CURRICULUM VITAE

PART I: General Information

DATE PREPARED: July 2006

Name: Michael H. Cohen

Office Address: Harvard Medical School Osher Institute

Division for Research and Education in Complementary and Integrative Medical Therapies

Landmark Center, 22-A,

401 Park Drive

Boston, MA 02215

Education:

1983 B.A. Columbia University, Columbia College

Concentration: Political Science

1986 J.D. University of California, Berkeley, Boalt Hall School of Law

1988 M.B.A. University of California, Berkeley, Haas School of Management

Thesis: Regulated Industries

1990 M.F.A. University of Iowa, Iowa Writers' Workshop

Thesis: “A Book Full of Surprises” (short story collection)

1992 M.S.C. The New Seminary, New York

Judicial Clerkship:

1986-1987 United States District Court, Southern District of New York

(Thomas P. Griesa, Chief Judge)

Licensure and Certification:

1988 Member of the Bar, Massachusetts

1988 Member of the Bar, New York

1990 Ordination, New York City

1999 Member of the Bar, California

2001  Member of the Bar, Washington, D.C.

Academic Appointments:

1992-1993 Adjunct Instructor Brooklyn Law School

1993-1996 Associate Professor of Law Widener University School of Law

1996-1999 Associate Professor of Law Chapman University School of Law

2000-2002 Lecturer on Medicine Harvard Medical School

2002-2003 Fortieth Anniversary Harvard Divinity School, Center

Senior Fellow for the Study of World Religions

2002-2005  Assistant Professor

of Medicine Harvard Medical School (Department

of Medicine)

2005- Assistant Clinical

Professor of Medicine Harvard Medical School (Department

of Medicine)

2005- Assistant Professor Harvard School of Public Health

(Department of Health Policy &

Management)

Hospital or Affiliated Institution Appointments:

2000-2002 Director of Legal Programs Center for Alternative Medicine Research and

Education, Division of General Medicine and Primary Care, Beth Israel Deaconess Medical Center

2000- Director of Legal Programs Harvard Medical School Division for Research

and Education in Complementary and

Integrative Medical Therapies

2002- Director of Legal Programs Harvard Medical School Osher Institute

Other Professional Positions and Major Visiting Appointments:

Visiting Appointments

1999-2000 Visiting Professor Arizona State University (East Campus)

2005-2006 Visiting Professor; Senior Lecturer College of the Bahamas

2006- Associate Professor College of the Bahamas

Other Professional Positions

1983  Assistant Investment Officer Municipal Assistance Corporation for the City

of New York

1984 Summer Associate Davis, Dwyer, Markel & Edwards

1985 Summer Associate Davis Polk & Wardwell

1986 Summer Associate Gibson, Dunn & Crutcher

1990-1992 Associate Davis Polk & Wardwell

1992-1993 Associate Shereff, Friedman, Hoffman & Goodman

1999,2004- Principal Law Offices of Michael H. Cohen

2000 Associate Cadden, Fuller, Burkhalter & Michaels

2001-2002 Of Counsel Burkhalter, Michaels & Kessler

Professional Societies:

1994-1995 Member American Society of Law, Medicine and Ethics

1987-1998 Member American Bar Association

1999-2000 Member Orange County Bar Association

Community Service Related to Professional Work:

1993 Treasurer National Jewish Law Students Association

1994-1996 Board of Directors Global Community

1995-1997 Board of Directors American Preventive Medical Association

1995-2000 Board of Directors APMA Education & Legal Foundation

1996-1997 Board of Directors New Creek Foundation for Research and

Education on Low Impact Therapy and

Evaluation

1998 Hospice volunteer Veterans’ Administration Hospital (LA)

2000-2002 Advisor to Dr. Eisenberg Federation of State Medical Boards, Model

Guidelines for Complementary and Alternative

Therapies in Medical Practice

2000  Invited Participant Roundtable, Health Law and Ethics, Health

2001 Invited Participant Complementary and Alternative Medicine

Funding Priorities, Toronto Hospital for Sick

Children Canada (Toronto)

2001-2002 Research Advisory Council Religion, Health and Healing Initiative, Center

for the Study of World Religions, Harvard

Divinity School

2002-2003 Advisor to Dr. Eisenberg Massachusetts Special Commission on

Complementary and Alternative Medical Practitioners

2002- Planning Committee Harvard Medical School Osher Institute

2002-2004 Clinic Steering Committee Harvard Medical School Osher Institute

2003-2004 Transition Team Harvard Medical School Osher Institute and

Integrative Care Clinic at Brigham & Women’s Hospital

2003-2004 Consultant Institute of Medicine of the National

Academy of Sciences, Committee on Complementary and Alternative Medicine Use by the American Public

2004  Special Advisor American Pacific University

2004 National Advisory Board Corporate Health Improvement Program,

University of Arizona School of Medicine

2005  External Advisory Committee University of Texas M.D. Anderson Cancer

Center, Integrative Medicine

2005 Core Faculty Member Asian Medicine and Healing Program, Harvard

Medical School Osher Institute

Editorial Boards:

1985-1986 Editor (Book Review) California Law Review

1995-1996 Co-Editor, Legal Matters Alternative & Complementary Therapies

1998-1999 Legal Editor Alternative Healthcare Management

2000 External Reviewer University of Michigan Press

2002 External Reviewer American Journal of Law, Medicine & Ethics

2004 External Reviewer Medical Journal of Australia

2004 External Reviewer Alternative Therapies in Health & Medicine

2004 External Reviewer Journal of Law & Religion

2004 Member, Editorial Board Integrative Medicine: A Clinician’s Journal

2005 External Reviewer Pediatrics

Awards and Honors:

1984 G. Joseph Tauro Distinguished Scholar, Boston University School of Law

1984 Corpus Juris Secundum Award, Boston University School of Law

1984  American Jurisprudence Award, Boston University School of Law

1984  Invited onto Law Review, Boston University School of Law

1984 Invited onto California Law Review, Boalt Hall School of Law

1995 Medical Institute for Law Faculty, Cleveland Clinic (in association with Cleveland-Marshall School of Law)


Part II. Research, Teaching, and Clinical Contributions

A. Narrative Report

During the past fourteen years, my scholarly research has involved legal, regulatory, and ethical issues relating to complementary and alternative medical (CAM) therapies. My focus has been on the implications of integrating these therapies (e.g., acupuncture, massage, chiropractic, herbal treatments) within conventional medical delivery systems. The increasing prevalence of CAM therapies, the importance of addressing the unresolved legal and ethical issues in medical settings, and the creation of a Division for Research and Education in Complementary and Integrative Medical Therapies at Harvard Medical School, led to an opportunity to pursue sponsored research, with an initial appointment as Lecturer on Medicine within the Department of Medicine at Beth Israel Deaconess Medical Center and subsequent promotion to Assistant Professor of Medicine, with an eventual joint appointment as Assistant Professor in the Department of Health Policy & Management at Harvard School of Public Health.

Initial research focused on policies and procedures in the arenas of licensure and credentialing, risk management policies, and guidelines regarding recommendations, tolerance, or avoidance of CAM therapies in clinical settings. I also served as co-investigator on an NIH-funded grant to develop reproducible models of integrative clinical care, and received an NIH grant from the National Library of Medicine as Principal Investigator to develop a book-length manuscript that critically evaluates the integration of CAM therapies into conventional medical settings. A third NIH grant addresses international collaboration concerning herbal products; my role as co-investigator involved addressing intellectual property and other legal issues. Additional funding agencies supporting Legal Programs have included Harvard Divinity School; the Greenwall Foundation; the Hospital for Sick Children; the Epilepsy Foundation; and the Rudolph Steiner Foundation.

In the teaching arena, I lectured on medico-legal issues in an HMS elective course (Complementary, Alternative, Integrative Medicine), lectured in five HMS Continuing Medical Education courses, and am Course Director for an elective at the Harvard School of Public Health, Department of Health Policy & Management, HPM 218 “(Complementary and Alternative Medicine: Policy, Law, and Practice”). Including legal, regulatory, and policy issues in education is increasingly important as clinicians (and hospitals) nationally respond to patient requests concerning use or avoidance of CAM therapies (including dietary supplements) and providers.

Scholarly contributions since arriving at HMS include articles published by the Annals of Internal Medicine, including “Potential physician malpractice liability associated with complementary/integrative medical therapies” (lead author), “Credentialing complementary and alternative medical providers,” and “Ethical considerations of complementary and alternative medical therapies in conventional medical settings.” These articles set foundational frameworks for managing potential physician malpractice liability, and addressing credentialing and ethical issues when counseling patients regarding CAM therapies and providers. A fourth article, published in the Archives of Internal Medicine, deals with informed consent implications of CAM therapies. I have also had papers published in such medical journals as Dermatological Therapies, Epilepsy & Behavior, Contemporary Pediatrics, Journal of Medical Ethics, Clinical Researcher, and Medical Journal of Australia, Pediatrics, as well as legal journals such as the peer-reviewed Journal of Law & Religion.

Since arrival at HMS in 2000, I have written two peer-reviewed, scholarly books that represent original intellectual contributions to the fields of medicine, health care policy, and legal scholarship. Building on Complementary and Alternative Medicine: Legal Boundaries and Regulatory Perspectives (Johns Hopkins University Press, 1998), and Beyond Complementary Medicine (2000) and Future Medicine (2003) (both from University of Michigan Press) analyze the role of licensing, malpractice liability, informed consent, food and drug law, professional discipline, and the therapeutic relationship in relation to clinical services involving CAM therapies. The books are widely cited as foundational in the field, and have received favorable reviews in Harvard Law Review, JAMA, and in Annals as “a concise, authoritative synthesis of biomedicine, alternative medicine, and the regulatory environment” (Annals). At present I am in a part-time capacity as Assistant Clinical Professor of Medicine (with a joint appointment at the School of Public Health), continuing to contribute to teaching at Harvard and the medical literature while gaining valuable practical experience in the field.

