David Orentlicher

David Orentlicher
Member of the Indiana House of Representatives from the 86th district
In office 2002 - 2008
Succeeded by	Edward DeLaney
Personal details
Political party	Democratic
Spouse(s)	Judy
Residence	Indianapolis, Indiana
Alma mater	Harvard University
Occupation	physician, attorney, educator
Religion	Jewish

David Orentlicher is an educator, physician, attorney, and an American politician. He is a member of the Democratic Party. He is the Samuel R. Rosen Professor and Co-Director of the Center for Law and Health at Indiana University School of Law – Indianapolis. He also is an adjunct professor at Indiana University School of Medicine where he serves on the faculty of the Center for Bioethics. He teaches courses in health care law, constitutional law, criminal law and legal ethics, and he serves as an ethics consultant at Methodist, University and Wishard Hospitals.

Life and career

Orentlicher graduated from Harvard Medical School and then completed an internship in internal medicine. After practicing as a family physician, he returned to Harvard Law School for his Juris Doctor. After clerking on the U.S. Court of Appeals for the Fifth Circuit, he practiced law for two years before joining the American Medical Association, where he served as Ethics and Health Policy Counsel and directed the AMA's division of medical ethics. While there, he drafted the AMA's first ever Patients' Bill of Rights, guidelines for physician investment in health care facilities that were incorporated into federal law, and guidelines on gifts to physicians from industry that have become the industry standard and a standard recognized by the federal government. He helped develop many other positions—on end-of-life matters, organ transplantation, and reproductive issues—that have been cited by courts and government agencies in their decision-making. He also held adjunct appointments at the University of Chicago Law School and Northwestern University Medical School. He is a fellow of the Hastings Center, an independent bioethics research institution.^[1]

Orentlicher is a board member for his neighborhood association, the Highland-Kessler Civic League. He also serves on the board of Reach Out and Read Indiana and the Indiana Coalition Against Sexual Assault.

Orentlicher lives in Indianapolis with his wife, Judy, son, Cy, and their daughter, Shayna. They belong to Congregation Beth-El Zedeck, where the couple have taught religious classes and Orentlicher has served on the board of directors.

Legislative work

Rep. Orentlicher served in the Indiana House from 2002 to 2008. He represented the 86th House District, which consisted of a northern portion of Indianapolis in Marion County and a small portion of Carmel in Hamilton County.

Committee membership

Rep. Orentlicher served as Committee Chair for the Small Business & Economic Development Committee and as a member of the Insurance Committee and the Technology, Research, & Development Committee.

Legal and academic Work

Books and chapters

• Orentlicher, Hall & Bobinski, Bioethics and Public Health Law (2nd ed., Aspen Publishers 2008)
• Hall, Bobinski, Orentlicher, Health Care Law and Ethics (7th ed. Aspen Publishers 2007)
• Orentlicher, "Matters of Life and Death: Making Moral Theory Work" in Medical Ethics and the Law (Princeton University Press 2001)
• Orentlicher, "Utility, Equality, and Health Care Needs of Persons with Disabilities: Interpreting the ADA’s Requirement of Reasonable Accommodations,” in Americans with Disabilities: *Exploring Implications of the Law for Individuals and Institutions 236-243 (Francis & Silvers, eds., Routledge 2000).
• Orentlicher, "Medical Ethics and the Law,” in Advances in Bioethics: Bioethics for Medical Education, Vol. 5, 101-112 (Edwards & Bittar, eds., JAI Press 1999).
• Curran, Hall, Bobinski, Orentlicher, Health Care Law and Ethics (5th ed. Aspen Law & Business 1998)
• Orentlicher, "The Supreme Court and Terminal Sedation: An Ethically Inferior Alternative to Physician-Assisted Suicide,” in Physician Assisted Suicide: Expanding the Debate 301-311 (Battin, Rhodes & Silvers, ed., Routledge Press 1998).
• Orentlicher, "Genetic Privacy in the Patient-Physician Relationship,” in Genetic Secrets: Protecting Privacy and Confidentiality in the Genetic Era 77-91 (Rothstein, ed., Yale University Press 1997).
• Orentlicher, "The Role of Professional Self-Regulation,” in Regulation of the Healthcare Professions 129-148 (Jost ed., Health Administration Press 1997).
• Health Care Crisis? The Search for Answers (Misbin, Jennings, Orentlicher & Dewar, eds., University Publishing Group 1995)
• Orentlicher, "Organ Donation--the Willing Donor,” in Ethics in Emergency Medicine 214-222 (Iserson, Sanders & Mathieu, eds., 2d ed., Galen Press 1995).
• Orentlicher, "Physician Assisted Dying: The Conflict with Fundamental Principles of American Law,” in Medicine Unbound: The Human Body and the Limits of Medical Intervention 256 268 (Blank & Bonnicksen, eds., Columbia University Press 1994).
• Orentlicher & Halkola, "The Growing Inaccessibility to Prenatal Care for Poor and Minority Women: A Crucial Problem for Makers of National Health Policy,” in Citizens’ Commission on Civil Rights, One Nation, Indivisible: The Civil Rights Challenge for the 1990s, 216 246 (Govan & Taylor, eds., L&B Limited 1989).

