Health Law and Policy Commons^™

Public Health Product Hops, Michael S. Sinha

All Faculty Scholarship

Pharmaceutical product hops are anticompetitive maneuvers that often represent a last-ditch effort by brand manufacturers to preserve market share in the face of generic competition. An integral part of product life cycle management strategies, product hops may offer marginal benefits to patients but can substantially increase costs to payers and patients alike. Yet industry advocates maintain that this is essential follow-on research and development, resulting in the development of novel products that would otherwise never reach the market.

Is there a middle ground between these two diametrically opposed views? Might certain product hops be considered beneficial, perhaps if they furthered …

Overdose: The Public Health Policies That Caused The Opioid Crisis, Benjamin T. Suslavich

Cleveland State Law Review

Recently, local governments have successfully sued pharmaceutical manufacturers for damages related to the opioid crisis in the United States under the theory that these pharmaceuticals were responsible for causing addictions and deaths across the nation. However, the opioid crisis was, in fact, caused by the creation of national public health policies which compelled the prescription of opioid analgesics. The dogma of the "pain movement," which spearheaded public health policies, was adopted in some form by nearly every healthcare regulator in the country. With unchecked power and influence on the U.S. healthcare system, healthcare regulators mutated slightly misleading advertising by pharmaceutical …

10-Minute Ebd: Are Hearing Protective Devices Effective For Protecting Clinicians From Noise Exposure In Clinical Practice?, Julie Frantsve-Hawley Phd

The Journal of the Michigan Dental Association

This Ten-Minute Evidence-Based Dentistry Article provides an example of implementing the evidence-based dentistry search process with trusted search engines and identifying the best literature through critical appraisal to answer the clinical question: Are Hearing Protective Devices Effective for Protecting Clinicians from Noise Exposure in Clinical Practice? This article examines the effectiveness of hearing protective devices for safeguarding clinicians from noise exposure in dental practice. The clinical environment, exacerbated by COVID-19 aerosol-reducing devices, exposes oral health providers to elevated sound levels. While there's no conclusive evidence regarding the impact of handpieces on hearing, occupational noise exposure in dental settings can affect …

The Art In Science: The University Of Michigan’S Bioartography Project, Deborah L. Gumucio Phd

The Journal of the Michigan Dental Association

"The Art in Science: The University of Michigan’s BioArtography Project" emphasizes the importance of using art to convey scientific information to the public. Scientists and medical professionals often struggle to communicate their research effectively to non-experts. The BioArtography Project, initiated in 2005, combines art and science to bridge this communication gap. It features striking images of cells and tissues under microscopes, accompanied by lay-language descriptions of the research behind each image. The project aims to engage the public, stimulate curiosity, and convey information about scientific discoveries. BioArtography images have led to meaningful discussions with the public, dispelling myths and educating …

Wellness Review 2022, Part 1, Martin Huecker, Brian A. Ferguson, Jacob Shreffler

Journal of Wellness

Introduction: This article represents the first of a two-part assessment of 2022 literature addressing wellness in healthcare professionals published from January 1, 2022 to June 30, 2022.

Methods: Three editors conducted a similar keyword search in Pubmed, also adding manually curated articles. Focusing chiefly on clinical trials and other prospective research, we settled on a final 25 significant papers focusing on wellness in medical professionals to include in this review.

Literature Review: Recent literature into HCW wellness continues to describe burnout factors and COVID-19 impact, but includes more resilience-targeting interventions and systematic reviews of trials seeking bolstering of well-being. Subsections …

Eye Safety In Dentistry, Marie T. Fluent Dds, Cdipc

The Journal of the Michigan Dental Association

In this article, Dr. Fluent underscores the importance of eye safety from vision loss that ended her clinical dental career. The article emphasizes the prevalence of ocular injuries in occupational settings, with about 2,000 U.S. workers suffering job-related eye injuries daily. Dental professionals face multiple eye hazards, including flying debris, chemicals, and infectious materials. Protective eyewear is crucial, with the CDC and OSHA recommending its use.

