Section Sponsored Reports with Recommendations
- Opposes any government actions and policies that would interfere
with patients’ abilities to receive from health care providers
all relevant and necessary information they need to make fully
informed health care decisions and information with respect to
access to medically appropriate care. The resolution is intended
to prevent government interference that would undermine longstanding
principles of informed consent, and is intended to insure patients
receive complete, accurate, unbiased and timely information about
their treatment options. Co-sponsored by the Health Law Section,
the Special Committee on Bioethics and the Law, the Section of
Administrative Law and Regulatory Practice, and the Young Lawyers
Division.
Approved as Revised February 2005
Health Rights and Bioethics
- Encourages lawyers to gain a better understanding of public
health law issues and to improve the legal preparedness of their
communities to address public health threats, such as bioterrorism
and infectious disease outbreaks. Presented by the Health
Law Section. Co-sponsored by the Section of Individual Rights
and Responsibilities, the Section of State and Local Government
Law, the Standing Committee on Law and National Security, the
Section of Science and Technology Law, the Section of Administrative
Law and Regulatory Practice, and the Special Committee on Bioethics
and the Law.
Approved as Revised August 2004
- Protects the rights of any live-born human clones by supporting
law and policy that essentially establishes a presumption that
a live-born human clone is legally a separate and distinct person
from its progenitor and that a human clone is a human being and
has legal parents. Presented by the Section of Family Law.
Co-sponsored by the Section of Individual Rights and Responsibilitiesand
the Special Committee on Bioethics and the Law.
Approved as Revised August 2004
- Supports efforts of the National Tribal Steering Committee to
address the inadequacy of health care for American Indians and
Alaska Natives through the reauthorization of the Indian Health
Care Improvement Act and urges Congress and the Executive Branch
to address the various areas where health care for American Indians
and Alaska Natives is deficient. Co-sponsored by the Steering
Committee on the UNMET Legal Needs of Children.
Approved February 2004
- Urges adoption of laws and policies to address the complex problem
presented by the large number of adults with mental illness and
juveniles with mental or emotional illness or disorders who come
into contact with the criminal and juvenile justice systems, and
supports increased funding and financing for public mental health
systems. Presented by the Criminal Justice Section. Co-sponsored
by the Section of Individual Rights and Responsibilities, the
Young Lawyers Division, the Standing Committee on Substance Abuse,
and the Steering Committee on the UNMMET Legal Needs of Children.
Approved as Revised February 2004
- Supports enactment of federal legislation that would: 1) allow
those alleging non-malignant asbestos-related disease claims to
file a cause of action in state or federal courts only if they
meet the medical criteria in the ABA Standard for Non-Malignant
Asbestos-Related Disease Claims (dated February 2003) or a similar
medical standard; and 2) toll all applicable statutes of limitations
until such time as the medical criteria in such a standard are
met. Co-sponsored by the Section of Individual Rights and
Responsibilities
Approved as Revised and Amended February 2003
- Supports the freedom to pursue scientific knowledge for the
improvement of human health and opposes governmental actions that
would prohibit scientific research conducted for therapeutic purposes
or penalize individuals or research entities that participate
in such research.
Approved as revised August 2002
- Urges legislation to require group health plans and other health
insurers and similarly situated entities that are employer-sponsored
to disclose to their enrollees any financial incentive programs
they provide to physicians with whom they have contracts to provide
patient care. Co-sponsored by the Section of Individual
Rights and Responsibilities.
Approved August 2001
- Supports federal legislation that acknowledges individuals’ rights to privacy of their health care information and protects
the confidentiality of personally identifiable health information
from any source including medical record, electronic data, and
genetic material. Jointly presented with the Commission on
the Legal Problems of the Elderly. Related recommendations sponsored
by the Section Approved (2/96) and Withdrawn (8/98).
Approved as revised February 1999
- Urges repeal of amendment to the Health Insurance Portability
and Accountability Act of 1996 that makes it a crime to counsel
or assist an individual for a fee to make lawful transfers for
purposes of becoming eligible for Medicaid. Presented by the
Commission on Legal Problems of the Elderly. Cosponsored by the
Section of Individual Rights and Responsibilities, the Senior
Lawyers Division, the New York State Bar Association, the Ohio
State Bar Association, the New Jersey State Bar Association, the
Monroe County Bar Association, the Section of Real Property, Probate
and Trust Law, the Commission on Homelessness and Poverty, the
Association of the Bar of the City of New York, the Massachusetts
Bar Association, the Maryland State Bar Association, the Section
of Science and Technology, the Standing Committee on Legal Aid
and Indigent Defendants, and the North Carolina Bar Association.
Approved as Amended February 1998
- Recommends that nominating or investigating bodies consider
the privacy interests of judicial nominees or candidates in making
character and fitness determinations. Presented by the Commission
on Mental and Physical Disability Law. Cosponsored by the Section
of Individual Rights and Responsibilities and the Judicial Division.
Related recommendation cosponsored by the Section Withdrawn (8/97).
Approved as revised February 1998
- Supports the removal of legal barriers to the establishment
and operation of approved needle exchange programs that include
a component of drug and counseling and drug treatment referrals. Cosponsored by the Criminal Justice Section, Standing Committee
on Substance Abuse, Commission on Homelessness and Poverty, Commission
on Mental and Physical Disability Law, and National Lesbian and
Gay Law Association.