Law review and journal articles

• Orentlicher, “Health Care Reform: Beyond Ideology,” 301 JAMA 1816-1818 (2009)
• Orentlicher, “Presumed Consent to Organ Donation: Its Rise and Fall in the United States,” 61 Rutgers Law Review 295-331 (2009)
• Orentlicher, "Diversity: A Fundamental American Principle,” 70 Missouri Law Review 777-812 (2005)
• Orentlicher, "Making Research a Requirement of Treatment: Why We Should Sometimes Let Doctors Pressure Patients to Participate in Research,” 35(5) Hastings Center Report 20-28 (2005).
• Orentlicher and Callahan, "Feeding Tubes, Slippery Slopes and Physician-Assisted Suicide,” 25 Journal of Legal Medicine 389-409 (2004)
• Orentlicher, "The Rise and Fall of Managed Care: A Predictable Tragic Choices Phenomenon,” 47 St. Louis University Law Journal 411-421 (2003).
• Orentlicher, "Conflicts of Interest and the Constitution,” 59 Washington and Lee Law Review 713-766 (2002).
• Orentlicher, "Universality and Its Limits: When Research Ethics Can Reflect Local Conditions,” 30 Journal of Law, Medicine & Ethics 403-410 (2002).
• Orentlicher, "Placebo-Controlled Trials of New Drugs: Ethical Considerations,” 24 Diabetes Care 771-772 (2001) (invited commentary).
• Orentlicher, "Beyond Cloning: Expanding Reproductive Options for Same-Sex Couples,” 66 Brooklyn Law Review 651-683 (2000–2001).
• Orentlicher, "Third Party Payments to Criminal Defense Lawyers: Revisiting United States v. Hodge and Zweig,” 69 Fordham Law Review 1083-1110 (2000).
• Orentlicher, "The Implementation of Oregon’s Death with Dignity Act: Reassuring, but More Data Are Needed,” 6 Psych. Pub. Pol. and L. 489-502 (2000).
• Orentlicher, "Paying Physicians More to Do Less: Financial Incentives to Limit Care,” 30 University of Richmond Law Review 155-197 (1996) (cited in the Court’s unanimous opinion in Pegram v. Herdrich, 530 U.S. 211, 220 (2000)).
• Orentlicher & Snyder, "Can Assisted Suicide be Regulated?,” 11 Journal of Clinical Ethics 358-366 (2000).
• Orentlicher, "Medical Malpractice: Treating the Causes Instead of the Symptoms,” 38 Medical Care 247-249 (2000) (an invited editorial).
• Orentlicher, "Representing Defendants on Charges of Economic Crime: Unethical When Done for a Fee,” 49 Emory Law Journal 1339-1376 (1999).
• Orentlicher, "Cloning and the Preservation of Family Integrity,” 59 Louisiana Law Review 1019-1040 (1999).
• Orentlicher, "The Misperception that Bioethics and the Law Lag Behind Advances in Biotechnology,” 33 Indiana Law Review 163-172 (1999).
• Orentlicher and Hehir, "Advertising Policies of Medical Journals: Conflicts of Interest for Journal Editors and Professional Societies,” 27 Journal of Law, Medicine & Ethics 113-121 (1999).
• Orentlicher, "Affirmative Action and Texas’ Ten Percent Solution: Improving Diversity and Quality,” 74 Notre Dame Law Review 181-210 (1998).
• Orentlicher, "The Alleged Distinction Between Euthanasia and the Withdrawal of Life-Sustaining Treatment: Conceptually Incoherent and Impossible to Maintain,” 1998 University of Illinois Law Review 837-859.
• Orentlicher, "Spanking and Other Corporal Punishment of Children by Parents: Undervaluing Children, Overvaluing Pain,” 35 Houston Law Review 147-185 (1998).
• Orentlicher, "Practice Guidelines: A Limited Role in Resolving Rationing Decisions,” 46 Journal of the American Geriatrics Society 369-372 (1998) (symposium issue on ethical issues in managed care).
• Orentlicher, "The Supreme Court and Terminal Sedation: Rejecting Assisted Suicide, Embracing Euthanasia,” 24 Hastings Constitutional Law Quarterly 947-968 (1997).
• Orentlicher, "The Legalization of Physician-Assisted Suicide: A Very Modest Revolution,” 38 Boston College Law Review 443-475 (1997) (cited in a concurring opinion in Washington v. Glucksberg, 521 U.S. 702, 805 (1997)).
• Orentlicher, "The Supreme Court and Physician-Assisted Suicide--Rejecting Assisted Suicide But Embracing Euthanasia,” 337 New England Journal of Medicine 1236-1239 (1997).