The attempt to clearly delineate legal, regulatory, and ethical evidence-based integrative clinical care clearly lends itself to future growth in research, teaching, and clinical domains, as clinicians and hospitals, both at HMS and elsewhere, continue to explore responsible practice.

B. Funding Information

2000-2002 American Specialty Health Plan Principal Investigator Credentialing Practices, Malpractice Liability Policies,

and Guidelines Governing Recommendations

Involving Dietary Supplements

2000-2002 Medtronic Foundation, Inc. Co-Investigator Credentialing, Liability, and

Dietary Supplements Policies

2001-2005  National Center for Complementary

and Alternative Medicine (NIH) Co-Investigator

Models of Integrative Care in an

Academic Health Center

2002-2005 National Library of Medicine (NIH) Principal Investigator

Legal and Social Barriers to Alternative Therapies

2002-2003  Harvard University, Harvard Divinity School, Fortieth Anniversary

Center for the Study of World Religions Senior Fellow

2003-2005 National Center for Complementary

and Alternative Medicine (NIH) Co-Investigator

International Center for Research on CAM

2004-2005 The Greenwall Foundation, New York Principal Investigator Pediatric Use of Complementary Therapies

by Parents: Ethical and Policy Choices

2004-2005 Hospital for Sick Children Foundation, Toronto Research Collaborator

Decision-Making About Complementary and

Alternative Therapies for Children and Youth:

Legal, Ethical and Clinical Issues

2004-2005 The Epilepsy Foundation, Virginia Co-Investigator Asian Herbal Products for Epilepsy

2004-2005 Rudolph Steiner Foundation, San Francisco Operational Support

2004 Ministry of Science and Research of Consultant

Northrhine-Westphalia, Germany,

Governmental Regulations for Traditional Chinese

Herbal Medicine in Eastern and Western Countries

2005 M. D. Anderson Cancer Center's Integrative Medicine

Program in collaboration with the National Cancer Institute Cancer Patient Education Network Complementary and Alternative Medicine Task Force

Important Conversations...Complementary and Alternative

Medicine: What you must ask Consultant

2005 Harvard Center for Cancer Prevention Co-Editor

About Breast Cancer—CAM Therapies

(project originally funded by

Susan G. Komen Breast Cancer Foundation)

2005-2006 Frederick S. Upton Foundation Challenge grant—

operational support

2005-2006 Helen M. and Annetta E. Himmelfarb Foundation Matching grant

C. Report of Current Research Activities

Models of Integrative Care in an Academic Health Center (Co-Investigator, 2001-2005): My research has involved helping to develop the complementary and integrative care clinical facility, particularly with regard to guidelines for credentialing providers, managing liability risk, and establishing guidelines concerning vitamins, herbs, and other dietary supplements. We have completed a paper on credentialing and liability issues, together with credentialing guidelines for our planned integrative clinical care facility, and other appendices. The document has been circulated to legal counsel and chairs of credentialing committees at major HMS-affiliated hospitals, Harvard Risk Management Foundation/CRICO, and grant investigators for comment and a manuscript, in part funded by this grant, has been accepted by Archives of Internal Medicine.

Legal and Social Barriers to Alternative Therapies (Principal Investigator, 2002-2005): This is a project involving research that will use qualitative and ethnographic research to prepare a scholarly, book-length manuscript that critically evaluates the integration of CAM therapies into conventional medical settings in the United States. Mary Ruggie, Ph.D., at the Kennedy School of Government, is my co-investigator in the project. Our interviews aimed to include: the medical director of the integrative care facility; key clinical personnel (e.g., nurse, exercise physiologist, chiropractor, massage therapist); pharmacy director at the affiliated hospital; relevant administrator (and/or legal counsel, if available); and legal scholars with expertise in health care law. We conducted over 70 interviews of personnel in 25 integrative care facilities and have submitted our book to a health care publisher for review following successful publication of two articles and several book chapters.

International Center for CAM Research (Co-Investigator, 2003-2005): This is a planning grant focusing on the systematic evaluation of East Asian herbal products. The grant includes development of the necessary administrative and legal infrastructure, including negotiation of a formal collaboration agreement to satisfactorily address issues of intellectual property, royalty sharing, publication procedures, and shared access to NIH resources.

Pediatric Use of Complementary Therapies by Parents: Ethical and Policy Choices (Principal Investigator, 2004-2005): This study researched and analyzed ethical and policy recommendations concerning parental choices involving CAM therapies for their children. The study resulted in published manuscripts suggesting guidelines for state agencies, physicians, and judges in cases involving allegations of abuse and neglect concerning treatment through CAM therapies.

Decision-Making About Complementary and Alternative Therapies for Children and Youth: Legal, Ethical and Clinical Issues (Research Collaborator, 2004-2005): This study brings an international perspective to health care law and policy involving physician and parental decisions around use of CAM therapies for children.