HealthLawProf Blog

Editor: Katharine Van Tassel
Akron Univ. School of Law

A Member of the Law Professor Blogs Network

Monday, October 27, 2014

Fear Mongering by Executive Order

A few days ago the appointment of Ron Klain as the White House’s Ebola czar and Karen DeSalvo as acting assistant secretary at HHS promised an end to the fragmented response to Ebola from our health agencies. The CDC also stepped up its game with new guidances while Homeland Security’s screening at the five major gateways seemed more proportionate than politicized fear mongering proposals to close our borders or institute wrong-headed travel bans. For a while there was the promise of a measured, national response.

Of course, the unthinkable happened. An MSF doctor, one of the few heroes of this tragedy, rode on a subway in New York and went bowling! Dr. Craig Spencer, who had been responsibly monitoring his condition since his return from West Africa immediately notified health authorities and is now being treated at Bellevue Hospital.

 At which point everything fell apart. New Jersey Governor Christie issued Executive Order 164 and his colleagues in New York and Illinois followed with similar but not identical emergency orders. Thereafter, apparently symptom-free MSF nurse Kaci Hickox made the mistake of landing at Newark and soon found herself in isolation. Given the text of Executive Order 164, Ms. Hickox seems to be in a bad place legally. Habeas corpus aside  persons in her position must hope that there is rapid deployment and reliance on the new one-hour PCR Ebola tests that have received emergency authorization from the FDA.

The immediate question is whether disproportionate state responses will stop here or spread to other locations with designated gateways for West African passengers? Worse, will governors of states without such international communication hubs issue similar emergency orders, not because their states are under threat but to show they are "tough on Ebola”? Unfortunately,  Florida with its new "twice-daily health evaluations" order may be the canary in that particular coal mine. 

Disincentivizing heroic health care workers attempting to stop Ebola at its source is not the only problem with these state orders. Harsh, emergency rules create expectations that our border and health officials will execute them, promoting officious mission creep, while abandoning a national approach promotes fragmentation and encourages dysfunction. Worse, draconian and disproportionate responses create fear where prevailing medical science tells us there should only be concern. And, in the unlikely event that the science was wrong and things were to get worse, officials are left with nowhere to go.

October 27, 2014 | Permalink | Comments (0) | TrackBack (0)

Saturday, October 25, 2014

The Ebola "Czar"

In the wake of Craig Spencer’s decision to go bowling in Brooklyn, governors of three major states—Illinois, New Jersey, and New York—have imposed new Ebola quarantine rules that are inconsistent with national public health policy, are not likely to protect Americans from Ebola, and may compromise the response to Ebola in Africa, as health care providers may find it too burdensome to volunteer where they are needed overseas. Don’t we have an Ebola czar who is supposed to ensure that our country has a coherent and coordinated response to the threat from Ebola?

Of course, the term “czar” was poorly chosen precisely because Ron Klain does not have the powers of a czar. He will oversee the federal response to Ebola, but he cannot control the Ebola policies of each state. Unfortunately, on an issue that demands a clear national policy that reflects medical understanding, public anxieties will give us something much less desirable.

[cross posted at Bill of Health and PrawfsBlawg]

October 25, 2014 in CDC, Global Health, Policy, Politics, Public Health, Public Opinion, Science and Health | Permalink | Comments (0) | TrackBack (0)

Friday, October 24, 2014

Guest Blogger Research Fellow and Lecturer in Law Tara A. Ragone: Valuable Internet Resource Focused on Healthcare Cost Containment and Competition


Ragone_lg_1Jaime King and colleagues at UCSF/UC Hastings Consortium on Law, Science & Health Policy have been busy building a rich web resource devoted to promoting cost control and competition in health care. The Source for Competitive Healthcare seeks to create a one-stop shop for academics, journalists, state attorneys general, and potential litigants by “posting news articles, policy papers, academic articles, litigation documents, and legislative/regulatory materials, as well as legal and policy-based analysis of those materials,” focused on “market issues, such as provider leverage and reform efforts, including the promotion of price transparency in healthcare.”