• Orentlicher, "Destructuring Disability: Rationing of Health Care and Unfair Discrimination Against the Sick,” 31 Harvard Civil Rights-Civil Liberties Law Review 49-87 (1996).
• Orentlicher, "The Legalization of Physician-Assisted Suicide,” 335 New England Journal of Medicine 663-667 (1996).
• Orentlicher, "Psychosocial Assessment of Organ Transplant Candidates and the Americans with Disabilities Act,” 18 General Hospital Psychiatry 5S-12S (1996).
• Orentlicher, "Health Care Reform and the Threat to the Patient-Physician Relationship,” 5 Health Matrix: Journal of Law-Medicine 141-180 (1995).
• Orentlicher, "Organ Retrieval from Anencephalic Infants: Understanding the AMA’s Recommendations,” 23 Journal of Law, Medicine & Ethics 401-402 (1995).
• Orentlicher, "Physician Advocacy for Patients under Managed Care,” 6 Journal of Clinical Ethics 333-334 (1995).
• Orentlicher, "Managed Care and the Threat to the Patient-Physician Relationship,” 10 Trends in Health Care, Law & Ethics 19-24 (1995) (symposium issue on managed care).
• Orentlicher, "The Limitations of Legislation,” 53 Maryland Law Review 1255-1305 (1994).
• Orentlicher, "The Influence of a Professional Organization on Physician Behavior,” 57 Albany Law Review 583 605 (1994).
• Orentlicher, "Rationing and the Americans with Disabilities Act,” 271 J.A.M.A. 308 314 (1994).
• Glasson & Orentlicher, "Caring for the Poor and Professional Liability: Is There a Need for Tort Reform?,” 270 J.A.M.A. 1740 1741 (1993) (an invited editorial).
• Orentlicher, "Corporal Punishment in the Schools,” 267 J.A.M.A. 3205 3208 (1992).
• Orentlicher, "The Illusion of Patient Choice in End of Life Decisions,” 267 J.A.M.A. 2101 2104 (1992).
• Wolf, Boyle, Callahan, Fins, Jennings, Nelson, Barondess, Brock, Dresser, Emanuel, Johnson, Lantos, Mason, Mezey, Orentlicher & Rouse, "Sources of Concern About the Patient Self Determination Act,” 325 New England Journal of Medicine 1666 1671 (1991).
• Orentlicher, "HIV Infected Surgeons: Behringer v Medical Center,” 266 J.A.M.A. 1134 1137 (1991).
• La Puma, Orentlicher & Moss, "Advance Directives on Admission: Clinical Implications and Analysis of the Patient Self Determination Act of 1990,” 266 J.A.M.A. 402 405 (1991).
• Orentlicher, "Denying Treatment to the Noncompliant Patient,” 265 J.A.M.A. 1579 1582 (1991).
• Orentlicher, "The Right to Die After Cruzan,” 264 J.A.M.A. 2444 2446 (1990).
• Orentlicher, "Drug Testing of Physicians,” 264 J.A.M.A. 1039 1040 (1990).
• Orentlicher, "Advance Medical Directives,” 263 J.A.M.A. 2365 2367 (1990).
• Orentlicher, "Genetic Screening by Employers,” 263 J.A.M.A. 1005, 1008 (1990).
• Winters, McIntosh, Cheitlin, Elon, Graboys, King, Murdaugh, Orentlicher, Ports, Rainer, "Ethics in Cardiovascular Medicine. Task Force II: The Relation of Cardiovascular Specialists to Patients, Other Physicians and Physician-Owned Organizations,” 16 Journal of the American College of Cardiology 11-16 (1990).
• Johnson, Phillips, Orentlicher & Hatlie, "A Fault Based Administrative Alternative for Resolving Medical Malpractice Claims,” 42 Vanderbilt Law Review 1365 1406 (1989).
• Orentlicher, "Cruzan v Director of Missouri Department of Health: An Ethical and Legal Perspective,” 262 J.A.M.A. 2928 2930 (1989).
• Orentlicher, "Physician Participation in Assisted Suicide,” 262 J.A.M.A. 1844 1845 (1989).
• Orentlicher, "Does Mother Know Best?,” 40 Hastings Law Journal 1111 1122 (1989) (reviewing M. Field, Surrogate Motherhood (1988)).
• Note, "Organizational Papers and the Privilege Against Self Incrimination,” 99 Harvard Law Review 640 654 (1986).
• Supreme Court Case Comment, "Monopolization and the Duty to Cooperate: Aspen Skiing Co. v. Aspen Highlands Skiing Corp.,” 99 Harvard Law Review 275 283 (1985)
• Graves, Hudgins, DeLung, Burnett, Scanlon & Orentlicher, "Computerized Patient Flow Analysis of Local Family Planning Clinics,” 13 Family Planning Perspectives 164 170 (1981).

