Mark A. Rothstein

Herbert F. Boehl Professor of Law and Medicine and Director, Institute for Bioethics, Health Policy and Law, University of Louisville School of Medicine
Chapter Member: Kentucky SSN
Areas of Expertise:

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About Mark

Rothstein has concentrated his research on bioethics (especially health privacy), public health law and ethics (he is the ethics editor of the American Journal of Public Health), and genetics (especially issues involving research and application of new genetic discoveries). From 1999-2008, he was a member of the National Committee on Vital and Health Statistics, where he chaired the Subcommittee on Privacy and Confidentiality. The Committee advises the Secretary of Health and Human Services on health privacy issues, including the Health Insurance Portability and Accountability Act Privacy Rule and electronic health records.

In the News

Quoted by Lauren E. Johnson in "After a Party, 18 Anesthesiologists at UF Hospital System Diagnosed With COVID," The Miama Herald, July 30, 2020.
Quoted by Paige Smith in "Genetic Bias Law Has Worked Perfectly, or Maybe Not at All," Bloomerg Law, January 15, 2020.
Quoted by Paige Smith in "Genetic Bias Law Has Worked Perfectly, or Maybe Not at All," Bloomberg Law, January 15, 2020.
Research discussed by Amy Yurkanin, in "An Alabama Doctor Put the Safety of Children Before Patient Privacy - and Got Sued,", July 26, 2018.
Opinion: "After Ebola, Can the CDC Earn Back Our Trust?," Mark A. Rothstein, Talking Points Memo, March 6, 2015.
Quoted by Max Ehrenfreund in "Quarantining Ebola Doctors May Well be Unconstitutional," The Washington Post, October 27, 2014.
Opinion: "What the U.S. Ebola Cases Actually Reveal about Our Medical System," Mark A. Rothstein, Talking Points Memo Café, October 16, 2014.
Opinion: "The Latest Challenge to Health Privacy: Health Care Consolidation," Mark A. Rothstein, Bioethics Forum, May 13, 2014.
Opinion: "Expanding Access to Health Care: It Takes More than Money," Mark A. Rothstein, Bioethics Forum, February 23, 2010.


"From SARS to Ebola: Legal and Ethical Considerations for Modern Quarantine" Indiana Health Law Review 12, no. 1 (forthcoming).
Proposes ethical principles for modern quarantine.
"The Moral Challenge of Ebola" American Journal of Public Health (online-first article, November 2014).
"Tarasoff Duties after Newtown" Journal of Law, Medicine & Ethics 42, no. 1 (2013): 104-109.
Provides an expanded version of his testimony before Congress on how to resolve the seeming conflict between the need for confidentiality of mental health information and the duty to inform law enforcement or intended victims of threats made by mental health patients.
"The Case against Precipitous, Population-Wide, Whole-Genome Sequencing" Journal of Law, Medicine & Ethics 40, no. 3 (2012): 682-689.
Argues that whole-genome sequencing should be used primarily in treatment, but the technology has little medical value and much potential social harm when used to predict the health of currently well people.