The site is relatively new and actively seeking content and feedback, but it already is a valuable treasure trove of information. The Litigation/Enforcement and Legislation/Regulation tabs immediately caught my eye. Each offers an interactive map of the United States highlighting states that are active in this space with links to pleadings, proposed statutory and regulatory language, and other primary sources in addition to analyses. I am exploring ways to weave these resources into simulations in my health law skills class this spring. 

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October 24, 2014 | Permalink | Comments (0) | TrackBack (0)

Guest Blogger Professor Seema Mohapatra: The Role of Physicians in Counseling Women Seeking Elective Egg Freezing: Providing Heightened Informed Consent

MohapatraCurrently, 70% of Apple’s employees are male, and 69% of Facebook’s employees are male. In an effort to recruit and retain more female employees, Facebook and Apple announced earlier this week that they were offering to pay up to $20,000 for egg freezing as a luxury perk. Egg freezing is an expensive process, costing about $10,000 per retrieval and $500 a year for storage. Since, the announcements, much has been discussed about the ethics of offering this technology by an employer, about the need for family friendly work policies, and how this may affect the atmosphere in the workplace for women who choose not to delay motherhood. However, what has been missing in the conversation is the role of a physician in counseling women who seek to freeze their eggs to delay fertility. Already, more companies, such as Virtus Health in Australia, are following Facebook and Apple’s lead, and offering egg freezing as a benefit. If women decide to take advantage of this benefit in greater numbers, because now cost is not a barrier, we need to ensure that physicians give women the realistic view of egg freezing before women decide to undergo the invasive procedure to freeze their eggs.

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October 24, 2014 | Permalink | Comments (0) | TrackBack (0)

Thursday, October 23, 2014

Published This Week

Rowell on How Fear Can Help Fight Ebola


Editors Note: Professor Rowell explores these issues in more depth in her important article, "Regulating Fear: The Case of Ebola in the United States", which is a must read, and is available here. The text of the following opinion first appeared on RegBlog, which is produced in conjunction with the Penn Program on Regulation at the University of Pennsylvania, and has also appeared on the Illinois Law Faculty Blog.
A rash of recent news stories have documented Americans’ increasing fear of Ebola. That fear is unpleasant, and it can be costly and even dangerous. But it also can be an opportunity for the government officials who will be coordinating the federal response to outbreak risk.

Early agency attempts to communicate with the public about Ebola have focused on bare facts and bare numbers. On this score, the Centers for Disease Control and Prevention (CDC) and Ron Klain, President Obama’s new “Ebola czar,” can do better.

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October 23, 2014 | Permalink | Comments (0) | TrackBack (0)

Wednesday, October 22, 2014

Ebola? No, It’s Our Health Care System

Cross-posted from Bill of Health

The enormity of the tragedy in West Africa remains hard to appreciate even as Ebola begins to migrate into developed countries. In the U.S. mindless panic stoked by the 24 hour news cycle and fear-mongering politicians are not the only familiar phenomena. In important ways our “Ebola crisis” is only tangentially related to a malicious virus and has much more to do with the state of our health care system. Consider the following “Ebola issues”