Essays and reports

• Council on Ethical and Judicial Affairs, "Ethical Issues in the Patenting of Medical Procedures,” 53 Food and Drug Law Journal 341-351 (1998) (with Jarrard).
• Council on Ethical and Judicial Affairs, "Managed Care Cost Containment Involving Prescription Drugs,” 53 Food and Drug Law Journal 25-34 (1998) (with Quigley).
• Council on Ethical and Judicial Affairs, "The Use of Anencephalic Neonates as Organ Donors,” 273 J.A.M.A. 1614-1618 (1995) (with O’Neill).
• Council on Ethical and Judicial Affairs, "Financial Incentives for Organ Procurement: Ethical Aspects of Future Contracts for Cadaveric Donors,” 155 Archives of Internal Medicine 581-589 (1995) (with Leslie).
• Council on Ethical and Judicial Affairs, "Ethical Issues in Managed Care,” 273 J.A.M.A. 330-335 (1995) (with Harwood and Johnson).
• Council on Ethical and Judicial Affairs, "Ethical Considerations in the Allocation of Organs and Other Scarce Medical Resources Among Patients,” 155 Archives of Internal Medicine 29-40 (1995) (with Leslie).
• Council on Ethical and Judicial Affairs, "Disputes Between Medical Supervisors and Trainees,” 272 J.A.M.A. 1861-1865 (1994) (with Leslie and Halkola).
• Council on Ethical and Judicial Affairs, "Reporting Adverse Drug and Medical Device Events,” 49 Food and Drug Law Journal 359-365 (1994) (with Leslie).
• Council on Ethical and Judicial Affairs, "Ethical Issues in Health Systems Reform: The Provision of Adequate Health Care,” 272 J.A.M.A. 1056-1062 (1994) (with Harwood).
• Council on Ethical and Judicial Affairs, "Strategies for Cadaveric Organ Procurement: Mandated Choice and Presumed Consent,” 272 J.A.M.A. 809-812 (1994) (with Leslie).
• Council on Ethical and Judicial Affairs, "Ethical Issues Related to Prenatal Genetic Testing,” 3 Archives of Family Medicine 633-642 (1994) (with Leslie, Halkola, Feigenbaum).
• Council on Ethical and Judicial Affairs, "Physician Assisted Suicide,” 10 Issues in Law & Medicine 91-97 (1994).
• Council on Ethical and Judicial Affairs, "Gender Discrimination in the Medical Profession,” 4 Women’s Health Issues 1 11 (1994) (with Harwood).
• Council on Ethical and Judicial Affairs, "Physician Participation in Capital Punishment,” 270 J.A.M.A. 365 368 (1993) (with Halkola).
• Council on Ethical and Judicial Affairs, "Caring for the Poor,” 269 J.A.M.A. 2533 2537 (1993) (with Johnson and Conley).
• Council on Ethical and Judicial Affairs, "Mandatory Parental Consent to Abortion,” 269 J.A.M.A. 82 86 (1993).
