Drug treatment and workplace drug testing: Politics,symbolism and organizational dilemmas

This article explains how the link between drug testing and drug treatment was forged, how it has been implemented in the workplace, and speculates on its organizational implications. Part I argues that widespread drug testing in the core institutions of American society would not have been politically possible without forging an explicit link to drug treatment. The authors identify the key variables which account for the link between testing and treatment, including public opinion, employer self interest, collective bargaining agreements, the precedent and influence of Employee Assistance Programs, and developments in the law of the workplace. Part II describes how the link between drug testing and drug treatment has been implemented in the workplace, including the emergence of new organizational units, roles, and inter-organizational relationships. Part III examines the organizational dilemmas created by the testing/treatment linkage.     

The debate over drug testing in the workplace: A novel opportunity for public scientific education

In several respects, American evidence law has an anti-scientific bias. A number of the admissibility and legal sufficiency rules in American evidence law reflect this bias. The assumption underlying the bias is that the typical citizen–-the potential juror–-is incapable of critically evaluating technical evidence. The results of national educational tests demonstrate that scientific illiteracy is widespread in the United States. However, the current controversy over drug testing presents forensic scientists with a unique opportunity to educate the average citizen about some of the rudiments of scientific proof. In the course of the debate, the scientific community can help familiarize the American public with such concepts as the limited nature of scientific findings, experimentation as the means of scientific validation, and the importance of proper test protocol. Perhaps more than any other scientific controversy, the debate over drug testing is of intense personal interest to the average citizen. This article pleads with the participants in the drug testing debate to capitalize on that interest and conduct their debate at a high level to aid the citizenry to develop a broader understanding of scientific evidence.     

School Counselors and Consultants: Legal Duties and Liabilities

This article provides an overview of legal issues and problems salient to school counselors who provide direct services to students or indirect services through consultation. Among legal issues addressed are privacy, confidentiality, and privilege—conceptually distinct topics that in practice often overlap. Also covered are legal duties pertaining to handling student records, conducting research projects, reporting child abuse, and testing and placing students. Among the legal liabilities discussed are those arising from contract, tort, and criminal law and from violations of federal constitutional and statutory rights.     

Drugs in the workplace: A commentary

The increasingly serious problem of substance abuse in the workplace is reviewed. New initiatives to deal with this major public health problem in the United States are presented. The concerns of industry regarding alcohol and drug abuse in the workplace are discussed: health and safety, accidents, absenteeism, and medical and insurance costs. Employers' rights and responsibilities in insuring a safe work environment are presented. The development of employee assistance programs sensitive to the medical, legal, and work-related issues raised by substance abuse in the workplace is reviewed. Specific suggestions for employers concerned with the drug problem in industry are comprehensively discussed.     

Deliver us from evil? The temptation,realities, and neuroethico-legal issues of employing assessment neurotechnologies in public safety initiatives

In light of the recent events of terrorism and publicized cases of mass slayings and serial killings, there have been calls from the public and policy-makers alike for neuroscience and neurotechnology (neuroS/T) to be employed to intervene in ways that define and assess, if not prevent, such wanton acts of aggression and violence. Ongoing advancements in assessment neuroS/T have enabled heretofore unparalleled capabilities to evaluate the structure and function of the brain, yet each and all are constrained by certain technical and practical limitations. In this paper, we present an overview of the capabilities and constraints of current assessment neuroS/T, address neuro-ethical and legal issues fostered by the use and potential misuse of these approaches, and discuss how neuroethics may inform science and the law to guide right and sound applications of neuroS/T to “deliver us from evil” while not being led into temptations of ampliative claims and inapt use.     

Duties When an Anonymous Student Health Survey Finds a Hot Spot of Suicidality

Abstract

Public health agencies regularly survey randomly selected anonymous students to track drug use, sexual activities, and other risk behaviors. Students are unidentifiable, but a recent project that included school-level analysis discovered a school with alarmingly prevalent student suicidality. Given confidentiality protocols typical of surveillance, the surveyors were uncertain whether and how to intervene. We searched literature for duties to warn at-risk groups discovered during public health surveillance, but we found no directly applicable guidance or cases. Reasoning by analogy, we conclude that surveyors should contact the school’s leaders to call attention to its outlier status, but public warning is unwarranted. However, such an ad hoc decision to issue a warning, even if only to school leaders, raises significant practical, legal and ethical issues. National public health and education associations should produce guidance that clarifies ethical and legal duties owed to schools and students involved in population health-risk surveillance.     

