Legal Aspects of Professional Psychology
All psychologists are required to follow the ethical guidelines found in the 2002 Ethical Principles of Psychologists and Code of Conduct of the American Psychological Association (APA), commonly known as the Ethics Code. Other important ethical guidelines are found in the 2007 Competing Development Achievement Levels (DALs) of the National Council of Schools and Programs in Professional Psychology (NCSPP) and the Assessment of Competing Benchmarks Work Group of the APA. These ethics codes cover compliance, privacy and confidentiality, assessment, therapy, research and publications, and there are also special guidelines for dealing with children, minorities, culturally diverse populations, forensic psychology and gay and lesbian clients. Both the Ethics Code and state laws require psychologists to maintain the confidentiality of clients and their records, apart from legal requirements to report verified or suspected child abuse or clients who are a danger to others. Psychologists can only provide services…...
mlaREFERENCES
Arnaut, G.L.Y. And D.A. Hill (2010), "Ethical and Legal Issues," in J.C. Thomas and M. Hersen (eds). Handbook of Clinical Psychology Competencies. Springer, pp. 73-94.
Corey, G. et al. (2011). Issues and Ethics in the Helping Professions, 8th Edition. Cengage Learning.
Wulach, James S. And David L. Shapiro (2005), "Ethical and Legal Considerations in Child Custody Evaluations," in Gunsberg and Hymowitz (Eds.), A Handbook of Divorce and Custody Forensic Development and Clinical Perspectives. New Jersey: The Analytic Press pp. 45-56.
Legal Aspects and Considerations
"Coaches should pursue opportunities for professional development to keep abreast of best practices, safety, and legal issues within their chosen sport(s)" (Schaefer, 2008, isk Management Tips Section, ¶ 5).
Challenges for Coaches
During 2006, Bill Baker, a Sahuarita High School football coach in Chandler, Arizona resigned from his coaching position following a 2005 post-game incident which involved him and a player the previous fall. In the newspaper account, "Coach quits over legal dispute: Sahuarita's Baker facing charges involving player," Pedersen (2006) reports that Baker, 53, who cited a lack of support from the Sahuarita Unified School District, also resigned his position as golf coach; however, continued teaching character-education class at the school. The school's district reported that because its liability insurance applied only to civil claims, it could not legally represent employees in criminal cases. Baker denied charges against him that he threw punches at a student and was…...
mlaREFERENCES
Engelhorn, R. (2011). Legal and Ethical Responsibilities of a Coach Iowa State University. Retrieved March 24, 2011 from http://www.iahsaa.org/RichEngelhorn.html
Fitzgerald, T.B. (2005). The "inherent Risk" Doctrine, Amateur Coaching Negligence and the Goal of Loss Avoidance. Northwestern University Law Review, 99(2), 889+. Retrieved March 24, 2011, from Questia database: http://www.questia.com/PM.qst?a=o&d=5036474220
Football Coaches Push N.J. School Prayer Case at U.S. Supreme Court. (2008, December). Church & State, 61, 16+. Retrieved March 24, 2011, from Questia database: http://www.questia.com/PM.qst?a=o&d=5036476157
Pedersen, B.J. (2006). Coach quits over legal dispute: Sahuarita's Baker facing charges involving player. AZ Daily Star. Landmark Media Enterprises, LLC. Retrieved March 23, 2011 from HighBeam Research: http://www.highbeam.com/doc/1G1-149015601.html
Partnerships demand that all partners (both general and limited partners) be on the same page financially and within the scope of the business operations. They require shared a goal and vision for the entity, and a mutual understanding of each owner's role and the parameters for exerting control. Perpetual lines of communication must be available for all parties in response to changing dynamics and the occurrence of unforeseen events. This is particular relevant in the restaurant industry, where consumers have many choices and often make them based on little substance
. The restaurant industry is fraught with sudden changes, which can require added attention, effort and capital in a short period of time. Therefore, a thorough understanding of the roles of each owner, be they a general or limited partner, is essential to a properly functioning partnership.
