Message from the Directors
Fall 2016

With the new school year underway, the UNLV Health Law Program would like to announce our 2016-2017 Health Law Speaker Series, invite you to attend our fall programs, share our recent scholarly accomplishments and service activities, and thank our Advisory Board members and community partners for their support.

Stacey Tovino, JD, PhD
Director, UNLV Health Law Program
Lehman Professor of Law
UNLV William S. Boyd School of Law

Max Gakh, JD, MPH
Associate Director, UNLV Health Law Program
Assistant Professor
UNLV School of Community Health Sciences
2016-2017 Health Law Speaker Series

The UNLV Health Law Program invites you to attend the 2016-2017  Health Law Speaker Series. The Speaker Series is designed to encourage dialogue regarding issues that lie at the intersection of health and law and to give faculty, students, and community members the opportunity to meet nationally and internationally recognized experts in health law and bioethics.

The Health Law Speaker Series is free and open to the public. To attend a Speaker Series event listed below, please RSVP and send parking pass requests to  Mayara Cueto-Diaz .

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Professor Laura Rothstein
Thursday, October 6, 2016

On Thursday, October 6, 2016,  Laura Rothstein, JD (right), Distinguished University Scholar and Professor of Law, University of Louisville Louis D. Brandeis School of Law, will give the Health Law Program's Second Annual Health Law Lecture. The lecture, titled "Changing Standards for Health Care Professional Programs for Individuals with Disabilities:  Southeastern Community College Revisited," will take place at 4:00 p.m. in the  Thomas and Mack Moot Court Facility. The lecture has been approved for one CLE credit. A flyer for the Second Annual Health Law Lecture is available for download  here.

During her forty years in legal education, Professor Rothstein has written extensively on disability discrimination with an emphasis on disability discrimination in higher education as well as racial and gender diversity within legal education and the legal profession. She uses her scholarship as an "advocate through education" and hopes to influence policy and practice by increasing awareness and understanding of disability rights issues. 

Professor Rothstein is an elected member of the American Law Institute. She has experience in implementing disability policy having served as Dean of the University of Louisville Louis D. Brandeis School of Law and Associate Dean for Graduate Studies and Special Programs as well as Associate Dean for Student Affairs at the University of Houston Law Center.

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Professor Mark Rothstein
Thursday, October 6, 2016

On Thursday, October 6, 2016,  Mark Rothstein, JD (left), will give a talk titled "Protecting Health Privacy Is Harder Than Many People Think." The talk will take place at 12:00 p.m. in the Fourth-Floor Faculty Lounge of the  Beverly Rogers Literature and Law Building. A flyer for Professor Rothstein's talk may be downloaded  here.

Professor Rothstein serves as the Herbert F. Boehl Chair of Law and Medicine and Founding Director of the Institute for Bioethics, Health Policy and Law at the University of Louisville School of Medicine as well as Professor of Law at the University of Louisville Louis D. Brandeis School of Law. He has authored nineteen books and over 250 articles in the areas of bioethics, genetics, health privacy, public health law, and employment law.

From 1999-2008, Professor Rothstein served as Chair of the Subcommittee on Privacy and Confidentiality of the National Committee on Vital Health Statistics, the statutory advisory committee to the Secretary of the federal Department of Health and Human Services. He is past president of the American Society of Law, Medicine and Ethics. Professor Rothstein currently serves as Public Health Ethics Editor for the American Journal of Public Health and writes a regular column on Bioethics for the Journal of Law, Medicine & Ethics.  

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Dr. Mark Kuczewski
Wednesday, March 1, 2017

On Wednesday, March 1, 2017,  Mark Kuczewski, PhD (right), Fr. Michael I. English, SJ, Professor of Medical Ethics, Director of the Neiswanger Institute for Bioethics and Health Policy, and Chair of the Department of Medical Education at Loyola University Chicago Stritch School of Medicine, will give a talk titled "DREAMers of DACA Status Welcome: Undocumented Immigrants and Medical Education." The talk will take place at 12:00 p.m. in the Fourth-Floor Faculty Lounge in UNLV's  Beverly Rogers Literature and Law Building.

Dr. Kuczewski will discuss the decision of Stritch School of Medicine to  welcome applications  from qualified individuals with Deferred Action for Childhood Arrivals (DACA) status. Known as DREAMers under the federal Development, Relief, and Education of Alien Minors (DREAM) Act, these students join U.S. citizens and legal permanent residents as eligible for admission to Loyola Chicago's medical school.