  1. Ebola has been marked by uncertainty as to federal and state responsibilities for infectious disease policy, prevention and reaction. Sadly, first impressions have been confirmed by the appointment of an Ebola “czar”, a sure sign that various branches of government have not been playing well together. Such regulatory fragmentation and lack of coordination is not new. Health care is our most regulated industry emanating from a bewildering array of legislation and regulation enforced by innumerable and frequently dysfunctional federal and state agencies.
  2. That lack of coordination has been replicated at the local level between agencies and healthcare institutions and between multiple institutions. Regional or local planning appears to be missing or only reactive. In a post-Katrina, post-swine flu world it seems extraordinary that there were not cogent plans waiting to be executed. Of course “There are only four in the U.S. with special isolation units designed to contain biohazards like Ebola” but why weren’t there plans to utilize them? Even now how many localities have a plan to handle, say, a major outbreak by using a centralized, tertiary care facility?
  3. We don’t know exactly what happened at Texas Health Presbyterian Hospital in Dallas (although some reports are now quite detailed). At the least there are suspicions of fragmentation and lack of coordination within the hospital. That shouldn’t be a surprise. In too many healthcare institutions inadequate systems, lack of teamwork, ambiguity at hand-offs, etc., stubbornly remain part of the narrative.
  4. In Dallas one or several healthcare workers made a mistake. And, if it is true that Thomas Duncan’s blood was transported through the hospital’s pneumatic tube system, so did the facility. It is now 15 years since the publication of To Err is Human. How can it be that preventable adverse events are now the number 3 killer in the U.S. after heart disease and cancer? Just last week a major hospital in Los Angeles recently suspended elective surgeries after an outbreak of surgical infections. Why would we believe that such institutions could handle a case or two of Ebola?
  5. Press reports suggest that affected healthcare institutions had either inadequate protocols in place to combat a contact virus like Ebola or that protocols were not properly implemented or followed. Thankfully, the CDC now seems to be working hard to provided updated protocols and guidance. Yet, overall, many healthcare system stakeholders treat protocols or clinical practice guidelines as optional. The Affordable Care Act’s section 3501 mandate to AHRQ has never looked more vital.
  6. The tragedy of Thomas Duncan’s death was almost instantly overshadowed by a blame game. Someone or something must have been responsible—the CDC, doctors, nurses, the victim, even technology. Once again the urging of the IoM in To Err to concentrate on system and process reform and move away from individual blame seems to have been ignored. Notwithstanding, because we lack any sensible alternative compensation system some healthcare institutions or workers, maybe even airlines could face liability claims and in some cases an OSHA investigation.
  7. Even seasoned observers of the culture of blame in healthcare likely were surprised to see the Dallas hospital throw their electronic health records system under the proverbial bus. As David Blumenthal later noted the problem in Dallas was “humanware, not the software,” but also reflected on how “providers’ unhappiness with EHRs reflects profound underlying dysfunctions in our health care system.” Sadly that instinctive criticism of the facility’s EHR illustrates a dislike of HIT in hospitals caused by underperforming technologies and poor integration into clinical workflows. Further the general failure of the meaningful use subsidies to improve interoperability does not bode well for tracking patients during large outbreaks, or supplying CDC with good data to plug into its predictive analytics models.
  8. Of course once the blame game starts almost anything can be criticized and HIPAA has long carried a large target on its back. In the case of the Ebola patients in Dallas HIPAA apparently is simultaneously both too leaky and insufficiently transparent. However, at the moment there seems little need to dispense with our general rules protecting patients’ confidential information. Public health authorities already have access to the PHI they need.  And, if there was to a major Ebola outbreak such that the President declared a public health emergency the HHS Secretary can waive some HIPAA rules for hospitals that have instituted an emergency protocol. On a related note the Americans with Disabilities Act (ADA) imposes some privacy-like requirements, for example by limiting the amount of information that can be required of an employee and placing limitations on requiring medical examinations.

In short almost every issue raised so far is not Ebola (or even pandemic) specific but further evidence that the Affordable Care Act was only a baby step towards righting our health care ship. As my colleague Fran Quigley observed about the ongoing catastrophe in Africa, “functioning health systems have proved elusive for the world’s poor.” But here we should be able to do better.

October 22, 2014 | Permalink | Comments (0) | TrackBack (0)

Friday, October 17, 2014

Egg Freezing and Women's Decision Making

The announcement by Apple and Facebook that they will cover the costs of egg freezing predictably provoked some controversy—predictably because it involves reproduction and also because too many people do not trust women to make reproductive decisions.

Interestingly, the challenge to women’s autonomy can come from both sides of the political spectrum, as has happened with several assisted reproductive technologies. Scholars on the left criticized surrogate motherhood on the ground that surrogates were exploited by the couple intending to raise the child, and other new reproductive technologies are criticized on the grounds that women will feel obligated to use them rather than free to use them. Indeed, this concern about coercion drives some of the objections to egg freezing.

Some women freeze their eggs because they face infertility from cancer chemotherapy; other women may not have found a life partner and want to suspend their biological clock until that time comes.

