As wellness programs, health coaching, and integrative health services continue to grow in popularity, I’ve noticed a significant gap in the legal landscape surrounding these offerings. Many lawyers may find themselves practicing "wellness law" without fully understanding what sets it apart from traditional areas like health law, public health law, and medical malpractice. In my latest publication, Defining the Field of Wellness Law, I aim to bridge this gap by providing a comprehensive framework to clarify and guide this emerging area of legal practice.
What is Wellness Law?
In my paper, Defining the Field of Wellness Law, I delve into what "wellness law" truly encompasses and how it differs from conventional healthcare law. Wellness law primarily addresses legal and ethical issues related to products, programs, and services focused on enhancing well-being that do not fall under traditional medical care. My goal with wellness law is to support an empowered approach to health and self-actualization, catering to individual wellness efforts rather than focusing solely on treating illness or injury.
Key Issues in Wellness Law
I’ve identified two fundamental questions that help differentiate wellness law from other health-related legal fields:
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Is There an Imminent Disease or Illness at Issue?
The first question involves determining whether an individual's needs are related to an imminent illness or disease. If a consumer seeks to enhance their overall well-being without aiming to treat a specific medical condition, then wellness law is applicable. However, if the service is intended to treat an illness or medical condition, the legal framework aligns more closely with health care law. -
Is the Individual’s Autonomy Undermined?
The second core issue examines whether an individual's choice to participate in wellness activities is compromised by external factors or situational pressures. Wellness law emphasizes autonomy and self-determination, where people voluntarily engage in wellness practices to achieve personal goals. In contrast, health care law often takes a more paternalistic approach, focusing on protecting individuals from health risks and addressing their vulnerabilities.
In essence, wellness law is centered on empowering individuals in their wellness journeys without imposing illness-based frameworks, making it distinct from traditional medical and public health approaches.
Policy and Legal Implications
The field of wellness law is evolving, and it requires courts and lawmakers to strike a balance between two key interests: the desire for individual autonomy and the need to safeguard public health and safety. I emphasize that wellness law prioritizes autonomous self-actualization, allowing people to make informed decisions about their well-being. At the same time, it considers necessary safeguards against potentially unsafe or misleading wellness products and services.
This balance becomes particularly crucial when we discuss regulatory frameworks like the FDA, ADA, and ACA, as well as issues surrounding wellness incentives, privacy, and corporate wellness programs. My goal is to provide clarity on how these regulations intersect with wellness activities, offering guidance for both legal practitioners and organizations involved in promoting wellness.
A Path Forward for Wellness Law
By defining the unique aspects of wellness law, I hope to lay the groundwork for a more cohesive approach to legal and regulatory issues in this field. My work aims to spark further research, policy development, and the establishment of legal practices specifically tailored to wellness, distinct from traditional healthcare.
I believe that wellness law is an emerging field that warrants more attention. It offers a unique opportunity for legal professionals to address the specific needs of individuals and organizations committed to promoting health beyond the conventional healthcare setting. As we continue to define and develop this area, I invite my colleagues and legal scholars to explore its potential and contribute to a more comprehensive understanding of wellness law.
To dive deeper into this topic, you can read my full paper: Defining the Field of Wellness Law.
By providing this definition, I hope to bring clarity to the field and encourage further research and discussion. Wellness law aligns legal principles with the unique, self-directed pursuit of health and well-being, offering a promising new pathway for legal practice.
Source:
Zabawa, Barbara, Defining the Field of Wellness Law (August 10, 2024). Available at SSRN: http://dx.doi.org/10.2139/ssrn.5006986