Additionally, effective partnerships require regular meetings and reviews of all business operations, and a careful…...
mlaReferences
Astrachan, J. (2003). Family Business' Contribution to the U.S. Economy: A Closer
Look. Family Business Review, vol. 17:3. p 211-219. (Retrieved from google scholar. Keywords: sole, proprietorship, owner, entrepreneurship)
Auty, S. (1992). Consumer Choice and Segmentation in the Restaurant Industry. The Service Industries Journal. vol. 12 (3). p 324-339. Retrieved from informaworld.com (Keywords: restaurant, corporation, consumer)
Baysinger, B. & Butler, H. (1985). Corporate Governance and the Board of Directors:
Legal medical measures that had to be taken in advance so that people's live would not be at risk, because individuals would actually postpone treatment for the fear of being judged about something that a patient was embarrassed about. It became more of a public health issue to not enforce the rights of individuals who sought medical attention for a pertinent matter.
Although the privacy, safety, and comfort level of patients are impacted by the application of HIPAA, the medical industry was also directly impacted as well. Pharmaceutical industries were no longer able to direct their products directly at patients, since under this policy, they no longer had the right to look at anyone's information. Medical information was no longer up for grabs for the business industry to exploit its usage. Having absolute confidentiality meant that money that was once made from direct tailored advertisement, could no longer be made.…...
mlaReferences:
The U.S. Department of Health and Human Services. (undefined). Understanding Health Information Privacy. In Retrieved July 23, 2011, from http://www.hhs.gov/ .
Attorneys, however, note that the suits are reflective of an increase in negligent doctors, who are hard pressed to serve a larger and more demanding patient load. Medical care is more costly and it is true that doctors fail to establish bedside relationships with their patients. Others point out that problems lie at the door of the insurance industry and management of hospitals (Committee, p. 1).
Because we discovered the problem in time, Mr. Jones was able to apologize and explain to the patients affected concerning the true nature of his outbursts. They did not have to pay for their treatment and none of them brought lawsuits against Mr. Jones or the hospital. We retained Mr. Jones, but advised him to notify the management if it appeared that there might be future outbursts. It is true that hospitals are much more diligent today because of risk management practices. Because of…...
mlaReferences
Abbott, R.L., Weber, P. And Kelley, B. (2005). Medical professional liability insurance and its relation to medical error and healthcare risk management for the practicing physician. American Journal of Ophthalmology. Vol. 140(6).
Committee to Study Medical Professional Liability and the Dellivery of Obstetrical Care, Institute of Medicine. (1989). Medical Professional Liabilityand the Delivery of Obstetrical Care: Vol I. Washington, D.C.: National Academy Press.
Grol, R. (2001). Improving the quality of medical care: Building bridges among professional pride, payer profit, and patient satisfaction. Journal of the American Medical Association. Vol. 286(20). 28 Nov 2001.
Harris, G. (2006). Senators to unveil new drug safety proposals. The New York Times. 21 Jun 2006. Retrieved January 14, 2008 at http://www.nytimes.com/2006/06/21/health/policy/21fda.html?_r=2&adxnnl=1&oref=slogin&adxnnlx=1200373850-0PNMhVh8RDTFqV4OOSZCpQ .
Legal Aspects of Health Care
Regulation of Texas ESRD Facilities
An End Stage Renal Disease (ESRD) facility is one that "provides dialysis treatment or dialysis training to individuals" with this disease ("Licensing"). In keeping with its stated goal of ensuring the protection of public health and safety ("Philosophy"), the state of Texas requires such facilities to meet certain regulatory standards concerning design and space, equipment, water treatment and reuse, and sanitary and hygienic conditions; patient care and treatment; and dialysis technicians.
The federal government distinguishes among five types of ESRD facilities: transplant centers, dialysis centers and dialysis facilities (the distinction being that the former is a hosipital unit and the latter a stand-alone site), self-dialysis units, and special purpose renal dialysis centers (which are generally set up for emergency situations). All of these types of facilities in service after September 1, 1996 are subject to Texas licensing requirements.
The standards regarding design, space, water…...
mlaWorks Cited
End Stage Renal Disease Facility Licensing." Texas Department of Health. www.tdh.state.tx.us/hfc/esrd.htm. Online. Available. 15 December 2002.