But some observers worry that with the option of egg freezing, some women will succumb to the pressures of the workplace and choose egg freezing not because they really want to but because they feel that have to. After all, if a woman can delay procreation and put in long hours at the office, why shouldn’t she do so? Employers might think that women who forgo egg freezing are not really committed to their jobs.

These concerns are legitimate, but are people too willing to invoke them? Egg freezing is not a simple procedure, nor is its success a certainty. Even if covered by insurance, women are not likely to choose egg freezing lightly. We should worry that egg freezing critics may be too ready to question the decision making capacity of women contemplating their reproductive choices.

[cross-posted at Bill of Health and PrawfsBlawg

October 17, 2014 in Bioethics, Biotech, Science and Health | Permalink | Comments (0) | TrackBack (0)

Thursday, October 16, 2014

Published This Week

Guest Blogger Research Fellow and Lecturer in Law Tara A. Ragone: Experimenting with Transparency and Decision Support to Inform Health Plan Selection

Ragone_lg_1As we prepare for the second open enrollment period for the health insurance marketplaces to begin in just over one month, transparency offers a potential means of empowering consumers to make better decisions regarding the health plans they choose.

Some states are making strides in this area. The New Hampshire Insurance Department was an early leader on the transparency front, creating a website called NH HealthCost in 2005 to provide information on the costs of medical services based on claims data collected from the state’s insurers and stored as part of the Comprehensive Health Care Information System. Although the site was down for months earlier this year because of problems encountered when it changed vendors, it is back up and running and promises that “significant changes” are in store. Currently, however, it only offers data on the costs of a few dozen medical services, such as MRIs, CT scans, ultrasounds, X-rays, colonoscopies, and emergency room visits.

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October 16, 2014 | Permalink | Comments (0) | TrackBack (0)

Introducing Guest Blogger Research Fellow and Lecturer in Law Tara A. Ragone

HealthLawProf Blog is very pleased to welcome the second of our bloggers for the month of October, Research Fellow and Lecturer in Law Tara A. Ragone. The following is her short bio: 

Ragone_lg_1Tara Adams Ragone joined the Center for Health & Pharmaceutical Law & Policy as a Research Fellow and Lecturer in Law in 2011. Her research and writing for the Center focus on implementation of health care reform, accountable care organizations, health care access, prescription drug abuse, and issues related to the representation of health care professionals. Ms. Ragone also developed and teaches a health law skills course that explores substantive law and skills specific to three common health law practice settings. She also advises the health law moot court team and regularly contributes to Seton Hall Law’s Health Reform Watch blog.


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October 16, 2014 | Permalink | Comments (0) | TrackBack (0)

Wednesday, October 15, 2014

Google Health Chats? Caveat Doctor

Cross-posted from Bill of Health

Recent speculation about healthcare disruption seems to have moved away from HIT to mHealth (discussed here). Apple has fueled this trend with its launch of sensor-laden iPhones and the new Apple Watch, iOS 8’s Health app and the HealthKit API framework. The future, we are told, is in mHealth provided by our phones and wearables notwithstanding that we have yet to solve data protection and other issues associated with the new devices.

Over the last few days leaks have suggested that web behemoths Facebook and Google may have their own takes on the future of healthcare. Reuters reports that Facebook is doing, lets face it, what you would expect—creating online “support communities” for patients with similar conditions and diseases.and creating “preventative care” applications. Now, Engadget reports that Google is testing a new service that offers chats with doctors when a user searches for symptoms. The service seems related to Google Healthcare Helpouts, a video telemedicine platform that launched a year ago to some on-line speculation about healthcare disruption but which today seems limited to a small number of mostly non-physician therapists, family counsellors, coaches or other advisors. 

The twitter (@nicolasterry) chatter this morning speculated on how Google would comply with HIPAA if such a service exists. But, of course, Google is not a HIPAA covered entity. On the other hand, the doctor offering to chat with the patient presumably is. As with Healthcare Helpouts, therefore, Google likely will be the doctor’s business associate (“Helpouts providers can enter into a BAA with Google when they create a listing on Helpouts”). Obviously we will need more information to assess such a relationship. While some Google services seem to offer HIPAA compliance not all do. At the moment it is unclear the extent that Helpouts, its chat function and the storage of any data generated would comply with both the privacy and security rules.

