Interim Regulations Research Articles

The issue and abolition of the Interim Regulations on Chinese Medicine Shops and Western Pharmacy Registration in the period of the Republic of China

The Interim Regulations on Chinese Medicine Shops and Western Pharmacy Registration issued by the Shanghai Bureau of Illegal Drugs in 1922, required that Chinese medicine shops in Shanghai area be audited, registered and pay registration fees. This regulation was abolished along with the dissolution of the Shanghai Bureau of Illegal Drugs in 1925. The Interim Regulations on Chinese Medicine Shops and Western Pharmacy Registration drove people, to some extent, to attach the importance and awareness of Chinese medicine and its administration. While it had some problems, such as improper intention and unclear concepts in the period of the Republic of China, a sound system for traditional Chinese medicine (TCM) administration had not been established. It confirmed that Chinese materia medica has its unique knowledge system and development form, therefore, should not be uniformly administered as Western medicine. It indicated that TCM pharmacy administration should have a reasonable system and channels to promote the development of the Chinese materia medica industry.

Keeping Up with the Joneses: Texas’ NIL Battle for Student-Athletes

Starting in 2021, college athletes could earn financial compensation from their name, image, and likeness (“NIL”). With the change in laws, the National Collegiate Athletic Association (“NCAA”) created an interim regulation for states to follow. After the Supreme Court decision, some states’ trigger laws went into effect, some states made new NIL regulations, and some states continued to follow the regulation set out by the NCAA. With all these laws and no federal regulation, each state stands on different footing. In Texas, a restrictive NIL statute will affect its recruiting for years unless adjusted. This Comment suggests improvements to the Texas NIL law, such as allowing universities to assist student-athletes in finding potential NIL deals and creating and supplying resources and programs for collegiate athletes to obtain the highest return on NIL deals. Texas can also repeal its statute like states have done with similar NIL laws. This Comment will also discuss the potential Title IX impacts of suggested additions to the Texas NIL law.

The proposed Regulation to fight online child sexual abuse: an appraisal of privacy, data protection and criminal justice issues

ABSTRACT Protecting children online is a priority for the EU legislator. Since July 2021, an interim regulation allows service providers to derogate from confidentiality safeguards in the e-privacy Directive to fight child sexual abuse online. The European Commission aims to repeal this legislation with a proposal of May 2022. This Regulation will require providers to monitor users’ content communication for online child sexual abuse, among other things. Privacy experts worry that confidentiality standards (i.e. end-to-end encryption) will be weakened and that the Regulation will serve as a basis for indiscriminate interception of content communications. However, the implications of the proposal go beyond privacy and data protection and will impact criminal justice rights too. Therefore, this contribution presents a comprehensive analysis of the proposal from a privacy, data protection and criminal justice perspective. It examines the proportionality of the measure and its implications within the Area of Freedom, Security, and Justice (AFSJ). Specifically, it looks at purpose limitation issues in data exchanges and the admissibility of such evidence in criminal proceedings. The aim is to show that the EU, while aiming at increasing data circulation in the AFSJ, might not be ready for this challenge from an infrastructural and fundamental rights standpoint.

베트남 대학기관평가인증 제도 및 평가준거의 변화와 시사점

This study aims to introduce the evolution of Vietnam's institutional evaluation and accreditation system and the current evaluation criteria. Accordingly, this study examines the overall development of Vietnam's institutional evaluation and accreditation system and summarizes the evaluation criteria. Vietnam began to pay attention to the quality of higher education in the 2000s. In 2003, the Vietnam Education Quality Review and Evaluation Agency was established by the Ministry of Education. In 2004, the Interim Regulations on Accreditation and Evaluation of Higher Education Institutions were issued, and for the first time, Vietnam started its own accreditation and evaluation of higher education institutions. In 2005, the Education Law was amended to provide a legal basis for accreditation, and in 2007, official regulations were issued to replace the 2004 interim regulations, providing a solid legal foundation. In 2013, the Center for University Assessment and Accreditation was established under Hanoi National University. In 2017, the Center completely changed the evaluation indicators used until now, replacing them with new ones based on the evaluation indicators of the ASEAN University Network (AUN). Based on these findings, we outline recommendations for higher education in Vietnam and implications for higher education in Korea.