Dr. Kuczewski is a member of the Advisory Board of the Undocumented Patients Project of the Hastings Center, past president of the American Society for Bioethics and Humanities (ASBH), and  Co-Chair of the university-wide Dreamer Committee of Loyola University Chicago.

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Dean Judith Daar
Monday, April 17, 2017

On Monday, April 17, 2017, 
Judith Daar , JD (left), Dean and Professor of Law, Whittier Law School, and Clinical Professor of Medicine, University of California Irvine School of Medicine, will give a talk titled " Contemporary Dilemmas in Reproductive Medicine ." Dean Daar's talk will take place at 12:00 p.m. in the Fourth-Floor Faculty Lounge of UNLV's  Beverly Rogers Literature and Law Building.

Dean Daar's scholarship focuses on assisted reproductive technologies. She has authored over one hundred articles, book chapters, editorials, and white papers on topics such as stem cell research, human cloning, frozen embryo disputes, the use of genetic technologies, and the regulation of reproductive medicine. Her first book,  Reproductive Technologies and the Law, was published in 2006, with a second edition appearing in 2013. Her most recent book,  The New Eugenics: Selective Breeding in an Era of Reproductive Technologies, will be published by Yale University Press.

Dean Daar has served as Chair of the Association of American Law School's Section on Law, Medicine, and Health Care; Member, Board of Directors, American Society of Law, Medicine & Ethics (ASLME); President, ASLME; Member, Society for Assisted Reproductive Technologies (ART), Committee on Informed Consent in ART; Elected Member, American Law Institute; Member, Harbor-UCLA Institutional Review Board; and Member, American Bar Association Coordinating Group on Bioethics. Dean Daar currently serves as Chair of the Ethics Committee of the American Society for Reproductive Medicine. She is also a member of the University of California Irvine Medical Center Ethics Committee.
Additional Fall 2016 Programming

In addition to our  Health Law Speaker Series, the UNLV Health Law Program also organizes, hosts, sponsors, and supports a number of other health-related talks, lectures, conferences, symposia, continuing education programs, film screenings, and  other events throughout the year.  Christine Smith, MS (right), Associate Dean for Public Service, Compliance, and Administration at Boyd School of Law, provides outstanding leadership with respect to these programs, including the upcoming programs listed below.  Please contact Dean Smith f or additional information regarding these programs.

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End-of-Life Symposium
Friday, September 9, 2016

Together with Ji Won Yoo, MD, MS (left), of the University of Nevada, Reno School of Medicine Department of Internal Medicine, the UNLV Health Law Program will co-host an End-of-Life Symposium on Friday, September 9, 2016. The Symposium, which will take place in the Thomas and Mack Moot Court Facility at Boyd School of Law, will run from 1:30 
to 5:10 p.m. The Symposium has been  approved for 3.5 CLE credits and is pending approval for 3.0 CME (ethics) credits.  Additional information regarding the End-of-Life Symposium, including registration information, is available  here . A Symposium flyer may be downloaded here.


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Substance Use and the Law Program
Friday, September 16, 2016

Together with the 
Southern Nevada Addictive Disorders Training Project Foundation for Recovery, Las Vegas Recovery Center, WestCare of Nevada, and Las Vegas Youth Offender Court, the UNLV Health Law Program is co-hosting a  Substance Use and the Law Program  on Friday, September 16, 2016, from 1:30 to 4:30 p. m. in the Thomas and Mack Moot Court Facility.

This program is approved for 3 CLE substance abuse credits and is pending approval for 2.5 CEU credits from the State of Nevada Board of Examiners for Alcohol, Drug & Gambling Counselors; the Nevada Board of Examiners for Marriage & Family Therapists and Clinical Professional Counselors; the State of Nevada Board of Examiners for Social Workers; and the State of Nevada Board of Psychological Examiners.  Additional information regarding the Substance Use and the Law Program, including registration information, is available  here  and  here . A Program flyer may be downloaded  here .

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States of Grace Film Screening
Wednesday, September 21, 2016

The UNLV Health Law Program and Boyd School of Law's Public Interest Law Film Festival will host  Kate Martin, MD, MPH, MBA Cand. (left), Associate Professor and Program Director, Family and Community Medicine Residency Program, University of Nevada, Reno School of Medicine, who has organized a screening of  States of Grace: A Journey of Loss, Resilience, and Renewal (New Day Films, 2014, 75 minutes), on Wednesday, September 21, 2016.  The winner of multiple audience awards, States of Grace  intimately captures the profound transformation of a revered physician, Grace Dammann, MD, and her family in the wake of a life-changing accident.

