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College of Law

Florida State University



Marshall B. Kapp

Marshall B. Kapp

Professor of Medicine and Law

Florida State University
College of Law 
Roberts Hall, Room 236 
Phone: 850.644.7265



J.D., 1974 (With Honors), George Washington University
M.P.H., 1978, Harvard School of Public Health
B.A. 1971 (Social and Behavioral Sciences), Johns Hopkins University

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Marshall Kapp is the Director of the Florida State University Center for Innovative Collaboration in Medicine & Law and a faculty member in the College of Medicine and College of Law. He is a member of the American Medical Directors Association Foundation Scientific Council. He also is the editor of the American College of Legal Medicine’s Journal of Legal Medicine 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.

Formerly, he served as the Garwin Distinguished Professor of Law and Medicine at the Southern Illinois University Schools of Law and Medicine. He also is professor emeritus at 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.

Select Recent Publications


Future Directions in Public Policy Relating to Elder Abuse
, in Elder Abuse: Research, Practice and Policy (XinQi Dong, editor) (Springer Science+Business Media 2017)

Forensic Issues in Long-Term Care Psychiatry
, in Geriatric Forensic Psychiatry (Jacob C. Holzer, Robert Kohn, James M. Ellison & Patricia R. Recupero, editors) (Oxford University Press) (forthcoming 2017)

Legal Issues in Older Adults
, in Principles and Practice of Geriatric Surgery (R.A. Rosenthal et al., editors) (Springer International Publishing 2017)

Legal Issues
, in Hazzard’s Geriatric Medicine and Gerontology ( Jeffrey Halter et al., editors) (7th ed., McGraw-Hill 2017)

Legal Aspects of Oncology Care for Dying Patients
, in Dying and Death in Oncology (Lawrence Berk, editor) (Springer International Publishing 2017)

Post-Acute Care and Institutional Long-Term Care for the Elderly (with Rebecca Elon & Fatima Sheikh), in Reichel’s Care of the Elderly ( Jan Busby-Whitehead et al., editors) (7th ed., Cambridge University Press 2016)

Aging Population, in Oxford Handbook of American Health Law (Glenn Cohen, Allison K. Hoffman & William Sage, editors) (Oxford University Press 2015)

Legal Issues in Critical Care, 
in Principles of Critical Care (Gregory A. Schmidt, Jesse B. Hall & John P. Kress, editors) (4th ed., McGraw-Hill 2015)

Long-Term Care and the Law, i
n Long-Term Care in an Aging Society: Theory and Practice (Graham D. Rowles & Pamela B. Teaster, editors) (New York: Springer Publishing Company 2015)

Advance Medical Care Planning: The Legal Environment
, in Advance
Care Planning: Communicating About Matters of Life and Death (Leah Rogne & Susana L. McCune, editors) (Springer Publishing Company 2014)

Distinctive Factors Affecting the Legal Context of End-of-Life Medical Care for Older Persons, 33 Ga. St. U. L. Rev. 869 (2017)

Defensive Medicine: No Wonder Policymakers Are Confused, 28 Int’l J. Risk & Safety in Med. 213 (2016)

Prescribing Medication for Chronic Pain Management: The State of Education in Florida Medical Schools and Residency Programs (with Wyndham Bonett, Katherine Perdomo & Suzanne Baker), 14 Fla. Pub. Health Rev. 22 (2017)

Can Lawyers Improve Transitions of Care? (with Paul Katz), 18 JAMDA: J. Post-Acute & Long-Term Care Med. 207 (2017)

You’ll Be Comfortable After Surgery: The Ethical Imperative of Better Pre-Operative Pain Management for Osteoarthritis, VIII Rutgers J. Bioethics 64 (2017)

Overcoming Legal Impediments to Physician Orders for Life-Sustaining Treatment (POLST), 18 AMA J. Ethics 861 (2016)

Speculating About the Impact of Healthcare Industry Consolidation on Long-Term Services and Supports, 25 Annals Health L. 1 (2016)

The Physician’s Responsibility Concerning Firearms and Older Patients, 25 Kansas J.L. & Pub. Pol’y 159 (2016)

Front Office Staff as Medical Educators, Risk Creators, and Risk Managers, 28 Int’l J. Risk & Safety in Med. 61 (2016)

Getting Physicians and Patients to Choose Wisely: Does the Law Help or Hurt?, 46 U.Tol. L. Rev. 101 (Winter 2015)

Evaluating Decision Making Capacity in Older Individuals: Does the Law Give a Clue?, 4 Laws 164 (2015)

Home and Community-Based Long-Term Services and Supports: Health Reform’s Most Enduring Legacy?, 8 St. Louis U. J. Health L. & Pol'y 9 (2014)

I’m Getting Turned Off: Emerging Consensus on Deactivating Cardiac Implantable Electronic Devices, 33(1) Med. & L. 14 (2014)

Older Persons and Compromised Decisional Capacity: The Role of Public Policy in Defining and Developing Core Professional Competencies, 26 J. Aging & Soc. Pol’y 295 (2014)

Old Age is No Time to Be Doing Time, 62 J. Am. Geriatrics Soc’y 775 (2014)

Are Nursing Home Regulations Like Cobwebs?, review of The Rule of
Nobody by Philip K. Howard, 54 Gerontologist 885 (2014)