Health Law Program Course Offerings

Health Law courses are available to all students, whether in the certificate program or not.

Required Courses (2)

1. HEALTH CARE LAW 6366

3 hrs.
Provides an overview of aspects of health law including access, financing, quality of care, human reproduction, and death and dying issues. Analyzes the relationships between patient, family, provider, regulators, and other interested third parties. Impact of public policy and technology on these relationships.

2. EXTERNSHIP PROGRAM 6275

2 hrs.
Students may take an externship for credit in which they work under the supervision of a lawyer or a judge. The externship course includes a classroom component and students meet together with faculty members to discuss their work experiences in their externship placement. (Note: It is possible for a student to substitute a health law work experience that does not qualify for course credit under the Externship program. In such a situation, the student shall substitute one of the Core Electives for the Externship course.)

Core Electives (Choose at least Three)

BIOETHICS 6002

2 - 3 hrs.
This seminar uses an interdisciplinary approach to studying moral issues in the field of medical treatment and research. Students will examine the legal, ethical, and policy aspects of bioethics controversies. Topics include privacy and confidentiality, human experimentation, the right to refuse treatment, reproduction, organ transplantation, and genetic engineering. Students will write a paper rather than take a final. The paper may be used to satisfy the advanced writing requirement.

CONTEMPORARY LEGAL DEVELOPMENTS/ISSUES IN HEALTH CARE 6021

1 - 4 hrs.
Will emphasize current issues and problems in health care law.

DISABILITIES AND THE LAW 6093

2 - 3 hrs.
Study of legal issues affecting persons with disabilities, including education, higher employment, architectural barriers, transportation, and housing. Focuses on the Americans With Disabilities Act.

DISCRIMINATION IN EMPLOYMENT 6065

2 - 3 hrs.
A study of the constitutional, statutory, and regulatory standards for eliminating and prohibiting discrimination on the basis of the individual’s race, color, religion, sex, or national origin in hiring, discharging, classifying, or promoting employees, or changing their conditions of employment. It covers the procedures necessary for filing an action for discrimination; the Equal Employment Opportunity Commission and how it operates; the standards set out by the major cases; and EEOC regulations for determining discrimination and what obligations employers (public and private), labor unions, and employment agencies are under, including the requirement for affirmative action programs.

ELDER LAW 6061

2 - 3 hrs.
Overview of the legal practice and policy relating to aging individuals and older society. Issues covered are: ethical issues in representing the elderly, age discrimination in employment, income maintenance and social security, Medicare, Medicaid, private health insurance benefits, long - term services, guardianship, elder abuse, neglect, and crime.

HEALTH CARE AND BIOETHICS MEDIATION CLINIC 7011

3 hrs.
This course and clinics gives students an opportunity to develop their communication, facilitation, and mediation skills. Through reading, simulated exercises, field work, and live co-mediations, students will learn the law, ethics, and procedures involved in mediating disputes. The study and work will focus on problems and disputes that arise in health care settings, including those that arise per-admission, during hospitalization/residency. Immediately before discharge, and post-discharge. The issues may relate to conflicts between patients, their families, and providers. The actual matters handled will depend on referrals and approvals from participating hospitals and nursing homes. Students who have received credit for the other ADR Clinic will not be able to enroll in this clinic. The students’ training will satisfy the 40 hour requirement for Texas mediators.

HEALTH CARE TRANSACTIONS AND FINANCING 6203

2 hrs.
This course provides an overview of health care entities and their organizations, financing, operational issues, and regulatory environment. Instructional emphasis is on the role of the lawyer in representing and advising the health care client.

LAW AND PSYCHIATRY 6272

2 hrs.
A study of various practical and theoretical aspects of law and psychiatry in the context of the insanity defense, rights of the mentally ill, civil commitment proceedings, involuntary behavior modification programs, and related topics.

LAW, SCIENCE AND THE ENVIRONMENT 6048

2 - 3 hrs.
Prerequisite: LAW 6327, Environmental Law (can be taken concurrently). This is an interdisciplinary course that will involve examining the role of science and scientists in formulating environmental law and policy as well as the legal practice context of mediation to litigation. The environmental attorney frequently works with scientific experts, and this course will provide students with an understanding of basic scientific concepts and allow them to explore how scientific knowledge can improve an attorney’s effectiveness. The course will include reading and analyzing scientific papers on topics of toxicology, epidemiology, hurricanes, global climate change, hydrology, engineering and other environmental science fields, as well as cases involving environmental science.

NON - PROFIT ORGANIZATIONS 6312

3 hrs.
Covers all the laws relating to non - profit entities. It includes legal requirements to obtain non - profit status and to obtain and maintain tax exempt status. It applies certain law, such as copyright and labor laws, to non - profit entities and considers specialized legal problems relating to particular non - profits, such as churches, schools, hospitals, political organizations, homeowner's associations, labor organizations, social clubs, trade and professional associations and cooperatives.

PUBLIC HEALTH LAW 6017

3 hrs.
This course provides an overview of fundamental public health law principles by looking at such topics as immunization, infectious disease, quarantine, newborn screening, organ transplantation, clinical drug trials, medical surveillance, correctional health, and international health interventions. Students will also explore the ethical, policy, economic, and human rights dimensions of these issues.

Sub-Specialty Health Law Electives (Choose Two)

ADVANCED ALTERNATIVE DISPUTE RESOLUTION CLINIC 7360

3 hrs.
Focus is on communication skills, facilitation, and mediation in simulated exercises and in writing assignments with additional requirements; course meets the Texas 40-hour training for mediators.

ADMINISTRATIVE LAW 6079

4 hrs.
Examines the role of the administrative process in our society, formal and informal, and emphasizes the powers and procedures common to all administrative agencies and the relationships among the legislative, judicial, and executive branches in the development of public policy.

