Complementary and Alternative Medicine: Legal Boundaries and Regulatory Perspectives
Explores the legal issues that health care providers, institutions, and regulators confront as they contemplate integrating complementary and alternative medicine into mainstream U.S. health care.

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.

1101795951
Complementary and Alternative Medicine: Legal Boundaries and Regulatory Perspectives
Explores the legal issues that health care providers, institutions, and regulators confront as they contemplate integrating complementary and alternative medicine into mainstream U.S. health care.

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.

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Complementary and Alternative Medicine: Legal Boundaries and Regulatory Perspectives

Complementary and Alternative Medicine: Legal Boundaries and Regulatory Perspectives

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

Complementary and Alternative Medicine: Legal Boundaries and Regulatory Perspectives

by Michael H. Cohen

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Overview

Explores the legal issues that health care providers, institutions, and regulators confront as they contemplate integrating complementary and alternative medicine into mainstream U.S. health care.

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.


Product Details

ISBN-13: 9780801856891
Publisher: Johns Hopkins University Press
Publication date: 02/02/1998
Pages: 200
Product dimensions: 6.00(w) x 9.00(h) x 0.43(d)
Age Range: 18 Years

About the Author

Michael H. Cohen, Esq., is Assistant Clinical Professor of Medicine at Harvard Medical School and Principal in the Law Offices of Michael H. Cohen.

Table of Contents

Preface and Acknowledgments
Part I: Biomedicine and Holistic Healing
Chapter 1. The Biomedical Paradigm
Chapter 2. The Holistic Healing Paradigm
Chapter 3. Holism and Mechanism
Chapter 4. The Use of Holistic Therapies
Chapter 5. Scientific Substantiation and Methodological Issues
Chapter 6. An Integrated Health Care System
Part II: Biomedical Regulation in Historical Context
Chapter 7. The Emergence of Licensing
Chapter 8. The Development of the Biomedical Community
Chapter 9. The Response of the Regulatory Paradigm
Part III: State Law Regulation of Medicine
Chapter 10. The Police Power Rationale
Chapter 11. Legal Definitions of the Practice of Medicine
Chapter 12. Unauthorized Professional Practice
Part IV: Scope-of-Practice Limitations
Chapter 13. Licensing of Complementary and Alternative Providers
Chapter 14. Legislatively Authorized Boundaries of Practice
Chapter 15. Scope of Practice: The Case of Chiropractic
Chapter 16. Addressing Scope-of-Practice Risks
Part V: Malpractice and Vicarious Liability
Chapter 17. Physicians' Malpractice Liability
Chapter 18. Malpractice by Complementary and Alternative Providers
Chapter 19. Malpractice Liability of Health Care Institutions
Part VI: Access to Treatments
Chapter 20. Treatments Requiring New Drug Approval
Chapter 21. Nutritional Therapies
Chapter 22. Dietary Supplements and Health Chains
Chapter 23. Health Care Freedom
Part VII: Discipline and Sanction
Chapter 24. The Disciplinary Process
Chapter 25. State Medical Freedom Acts
Part VIII: Third-Party Reimbursement
Chapter 26. Voluntary and Mandated Coverage
Chapter 27. Selected Exclusions and Coverage Issues
Chapter 28. Health Care Fraud and Insurance Fraud
Part IX: The Evolution of Legal Authority
Chapter 29. Professional Licensure and Scope of Practice
Chapter 30. Malpractice and Professional Discipline
Chapter 31. Fraud and Health Care Freedom
Chapter 32. Integral Health Care
Chapter 33. Conclusion
Notes
Index

What People are Saying About This

Kenneth R. Pelletier

"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."

From the Publisher

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., Stanford University School of Medicine

Rep. Peter DeFazio

A must read for alternative/complementary advocates, consumers, and practitioners who want a better regulatory framework and better health care.

Rena J. Gordon

"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."

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