Some of the more interesting questions about this new service concern state not federal law. If Google follows its Helpouts model it will require credentialing of the doctors providing the services raising the specter of actions for negligent credentialing against Google. 

However, it is the doctors involved that seem to face the greatest legal jeopardy. There is one outlier on the moribund-looking Google Healthcare Helpouts roll, the One Medical Group that offers state specific medical consultations to its current members. Note those closely worded limitations. Therein lies the problem. State law is going to throw several barriers in the way of the new Google service. First, opening that chat window is also going to open a physician-patient relationship with all the legal (and ethical) implicationsthat follow. Second, some states will require all the information collected during the encounter to be documented in the patient’s medical record. Most importantly, however, it would seem hard for Helpout doctors to argue that chat encounters are anything but the “practice of medicine.” State medical boards and their regulations are astoundingly sensitive to doctors practicing across state lines or treating patients out of their physical presence

So this really is a case of caveat doctor. There are enough legal issues here for a law school exam (bonus points for any discussion of Google and the corporate practice of medicine) suggesting an abundance of caution. In part, that is a shame. We are still dismally far from providing low cost, 24×7 convenient access to medical advice and services and just-in-time medical services triggered by a symptoms search seems an attractive innovation. On the other hand, like clinics in retail stores or urgent care centersGoogle’s medical chat seems more likely to increase fragmentation than solve it and, in the process, risk some medical licenses.

October 15, 2014 | Permalink | Comments (0) | TrackBack (0)

Saturday, October 11, 2014

Call for Health Law Participants for SEALS 2015 Meeting

Dear colleagues,

The SEALS 2015 meeting is at the Boca Raton Resort & Club in  Boca Raton, Florida, from July 27 to Aug. 2, 2015. In past years, we have collected expressions of interest in health law programming, helped facilitate groupings into panels and discussion groups and were successful in creating a workshop of a few days of sequential programming to make travel and attendance easier.  

If you are interested in participating, please enter your thoughts on this form  by October 15.  After the 15th, I will share the submissions and we can organize  for submission through the SEALS system by Oct 31.  Hopefully, we can consolidate the health law offerings into a workshop day or two sequential days like 2013 and 2014. The SEALS guidelines about submission types can be viewed here if you would like more information about the rules that apply to panels and discussion groups. 

You are absolutely welcome to propose directly through the SEALS site instead or if you have done so already, feel free to let me know so we can include you in this process.  Of course, please let me know if you have any questions. 

Kelly K. Dineen, JD, RN, PhD(c)
Assistant Professor of Health Law & Ethics
Albert Gnaegi Center for Health Care Ethics &
Saint Louis University School of Law 
Center for Health Law Studies 

October 11, 2014 | Permalink | Comments (0) | TrackBack (0)

Published This Week

Michele Goodwin, Fetal Protection Laws: Moral Panic and the New Constitutional Battlefront, 102 Cal. L. Rev. 781 (2014).

Yvonne F. Lindgren, From Rights to Dignity: Lessons from the Movements for Physician-Assisted Death and Reproductive Rights, SSRN.

Julie Tannenbaum, The Promise and Peril of the Pharmacological Enhancer Modafinil, 28 Bioethics 436 (2014).

Jonathan Pugh, Embryos, the Principle of Proportionality, and the Shaky Ground of Moral Respect, 28 Bioethics 420 (2014).

H.C.M.L. Rodrigues, P.P. van den Berg, Randomized Controlled Trials of Maternal‐Fetal Surgery: A Challenge to Clinical Equipoise, 28 Bioethics 405 (2014).

Paul Fronstin, M. Christopher Roebuck, Quality of Health Care After Adopting a Full-Replacement, High-Deductible Health Plan With a Health Savings Account: A Five-Year Study 404 EBRI Issue Brief 4 (2014).

