harare ,ABORTION WOMEN’S CLINIC +27730423979 IN women clinic we believe that every woman should be able to make choices in her pregnancy. Our job is to provide compassionate care, safety,affordable and confidential services. That’s why we have won the trust from all generations of women all over the world. we use non surgical method(Abortion pills) to terminate…Dr.LISA +27730423979women Clinic is committed to providing the highest quality of obstetrical and gynecological care to women of all ages. Our dedicated staff aim to treat each patient and her health concerns with compassion and respect.Our dedicated group ABORTION WOMEN’S CLINIC +27730423979 IN women clinic we believe that every woman should be able to make choices in her pregnancy. Our job is to provide compassionate care, safety,affordable and confidential services. That’s why we have won the trust from all generations of women all over the world. we use non surgical method(Abortion pills) to terminate…Dr.LISA +27730423979women Clinic is committed to providing the highest quality of obstetrical and gynecological care to women of all ages. Our dedicated staff aim to treat each patient and her health concerns with compassion and respect.Our dedicated group of receptionists, nurses, and physicians have worked together as a teamof receptionists, nurses, and physicians have worked together as a team wwww.lisywomensclinic.co.za/
New Drug Discovery and Development .....NEHA GUPTA
The "New Drug Discovery and Development" process involves the identification, design, testing, and manufacturing of novel pharmaceutical compounds with the aim of introducing new and improved treatments for various medical conditions. This comprehensive endeavor encompasses various stages, including target identification, preclinical studies, clinical trials, regulatory approval, and post-market surveillance. It involves multidisciplinary collaboration among scientists, researchers, clinicians, regulatory experts, and pharmaceutical companies to bring innovative therapies to market and address unmet medical needs.
TEST BANK for Operations Management, 14th Edition by William J. Stevenson, Ve...kevinkariuki227
TEST BANK for Operations Management, 14th Edition by William J. Stevenson, Verified Chapters 1 - 19, Complete Newest Version.pdf
TEST BANK for Operations Management, 14th Edition by William J. Stevenson, Verified Chapters 1 - 19, Complete Newest Version.pdf
Pulmonary Thromboembolism - etilogy, types, medical- Surgical and nursing man...VarunMahajani
Disruption of blood supply to lung alveoli due to blockage of one or more pulmonary blood vessels is called as Pulmonary thromboembolism. In this presentation we will discuss its causes, types and its management in depth.
Ethanol (CH3CH2OH), or beverage alcohol, is a two-carbon alcohol
that is rapidly distributed in the body and brain. Ethanol alters many
neurochemical systems and has rewarding and addictive properties. It
is the oldest recreational drug and likely contributes to more morbidity,
mortality, and public health costs than all illicit drugs combined. The
5th edition of the Diagnostic and Statistical Manual of Mental Disorders
(DSM-5) integrates alcohol abuse and alcohol dependence into a single
disorder called alcohol use disorder (AUD), with mild, moderate,
and severe subclassifications (American Psychiatric Association, 2013).
In the DSM-5, all types of substance abuse and dependence have been
combined into a single substance use disorder (SUD) on a continuum
from mild to severe. A diagnosis of AUD requires that at least two of
the 11 DSM-5 behaviors be present within a 12-month period (mild
AUD: 2–3 criteria; moderate AUD: 4–5 criteria; severe AUD: 6–11 criteria).
The four main behavioral effects of AUD are impaired control over
drinking, negative social consequences, risky use, and altered physiological
effects (tolerance, withdrawal). This chapter presents an overview
of the prevalence and harmful consequences of AUD in the U.S.,
the systemic nature of the disease, neurocircuitry and stages of AUD,
comorbidities, fetal alcohol spectrum disorders, genetic risk factors, and
pharmacotherapies for AUD.
Acute scrotum is a general term referring to an emergency condition affecting the contents or the wall of the scrotum.