The development and institutional characteristics of China’s built heritage conservation legislation

The article reviews comprehensively the emergence and development of China’s national legislative system for cultural heritage, with a particular focus on built heritage. It covers the period from the late Qing Dynasty to the present. The antiquity preservation legislation and policies from the late Qing Dynasty to the early Republic of China (ROC) era signify the initial emergence of the state-led legislative system for cultural heritage protection and management. The Interim Regulations on the Conservation and Management of Cultural Heritage, passed in 1960, represent the state’s first targeted effort to protect significant historic monuments and sites. The 1982 Cultural Heritage Protection Law (CHPL) established the mechanism for the conservation of Protected Cultural Heritage Sites (PCHS), while the 2008 Regulation on the Conservation of Famous Historic and Cultural Cities, Towns and Villages (RCFHCCTV) defined the principles for the conservation and management of historic cities. China’s current jurisdiction for the conservation of cultural heritage is underpinned by legislation such as the CHPL, the Intangible Cultural Heritage Law (ICHL), and the RCFHCCTV. This article analyses the characteristics of the current state legislative system for built heritage conservation and the challenges and constraints regarding urban conservation. It concludes with strategic guidance for improving the legislation for China’s built heritage conservation in the present era of rapid economic development and urban regeneration.

Evaluation of regulatory action and surveillance as preventive risk-mitigation to an emerging global amphibian pathogen Batrachochytrium salamandrivorans (Bsal)

The emerging amphibian pathogen Batrachochytrium salamandrivorans (Bsal) is a severe threat to global urodelan (salamanders, newts, and related taxa) biodiversity. Bsal has not been detected, to date, in North America, but the risk is high because North America is one of the global hotspots for urodelan biodiversity. The North American and United States response to the discovery of Bsal in Europe was to take a risk-based approach to preventive management actions, including interim regulations on importation of captive salamanders and a large-scale surveillance effort. Risk-based approaches to decision-making can extend to adaptive management cycles by periodically incorporating new information that reduces uncertainty in an estimate of risk or to assess the effect of mitigation actions which reduce risk directly. Our objectives were to evaluate the effects of regulatory action on the introduction of Bsal to the U.S., quantify how a large-scale surveillance effort impacted consequence risk, and to combine other new information on species susceptibility to re-evaluate Bsal risk to the U.S. Import regulations effectively reduced import volume of targeted species, but new research on species susceptibility suggests the list of regulated species was incomplete regarding Bsal reservoir species. Not detecting Bsal in an intensive surveillance effort improved confidence that Bsal was not present, however, the overall risk-reduction impact was limited because of the expansive area of interest (conterminous United States) and limited time frame of sampling. Overall, the preventive actions in response to the Bsal threat did reduce Bsal risk in the U.S. and we present an updated risk assessment to provide information for adaptive decision-making.

