University of Maryland Francis King Carey School of Law


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Diane Hoffmann

Director, Law and Health Care Program and
Jacob A. France Professor of Health Care Law

Phone: (410) 706-7191
Fax: (410) 706-0407
dhoffmann @

Office: 246

AB, 1976, Duke University
MS, 1980, JD, 1986, Harvard University

Biography | Selected Publications | In the News

Diane Hoffmann has been on the faculty at Maryland since 1987. She has taught Torts, Law and Medicine, Health Care Law, Legal Problems of the Elderly, Critical Issues in Health Care, Research with Human Subjects, and Health Care for the Poor. Her research interests include issues at the intersection of law, health care, ethics and public policy such as advance directives, pain treatment, termination of life support, genetics, regulation of research, and of managed care. She was a primary author of Maryland's Health Care Decisions Act dealing with advance directives, surrogate decision-making and guardianship for individuals lacking health care decision-making capacity. She has served as a member of a number of ethics committees including those at University of Maryland Medical Systems, the National Institutes of Health in Bethesda, and the VA Medical Center in Baltimore and is author of A Handbook for Nursing Home Ethics Committees published by the American Association of Homes & Services for the Aging (AAHSA). She also served as a member of AAHSA's Commission on Ethics in Long Term Care and on the ethics advisory committee for the National Hospice and Palliative Care organization. She is the founder and Director of the Maryland Healthcare Ethics Committee Network, an educational resource for ethics committees in Maryland. From June 1994 - May 1995, while on leave from the Law School, she served as the Acting Staff Director of the Senate Subcommittee on Aging and was responsible for all health care and aging legislation for U.S. Senator Barbara Mikulski. From 1997-2003, she was a Mayday Scholar focusing much of her research and scholarship on obstacles to the management of pain. She has published several major articles in this area, “The Girl Who Cried Pain: A Bias Against Women in the Treatment of Pain,” “Achieving the Right Balance in Oversight of Physician Opioid Prescribing for Pain: The Role of State Medical Boards,” and “Pain Management and Palliative Care in the Era of Managed Care: Issues for Health Insurers.” Her recent scholarship includes a study of the use of health related genetic tests in the court room and an article on the criminal prosecution of physicians for prescription of opioids. In addition to her teaching and scholarship, Professor Hoffmann served as Law School’s Associate Dean of Academic Programs from 1999-2012, responsible for the school’s academic curriculum and dual degree programs. In this capacity, she also had oversight of the School’s specialty programs and Centers. Since 2000, she has been Director of the School’s Law & Health Care Program which offers a certificate to graduating students concentrating in health law.

Hoffmann received her B.A., magna cum laude, from Duke University, her M.S. in Health Policy and Management from Harvard School of Public Health and her J.D. from Harvard Law School.

After completing law school, she was an associate with the firm of Dewey, Ballantine, Bushby, Palmer & Wood in Washington, DC, where she worked on legal issues in the areas of health, environmental and food and drug law. Prior to law school, she worked as a policy analyst and advisor to the Massachusetts secretary of environmental affairs.


Handbook for Nursing Home Ethics Committees (1995) (with others).

Book Chapters

Stretching the Boundaries of Public Health: Should We Consider End-of-Life Care a Public Health Issue?, in Reconsidering Law and Policy Debates: A Public Health Perspective 40 (John G. Culhane ed., 2010).

The Role and Legal Status of Health Care Ethics Committees in the U.S., in Legal Perspectives in Bioethics: Annals of Bioethics Series 46 (Sandra Johnson & Ana Iltis, eds. 2008) (with Anita Tarzian). [Full Text]

The Use of Opioid Analgesics: Legal and Regulatory Issues in Complications in Regional Anesthesia & Pain Medicine 353 (Joseph M. Neal & James P. Rothwell eds., 2007).

Toxics: The Wild Card in Boston Harbor Clean-up Litigation, in Of Judges, Politics and Flounders: Perspectives on the Cleaning up of Boston Harbor 299 (Haar, ed. 1986).

Negotiation and the Rulemaking Process: The 301(h) Case, in Resolving Environmental Regulatory Disputes, 222 (Susskind et al. eds., 1983) (with others).


A Proposed Definition of Microbiota Transplantation for Regulatory Purposes, Gut Microbes, Mar. 20, 2017 (with others).

Improving Regulation of Microbiota Transplants, 358 Science 1390 (2017) (with others).

Stopping Deceptive Health Claims: The Need for a Private Right of Action Under Federal Law, 42 American Journal of Law & Medicine 53 (2016) (with Jack Schwartz). [Full Text]

The Importance of Including the Deans, Journal of Law, 41 Medicine & Ethics 81 (Supp. 2016).

