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venerdì 18 maggio 2012

Health Care & Nursing: segnalazioni

Scott Gottlieb, M.D. | Testimony before the House Judiciary Committee

Over the last decade, the number of independent physicians has fallen by about 2 percent a year. But these trends are now accelerating. Many observers point to provisions in the recently enacted Patient Protection and Affordability Act (PPACA) as a primary driver.

California Appellate Districts
• Rand v. Board of Psychology 
n a psychologist's challenge to the authority of the Board of Psychology to discipline him, the trial court's denial of a petition for writ of administrative mandamus is affirmed, where: 1) the Board had jurisdiction to discipline the petitioner for his conduct as a special master because he was acting as a psychologist in his special master role; 2) the petitioner's due process contentions failed because a) the rules, standards and guidelines for psychology practice gave him fair notice of prohibited conduct, and b) he failed to meet his burden of showing that there was no logical nexus between his unprofessional conduct and his fitness to practice the profession; and 3) substantial evidence supported the trial court's findings that the petitioner was dishonest.

California Appellate Districts
Cash v. Winn, No. D058657 
In a suit for overtime wages brought by an in-home caretaker who was not a licensed or trained nurse, judgment in favor of the plaintiff is reversed, where: 1) the plaintiff performed the duties of a personal attendant and did not spend more than 20 percent of her weekly work time performing other duties, and so was exempt from overtime; and 2) a "regular administration of health care services" exception does not exist under California law as applied to a household employee who is not licensed or trained to perform nursing or other medical services

Sulla v. Board of Registered Nursing, No. A132699 
In a case in which the Board of Registered Nursing took disciplinary action against a licensee who was convicted of a misdemeanor after he caused a single-car accident while driving with a blood alcohol level in excess of the legal limit, the judgment of the superior court disagreeing with the Board is reversed, where: 1) Business and Professions Code section 2762 comports with due process and supplies a basis for discipline even in the absence of a finding of professional unfitness in a particular case; and 2) the fact that an ALJ found that the licensee's conduct was not substantially related to his professional qualifications could not be used to circumvent the conclusive presumption that the conduct described by section 2762 amounted to unprofessional conduct

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Louise Selanders, RN, EdD, FAANLearn how Nightingale is relevant today and how we can use nursing's past as an inspiration for our professional future.May 15APRN Scope of Practice: What Are the Opportunities and the Challenges?Lisa Summers, CNM, DrPHLearn about APRNs' roles, the practice barriers APRNs face, and what can be done to ensure that these nurses deliver optimal, patient-centered care.May 16The Midwifery Model of CareMary K. Barger, CNM, MPH, FACNMLearn about this specialty area of advanced practice nursing, its challenges, and possible solutions.May 17Who is the Nursing Profession?Denise McNulty, RN-BC, ARNP, DNP, MSNThis webinar will discuss how nursing can get back to a unified profession that focuses its energy on creating a future we desire for our patients/populations, our planet, and ourselves.Visit 
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United States Ninth Circuit, 05/10/2012 
US v. Zhou, No. 10-50231 
In a prosecution of a former research assistant at the University of California at Los Angeles Health System for violating the Health Insurance Portability and Accountability Act of 1996 (HIPAA) by accessing patient records without authorization after his employment was terminated, the district court's denial of a motion to dismiss the information is affirmed, as the HIPAA provision at 42 USC section 1320d-6(a)(2) is not limited to defendants who knew that their actions were illegal, but rather requires only that the defendant know that he or she obtained individually identifiable health information relating to an individual, so the information satisfied the requirements of both the Due Process Clause and Federal Rule of Criminal Procedure 7.

Court of Appeals of New York, 05/08/2012 
Matter of New York City Health and Hospitals Corp., No. 64 
In a case in which the New York State Commission of Correction issued a subpoena duces tecum to a hospital to produce its records respecting its care and treatment of a inmate in the custody of the City of New York who later died, the quashing of the subpoena is reversed, where: 1) an exception to physician-patient privilege was necessary to accommodate the legislature's express provisions detailing the Commission's responsibilities and powers, particularly with respect to investigating inmate deaths through its Medical Review Board; and 2) the Health Insurance Portability and Accountability Act privacy rule did not prohibit disclosure of the sought records

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