Complementary & alternative medicine : legal boundaries and regulatory perspectives

著者

書誌事項

Complementary & alternative medicine : legal boundaries and regulatory perspectives

Michael H. Cohen

Johns Hopkins University Press, 1998

  • : pbk.

タイトル別名

Complementary and alternative medicine

大学図書館所蔵 件 / 全7件

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注記

Includes bibliographical references (p. 121-175) and index

内容説明・目次

巻冊次

ISBN 9780801856877

内容説明

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.

目次

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
巻冊次

: pbk. ISBN 9780801856891

内容説明

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.

目次

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

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