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| Contributors | |
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| Preface | |
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| The Basic Legal Structure and Organization Anna Baumgras | |
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| Introduction: Sources of Law | |
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| The Judicial Branch | |
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| Civil Law Versus Criminal Law | |
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| Criminal Law | |
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| Defenses to Crimes | |
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| Civil Law | |
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| Offenses Related to Addictions | |
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| Basic Constitutional Rights | |
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| The Bill of Rights | |
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| The Legislative Branch | |
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| Statutes Regulating Addictions | |
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| Conclusion | |
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| References | |
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| Addictions and the Law Norman | |
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| Mens Rea and Capacity | |
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| Definition and Relevance to Addictions | |
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| Legal Precedent | |
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| Addictive Disease | |
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| Intoxication and Addiction | |
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| Legal Precedent | |
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| Criminal Law | |
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| Insanity Defense | |
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| Legal Precedent | |
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| Criminal Competence | |
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| Civil Competence | |
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| Alcohol and Drug Use and Addiction as Risk Factors in Crime and Criminal Intent | |
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| Civil Law in Selected Populations | |
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| Child Abuse and Custody | |
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| Sexual Offenders | |
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| Malingering | |
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| Corrections and Coerced Treatment | |
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| Goals of Treatment | |
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| Diversion | |
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| Prevalence of Alcohol and Drug Disorders during Incarceration | |
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| Prevalence of Suicide and Alcohol and Drug Disorders during Incarceration | |
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| Legal Precedent | |
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| The Death Penalty and Addictions | |
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| Involuntary Hospitalization | |
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| Malpractice | |
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| Competence to Sign into an Institution | |
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| Informed Consent | |
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| Injury to a Third Party by Alcoholics and Drug Addicts | |
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| Adolescents and Juvenile Court and Addictions | |
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| Prevalence of Alcohol and Drug Use and Disorders in Juvenile Populations | |
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| Legal Precedents | |
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| Forensic Pathology and Drug Testing | |
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| Forensic Pathology | |
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| Drug Testing | |
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| Medical Records | |
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| Rehabilitation Acts | |
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| Conclusion | |
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| References | |
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| Physician Practice of Addictions in Medical Practice | |
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| Introduction | |
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| Clinical Prevalence | |
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| Prevalence of Alcohol and Drug Dependence | |
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| in the General Population | |
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| Prevalence-of Multiple Drug Use and | |
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| Dependence in Treatment | |
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| Prevalence in the Medical Population | |
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| Prevalence in Family and Workplace Populations | |
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| Clinical Diagnosis | |
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| Risk Assessment by Physicians | |
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| Physical Examination and Laboratory Testing | |
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| Clinical Course and Pathophysiology | |
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| Clinical Comorbidity | |
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| Treatment of Medical Disorders Associated with Alcohol and Drug Use and Addiction | |
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| Physician Intervention | |
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| Requirements of Physicians for Diagnosing and Treating Addictive Disease | |
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| Abstinence-Based Method | |
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| Improving Treatment for Alcoholism | |
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| Why Physicians are Unprepared to Treat | |
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| Drug-and Alcohol-Related Disorders | |
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| Recommendations for Improving Education Training | |
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| Research Studies on Medical Education in the Area of Addictive Medicine | |
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| Conclusion | |
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| References | |
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| Medical Licensure and Credentialing | |
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| Introduction | |
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| Peer Review | |
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| Immunity | |
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| Confidentiality | |
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| Physician Profile Databases | |
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| Medical Licensing Boards | |
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| Judicial Oversight | |
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| Federation of State Medical Boards | |
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| The Model Policy | |
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| Compulsory Reporting | |
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| Examination/Evaluation | |
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| Grounds for Action | |
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| Disciplinary Action against Licensees | |
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| Impaired Physicians | |
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| The Impaired Healthcare Professional | |
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| Identifying the Problem | |
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| Ethical Responsibility and Legal Risk | |
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| Confidentiality versus Disclosure | |
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| Physician Health Program (PHP) | |
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| References | |
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| Privacy within the First Decade of the Twenty-First Century | |
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| Introduction | |
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| Codes of Conduct for Privacy | |
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| Patient Access to Medical Records | |
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| Electronic Health Records | |
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| Update from the Privacy Commissioner | |
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| Practice Audits | |
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| Conclusion | |
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| References | |
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| Bioethical Decisions, Substance Use and Addiction: The Clinical Context | |
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| Introduction | |
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| Substance Use, Addiction and Informed Consent | |
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| Pregnancy, Substance Use and Addiction | |
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| The Effects of Substance Use on the Fetus | |
