vol1 - Page 84
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j!_
drug -_ is most important. Seconds is the treatment decision
Haccepted# -_ that is _ do the patient and the doctor accept
_ the treatment decision? Third, the standard considers #accepted
medical use in treatmento _ That is_ do the doctor's peers accept
his treatment decision to use a particular drug? In this ways
and witka view to possible rescheduiing of illegal (or new)
drugs_ the phrase assures that the requisite #acceptance m may
take the form of either advocacy or passive acceptance _o _
do patients, doctors and their peers accept a drug through active
or tacit approval of its use? _-_/ Similarly_ by requiring that a
drug have an _accepted medical use in treatment o ° ® ,_ rather
than the Ubest treatment m or the _only treatments # this standard
makes it clear that new drugs may gain acceptance for a
particular treatment purpose prior to supplanting all other
....! "currently accepted _ mediical treatments for a particular ailment.
Most important, the phrase mcurrently accepted medical
use in treatment in the United States _ necessarily establishes a
framework for resolving the thorny question of whether a drug has
achieved such acceptance. By focusing upon treatment decisions,
the standard necessarily requires initial consideration of the
views of patients_ doctors and their peers. In the United
States, doctors are afforded great discretion in determining the
proper method of treating their patients. This treatment
decision is limited solely by accepted practice established by
_4/ The Webster_s New World Dictionary defines the word
_accept _ as follows: To receive favorably_ approve, such as to
_
accept a theory _ . . to agree or consent to, [acquiesce in..
_. WebsterSs New World Dictionary_ p_ 8 (2d College Ed_ 1984)o
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