Southern District of New York Rejects Challenge to FDA Exemption Allowing Use of Anti-Static Chemical Compound in Dry Food Packaging Nat. Res. Def. Council, Inc. v. U.S. Food & Drug Admin., 2022 WL 1094790 (S.D.N.Y. Apr. 12, 2022). Plaintiffs are environmental, health, and consumer protection interest groups that brought an action against the U.S. Food and … Continued

I. Introduction It is nearly impossible to separate the image of America from the country’s robust and plentiful agricultural industry. The U.S. has long been recognized and imagined as a land of “amber waves of grain” and “fruited plains.”1 However, in recent decades, the reality of the dangers inherent in commercial agricultural practices has come to … Continued

I. Introduction Physicians who administer therapeutic care to patients can also serve as research investigators for an experimental treatment when their patients are also research subjects; this is called the dual physician-investigator role.1 Although a dual physician-investigator may hold both a therapeutic and investigative relationship with a patient-subject, the duty owed to a patient in therapeutic … Continued

Sexual abuse against children is a significant problem.1 Moreover, effective treatment of child sexual abusers can often be elusive,2 and the conventional assumption is that “sexual recidivism”3 rates remain troublingly high.4 To deal with the problem of recidivism, multiple states have begun implementing chemical castration requirements for sex offenders.5 Although the history of castration is gruesome at times, the modern … Continued

New York State Department of Health Medicaid Decisions1 Compiled by Dena M. DeFazio Sprain Brook Manor Rehab, LLC (Decision After Hearing, Apr. 5, 2022, Natalie J. Bordeaux, ALJ) Appellant was a residential health care facility (RHCF) licensed under Article 28 of the Public Health Law, and located in Westchester, New York. At issue in this … Continued

Hello, colleagues! It is my pleasure, as the Chair of the NYSBA Health Law Section, to welcome you to this edition of the Health Law Journal. I am grateful to Anoush Koroghlian-Scott for her outstanding service as immediate past chair and her efforts to bring about a seamless transition. Thanks, too, to fellow officers Lisa Hayes … Continued

My name is Jacinda Thermidor. I am a rising 2L at St. John’s University School of Law. I am a first-generation Haitian-American who received a bachelor’s degree in global history at John Jay College of Criminal Justice. Growing up, I volunteered at a nursing home under the recreation department. Although that experience sparked my interest … Continued

COVID-19 Masking Program Notice of Emergency Rule Making. The Office of Mental Health added Part 556 to Title 14 N.Y.C.R.R. to implement COVID-19 Mask Program. Filing Date: Feb. 14, 2022. Effective Date: Feb. 14, 2022. See N.Y. Register Mar. 02, 2022. Telehealth Expansion Notice of Emergency Rule Making. The Office of Mental Health amended Part 596 of … Continued

The New York State Legislature concluded its 2022 Legislative Session in early June. The legislative agenda was largely influenced by current external events, including the leaked draft U.S. Supreme Court decision that would overturn Roe v. Wade, the mass shootings that occurred both in New York and nationally, and the New York State Court of Appeals decision … Continued

A Global Pandemic Treaty Must Address Antimicrobial Resistance, Lindsay A. Wilson et al., 49 J. of L., Med. & Ethics, 688-691 (2021). A Reliability Check on Expert Witness Testimony in Medical Malpractice Litigation: Mandatory Medical Simulation, Julie L. Campbell, 31 Health Matrix 1 (2021). A Truly Modern Prometheus: Law and Policy at the Brink of A Genetic Revolution, … Continued