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.
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