错误触摸法规:对经批准的精神卫生专业人员有效监管的限制
1University of Reading, School of Law, 2.09 Foxhill House, Shinfield Road, Whiteknights, Reading RG6 6EP, UK.
International journal of law and psychiatry
|February 16, 2026
概括
右触法规不适合监督认可的心理健康专业人员 (AMHPs) 由于一个分散的监管体系. 有效的监管需要可见性,所有权和反才能实现相称的监管.
科学领域:
- 法律研究 法律研究
- 公共卫生政策 公共卫生政策
- 社会工作法规 社会工作法规
背景情况:
- 经批准的心理健康专业人员 (AMHPs) 通过1983年"心理健康法"的强制拘留,对个人自由拥有重大权力.
- 目前对英格兰和威尔士的AMHP的监管监管在多个机构之间分散,缺乏对决策质量的统一问责制.
研究的目的:
- 批判性地评估右触法规 (RTR) 模型对于监督AMHP实践的适用性.
- 在AMHP治理及其理论基础的背景下分析RTR的结构限制.
主要方法:
- 对右触规则 (RTR) 模型进行理论分析.
- 审查监管理论,包括响应性,智能和基于危害的监管.
- 审查英国AMHP目前的监管架构.
主要成果:
- 专业标准局实施的RTR模型在结构上不适合对AMHP的监督.
- 在AMHP治理中,缺乏适当监管的关键先决条件,例如可见性,所有权和反.
- 目前的监管方法有可能使无效的监管合法化.
结论:
- 由于缺乏基本条件,右触法规没有有效地规范AMHP实践.
- 建立适当监管的先决条件的建议是有效的AMHP监管所必需的.
- 目前的分散系统未能确保AMHP决策中的问责制.
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