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Volume 23 | Issue 2 Spring 2014 Volume 23 | Issue 2 Spring 2014 ANNALS OF HEALTH LAW THE HEALTH POLICY AND LAW REVIEW OF LOYOLA UNIVERSITY CHICAGO SCHOOL OF LAW BEAZLEY INSTITUTE FOR HEALTH LAW AND POLICY EDITOR-IN-CHIEF Jamie Levin PUBLICATIONS EDITOR TECHNICAL PRODUCTION EDITOR Serj Mooradian Donna Miller ADVANCE DIRECTIVE EDITOR SYMPOSIUM EDITOR Meghan Funk Loukas Kalliantasis MARKETING & COORDINATING EDITOR SPECIAL PROJECTS EDITOR Christopher MacDonald Michael Meyer SENIOR PUBLICATIONS EDITOR ADVANCE DIRECTIVE SENIOR EDITOR Alexander Mikulaschek Matthew Newman ANNALS SENIOR EDITORS Lisa Dannewitz Deborah Moldover Grant Peoples Sarah Jin Marcus Morrow Rachelle Sico MEMBERS Matt Brothers Tyler Hanson Miriam Neems Daniel Burns Robert Hogan Andrea Reino Carrie Classick Ashley Huntington Leighanne Root Anne Compton-Brown Mary Johnston Molly Ryder Christopher Conway Courtney Kahle Adrienne Saltz Erica Cribbs Melissa Kong Kelly Gallo Strong Jarel Curvey Greg Lamorena Benjamin VanGelderen Arianne Freeman Spencer Lickteig Michael Weiss Sheila Geraghty Rebecca Liebing Katie Witham Colin Goodman Jean Liu Annette Wojciechowski Jena Grady Kathleen Murphy Jessica Wolf FACULTY ADVISORS Lawrence E. Singer, J.D., M.H.S.A. Director and Professor of Law, Beazley Institute for Health Law and Policy Loyola University Chicago School of Law John D. Blum, J.D., M.H.S. John J. Waldron Research Professor of Health Law Loyola University Chicago School of Law BUSINESS MANAGER Kristin Corrigan VOLUME 23, ISSUE 2 SPRING 2014 ANNALS OF HEALTH LAW Advance Directive THE STUDENT HEALTH POLICY AND LAW REVIEW OF LOYOLA UNIVERSITY CHICAGO SCHOOL OF LAW BRINGING YOU THE LATEST DEVELOPMENTS IN HEALTH LAW Beazley Institute for Health Law and Policy VOLUME 23, STUDENT ISSUE 2 Spring 2014 CONTENTS Editor’s Note Meghan Funk ARTICLES Minor Abortions in Illinois and the Judicial Bypass Procedure Kathleen Murphy ............................................................................................................ 1-12 Illinois Death with Dignity Act: A Case for Legislating Physician Assisted Suicide and Active Euthanasia Michael Weiss .............................................................................................................. 13-26 Futile Care: Why Illinois Law Should Mirror the Texas Advanced Directives Act Mary Johnston .............................................................................................................. 27-38 Changing Illinois Medicaid Asset Recovery: What Does the Future Hold for Illinois? Carrie Classick .............................................................................................................. 39-50 Mandatory Physician Reporting of Gunshot Wounds: A Chicago Perspective Chris Conway ............................................................................................................... 51-62 Trading One Epidemic for Another: Child Immunization Waivers and the Fight Against Evading Stricter Waiver Requirements Annette Wojciechowski ................................................................................................. 63-74 Legal & Ethical Ramifications Outweigh Potential Benefits of Expedited Partner Therapy (EPT): Michigan Should Not Authorize Health Professionals to Provide EPT Sheila Geraghty ............................................................................................................. 75-85 Examining Patient Integrity and Autonomy: Is Assisted Death a Viable Option for Adolescents in the United States? Anne Compton-Brown ................................................................................................ 86-100 United States’ Blood Donor Policy on Gay Men: Adopting an Italian Individual Risk Assessment Policy Melissa Kong ........................................................................................................... 101-112 Acting in the Best Interest of Vulnerable Patients: The Role of Independent Parties in Off-Label Antipsychotic Prescribing for the Elderly in Nursing Homes and Children in Foster Care Jena Grady ................................................................................................................ 113-126 Predicate Creep: The Danger of Multiple Predicate Devices Arianne Freeman ...................................................................................................... 127-139 Physician Marketing on Groupon: How Healthcare Providers Can Ethically Leverage This Technology and Why States Should Allow Them to Do So Miriam Neems .......................................................................................................... 140-152 Ready or Not, Here They Come: A Discussion of the Legal and Ethical Considerations for the Implementation of Electronic Medical Records Ashley R. Huntington ................................................................................................ 