Hot Topics: Health Regulation & Law

Blog Posts (107)

August 7, 2018

Popular Insurance Pre-Existing Conditions Ban Under Threat

by Craig Klugman, Ph.D.

Do you have pre-existing health conditions? Approximately 23 percent of Americans do.

According to the University of Pittsburgh Medical Center, a pre-existing condition is “a medical condition that occurred before a program of health benefits went into effect.

July 1, 2018

Confusion and Conscientious Objection in Arizona

by Steven H. Miles, MD and Arthur Caplan, Ph.D.

Nicole Mone Arteaga was trying to get pregnant. It had been difficult for her.…

May 31, 2018

Targeted Medicine: Advertising to the Medically Vulnerable

by Craig Klugman, Ph.D.

Imaging going to the doctor and suddenly finding ads popping up on your phone. Perhaps there’s a discount for receiving a specialized treatment.…

April 4, 2018

Rise of Neopaternalism

by Craig Klugman, Ph.D.

This week I was teaching autonomy and paternalism to my Introduction to Bioethics class. We talked about how one of the founding myths of bioethics is that we saved patients from paternalistic medicine by forcing a turn to autonomy: Instead of being objects on which doctors did medicine, we became subjects with whom doctors worked to heal.…

January 30, 2018

The Fine Line Between Living and Dead

by Craig Klugman, Ph.D.

Traditionally, a determination of death can only be made by a physician or by a health care provider (including first responder) if there is evidence of brain matter leakage or the head is severed from the body.…

January 20, 2018

45 Administration Provides New HCP Protections|Permits HCPs to Discriminate

by Lori Bruce, MA

News broke this week that the U.S. Department of Health and Human Services is creating a new “Conscience and Religious Freedom Division” (CRFD) in the Office for Civil Rights.…

January 9, 2018

Blindness Cure Is Out of Sight

by Craig Klugman, Ph.D.

The FDA has approved the world’s first gene therapy: Luxturna (voretigene neparvovec; AAV2-hRPE65v2) is a one-time intervention that can treat an inherited retinal disease (RPE65-mediated inherited retinal dystrophy).…

December 12, 2017

Tax Acts of 2017: Big Changes to Health Care and Education May Be Coming

by Craig Klugman, Ph.D.

As you may be aware, the U.S. House and U.S. Senate are in conference over a major tax bill.…

October 12, 2017

The Rescinding of DACA: What Should Healthcare Professionals and Academics Do? (And Why?)

by Mark G. Kuczewski, Ph.D. Danish Zaidi, MTS, MBE

Imagine that the 14th Amendment is repealed. Suddenly, birthright citizenship is no longer the accepted law of the United States.…

October 6, 2017

BioethicsTV (October 2-6, 2017): Communication Issues and Assisting Suicide

by Craig Klugman, Ph.D.

The Good Doctor (Season 1; Episode 2); Communication (lying, stealing credit; keeping silent)

This week’s episode of this new drama was about communication, specifically on the topic of lying.…

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Published Articles (35)

American Journal of Bioethics: Volume 18 Issue 7 - Jul 2018

Provider Conscientious Refusal of Abortion, Obstetrical Emergencies, and Criminal Homicide Law Lawrence Nelson

American Journal of Bioethics: Volume 18 Issue 4 - Apr 2018

Building a Trustworthy Precision Health Research Enterprise David Magnus & Jason N. Batten

AJOB Neuroscience: Volume 9 Issue 1 - Mar 2018

Disorders of Consciousness, Agency, and Health Care Decision Making: Lessons From a Developmental Model Megan S. Wright, Claudia Kraft, Michael R. Ulrich & Joseph J. Fins

AJOB Primary Research: Volume 8 Issue 1 - Mar 2018

Same behavior, different provider: American medical students' attitudes toward reporting risky behaviors committed by doctors, nurses, and classmates Sahil Aggarwal & Aaron Kheriaty

American Journal of Bioethics: Volume 18 Issue 3 - Mar 2018

Ethical Dilemmas in Protecting Susceptible Subpopulations From Environmental Health Risks: Liberty, Utility, Fairness, and Accountability for Reasonableness David B. Resnik, D. Robert MacDougall & Elise M. Smith

AJOB Primary Research: Volume 8 Issue 4 - Dec 2017

Ethical and regulatory challenges of research using pervasive sensing and other emerging technologies: IRB perspectives Camille Nebeker, John Harlow, Rebeca Espinoza Giacinto, Rubi Orozco-Linares, Cinnamon S. Bloss & Nadir Weibel

AJOB Neuroscience: Volume 8 Issue 1 - Mar 2017

tDCS Research in a World With FDA Regulation Patricia J. Zettler

AJOB Primary Research: Volume 8 Issue 3 - Sep 2017

Physician understanding and application of surrogate decision-making laws in clinical practice Amber Rose Comer, Margaret Gaffney, Cynthia L. Stone & Alexia Torke