Regulatory Philosophy." Texas Department of Health. www.tdh.state.tx.us/hcgs/plc/pled_regphil.txt.Online. Available. 15 December
Texas Administrative Code. 25 TAC 117.1-85. ["End Stage Renal Disease Facilities."]
http://info.sos.state.tx.us/pub/plsql/readtac$ext.ViewTAC-tac_view=4&ti=25&pt=1&ch=117
legal aspects of job-related stress in Great Britain, with the view to helping businesses in Great Britain avoid stress claims. While the article addresses issues in Great Britain, it also illuminates another way of looking at stress. The first article looked at it from a personal level; the second from a group level; and this one purely from the company's point-of-view. In considering this article, readers might note its implied relationship to the article by Styhre et. al., because it demonstrates clearly that work-related stress occurs within a larger social unit (the employment setting). The article's main point is that employers should handle claims of stress both sensitively and carefully, especially as they relate to suspension and firing, to avoid lawsuits charging the company with causing psychiatric damage to the individual because of how the company handled the situation.
This article points out various causes of stress, all listed in…...
Mudra did not act according to this principle when he ignored the warning signs of Daniel's condition.
The best course of action would therefore have been a focus on beneficence/non-maleficence rather than upon respect for autonomy. Daniel's age is also an important factor. Concomitantly with his condition, Daniel's immaturity and a desire to "prove" his independence to his parents, could have contributed to his death. When treating such young persons, it is perhaps advisable to place emphasis upon non-maleficence rather than respect for autonomy. In terms of these two principles, it would be acceptable for the parents to complain.
In terms of scope, the final principle, justice, is not as applicable to Daniel's case itself as it is to his parents. The parents feel aggrieved by the practitioner's lack of in-depth knowledge and action regarding Daniel's condition. They are seeking justice for themselves, but it is too late for such justice…...
mlaBibliography
Stone, J. (2002) an ethical framework for complementary and alternative therapists.
Routledge.
Applebe, G. & Wingfield, J. (1997) Applebe's Pharmacy law and ethics. The Pharmaceutical Press
Gillon, R. & Lloyd, a. (eds.) (1993). Principles of health care ethics. Wiley.
d).
The health care industry is heavily regulated and has several special risk areas that need to be looked out for. An effective compliance program is necessary in order to mitigate these risks. In addition to the challenges that are associated with taking care of patients, health care providers are subject to huge and sometimes intricate sets of rules that govern the coverage and reimbursement of medical services. Because federal and state sponsored health care programs play such a big role in paying for health care, compliance with these rules are necessary in order to avoid penalties that can occur. These penalties can include such things as recoupment of improper payments, along with sanctions imposed by Medicare and Medicaid against health care businesses that engage in abuse or fraudulent practices (Corporate esponsibility and Corporate Compliance: A esource for Health Care Boards of Directors, (n.d.).
A good health care administrator will define and…...
mlaReferences
Corporate Responsibility and Corporate Compliance: A Resource for Health Care Boards of Directors. (n.d.) Retrieved April 3, 2009, from Office of the Inspector General Web site:
http://oig.hhs.gov/fraud/docs/complianceguidance/040203CorpRespRsceGuide.pdf
Health Administration. (n.d.). Retrieved April 3, 2009, from Web site:
This chapter is completed with further information on a legal analysis in chapter 12, which discusses the organization of the results of the research. The Honigsberg Grid is amply described as a useful instrument in such an organization.
Chapter 13 presents directions as to how a memorandum of law should be written, as well as some of its most important characteristics, notably the fact that this needs to be an objective piece of writing and has to follow a particular format. The chapter also provides a sample of such a memorandum. The notions presented in this chapter are completed in the subsequent chapter, which refers to writing a memorandum of points and authorities.
Finally, chapter 15 refers to how an opinion or client letter is written. The opinion letter is the formal way in which attorneys inform clients about certain legal aspects. As a formal instrument, such a letter has a…...
Legal Structure of McDonald's Corporation
There are many different categories of business in the world today. McDonald's brand franchisees operate as part of a corporation. The company, comprised in part of restaurants run by independent entrepreneurs, is currently considered one of the worlds most successful and largest franchising companies every created. Seventy percent of McDonald's restaurants are owned and operated by independent owners.
This corporate business structure has resulted in substantial opportunities for individual business owners and for the corporation as a whole. The legal structure of McDonald's is discussed below, as well as the advantages and disadvantages McDonald's corporation has over other legal business entities. Though McDonald's corporation operates slightly differently than other corporations in the world today, it remains one of the world's leading retailers, a testament to its strong legal structure.
Legal Aspects Of A Franchise
McDonald's successfully operates as a franchisee corporation. There are many legal components of a franchise…...
mlaReferences:
"McDonald's Corporation." FranshiseOpportunities.com. Retrieved Sept 1, 2005:
http://www.franchiseopportunities.com/Zor_52/McDonalds.htm .
