Mark A Rothstein
Biographic Data
| ID | 232690 |
|---|---|
| NAME | Mark A Rothstein |
| GIVEN NAMES | Mark A |
| FAMILY NAME | Rothstein |
| SIGNATURE | ROTHSTEIN M A |
| AFFILIATIONS | Mark A. Rothstein is with the Institute for Bioethics, Health Policy and Law, University of Louisville School of Medicine, Louisville, KY. He is also a Department Editor for the American Journal of Public Health. |
| VERIFIED | No |
| TOTAL WORKS | 32 |
| TOTAL CITATIONS | 22 |
| AUTHOR COUNT | 32 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1985 |
| LATEST PUBLICATION YEAR | 2023 |
| H-INDEX | 3 |
Expanding Paid Sick Leave Laws
A key public health measure has received far too little attention over the course of the Covid‐19 pandemic: paid sick leave policies that encourage people at risk of spreading disease to stay home rather than come to work. The United States is one of the only developed countries that fails to guarantee paid sick leave at the federal level, leaving a patchwork of state and private policies that undersupply time off when people are contagious and p…
US Supreme Court Doctrines in Covid-19 Cases Threaten Public Health
Translational Bioethics and Public Health
Translational Bioethics and Public Health Mark A. Rothstein JD Affiliation Mark A. Rothstein is with the Institute for Clinical and Translational Science, University of California, Irvine. CopyRightCorrespondence should be sent to Mark A. Rothstein, JD, 3787 Via Vuelta, Rancho Santa Fe, CA 92091 (e-mail: [email protected]). Reprints can be ordered at https://ajph.org by clicking the "Reprints" link. https://doi.org/10.2105/AJPH.2023.3…
Covid Vaccine Mandates and Religious Accommodation in Employment
Many employers are requiring their employees to be vaccinated for Covid‐19 to comply with federal, state, or local laws, or to conform to employers’ policies. Some employees object to vaccination on religious grounds. Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment based on religion and requires employers to reasonably accommodate employees’ religious beliefs or practices unless doing so would be an undue hardship…
Cardiologists’ Perspectives on BiDil and the Use of Race in Drug Prescribing
Can Genetic Nondiscrimination Laws Save Lives
Numerous state laws and the federal Genetic Information Nondiscrimination Act (GINA) have been enacted to prevent or redress genetic discrimination in employment and health insurance, but laws protecting against genetic discrimination in life insurance have been less common and weak. Consequently, some individuals with a genetic risk of a serious illness have declined presymptomatic genetic testing, thereby decreasing their prevention and treatme…
Employer-Mandated Vaccination for Covid-19
When the US Food and Drug Administration (FDA) decided to grant emergency use authorization (EUA) for the first two vaccines for COVID-19, the United States' response to the pandemic entered a new phase. Initially, the greatest challenge is having enough doses of vaccine and administering them to all who want it. Yet even while many wait expectantly for their turn to be vaccinated, a significant minority of Americans are hesitant. Lack of informa…
Public Health and Privacy in the Pandemic
In deciding whether to use certain health information technology in a pandemic, policymakers should analyze and apply the following criteria, which have been derived from principles commonly cited in the public health ethics literature related to public health powers generally and applied to privacy: (1) necessity and effectiveness; (2) proportionality and minimal infringement; (3) purpose limitations; and (4) justice
The Occupational Safety and Health Act at 50
California Takes the Lead on Data Privacy Law
In the early 1970s, Congress considered enacting comprehensive privacy legislation, but it was unable to do so. In 1974, it passed the Privacy Act, applicable only to information in the possession of the federal government. In the intervening years, other information privacy laws enacted by Congress, such as the Health Insurance Portability and Accountability Act, have been weak and sector specific. With the explosion of information technology an…
Ensuring Compliance With Quarantine by Undocumented Immigrants and Other Vulnerable Groups
A successful quarantine requires a high rate of compliance by individuals with potential exposure to a communicable disease. Many individuals would be reluctant to comply with a quarantine because they fear that contact with government officials will place them in legal, personal, or economic jeopardy. These include undocumented immigrants and individuals with a substance use disorder. For a quarantine to succeed, individuals must be granted temp…
Pain Management and Public Health
Gina at Ten and the Future of Genetic Nondiscrimination Law