The Genetic Testing of Children for Cancer Susceptibility: Ethical,Legal, and Social Issues

Genetic testing for cancer susceptibility raises many ethical, legal, and social concerns, particularly when testing children is considered. The complexity of defining medical and psychosocial risks and benefits of genetic predisposition testing for multifactorial disorders, like cancer, is discussed. Presumed incompetence of children and adolescents and questionable ability of many adults to understand complex genetic information raise informed consent questions. Guidelines can aid professionals but there must also be a means of evaluating individual cases. Further research is needed to determine optimal methods of educating children and adults about genetic issues and to discriminate factors which contribute to satisfaction with decision-making about genetic testing. Legal issues and practical considerations are examined involving a duty to warn family members about genetic susceptibility and to re-contact previously-tested individuals as knowledge advances. Recommendations are offered concerning roles for social scientists and legal scholars in ethical integration of genetic testing into our medical and social framework.     

A consideration of challenges to psychological assessment instruments used in forensic settings: Rorschach as exemplar

In this brief primer, we provide an outline of key issues that will help psychologists organize and prepare their expert testimony. These issues include the need to obtain essential sources of research, a review of the actual legal standards regarding admissibility of test data in expert testimony, the nature of the expert relative to the assessment instrument in expert testimony, the nature of legal versus scientific debate, and the examination of appropriate qualifications of expertise when offering legal testimony. In addition, we use a summary of information contained in several recent articles to address challenges directed against forensic psychological testing. We use the empirical literature on the Rorschach as an exemplar in discussing these issues, as the admissibility of the Rorschach in particular has been challenged, and the issues frequently focused on with the Rorschach are equally applicable to other psychological measures. In this article, we provide essential sources of Rorschach research regarding several empirical studies that summarize important information and directly address previous criticisms of the measure.     

Test of Motowidlo et al.'s (1997) Theory of Individual Differences in Task and Contextual Performance

This article examines 20 key issues related to the sliding band method of candidate referral in personnel selection. It does so in a point-and-counter-point format. Its purpose is to facilitate consideration of relevant issues, to correct what we believe are misconceptions and misunderstandings of the technical, legal, and social implications of the method, and to allow us to state our position on these issues clearly. Some scientists and practitioners may choose not to use this approach, but at least their decisions should be based on a clear understanding of the logic and technical basis for it.     

Ethical issues related to the artificial heart

This paper is a general survey of ethical issues related to the artificial heart. It begins by looking at the history of funding of the artificial heart program through the National Institute of Health in 1965. Attention is paid to the problem of the lack of planning related to social, ethical, economic, and legal implications. The paper then deals with three areas of ethical concerns. They are those issues relating to the experimental versus therapeutic benefits, the cost, and public involvement with a private interest.     

Major themes in the Arabic political literature of Islamic revivalism, 1970-1985: The Islamic system of government (al-nizam al-islami), shura democracy and the implementation of the Sharica as opposed to secularism (cilmaniyya)

The analysis of the political literature of Islamic revivalism belongs to the pertinent issues of Muslim-Christian dialogue. Part one of the article, published in ICMR vol. 3, no. 2, came to the conclusion that political Islam is a burden for modern Islam and an obstacle to the accommodation of the needs of the Muslim people of the modern age. Part two discusses two central elements of an Islamic political system: the Shari'a as a legal system, and the shura as the authentic Islamic pattern of parliamentarism.     

Public trust and confidence in legal authorities: What do majority and minority group members want from the law and legal institutions?*

Discussions of public trust and confidence in the police and the courts often assume that the key to public feelings is the public's evaluation of the outcomes that the public receives from these legal authorities. In the case of the courts, discontent is often assumed to be linked to issues of cost and delay-instrumental concerns about the outcomes delivered to the public by the courts. In the case of the police, the inability to effectively control crime is frequently seen as driving public evaluations. This article presents an alternative procedural justice based model that links public trust and confidence to views about the manner in which legal authorities treat the public. Drawing upon psychological research about public evaluations of institutions and authorities it is argued that the key issue that shapes public views is a process based evaluation of the fairness of the procedures that the police and courts use to exercise their authority. Analyses from several studies exploring the basis of public views support this procedural justice based model of public evaluation. In addition, the results provide suggestions about the elements of procedures that are central to public judgments about their fairness.     

Law, liability, and the school psychologist: Malpractice and liability

A variety of court decisions and laws relevant to malpractice and liability of school psychologists are presented. Terms are defined and examples of faulty psychological testing, defamation, withholding information, and inferred incompetence are provided. Suggestions regarding litigation and legal defenses are made and issues related to professional liability insurance are discussed.     

A critical review of the assumptions underlying drug testing

Current drug screening programs are based on a set of assumptions: That drug use adversely affects productivity, that available tests are accurate and cost-effective means of detecting and reducing drug use, and that drug testing is legal. When analyzed in the light of available evidence, little support was found for these assumptions. Used properly, drug testing may play a role in the overall management of employee performance; used improperly, it represents a profound threat to individual rights. Recommendations for additional research and for employers planning to use drug screening are offered.     