CORRECTIONAL HEALTH CARE LAW 6246

2 hrs.
This course examines the jurisprudence pertaining to health care in prisons and jails to determine why and how inmate health has assumed a constitutional dimension, as well as a range of issues such as communicable diseases, substance abuse, women’s health issues, the aging prison population, ethics, and mental illness. The course emphasizes the work being done in Correctional Health Care at Texas Tech University.

EMPLOYMENT LAW 6071

2 - 3 hrs.
Course focuses on laws governing the employer-employee relationship with respect to personnel issues that arise in nonunion settings.

GLOBAL BIOSECURITY LAW 6010

2-3 hrs.
Examines international history in biodefense law, including major treaties in biosecurity and biosafety law, the Biological Weapons Convention, and the Cartegena Protocol; biosecurity regulations and legal frameworks in other countries; international law and public health as well as regulatory approaches of the World Health Organization; and biodiplomacy and the role of Interpol in biocrimes.

INDEPENDENT RESEARCH 7001

1 - 2 hrs.
Requires permission/approval by Health Law Program Director.

INSURANCE LAW 6009

2 - 3 hrs.
The law applicable to the formation, construction, and enforcement of contracts for life, casualty, and property insurance; government regulation of the insurance industry.

INTRODUCTION TO INTELLECTUAL PROPERTY 6231

2 hrs.
This is a general survey of the legal protection of intellectual property, including patent, trade secret, copyright, and trademark.

LAW AND BIOTECHNOLOGY 6006

2 - 3 hrs.
This interdisciplinary course is designed for nonscience and science majors to examine the law and the underlying science and policy of biotechnology. The course will examine biotechnology issues in law concerning genetically modified organisms and foods, stem cells, cloning, DNA, the Human Genome, intellectual property, patenting, and human health and environmental impacts. These issues will be considered within the context of governmental management as well as private sector interaction. The course will include a trial practice opportunity related to a biotechnology case file with a focus on skills concerning lawyers and expert witnesses. The course will have no final examination but will require a written paper that may be submitted for credit for the advanced writing requirement. No substantial overlap exists with the Law and Science 6238.

LAW AND BIOTERRORISM 6007

2 - 3 hrs.
This course begins with an examination of the history of law and bioterrorism and follows with an examination of federal statutes addressing bioterrorism crimes, federal statutes for civil issues arising from bioterrorism, environmental issues, the Federal Tort Claims Act, federal labor law, and private actions. The course examines the relationship between the federal, state, and local governments, as well as the role each plays in the context of bioterrorism. Students will study federalism in a public health context and the issue of civil rights interests in a biodefense. In addition to considering international law and approaches used by other countries in regard to bioterrorism, students will examine the future of the new legal framework for addressing the threat of bioterrorism. The course will have no final examination but will require a written paper that may be submitted for credit for the advanced writing requirement.

LAW AND ETHICS OF CLINICAL RESEARCH 6013

2 hrs.
This course will consider the legal regulation of ethical principles that govern human subject research both in the U.S. and overseas.

LAW, MEDICINE AND LITERATURE 6043

2 - 3 hrs.
This course focuses on reading, writing and speaking the professional language of the law and of medicine and speaking as a counselor, advocate, legislator, judge and physician. The goal of the course will be to understand the issues of professionalism common to both lawyers and physicians. The curriculum includes comparing law with other forms of literary and intellectual activity (e.g., literature, philosophy).

LAW AND SCIENCE 6238

2 hrs.
Considers the application of science to law, as well as the impact of law on the field of science in administrative law, evidence, litigation, and state and federal regulation. Topics will include federal scientific research, quantitative forensics, statistical evaluation, scientific evidence and risk assessment, DNA, scientific evidence, social sciences, and epidemiological and toxicological science and mass tort litigation. The class will conclude with a trial practice exercise that includes a case involving scientific evidence and expert witnesses.

MEDICAL MALPRACTICE 6054

2 - 3 hrs.
A study of the civil liabilities of physicians and other health care providers for professional negligence, with attention to standard of care, analysis of hospital and medical records, pretrial and trial tactics, examination of the medical witness, and settlement negotiation.

NANOTECHNOLOGY LAW AND POLICY 6307

2 - 3 hrs.
This course will include an examination of the scope of nanotechnology as a science and as a commercialized application of science. In addition, the course will examine the legal, regulatory and policy aspects of this emerging technology. Few cases and few laws and ordinances specifically address nanotechnology, but every federal agency has developed a policy statement on its approach to regulation of nanotechnology in its jurisdictional area. Some agencies such as EPA and FDA are well into the aspect of regulation of nanotechnology using existing statutory and regulatory frameworks. The course will include a paper that may meet the advanced writing requirements for the J.D. degree and also the law and science certificate program.

PHARMACY LAW SEMINAR: LEGISLATION TO LIABILITIES 6103

1 hr.
An overview and understanding of laws, regulations, and court opinions impacting pharmaceuticals and the practice of pharmacy.

PRODUCTS LIABILITY 6276

2 hrs.
A comprehensive study of the civil action for harm resulting from defective and dangerous products, including the historical development of this theory of liability and its component parts, the problems concerning vertical and horizontal privity, defectiveness, proof, available defenses, damages, and remedies.

REPRODUCTIVE TECHNOLOGY LAW 6097

2 - 3 hrs.
In this seminar we will examine how the courts and legislatures are applying the fundamental liberties granted by the constitution, such as liberty, privacy, freedom of religion, and equal protection to never before imagined advances in reproductive technology. We will review relevant fundamentals and then analyze how they apply to new technologies, such as in-vitro fertilization, surrogate motherhood, and cloning.