HHS Issues Interim Rules on Sharing of SUD Treatment Records

Back to table of contents Previous article Next article Government & LegalFull AccessHHS Issues Interim Rules on Sharing of SUD Treatment RecordsMark MoranMark MoranSearch for more papers by this authorPublished Online:31 Aug 2020https://doi.org/10.1176/appi.pn.2020.9a5AbstractMore comprehensive changes to the longstanding rules on sharing patients’ information about substance use treatment under 42 CFR Part 2 await final federal regulations.The federal government last month issued temporary regulations to make it easier for certain health care professionals who provide treatment for substance use disorders to share information with other health care professionals about patients who have given prior, written consent.For decades, sharing of that information has been difficult because of regulations—known as 42 CFR Part 2—that were formulated in the 1970s, long before the development of integrated care models that rely on sharing of information. The regulations pertain to substance use treatment professionals (known as “Part 2 providers”) who work in federally supported treatment centers or receive other forms of federal support for substance use treatment. 42 CFR Part 2 does not apply to records created by health care professionals who are not receiving federal support (non-Part 2 providers).In March, Congress approved more comprehensive changes to 42 CFR Part 2 as part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, but those changes await the creation of federal regulations to guide their implementation. The changes are intended to help advance coordination of care for patients under the care of multiple health care professionals by aligning 42 CFR Part 2 regulations with those of the Health Insurance Portability and Accountability Act (HIPAA).In the meantime, the Department of Health and Human Services issued a final rule on August 14 with “interim and transitional” standards that do the following:Allow Part 2 providers, with patient consent, to share patient information orally with a non-Part 2 provider (such as a primary care physician). The non-Part 2 provider may then include the information in a patient’s record that is governed by HIPAA guidelines.Allow opioid treatment providers (OTPs)—with patient consent and assuming it is consistent with state law—to include methadone information in a state Prescription Drug Monitoring Program.The comprehensive changes legislated in the March CARES Act will further align 42 CFR Part 2 with HIPAA in the following ways:Once prior, written consent from a patient is obtained, the patient’s treatment information may be disclosed by a Part 2 entity or business associate for purposes of treatment, payment, and operations as permitted by HIPAA.Information may be redisclosed pursuant to HIPAA regulations.Records regarding substance use treatment may not be disclosed in criminal, civil, or administrative investigations or proceedings, except when authorized by court order or patient consent.Anti-discrimination protections are expanded under the 42 CFR Part 2 regulations to prevent discrimination against patients with substance use disorders.The changes enacted in the CARES Act are the result of vigorous advocacy by APA and other affiliated groups in the Partnership to Amend 42 CFR. As stated on the partnership’s website, the outdated 42 CFR Part 2 regulations “set requirements limiting the use and disclosure of patients’ substance use records from certain substance use treatment programs and run counter to new, innovative delivery models that rely on providers’ ability to share health information to effectively and safely coordinate high-quality treatments patients need.”APA CEO and Medical Director Saul Levin, M.D., M.P.A., said, “These changes will make it easier for patients with substance use disorders to benefit from evidence-based and integrated care models, improving their care.” ■A webinar about the interim regulations and other changes to 42 CFR Part 2 is archived on the APA website. ISSUES NewArchived

The Reform of the Civil Service System in China 1993–2009

The paper is devoted to the analysis of public service reforms in China in the period of 1993 - 2009. The reforms, in part, took advantage of the positive experience of the Chinese past. They were aimed at improving the efficiency of civil servants by introducing more competitive selection processes, incentives to encourage activities and tightening control and supervision. The processes of selection, appointment, training, dismissal and retirement of civil servants were also streamlined. The chronological scope of the study is determined by the dates when the Interim Regulation on Civil Servants (1993) was adopted, and up to the date of adoption and implementation of the full-fledged Law on Civil Servants (2006). Then the first consequences of the reforms began to be felt: the legalization and normalization of the personnel system, the motivation to show high moral standards for civil servants who could gain respect from the people, and the activation of their high moral and business qualities. In part, the adoption of these laws was accompanied by the coming to power of the fourth generation of leadership of the CPC and PRC.

Disproportionate impact of radiation and radiation regulation

ABSTRACTReference Man is used for generic evaluation of ionizing radiation impacts, regulation, and nuclear licensing decisions made by the U.S. Nuclear Regulatory Commission (US NRC). The United States Code of Federal Regulations, 2018 edition, Chapter 10: Part 20 ‘Standards for Protection Against Radiation’ contains eight references to ‘reference man’ as the basis for regulation and calculation of radiation exposure. The document was accessed January 9, 2019 (https://www.govinfo.gov/content/pkg/CFR-2018-title10-vol1/pdf/CFR-2018-title10-vol1-part20.pdf). Findings from 60 years of A-bomb survivor data show that Reference Man does not represent the human life cycle with respect to harm from radiation exposure. Findings reported here show females are more harmed by radiation, particularly when exposed as young girls, than is predicted by use of Reference Man; the difference is a much as 10-fold. Since females have been ignored in regulatory analysis, this has resulted in systematic under-reporting of harm from ionizing radiation exposure in the global population. A critique is also offered on the US Environmental Protection Agency’s attempt to include females in its regulation. Recommendations for interim regulation to provide better protection, and questions for further study are offered.