There are a number of conditions that present acutely, predominantly with pain and/or swelling
A careful and detailed history and examination, and in some cases, investigations allow differentiation between these diagnoses. A prompt diagnosis is essential as the patient may require urgent surgical intervention
Testicular torsion refers to twisting of the spermatic cord, causing ischaemia of the testicle.
Testicular torsion results from inadequate fixation of the testis to the tunica vaginalis producing ischemia from reduced arterial inflow and venous outflow obstruction.
The prevalence of testicular torsion in adult patients hospitalized with acute scrotal pain is approximately 25 to 50 percent
Recomendações da OMS sobre cuidados maternos e neonatais para uma experiência pós-natal positiva.
Em consonância com os ODS – Objetivos do Desenvolvimento Sustentável e a Estratégia Global para a Saúde das Mulheres, Crianças e Adolescentes, e aplicando uma abordagem baseada nos direitos humanos, os esforços de cuidados pós-natais devem expandir-se para além da cobertura e da simples sobrevivência, de modo a incluir cuidados de qualidade.
Estas diretrizes visam melhorar a qualidade dos cuidados pós-natais essenciais e de rotina prestados às mulheres e aos recém-nascidos, com o objetivo final de melhorar a saúde e o bem-estar materno e neonatal.
Uma “experiência pós-natal positiva” é um resultado importante para todas as mulheres que dão à luz e para os seus recém-nascidos, estabelecendo as bases para a melhoria da saúde e do bem-estar a curto e longo prazo. Uma experiência pós-natal positiva é definida como aquela em que as mulheres, pessoas que gestam, os recém-nascidos, os casais, os pais, os cuidadores e as famílias recebem informação consistente, garantia e apoio de profissionais de saúde motivados; e onde um sistema de saúde flexível e com recursos reconheça as necessidades das mulheres e dos bebês e respeite o seu contexto cultural.
Estas diretrizes consolidadas apresentam algumas recomendações novas e já bem fundamentadas sobre cuidados pós-natais de rotina para mulheres e neonatos que recebem cuidados no pós-parto em unidades de saúde ou na comunidade, independentemente dos recursos disponíveis.
É fornecido um conjunto abrangente de recomendações para cuidados durante o período puerperal, com ênfase nos cuidados essenciais que todas as mulheres e recém-nascidos devem receber, e com a devida atenção à qualidade dos cuidados; isto é, a entrega e a experiência do cuidado recebido. Estas diretrizes atualizam e ampliam as recomendações da OMS de 2014 sobre cuidados pós-natais da mãe e do recém-nascido e complementam as atuais diretrizes da OMS sobre a gestão de complicações pós-natais.
O estabelecimento da amamentação e o manejo das principais intercorrências é contemplada.
Recomendamos muito.
Vamos discutir essas recomendações no nosso curso de pós-graduação em Aleitamento no Instituto Ciclos.
Esta publicação só está disponível em inglês até o momento.
Prof. Marcus Renato de Carvalho
www.agostodourado.com
New Directions in Targeted Therapeutic Approaches for Older Adults With Mantl...i3 Health
i3 Health is pleased to make the speaker slides from this activity available for use as a non-accredited self-study or teaching resource.
This slide deck presented by Dr. Kami Maddocks, Professor-Clinical in the Division of Hematology and
Associate Division Director for Ambulatory Operations
The Ohio State University Comprehensive Cancer Center, will provide insight into new directions in targeted therapeutic approaches for older adults with mantle cell lymphoma.
