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Sue Skoglund, Editor
Valerie Reid, Webmaster
Table of Contents
The Year in Review 2001-2002
MDMLG Members Honored by Hospital Libraries Section,
MLA
Legal Resources
Profile on Members: Interesting Things Our Members Do
Copyright Law and Online Information, Part II
MDMLG Election Results
Overview of Recent NLM Technical Bulletins, Part II
CHLA Conference Notes
MDMLG Summer Luncheon Meeting
MHSLA Conference Coming Soon
Announcements / Upcoming Dates
My year as serving as president of MDMLG is winding down. It has been quite a
learning experience for me as well as, I hope, beneficial for the membership.
My first duty as president, unfortunately, was to meet with Ellen Marks and
Sandra Martin of Wayne State University and discuss the cancellation of the
CAM-ERA conference. It was decided that although a great deal of work had
already been done there wasn’t enough time or manpower to complete the tasks
at hand. We decided that it was better to not present a conference than to
present it and not have it go well. My thanks to Ellen Marks and Sandra Martin
on taking this negative situation and turning it into a positive. Their offer to
assist MDMLG in future programs has been invaluable. As a result, we are able to
offer three full day continuing education (CE) programs in June with the
National Library of Medicine and have already offered a four-hour course in
April with Ovid Technologies.
Working with Swets Blackwell, Inc. we were able to offer another four hour CE
course in March at the Hyatt Regency in Dearborn. This coordinated effort
between Swets Blackwell and MDMLG allowed us to offer this at a much lower rate
and include lunch! I hope this will set a precedent that future courses can be
offered at reduced rates in conjunction with other vendors. This is also an
opportunity for us to see the "latest and greatest" from vendors. It
is a win-win situation for all. Reduced institutional funding for travel make
continuing education opportunities such as these so much more important.
The updating of the bylaws was completed to reflect the changes occurring
within MDMLG. Offering additional categories of membership allows us to better
serve our members by offering reduced rates to retired members as well as
students. Changing the length of committee membership terms and chairperson
requirements allows for more flexibility within the committees. It is becoming
more difficult to recruit committee members. Library staff time is more precious
than ever and being able to get away to attend meetings can be difficult. Times
have changed and we need to change in order to effectively serve the membership
and each other.
I have had the wonderful opportunity to work with a supportive and dedicated
executive board, committee chairs and committee members. My thanks to: Diane
LeBar-for fulfilling all the secretary duties and recording all those
meeting minutes; Karin Werner-for her timely treasurer’s reports and
for the positive account balances!; Patty Scholl-for doing the audit;
Misa Mi-for the new brochure and all the outreach survey information; Gina
Hug-for keeping the online directory information current; Barb Platts-for
answering my questions; Sue Skoglund-for the new online newsletter
format--the pictures and graphics added a great new look!; Diana Balint and
Gayle Williams-for all the compensation and benefits survey work; Sandra
Martin-for keeping the archives information straight and for helping with
the CE classes; Donna Marshall-for chairing the nominating committee (the
arm I twisted has healed nicely, I’m happy to report) and providing a slate
for us to vote on; Marilyn Kostrewski-for coordinating all the continuing
education classes; Diane O’Keefe-for providing interesting programs and
a summer luncheon I’m looking forward to; Joan Emahiser-for keeping us
updated on the activities at MHSLA; Valerie Reid-for all her helpful
suggestions and many timely updates to the web site—a ton of work! Thanks so
much Val!
Thank you for giving me the opportunity to serve the membership of MDMLG as
president. I hope my involvement in the organization has been helpful to you in
some way.
Audrey Bondar
President
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We proudly announce that MDMLG members Carole Gilbert and Toni
Janik and former MDMLG member Michele S. Klein-Fedyshin have been listed on the
Scroll of Exemplary Service for the Hospital Libraries Section of the Medical
Library Association. They are honored for their exemplary service in the area of
leadership, publishing, service or through a special project or event on the job
or in their community within the last five years. The Scroll was unveiled
and the names listed on this Scroll were read at the Hospital Libraries
Section Business Meeting on Sunday, May 19, 2002. Congratulations to them for
the award!
