Professor Kapp is responsible for developing and directing the Center for Innovative Collaboration in Medicine & Law, which is a joint effort of the FSU College of Medicine and FSU College of Law. This center explores educational, research and advocacy avenues for collaboration and cooperation between the medical and legal professions on behalf of the well-being of consumers who are both physicians' patients and attorneys' clients. Additionally, Kapp is a Professor in the College of Medicine Department of Geriatrics, Professor of Medicine and Law in the College of Law, and an affiliate of the FSU Claude Pepper Institute and FSU Institute for Successful Longevity.
Marshall Kapp is the director of the Florida State University Center for Innovative Collaboration in Medicine & Law and a faculty member in the FSU College of Medicine and FSU College of Law. Formerly, he served as the Garwin Distinguished Professor of Law and Medicine at Southern Illinois University Schools of Law and Medicine. He also is professor emeritus from Wright State University School of Medicine and served for more than 20 years as a member of the adjunct faculty at the University of Dayton School of Law. He served from 2004-2010 as the Editor of the Journal of Legal Medicine, the official scholarly publication of the American College of Legal Medicine, and was named as an Editor Emeritus of JLM in 2010. He currently serves as the Editor of the Social Science Research Network (SSRN) e-Journal Medical-Legal Studies and serves on the editorial boards of several other major journals in the health law field. He has published and spoken extensively on topics in health law, medical ethics, and law and aging.
B.A. 1971 (Social and Behavioral Sciences), Johns Hopkins University
J.D. 1974 (With Honors), George Washington University
M.P.H. 1978, Harvard School of Public Health
Former board member and officer in Gerontological Society of America, American Society on Aging, and American College of Legal Medicine; member and chair of governing boards and advisory boards of many local health and human service agencies; member and chair of institutional ethics committees for many health care and human services providers.
2009 American College of Legal Medicine Gold Medal award, ACLM’s highest annual award for service, professionalism, and dedication to the field of legal medicine.
2003 Donald P. Kent Award, awarded annually by Gerontological Society of America “to a GSA member who best exemplifies the highest standards for professional leadership in gerontology through teaching, service, and interpretation of gerontology to the larger society.”
Elected Fellow, American College of Legal Medicine, 1999.
Named Frederick A. White Distinguished Professor of Service by Wright State University Board of Trustees, July 1, 1998-June 30, 2001.
Received Researcher of the Year Award from Ohio Research Council on Aging, 1998.
Received The Journal of Healthcare Risk Management 1997 Award for Writing Excellence as Author of the Year from the American Society for Healthcare Risk Management.
The President's Award for Distinguished Service, American College of Legal Medicine, March 14, 1993, March 31, 2000, and March 8, 2002.
The President's Award for Excellence in Professional Service, awarded to Wright State University faculty member making the greatest contribution to professional service during 1992-93, September 10, 1993.
Elected Fellow, Gerontological Society of America, 1988.
American College of Legal Medicine (Fellow)
Gerontological Society of America (Fellow)
American Society of Law, Medicine & Ethics
Florida Council on Aging
Legal and ethical aspects of health care, with particular emphasis on issues affecting older persons.
GERIATRICS AND THE LAW: PATIENT RIGHTS AND PROFESSIONAL RESPONSIBILITIES (Springer Publishing Company, 1985).
LEGAL AND ETHICAL ASPECTS OF HEALTH CARE FOR THE ELDERLY (Co-editor)(Health Administration Press, 1986). Awarded a "Book of the Year" honor (American Journal of Nursing, 1986).
PREVENTING MALPRACTICE IN LONG TERM CARE: STRATEGIES FOR RISK MANAGEMENT (Springer Publishing Company, 1987).
LEGAL ASPECTS OF HEALTH CARE FOR THE ELDERLY: AN ANNOTATED BIBLIOGRAPHY (Greenwood Press, 1988).
ETHICAL AND LEGAL ISSUES IN HOME HEALTH CARE (Co-Author, with Amy Haddad)(Appleton and Lange, 1991). Awarded a "Book of the Year" honor (American Journal of Nursing), 1991).
GERIATRICS AND THE LAW: PATIENT RIGHTS AND PROFESSIONAL RESPONSIBILITIES (Second Edition)(Springer Publishing Company, 1992).
ETHICAL ASPECTS OF HEALTH CARE FOR THE ELDERLY: AN ANNOTATED BIBLIOGRAPHY (Greenwood Press, 1992).
PATIENT SELF-DETERMINATION IN LONG-TERM CARE: IMPLEMENTING THE PSDA IN MEDICAL DECISIONS (Editor)(Springer Publishing Company, 1994). Named on the 1998 Brandon/Hill List of recommended books for a nursing library.
KEY WORDS IN ETHICS, LAW, AND AGING: A GUIDE TO CONTEMPORARY USAGE. New York: (Springer Publishing Company 1995).
OLDER ADULTS' DECISION-MAKING AND THE LAW (third co-editor)(Springer Publishing Company, 1996).