• Council on Ethical and Judicial Affairs, "Guidelines on Gifts to Physicians from Industry: An Update,” 47 Food and Drug Law Journal 445 458 (1992) (with Johnson).
• Council on Ethical and Judicial Affairs, "Confidentiality of HIV Status on Autopsy Reports,” 116 Archives of Pathology & Laboratory Medicine 1120 1123 (1992) (with Halkola).
• Council on Ethical and Judicial Affairs, "Physicians and Domestic Violence: Ethical Considerations,” 267 J.A.M.A. 3190 3193 (1992) (with Schweickart and Halkola).
• Council on Ethical and Judicial Affairs, "Conflicts of Interest: Physician Ownership of Medical Facilities,” 267 J.A.M.A. 2366 2369 (1992) (with Johnson and Conley).
• Council on Ethical and Judicial Affairs, "Decisions Near the End of Life,” 267 J.A.M.A. 2229 2233 (1992) (with Schweickart and Halkola).
• Board of Trustees, "Requirements or Incentives by Government for the Use of Long Acting Contraceptives,” 267 J.A.M.A. 1818 1821 (1992).
• Council on Ethical and Judicial Affairs, "Sexual Misconduct in the Practice of Medicine,” 266 J.A.M.A. 2741 2745 (1991) (with Halkola).
• Council on Ethical and Judicial Affairs, "Use of Genetic Testing by Employers,” 266 J.A.M.A. 1827 1830 (1991).
• Council on Ethical and Judicial Affairs, "Gender Disparities in Clinical Decision Making,” 266 J.A.M.A. 559 562 (1991) (with Halkola).
• Council on Ethical and Judicial Affairs, "Guidelines for the Appropriate Use of Do Not Resuscitate Orders,” 265 J.A.M.A. 1868 1871 (1991) (with Knight).
• Council on Ethical and Judicial Affairs, "Gifts to Physicians From Industry,” 265 J.A.M.A. 501 (1991) (an editorial).
• Board of Trustees, "Legal Interventions During Pregnancy: Court Ordered Medical Treatments and Legal Penalties for Potentially Harmful Behavior by Pregnant Women,” 264 J.A.M.A. 2663 2670 (1990) (with Halkola).
• Council on Scientific Affairs and Council on Ethical and Judicial Affairs, "Conflicts of Interest in Medical Center/Industry Research Relationships,” 263 J.A.M.A. 2790 2793 (1990) (with Loeb).
• Board of Trustees, "Frozen Pre embryos,” 263 J.A.M.A. 2484 2487 (1990).
• Council on Ethical and Judicial Affairs, "Black White Disparities in Health Care,” 263 J.A.M.A. 2344 2346 (1990).
• Council on Scientific Affairs and Council on Ethical and Judicial Affairs, "Medical Applications of Fetal Tissue Transplantation,” 263 J.A.M.A. 565 570 (1990) (with Evans).
• Council on Scientific Affairs and Council on Ethical and Judicial Affairs, "Persistent Vegetative State and the Decision to Withdraw or Withhold Life Support,” 263 J.A.M.A. 426 430 (1990) (with Evans).

