Stem cell therapies engender changing regulatory environment

Accelerating technologies are changing the regulatory environment to accommodate novel approaches to treating disease--stem cell laws being a case in point.

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States expanding scope of practice for physician assistants, nurses, optometrists and phamarcists

States are looking to expand the scope of practice for physician assistants, nurse practitioners, optometrists, and pharmacists to meet the primary care shortage caused by Obamacare.

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HIPAA Omnibus Rule creates changes in healthcare privacy and security practices

Health & Human Services released a monster HIPAA Omnibus rule with mega-changes to medical privacy and security law.

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Patient Protection and Affordable Health Care Act - Integrative Medicine Provisions

Healthcare reform law expands opportunities for integrative medicine, although implementing regulations will have to be developed to truly clear the brush.

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California proposes legislation regulating acupuncturist's use of title "doctor"

California recently proposed legislation further regulating an acupuncturist's use of the title, "doctor."

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FDA regulates electric toothbrushes as medical devices

You might be surprised to learn that electric toothbrushes are regulated as medical devices.

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Conflict of interest rulings affect medical doctors

New conflicts of interest disclosures will broaden physicians' reporting obligations.

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Professional Medical Corporation or LLC? Fictitious Name Permit?

When physicians try to "partner" with non-physicians, they often confront challenges under the corporate practice of medicine rule.

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FDA regulates telemedicine on smart phones

Food and Drug Administration (FDA) has draft guidance on mobile medical applications for telemedicine health applications on smart phones.

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States Provide Telehealth and Other Practice Guidance for Psychologists

State boards of medicine, psychology, nursing, and other health care disciplines are the first place to look for legal resources relevant to health care practice.

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Centers for Medicaid Services (CMS) Revises Telemedicine Rule

Telemedicine credentialing laws received a boost in revisions to regulations from CMS.

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Nutritional and dietary advice can land practitioners in legal trouble

Legal issues facing health care practitioners who advise on nutrition and diet continue to spawn new regulation.

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Health freedom laws further expand for complementary and integrative medicine

Entrepreneurial physicians and health care professionals involved in complementary and integrative clinical practices find health freedom laws expanding across the U.S.

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North Carolina legislation affects homeopathy and naturopathy practitioners

Proposed legislation in North Carolina may endanger practicing homeopaths and naturopaths.

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Buying and selling medicine online

Selling medicine over the Internet sometimes falls within telemedicine practice, but practitioners should beware of separate federal and state rules that address online prescribing.

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FDA raises legal issues re use of HCG for weight loss

Physician use of HCG for weight loss raises legal issues that the FDA has now flagged.

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Telemedicine laws allow entry into neurophysiology

If you haven't heard of teleneurophysiology, know that the word tele is going to become as ubiquitous in health care over the next few years as the e- in e-prescribing.

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Anti-kickback intent changed by health reform bill

The Patient Protection and Affordable Health Care Act makes it easier for the government to prosecute under the federal anti-kickback statute.

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Clinics address Stark, fee-splitting and anti-kickback legal issues

Multi-disciplinary health care clinics and medical spas need to address legal concerns surrounding Stark, kickback, and fee-splitting issues.

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Is an online telemedicine or telehealth service legal?

Recently our law office has exploded with calls about the legal issues surrounding new online telemedicine or telehealth services.

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Telemedicine legal issues and the corporate practice of medicine

Telemedicine raises a number of legal issues of which a significant one is the way in which different states regulate the so-called "corporate practice of medicine."

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New provisions of federal law affecting complementary, alternative and integrative medicine and health care

John Weeks at The Integrator Blog has put together an excellent summary of new provisions of federal law affecting complementary, alternative and integrative medicine and health care.

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Federal Self-Referral (Stark) and Anti-Kickback Analysis for Integrative Care Centers

Any multidisciplinary physician practice or group practice (including practices including CAM practitioners in integrative care centers) should be reviewed by an attorney for self-referral and kickback concerns.

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FDA Medical Device Law and State Legal Issues Affecting MDs and Other Health Care Practitioners

Doctors, psychologists and other practitioners who use medical devices to assess patient's "energy fields" need legal advice about FDA rules, medical board discipline, malpractice liability and related legal risks.

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FDA can seize unapproved medical devices used for "energy diagnosis"

If you are performing an "energetic diagnosis" for your healing or health care practice, beware of FDA medical device rules.

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Telemedicine prohibitions and legal rules governing online patient consults

With advent of Google health and online personalized, health care recommendations, telemedicine legal issues frequently arise.

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Self-referral, Kickback, and Fee-Splitting Legal Issues in Health Care

New York, like California and other states, has provisions prohibiting Self-referral, Kickback, and Fee-Splitting when physicians and other healthcare providers have an ownership or compensation interest in entities to which they refer.

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California law has HIPAA-like privacy provisions for personal information

California legislation regulates privacy and personal information in ways similar to the new 2009 HITECH Act that modifies HIPAA.

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Health care reform legislation 1,000 pages later

Health care reform legislation is so dense it may be impenetrable, legal authorities say.

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H1N1 Swine Flu Vaccine: legal issues

Can the government legally force people to take the H1N1 swine flu vaccine?

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Telemedicine issues addressed by regulation

Telemedicine law increasingly affects our clients, whether they are physicians or non-medical, holistic health practitioners.

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Physician CAM or Integrative Medicine Practice and Lyme Disease

Complementary or integrative medicine docs often have innovative approaches to Lyme disease.

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Regulation of homeopathy and homeopathic doctors in Arizona

Arizona has new legislation affecting homeopathic physicians.

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FTC addresses cancer scams

The Federal Trade Commission, which regulates advertising, has a new site telling consumers how to evaluate and report scams in cancer care.

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Patient access to complementary and alternative medical treatments

The Access to Medical Treatment Act has been before Congress for more than a decade and was most recently introduced again in 2007.

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Driving under the influence of a cellphone

Governor Schwarzenegger has signed California legislation prohibiting teens from talking on a cellphone while driving. Continue Reading...

Draft rule on biosecurity raises fear of scientific censorship

A draft rule by the National Science Advisory Board for Biosecurity, or NSABB, to govern life sciences raises fear of scientific censorship.

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HIPAA Privacy Compliance and Enforcement website

HIPAA has a new Privacy Compliance and Enforcement website.

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Health freedom legislation proposed for Iowan CAM health care practitioners

Health freedom legislation has been proposed for Iowan CAM health care practitioners.

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Court upholds right to investigational new drugs

A D.C. court has eased the ability of patients to obtain investigational new drugs.

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FDA Creates Medical Device Postmarket Transformation Initiative

The Center for Devices and Radiological Health within the federal Food and Drug Administration is taking steps to increase its ability to identify, analyze, and act on postmarket information in order to improve the safety and effectiveness of medical devices and radiation-emitting products.

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New Professional Group Focused on Pediatric Integrative Medicine

Colleague and friend Kathi Kemper, MD is founder and chairman of a new section of the American Academy of Pediatrics devoted to complementary and alternative medicine.

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Federal Acupuncture Coverage Act Re-introduced

Congressman Hinchey has reintroduced the Federal Acupuncture Coverage Act for the 109th Congress.

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Minneapolis May Close State Alternative Medicine Office

Minnesota may close the state office that oversees use of complementary and alternative medical therapies by non-licensed practitioners of modalities from ayurveda to energy healing to hypnosis.

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Ujayi Passes Bar

Ujayi, Juris Dog, passed a special oral exam, becoming the first four-legged attorney in recorded history.

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