May 21, 2018, marks the tenth anniversary of the signing into law of the Genetic Information Nondiscrimination Act. The Congressional deliberations for GINA were long and difficult. The original bill was introduced in 1995, and for many years, it did not look as if the bill would ever emerge from committee. Several of its provisions raised concerns for insurers, employers, and other stakeholders. After thirteen years, the controversial provisions…
Broad Consent for Future Research
In the United States, final amendments to the Federal Policy for the Protection of Human Subjects (“the Common Rule”) were published on January 19, 2017, and they will take effect on January 21, 2019. One of the most widely discussed provisions is that for the first time, federal regulations governing research with humans authorize the use of broad consent for future, unspecified research on individually identifiable biospecimens and associated d…
The 1918 Influenza Pandemic
Employer Wellness Programs Challenged in Court
Many employers faced with rising health care costs have adopted “voluntary” wellness programs that urge employees to engage in various health‐promotion activities, such as smoking cessation and weight reduction. In the proper setting, measures to promote a more healthful lifestyle are difficult to question, but there is little compelling evidence that workplace wellness programs have significant, sustained health benefits or substantially reduce …
The Opioid Crisis and the Need for Compassion in Pain Management
Public Health Planning for Pets
Public Health Planning for Pets Affiliation Mark A. Rothstein JDMark A. Rothstein is with the Institute for Bioethics, Health Policy and Law, University of Louisville School of Medicine, Louisville, KY.CopyRightCorrespondence should be sent to Mark A. Rothstein, JD, Herbert F. Boehl Chair of Law and Medicine, Director, Institute for Bioethics, Health Policy and Law, University of Louisville School of Medicine, 501 E Broadway #310, Louisville, KY …
International Health Research after Schrems v. Data Protection Commissioner
On October 6, 2015, in Schrems v. Data Protection Commissioner, the European Court of Justice, the European Union's highest court, held that the fifteen‐year‐old Safe Harbor Framework Agreement with the United States was invalid. Under the agreement, about forty‐five hundred American companies each year self‐certified to the U.S. Department of Commerce that they were in compliance with the essential privacy protections of the European Union, and …
Preventing Conflicts of Interest of NFL Team Physicians
At least since the time of Hippocrates, the physician‐patient relationship has been the paradigmatic ethical arrangement for the provision of medical care. Yet, a physician‐patient relationship does not exist in every professional interaction involving physicians and individuals they examine or treat. There are several “third‐party” relationships, mostly arising where the individual is not a patient and is merely being examined rather than treate…
Ebola, Quarantine, and the Law
Judged by the key measures of morbidity and mortality, the United States has been very fortunate in the Ebola outbreak so far. We have had a limited number of cases and only a few fatalities. As of this writing, all of the health care workers who became infected in the United States have recovered, and none of the other nonhealth care contacts of Ebola patients has become infected. Yet by almost any other measure, the response to Ebola in the Uni…
The Moral Challenge of Ebola
AffiliationsMark A. Rothstein is with the Institute for Bioethics, Health Policy and Law, University of Louisville School of Medicine, Louisville, KY. He is also a Department Editor for the American Journal of Public Health
Rothstein Responds
AffiliationsMark A. Rothstein is with the Institute for Bioethics, Health Policy and Law, University of Louisville School of Medicine, Louisville, KY. He is also a Department Editor for the American Journal of Public Health
Promoting Public Health in Health Care Facilities
The health care system in the United States is undergoing profound changes. Unprecedented demographic, technological, political, and economic shifts have led to new organizational structures, reimbursement systems, and professional relationships in health care delivery. The most commonly used criteria for determining success of a health care system are access, quality and cost. These measures are important, but they are not the only elements wort…
Genetic Discrimination in Employment Is Indefensible
The first of three commentaries on “A Defense of Genetic Discrimination,” from the July‐August 2013 issue
Encouraging Compliance With Quarantine
A human influenza virus is considered the most likely source of a pandemic in the near future. Quarantine has the potential to be the most effective measure for limiting the spread of infection. The major obstacles to compliance for those asked to enter quarantine include loss of income during quarantine and loss of employment after quarantine. We discuss current antidiscrimination and compensation laws, as well as options to expand coverage for …