A meet-and-greet with Dr. Dammann will be held in the Wiener-Rogers Law Library from 4:30 to 5:30 p.m. The film screening will begin at 6:00 p.m. in the  Thomas and Mack Moot Court Facility Following the screening, Dr. Martin will lead a question-and-answer session with Dr. Dammann. Additional information regarding the  States of Grace   meet-and-greet, film screening, and discussion is available  here and here . An event poster is available for download here

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Continuing Education Training Program Related to Sexual Offenders
Friday, October 14, 2016

The  UNLV William S. Boyd School of Law and The  UNLV Practice will host the  2016 Sexual Offender Continuing Education (CE) Training Program put on by the  Global Institute of Forensic Research on Friday, October 14, 2016, in the Thomas and Mack Moot Court Facility. This one-day training will provide participants a chance to better understand Internet sex offenders, who are the fastest growing segment of the sex offender population. The training will consist of an in-person component as well as an online component. 

This training is pending approval for 7 hours of CLE credit by the Nevada Board of Continuing Legal Education and is approved for 20 hours of CE credit by  the American Psychological Association, American Nurses Credentialing Center, National Board of Certified Counselors, Association of Social Work Boards, The Association for Addiction Professionals, Nevada State Board of Nursing, Nevada Board of Psychological Examiners, Nevada Board of Examiners for Marriage and Family Therapists & Clinical Professional Counselors, and the Nevada Board of Social Workers.  Additional information about the 2016 Sexual Offender CE Training Program,  including registration information, is available  here

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Nevada Population Health Conference
Thursday, November 17, 2016

Connie Akridge, MBA, JD, a partner at the law firm of Holland & Hart and a member of the UNLV Health Law Program  Advisory Board, is spearheading the  Nevada Population Health Conference. The UNLV Health Law Program is proud to help organize this event. The Conference, entitled "Innovations in Population Health," will be held on Thursday, November 17, 2016, at UnitedHealthcare, 2724 N. Tenaya Way, Las Vegas, NV.  The Conference also may be viewed via video streaming at the University of Nevada, Reno Innevation Center, 450 Sinclair St., Reno, NV.  Click  here  for additional information regarding the Nevada Population Health Conference, including registration details. To download a Conference postcard, click here.
2016-2017 Health Law Curriculum

The UNLV Health Law Program will offer a wide variety of health law classes this academic year. During Fall 2016, students at the UNLV William S. Boyd School of Law and the UNLV School of Community Health Sciences may register for Bioethics and the Law with  Professor Leslie Griffin, Disability Law with  Professor Ann McGinley, Mental Health Law with  Professor Sara Gordon, Public Health Law with  Professor Max Gakh, and Law and Ethics for Health Care Managers with Adjunct Professor Glen Stevens. 

In Spring 2017, students may enroll in Health Care Access, Quality, and Liability with  Professor Stacey Tovino, HIPAA Privacy with  Professor Stacey Tovino, Public Health Policy: Integrating Theory and Practice with  Professor Max Gakh, and Health Care Organization and Finance with Adjunct Professor Cynthia Asher.

A limited number of seats in some of these classes may be available for non-degree seeking students, including local health care providers and practicing attorneys. Tuition for non-degree-seeking students is $890 per credit hour. Please contact  Dean Jeanne Price or  Professor Stacey Tovino if you are interested in enrolling as a non-degree seeking student in one of our health law classes.
Health Law Concentration

A Health Law Concentration is now available for Boyd students who wish to concentrate their elective studies in health law. Students who wish to concentrate in health law must take fifteen credits from a menu of health law-related courses, experiential learning opportunities, and writing opportunities, select a Health Law Faculty Supervisor, attend Health Law Brown Bags, and attend five or more Approved Health Law Activities during the course of their legal education. Additional information regarding Boyd's new Health Law Concentration is available  here.
Nutile Law Hires Two Boyd Students

The UNLV Health Law Program has several outstanding community partners who have volunteered to supervise our law students through paid health law internships. The  Program would like to thank Maria Nutile, JD, LLM, for serving as one such community partner. Ms. Nutile began her legal career with the law firm of Sheehan, Phinney Bass & Green in Manchester, New Hampshire, before moving west in 1994 to practice with the Phoenix based law firm of Snell & Wilmer, LLP, where she served as a partner in the Business and Finance Group. Ms. Nutile started her own firm, Nutile Law in Henderson, Nevada, in 2002.  