Physicians Oppose Government Efforts to Undercut Women’s Contraceptive Care

Physicians Oppose Government Efforts to Undercut Women’s Contraceptive Care

LADM-based modeling of the unified registration of immovable property in China

In China, the types of immovable property objects cover not only land (a typical immovable property object) but also buildings, sea areas, forests, etc., and the general idea of unified registration of immovables (as the newest development and hottest topic in field of land administration in China) proposed by Property Law of the People’s Republic of China (2007) is not detailed until 2014 when “Interim Regulations on Real Estate Registration” was enacted and would come into force in 2015. This paper focuses on modeling of unified registration of immovables in China whose cores rely on “4 unifications” (i.e., unification of registering basis, unification of registering authorities, unification of information management platform, unification of registering books) using the world-wide advanced standard LADM (Land Administration Domain Model). In detail, the typical 8 immovable property rights (right to use construction land/forest land/sea area, ownership of houses/forests/marine structures, right to contractual management of arable land/grass land) are firstly introduced; then change of register types before and after unified registration (as one important component of “unification of registering basis”) is described; later, comparison of register procedures reflecting “unification of authorities”, “unification of information management platform” and “unification of registering books” is modeled using LADM where parties, 3R, spatial units package are greatly referenced which is followed by elaboration of a newly proposed URDMIPO (Unified Registration Data Model for Immovable Property Object). However, the complete implementation of unified registration in China will still take a long time.

农村土地承包经营权纳入不动产统一登记探讨——以常州市金坛区为例

不动产登记暂行条例及其实施细则明确土地承包经营权属于不动产权利，应当纳入不动产统一登记。不动产登记过渡期后，由国土资源部负责指导农村土地承包经营权登记工作。文章从县(区)职责机构的角度出发，结合地区实情，如何实现土地承包经营权确权登记向不动产统一登记过渡，从辖区现状、机构业务整合、信息系统建设、难点分析等四方面探讨农村土地承包经营权纳入不动产统一登记的工作思路。 Real estimate unified registration interim regulation and implementation rules clearly confirm that land contractual management right is included in real estate rights. It should be brought into real estimate unified registration. After the transition period of real estimate unified registration, rural land contractual management right registration is on the guidance of the Ministry of Land and Resources. From the perspective of responsible organization in countries or districts and in the base of local conditions, this paper makes work thought studies on rural land contractual management right involved in real estimate unified registration on four aspects of jurisdiction situation, service integration, information system construction and difficulty analysis.

Interim Regulations on the Management of Internet Drug Information Services

Interim Regulations on the Management of Internet Drug Information Services

Interim Regulations on the Administration of Internet Culture

Interim Regulations on the Administration of Internet Culture

KIBRIS TA GALİ FİKİRLER DİZİSİ NDE MÜZAKERE SÜRECİ VE TEMEL ÖZELLİKLERİ

In this research, the role, the importance, and the characteristics of Ghali’s Set of Ideas within the process of negotiations in Cyprus have been addressed. Therefore, the main purpose of this research is to analyze the main features of the process based on Ghali’s Set of Ideas, which constitutes the first and the most important step of give-and-take exercise between parties in Cyprus. The process of making Ghali’s Set of Ideas, which emerged as the first product of Overall Framework Agreement on Cyprus, the way the problems experienced during the negotiations were resolved, characteristics of analysis of parties’ attitudes and how the problems were resolved with interim regulations have been elaborated in general. Ghali’s Set of Ideas and bargains based on this, which presents an important example to the international negotiations, reveal new characteristics from the perspective of analysis of parties’ attitudes. From this point, Set of Ideas became an important turning point in the history of TurkishGreek disagreement. It is suitable to consider Set of Ideas as the first UN step to reach a broad, inclusive and permanent agreement in Cyprus. The Set of Ideas, in general, had emerged as a ‘Framework Agreement’ in 1992. This agreement, however, was not a ‘peace’ treaty for Turkey, Greece and the United Kingdom. This treaty, in particular, is extremely important to determine the foundations and the main principles of asolution in Cyprus. In other words, it is like a frame for the peace in the island. Therefore so many clash of opinions and deep disputes over the Ghali’s Set of Ideas have occurred. These clashes of opinion, on the other hand, contributed to the critical analysis of behavioral patterns, political perceptions and political culture of Turkish and Greek Cypriot communities. Therefore, this research is composed of three main sections. In the first one, the emergence and the process of Ghali’s Set of Ideas is examined. In the second section, an overall evaluation of Ghali’s Set of Ideas is made whereas in the third and the last part, the negotiation process of Set of Ideas is addressed.