Employer-Mandated Vaccination for Covid-19
When the US Food and Drug Administration (FDA) decided to grant emergency use authorization (EUA) for the first two vaccines for COVID-19, the United States' response to the pandemic entered a new phase. Initially, the greatest challenge is having enough doses of vaccine and administering them to all who want it. Yet even while many wait expectantly for their turn to be vaccinated, a significant minority of Americans are hesitant. Lack of informa…
The 1918 Influenza Pandemic
The Moral Challenge of Ebola
AffiliationsMark A. Rothstein is with the Institute for Bioethics, Health Policy and Law, University of Louisville School of Medicine, Louisville, KY. He is also a Department Editor for the American Journal of Public Health
The Opioid Crisis and the Need for Compassion in Pain Management
Promoting Public Health in Health Care Facilities
The health care system in the United States is undergoing profound changes. Unprecedented demographic, technological, political, and economic shifts have led to new organizational structures, reimbursement systems, and professional relationships in health care delivery. The most commonly used criteria for determining success of a health care system are access, quality and cost. These measures are important, but they are not the only elements wort…
Ethical Research and Minorities
In this article the author reflects on the 20th anniversary of the National Institutes of Health (NIH) Revitalization Act of 1993 and on a provision of the law that directed the NIH to establish guidelines for the inclusion of women and members of minority groups in clinical research. In the article the author offers his opinions on the ethical issues associated with research and minorities and on the challenges that are associated with conductin…
Occupational Safety and Health Law
Medical Screening of Workers
Case Study
Genetic Exceptionalism & Legislative Pragmatism
Encouraging Compliance With Quarantine
A human influenza virus is considered the most likely source of a pandemic in the near future. Quarantine has the potential to be the most effective measure for limiting the spread of infection. The major obstacles to compliance for those asked to enter quarantine include loss of income during quarantine and loss of employment after quarantine. We discuss current antidiscrimination and compensation laws, as well as options to expand coverage for …
The Future of Public Health Ethics
For those of us who practice, administer, research, study, or teach public health, two aspects of the field inspire and motivate us-the importance of public health measures to the well being os society and the constantly evolving nature of public health issues. Besides traditional public health concerns such as sanitation, environmental health, and infectious diseases, contemporary public health also focuses on - among other things - newly emergi…
Genetic Discrimination in Employment Is Indefensible
The first of three commentaries on “A Defense of Genetic Discrimination,” from the July‐August 2013 issue
Ethical Research and Minorities
In this article the author reflects on the 20th anniversary of the National Institutes of Health (NIH) Revitalization Act of 1993 and on a provision of the law that directed the NIH to establish guidelines for the inclusion of women and members of minority groups in clinical research. In the article the author offers his opinions on the ethical issues associated with research and minorities and on the challenges that are associated with conductin…
Promoting Public Health in Health Care Facilities
The health care system in the United States is undergoing profound changes. Unprecedented demographic, technological, political, and economic shifts have led to new organizational structures, reimbursement systems, and professional relationships in health care delivery. The most commonly used criteria for determining success of a health care system are access, quality and cost. These measures are important, but they are not the only elements wort…
Ebola, Quarantine, and the Law
Judged by the key measures of morbidity and mortality, the United States has been very fortunate in the Ebola outbreak so far. We have had a limited number of cases and only a few fatalities. As of this writing, all of the health care workers who became infected in the United States have recovered, and none of the other nonhealth care contacts of Ebola patients has become infected. Yet by almost any other measure, the response to Ebola in the Uni…
The Moral Challenge of Ebola
AffiliationsMark A. Rothstein is with the Institute for Bioethics, Health Policy and Law, University of Louisville School of Medicine, Louisville, KY. He is also a Department Editor for the American Journal of Public Health
Rothstein Responds
AffiliationsMark A. Rothstein is with the Institute for Bioethics, Health Policy and Law, University of Louisville School of Medicine, Louisville, KY. He is also a Department Editor for the American Journal of Public Health
