Complementary and Alternative Medicine
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Complementary and Alternative Medicine: Legal Boundaries and Regulatory Perspectives

Complementary and Alternative Medicine: Legal Boundaries and Regulatory Perspectives


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About the Book

A third of all Americans use complementary and alternative medicine - including chiropractic, acupuncture, homoeopathy, 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 US 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. The author of this study contends that these institutional and legislative developments express a paradigm shift to a broader, more inclusive vision of healthcare than conventional medicine admits. Cohen explores the legal issues which healthcare providers (both conventional and alternative), institutions and regulators confront as they contemplate integrating complementary and alternative medicine into mainstream US healthcare. Challenging traditional ways of thinking about health disease and the role of the law in regulating health, he begins by defining complementary and alternative medicine and then places the regulation of orthodox and alternative healthcare 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-pary reimbursement. The final chapter offers a framework for thinking about the possible evolution of the regulatory structure, suggesting how it might develop to support a comprehensive, holistic and balanced approach to health, that permits integration of orthodox medicine with complementary and alternative medicine, while continuing to protect patients from fraudulent and dangerous treatments.

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

About the Author :
Michael H. Cohen is associate professor of law at Chapman University School of Law in Orange, California.

Review :
"This is a concise, authoritative synthesis of biomedicine, alternative medicine, and the regulatory environment. It succeeds admirably in giving the reader a broad view of biomedicine and holistic healing and in outlining the growth, evolution, and eventual dominance of biomedicine to the present when, for various social, political, and medical reasons, alternative medicine is beginning to assert itself."--'Annals of Internal Medicine' "This academic resource tool is a necessary addition to any health practitioner's library. Michael H. Cohen as written a very detailed legal guide for alternative healthcare practitioners...All holistic practitioners should be well-versed in the federal and state laws that affect them. This book does an admirable job of addressing those legal issues pertinents to alternative healthcare providers."--'Alternative Healthcare Management' "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


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Product Details
  • ISBN-13: 9780801856877
  • Publisher: Johns Hopkins University Press
  • Binding: Hardback
  • Language: English
  • Returnable: 01
  • Sub Title: Legal Boundaries and Regulatory Perspectives
  • Width: 152 mm
  • ISBN-10: 0801856876
  • Publisher Date: 30 Mar 1998
  • Height: 229 mm
  • No of Pages: 200
  • Spine Width: 17 mm
  • Weight: 454 gr


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