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Health Law and Policy Commons

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Articles 1 - 21 of 21

Full-Text Articles in Health Law and Policy

Challenges In Navigating Disability Discrimination And Privacy Laws In Addressing Physician Health, Rick D. Barton Jan 2019

Challenges In Navigating Disability Discrimination And Privacy Laws In Addressing Physician Health, Rick D. Barton

CHLB Scholarship

No abstract provided.


Crispr/Cas-9 Technologies: A Call For A New Form Of Tort, Kendall Lovell Jun 2018

Crispr/Cas-9 Technologies: A Call For A New Form Of Tort, Kendall Lovell

San Diego International Law Journal

Once relegated to the domains of science fiction, modern day scientists and researchers are poised on the precipice of making genome editing clinically available. Once introduced into a clinical setting the effects of an off-target mutation or germline edit will remain largely unknown until health issues arise later in life or in the following generation. The novelty of the injuries that will arise require a system that is able to balance the interests of physicians with single and multi-generational plaintiffs, while providing a realistic framework for courts to follow. This comment offers a brand-new context that accounts for these needs ...


2018 Legal Update: Npdb Reporting, Retaliation, Physician Well Being, And Medical Staff Litigation, Preparing For A Successful Judicial Review Hearing, Rick D. Barton, Natalie V. Mueller Jan 2018

2018 Legal Update: Npdb Reporting, Retaliation, Physician Well Being, And Medical Staff Litigation, Preparing For A Successful Judicial Review Hearing, Rick D. Barton, Natalie V. Mueller

CHLB Scholarship

No abstract provided.


Bylaws: How To Solve And Minimize Difficult Staff Solutions, Rick D. Barton Jan 2017

Bylaws: How To Solve And Minimize Difficult Staff Solutions, Rick D. Barton

CHLB Scholarship

No abstract provided.


Patient Safety, Peer Review, And Credentialing: Navigating Sovereign Immunity And Balancing State And Federal Law In Your Quality Department, Rick D. Barton, Natalie V. Mueller Jan 2017

Patient Safety, Peer Review, And Credentialing: Navigating Sovereign Immunity And Balancing State And Federal Law In Your Quality Department, Rick D. Barton, Natalie V. Mueller

CHLB Scholarship

No abstract provided.


Legal Aspects Of Assessing The Aging Physician—An Update, Rick D. Barton Jan 2016

Legal Aspects Of Assessing The Aging Physician—An Update, Rick D. Barton

CHLB Scholarship

No abstract provided.


Confidentiality & Reporting Requirements For Physician Well-Being Committees, Rick D. Barton, Natalie V. Mueller, Shelly A. Carder, Mitchell J. Green, Tom Curtis Jan 2016

Confidentiality & Reporting Requirements For Physician Well-Being Committees, Rick D. Barton, Natalie V. Mueller, Shelly A. Carder, Mitchell J. Green, Tom Curtis

CHLB Scholarship

No abstract provided.


Retaliation And Healthcare Providers: Navigating Health And Safety Code Section 1278.5, Rick D. Barton Jan 2016

Retaliation And Healthcare Providers: Navigating Health And Safety Code Section 1278.5, Rick D. Barton

CHLB Scholarship

No abstract provided.


New National Practitioner Data Bank Guidebook Impact On Bylaw Standards, Rick D. Barton Jan 2016

New National Practitioner Data Bank Guidebook Impact On Bylaw Standards, Rick D. Barton

CHLB Scholarship

No abstract provided.


Retaliation And Healthcare Providers: Navigating Health And Safety Code Section 1278.5, Rick D. Barton, Natalie V. Mueller Jan 2015

Retaliation And Healthcare Providers: Navigating Health And Safety Code Section 1278.5, Rick D. Barton, Natalie V. Mueller

CHLB Scholarship

No abstract provided.


Managing The Multiple Layers Of Physician Oversight, Rick D. Barton Jan 2015

Managing The Multiple Layers Of Physician Oversight, Rick D. Barton

CHLB Scholarship

No abstract provided.