STATEMENT OF NEED
Mantle cell lymphoma (MCL) is a rare, aggressive B-cell non-Hodgkin lymphoma (NHL) accounting for 5% to 7% of all lymphomas. Its prognosis ranges from indolent disease that does not require treatment for years to very aggressive disease, which is associated with poor survival (Silkenstedt et al, 2021). Typically, MCL is diagnosed at advanced stage and in older patients who cannot tolerate intensive therapy (NCCN, 2022). Although recent advances have slightly increased remission rates, recurrence and relapse remain very common, leading to a median overall survival between 3 and 6 years (LLS, 2021). Though there are several effective options, progress is still needed towards establishing an accepted frontline approach for MCL (Castellino et al, 2022). Treatment selection and management of MCL are complicated by the heterogeneity of prognosis, advanced age and comorbidities of patients, and lack of an established standard approach for treatment, making it vital that clinicians be familiar with the latest research and advances in this area. In this activity chaired by Michael Wang, MD, Professor in the Department of Lymphoma & Myeloma at MD Anderson Cancer Center, expert faculty will discuss prognostic factors informing treatment, the promising results of recent trials in new therapeutic approaches, and the implications of treatment resistance in therapeutic selection for MCL.
Target Audience
Hematology/oncology fellows, attending faculty, and other health care professionals involved in the treatment of patients with mantle cell lymphoma (MCL).
Learning Objectives
1.) Identify clinical and biological prognostic factors that can guide treatment decision making for older adults with MCL
2.) Evaluate emerging data on targeted therapeutic approaches for treatment-naive and relapsed/refractory MCL and their applicability to older adults
3.) Assess mechanisms of resistance to targeted therapies for MCL and their implications for treatment selection
ARTIFICIAL INTELLIGENCE IN HEALTHCARE.pdfAnujkumaranit
Artificial intelligence (AI) refers to the simulation of human intelligence processes by machines, especially computer systems. It encompasses tasks such as learning, reasoning, problem-solving, perception, and language understanding. AI technologies are revolutionizing various fields, from healthcare to finance, by enabling machines to perform tasks that typically require human intelligence.
NVBDCP.pptx Nation vector borne disease control programSapna Thakur
NVBDCP was launched in 2003-2004 . Vector-Borne Disease: Disease that results from an infection transmitted to humans and other animals by blood-feeding arthropods, such as mosquitoes, ticks, and fleas. Examples of vector-borne diseases include Dengue fever, West Nile Virus, Lyme disease, and malaria.
The prostate is an exocrine gland of the male mammalian reproductive system
It is a walnut-sized gland that forms part of the male reproductive system and is located in front of the rectum and just below the urinary bladder
Function is to store and secrete a clear, slightly alkaline fluid that constitutes 10-30% of the volume of the seminal fluid that along with the spermatozoa, constitutes semen
A healthy human prostate measures (4cm-vertical, by 3cm-horizontal, 2cm ant-post ).
It surrounds the urethra just below the urinary bladder. It has anterior, median, posterior and two lateral lobes
It’s work is regulated by androgens which are responsible for male sex characteristics
Generalised disease of the prostate due to hormonal derangement which leads to non malignant enlargement of the gland (increase in the number of epithelial cells and stromal tissue)to cause compression of the urethra leading to symptoms (LUTS
Ozempic: Preoperative Management of Patients on GLP-1 Receptor Agonists Saeid Safari
Preoperative Management of Patients on GLP-1 Receptor Agonists like Ozempic and Semiglutide
ASA GUIDELINE
NYSORA Guideline
2 Case Reports of Gastric Ultrasound
2. MCA/MHA interface in E and W
Two pieces of legislation: Mental Health Act and
Mental Capacity Act
Different principles; different jobs
Overlapping populations: people who lack
capacity as defined by law and require treatment
for mental disorder
Either statute could be used even where detention
is said to be necessary in the person’s best interests
MCA is the more relevant for today
3. Structure of the MCA
Covers the ground previously covered by common
law and parts of MHA
It authorises certain people to take certain decisions
on behalf of people who lack the mental capacity
necessary at law to take those decisions themselves
s 5: general authority
s 9(1): lasting powers of attorney
s 16(2): court deputies
s 16(1): court of protection
4. Deprivation of Liberty
Article 5(1) ECHR applies: Every one has the
right to liberty and security of person. No one
shall be deprived of his liberty save in the
following cases and in accordance with a
procedure prescribed by law
Following a decision in the ECrtHR
provisions introduced to provide for the
lawful deprivation of liberty under MCA
5. Benign Legislation?
In contrast to MHA
Contains important principles including
presumption of capacity, best interests, least
restrictive alternative
Best interests: no definition but process set
out in detail. Some emphasis on wishes and
feelings and participation
Duty to appoint independent mental capacity
advocates.
