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Spring 2013
7220 SEM: E-Health Law - SCOTTR- 13037
Added 10-19-12

Professor(s): Ronald  Scott (RESEARCH PROFESSOR)

Credits: 2

Course Areas: Health Law 

Time: 6:00p-8:00p  T  Location: 117  TU2

Course Outline: Course Outline: The Internet is largely unregulated, and reaches across state and international borders. Physicians, pharmacies, pharmacists, and other health care providers have historically been regulated by the states. Perceived abuses by virtual pharmacies and physicians prescribing drugs based on on-line consultations have resulted in state and federal regulatory responses, together with attempts at self-regulation. This seminar will examine regulatory approaches to new technology (including telemedicine and cybermedicine) by state legislatures, boards of medicine and pharmacy, and federal agencies including the federal Food and Drug Administration. . It will also examine efforts by the AMA, the National Association of Boards of Pharmacy (NAPB), the Federation of State Medical Boards and other organizations to address e-health issues via ethical rules, codes of conduct, or “certification” programs.

Consumers are concerned about the privacy of health information they provide to e-health Web sites for the purpose of getting answers to medical questions, learning about new therapies, or accessing other health-related information. Physicians’ and patients’ use of social networking sites such as Facebook has raised new privacy concerns. We will examine state and federal (HIPAA) privacy legislation and regulation, and attempts at self-regulation. We will also discuss security and technology issues, including digital signature technology and law. Cybermedicine (on-line consultations) also presents newly emerging liability exposures for physicians.

Mobile health devices such as the iPhone have also triggered regulatory responses from the FDA. Physicians are using the iPhone to access patients’ medical records, to electronically prescribe drugs, and order needed medical tests such as lab work. More than 1400 health care apps are available for the iPhone including apps that check medication dosing and allow obstetricians to monitor a baby’s heartbeat remotely. The FDA is now considering more stringent regulation of such apps as “medical devices” required regulatory approval.

Physicians, hospitals, insurers and other stakeholders in health care are already asking e-health questions. Should a physician communicate via e-mail with her patients? The Patient Protection and Affordable Care Act of 2010 (federal health reform law) includes provisions that encourage physicians and hospitals to deploy electronic health records (EHR) over the next four years. How can a hospital comply with federal law when it moves to electronic health records? Join us to learn the answer to these and other cutting-edge legal issues.

Course Syllabus: Syllabus

Course Notes: Quota = 17  The seminar has no prerequisites, and students will write a 25-page paper rather than having a final examination. We usually have a few students with a health background (physicians, nurses, etc.), some with an interest and background in health law, including health law LL.M. candidates, some students with a computer or other technology background, and a few students who choose the seminar simply because they would like to learn something about health law or because it fits their schedule. Since the seminar has a paper rather than an exam, students without a health law background are not disadvantaged-they can simply choose a seminar paper topic that doesn’t require an extensive health law background.


First Day Assignments: E-Health Seminar
First Day Assignment Spring 2013

1. Read Section I of materials (available from Copy Center one week before class starts)
2. Send short “reflections” on reading to (see Syllabus).

Final Exam Schedule:    

This course will have:
Exam: NO
Paper: YES

Satisfies Skills Course Requirement: No
Satisfies Senior Upper Level Writing Requirement: No

Experiential Course Type:

Bar Course: