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Section 504, Handicapped Newborns, and Ethics Committees: An Alternative to the Hotline

Published online by Cambridge University Press:  27 April 2021

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Abstract

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Type
Editorial
Copyright
Copyright © American Society of Law, Medicine and Ethics 1983

References

Strong, C., Defective Infants and Their Impact on Families: Ethical and Legal Considerations, Law, Medicine & Health Care 11(4): 168 (September 1983); Cohn, S.D., The Living Will from the Nurse's Perspective, Law, Medicine & Health Care 11(3): 121 (June 1983); Dunn, L.J., The Eichner/Storar Decision: A Year's Perspective, Law, Medicine & Health Care 10(3): 117 (June 1982); Paris, J.J., Terminating Treatment for Newborns: A Theological Perspective, Law, Medicine & Health Care 10(3): 120 (June 1982); Rothenberg, L.S., The Empty Search for an Imprimatur, or Delphic Oracles Are in Short Supply, Law, Medicine & Health Care 10(3): 115 (June 1982); Corless, I.B., Physicians and Nurses: Roles and Responsibilities in Caring for the Critically III Patient, Law, Medicine & Health Care 10(2): 72 (April 1982); Taub, S., Withholding Treatment from Defective Newborns, Law, Medicine & Health Care 10(1): 4 (February 1982).Google ScholarPubMed
48 Fed. Reg. 30,846 (1983) (to be codified at 45 C.F.R. §84.61).Google Scholar
Rehabilitation Act of 1973, 29 U.S.C. §794 (Supp. V 1981).Google Scholar
48 Fed. Reg. 30,850 (1983).Google Scholar
47 Fed. Reg. 26,027 (1982).Google Scholar
48 Fed. Reg. 9,630 (1983).Google Scholar
American Academy of Pediatrics v. Heckler, 561 F. Supp. 395 (D.D.C. 1983).Google Scholar
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48 Fed. Reg. 30,846 (1983).Google Scholar
48 Fed. Reg. 30,851 (1983) (to be codified at 45 C.F.R. §84.61).Google Scholar
See Tomaselli, L.A. McCann, R.W., AHA Files “Baby Doe”Comments; Criticizes Proposed Rule, Health Law Vigil 6(19): 13 (September 16, 1983).Google ScholarPubMed
See Statement of the American Medical Association to the Department of Health and Human Services Re Nondiscrimination on the Basis of Handicap Related to Health Care for Handicapped Infants (August 26, 1983).Google Scholar
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See, e.g., Knox, , Journal Urges Reagan to Drop “Baby Doe”Rules, Boston Globe, September 15, 1983, at 8; Bound by Reagan's Commitment to “Baby Doe”Rule, Task Force Debates Whether Rule Could Broaden Civil Rights Protections, Washington Post, May 23, 1983, at All, col. a.Google Scholar
See 48 Fed. Reg. 30,847 (referring to Boston television series, “Death in the Nursery,”aired February 1983).Google Scholar
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In re Quinlan, 355 A.2d 647, 671 (N.J. 1976), cert. den., 429 U.S. 1922 (1976) (court ruled that guardian, family and physician should consult hospital “ethics committee”which would agree whether there was a reasonable possibility of patient's recovery).Google Scholar
In re Colyer, 660 P.2d 738 (Wash. 1983) (court advocated reliance on a hospital “prognosis board”to determine a patient's reasonable medical probability of recovery; rejected use of ethics committees containing non-physician personnel in decisions to discontinue life support).Google Scholar
See Youngner, S.J. et al. , A National Survey of Hospital Ethics Committees, in President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research, Deciding to Forego Life-Sustaining Treatment: Ethical, Medical, and Legal Issues in Treatment Decisions (U.S. Government Printing Office, Washington, D.C.) (1983) at 443-49.Google ScholarPubMed
American Academy of Pediatrics, supra note 23, at 51 (Conditions of Participation set out in Appendix pp. 14).Google Scholar
See Medical Groups Divided on “Baby Doe”Alternative, American Medical News, September 16, 1983, at 1.Google Scholar
American Academy of Pediatrics, supra note 23, at 52-53.Google Scholar
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See Americans United for Life Legal Defense Fund, Letter, Ethics Committee Newsletter, No. 2 (October 1983).Google Scholar