Ms. Nutile practices primarily in the areas of healthcare and transactional business law. She assists clients with a variety of health care legal issues including hospital/medical staff relations, mergers and acquisitions, joint ventures, independent practice associations, management services organizations, health care fraud and abuse, federal and state compliance issues, and administrative hearings. Ms. Nutile was selected by her peers to be included in Best Lawyers in the area of Health Care Law every year from 2007 to 2017. Ms. Nutile also was named Best Lawyer's Lawyer of the Year in Health Care in 2015 and again in 2017.

During the 2015-2016 academic year, Ms. Nutile supervised Bridget Kelly (Boyd, Dec. '16; right) as part of a health law internship.  Ms. Kelly earned her AB in Linguistics from Harvard College and her MS in Speech-Language Pathology from Vanderbilt University.  Through her work as a speech therapist, Ms. Kelly was able to travel to the United Kingdom to serve as Dysphagia Nurse Training Coordinator and Staff Speech Therapist for the National Health Service. 

Ms. Kelly, a student in Boyd School of Law's evening program, expects to graduate in December 2016 and will join Nutile Law following graduation. Ms. Kelly has worked throughout law school, including in rehabilitation at an exceptional local hospital as well as through the health law internship offered by Ms. Nutile.  Ms. Kelly states that, "My professional experience and passion for responsible patient care, combined with the opportunities and discipline gained through law study, will allow me to help ensure the excellence of medical care in the U.S. in the face of imminent changes and challenges."  

Ms. Nutile also recently hired Jason Sadow (Boyd, Dec. '15; left). Mr. Sadow, a graduate of Boyd School of Law's evening program, excelled in his Health Care Organization and Finance course during law school and looks forward to building on that coursework at Nutile Law. Mr. Sadow brings twenty years of experience in information technology with a focus in gaming and construction, including project cost accounting, project management, and marketing to his new position.  Including 
Ms. Kelly and Mr. Sadow, Ms. Nutile has hired and trained seven health care transactional and regulatory attorneys who graduated from Boyd School of Law.

Faculty Scholarship

The UNLV Health Law Program is proud of its scholarly culture and its  publication record. Program Faculty members pursue distinct and complementary research, publishing in a wide variety of areas at the intersection of health and law. Forthcoming and recent (2016) Health Law Program scholarship includes:

Sara GordonThe Use and Abuse of Mutual Support Programs in Drug Courts, Illinois L. Rev. (forthcoming 2017).

Sara GordonCrossing the Line: Daubert , Dual Roles, and the Admissibility of Forensic Mental Health Testimony, 37 Cardozo L. Rev. 1345 (2016).

Sara GordonThe Danger Zone: How the Dangerous Standard in Civil Commitment Proceedings Harms People with Serious Mental Illness, 66 Case Western Reserve L. Rev. 657 (2016).

Ann McGinleyDisability Law: Cases, Materials, Problems (LexisNexis, forthcoming 2017) (with Laura Rothstein).

Stacey TovinoOn Health, Law, and the House of God (under review).

Stacey TovinoData Protection under the HIPAA Privacy Rule, Seton Hall L. Rev. (forthcoming 2017) (invited symposium).  

Stacey TovinoTeaching the HIPAA Privacy Rule, St. Louis U. L.J. (forthcoming 2017) (invited symposium).

Stacey TovinoComplying with the HIPAA Privacy Rule: Problems and Perspectives, 1 Loy. U. Chi. J. Reg. Compliance (forthcoming 2017) (invited symposium).

Stacey TovinoSuicide in Individuals with Gambling Disorder, St. Louis U. J. Health L. & Pol'y (forthcoming 2017) (invited symposium).

Stacey TovinoThe House Edge: On Gambling Disorder and Professional Responsibility, 91 Washington L. Rev. (forthcoming 2016).

Stacey TovinoGambling Disorder, Vulnerability, and the Law: Mapping the Field, 16 Houston J. Health L. & Pol'y (forthcoming 2016) (invited symposium).

Stacey TovinoOf Mice and Men: On the Seclusion of Immigration Detainees and Hospital Patients, 100 Minnesota L. Rev. 2380 (2016).

Stacey TovinoThe Grapes of Wrath: On the Health of Immigration Detainees, 57 Boston College L. Rev. 167 (2016).

Stacey TovinoHIPAA Privacy: Cases and Materials (Carolina Academic Press, forthcoming 2016).