A significant concern is the "bottom gap" in protective eyewear, which exposes dental personnel to risks. The article introduces a new ANSI standard, ANSI/ISEA Z87.62-2021, to standardize eye and face protection against bloodborne pathogens …

Protect Yourself From Occupational Risks, Christopher J. Smiley Dds

The Journal of the Michigan Dental Association

This month’s editorial underscores the importance of safeguarding against occupational risks in dentistry. Dr. Smiley shares personal experiences, highlighting potential hazards to oral health care workers' eyes and hearing, including intense lights, noisy equipment, and exposure to infectious pathogens. He emphasizes the need for protective eyewear, light shields, and equipment calibration to reduce eye-related risks and the use of custom musician earplugs to reduce the risk of job-related hearing damage. The overall message stresses that taking steps to protect oneself from occupational risks can preserve the quality of life and a professional career.

Mda At Your Service: What Is The Recommendation Regarding Prescribing Clindamycin?, Eric Tye Dds, Angela Kanazeh Ms, Cmp

The Journal of the Michigan Dental Association

The MDA at Your Service Column addresses member resources available from the MDA. This month presents guidance in prescribing practices, particularly regarding clindamycin. Clindamycin’s association with an increased risk of antibiotic-associated diarrhea, including Clostridioides difficile (C. diff) infection, has increased. The report highlights how to access an ADA clinical guideline, its preference for azithromycin over clindamycin, and the warning associated with prescribing clindamycin. Further reference is available in the August 2020 MDA Journal article "Antibiotic Guidelines for Dentistry: Who, When, What, Why and How to Prescribe,” by Elaine Bailey, PharmD, and Marie Fluent, DDS. Additional member resources discussed in this …

Dentistry And The Law: Dealing With Patients Who Have Been Using Marijuana, Dan Schulte Jd

The Journal of the Michigan Dental Association

When dealing with patients who emit a strong marijuana odor, it's crucial to focus on their capacity to provide informed consent and the ability to deliver treatment up to the standard of care. Judging their level of intoxication solely by appearance and smell can be unreliable, so it's best to avoid making such judgments. Instead, inform patients that you may refuse treatment if their odor or other factors hinder your ability to provide care. To prevent last-minute issues, communicate this policy in advance, particularly to patients with a history of marijuana odor. Dismissing such patients from your practice may also …

J Mich Dent Assoc October 2022

The Journal of the Michigan Dental Association

Monthly, The Journal of the Michigan Dental Association brings news, information, and feature articles to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

In this issue, the reader will find the following original content:

• A cover story on eye safety to reduce occupational risk of eye injury in clinical dentistry.
• A feature story on a dentist’s journey with Bell’s Palsy.
• A department reports on legal issues caring for patients suspected of being under the influence of marijuana.
• Department article on workforce and employees quietly quitting.
• Articles on MDA Public Relations Grant Recipients …

Dean’S Report: Detroit Mercy Dental Evolving With Purpose, Value, And Pride: A Look At The Past Year And All The People Who Made It Happen, Mert N. Aksu Dds, Jd, Mhsa, Cert. Dph

The Journal of the Michigan Dental Association

In the past year, the University of Detroit Mercy School of Dentistry has continued its commitment to evidence-based clinical education, preparing ethical and culturally sensitive graduates for dental practice. Changes brought on by the pandemic have become part of the new normal, with the introduction of the HyFlex classroom format, allowing students flexibility in attending classes in person, virtually, or through recorded lectures. Clinic time and sessions have been consolidated to provide more focused patient care, with students now spending 28-30 hours per week on direct patient care. The University Health Center (UHC) clinic, which served as a significant teaching …

Dean’S Report: University Of Michigan School Of Dentistry Advancing Dental Education And Oral Health Science Is Our Passion And Mission, Jan Hu Bds, Phd

The Journal of the Michigan Dental Association

The Dean of the University of Michigan School of Dentistry, Jan Hu’s annual report to our readers, highlights the school's dedication to dental education and oral health science. The report underscores the school's commitment to maintaining high standards in the face of changing times. Key Highlights:

