Law Commons^™

Fair Allocation Of Scarce Therapies For Coronavirus Disease 2019 (Covid-19), Govind C. Persad, Monica E. Peek, Seema K. Shah

Sturm College of Law: Faculty Scholarship

The US Food and Drug Administration (FDA) has issued emergency use authorizations (EUAs) for monoclonal antibodies (mAbs) for nonhospitalized patients with mild or moderate coronavirus disease 2019 (COVID-19) disease and for individuals exposed to COVID-19 as postexposure prophylaxis. EUAs for oral antiviral drugs have also been issued. Due to increased demand because of the Delta variant, the federal government resumed control over the supply and asked states to ration doses. As future variants (e.g., the Omicron variant) emerge, further rationing may be required. We identify relevant ethical principles (i.e., benefiting people and preventing harm, equal concern, and mitigating health inequities) …

Division In Rural America: Understanding The Difference Between Refusal To Treat Based On Medical Conscience Versus Discrimination And How To Overcome It, Sarah Mcmillen, Alexander Mcmillen, Melanie Kuder

Helm's School of Government Conference - American Revival: Citizenship & Virtue

Division in Rural America: Understanding the Difference Between Refusal to Treat Based on Medical Conscience Versus Discrimination and How to Overcome It

Melanie Kuder, PharmD, Alexander X. McMillen

and Sarah A. McMillen, PsyD.

This paper will provide an exploration of the Emergency Medical Treatment and Labor Act (EMTALA), how the guidelines on what constitutes adequate care have changed since the Centers for Medicare and Medicaid Services (CMS) issued a revision on March 30, 2020, the use of medical conscience as the right to refuse, and how the communities in Kansas have responded to this.

Errors In Converting Principles To Protocols: Where The Bioethics Of Us Covid‐19 Vaccine Allocation Went Wrong, William F. Parker, Govind C. Persad, Monica E. Peek

Sturm College of Law: Faculty Scholarship

For much of 2021, allocating the scarce supply of Covid-19 vaccines was the world's most pressing bioethical challenge, and similar challenges may recur for novel therapies and future vaccines. In the United States, the Centers for Disease Control and Prevention's Advisory Committee on Immunization Practices (ACIP) identified three fundamental ethical principles to guide the process: maximize benefits, promote justice, and mitigate health inequities. We argue that critical components of the recommended protocol were internally inconsistent with these principles. Specifically, the ACIP violated its principles by recommending overly broad health care worker priority in phase 1a, using being at least seventy-five …