Steve Calandrillo, Chryssa V. Deliganis, In Vitro Fertilization and the Law: How Legal and Regulatory Neglect Compromised a Medical Breakthrough, Ariz. L. Rev. (Forthcoming, 2015).

Amanda Zibners Naprawa, Dorit Rubinstein Reiss, Medical Advice and Vaccinating: What Liability?, SSRN.

James G. Hodge, The Changing Nature and Scope of Public Health Emergencies in Response to Annual Flu, 11 Biosecurity & Bioterrorism: Biodefense Strategy, Practice, & Sci. 142 (2014).

Thaddeus Mason Pope, Legal Briefing: Brain Death and Total Brain Failure, 25 J. of Clinical Ethics 245 (2014).

Marc A. Rodwin, Compensating Pharmaceutical Injuries in the Absence of Fault62 Food & Drug L. J. 448 (2014).

Marc A Rodwin, Justin Silverman, Why the Medical Malpractice Crisis Persists Even When Malpractice Insurance Premiums Fall, 25 Health Matrix, (Forthcoming, 2015).

Zack Buck, Breaking the Fever:  A New Construct for Regulating Overtreatment, 48 U.C. Davis Law Review (Forthcoming, 2015).


October 11, 2014 | Permalink | Comments (0) | TrackBack (0)

Thursday, October 9, 2014

Uterus Transplants?

While controversial among some ethics experts, uterus transplantation has been performed several times, most commonly in Sweden. A few weeks ago, a mother for the first time gave birth to a baby gestated in a transplanted uterus.

Should we worry about uterus transplants? Transplanting life-extending organs, like hearts, livers, lungs and kidneys, has become well-accepted, but observers have raised additional questions about transplantation for life-enhancing body parts like faces and hands. As long as transplant recipients have their new organs, they must take drugs to prevent their immune systems from rejecting the transplanted organs. The risks can be substantial. For example, the immunosuppressive drugs put people at an increased risk of cancer. It is one thing to assume health risks for the possibility of a longer life, but are the risks of being a transplant recipient justified by improvements in the quality of life?

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October 9, 2014 in Bioethics, Biotech, Innovation | Permalink | Comments (0) | TrackBack (0)

Wednesday, October 8, 2014

Too Much Information? GM Food Labeling Mandates

As NPR reported yesterday, voters in Colorado and Oregon will decide next month whether foods with genetically-modified (GM) ingredients should be identified as such with labeling. And why not? More information usually is better, and many people care very much whether they are purchasing GM foods. Moreover, it is common for the government to protect consumers by requiring disclosures of information. Thus, sellers of securities must tell us relevant information about their companies, and sellers of food must tell us relevant information about the nutritional content of their products.

Nevertheless, there often are good reasons to reject state-mandated disclosures of information to consumers. Sometimes, the government requires the provision of inaccurate information, as when states require doctors to tell pregnant women that abortions result in a higher risk of breast cancer or suicide. At other times, the government mandates ideological speech, compelling individuals to promote the state’s viewpoint. Accordingly, the First Amendment should prevent government from requiring the disclosure of false or misleading information or of ideological messages. (For discussion of abortion and compelled speech, see this forthcoming article.)

What about GM labeling? Is this similar to requiring country-of-origin labeling for meat and produce, a policy upheld by the D.C. Circuit earlier this year? GM labeling likely will mislead more than inform. Many people harbor concerns about genetic modification that are not justified by reality. In particular, as the NPR report indicated, researchers have not found any risks to health from eating GM foods. Indeed, genetic modification can promote better health, as when crops are fortified with essential vitamins or other nutrients. For very good reasons, GM foods run throughout the food supply, whether from traditional forms of breeding or modern laboratory techniques. Thus, the American Association for the Advancement of Science has concluded that GM labeling “can only serve to mislead and falsely alarm consumers.”