Misa Mi
MDMLG Public Relations Committee
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TOP
Is it Legal?
Is it legal for a nurse to remove a chest tube? Questions like
this are not uncommon for medical librarians and they are always challenging.
Searching for legal information often takes librarians outside of their normal
area of expertise. A little understanding of how the law is structured can make
these tough questions a little easier.
Structure of the law
There are three major types of law: statutory law,
administrative law and case law. Statutory law is the law that is created by
legislation. As a result, statutory law can change frequently as new bills are
passed by the legislature. In Michigan this law can be found in one of two multi
volume sets: Michigan Compiled Laws (MCL) or, if working from the more
common annotated version, Michigan Compiled Laws Annotated (MCLA). This
is where the Public Health Code of Michigan can be found.
The second type of law is Administrative law. It is also known
as regulatory law. It includes regulations propagated by governmental agencies
such as the Michigan Board of Nursing. The regulatory law will often contain
more specific and detailed information that is unique to a particular area,
because the administrative agency that creates the regulations will have the
technical expertise to manage such issues. In Michigan it can be found in the Michigan
Administrative Code.
Because of the differing levels of expertise between the
legislature and the agencies, these two types of laws usually work together. For
example, the MCL has a section creating, authorizing and empowering the
State Board of Nursing to make rules (MCL 333.16145). When the agency actually
makes the rules, they will appear in the Michigan Administrative Code.
The result is that the MCL is very general and the Administrative Code
is very specific. For example, MCL states the requirement for licensure
to practice nursing in Michigan:
333.17211 License or authorization required. A person
shall not engage in the practice of nursing or the practice of nursing as a
licensed practical nurse unless licensed or otherwise authorized by this
article.
This is very brief. By contrast, the Administrative Code rules,
set forth by the Board of Nursing, go into much more detail. They define the
educational requirements to sit for a licensure exam, what exams are accepted,
what scores are accepted, what the requirements are to maintain licensure, etc.
Lastly, there is case law, also know as common law. Generally
when a case is decided by a court, the circumstances of the case and rationale
of the court are recorded in published opinions. These precedents then provide
guidance to courts when they are faced with similar legal and factual questions
in the future. No two opinions are ever identical however, because no two
factual situations are ever completely identical – and therefore case law is
the least predictable and clear source of law. However, because it deals most
directly with specific facts and applications, it can be very flexible and
provide guidance in areas where the MCL and the Administrative Code are silent.
In Michigan, two of our major courts record their opinions: Michigan Supreme
Court and Michigan Court of Appeals.*
To locate this information, the Internet is invaluable.
Although direct websites are available for each division mentioned above, there
is one convenient meta-site on Michigan law compiled by the Institute for
Continuing Legal Education: http://www.icle.org/michlaw/
.
Our question
Will any of these sources lead me to an answer about the chest
tubes? No. Absolutely not. Although the MCL will discuss the general legislative
judgment about the practice of medicine, and the Administrative Code will give
concrete technical findings on issues facing health professionals, the
"law" concerning nursing, allied health and medical practice is not
procedure specific. It speaks largely in generalities about issues such as
delegation, supervision, specialty/advanced practice and continuing education
requirements. Elected officials have neither the time nor the subject specialty
to create rules at that level of specificity. Even case law, which is grounded
in specific fact-situations and therefore can provide guidance to health
professionals, will not absolutely answer the question because it cannot say
categorically what the answer is in all cases, but only in those situations
which have already come before the courts. But then, who does decide such
important issues? And how can the information be found?
The professions themselves in their "scope of
practice" statements determine the legality of their practice. When
attempting to determine if malpractice has occurred, it is the scope of practice
and the standard of care that is the yardstick. A nurse, physician or
respiratory therapist will be judged on whether he or she performed in a manner
that is similar to what another ordinary, reasonable and prudent professional of
similar licensure would have done. So, in a court, the standard argued will be
derived from core texts, standards and practice statements. Often experts will
be called in to testify as to these standards.
