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Health Law and Policy Commons

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University of San Diego

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Articles 31 - 60 of 225

Full-Text Articles in Health Law and Policy

Toward Coherent Federal Oversight Of Medicine, Patricia J. Zettler Jun 2015

Toward Coherent Federal Oversight Of Medicine, Patricia J. Zettler

San Diego Law Review

The conventional wisdom in U.S. health law and policy holds that states regulate medical practice—the activities of physicians and other health care professionals—while the federal government regulates medical products. But relying on states as the principal regulators of medical practice has, at times, driven law and policy in directions that are problematic from a public health perspective, as demonstrated by a deadly 2012 outbreak of fungal meningitis that was linked to a primarily state-regulated practice known as drug compounding. This Article argues that the federalism concerns underlying the conventional wisdom are misplaced. It demonstrates that, contrary to ...


Promoting Completion Of Advance Directives In A Hispanic Religious Congregation: An Evidence-Based Practice Project, Luis Daniel San Miguel, Mary Jo Clark May 2015

Promoting Completion Of Advance Directives In A Hispanic Religious Congregation: An Evidence-Based Practice Project, Luis Daniel San Miguel, Mary Jo Clark

Doctor of Nursing Practice Final Manuscripts

Background: Hispanics utilize more aggressive medical treatment at the end of life and are less likely to receive end-of-life care consistent with their wishes than nonHispanic Whites. Hispanics are less likely than nonHispanic Whites to have an advance directive (AD). Increasing AD completion among Hispanics can promote end-of-life care consistent with their wishes, diminish healthcare disparities, and eliminate unnecessary healthcare spending. Objectives: To promote completion of advance directives by increasing knowledge, positive attitudes, and comfort with advance care planning (ACP) among Hispanics through culturally sensitive interventions. Intervention: The project was conducted in Spanish and implemented among a Hispanic religious congregation ...


When Condoms Fail: Making Room Under The Aca Blanket For Prep Hiv Prevention, Jason Potter Burda Mar 2015

When Condoms Fail: Making Room Under The Aca Blanket For Prep Hiv Prevention, Jason Potter Burda

San Diego Law Review

Given the alarming upward trend in HIV infection rates and the downward trend in condom usage, the United States needs a new approach to HIV prevention. One such approach, HIV pre-exposure prophylaxis, commonly known as “PrEP,” has the potential to significantly reduce HIV incidence. The FDA recently approved a daily dose of Truvada®—an antiretroviral drug that suppresses the virus in HIV-positive individuals—for daily use by high-risk HIV-negative individuals to prevent infection. Despite an efficacy above ninety percent and significant regulatory momentum, this pharmacological prevention modality has proven difficult to implement. This Article addresses the social, legal, and policy ...


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.


After Caronia: First Amendment Concerns In Off-Label Promotion, Stephanie M. Greene Aug 2014

After Caronia: First Amendment Concerns In Off-Label Promotion, Stephanie M. Greene

San Diego Law Review

The government has successfully prosecuted pharmaceutical companies for off-label promotion of drugs, maintaining that such promotion impermissibly undermines the FDA’s premarket approval process and jeopardizes the public health. In several recent cases, however, pharmaceutical companies have alleged that regulations prohibiting such promotion are unconstitutional because off-label promotion is protected under the First Amendment. Two recent U.S. Supreme Court cases contain language that gives broad protection to advertising and marketing in the pharmaceutical field. This Article questions the reach of these cases as applied to the practice of off-label promotion through detailing.


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.


Regulatory Marketing Approval For Pharmaceuticals As A Non-Tariff Barrier To Trade: Analysis Under The Wto's Agreement On Technical Barriers To Trade, Mary Hess Eliason May 2007

Regulatory Marketing Approval For Pharmaceuticals As A Non-Tariff Barrier To Trade: Analysis Under The Wto's Agreement On Technical Barriers To Trade, Mary Hess Eliason

San Diego International Law Journal

At a fundamental level, pharmaceuticals serve two roles: both as a cure for disease and as a product. As a cure for disease, a drug's value cannot be quantified because it saves lives. As a product, profit analysis shapes every step of a drug's progression to market. In least developed nations the barriers to drug access are not solely economic. National regulatory systems for market approval are being used to prevent external pharmaceutical manufacturers from participating in a national market. This article will address how the regulatory framework of pharmaceutical registration may serve as a barrier to trade ...


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 ...


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

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

San Diego Law Review

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 ...


Affixing Blame: Ideologies Of Hiv/Aids In Thailand, Tarik Abdel-Monem May 2003

Affixing Blame: Ideologies Of Hiv/Aids In Thailand, Tarik Abdel-Monem

San Diego International Law Journal

This Article focuses on ideologies of the HIV/AIDS epidemic in Thailand, one of many nations where the HIV/AIDS pandemic has reached alarming levels. Not unlike other nations struggling with HIV/AIDS, an epidemic of stigma and blame has developed in Thailand with increasing rates of infection among the population. Understandings of whom to blame for the epidemic, and how to realize appropriate solutions, have likewise developed as the epidemic continues to persist and spread. This Article examines these ideologies and how they are mediated through the lens of popular culture in contemporary Thailand. It attempts to examine the ...


Board Of Podiatric Medicine, Monisha Ann Coelho, J. D. Fellmeth Jan 2001

Board Of Podiatric Medicine, Monisha Ann Coelho, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Veterinary Medical Board, Michelle J. Hubbard, Mary J. Rocco, J. D. Fellmeth Jan 2001

Veterinary Medical Board, Michelle J. Hubbard, Mary J. Rocco, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Board Of Psychology, Jessica A. Neyman, Mary J. Rocco, J. D. Fellmeth Jan 2001

Board Of Psychology, Jessica A. Neyman, Mary J. Rocco, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Board Of Behavioral Sciences, Stacy Baker, Tasha Soroosh, Collette C. Galvez Jan 2001

Board Of Behavioral Sciences, Stacy Baker, Tasha Soroosh, Collette C. Galvez

California Regulatory Law Reporter

No abstract provided.


Dental Board Of California, Collette C. Galvez, Peter Sansom Jan 2001

Dental Board Of California, Collette C. Galvez, Peter Sansom

California Regulatory Law Reporter

No abstract provided.


Department Of Managed Health Care, Amy Kay Boatright, Kelly Ann Debie, J. D. Fellmeth Jan 2001

Department Of Managed Health Care, Amy Kay Boatright, Kelly Ann Debie, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Medical Board Of California, Amy Kay Boatright, Kelly Ann Debie, Ashley F. Hall-Hicklin, J. D. Fellmeth Jan 2001

Medical Board Of California, Amy Kay Boatright, Kelly Ann Debie, Ashley F. Hall-Hicklin, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Board Of Registered Nursing, Kasey E. Jones, Charlotte Wilder, Rusty Nichols, J. D. Fellmeth Jan 2001

Board Of Registered Nursing, Kasey E. Jones, Charlotte Wilder, Rusty Nichols, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Board Of Optometry, Tatiana Rodriguez, J. D. Fellmeth Jan 2001

Board Of Optometry, Tatiana Rodriguez, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Board Of Pharmacy, Jenny K. Li, Charlotte Wilder Jan 2001

Board Of Pharmacy, Jenny K. Li, Charlotte Wilder

California Regulatory Law Reporter

No abstract provided.


Respiratory Care Board, Paul T. Greco, Jessica A. Neyman, Collette C. Galvez Jan 2001

Respiratory Care Board, Paul T. Greco, Jessica A. Neyman, Collette C. Galvez

California Regulatory Law Reporter

No abstract provided.