OUR HANDS ARE TIED: LEGAL TENSIONS AND MEDICAL ETHICS (Auburn House, 1998).
GERIATRICS AND THE LAW: UNDERSTANDING PATIENT RIGHTS AND PROFESSIONAL RESPONSIBILITIES.(Third Edition) (Springer Publishing Company, 1999).
LESSONS IN LAW AND AGING: A TOOL FOR EDUCATORS AND STUDENTS (Springer Publishing Company, 2001).
THE LAW AND OLDER PERSONS: IS GERIATRIC JURISPRUDENCE THERAPEUTIC? (Carolina Academic Press, 2003).
VULNERABLE POPULATIONS IN THE LONG TERM CARE CONTINUUM (third co-editor)(Springer Publishing Company, 2003).
LAW AND MENTAL HEALTH PROFESSIONALS: OHIO (second author) (American Psychological Association Press, 2005).
LEGAL ASPECTS OF ELDER CARE (Jones and Bartlett Publishers, 2009).
“Legal Issues in Dementia,” in Long-Term Management of Dementia, edited by Douglas W. Scharre, New York: Informa Healthcare, pp. 210-224 (2011). “Legal Aspects of Geriatric Surgery,” in Cardiothoracic Surgery in the Elderly, edited by Mark R. Katlic, New York: Springer, pp. 79- 87 (2011). “Legal Issues in Aging Families,” in Handbook of Families and Aging (2nd ed.), edited by Rosemary Blieszner & Victoria H. Bedford, Santa Barbara, CA: Praeger, pp. 387-407 (2012). “Informed Consent and Risk Management” (co-author) in Comprehensive Dermatologic Drug Therapy, 3rd Edition, edited by Stephen E. Wolverton, Philadelphia: Elsevier, pp. 766-770 (2012). “Conscripted Physician Services and the Public’s Health, Vol. 39, No. 3, pp. 414-424, JOURNAL OF LAW, MEDICINE & ETHICS (Fall 2011). “Long-Term Complication: Florida’s Death Certification Process and Long-Term Care,” Vol. 23, No. 3, pp. 139-147 INTERNATIONAL JOURNAL OF RISK & SAFETY IN MEDICINE (2011) (with Williams and Dewey). “Teaching Medical Students How to Reconcile Law and Ethics in Practice: A Faculty Development Model,” Vol. 21, No. 1, pp. 271-280 ANNALS OF HEALTH LAW (Special Edition 2012) (with Baker and Turner). “If We Can Force People to Purchase Health Insurance, Then Let’s Force Them to Be Treated Too,” Vol. 38, No. 2, pp. 397-409 AMERICAN JOURNAL OF LAW & MEDICINE (2012). “How to Fix Nursing Homes,” THE ATLANTIC (May 14, 2012), at www.theatlantic.com/health/print/2012/05/how-to-fix-nursing-homes/257153. “Medicine, Law, Ethics: Teaching Versus Learning,” Vol. 9, pp. 338-342, CLINICAL TEACHER (Oct. 2012) (with Turner and Baker). “Nursing Home Culture Change: Legal Apprehensions and Opportunities,” THE GERONTOLOGIST (2012); doi: 10.1093/geront/gns131, reprinted in Chapter 10 of Judah L. Ronch & Audrey S. Weiner, A GUIDE TO PERSON-CENTERED LIVING AND CARING: MAKING THE CASE FOR CULTURE CHANGE IN ELDER CARE, Health Professions Press , TOWSON, MD (2013). “A Collaborative Center in Medicine and Law: Lessons from a Disruptive Innovation,” Vol. 9, No. 2, pp. 457-470, INDIANA HEALTH LAW REVIEW (2012). “Health Reform and the Affordable Care Act: Not Really Trusting the Consumer,” Vol. 42, No. 1, pp. 9-33, STETSON LAW REVIEW (2012). “Looking at Age Discrimination Laws Through a Global Lens,” Vol. 37, No. 1, pp. 70-75, GENERATIONS: JOURNAL OF THE AMERICAN SOCIETY ON AGING (Spring 2013). “A Legal Approach to the Use of Human Biological Materials for Research Purposes,” Vol. 10, No. 1, pp. 1-29, RUTGERS JOURNAL OF LAW & PUBLIC POLICY (Spring 2013). “Advance Medical Care Planning: The Legal Environment, “ in Advance Care Planning: Communicating About Matters of Life and Death, edited by Leah Rogne & Susana L. McCune, New York: Springer Publishing Company, pp. 59-73 (2014). “Advance Directives,” “Nursing Home Reform Act,” and “Substitute Decision Making,” in Encyclopedia of Elder Care (3rd Edition), edited by Elizabeth A. Capezuti, Michael L. Malone, Paul R. Katz, & Mathy D. Mezey, New York: Springer Publishing Company, pp. 18-20, 501-503, and 710-712 (2014). Marshall B. Kapp & Leslie M. Beitsch, FLORIDA’S HEALTH CARE CERTIFICATE OF NEED: IS FLORIDA’S CERTIFICATE OF NEED PROGRAM NECESSARY? Health Care Foundation of South Florida: Miami, FL (January 2014). “Impaired