Stacey TovinoThe DSM-5: Implications for Health Law, 2016 Utah L. Rev. 767 (2016) (invited symposium).
Faculty Presentations

Health Law Program faculty members are  frequently invited to teach intersession courses and give keynote addresses, endowed lectures, guest lectures, paper presentations, and panel presentations at local, national, and international venues. Upcoming and recent presentations by Program faculty members include: 

July 9, 2017, Sara Gordon, "The Use and Abuse of Mutual Support Programs in Drug Courts," XXXV International Congress on Law and Mental Health, International Academy of Law and Mental Health, Faculty of Law, Charles University, Prague, Czech Republic.

July 9, 2017, Stacey Tovino, "U.S. Mental Health Parity Law," XXXV International Congress on Law and Mental Health, International Academy of Law and Mental Health, Faculty of Law, Charles University, Prague, Czech Republic. 

February 24, 2017, Sara Gordon, "The Use and Abuse of Mutual Support Programs in Specialty Courts," Health Law Institute, Mitchell Hamline School of Law, St. Paul, Minnesota.

February 24, 2017,  Stacey Tovino, "Essential Mental Health and Substance Use Disorder Benefits," Health Law Institute, Mitchell Hamline School of Law, St. Paul, Minnesota.

January 2-10, 2017,  Stacey Tovino, Mental Health Law Intersession Course, University of Houston Law Center Health Law & Policy Institute, Houston, Texas.

November 17, 2016,  Max Gakh, "Social Determinants of Health and Health Disparities in Nevada," Nevada Population Health Conference, Las Vegas, Nevada. 

November 1, 2016,  Stacey Tovino, "Cancer, Law, and Ethics," World Cancer Congress: Mobilizing Action, Inspiring Change, Paris, France.

October 14, 2016,  Stacey Tovino, "Regulating Grateful Patient Fundraising: Protecting Confidentiality or Stifling Philanthropy?" Nova Law Review Symposium, Nova Southeastern University, Shepard Broad College of Law, Fort Lauderdale, Florida.

October 10, 2016, Sara Gordon, "Substance Use Disorders and the Law," Drugs in America Today: What Every Judge Needs to Know, The National Judicial College, Las Vegas, Nevada.

October 6-7, 2016, Stacey Tovino, "Legal Issues for the Electrophysiologist: An Update" and "Documentation for Allied Health Professionals," Advancing the Field: Second Biennial Forum on Practice Innovation, Scientific Achievement, and Career Advancement for Pediatric and Adult Congenital Electrophysiology, sponsored by the Pediatric and Congenital Electrophysiology Society (PACES), Florida Hospital for Children, and Florida Hospital Nicholson Center, Orlando, Florida.

September 29, 2016, Stacey Tovino, "EU General Data Protection Regulation," Seton Hall Law Review Symposium, Seton Hall Law School, Newark, New Jersey.

September 25, 2016, Stacey Tovino, "Report Card on Affordable Care and Parity: Implications for Gambling Disorder," National Center for Responsible Gaming (NCRG) Conference on Gambling and Addiction, Las Vegas, Nevada.

September 23, 2016, Stacey Tovino, "Complying with the HIPAA Privacy Rule: Problems and Perspectives," Complying with Law: An Interdisciplinary Dialogue Conference, Loyola University Chicago School of Law, Chicago, Illinois.

September 22, 2016, Max Gakh, "Health Equity & the Law: Potential Barriers and Opportunities," 2016 Nevada Public Health Association Annual Conference, Las Vegas, Nevada.

September 15, 2016, Stacey Tovino, "The Public Health Exception in the HIPAA Privacy Rule," Guest Lecture, UNLV School of Community Health Sciences, Las Vegas, Nevada.

September 9, 2016, Stacey Tovino, "Medicare Regulation of Hospice Payment," End of Life Conference, UNLV William S. Boyd School of Law, Las Vegas, Nevada. 

August 10, 2016, Stacey Tovino, "Gaming Law Ethics," Saratoga Institute on Racing and Gaming, sponsored by the American Bar Association Gaming Law Committee and Albany Law School, Saratoga Springs, New York.

August 6, 2016, Stacey Tovino, "Gambling Disorder, Vulnerability, and the Law: Mapping the Field," Top Ten Issues in Disability Law and Policy Discussion Panel, Southeastern Association of Law Schools Annual Conference, Amelia Island, Florida.

August 5, 2016, Stacey Tovino, "On the Health of Immigration Detainees," Hot Topics in Health Law and Bioethics Discussion Panel, Southeastern Association of Law Schools Annual Conference, Amelia Island, Florida.

June 10, 2016, Sara Gordon, "Problem Gambling and Specialty Courts," 16th International Conference on Gambling and Risk Taking, The Mirage Hotel and Casino, Las Vegas, Nevada.