Mark A. Rothstein

Herbert F. Boehl Chair of Law and Medicine

Mark A. Rothstein has a  joint appointment at the Brandeis School of Law and the School of Medicine. He holds the Herbert F. Boehl Chair of Law and Medicine and is the Founding Director of the Institute for Bioethics, Health Policy and Law at the University of Louisville School of Medicine. He joined the University of Louisville faculty in 2001. He received his B.A. from the University of Pittsburgh and his J.D. from Georgetown University. Professor Rothstein has concentrated his research on bioethics, genetics, health privacy, public health law, and employment law.  From 1999-2008, he served as Chair of the Subcommittee on Privacy and Confidentiality of the National Committee on Vital and Health Statistics, the statutory advisory committee to the Secretary of Health and Human Services on health information policy. He is past president of the American Society of Law, Medicine and Ethics. 

He serves as Public Health Ethics editor for the American Journal of Public Health, and he writes a regular column on Bioethics for the Journal of Law, Medicine & Ethics.

Courses Taught

Employment Law
Bioethics and the Law
Genetics and the Law
Public Health Law and Ethics
Ethical Conduct of Research


Professor Rothstein has written or edited over 19 books and 200 articles and book chapters.  (See Curriculum Vitae.for a complete list)


- A -
A Research Agenda for the Non-Medical Uses of Genetic Information
A Framework for Analyzing Genetics in the Workplace
A Very Short History of Bioethics

- B -
Behavioral Genetics and Criminal Law
Behavioral Genetics: How History Affects Research Today
Behavioral Genetics: Will Applications Outpace the Science (Again)?
Behavioral Genetics and the Law: Anticipating Uses and Misuses
Behavioral Genetics and Society
Biobanks and Research Ethics

- C -
Can ELSI Research Influence the Legislative Process?
Clinical Genetics, Ethics, and Primary Care
Clinicians and Personal Risk: Panic, Public Health, and the SARS Epidemic
Confidentiality and Protecting Third Parties

- E -
Electronic Health Records and the Physician-patient Relationship
Employment Law Provisions of the Genetic Information Nondiscrimination Act of 2008 (GINA)
Environmental Epigenetics: Some Legal and Ethical Challenges
Epigenetics: New Frontiers and Challenges
Ethical Challenges of Occupational and Environmental Medicine
Ethical Issues in Genetic Research
Ethical Issues in Genetic Testing for Hereditary Deafness
Ethical Issues and Legal Implication of Pharmacogenomics
Ethical Issues in Personalized Medicine
Ethical Issues in Pharmacogenomics
Ethical Issues in Quarantine and Other Public Health Interventions in Pandemics
Ethical Issues Raised by Pharmacogenomics
Ethical Issues in Research Involving Biological Samples
Ethics and Policy in State Collection of DNA
Eugenics, Behavioral Genetics, and Genetic Determinism

- F -
Five Privacy Issues for the NHIN

- G -
Genetic Discrimination In A Post-GINA World
Genetic Information In Electronic Health Records and Networks
Genetic Non-Discrimination Law after GINA
Genetic Privacy, Confidentilaity and Discriminaton
Genetic Research: Ethical Issues
Genetics and Drug Addiction: Implications for Privacy and Discrimination
Genetics, Ethics, and Internal Medicine
Genetics, Ethics, and Preventive Medicine
GINA and Health Insurance: Protections, Pretensions, and Problems

- H -
Health Privacy in an Electronic Age
Health Information Technology and the Physician-Patient Relationship
HIPAA Made Easy
HIPAA and Public Health Research
HIPAA Overview

- I -
Infectious Disease Control: Legal Principles for Public Health Practitioners
Informed Consent (and Refusal)
Is De-Idenditification Sufficient to Protect Health Privacy In Research?