The Implications for Health, Depression, and Life Satisfaction from a Permanent Increase in Income for the Disadvantaged Elderly: Evidence from Taiwan

This paper uses an exogenous increase in income for a specific subgroup to explore the extent to which higher income leads to higher levels of health and well-being. In 1995, the Taiwanese government implemented the Senior Farmer Welfare Benefit Interim Regulation (SFWBIR) that was a pure cash injection to senior farmers. A difference-in-differences (DiD) approach is used on survey data from the Taiwanese Health and Living Status of Elderly in 1989 and 1996 to evaluate the short-term effect of the SFWBIR on self-assessed health, depression, and life satisfaction (LS). Senior manufacturing workers are employed as a comparison group for senior farmers in the natural experiment. This paper provides evidence that the increase in income caused by this pension reform significantly improved the mental health of senior farmers by reducing 1.697 points of the depression scale in DiD and 2.178 points in the robust estimation; however, it had no significant short-term impact on self-assessed health or LS.

The Chinese Civil Society Needs to be Nurtured by a Sound Legal Framework

Since Deng Xiaoping started the Reform and Opening Up policies in the late 1970s, the communist government’s rigid control of Chinese society has loosened, and a growing number of social organizations were established in the 1980s. Not only have some government-sanctioned social organizations emerged, but more and more student and worker organizations also began to operate in the public arena. China’s communist government tried to create the legal framework for the country’s emerging civil society. In the aftermath of student movements in 1986 and 1989, the communist government began to establish a series of laws and regulations regarding the registration and administration of China’s civil society organizations (CSOs). For example, in 1988, China’s State Council issued the Measures for the Administration of Foundations, and in 1989, it issued Regulations on Registration and Administration of Social Organizations. In 1998, the State Council issued the Interim Regulations on the Registration and Administration of Civil NonCommercial Institutions, and in 2004, the Regulations on the Registration and Administration of Foundations. Currently, China’s State Council is deliberating on three revised administrative regulations that will manage three types of CSOs in China—social organizations, private non-enterprise organizations, and foundations. According to China Daily, a mouthpiece of the communist government, these revised administrative regulations are expected to be promulgated in 2014. In addition, China’s central government plans to devolve to provincial governments its power of approving registration of foreign non-governmental organizations (NGOs). Thus, foreign NGOs will find it easier to get registered in China.

Effects of pile driving on fishes

We examined the physiological effects of impact pile driving on fishes using a specially designed tube that allows replication of the far field acoustic conditions of impulsive stimuli. Studies show that the received signal levels needed to result in onset of effects is a combination of single strike sound exposure level (SELss) and cumulative sound exposure level (SELcum), although not in an equal energy relationship. In contrast to current interim regulations, which indicate that the onset of physiological effects occurs at 187 dB SELcum, our experimental results for six species of fishes showed that the onset of physiological effects, none of which produced mortality, was at about 207 dB SELcum. This onset SELcum had to be at least 7–10 dB higher to result in effects that could potentially be mortal. Additional studies showed that fishes can recover from the effects of pile driving and that a fish species without a swim bladder showed no effects, at least up to an SELcum of 216 dB. Investigations on the effects of pile driving on sensory hair cells of the inner ear, an analog for hearing loss, showed that damage only occurred at SELcum that are substantially higher than onset of other effects.

