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Complementary and Alternative Medicine : Legal Boundaries and Regulatory Perspectives - Michael H. Cohen

Complementary and Alternative Medicine

Legal Boundaries and Regulatory Perspectives

Paperback Published: 2nd February 1998
ISBN: 9780801856891
Number Of Pages: 200
For Ages: 22+ years old

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A third of all Americans use complementary and alternative medicine -- including chiropractic, acupuncture, homeopathy, naturopathy, nutritional and herbal treatments, and massage therapy -- even when their insurance does not cover it and they have to pay for such treatments themselves. Nearly a third of U.S. medical schools offer courses on complementary and alternative therapies. Congress has created an Office of Alternative Medicine within the National Institutes of Health, and federal and state lawmakers have introduced legislation authorizing widespread use of such therapies. These institutional and legislative developments, argues Michael H. Cohen, express a paradigm shift to a broader, more inclusive vision of health care than conventional medicine admits.

Cohen explores the legal issues that health care providers (both conventional and alternative), institutions, and regulators confront as they contemplate integrating complementary and alternative medicine into mainstream U.S. health care. Challenging traditional ways of thinking about health, disease, and the role of law in regulating health, Cohen begins by defining complementary and alternative medicine and then places the regulation of orthodox and alternative health care in historical context. He next examines the legal ramifications of complementary and alternative medicine, including state medical licensing laws, legislative limitations on authorized practice, malpractice liability, food and drug laws, professional disciplinary issues, and third-party reimbursement. The final chapter provides a framework for thinking about the possible evolution of the regulatory structure.

This book is the first to set forth the emerging moral and legal authority on which the safe and effective practice of alternative health care can rest. It further suggests how regulatory structures might develop to support a comprehensive, holistic, and balanced approach to health, one that permits integration of orthodox medicine with complementary and alternative medicine, while continuing to protect patients from fraudulent and dangerous treatments.

Industry Reviews

A must read for alternative/complementary advocates, consumers, and practitioners who want a better regulatory framework and better health care."--Rep. Peter DeFazio, Oregon "This outstanding recommended resource--nearly one-third of the text is devoted to case law and references--belongs on the library shelf of anyone thinking about or involved in health care."--Rena J. Gordon, University of Arizona "A provocative, pioneering, and timely contribution to the future of health care and medical regulation. Professor Cohen provides an original and authoritative synthesis of current regulatory and medical thinking regarding complementary and alternative medicine, together with a comprehensive framework for the evolution of regulatory authority governing alternative treatments and providers. Future discussions by clinical and research professionals in health care law and policy will find this authoritative text to be indispensable."--Kenneth R. Pelletier, Ph.D., M.D. (h.c.), Stanford University School of Medicine

Preface and Acknowledgmentsp. xi
Biomedicine and Holistic Healingp. 1
The Biomedical Paradigmp. 2
The Holistic Healing Paradigmp. 3
Holism and Mechanismp. 6
The Use of Holistic Therapiesp. 8
Scientific Substantiation and Methodological Issuesp. 10
An Integrated Health Care Systemp. 13
Biomedical Regulation in Historical Contextp. 15
The Emergence of Licensingp. 15
The Development of the Biomedical Communityp. 17
The Response of the Regulatory Paradigmp. 21
State Law Regulation of Medicinep. 24
The Police Power Rationalep. 24
Legal Definitions of the Practice of Medicinep. 26
Diagnosis, Treatment, Prevention, and Curep. 26
Holding Oneself Out to the Publicp. 26
Intending to Receive a Fee, Gift, or Other Compensationp. 27
Attaching a Title to One's Namep. 27
Maintaining an Officep. 28
Performing Surgeryp. 28
Using, Administering, or Prescribing Drugsp. 28
Miscellaneous Definitional Provisionsp. 29
Unauthorized Professional Practicep. 29
The Nonlicensed Providerp. 29
Independent Holistic Practicep. 31
Occupational Licensurep. 33
Scope-of-Practice Limitationsp. 39
Licensing of Complementary and Alternative Providersp. 39
Chiropracticp. 40
Massage Therapyp. 41
Naturopathyp. 41
Homeopathyp. 42
Acupuncturep. 43
Lay Practicep. 45
Legislatively Authorized Boundaries of Practicep. 46
Scope of Practice: The Case of Chiropracticp. 47
Nutritional Carep. 47
Colonic Irrigationp. 49
Acupuncture and Other Modalitiesp. 50
Physical Examination and Other Proceduresp. 51
Addressing Scope-of-Practice Risksp. 54
Malpractice and Vicarious Liabilityp. 56
Physicians' Malpractice Liabilityp. 56
The Case of Chelation Therapyp. 56
Informed Consentp. 60
Assumption of Riskp. 62
Malpractice by Complementary and Alternative Providersp. 64
Professional Standards of Carep. 64
Heightened Standard of Carep. 66
Duty to Refer and Misrepresentationp. 68
Malpractice Liability of Health Care Institutionsp. 70
Access to Treatmentsp. 73
Treatments Requiring New Drug Approvalp. 73
Nutritional Therapiesp. 77
Dietary Supplements and Health Claimsp. 79
Health Care Freedomp. 81
Discipline and Sanctionp. 87
The Disciplinary Processp. 87
Homeopathyp. 88
Chelation Therapyp. 90
Ozone Therapyp. 91
State Medical Freedom Actsp. 92
Third-Party Reimbursementp. 96
Voluntary and Mandated Coveragep. 96
Selected Exclusions and Coverage Issuesp. 101
Experimental Treatmentsp. 101
Medically Necessary Treatmentsp. 103
Health Care Fraud and Insurance Fraudp. 104
The Evolution of Legal Authorityp. 109
Professional Licensure and Scope of Practicep. 109
Malpractice and Professional Disciplinep. 111
Fraud and Health Care Freedomp. 112
Integral Health Carep. 114
Conclusionp. 117
Notesp. 121
Indexp. 177
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9780801856891
ISBN-10: 0801856892
Audience: Professional
For Ages: 22+ years old
Format: Paperback
Language: English
Number Of Pages: 200
Published: 2nd February 1998
Country of Publication: US
Dimensions (cm): 22.89 x 15.29  x 1.14
Weight (kg): 0.27