Browsing by Subject "Legal Issues"

Now showing 1 - 9 of 9
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    Court cases and legal analyses: Conscientious objection in the healing professions
    (IU Center for Bioethics, 2014-06-07) Odell, Jere D.; Abhyankar, Rahul; Comer, Amber (Malcolm); Rua, Avril N.
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    A Crisis of Conscience: Pharmacists Decide Not to Dispense Contraception
    (University of Houston, 2005-12-06) Alexander, Archie A
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    Health Care Providers’ Consciences and Patients’ Needs: The Quest for Balance
    (The Brookings Institution, 2012-02-23) Galston, William A; Rogers, Melissa
    Recent controversies, such as the HHS rule on insurance coverage of contraceptive and sterilization services, raise fundamental and politically consequential questions. But they take place against a backdrop of longstanding tensions between claims of conscience and laws of broad scope and application—tensions well-known to experts but less so to public officials and most citizens. In a new paper, William Galston and Melissa Rogers provide a broad overview of conscience from a religious, philosophical and legal perspective, and then home in on conscience in the context of health care. The paper surveys current federal and state law and regulation governing the right to conscientiously object in the provision of health care, and explores the ongoing tensions between claims of conscience and calls for access. The paper concludes with suggestions for policymakers when shaping laws and regulations in this arena.
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    The history and effect of abortion conscience clause laws
    (Congressional Research Service, 2005-01-14) Feder, Jody
    Conscience clause laws allow medical providers to refuse to provide services to which they have religious or moral objections. In some cases, these laws are designed to excuse such providers from performing abortions. During the 108th Congress, S. 1397, an abortion conscience clause bill, was introduced in the Senate, and a companion bill, H.R. 3664, was introduced in the House. Although neither of these bills were enacted, Congress did pass appropriations legislation that contained a conscience clause provision. This report describes the history of the conscience clause as it relates to abortion law and provides a legal analysis of the effects of such laws, including the provision contained in P.L. 108-447, the Consolidated Appropriations Act, 2005. Legislators are likely to consider similar legislation during the 109th Congress.
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    Legal and Policy Best Practices in Response to the Substance Abuse Crisis: A Preliminary Report
    (Indiana University, 2018-03-30) Terry, Nicolas P.; Silverman, Ross D.; Hoss, Aila; Crister, Rebecca; Beukema, Emily; Sterling, Catherine
    In 2017, Indiana University, in cooperation with Indiana Governor Eric Holcomb and community partners, launched the Grand Challenge: Responding to the Addictions Crisis initiative, a university-wide effort to advance interdisciplinary research and interventions in response to the substance abuse crisis affecting Indiana and the nation. The “Legal and Policy Best Practices in Response to the Substance Abuse Crisis” project is one of sixteen funded under Phase 1 of the Grand Challenge. This preliminary report outlines the initial findings of the project.
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    Mandatory Vaccinations: Precedent and Current Laws
    (Congressional Research Service, 2011-03-10) Swendiman, Kathleen S
    Historically, the preservation of the public health has been the primary responsibility of state and local governments, and the authority to enact laws relevant to the protection of the public health derives from the state’s general police powers. With regard to communicable disease outbreaks, these powers may include the enactment of mandatory vaccination laws. This report provides an overview of the legal precedent for mandatory vaccination laws, and of state laws that require certain individuals or populations, including school-aged children and health care workers, to be vaccinated against various communicable diseases. Also discussed are state laws providing for mandatory vaccinations during a public health emergency or outbreak of a communicable disease. --- Federal jurisdiction over public health matters derives from the Commerce Clause of the United States Constitution, which states that Congress shall have the power “[t]o regulate Commerce with foreign Nations, and among the several States ... ” Congress has enacted requirements regarding vaccination of immigrants seeking entry into the United States, and military regulations require American troops to be immunized against a number of diseases. The Secretary of Health and Human Services has authority under the Public Health Service Act to issue regulations necessary to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the states or from state to state. Current federal regulations do not include any mandatory vaccination programs; rather, when compulsory measures are needed, measures such as quarantine and isolation are generally utilized to halt the spread of communicable diseases.
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    POINT: Should Childhood Vaccination Against Measles Be a Mandatory Requirement for Attending School? Yes.
    (Elsevier, 2015-10) Silverman, Ross D.; Hendrix, Kristin S.; Department of Health Policy, Richard M. Fairbanks School of Public Health
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    Posthumous assisted reproduction
    (IU Center for Bioethics, 2011-11-11) McBride, Kalli D.
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    Rebuttal From Prof Silverman and Dr Hendrix.
    (Elsevier, 2015-10) Silverman, Ross D.; Hendrix, Kristin S.; Department of Health Policy, Richard M. Fairbanks School of Public Health