"McDonald's Owners Operators." Retrieved Sept. 5, 2005:
http://www.mcdonalds.com/content/corp/franchise/franchisinghome.html
Social Media in Marketing
The four components of a legally astute social media-marketing manager
In this paper, I will look at Facebook as the leading social networking site. The four components of a legally astute manager include the knowledge, judgment, proactive and the attitudinal component (Bagley, 2006). A legally perceptive manager must acknowledge the importance of law to company success and accept responsibility for being in charge of legal factors of the business. In addition, they recognize the need to fulfill the societal expectations and meet the ethical considerations. From the proactive perspective, this manager brings counsel in the cycle of decision-making. Because they are proactive, they do not wait for last minute rush to finalize deals. A social media manager must be well educated about these four characteristics. Nowadays, more firms are using the social media platform for purposes of marketing. Further, a company might fall behind if it does not.…...
mlaReferences
Bagley, C.E. (2006). Winning legally: The value of legal astuteness. Boston, Mass.
Evarts, W.R. (1983). Winning through accommodation: The mediator's handbook: the use of new, alternative methods of dispute resolution in the last decades of the 20th century. Dubuque, Iowa: Kendall/Hunt Pub. Co.
Miller, R.L.R., Cross, F.B., & Jentz, G.A. (2013). Business law: Alternate edition: text and summarized cases: legal, ethical, global, and e-commerce environment. Mason, Ohio: South-Western Cengage Learning.
Construction Case Study
Case Overview
Oliver Owner has decided that it would be a good investment to build a large suburban office building on some unimproved land that currently owns. However, since he does not know much about construction, he has hired a professional project manager firm, CMI, to manage the project. However, when Mr. Owner was away for personal reasons, CMI exercised its authority to select an electrical contractor from three pre-authorized contractors that were selected. When Mr. Owner returned, he accused CMI of exceeding its authority by signing a contract with the electrical firm on his behalf. Other problems also arose from the contracts related to the electrical work to be done of the suburban office project such as a request to retract a proposal as well as a misunderstanding about what the security deposit that the contractors entailed. This analysis will provide a brief background in legal considerations that…...
mlaReferences
CMAA. (2011). An Owner's Guide to Construction Program Management. Retrieved from CMAA Net: http://cmaanet.org/sites/default/files/files/Owners%20Guide%20Ver%209-2011.pdf
MacDonald. (2010, July 31). Understanding the Pros and Cons of Standard Form Construction Contracts. Retrieved from MacDonald Illig Attorneys: http://www.macdonaldillig.com/understanding-the-pros-and-cons-of-standard-form-construction-co.html
Procurement Notices. (2015, December 24). C.M.A.A RFP. Retrieved from Procurement Notices: http://procurement-notices.undp.org/view_file.cfm?doc_id=71297
The American Institute of Architects. (N.d.). Contractors. Retrieved from The American Institute of Architects: http://www.aia.org/contractdocs/forcontractors/
Healthcare -- Administration and Legal
Many vectors -- science, research funding, social acceptance or rejection -- influence how and whether medical technology is eventually adopted into medical praxis (Hogle, et al., 2012). Undergirding the choices and changes is a shared body of ethical standards and law, the establishment of which is often not consensual or efficacious. Any emerging technology can encounter unanticipated social resistance and ethical concerns that can change the course of how medical science research progresses (Hogle, et al., 2012). Medical technology often poses questions about access to expensive innovations and considerations about race, gender, and social justice that are inseparable from the socio-economic levels of patients (Hogle, et al., 2012). In contemporary society, there are the inevitable considerations about patent issues, clinical practice, and the commercialization of medical innovations (Hogle, et al., 2012). The recent court decision finding in favor of Myriad Genetics, Inc. provides a good platform…...
mlaReferences
Cho, M. (2010, November 1). Patently unpatentable: implications of the Myriad court decision on genetic diagnostics. Trends in Biotechnology, 28(11), 548-551. Retrieved / pii/S0167779910001411?_returnURL= http://linkinghub.elsevier.com/retrieve/pii/S0167779910001411?showall=true http://www.cell.com/trends/biotechnology//retrieve
Hogle, L., Tobin, S., Gaba, D. And Yock, P. (2012). Web-Based Research Integrity Training for Biomedical Engineers and Medical Device Researchers (Public Health Service). Stanford Center for Biomedical Ethics. Palo Alto, CA: Stanford School of Medicine. Retreived / programs/science_and_society.htmlhttp://bioethics.stanford.edu/research
Morrison, E. (2011). Ethics in health administration: A practical approach for decision makers. (2nd ed.). Sudbury, MA: Jones and Bartlett.
Stempel, J., Steenhuysen, J., Wallace, J., Grebler, D. And Orr, B. (2012, August 16). Myriad wins gene patent ruling from U.S. appeals court. Thomson Reuters. Retrieved http://www.reuters.com/assets/
Contracts Analysis Case Study
Case Overview
Marshall Petersen and his wife, Gloria, began visiting the Sunday school class being taught in Huntsville, Alabama, about six months ago. Marshall is not a Christian, but with the encouragement of his wife, who is a believer, he says he is beginning to explore the faith. This relationship eventually culminated in a business arrangement in which Marshall's small, local health food products business begins purchasing Muscadine grapes your family's produce company sells. This relationship results in a regular business arrangement with orders being placed every month. Despite often being late with the payment for the shipments, there was never any penalties or interest being charged and the prices and shipments were kept consistent.
However, a disruption in the agreement eventually manifested in which Marshall asked that the delivery person, an adolescent son, to sign a contract that guaranteed the same rates and availability of the product. The…...
mlaWorks Cited
American Bar. (N.d.). Contracts and Consumer Law. Retrieved from American Bar: http://www.americanbar.org/content/dam/aba/migrated/publiced/practical/books/family/chapter_9.authcheckdam.pdf
Vinson, C. (N.d.). Basic Law of Contracts in Georgia. Retrieved from University of Georgia: http://www.georgialegalaid.org/resource/basic-law-of-contracts-in-georgia
Thesis: Physician-assisted suicide, as a controversial topic surrounding end-of-life decisions, necessitates a comprehensive exploration of moral, ethical, and legal aspects in order to understand the potential benefits and consequences it may have on terminally ill patients and healthcare providers.
One way to refine the thesis statement could be to focus on the specific impact of physician-assisted suicide on patients and healthcare providers. For example:
Revised Thesis: The moral, ethical, and legal considerations surrounding physician-assisted suicide raise important questions about the impact it has on terminally ill patients and healthcare providers, underscoring the need for a more nuanced examination of its implications on....
Topic Ideas for Essays on Same-Sex Marriage
Historical and Legal Aspects
The Evolution of Marriage Law and the Recognition of Same-Sex Relationships
The Impact of Obergefell v. Hodges and Subsequent Legal Precedents on Same-Sex Marriage
The Role of Judicial Activism in Same-Sex Marriage Jurisprudence
Comparative Analysis of Same-Sex Marriage Laws in Different Countries
Social and Cultural Impacts
The Transformation of Family Structures and Kinship Relations
The Impact of Same-Sex Marriage on Children and Their Well-being
The Role of Religion in Shaping Public Opinion on Same-Sex Marriage
The LGBTQ+ Rights Movement and Its Advocacy for Marriage Equality
Political and Economic Considerations
The Influence of....
In advising the Minister on whether Ghana can legally impose a transitional safeguard measure under the revised ECOWAS Treaty, the following considerations should be taken into account:
1. Compliance with ECOWAS rules: The first consideration would be to ensure that Ghana's actions are consistent with the provisions of the ECOWAS Trade Liberalisation Scheme (ETLS) and the Revised ECOWAS Treaty. Any imposition of tariff or safeguard measures should be in line with the rules and regulations set out by ECOWAS.
2. Rules of origin: It is important to carefully examine the rules of origin outlined in the ETLS to determine whether the products....
Moral Convictions and Abortion: Shaping Perspectives on a Controversial Topic
Abortion, the deliberate termination of a pregnancy, has ignited intense debate for decades, with individuals holding diverse opinions shaped by their moral convictions. These convictions profoundly influence their perspectives on the ethical, medical, and legal aspects of this controversial issue.
Moral Arguments Against Abortion
Personhood: Many anti-abortion advocates believe that human life begins at conception. This view is rooted in religious and philosophical beliefs that endow the fetus with full moral status as a human being. As such, they argue that abortion is tantamount to murder and should be universally prohibited.
Potential Life: Even....
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