- K -
Keeping Your Genes Private: Genetics, Ethics, Law and Policy

- L -
Lawful Data Disclosure to Third Parties: The Limits of the HIPAA Privacy Rule
Legal and Ethical Issues in Occupational Surveillance for Respiratory Disease
Legal and Ethical Issues in Public Health Emergencies
Legal and Ethical Implications of Epigenetics
Liability Issues in Pharmacogenomics
Liability, Privacy, and Discrimination Considerations in Pharmacogenomics

- N -
New Genetic Technologies: Research Ethics, Clinical Ethics, and Nonmedical Applications
Next Generation Ethics and Policy

- O -
Overview: The Regulatory Context of Genetic Research, Including Privacy

- P -

Pandemic Influenza: Ethical Issues for Health Care
Patients as Research Subjects and Research Subjects as Patients: An Ethical Dilemma for Nurses
Personal Privacy ant the Universal Health Record: Where Does One End and the Other Begin?
Personalized Medicine, EHRs, and Privacy.
Pharmacogenomics: Ethics, Policy and Public Views
Pharmacogenomics: Liability and Ethics
Pharmacogenomics and Population Groups
Preparing for New Genetic Data Management Requirements
Privacy and Confidentiality in Genetic Research
Privacy and Confidentiality Concerns in the Nationwide Health Information Network
Privacy Interests in DeIdentified Health Information
Privacy Issues in Public Health Genomics
Privacy, Protability, and the Future of Personal Health Records
Privacy, The NHIN, and The Role of The States
Protecting Privacy and Confidentiality in Electronic Health Records and Networks
Protecting Privacy is Harder Than You Think
Protection, Privacy and Confidentiality in Research: New Challenges
Confidentiality and Protecting Third Parties
Psychiatric Health Records as Sensitive Information
Public Attitudes About Pharmacogenomics
Public Attitudes About Genetics and Life Insurance
Public Health Emergencies: Containment Strategies and the Law

- Q -
Quarantine and Isolation: Lessons Learned From SARS
A Report to the Centers of Disease Control and Prevention

- R -
Reconceptualizing Health Privacy and Confidentiality
Reconsidering Privacy in the Genomic Era
Research Ethics for Physicians
Research Ethics for Physician-Researchers
Research Ethics for Nurses
Return of Incidental Findings and Research Results to Genetic Kin and Social Family of Deceased Probands

- S -
SARS and Other Public Health Emergencies: Containment Strategies and the Law
Some Challenges of Epigenetics
Some Ethical and Legal Issues in Genetic Medicine
Some Ethical and Legal Issues in Genetic Testing
Some Ethical Issues in Clinical Genetics
Some Ethical Issues in Psychiatric Genetics Research
Some Ethical Issues in the New Genetic Medicine
Social Issues in Genetic Testing
Some Issues Raised by Epigenetics

- T -
The Case Against Genetic Exceptionalism
The Case against Precipitous, Population-wide, Whole-genome Sequencing
The Duty to Offer and Implement a Recontact Program
The Importance of Research Ethics
The SARS Epidemic: Lessons Learned for Hospitals
Tissue Repositorites: The Common Rule and The HIPAA Privacy Rule
Toxicogenomics and the Workplace
Transgenerational Environmental Epigenetics: Scientific, Legal and Ethical Consequences
Truth Telling and Confidentiality

- V -
Vertical vs. Horizontal Transmission: Why Do We Regard Genetic & Infectious Diseases Differently?

- W -
What's Happening With HIPAA
Whole-Genome Sequencing and Environmental Health Regulation




University and Community Service

The following is select sample of service from over sixty appointments during his career. (see Curriculum Vitae for a complete list) 

Member, Ethics Committee, Jewish Hospital & Saint Mary's Healthcare, Louisville, KY, since 2002

At-Large Member, National Board of Medical Examiners, 2002 thru 2010

Member, National Committee on Vital and Health Statistics, Department of Health and Human Services, 1999 thru 2008

President, American Society of Law, Medicine & Ethics, 2006