Ethical, Legal and Social Aspects of Brain-Implants Using Nano-Scale Materials and Techniques

Nanotechnology is an important platform technology which will add new features like improved biocompatibility, smaller size, and more sophisticated electronics to neuro-implants improving their therapeutic potential. Especially in view of possible advantages for patients, research and development of nanotechnologically improved neuro implants is a moral obligation. However, the development of brain implants by itself touches many ethical, social and legal issues, which also apply in a specific way to devices enabled or improved by nanotechnology. For researchers developing nanotechnology such issues are rather distant from their daily work in the lab, but as soon as they use their materials or devices in medical applications such as therapy of brain diseases they have to be aware of and deal with them. This paper is intended to raise sensitivity for the ethical, legal and social aspects (ELSA) involved in applying nanotechnology in brain implants or other devices by highlighting the short term problems of testing and clinical trials within the existing regulatory frameworks (A), the short and medium-term questions of risks in the application of the devices (B) and the long-term perspectives related to problems of enhancement (C). To identify and address such issues properly nanotechnologists should involve ethical, legal and social experts and regulatory bodies in their research as early as possible. This will help to remove pressure from regulatory bodies, to settle public concern and to prevent non-acceptable developments for the benefit of the patients.

The sociology of adolescent drug and drinking behavior: A review of the state of the field: Part II

This is Part II of our general assessment of the state of sociological research on adolescent substance use. In Part I, presented in the previous issue of this journal, we analyzed the methodological issues in the field and summarized findings on extent and trends of use. Here, we summarize structural, interactional, and attitudinal correlates of teenage drinking and drug behavior. We characterize the field as being theoretically underdeveloped and argue that the place to look for theory to organize empirical generalizations and derive testable hypotheses is among the existing sociological theories of deviance, which have been given scant attention in the adolescent drug and drinking literature. The field of study is in need of primary data collected to test hypotheses from a single general theory that is capable of integrating structural, interactional, and attitudinal variables.     

The impact of development of population-based study in the biomedical field on laws and regulations: a cross-strait experience on biobank development

Together with the completion of the Human Genome Project, biomedical research has marched into the "Post-Genomic Era." In order to take advantage of this extracted gene related information extensively and precisely so as to realize man's biological phenomena as well as the mechanism of pathogenesis, consequentially, a large scale sample collection of different geological areas and/or ethnic groups becomes necessary for the future population based genetic research of a country and, in turn, the construction of population-based genetic database (Biobank). In recent years, both mainland China and Taiwan have not only made great progress in information and computation technologies, but have also gradually taken a close look into the quality of medicine delivery. Thus, it becomes unavoidable for both sides to create each one's population-based genetic databases (Biobank). Theoretically speaking, the Biobank development shall benefit the study on the correlation between genes and disease and also the solution for disease treatment as well. At the same time, medical diagnostic technology has also been significantly improved. It is believable that the population-based genetic database might be utilized to promote medical quality and to reduce the cost of public health delivery. Further; in the near future, it might become the "raw materials "for medical research application. However when taking promotion of public welfare as the premises for a Biobank development, the severe and multi challenge occurred against the traditional legal rules in terms of the privacy protection, public trust development, the compliance of informed consent principle, the implementation of benefit-sharing doctrine and the possible discrimination concern about the population/participants selection and some other ELSI issues. In this paper, the major legal issues encountered by the Biobank development will first be reviewed accompanied by the background information concerning the Biobank development scenario crossing the Taiwan Strait. Also, mainly following the realm of comparative policy or legal approaches, the paper learning from the fruits of this comparative study, tries to propose some recommendations for future legislative consideration by both mainland China and Taiwan. It's been this author's wish that, when establishing a large scale population based Biobank, the promotion of public trust shall be placed as the primary goal together with the emphasis on supporting publicity and transparency on the administrative practices, so as to encourage the public participation in observing the principle of altruism and, in turn, benefit the future biomedicine development.     

SAMHSA philosophy and statement on ethical principles

As the major federal agency responsible for improving the delivery and effectiveness of substance abuse and mental health services to the American public, the Substance Abuse and Mental Health Services Administration (SAMHSA) is aware that its programs deal with especially sensitive issues. As a national leader in advancing effective services to persons with addictive and mental disorders, SAMHSA has stewardship over important interventions affecting personal, community, institutional, and social values. Inherent in SAMHSA's mission and goals is a commitment to protect and promote the human, civil, and legal rights and moral freedoms of those individuals and groups who participate in SAMHSA-funded activities and to demonstrate that Agency policies and procedures are congruent with publicly acceptable ethical principles and standards of conduct. A foundation of mutual trust between SAMHSA officials and participants as well as sensitivity to issues of public accountability will hasten and strengthen progress toward this shared vision.