Medical Staff Boot Camp, Rick D. Barton Dec 2014

Medical Staff Boot Camp, Rick D. Barton

CHLB Scholarship

No abstract provided.


Medical Staff Boot Camp, Rick D. Barton Jan 2014

Medical Staff Boot Camp, Rick D. Barton

CHLB Scholarship

No abstract provided.


Medical Staff Bylaws: Meeting New Medicare Conditions Of Participation And Joint Commission Requirements, Rick D. Barton, Alma L. Saravia, Scott C. Gardner Jan 2014

Medical Staff Bylaws: Meeting New Medicare Conditions Of Participation And Joint Commission Requirements, Rick D. Barton, Alma L. Saravia, Scott C. Gardner

CHLB Scholarship

No abstract provided.


Medical Staff Bylaws: Meeting New Medicare Conditions Of Participation And Joint Commission Requirements, Rick D. Barton Jan 2014

Medical Staff Bylaws: Meeting New Medicare Conditions Of Participation And Joint Commission Requirements, Rick D. Barton

CHLB Scholarship

No abstract provided.


The Dilemma Of The Aging Physician: Legal And Practical Challenges, Rick D. Barton Jan 2014

The Dilemma Of The Aging Physician: Legal And Practical Challenges, Rick D. Barton

CHLB Scholarship

No abstract provided.


Pursuing Quality Through Medical Staff And Physician Oversight, Rick D. Barton Jan 2013

Pursuing Quality Through Medical Staff And Physician Oversight, Rick D. Barton

CHLB Scholarship

No abstract provided.


Legal Aspects Of Assessing The Aging Physician, Rick D. Barton, Jamie D. Quient Jan 2013

Legal Aspects Of Assessing The Aging Physician, Rick D. Barton, Jamie D. Quient

CHLB Scholarship

No abstract provided.


Pursuing Justice For The Mentally Disabled, Grant H. Morris Jun 2005

Pursuing Justice For The Mentally Disabled, Grant H. Morris

University of San Diego Public Law and Legal Theory Research Paper Series

This article considers whether lawyers act as zealous advocates when they represent mentally disordered, involuntarily committed patients who wish to assert their right to refuse treatment with psychotropic medication. After discussing a study that clearly demonstrates that lawyers do not do so, the article explores the reasons for this inappropriate behavior. Michael Perlin characterizes the problem as “sanism,” which he describes as an irrational prejudice against mentally disabled persons of the same quality and character as other irrational prejudices that cause and are reflected in prevailing social attitudes of racism, sexism, homophobia, and ethnic bigotry. The article critiques Perlin’s ...


Mental Disorder And The Civil/Criminal Distinction, Grant H. Morris Sep 2004

Mental Disorder And The Civil/Criminal Distinction, Grant H. Morris

University of San Diego Public Law and Legal Theory Research Paper Series

This essay, written as part of a symposium issue to commemorate the 50th anniversary of the University of San Diego Law School, discusses the evaporating distinction between sentence-serving convicts and mentally disordered nonconvicts who are involved in, or who were involved in, the criminal process–people we label as both bad and mad. By examining one Supreme Court case from each of the decades that follow the opening of the University of San Diego School of Law, the essay demonstrates how the promise that nonconvict mentally disordered persons would be treated equally with other civilly committed mental patients was made ...


Competency To Stand Trial On Trial, Grant H. Morris, Ansar M. Haroun, David Naimark Sep 2004

Competency To Stand Trial On Trial, Grant H. Morris, Ansar M. Haroun, David Naimark

University of San Diego Public Law and Legal Theory Research Paper Series

This Article considers the legal standards for the determination of competency to stand trial, and whether those standards are understood and applied by psychiatrists and psychologists in the forensic evaluations they perform and in the judgments they make–judgments that are routinely accepted by trial courts as their own judgments. The Article traces the historical development of the competency construct and the development of two competency standards. One standard, used today in eight states that contain 25% of the population of the United States, requires that the defendant be able to assist counsel in the conduct of a defense “in ...