Professionals” in Bioethics (4th Edition), edited by Bruce Jennings. Farmington Hills, MI: Macmillan Reference, Vol. 3, pp. 1628-1631 (2014)(first author). “Aging and the Aged: Research Ethics,” in Bioethics (4th Edition), edited by Bruce Jennings. Farmington Hills, MI: Macmillan Reference, Vol. 1, pp. 129-131 (2014). “Long-Term Care and the Law,” in Long-Term Care in an Aging Society: Theory and Practice, edited by Graham D. Rowles & Pamela B. Teaster. New York: Springer Publishing Company, pp. 379-395 (2015). “Legal Issues in Critical Care,” in Principles of Critical Care (4th Edition), edited by Jesse Hall et al. New York: McGraw-Hill, pp. 125-130 (2015). “Aging Population,” in Oxford Handbook of U.S. Healthcare Law, edited by I. Glenn Cohen, Allison K. Hoffman, & William M. Sage. New York: Oxford University Press, pp. (2015), published electronically in Oxford Handbooks Online (July 2015), doi: 10.1093/oxfordhb/9780199366521.013.49. “For Love, Legacy, or Pay: Legal and Pecuniary Aspects of Family Caregiving,” Vol. 14, No. 3, pp. 205-208, JOURNAL OF LONG-TERM HOME HEALTH CARE (Fall 2013). “Geriatric Patients, Firearms, and Physicians,” Vol. 159, No. 6, pp. 421-422, ANNALS OF INTERNAL MEDICINE (September 17, 2013). “The Nursing Home as Part of the POLST Paradigm,” Vol. 36, No. 2, pp. 151-175, HAMLINE LAW REVIEW (Spring 2013). “Interprofessional Education for Future Physicians: Including Legal Competencies,” Vol. 23, No. 3S, pp. 566-569, MEDICAL SCIENCE EDUCATOR (2013). “The POLST Paradigm for Patients With Advanced, Irreversible Illness: A Therapeutic Jurisprudence Basis for Legal Codification,” Vol. 32, No. 3, pp. 373-388, MEDICINE AND LAW (2013). “Old Age is No Time to Be Doing Time,” Vol. 62, No. 4, pp. 775-776, JOURNAL OF THE AMERICAN GERIATRICS SOCIETY (2014). “I’m Getting Turned Off: Emerging Consensus on Deactivating Cardiac Implantable Electronic Devices,” Vol. 33, No. 1, pp. 14-21, MEDICINE & LAW (2014). “Older Persons and Compromised Decisional Capacity: The Role of Public Policy in Defining and Developing Core Professional Competencies,” Vol. 26, No. 4 , pp. 295-307, JOURNAL OF AGING & SOCIAL POLICY (2014). “Home and Community-Based Long-Term Services and Supports: Health Reform’s Most Enduring Legacy?”, Vol. 8, No. 1, pp. 9-34, SAINT LOUIS UNIVERSITY JOURNAL OF HEALTH LAW & POLICY (2014). “Evaluating Decision Making Capacity in Older Individuals: Does the Law Give a Clue?”, Vol. 4, pp. 164-172, LAWS (2015), open access available at http://www.mdpi.com/2075-471X/4/2/164. “Getting Physicians and Patients to Choose Wisely: Does the Law Help or Hurt?,” Vol. 46, No. 2, pp. 529-543, UNIVERSITY OF TOLEDO LAW REVIEW (Winter 2015). “Front Office Staff as Medical Educators, Risk Creators, and Risk Managers,” Vol. 28, No. 1, pp. 61-64, INTERNATIONAL JOURNAL OF RISK & SAFETY IN MEDICINE (2016). Book Review of “Caring and the Law” by Jonathan Herring, Vol. 15, No. 2, pp. 98-99, Care Management Journals (2014). Book Review Essay, “Are Nursing Home Regulations Like Cobwebs?”, review of “The Rule of Nobody,” by Philip K. Howard, Gerontologist, Vol. 54, No. 5, pp. 885-889 (October 2014), doi: 10.1093/geront/gnu085. Book Review of “Comparative Perspectives on Adult Guardianship” edited by A. Kimberley Dayton, Vol. 88, No. 8, p. 151, Florida Bar Journal (Sept./Oct. 2014). Book Review Essay of “Global Health Law” by Lawrence O. Gostin, Vol. 26, pp. 177-181, International Journal of Risk & Safety in Medicine (2014). Book Review of “Health Care in America: A History” by John C. Burnham, Vol. 16, No. 3, pp. 170-171, Care Management Journals (2015). Book Review of “International and Comparative Law on the Rights of Older Persons” edited by Ralph Ruebner, Teresa Do, & Amy Taylor, Vol. 17, No. 1, pp. 61-62, Care Management Journals (2016). Book Review of “Rights Come to Mind: Brain Injury, Ethics, and the Struggle for Consciousness” by Joseph Fins, Vol. 17, No. 1, pp. 64-67, Care Management Journals (2016).