1. Educational Normalcy: Despite the challenges posed by the pandemic, the school has returned to a sense of normalcy in educating DDS, dental hygiene, and graduate students. Stringent infection control measures are still in place.
2. Vibrant Research: The school's research endeavors remain strong, with over 200 papers, articles, and reviews published in prestigious academic journals …

Ada Trustee Report: Does The Ada Have A Long-Term Vision For Oral Health In America?, Michele Tulak-Gorecki Dds

The Journal of the Michigan Dental Association

This trustee report discusses the need for a long-term vision for oral health in America within the context of changing trends in dentistry. It highlights key questions related to evolving member value propositions, improving insurance coverage, expanding collaboration with primary care providers, and establishing dentistry as an essential part of the primary care system. A Board workgroup has been formed to explore potential actions and recommendations. The report underscores the importance of addressing these challenges. It encourages the dental profession to have meaningful conversations and work together to shape a future that aligns with new generations' evolving needs and expectations.

Advocacy Spotlight: Are You An Advocate?, Vincent Benivegna Dds

The Journal of the Michigan Dental Association

Advocacy is crucial for dentists in Michigan, as they face a unique opportunity to impact Medicaid dental benefits positively. Governor Gretchen Whitmer's budget proposal for 2023 includes a substantial $240 million investment to revamp dental Medicaid benefits, a historic move for the state. The Michigan Dental Association (MDA) has actively engaged with government offices and legislators to ensure this opportunity is not missed. However, despite the MDA's efforts to mobilize members through action alerts, response rates have disappointed. The article emphasizes the importance of consistent advocacy, as it has the power to influence dental practices and the well-being of patients …

J Mich Dent Assoc July 2022

The Journal of the Michigan Dental Association

Monthly, The Journal of the Michigan Dental Association brings news, information, and feature articles to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists! In this July 2022 issue, the reader will find the following original content:

• A cover feature on negotiating reimbursement rates with PPO contracts.
• A cover feature on guarding against employee embezzlement.
• A 10-Minute EBD on rampant caries management and prevention with ADHD patients taking stimulant medications.
• A Back Page look at the 2022 MDA award winners.
• News you need: an Editorial, guidance on dental practice cybersecurity, and regular department …

Statement From Columbia Law School’S Center For Gender And Sexuality Law On The Supreme Court Decision Overruling The Constitutional Right To Abortion, Center For Gender And Sexuality Law

Center for Gender & Sexuality Law

The Supreme Court opinion in Dobbs v. Jackson Women’s Health Organization signals a major break with at least three generations of constitutional law. This opinion eliminates not only constitutional protections for abortion, but well-settled legal principles on which fundamental rights have rested for over 60 years. “Within a 24-hour period the Supreme Court ruled on the one hand that abortion rights are a local issue to be decided by each state independently, while on the other, states are barred from making local decisions about how to regulate guns,” said Katherine Franke, James L. Dohr Professor of Law and Director of …

The Teacher, Yoga, And The Third Eye, Christopher J. Smiley Dds

The Journal of the Michigan Dental Association

This editorial discusses a dental assistant's concern about a teacher promoting unfounded claims about fluoride and the "third eye" concept, impacting students' choices. The author explores the dubious origins of the third eye idea, referencing a yoga article, and emphasizes the importance of evidence-based approaches in dental care. Drawing from historical examples and challenges in patient beliefs, the editorial stresses the need for clinicians to blend scientific evidence, expertise, and patient preferences in a patient-centered approach. The author advocates presenting valid, reliable information in plain language to empower patients in making informed decisions and highlights the obligation to provide care …

Headquarters Report: Without Mda Advocacy, Michigan Dentistry Would Look Very Different, Karen Burgess Cae

The Journal of the Michigan Dental Association

This Headquarters Report reflects on the impactful advocacy efforts of the Michigan Dental Association (MDA) over the past three years. Highlighting various scenarios, the report envisions a different landscape for dentistry in Michigan without MDA advocacy. The article emphasizes the critical role played by MDA in addressing issues related to COVID-19, regulations, funding, public protection, and dental policies. The advocacy initiatives have not only protected dental professionals but have also ensured the best interests of the public, contributing to a resilient and thriving dental community in Michigan.