Access to Essential Medicines in African Countries: An Introduction, 31 Maryland Journal of International Law 1 (2016) (with Peter Danchin). [Full Text]

Increasing Access to Dental and Medical Care by Allowing Greater Flexibility in Scope of Practice, 105 American Journal of Public Health 1755 (2015) (with Richard J. Manski and Virginia Rowthorn).

Laying the Foundation for an Interprofessional, Comparative Health Law Clinic, 42 Journal of Law, Medicine & Ethics 392 (2014) (with Chikosa Banda and Kassim Amuli). [Abstract]

Probiotics: Achieving a Better Regulatory Fit, 69 Food & Drug Law Journal 237 (2014) (with others). [Full Text]

Health Claim Regulation of Probiotics in the USA and the EU: Is there a Middle Way?, 4 Beneficial Microbes 109 (2013). [Abstract]

Are Changes to the Common Rule Necessary to Address Evolving Areas of Research? A Case Study Focusing on the Human Microbiome Project, 41 Journal of Law, Medicine & Ethics 454 (2013) (with J. Dennis Fortenberry and Jacques Ravel). [Abstract]

Probiotics: Finding the Right Regulatory Balance, 342 Science 6156 (2013) (with others). [Full Text]

A Framework for Human Microbiome Research, 486 Nature 215 (2012) (with others).

Structure, Function and Diversity of the Healthy Human Microbiome, 486 Nature 207 (2012) (with others).

Legal Impediments to the Diffusion of Telemedicine, 14 Journal of Health Care Law & Policy 1 (2011) (with Virginia Rowthorn). [Full Text]

Medical Marijuana and the Law: Perspective, 362 New England Journal of Medicine 1453 (2010) (with Ellen Weber). [Full Text]

Teaching Health Law – A Health Law Practice Workshop: Bridging Externship Placements and the Classroom, 37 Journal of Law, Medicine & Ethics 513 (2009). [Full Text]

Physicians Who Break the Law, 53 St. Louis University Law Journal 1049 (2009). [Full Text]

Building Public Health Law Capacity at the Local Level, 36 Journal of Law, Medicine & Ethics 6 (2008) (with Virginia Rowthorne). [Full Text]

Treating Pain v. Reducing Drug Diversion and Abuse: Recalibrating the Balance in Our Drug Control Laws & Policies, 1 St. Louis University Journal of Health Care Law and Policy 231 (2008). [Full Text]

Achieving Quality and Responding to Consumers - The Medicare Beneficiary Complaint Process: Who Should Respond?, 5 Indiana Health Law Review 9 (2008) (with Virginia Rowthorn). [Full Text]

Are Health Care Conflicts All That Different? A Contrarian View, 29 Hamline Journal of Public Law & Policy 235 (2008). [Full Text]

Judging Genes: Implications of the Second Generation of Genetic Tests in the Courtroom, 66 Maryland Law Review 858 (2007). [Full Text]

Can State Medical Boards Adequately Respond to Reports that Physicians are Inappropriately Prescribing Opioids?, 81 Clinical Pharmacology & Therapeutics 799 (2007).

Who Decides Whether a Patient Lives or Dies?, Trial, Oct. 2006, at 30 (with Jack Schwartz). [Full Text]

A Statewide Survey Identifying Perceived Barriers to Hospice Use in Nursing Homes, 8 Journal of Hospice & Palliative Nursing 328 (2006) (with Anita J. Tarzian).

The Role of Healthcare Ethics Committee Networks in Shaping Healthcare Policy and Practices, 18 HEC Forum 85 (2006) (with others).

Barriers to Managing Pain in the Nursing Home: Findings from a Statewide Survey, Journal of the American Medical Directors Association, 2005, at S13 (with Anita J. Tarzian)

Future Public Policy and Ethical Issues Facing the Agricultural and Microbial Genomics Sectors of the Biotechnology Industry, 24 Biotechnology Law Report 10 (2005) (with Lawrence Sung). [Full Text]

Science and Law: When Should Judges Admit or Compel Genetic Tests?, 310 Science 241 (2005) (with Karen Rothenberg). [Full Text]

Dying in America: An Examination of Policies that Deter Adequate End of Life Care, 33 Journal of Law, Medicine & Ethics 294 (2005) (with Anita Tarzian). [Full Text]

Achieving the Right Balance in Oversight of Physician Opioid Prescribing for Pain: A Survey of State Medical Boards, 89 Journal of Medical Licensure and Discipline 159 (Dec. 2003) (with A. Tarzian).

Constraints to Prescribing Medications for Pain Treatment in Connecticut, (Pts. 1-3) The Pain Clinic, Dec. 2002, at 28, The Pain Clinic, (Jan./Feb. 2003, at 32, The Pain Clinic, March 2003, at 28 (with Z. Lazzarini and B. Moulton).