MOFCOM Publishes Interim Regulations on Standards for Simple Mergers and Requests Public Comments

Under the 2008 Anti-Monopoly Law of China (AML), the Ministry of Commerce (MOFCOM) is responsible for reviewing proposed concentrations that meet transaction-size thresholds. It has reportedly processed more than 450 transactions, issuing 16 conditional approvals and prohibiting one proposed concentration, applying factors such as market shares, concentration, entry, competitive effects, and national economic development, among others. On April 3, 2013, MOFCOM published draft “Interim Regulations on Standards Employed for Simple Mergers” seeking public comments. The draft identifies various scenarios that may or may not be classified as simple cases and four open-ended circumstances in which simple case status may be revoked. The standards for simple case classification include market share thresholds and several effects-based standards. This article analyzes the Interim Regulation, compares the current and proposed European Commission and US FTC and DOJ procedures for expedited review, and identifies some open questions not directly addressed by the current draft. The paper was published in the June 18, 2013 Competition Policy International, CPI Asia Column.

How to confront the risk of radioactivity

It has been a little more than a year since 11th of March 2011 when the great East Japan earthquake of magnitude 9.0 hit at Tohoku region, leading to the consecutive hydrogen explosion accident of the Fukushima I Nuclear Power Plant and the release of radio-active compounds to environments. According to the report by Meteorological Research Institute, the amount of radioactive cesium released to the atmosphere summed up to forty quadrillion Becquerel (Bq), equivalent to 20 % of the counterpart in Chernobyl. The issue of the nuclear power plant accident is not over yet: 10–100 million Bq of radioactive cesium per month is being discharged, which is a big obstacle for the regeneration of Tohoku region. The epitome of the entire problem is disaster waste, which amounts to 20 million tons. The disaster waste is possibly contaminated with radioactive cesium of 100– 200 Bq. Since radioactive cesium contained in the disaster waste is concentrated into bottom and fly ashes during an incineration process, municipalities have hesitated to accept the ashes due to damage caused by rumor. Although the Tokyo Metropolitan Government accepted the treatment of the disaster waste, the amount for the treatment is only dozens of tons per day. Towards decontamination of regions contaminated with radioactive cesium, several hundred million US dollars have been spent to date. However, there is no agreement yet on the methods for management for excavating the contaminated soil and its subsequent disposal. Municipalities are having a hard time gaining consensus among the stakeholders for finding temporary storage facilities for contaminated soil, which is preventing them in proceeding with the excavation and decontamination. According to governmental policy, contaminated soil stored in temporary storage must be transferred to an interim or intermediate storage facility, where its amount will be reduced and kept for no more than 3 years. However, Municipalities do hesitate to construct a facility for interim or intermediate storage. Decision of a final disposal and treatment site is, hence, not yet in the sight. Right after the accident, food and drinking water contamination with radioactive iodine became an issue even in Tokyo, 250 km away from the nuclear power plant. For a while tap water used for feeding milk to infants was prohibited. Half life of radioactive iodine is 8 days and no radioactive iodine in tap water is detected a year after the accident. Newspapers reported concentrations of radioactive cesium in rice, vegetables and mushrooms. On televisions, specialists (almost all are professor emeritus in universities) are assuring the citizens that the current level of contamination in foodstuff is safe since the level is not as high as the tentative regulatory standards for foods. However, when they are asked ‘‘Are you sure that there is no impact on human health?’’, they frequently equivocate. But the citizens, especially the young mothers with children remain skeptical. The interim regulation of radioactive cesium in foods is shown in Table 1, where all foods are classified into five categories, i.e. drinking water, milk and dairy products, vegetables, cereal, meat, egg, fish and others. Effective dose of 5 mSv per year is evenly assigned to each category and, additionally, the amount of intake to a human is taken into consideration for the determination of the interim regulation. From this April, a new strict regulation has been adopted with an effective dose of 1 mSv per year by taking into account the effect of radioactive cesium on a child. M. Hosomi (&) Department of Chemical Engineering, Tokyo University of Agriculture and Technology, 2-24-16 Nakamachi, Koganei, Tokyo 184-8588, Japan e-mail: hosomi@cc.tuat.ac.jp