With regard to our question, the answer would be found by
reviewing various nursing standards, guidelines and scope of practice statements
from both general and specialty nursing organizations. As it happens, the
American Association of Critical Care Nurses (AACN) covers chest tube removal in
their AACN Procedure Manual for Critical Care (W.B. Saunders, 1993). Keep
in mind that it never states that it is "legal" for a nurse to
perform the function. It merely demonstrates that the function is commonly
within the nurse’s scope of practice.
*NB The same structure is present at the federal level with
the statutory United Stated Code (USC/USCA), the administrative Code of Federal
Regulations (CFR), and the case law of the Supreme Court and other federal
courts. A good meta-page for these sites can be found at http://www.findlaw.com/casecode/. Practice issues are not addressed at this level though other health related
issues such as the Health Insurance Portability and Accountability Act (HIPPA)
could be found there.
Bridget Faricy, RN, MLIS
William Beaumont Hospital
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When I sent out this mini survey, I was looking for a common
denominator to link our medical librarian backgrounds together. There isn’t
any. Gardening comes the closest. We have a weaver, a flutist, a vintner and
three still trying to be musicians. We could have a great party. Toni will cater
it. I’ll see to it!
 |
In my spare time, I'm take piano lessons, am enrolled in a two
year Jewish studies program, and am in two book groups-I also try and work out
and stay in shape (not always as successful as I’d like), so maybe scratch
that last part. |
Robin Terebelo: Bryant Information Group, Inc.
 |
I play flute in the Ann Arbor Concert Band. I've played the
flute for 27 years and with the AACB for two. We perform 4 times a year -
October is our Children's Concert, December is our Christmas Concert, March, and
May (which features our Young Soloist Competition winner). We rehearse once a
week. I enjoy it tremendously and Christopher loves going to "Mommy's
concerts." |
Alexia Estabrook: Providence Hospital DeRoy Medical Library
 |
I mow a lot of grass (1.3 acres, no pun
intended), keep part of it natural for bees and butterflies, promote
biodiversity by giving plants to my library technician, walk and ride my
bike in the park, read horror books and books about Atlantis, UFO's,
Mars, etc. and watch my favorite shows: StarTrek, Wolf Lake, Wall Street
Week, Antiques Roadshow, etc. |
Cherrie Mudloff : Detroit Receiving Hospital and University
Health Center
 |
I sing in a church choir and take voice
lessons. I am a board member of Women of Wayne and immediate past
president (a constituent group of Wayne State University Alumni
Association). I enjoy gardening although this year it has been a case of
pulling weeds, something familiar to you, I am sure. I am attempting to
learn American Sign Language, having conquered finger spelling. And
occasionally, I go dancing! |
Carol Vandenberg: Madonna University Library
I am an avid gardener spending most of the spring weekends
playing in our over 10 flower beds and berry patch, enjoying them in July while
I vacation at home. Volunteer church organist and web master. Love catering
large family and friends’ events. My husband and I spend our winters with
friends making fruit wines from fruit we have grown ourselves. Mother of two
university age children and learning how to adapt to the almost empty nest.
Toni Janik:Hotel Dieu Grace Hospital
 |
I spend as much off-work time as possible
knitting and weaving. I am a member of the Ann Arbor Fiber Arts Guild
and sell goods at their sales, under my business name "Cats
Cradle". Right now I primarily make hats, scarfs, pillows,
sweaters, and vests. In my next life, I’ll open a retail business
under that name to supply knitters and weavers and teach weaving
classes. |
Pat Martin: Taubman Medical Library
Gay Byrnes
Providence Hospital
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The previous article on copyright in the
February issue dealt with some tips that I learned from a conference on copyright law. I
thought, in all fairness, we should also review some recent books about
copyright law and how it applies to online information. Frequent questions that
are brought to everyone's attention include the following:
-
fair use specifically in libraries
-
liability for Web content
-
interlibrary loan or resource sharing on
the net
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downloading and printing rights
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hyperlinks
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recent legislation
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copyright laws for scanning documents
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international agreements – how are they
different in Europe
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CONTU guidelines- more interpretations of
the Committee on New Technological Uses of Copyrighted Works
The three books that I selected were Digital
Reference Service in the New Millennium, Digital Property: Currency of the 21st
Century, and Copyright in
Cyberspace: Questions and Answers for Librarians.