Third Party Reimbursement Practice and Their Influence on Pain Management in Connecticut, (Pts. 1-3) 1, The Pain Clinic, Dec. 2002, at 11, The Pain Clinic, Jan./Feb. 2003, at 38, The Pain Clinic, March 2003, at 22.

Achieving the Right Balance in Oversight of Physician Opioid Prescribing for Pain: The Role of State Medical Boards, 31 Journal of Law, Medicine & Ethics 21 (2003) (with A. Tarzian). [Full Text]

Whose Duty is it Anyway?: The Kennedy Krieger Opinion and its Implications for Public Health Research, 6 Journal of Health Care Law & Policy 109 (2002) (with K. Rothenberg). [Full Text]

Management of Cancer-Related and Noncancer-Related Chronic Pain in Connecticut: Successes and Failures, 66 Connecticut Medicine 683 (2002) (with A. Tarzian and S. Davidson).

Undertreating Pain in Women: A Risky Practice, Journal of Gender-Specific Medicine, Jan./Feb. 2002, at 10.

The Girl Who Cried Pain: A Bias Against Women in the Treatment of Pain, 29 Journal Law, Medicine & Ethics 13 (2001) (with A. Tarzian). [Full Text]

Regulating Research with Decisionally Impaired Individuals: Are We Making Progress?, 3 DePaul Journal of Health Care Law 543 (2000) (with Jack Schwartz & Evan G. DeRenzo). [Full Text]

Are Ethics Committee Members Competent to Consult?, 28 Journal Law, Medicine & Ethics 30 (2000) (with A. Tarzian & J. A. O’Neil). [Full Text]

Proxy Consent to Participation of the Decisionally Impaired in Medical Research -- Maryland's Policy Initiative, 1 Journal of Health Care, Law & Policy 123 (1998) (with J. Schwartz).

Pain Management and Palliative Care in the Era of Managed Care: Issues for Health Insurers, 26 Journal of Law, Medicine & Ethics 267 (1998). [Full Text]

Emergency Care and Managed Care -- A Dangerous Combination, 72 Washington Law Review 315 (1997). [Full Text]

How Close is Enough? Family Relationships and Attitudes Towards Advance Directives and Life-Sustaining Treatment, 3 Journal of Ethics, Law & Aging 5 (1997) (with S.I. Zimmerman & C. Tompkins).

The Guardianship Puzzle: Whatever Happened to Due Process?, 7 Maryland Journal of Contemporary Legal Issues 11 (1996) (with J.L. O’Sullivan). [Full Text]

The Dangers of Directives or the False Security of Forms, 24 Journal of Law, Medicine & Ethics 5 (1996) (with S.I. Zimmerman & C. Tompkins). [Full Text]

Testing Children for Genetic Predispositions: Is it in their best interest?, 23 Journal of Law, Medicine & Ethics 331 (1995) (with E.A. Wulfsberg). [Full Text]

Alpha1-Antitrypsin Deficiency: Impact of Genetic Discovery on Medicine and Society, 271 Journal of the American Medical Association 217 (1994) (with others).

Ethics Committees: Time to Experiment with Standards, 120 Annals of Internal Medicine 335 (1994) (with J. Fletcher).

Mediating Life & Death Decisions, 36 Arizona Law Review 821 (1994). [Full Text]

The Maryland Health Care Decisions Act: Achieving the Right Balance?, 53 Maryland Law Review 1064 (1994). [Full Text]

Evaluating Ethics Committees -- A View from the Outside, 71 The Milbank Quarterly 677 (1993). [Full Text]

Does Legislating Hospital Ethics Committees Make a Difference?: A Study of Hospital Ethics Committees in Maryland, The District of Columbia, and Virginia, 19 Law, Medicine & Health Care 105 (1991).

Regulating Ethics Committees in Health Care Institutions -- Is it Time?, 50 Maryland Law Review 746 (1991). [Full Text]

The Biotechnology Revolution and Its Regulatory Evolution, 33 Drake Law Review 471 (1989). [Full Text]

Recent Development, Mexico-United States Pollution Control Agreement, 25 Harvard International Law Journal, 239 (1984).

Recent News featuring Diane Hoffmann

May 18, 2018

Professor Diane Hoffmann explains her research team's vision for the regulation of fecal transplants in Science News.

April 26, 2018

Professor Diane Hoffmann discusses gender bias in medical care for WOSU Public Radio.

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Admissions: PHONE: (410) 706-3492 FAX: (410) 706-1793

Copyright © 2018, University of Maryland Francis King Carey School of Law. All Rights Reserved