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| Legal Responses to Maternal Substance Use during Pregnancy | |
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| Ethical Issues for the Healthcare Provider | |
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| Liver Transplantation | |
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| Treating Pain | |
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| Conclusion | |
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| References | |
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| Domestic Public Health Law | |
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| Introduction | |
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| Controlled Substances | |
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| Harrison Narcotics Act of 1914 | |
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| Federal Bureau of Narcotics and Henry Anslinger | |
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| Food and Drug Administration (FDA) | |
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| Food, Drug and Cosmetic Act of 1938 | |
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| Prescription Drug User Fee Act of 1992 (PDUFA) | |
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| Federal Agency and Policy: Supply and Demand | |
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| Reducing the Supply of Illegal Drugs in the United States | |
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| The Other Side of the Coin: Reducing Demand for Drugs in the United States | |
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| Conclusion | |
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| References | |
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| International Law, Public Health and Addiction | |
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| What is International Law? | |
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| International Law in the Field of Addiction | |
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| Addiction: The Perspective of Drug Control | |
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| International Organizations and the Infrastructure of Drug Control | |
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| Addiction: The Perspective of Public Health | |
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| Why is International Law Relevant to Addiction Practitioners? | |
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| Physicians and Scientists | |
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| Lawyers and Judges | |
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| Social Workers, Community Activists, Policymakers and Sufferers of Addiction | |
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| Addiction and Human Rights | |
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| International Advocacy and the Framework Convention on Tobacco Control | |
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| References | |
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| Medical Malpractice | |
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| Overview of Medical Malpractice Law | |
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| The Essential Elements | |
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| The Standard of Care: Duty and Breach | |
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| Application to Addiction Cases | |
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| Standard of Care and Breach | |
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| Causation of Damages | |
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| Experts | |
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| Informed Consent | |
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| Defenses | |
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| Comparative Negligence | |
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| Assumption of Risk | |
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| Statute of Limitations | |
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| References | |
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| Expert Witness in Civil and Criminal Testimony | |
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| Expert Qualifications | |
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| Federal Rule of Evidence 702 | |
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| Federal Rule of Evidence 703 | |
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| Role of Experts | |
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| Duties of Experts | |
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| Mens Rea and Capacity | |
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| Expert Role in Criminal Cases | |
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| Medical Malpractice | |
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| Expert Role in Medical Malpractice Cases | |
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| Medical Experts | |
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| Admissibility of a Medical Expert | |
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| Damage Experts | |
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| Conclusion | |
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| References | |
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| Forensic Considerations in Blood Alcohol Evaluation | |
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| Introduction | |
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| Alcoholism | |
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| References | |
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| Pharmacological Drug Effects on Brain and Behavior | |
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| Introduction | |
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| Influence of Neurobiology and Neurotransmitters | |
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| Molecular Mechanisms and Neurobiological Consequences of Drug and Alcohol Use | |
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| Performance-Enhancing Drugs | |
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| Conclusion | |
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| References | |
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| Forensic Toxicology | |
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| Introduction | |
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| Postmortem Forensic Toxicology | |
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| Human Performance Forensic Toxicology | |
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| Forensic Urine Drug Testing | |
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| Standard Operating Procedural Manual | |
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| Chain of Custody | |
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| Dual-Testing Philosophy | |
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| Sample Preparation | |
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| Liquid-Liquid Extraction | |
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| Solid-Phase Extraction | |
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| Detection Techniques | |
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| Immunoassay | |
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| Gas Chromatography | |
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| Liquid Chromatography | |
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| Mass Spectrometry | |
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| Method Validation | |
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| References | |
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| Forensic Psychiatry, Substance Use and Mental Illness | |
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| Introduction | |
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| Epidemiology | |
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| Basic Legal Concepts and Statutes | |
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| Affirmative Defense Statutes | |
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| Inherent Conflict Between Free Will, Public Safety and the Disease Concept and Substance Addiction | |
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| Free Will | |
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| Disease Concept | |
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| The Conflict between Free Will, Public Safety and the Disease Model | |
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| Criminal and Civil Competence for the Addicted | |
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| Competence to Stand Trial | |
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| Civil Competencies | |
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| Treatment Issues for this Population in Different Clinical Settings | |
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| Clinical Assessment in Forensic Settings | |
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| Treatment in Forensic Settings | |
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| Civil Commitment | |
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| Correctional Settings, Diversion and Coerced Treatment, Community Reentry and Reintegration | |
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| Conclusion | |
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| References | |
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| Legal Rights of Fetuses and Young Children | |
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| Introduction | |
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| Impact of Prenatal Drug Exposure on the | |
