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Legal Issues in Alternative Medicine: A Guide For Clinicians, Hospitals, and Patients

by Michael H. Cohen; co-published with Mutton Fish Press

98 pages; quality trade paperback (softcover); catalogue #03-0396; ISBN 1-4120-0033-5; US$22.95, C$30.00, EUR19.50, £13.60

Legal Issues in Alternative Medicine will help you understand the legal environment for CAM therapies, help craft institutional policies governing CAM providers, address credentialing, liability, and dietary supplements, and learn about your legal rights relating to these therapies. Buy a copy for yourself and an extra copy for your attorney, and hopefully save thousands of dollars, by educating your attorney about this specialty area of law.

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about the book      about the author      sample excerpts or Table of Contents      catalogue info

About the Book The purpose of this book is to empower you to make better decisions concerning the health care services that you, as a health care professional or health care institution, either recommend or provide to your patients, or that you, as a patient, choose for yourself or your family. Complementary and alternative medical (CAM) therapies (such as chiropractic, naturopathy, massage therapy, acupuncture and traditional oriental medicine, herbal medicine, mind-body therapies) are increasingly becoming part of health care services offered in conventional medical settings, and are used independently by millions of people. This book provides basic but essential guidance for those seeking to understand the legal context in which they offer health care services involving CAM, or refer patients to CAM practitioners, or use such therapies themselves. Coming Soon from Michael H. Cohen- A Question of Time

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About the Author Michael H. Cohen is Director of Legal Programs at the Harvard Medical School Division for Research and Education in Complementary and Integrative Medical Therapies. He is a Lecturer on Medicine in the Department of Medicine, Harvard Medical School, has been a Fortieth Anniversary Scholar at the Center for the Study of World Religions, Harvard Divinity School, and has taught "Health Law & Policy: Complementary and Alternative Medicine" at the Harvard School of Public Health. He received his J.D. from Boalt Hall School of Law, University of California, Berkeley, his M.B.A. from the Haas School of Management, University of California, Berkeley, his M.F.A. from the Iowa Writers' Workshop, University of Iowa, and his B.A. from Columbia University. He served as a law clerk to Judge Thomas P. Griesa in the United States District Court for the Southern District of New York, practiced corporate law at Davis Polk & Wardwell, a Wall Street law firm, and as law professor, taught health care law. He is a member of the Bar in the states of California, New York, Massachusetts, and Washington, D.C. He is the author of numerous scholarly articles and of several books, including: Complementary and Alternative Medicine: Legal Boundaries and Regulatory Perspectives (Johns Hopkins University Press, 1998); Beyond Complementary Medicine: Legal and Ethical Perspectives on Health Care and Human Evolution (University of Michigan Press, 2000); and Future Medicine: Ethical Challenges, Regulatory Dilemmas, and Therapeutic Pathways to Health and Healing in Human Transformation (University of Michigan Press, 2003). These books, as well as additional resources and current contact information, are available through his website. www.michaelhcohen.com

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Table of Contents

TABLE OF CONTENTS

Introduction

PART ONE: CLINICIANS

1. Physicians and Allied Health Providers

• Liability and Disciplinary Issues
• Providing Patients CAM Therapies
• Referring Patients to CAM Providers
• Managing Potential Liability Exposure
• Managing Risk of Professional Discipline
• Ethical Issues
• Informed Consent
• Ethical Concerns Generally

2. Non-physician CAM Providers

• Malpractice Liability Issues
• Disciplinary Issues; Unlicensed Medical Practice
• Informed Consent Obligation
• Potential Liability in Integrative Health Care

PART TWO: HOSPITALS

3. Institutional Malpractice Liability

• Sources of Potential Liability
• Managing Potential Liability

4. Credentialing

• Physicians & Allied Health Providers
• CAM Providers

5. Dietary Supplement Policies

• Regulation of Dietary Supplements
• Responding to Patient Use

PART THREE: PATIENTS

6. Access to Treatments

• Consumer Rights
• Non-FDA Approved Drugs
• Access in Hospital Settings
• Shared Decision-Making
• Treatment of Children

7. Insurance Reimbursement

• Status of Reimbursement for CAM
• Seeking Reimbursement
• Conclusion

Appendices

• A. Sample Documentation: Informed Consent
• B. Sample Documentation: Medical Record
• C. State Licensure of Alternative Providers
• D. Sample Syllabus for Continuing Education Talk
• E. Additional Resources

Acknowledgements

Index

About the Author

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Catalogue Information

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