J Mich Dent Assoc June 2022

The Journal of the Michigan Dental Association

Monthly, The Journal of the Michigan Dental Association brings news, information, and feature articles to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

In this June 2022 issue, the reader will find the following original content:

• A cover feature on the MDA Public Education Campaign
• A 10-Minute EBD, "Are Neoplasms a Risk for Peri-Implantitis?"
• A feature on "The President’s Address to the House of Delegates"
• News you need: an Editorial, a Headquarters Report, Facts about MDA Peer Review, and regular department articles, Dentistry and the Law, Staff Matters, Advocacy, and component news …

A Pandemic Of Separation Of Powers Violations In Texas: The Interrelationship Of The Texas Disaster Act And Texas Gov’T Code Section 22.0035, Ron Beal

St. Mary's Law Journal

This Article is on the interrelationship of the Texas Disaster Act and Texas Government Code Section 22.0035. The author demonstrates that the Governor of Texas and the Texas Supreme Court have grossly violated the separation of powers on a continuing basis since March 29, 2020 by Governor Abbott issuing Executive Order 13, which prohibits the granting of bail to anyone awaiting trial, and the Texas Supreme Court’s unwillingness to invalidate that order administratively or judicially. Finally, the Article addresses the nearly one thousand district and county court judges who are constantly violating the separations of powers by failing to invalidate …

Telemedicine Across Borders: Entrenched Issues Exposed By Covid-19, Richmond B. Wrinkle

Georgia Journal of International & Comparative Law

No abstract provided.

A Geographically Targeted Approach For A Preceptor Tax Incentive Using Primary Care Health Professional Shortage Areas (Hpsas), Julia Mattingly, Sarah Belcher, Samuel C. Kessler

Commonwealth Policy Papers

Years before the COVID-19 pandemic brought on a health care shortage in Kentucky, its rural areas were already struggling to obtain and attract primary care medical practitioners. Even though the number of medical school graduates in the U.S. has steadily increased throughout the years, there is a general disinterest in rural or small-town practice, and legislators throughout the country have pondered ways to address this issue plaguing communities. Versions of Preceptor Tax Incentive legislation in Kentucky have been proposed in the General Assembly to address care shortages in the state, however, all have been unsuccessful at truly targeting rural areas …

Covid-19’S Impact On Dental Practice: Managing With Less Support, Christopher J. Smiley Dds

The Journal of the Michigan Dental Association

This editorial explores the impact of COVID-19 on dental practice, focusing on the challenges of managing with reduced support due to workforce shortages. The author shares personal experiences highlighting broader workforce realities, including stress, compensation concerns, and a desire for work-life balance contributing to the "Great Resignation." The dental field, already facing shortages, witnesses increased competition for skilled professionals, with corporate dentistry exacerbating the situation. The editorial discusses potential solutions, such as revising delegation rules, addressing relicensure barriers, and advocating for higher education funding. The lasting changes in dental practice administration and patient care delivery post-COVID-19, including potential shifts in …

J Mich Dent Assoc May 2022

The Journal of the Michigan Dental Association

Monthly, The Journal of the Michigan Dental Association brings news, information, and feature articles to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

In this May 2022 issue, the reader will find the following original content:

• A feature on “Periodontal Disease and COVID-19"
• A cover feature introducing Dr. Vince Benivegna 2022-23 MDA President
• A 10-Minute EBD: “Charcoal Toothpastes Pose Risks with Few Benefits”
• A Professional Ethics article on “How Can Our Office be More Inclusive of Transgender Patients”
• News you need: an Editorial, a profile on Dr. Jessica Rikert, recipient of the …

Periodontal Disease And Covid-19, Zhaozhao Chen Dds, Ms, Phd, Laurie K. Mccauley Dds, Ms, Phd, Purnima S. Kumar Bds, Ms, Phd, Hom-Lay Wang Dds, Ms, Phd

The Journal of the Michigan Dental Association

As the gateway to the respiratory system, the oral cavity can play an essential role in SARS-CoV-2 invasion and transmission. Besides high expression of angiotensin‐converting enzyme 2 (ACE2), the oral cavity can harbor viral particles in saliva, gingival crevicular fluid, and the periodontal pocket. Microbial and inflammatory associations closely link periodontitis and COVID-19. In this review, we summarize the possible oral manifestations of COVID‐19, its association with periodontal diseases, the plausible underlying mechanisms of microbial and inflammatory crosstalk between COVID‐19 and periodontal diseases, and mitigation protocols during periodontal treatment.