Digital Reference Service in the New
Millennium discusses new trends in the changing reference culture. It states
that "digital reference is meant to include both direction, or guidance
or delivery, or presentation of the desired answer, in so far as possible and
practical." (3) They talk about the "Fair Digital Use" in
an explosive growth of Web based e-commerce products. Because of the speed of
e-commerce, more contract and license law guidelines will evolve drawing an open
market among publishers for library budgets. Most of these issues that have been
raised in the past have evolved because of the entertainment industry.
The law, as it stands, was provided to protect
movie and music publishers from illegal copying of information taken from CD
& DVD editions. Nobody has really provided a fixed set of guidelines for
acquiring and using electronic reference information. We do have main points in
copyright guidelines that rule our libraries as to how, what, where and why we
are able to copy certain papers. This book also talks about the guidelines for
"classroom copying" and for-profit institutions which have been
prepared by a group, which is the Authors League of America, the Association of
American Publishers and a Committee of Educational Institutions and
Organizations. Fair Use Guidelines that have been developed are by a group
called College & University Multi-Media Centers (CCUMC). It goes into detail
and describes "safe harbor" content. It has an excellent bibliography
in the back of the book about maintaining, building and supporting a
"virtual reference desk."
The second book that I wish to discuss is the
title Digital Property: Currency Of the 21st Century.
Lesley Ann Harris is a Toronto-based copyright lawyer and a frequent speaker
throughout North America. Digital property is in any content on your computer or
on the Internet. She talks about a new language including phrases we are
familiar with like the "information highway" or "digital
economy." Other topics include how we can find, store and distribute
content on the internet and how we can make money using it. She discusses the
new U.S. Task Force Report on "Intellectual Property and the National
Information Infrastructure." She regards the web as the "world’s
largest library because it contains such a wealth of text, images, music, video
clips, recorded interviews, speeches, conversations which is available for free
to the public." (1) There is also a chapter discussing
electronic commerce and making money through credit cards and how society will
see an increase in electronic money or cybercash, as it becomes more popular in
the years to come.
An example of libraries digitizing their
collections is the George Bush Digital Library which consists of "36
million pages of documents, 1.5 million photographs, 6,000 hours of video and
40,000 museum artifacts." (1) She also devotes some of the chapter to
virtual libraries and explains services being provided in some communities as
related to geography, recreation and local businesses. She shows how to set up
and sell digital property on the Internet and discusses statutory and copyright
collectives and regulations. Chapter four is devoted to "value digital
property" who has the rights on the Web and factors to consider when the IP
is being created and licensed. Chapter five contains information on license
agreements/contracts, clauses in license agreements, definitions, e-rights,
usage, copyright ownership in digital works, copyright warnings and warranties.
This book was good in describing the agreements, copyright law, tips and traps
to avoid if at all possible. It also gives a historical perspective on the world’s
first copyright law and how the law works in different countries and who is
basically protected by it.
Copyright in Cyberspace: Questions and
Answers for Librarians is a good collective source book for
historical applications of copyright law to cyberspace. It begins with the
British history of copyright and then gives an excellent overview of fair use.
It goes into more detail about recent legislation, like the Sonny Bono Copyright
Term Extension, and explains also about the Uniform Computer Information
Transaction Act. This book not only has a general overview of copyright but it
also includes hyperlinking, framing, browsing, downloading and copying images
from Web pages. Another aspect is legal liability for librarians creating web
pages, URLs and metatags. Other chapters deal with interlibrary loan and
resource sharing and, of course, CONTU Guidelines. It gives the most complete
description of what can be copied, number of copies that can be made, and
guidelines which help us as librarians determine what is allowed. This book was
written as a great helpful easy-to-understand guide which can be applied to help
any library respond to everyday copyright issues.
1. Harris, Lesley Ellen. Digital Property:
Currency of the 21st Century. Toronto: McGraw-Hill Ryerson, 1998,
p. 8-9.
