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Deregulating mandatory medical prescription
1Department of Law, Carleton University.
American Journal of Law & Medicine
|January 1, 1986
Summary
Mandatory medical prescription laws, originating from alcohol and opiate prohibition, are not in the public interest. Legal reform prioritizing self-medication could improve competition, reduce costs, and enhance public health outcomes.
Area of Science:
- Legal history
- Health economics
- Pharmaceutical policy
Background:
- The legal framework for mandatory medical prescriptions evolved significantly since 1900.
- Historical parallels exist between drug prohibition and physician control over new medications.
Purpose of the Study:
- To critically examine the historical development and public interest implications of mandatory medical prescription laws.
- To propose an alternative regulatory model based on competition policy and risk aversion.
Main Methods:
- Historical legal analysis of prescription mandates.
- Economic theory application to pharmaceutical regulation.
- Comparative policy analysis.
Main Results:
- Mandatory prescription policies may not serve the public interest, potentially benefiting physician monopolies.
- Self-medication aligns with competition policy, fiduciary duties, and cost reduction.
Conclusions:
- Reforming drug regulation by empowering the lowest-cost risk avoider offers a path to reduced costs and improved health.
- Legal reform should consider the benefits of self-medication and competition in the pharmaceutical market.