Peer Review/Ethics: How Can Our Office Be More Inclusive Of Transgender Patients?, Debra Peters Dds

The Journal of the Michigan Dental Association

In this professional ethics article, Dr. Debra Peters of the ADA’s Council on Ethics, Bylaws and Judicial Affairs addresses the need for dental teams to be more inclusive of transgender patients, emphasizing the challenges faced by transgender and gender non-conforming (TGNC) individuals in accessing dental care. The article recommends providing training and resources for dental teams, highlighting the importance of first impressions and effective communication during patient interactions. Practical suggestions include incorporating affirmed name and gender options in registration forms, ensuring appropriate language in interactions, and addressing insurance claim discrepancies. The column promotes creating a respectful environment and cites the …

Protecting A Woman’S Right To Abortion During A Public Health Crisis, San Juanita Gonzalez

The Scholar: St. Mary's Law Review on Race and Social Justice

As COVID-19 infected our nation, states were quick to issue executive orders restricting various aspects of daily life under the pretense of public safety. It was clear at the outset that certain civil liberties were going to be tested. Among them, the constitutional right to an abortion.

This comment explores Texas’ response to the COVID-19 pandemic and the limitations it imposed on abortion access. It will attempt to address the legitimacy of the “public health concerns” listed in executive orders issued throughout numerous states and will discuss the pertinent legal framework and judicial scrutiny to apply.

According to the Fifth …

Wellness Review 2021, Part 2, Brian A. Ferguson, Martin Huecker

Journal of Wellness

Introduction: This article presents Part 2 of the biannual JWellness Review of literature from 2021 (July – December). We emphasize new science and resilience initiatives published outside of JWellness that seek understanding of burnout and thriving among healthcare professionals (HCPs).

Methods: For the interval of July 1 to December 30, 2021, PubMed was queried for empirical and observational research studies, review articles, guideline summaries, letters, and editorials. Of 93 results, we reviewed methods and salient points to arrive at a final list of 48 articles for inclusion.

Literature in Review: Common themes that emerged included teamwork, EMR optimization, group decompression, …

Medical Necessity Of Residential Treatment For Anorexia: Can Parity Be Achieved?, Abbey Derechin

Northwestern Journal of Law & Social Policy

This Note examines the statutory landscape of mental health parity in the United States. The lens of this Note is through the mental illness of anorexia. Parity laws mandate analogous limitations between mental and physical illness. Therefore, because anorexia has many physical manifestations, it serves as a nice juxtaposition to physical illnesses. This Note will argue for broad interpretation of the Mental Health Parity and Addiction Equity Act (MHPAEA) through comparative analysis of counterpart statute, the California Mental Health Parity Act (CMHPA). It will explore how courts have interpreted the CMHPA broadly to suggest that the MHPAEA should be interpreted …

Protect Your Patients And Yourself: The Complete And Honest Medical History, Mitchell Gardiner Dmd

The Journal of the Michigan Dental Association

This feature article emphasizes the critical role of obtaining a complete and honest medical history in dental practice. Reflecting on the evolution of clinicians' diligence since dental school, the article underscores the potential risks associated with inadequate medical histories. The legal and ethical responsibilities in gathering comprehensive patient information are highlighted, emphasizing the impact on patient well-being and the dentist's vulnerability to legal challenges. The complexities of patients' truthfulness, especially regarding sensitive topics, are discussed, urging clinicians to establish trust for accurate disclosures. The article concludes with practical recommendations, stressing the ongoing need for thorough medical history reviews and the …