American Journal of Bioethics: Volume 17 Issue 9 - Sep 2017

Now is the Time for a Postracial Medicine: Biomedical Research, the National Institutes of Health, and the Perpetuation of Scientific Racism Javier Perez-Rodriguez & Alejandro de la Fuente

American Journal of Bioethics: Volume 17 Issue 7 - Jul 2017

The Final Rule: When the Rubber Meets the Road P. Pearl O'Rourke

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News (212)

August 2, 2018 6:31 am

What Is a Genetically Modified Crop? A European Ruling Sows Confusion (The New York Times)

Mushrooms that don’t brown. Wheat that fights off disease. Tomatoes with a longer growing season. All of these crops are made possible by a gene-editing technology called Crispr-cas9. But now its future has been clouded by the European Union’s top court. This week, the court ruled that gene-edited crops are genetically modified organisms, and therefore must comply with the tough regulations that apply to plants made with genes from other species. Many scientists responded to the decision with dismay, predicting that countries in the developing world would follow Europe’s lead, blocking useful gene-edited crops from reaching farms and marketplaces. The ruling may also curtail exports from the United States, which has taken a more lenient view of gene-edited foods.

July 30, 2018 3:00 am

European court ruling raises hurdles for CRISPR crops (Science)

Hopes for an easier regulatory road for genetic engineering in European agriculture were dashed today by the Court of Justice of the European Union. In a closely watched decision, the court ruled that plants created with new gene-editing techniques that don’t involve transferring genes between organisms—such as CRISPR—must go through the same lengthy approval process as traditional transgenic plants.

July 19, 2018 12:29 pm

Arizona law would give frozen embryos to spouse who wants baby after divorce (CBS News)

A controversial new Arizona law that took effect July 1 would give Torres access to the embryos. The law requires courts to give embryos to the spouse who plans to use them to have a baby when a couple decides to have a divorce. Supporters of the law say it will protect a partner’s right to his or her embryos. Opponents say it could force people to become parents against their will.

July 18, 2018 9:09 am

Are 'breakthrough' drugs as safe as other FDA-approved medicines? (CNN)

New research questions the quality of drugs given the “breakthrough therapy” designation by the US Food and Drug Administration. In late 2012, the FDA created this designation to speed the process for reviewing not-yet-approved experimental medicines intended to treat serious or life-threatening conditions.

May 14, 2018 9:00 am

As lab-grown meat advances, U.S. lawmakers call for regulation (Science)

Lab-grown chicken, beef, and duck products are edging toward the U.S. market—despite enduring confusion about how they’ll be regulated. But language buried in a draft spending bill released by a U.S. House of Representatives appropriations panel this week suggests some lawmakers are eager to get rules in place. A one-sentence proposal in the bill would put the U.S. Department of Agriculture (USDA) in charge of regulating products made from the cells of livestock or poultry, and instructs the agency to issue rules about how it will oversee their manufacture and labeling.

April 20, 2018 9:00 am

Why doctors don’t use alternatives to opioids (The New York Times)

As Congress deliberates how to respond to the surging opioid epidemic, a number of bills have been introduced to support the development and Food and Drug Administration approval of a non-opioid pain medication. But the problem in American medicine is not a lack of alternatives to opioids, but the minimal utilization of the many non-opioid treatments for pain that already exist.

April 3, 2018 6:46 pm

California Supreme Court lets stand controversial law allowing DNA collection upon arrest (The Los Angeles Times)

For years civil libertarians hoped to end California’s practice of taking DNA from people arrested on suspicion of a felony and storing that genetic information in an offender database — regardless of whether the suspects were later acquitted or had their charges dropped. That fight for more protective rules in the government’s DNA collection suffered a major setback Monday when the California Supreme Court let stand a provision of a 2004 voter initiative that said any adult arrested or charged with a felony must give up his or her DNA.

December 22, 2017 9:00 am

Ohio bill would prohibit abortions in Down syndrome cases (CNN)

The bill prohibits abortions after tests reveal Down syndrome in a fetus or if there’s “any other reason to believe” the fetus has the genetic condition. A person performing an abortion in such a case could face a fourth-degree felony charge, and physicians could lose their licenses. The woman seeking the abortion would not be held accountable, according to the bill.

December 12, 2017 9:00 am

Regulations Amending the Food and Drug Regulations (Public Release of Clinical Information) (Government of Canada)

Without access to detailed clinical data, health professionals and researchers are unable to perform independent analyses of the evidence underlying published research findings and Health Canada’s regulatory reviews. This approach limits transparency and misses opportunities to promote greater confidence in the oversight of drugs and medical devices. It is also out of step with Health Canada’s key regulatory partners, including the European Medicines Agency (EMA) and the U.S. Food and Drug Administration, which have increased clinical data transparency over the past 10 years.

November 9, 2017 9:00 am

Infusions of young blood tested in patients with dementia (Nature)

The first controlled, but controversial and small, clinical trial of giving young blood to people with dementia has reported that the procedure appears safe. It has also hinted that it may even produce modest improvements in the daily lives of people who have Alzheimer’s disease.

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