2. Hoffman, Gretchen McCord. Copyright
in Cyberspace: Questions & Answers for Librarians. New
York: Neal-Schuman Publishers, Inc., 2001.
3. Lankes, R.David, Collins III, John W.,
Kasowitz, Abby S., editors. Digital Reference Service in the New Millennium:
Planning, Management and Evaluation. New York: Neal-Schuman Publishers,
Inc., 2000, p. 91.
Laura
Lewis
Henry Ford Hospital
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The MDMLG Nominating Committee has announced the election
results for the 2002-2003 elections.
| President |
Toni Janik |
| Executive Board |
Ellen O'Donnell |
| Nominating Committee |
Carol Attar
Gina Hug
Andrea Rogers |
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Many of you contacted me to express your appreciation at the summary of the
latest NLM Technical Bulletins, so here is this issue’s installment.
March-April, 2002:
 2002 indexing now
includes a new publication type - Patient Education Handout. http://www.nlm.nih.gov/pubs/techbull/ma02/ma02_new_pt.html
As a brief news item, it
was noted that the PubMed Tutorial has been updated.
May-June, 2002 (issue not complete):
On May 15, 2002, a new
version of the NLM Gateway was released. The OLDMEDLINE collection now includes
journal citations for 1957 through 1965.
If it’s not already saved in your Favorites, the Technical Bulletins can be
found at http://www.nlm.nih.gov/pubs/techbull/tb.html
.
Bridget Faricy, RN, MLIS
William Beaumont Hospital
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The Spirited Connection--Liens Animés
The Canadian Health Libraries Association/Association des
bibliothèques de la santé du Canada held its annual conference in Waterloo,
Ontario from May 28-June 1. The program included aboriginal health information
services, as well as complementary and alternative medicine resources,
evidence-based librarianship, and a number of other topics. Lynda Baker
presented a paper "Stories of Dying: Information Needs at the End of
Life."
Some attendees were able to sample alternative and
complementary therapies, including massage, aromatherapy, and therapeutic touch.
I took the class on complementary and alternative medicine,
and I acquired information on the regulation (or lack thereof) of "natural
products" and alternative practitioners.
We had excellent speakers, as well as some of the usual
exhibitors--Swets Blackwell, Ebsco, Login, OCLC, CISTI, MLA, etc.
Speakers included two librarians from Australia, who talked
about providing library services across the time zones and hundreds of miles.
One of them pointed out the difficulties when the Information Technology
department is separated by half a continent from the libraries it serves. Some
of us laughed in agreement with that comment!
I enjoyed the speakers, the visit to the St. Jacobs farmers
market at 7:30 a.m. I bought some rhubarb picked that morning on a Mennonite
Farm, as well as some excellent bread from a nearby bakery!
I don't know if I will make it to Edmonton next year or to
Newfoundland in 2004, but the conferences would be well worth attending if this
one in Waterloo is typical.
Maureen W. LeLacheur
Henry Ford Hospital
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Mark your calendar! Our favorite meeting is just around the corner! This year’s
MDMLG summer luncheon will be held June 20th at the Edsel and Eleanor
Ford House. Thanks to the generous sponsorship of Gale Group publishers in
Farmington Hills, there is no cost to MDMLG members for this welcome opportunity
to join colleagues for a lovely lunch and tour of this grand estate.
The mansion, on Lake Shore Drive, between Eight and Nine Mile roads, was
built by the Fords as a family home and willed to the public by Eleanor Clay
Ford upon her death in 1976. Designed by architect Albert Kahn in the English
cottage style, and complemented by 87 acres of lakefront property beautifully
landscaped by landscape architect Jen Jenson, the 60-room house took three years
to complete. The home is filled with English and French antiques and priceless
works of art gathered by the Fords. For pictures and more information about the
estate, go to http://www.fordhouse.org/.
Registration forms were mailed and were due by June 5th to Andrea
Rogers at Bon Secours Cottage Health Services. The lunch menu offers a choice of
Chicken Pastry Puff or Florentine Quiche as a main entry, accompanied by a
salad, roll, beverage, and chocolate mousse for dessert. Registration will be
from noon to 12:30, with lunch from 12:30 to 2:00. After lunch, Ellen Bowden
will talk about Gale Group’s special resources in medicine and health.