153-163 PPACA and the Moral Integrity of Corporations Robert Hogan ........................................................................................................... 164-175 Stem Cell Therapy: The Athlete’s Illegal Destination Greg Lamorena ......................................................................................................... 176-185 ANNALS OF HEALTH LAW Advance Directive Editor’s Note The Annals of Health Law is proud to present the Twelfth Issue of our online, student- written publication, Advance Directive. Advance Directive aims to support and encourage student scholarship in the area of health law and policy. In this vein, this issue explores the legal and ethical challenges facing medical providers. The authors examine a variety of issues related to legal ethics, ranging from assisted suicide to minor abortions. The Issue begins with a concentrated look at legal ethics in Illinois. First, we examine whether the judicial bypass procedure should ethically be used in Illinois to grant abortions to minors. Our authors also explore whether Illinois should pass a death with dignity act that will allow physician assisted suicide and active euthanasia, and we argue that Illinois should allow physicians to refuse to provide futile care. Then, our authors discuss if Illinois should change its Medicaid Asset Recovery to more fairly recover assets from patients. Our authors also discuss if mandatory physician reporting of gun shot wounds in Chicago is a good policy. Our Issue continues with an analysis of legal ethical policies in other states. First, we consider child immunization waivers, specifically examining California’s policy. We also examine whether Michigan should allow medical providers to prescribe expedited partner therapy. Finally, our Issue concludes an analysis of broad changes to legal ethics throughout the United States. First, we examine whether assisted death is a viable option for terminally ill adolescents in the United States. Then, we look at the United States’ blood donor policy unfairly bans the donation of blood by homosexual men. We also look at the dangers of prescribing off-label antipsychotic medications to the elderly and children in foster care. Our authors examine another danger: the use of multiple predicate devices in medical devices. We next look at the ethics involved in physician marketing on Groupon and the ethical considerations for the implementation of electronic medial records. We also discuss how the PPACA affects the moral integrity of corporations in regards to providing contraceptive care. Finally, we argue that stem cell therapy used by athletes should be considered a form of cheating by national sports organizations. We would like to thank Matthew Newman, our Advance Directive Senior Editor, and Donna Miller, our Technical Editor, because without their knowledge and commitment this issue would not have been possible. We would like to give special thanks to our Annals Editor-in-Chief, Jamie Levin, for her unwavering leadership and support. The Annals Executive Board Members, Serj Mooradian, Christopher MacDonald, Loukas Kalliantasis, and Michael Meyer, provided invaluable editorial assistance with this Issue. The Annals members deserve special recognition for their thoughtful and topical articles and for editing the work of their peers. Lastly, we must thank the Beazley Institute for Health Law & Policy and our faculty advisors, Professor Lawrence Singer, Professor John Blum, and Megan Bess for their guidance and support. We hope you enjoy your Twelfth Issue of Advance Directive. Sincerely, Meghan T. Funk Advance Directive Editor Annals of Health Law Loyola University Chicago School of Law ANNALS OF HEALTH LAW Advance Directive VOLUME 23 SPRING 2014 PAGES 1-12 Minor Abortions in Illinois and the Judicial Bypass Procedure Kathleen Murphy* I. INTRODUCTION While abortion rates in the United States are decreasing,1 access to abortion is decreasing as well.2 The passage of strict anti-abortion laws is closing clinics and making it difficult in many regions of the country to gain access to abortion services.3 In particular, it is becoming more difficult for minors to obtain an abortion, a group that is already more limited than the general population to accessing abortion options.4 One method for a minor to obtain an abortion is through a judicial bypass procedure, which allows a minor to get an abortion without having to get consent from, or notify her parents.5 Generally, for a judge to approve an abortion in a judicial bypass * Juris Doctor Candidate, Loyola University Chicago School of Law, Class of 2015. Ms. Murphy is a staff member of Annals of Health Law. 1. Eric Eckholm,
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