6. Some Reservations
Knowledge and implementation in practice
Adequacy of safeguards: treatment and
deprivation of liberty
Courts have emphasised ultimate priority of
objective best interests over present wishes
and feelings (Re M [2009] EWHC 2525)
Problems at the interface with MHA
7. Role of the MHA
Provides framework for
involuntary/compulsory hospitalisation and
treatment of people with a mental disorder of
the necessary severity
No principles in the Act
Level of decision making capability not
formally relevant
8. MHA/MCA relationship
MHA establishes a framework for the
provision of treatment, on an involuntary
basis if necessary, to those suffering from
mental disorder to the specified degree
MCA provides a more general framework
through which decisions, including those
relating to medical treatment, may be taken
on behalf of adults who lack decision-making
capacity
9. The Consequence
Either MCA or MHA could apply to adults
with mental disorders who lack capacity even
when the treatment they require includes the
deprivation of liberty
At the point of Mental Health Act assessment
clinicians will have to make a conscious
choice between the two frameworks. (MHA
Code of Practice 2008, p28-31)
10. Difficult decisions
Extensive guidance and case law now exists
but hard decisions remain
Does the person retain mental capacity at law?
Is any restriction of liberty required? Does it
amount to a deprivation? (Cheshire West and
Chester Council v P [2011] EWCA Civ 1257)
Is the person objecting?
Is this appropriate in the determination of
important rights?
11. Generic Legislation?
The fusion solution: one Act to cover all
people who lack capacity at law
Removes discrimination towards people with
mental disorder
But problems remain:
with the definition of mental capacity at law
(problems of both practice and principle)
the definition of deprivation of liberty
12. The UN CRPD
Is radical reconsideration required following
the Convention?
What are the implications of art 12(2)?
“States Parties shall recognize that persons
with disabilities enjoy legal capacity on an
equal basis with others in all aspects of life.”
Is mental capacity no longer allowed as a
requirement of legal capacity (the recognition
that decisions and actions have effect at law)?
13. Supported decision making
A universal capacity model suggests not: supported
replaces substitute decision making. Decisions are to
be made by the person not for her
12(3) “States Parties shall take appropriate measures
to provide access by persons with disabilities to the
support they may require in exercising their legal
capacity”
But art 12(4) which requires all such measures to
provide safeguards is open to wide interpretation
14. Article 12 (4)
“States Parties shall ensure that all measures that relate to
the exercise of legal capacity provide for appropriate and
effective safeguards to prevent abuse in accordance with
international human rights law. Such safeguards shall
ensure that measures relating to the exercise of legal
capacity respect the rights, will and preferences of the
person, are free of conflict of interest and undue influence,
are proportional and tailored to the person's circumstances,
apply for the shortest time possible and are subject to
regular review by a competent, independent and impartial
authority or judicial body. The safeguards shall be
proportional to the degree to which such measures affect
the person's rights and interests.”
15. The CRPD and the MCA
If art 2(4) permits eventual resort to substitute
decision making properly restricted and
safeguarded could an MCA structure ever be
made compliant?
More emphasis on support, participation,
advance decisions and training to restrict
resort to substitute decision making
Revision of objective best interests
16. A Way Forward?
Separate “mental health” and “capacity”
frameworks inevitably lead to problems at the
interface
But improvements to the “capacity” branch
can influence the “mental health”
A “capacity” framework entrenching
supported decision making could achieve a
true paradigm shift in culture