[cross-posted at PrawfsBlawg and]

October 8, 2014 in Biotech, Consumers, Environmental Health, Food, Genetics, Public Health, Science and Health, Technology | Permalink | Comments (0) | TrackBack (0)

Tuesday, October 7, 2014

Guest Blogger Assistant Professor Jennifer A. Brobst and Keegan Warren-Clem, Esq.: Why Health Law Should Take The Lead In Addressing Secondary Traumatic Stress Among Attorneys And Judges

BrobstHealth law need not focus externally on clients only, but should embrace the medical and mental health needs of its own at-risk practitioners. While more has been discussed with regard to addiction, depression and suicide in the legal profession, primarily relegated to Lawyer Assistance Program CLEs, there is a growing awareness of the need to include traumatic stress in the discussion of serious mental health concerns facing attorneys. The last two decades have presented important gains in psychological research and understanding of traumatic stress, research which the legal profession should be embracing to improve the well-being of its own practitioners.

While some attorneys are directly exposed to traumatic and shocking events in the course of their representation, such as a violent assault in a courtroom or witnessing a client suicide, more often attorneys are repeatedly exposed to clients who themselves have been exposed to trauma. Some legal areas of practice are more susceptible to this exposure and its attendant risk of secondary traumatic stress, including, for example, immigration law, criminal law, poverty law, family law, domestic violence law, mental health and disability law, and the law of child abuse and neglect. Unfortunately, the legal profession is one of the last to examine itself with respect to risks of traumatic stress, where law enforcement, medicine, EMS, psychology and social work have all engaged in a much more extensive examination over the past several decades to ameliorate and prevent professional secondary traumatic stress (see Brobst 2014 below).

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October 7, 2014 | Permalink | Comments (0) | TrackBack (0)

Monday, October 6, 2014

Health Law Events at AALS 2015

If you are a health law professor attending the January 2015 AALS Annual Meeting in Washington, DC, there is robust programming in our area of teaching and scholarship.  There are at least six distinct health law events summarized below. 

In addition, please consider serving as a commentator as part of a new “Works in Progress for New Law Teachers” program by the Section on Law, Medicine and Health Care.  This Saturday evening session is comprised of three separate concurrent roundtables with the junior authors identified below.  If you can participate, please contact chair-elect Thaddeus Pope (

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October 6, 2014 | Permalink | Comments (0) | TrackBack (0)

Published This Week

Thank you to August's and September's Guest Bloggers

HealthLawProf Blog would like to thank our wonderful August and September guest bloggers, Associate Dean and Associate Professor Joanna K. Sax, Visiting Assistant Professor Valerie Gutmann Koch, Assistant Professor Jennifer A. Brobst, Professor Wendy Parmet, Associate Professor Diana R.H. Winters, Assistant Professor Kelly Dineen. Here is a short recap of their posts:


Associate Dean and Associate Professor Joanna K. Sax posted the following: What are GM Foods?, Is Fracking Good or Bad?, The Regulation of Dietary Supplements, and Separating Fact from Fiction.

Visiting Assistant Professor Valerie Gutmann Koch posted the following: FDA Announces Plans to Regulate LDTs (But What About DTC Genetic Tests?), Ventilator Allocation in a Pandemic, How an Obligation to Return Research Results Is (and Should be) Changing the Investigator-Participant Relationship, and Bioethics Fact and Fiction in Lifetime’s The Lottery.


Assistant Professor Jennifer A. Brobst posted the following: The Global Ebola Health Crisis – Counteracting The Western Media’s Privilege And Prejudice In The Classroom, A Lesser Right to Die for Pregnant Women, and Whether The Movement To Criminalize Revenge Porn Will Serve As An Effective Coercive Public Health Strategy.

Professor Wendy Parmet posted the following: Ebola and the Return of Quarantine, Defining Public Health Emergencies, King v. Governor of the State of New Jersey: Applying the First Amendment to Laws Regulating Physician Speech, and Expelling Immigrants from the Exchanges.

Associate Professor Diana R.H. Winters posted the following: Designing policy interventions in the context of obesity—what we can learn from the effects of cigarette taxes on children’s health, Questioning Quorn, and So Much, But Yet Not Enough - The Administration’s Plan to Combat Antibiotic Resistance.

Assistant Professor Kelly Dineen posted the following: Mentally Ill While Black and Pain, Complexity, and Opioids.

October 6, 2014 | Permalink | Comments (0) | TrackBack (0)