Approved August 1997
- Urges federal and state governments to enact a policy of compassionate
release and alternative sentencing for terminally ill, nonviolent
offenders. Cosponsored by the National Lesbian and Gay Law
Association.
Approved August 1996
- Supports legislation that protects the confidentiality of personally
identifiable and health information in either paper or electronic
form. Cosponsored by the Young Lawyers Division, the National
Lesbian and Gay Law Association, and the Steering Committee on
Unmet Legal Needs of Children. Related recommendations sponsored
by the Section Withdrawn (8/98) and Approved (2/99).
Approved as revised February 1996
- Supports action that would educate and allow people with debilitating,
chronic, fatal illnesses (i.e., HIV, AIDS) to better plan for
long-term care. Presented jointly by the Section of Family
Law, the Steering Committee on Unmet Legal Needs of Children,
the Commission on Mental and Physical Disability Law, and the
Chicago Council of Lawyers. Cosponsored by the Young Lawyers Division.
Approved August 1995
- Urges the protection of the rights of children and opposes legislation
that denies children access to public education, health care,
foster care or social services based on their or their parents’ citizenship or immigration status. Presented jointly with
the Hispanic National Bar Association, Steering Committee on Unmet
Legal Needs of Children, National Asian Pacific Bar Association,
National Association of Women Lawyers, Coordinating Committee
on Immigration Law, Commission on Opportunities for Minorities
in the Profession, Section of Litigation, and the Section of International
Law and Practice. Cosponsored by the Chicago Council of Lawyers.
Related recommendation sponsored by the Section Approved (2/90).
Approved February 1995
- Oppose any legislation requiring a woman to use a contraceptive
or sterilization as a penalty for any conduct or as a condition
of probation or parole or to be eligible for the receipt or the
continuation of public benefits or the provision of financial
incentives. Cosponsored by the Criminal Justice Section.
Approved as Amended August 1993
- Opposes state or federal legislation which restricts the right
of a woman to choose to terminate a pregnancy (I) before fetal
viability; or (II) thereafter, if such termination is necessary
to protect the life or health of the woman. Supports state or
federal legislation that protects a women’s right to choose
to terminate a pregnancy. Jointly presented by the National
Association of Women Lawyers, the National Conference of Women’s
Bar Associations and the individual members of the ABA. Cosponsored
by the Section of Individual Rights and Responsibilities, the
Beverly Hills Bar Association, the Santa Clara County Bar Association,
the Seattle-King County Bar Association, and the Young Lawyers
Division.
Approved August 1992
- Urges the inclusion of women and minorities, where appropriate,
in all clinical trials performed by the National Institutes of
Health and increased research on women’s health issues.
Also supports carefully regulated fetal tissue transplant research. Cosponsored by the Section of Science and Technology.
Approved as Amended February 1992
- Supports expansion of the Medicaid program to provide coverage
for all children and all pregnant women with the family incomes
less than 200 percent of the federal poverty level. Jointly
presented with the Section of Family Law and the Young Lawyers
Division.
Approved February 1990
- Opposes legislation restricting the confidential relationship
between a pregnant woman and her physician, or regarding the decision
to terminate a pregnancy before fetal viability or thereafter
when the mother’s life is in jeopardy. Jointly presented
with the Criminal Justice Section, the Commission on Women in
the Profession, the Beverly Hills Bar Association and the National
Association of Women Lawyers. Substitute policy Approved that
the American Bar Association not support a particular viewpoint
with respect to a decision to terminate pregnancy (8/90).
Revised recommendation similar to (2/90) was cosponsored by Section and Approved (8/92).
Approved February 1990
- Clarification of policy statement (8/89) regarding the confidentiality
of AIDS-related information. Jointly presented with the Young
Lawyers Division.
Approved February 1990
- Supports federal and state legislation establishing minimum
requirements for reasonable, unpaid, job-protected family and
medical leave for employees.
Approved February 1988
- Supports the enactment of federal legislation promoting voluntary
counseling and testing for AIDS; mandating the confidentiality
of such testing; and prohibiting discrimination against individuals
with HIV/AIDS. Jointly presenting with the Young Lawyers Division.
Approved as Amended February 1988
- Supports federal legislation to remove federal prohibition against
the treatment of patients with marijuana under the supervision
of a physician and under controls adequate to prevent any diversion
or other improper use of medical marijuana. Related recommendations
sponsored by the Section Not Approved (8/75); Approved (8/72,
8/73).
Approved February 1984
- Urges states to eliminate existing legal restrictions on access
to contraceptive information, procedures and supplies.
Approved August 1973
- Urges decriminalization of simple possession by users of small
quantities of marijuana. Related recommendations sponsored
by the Section not Approved (8/75); Approved (8/72, 2/84). Subsequent
policy rescinds this policy (2/90).
Approved as Amended August 1973
- Urges reform of laws punishing personal use or simple possession
of marijuana. Related recommendations sponsored by the Section
not Approved (8/75); Approved (8/73, 2/84). Subsequent policy
rescinds this policy (2/90).
Approved as Amended August 1972
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