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| Developing Fetus | |
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| Impact of Substance Abuse on Children | |
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| Need for and Access to Treatment | |
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| Rights of Fetuses Generally | |
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| Rights of Fetuses: Civil Child Protective Proceedings | |
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| Response to Report | |
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| Courts' Responses to Child Protection Actions on Behalf of Fetuses | |
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| Courts' Responses to Substance Exposed Neonates | |
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| Other Civil Remedies | |
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| Public Health Approaches | |
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| Criminal Charges | |
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| Search and Seizure and Consent | |
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| Charges that Can be Sustained | |
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| Charges that Cannot be Sustained | |
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| Access to Substance Abuse Treatment Records | |
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| Access to Records and HIPAA | |
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| Conclusion | |
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| References | |
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| Criminal Populations and Substance Abuse | |
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| Introduction | |
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| Interventions for Substance Abuse in Correctional Facilities | |
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| Correctional Treatment Programs | |
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| Legal Standards for Substance Abuse Treatment in Correctional Facilities | |
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| Judicial and Statutory Approaches to | |
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| Civil Commitment for Substance Use Substance Abuse Disorders | |
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| Drug Courts | |
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| State and Federal Drug Laws | |
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| Laws Regulating Drinking and Driving | |
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| Information Sharing Between the Justice and Treatment Systems | |
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| International Approaches to Criminal Populations and Substance Abuse | |
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| Legal Foundations for Treatment Provided in Justice Settings | |
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| Points of Intervention for Offender Drug Treatment | |
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| Conclusion | |
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| References | |
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| Legal Authority, Medical Basis and Public Policy for Controlling Scheduling Controlled Substances | |
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| Overview of Controlling and Scheduling Drugs and Other Substances | |
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| Legal Authority to Control Substances: Standards and Schedules | |
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| Federal Rules and Regulations for Controlled Substances | |
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| State Statutes and Regulations for Controlled Substances | |
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| Drug Enforcement Administration and Food and Drug Administration | |
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| Immediate Precursors | |
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| Temporary Scheduling to Avoid Imminent Hazards to Public Safety | |
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| Abuse Potential | |
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| Evaluation of Drugs and Other Substances | |
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| Factors Determinative of Control or Removal from Schedules | |
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| Legislative Intent for Potential for Abuse | |
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| Levels of Drug Control and Scheduling | |
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| Medical Basis for Potential of Abuse | |
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| FDA Role | |
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| Public Policy for Controlling and Scheduling Substances | |
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| References | |
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| Use of Addictive Medications and Drugs in Athletics | |
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| Introduction | |
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| Historical Perspective | |
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| Overview | |
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| Factors Influencing Athletes Use of | |
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| Substances | |
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| Performance-Enhancing Drugs | |
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| Anabolic Steroids | |
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| Central Nervous System Stimulants | |
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| Erythropoietin and Blood Doping | |
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| Alcohol | |
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| References | |
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| Class Action to Protect Against Discrimination of Individuals with Alcohol and Drug Addictions | |
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| Introduction | |
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| Class Action as a Thesis to Promote Change for Discriminated Members | |
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| History of Mixed Success in Class Action Litigation for Addictions | |
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| Unfair and Lethal Discrimination against Classes of Addicted Individuals Evident in Government Policy | |
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| Discriminatory Policies and Laws against Cigarette Smokers | |
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| Addiction | |
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| Addiction is a Disease Defined as a Medical Disorder and by Legal Status | |
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| Addiction as a Medical Disease | |
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| Class Actions | |
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| Class Action Litigation is an Effective Strategy to Protect against Discriminatory Policy and Laws | |
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| History of Tobacco Cases Demonstrate Powerful and Unethical Forces against | |
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| Traditional Litigation | |
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| Form a Discriminated Class of Harmed Individuals with Small Claims to Make Class | |
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| Tight and Class Action Superior | |
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| Public Support for a Class Consisting of Alcoholics and Drug Addicts Suffering from a Disease | |
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| Class Defined | |
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| Numerosity and Commonality: Prevalent Disorders | |
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| Define Damages and Fraud Where Individual Issues do not Predominate and Class Action is Superior to Traditional Litigation for a Discriminated Class | |
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| Core Legal Theories and Causality | |
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| Specific Areas of Class Action Litigation | |
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| Liability for Fraudulent Marketing of in Medically-Related Cases Controlled Substances: Litigation against Purdue Pharma | |
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| Class Certification Upheld | |
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| Class Certification Denied | |
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| Medical Monitoring of a Class | |
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| Class Action is Superior to Other Methods | |
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| Superiority of Class Action Frequently Determines Success of Litigation | |
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| Superiority can be a Single Forum | |
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| Predominance Requirement Depends on Individual Issues for Causes in Addiction | |
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| Individual Interests in Controlling Individual Suits in Mass Tort Litigation | |
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| Common Knowledge Theory | |
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| Conclusions from Class Actions in Addiction | |
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| Legacies from Tobacco, Opiate Medications and Alcohol | |
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| The Road Less Traveled | |
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| References | |
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| Index | |