Physician Autonomy and the Opioid Crisis
Nathan Guevremont1, Mark Barnes1, Claudia E Haupt1
1Mark Barnes, J.D., LL.M., is a partner at Ropes & Gray, LLP, a Visiting Lecturer at Yale Law School and a Lecturer at the Yale School of Medicine. Nathan Guevremont is a student at Yale Law School, J.D. expected 2018; Claudia E. Haupt, Ph.D., J.S.D., is Resident Fellow, Information Society Project, and Research Fellow, Solomon Center for Health Law & Policy, both at Yale Law School.
Abstract:
The scope and severity of the opioid epidemic in the United States has prompted significant legislative intrusion into the patient-physician relationship. These proscriptive regulatory regimes mirror earlier legislation in other politically-charged domains like abortion and gun regulation. We draw on lessons from those contexts to argue that states should consider integrating their responses to the epidemic with existing medical regulatory structures, making physicians partners rather than adversaries in addressing this public health crisis.
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