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Complementary and Alternative Medicine Legal Boundaries and Regulatory Perspectives

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ISBN-10: 0801856892

ISBN-13: 9780801856891

Edition: 1998

Authors: Michael H. Cohen

List price: $34.00
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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…    
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Book details

List price: $34.00
Copyright year: 1998
Publisher: Johns Hopkins University Press
Publication date: 2/2/1998
Binding: Paperback
Pages: 200
Size: 5.98" wide x 8.94" long x 0.51" tall
Weight: 0.704
Language: English

Michael H. Cohen is Director for Legal Programs, the Center for Research and Education in Complementary and Integrative Medical Therapies, Beth Israel Deaconess Medical Center, Harvard Medical School.

Preface and Acknowledgments
Biomedicine and Holistic Healing
The Biomedical Paradigm
The Holistic Healing Paradigm
Holism and Mechanism
The Use of Holistic Therapies
Scientific Substantiation and Methodological Issues
An Integrated Health Care System
Biomedical Regulation in Historical Context
The Emergence of Licensing
The Development of the Biomedical Community
The Response of the Regulatory Paradigm
State Law Regulation of Medicine
The Police Power Rationale
Legal Definitions of the Practice of Medicine
Diagnosis, Treatment, Prevention, and Cure
Holding Oneself Out to the Public
Intending to Receive a Fee, Gift, or Other Compensation
Attaching a Title to One's Name
Maintaining an Office
Performing Surgery
Using, Administering, or Prescribing Drugs
Miscellaneous Definitional Provisions
Unauthorized Professional Practice
The Nonlicensed Provider
Independent Holistic Practice
Occupational Licensure
Scope-of-Practice Limitations
Licensing of Complementary and Alternative Providers
Massage Therapy
Lay Practice
Legislatively Authorized Boundaries of Practice
Scope of Practice: The Case of Chiropractic
Nutritional Care
Colonic Irrigation
Acupuncture and Other Modalities
Physical Examination and Other Procedures
Addressing Scope-of-Practice Risks
Malpractice and Vicarious Liability
Physicians' Malpractice Liability
The Case of Chelation Therapy
Informed Consent
Assumption of Risk
Malpractice by Complementary and Alternative Providers
Professional Standards of Care
Heightened Standard of Care
Duty to Refer and Misrepresentation
Malpractice Liability of Health Care Institutions
Access to Treatments
Treatments Requiring New Drug Approval
Nutritional Therapies
Dietary Supplements and Health Claims
Health Care Freedom
Discipline and Sanction
The Disciplinary Process
Chelation Therapy
Ozone Therapy
State Medical Freedom Acts
Third-Party Reimbursement
Voluntary and Mandated Coverage
Selected Exclusions and Coverage Issues
Experimental Treatments
Medically Necessary Treatments
Health Care Fraud and Insurance Fraud
The Evolution of Legal Authority
Professional Licensure and Scope of Practice
Malpractice and Professional Discipline
Fraud and Health Care Freedom
Integral Health Care