International Health Research after Schrems v. Data Protection Commissioner
On October 6, 2015, in Schrems v. Data Protection Commissioner, the European Court of Justice, the European Union's highest court, held that the fifteen‐year‐old Safe Harbor Framework Agreement with the United States was invalid. Under the agreement, about forty‐five hundred American companies each year self‐certified to the U.S. Department of Commerce that they were in compliance with the essential privacy protections of the European Union, and …
Preventing Conflicts of Interest of NFL Team Physicians
At least since the time of Hippocrates, the physician‐patient relationship has been the paradigmatic ethical arrangement for the provision of medical care. Yet, a physician‐patient relationship does not exist in every professional interaction involving physicians and individuals they examine or treat. There are several “third‐party” relationships, mostly arising where the individual is not a patient and is merely being examined rather than treate…
Employer Wellness Programs Challenged in Court
Many employers faced with rising health care costs have adopted “voluntary” wellness programs that urge employees to engage in various health‐promotion activities, such as smoking cessation and weight reduction. In the proper setting, measures to promote a more healthful lifestyle are difficult to question, but there is little compelling evidence that workplace wellness programs have significant, sustained health benefits or substantially reduce …
The Opioid Crisis and the Need for Compassion in Pain Management
Public Health Planning for Pets
Public Health Planning for Pets Affiliation Mark A. Rothstein JDMark A. Rothstein is with the Institute for Bioethics, Health Policy and Law, University of Louisville School of Medicine, Louisville, KY.CopyRightCorrespondence should be sent to Mark A. Rothstein, JD, Herbert F. Boehl Chair of Law and Medicine, Director, Institute for Bioethics, Health Policy and Law, University of Louisville School of Medicine, 501 E Broadway #310, Louisville, KY …
Gina at Ten and the Future of Genetic Nondiscrimination Law
May 21, 2018, marks the tenth anniversary of the signing into law of the Genetic Information Nondiscrimination Act. The Congressional deliberations for GINA were long and difficult. The original bill was introduced in 1995, and for many years, it did not look as if the bill would ever emerge from committee. Several of its provisions raised concerns for insurers, employers, and other stakeholders. After thirteen years, the controversial provisions…
Broad Consent for Future Research
In the United States, final amendments to the Federal Policy for the Protection of Human Subjects (“the Common Rule”) were published on January 19, 2017, and they will take effect on January 21, 2019. One of the most widely discussed provisions is that for the first time, federal regulations governing research with humans authorize the use of broad consent for future, unspecified research on individually identifiable biospecimens and associated d…
The 1918 Influenza Pandemic
California Takes the Lead on Data Privacy Law
In the early 1970s, Congress considered enacting comprehensive privacy legislation, but it was unable to do so. In 1974, it passed the Privacy Act, applicable only to information in the possession of the federal government. In the intervening years, other information privacy laws enacted by Congress, such as the Health Insurance Portability and Accountability Act, have been weak and sector specific. With the explosion of information technology an…
Ensuring Compliance With Quarantine by Undocumented Immigrants and Other Vulnerable Groups
A successful quarantine requires a high rate of compliance by individuals with potential exposure to a communicable disease. Many individuals would be reluctant to comply with a quarantine because they fear that contact with government officials will place them in legal, personal, or economic jeopardy. These include undocumented immigrants and individuals with a substance use disorder. For a quarantine to succeed, individuals must be granted temp…
Pain Management and Public Health
Public Health and Privacy in the Pandemic
In deciding whether to use certain health information technology in a pandemic, policymakers should analyze and apply the following criteria, which have been derived from principles commonly cited in the public health ethics literature related to public health powers generally and applied to privacy: (1) necessity and effectiveness; (2) proportionality and minimal infringement; (3) purpose limitations; and (4) justice
The Occupational Safety and Health Act at 50
Political science (21 works) · Law (19 works) · Medicine (18 works) · Public health (12 works) · Business (11 works) · Nursing (10 works) · Biomedical Ethics and Regulation (6 works) · Coronavirus disease 2019 (COVID-19) (6 works) · Family medicine (6 works) · Health care (6 works)