Following the program those who wish may tour the house and grounds. The tour
will include the Playhouse, built for Josephine Ford on her 7th
birthday, as a gift from her grandmother.
Kudos for planning this meeting go to
both Andrea Rogers and Diane O’Keefe, who shared the responsibility!
Carol Attar
Attar Associates
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Mark your calendars for the 29th annual Michigan Health Sciences
Libraries Association Fall Education Conference, to be held October 16-18, 2002
at the Campus Inn in the heart of Ann Arbor. The theme of the conference is
"Mastering the Information Maize." MDMLG is the host.
This year’s keynote speaker will be Dr. Robert Schumacher, Associate
Professor, Pediatric & Communicable Diseases Department, University of
Michigan.
Three continuing education courses will be held at the conference. A full day
course, The Business Case, is being taught by Rosalind Lett. In addition, two
half day courses will be offered: Palmtop Computers in the Library, taught by
Mari Stoddard and Finding the Best Evidence to Meet Nursing Information Needs,
taught by Peg Allen.
All work and no play makes for very cranky librarians. This year’s special
event includes dinner at the Pendleton Room in the Michigan Union. Attendees
will be entertained by the Kevin Gio Trio while they dine. Afterwards, tours of
the University of Michigan Museum of Art will be given, and a Digital Scavenger
Hunt will be held.
Look for your registration in the mail around the beginning of July 2002.
Please note: the hotel will release our block of rooms 60 days before the
conference (August 16, 2002). To ensure you get a room at the conference rate be
sure and make your reservation early.
Alexia Estabrook
Providence Hospital and Medical Centers
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Volunteers are needed to staff the Registration and Hospitality tables at the
MHSLA conference in October. Contact Diana Balint (balint@pilot.msu.edu)
for more information or to sign up.
Congratulations to Bridget Faricy on her recent engagement to Mathew Beredo, an
attorney from Cleveland. The wedding date is January 10, 2003 at St. John's
Seminary in Plymouth. They will be settling in Cleveland.
The MHSLA Research Committee has mailed a survey to randomly selected physicians
throughout the state. The survey is to test the hypothesis that the hospital
library is a physician recruitment and retention tool. Contact Carole Gilbert (cgilbert@providence-hospital.org)
for more information.
Karin Werner is now working at Plunkett & Cooney, a law firm specializing in
the defense of physicians and healthcare institutions. You may e-mail her at kwerner@plunkettcooney.com.
Mary Carr is the new director of the medical library at Mt. Clemens General
Hospital. Her e-mail address is mcarr@mcgh.org.
The library at St. John Detroit Riverview Hospital is not currently staffed.
Team MDMLG Co-Captains Sandra Studebaker and Wendy Wu sincerely thank everyone
who supported the team entry in this year's Detroit Race for the Cure whether by
active participation, monetary contribution, or organizational support and
encouragement. Sandra’s report on this year’s Race is on the MDMLG web page
at http://www.mdmlg.org/race-for-the-cure-2002.htm
The Toxnet class scheduled for Tuesday, June 11, at Wayne State University has
been cancelled. A new search interface has been activated for Toxnet, requiring
a new training manual. This manual has not been completed yet, and therefore
will not be ready for the June class. NLM will keep us informed of their
progress and, when ready, will reschedule this class at Wayne. All other NLM
classes scheduled for Wayne State in June will proceed as scheduled.
Upcoming Dates:
| June 10, 2002 |
Keeping Up with NLM's PubMed, the NLM Gateway and
ClinicalTrials.gov workshop at Shiffman Medical Library |
| June 12 & 13, 2002 |
Introduction to Web-Based Searching: Using PubMed,
the NLM Gateway and ClinicalTrials.gov workshop at Shiffman Medical
Library |
| June 20, 2002 |
Summer luncheon at Edsel & Eleanor Ford House |
| Sept. 19,2002 |
MDMLG meeting at Children’s Hospital |
| Oct. 16-18, 2002 |
MHSLA Conference in Ann Arbor |
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Communications Committee 2001-2002
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