Book reviews

• Orentlicher, Book Review, Euthanasia and Law in the Netherlands, 25 Journal of Health Politics, Policy and Law 387-391 (2000).
• Book Note, Medical Malpractice: Theory, Evidence, and Public Policy, 99 Harvard Law Review 2001 2007 (1986).

Other publications

• Orentlicher & Caplan, "Legislation and End-of-Life Care,” 283 J.A.M.A. 2934-2935 (2000) (reply to letters to the editor).
• Orentlicher, "Principle, Practice, and the Right to Die,” 2(3) ASBH Exchange 1 (1999).
• Orentlicher, "Mother deserves murder charge,” USA Today, May 24, 1999, 26A.
• Orentlicher, "Hope for those in need of marrow transplants,” Indianapolis Star, December 29, 1998, A11.
• Orentlicher, "With proper safeguards, a medical ID will be a lifesaving health policy,” Insight, August 24, 1998, 24.
• Orentlicher, "Terminal Sedation,” 338 New England Journal of Medicine 1230 (1998) (reply to letters to the editor).
• Orentlicher, "Medical Trials for Assisted Suicide,” Louisville Courier-Journal, September 3, 1997, 11A.
• Orentlicher, "Trends suggest ‘duty to die’ may supplant ‘right’ question,” Portland Oregonian, June 27, 1997, B9.
• Orentlicher, "Why we must preserve the right to die,” Baltimore Sun, October 29, 1996, 9A.
• Orentlicher, "Navigating the Narrows of Doctor-Assisted Suicide,” Technology Review 62-63 (July 1996).
• Glasson & Orentlicher, "Mandated Choice for Organ Donation,” 273 J.A.M.A. 1176-1177 (1995) (letter to the editor).
• Glasson & Orentlicher, "Essential vs Discretionary Health Care in System Reform,” 273 J.A.M.A. 919 (1995) (reply to a letter to the editor).
• Orentlicher, "Rationing and the Americans with Disabilities Act,” 271 J.A.M.A. 1903-1904 (1994) (reply to a letter to the editor).
• Glasson & Orentlicher, "HIV Testing: AMA Code of Ethics,” 271 J.A.M.A. 1160 (1994) (letter to the editor).
• Glasson & Orentlicher, "Gifts From Industry: Laundering Money or Supporting Education?,” 271 J.A.M.A. 505 (1994) (reply to a letter to the editor).
• Clarke & Orentlicher, "Parental Consent for Abortion,” 269 J.A.M.A. 2211 (1993) (reply to a letter to the editor).
• Clarke & Orentlicher, "Self-Referral by Physicians,” 328 New England Journal of Medicine 1278 (1993) (letter to the editor).
• Clarke & Orentlicher, "Reporting Abuse of Competent Patients,” 268 J.A.M.A. 2378 (1992) (reply to a letter to the editor).
• Clarke & Orentlicher, "'Futility' as a Criterion in Limiting Treatment," 327 New England Journal of Medicine 1240 (1992) (letter to the editor).
• Clarke & Orentlicher, "Diagnosis of Brain Death and Organ Donation," 268 J.A.M.A. 1859-1860 (1992) (reply to a letter to the editor).
• Emanuel, Emanuel & Orentlicher, "Advance Directives," 266 J.A.M.A. 2563 (1991) (letter to the editor).
• Orentlicher, "Webster and the Fundamental Right to Make Medical Decisions," 15 American Journal of Law and Medicine 184-188 (1989).

External links

• David Orentlicher on Politico
• David Orentlicher's IU Law School Webpage
• Indiana State Legislature - Representative David Orentlicher official government website
• Project Vote Smart - Representative David Orentlicher (IN) profile
• Follow the Money - David Orentlicher
  • 2006 2004 2002 campaign contributions
• David Orentlicher for Congress official campaign website for U.S. House Representative (7th District)
• David Orentlicher for State Representative official campaign website for Indiana State Representative (86th District)

References

1. ^ The Hastings Center Hastings Center Fellows. Accessed November 6, 2010

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