INDIANA HEAlTH LAW REVIEW VOLUME9 2012 ARTICLES What to Do When You Can't Hear the Wbistleblowing: A Proposal to Protect the Public's Health by Providing Wbistleblower Protection for ISSUE 1 Medical Researchers Jennifer S. Bard The Forgotten Patient: A Health Provider's Guide to Providing Comprehensive Care for Transgender Patients Nikki Burrill & Valita Fredland Extending the Fantasy in the Supermarket: Where Unhealthy Food Promotions Meet Children and How the Government Can Intervene Jennifer L. Pomeranz NOTES The Case for Pharmacists As Legal Health Care Providers Erin Albert Keeping Your Head on Straight: Protecting Indiana Youth Athletes from Traumatic Brain Injuries Through "Return-to-Play" Legislation Andrew W. Breck Where Do Treating Physicians Belong as Witnesses in the Seventh Circuit? Courtney E. Campbell Nurses Providing Anesthesia Not a "Laughing" Matter: Why Indiana Should Not Opt Out of Federal Physician Supervision of Certified Nurse Anesthetists Requirements Kyle K. Fairchild State Challenges to the Patient Protection and Affordable Care Act: The Case for a New Federalist Jurisprudence Christopher B. Serak A Dose of Reality: Unintended Consequences of Penalizing Hospital Readmissions in the PPACA Joel D. Swider ROBERT H. MCKINNEY SCHOOL OF LAW INDIANA UNIVERSITY Indianapolis INDIANA HEALTH LAW REVIEW Volume9 Etlitor-ln-Chief Courtney Campbell Execlltive M111111ging Editor Joel Swider Executive Production Editon Kate Cook Alexander Berger Executive BJISiness Editor Brienne Delaney Note Development Editon Erin Albert, MBA, At1klesEditon Kyle Fairchild Macon Jones Kate Shelby 2011-2012 Execlltive Notes Editor Lesley Brown Executive Articles Editor Andrew Breck Executive Sylnposl111n Editor Lance Worland Assocltlte Editors LeeannPels Beth Pirro Ash Lee Talley PharmD Ashley Brian Kyle Johnson Alex Krouse Chris Serak Ellen Wintemheimer Gunnar Crowell J.B. Curry Cora Davidson Brock Easton James Emerson Daniel Hageman Julia Hudson James Inman Alyssa James Fulllty Advison Jennifer Risser Kimberly Opsahl Justin Rumer Myriam Serrano Frandy St. Louis William Starr Lindsey Stout Pervin Taleyarkhan Kyle Wood Nicolas P. Teny(Chair) David Orentlicher (Chair) Eleanor D. Kinney (Adviser Emerita) Robert A. Katz Emily Morris Miriam Murphy (Research Liaison) INDIANA HEALTH LAW REVIEW (ISSN 1549-3199) Content. The Indiana Health Law Review publishes articles submitted by academics, practitioners, and students on the topics ofhealth law and policy. The scope includes bioethics, malpractice liability, managed care, anti-trust, health care organizations; medical-legal research, legal medicine, and food and drug law. The Indiana Health Law Review will be published twice during the 2011-12 academic year. Disclaimer. The ideas, views, opinions, and conclusions expressed in articles appearing in this publication are those of the authors and not those of the Indiana Health Law Review or Indiana University Robert H. McKinney School of Law. Subscriptions. The current subscription rate is $20.00 for two issues (domestic mailing). Unless the Business Office receives notice to the contrary, all subscriptions will be renewed automatically. Claims for non-receipt of the current year's issues must be made within six months of the mailing date. Address changes must be received at least one month prior to publication to ensure prompt delivery and must inclUde the old and new addresses and the proper zip code. Manuscripts. The Indiana Health Law Review invites submission of unsolicited manuscripts. All citations should conform to The Bluebook: A Unifonn System of Citation (19th ed. 2010). Manuscripts should be double­ spaced with standard one-inch margins. The Indiana Health Law Review, as a matter of policy, promotes the use of gender-neutrallanguage, and alternate use of the female or male pronoun is intended to refer to both female and male. Citation. Cite this publication as IND. HEALTH L. REv. Copyright. Copyright© 2012 by the Trustees of Indiana University. Except as may be expressly provided elsewhere in this publication, pennission is hereby granted to produce and distribute copies of individual works from this publication for non-profit education pwposes, provided that copies are distributed at or below cost, and that the author, source, and copyright notice are included on each copy. This pennission is in addition to rights of reproduction granted under Sections 107, 108, and other provisions of the U.S. Copyright Act and its amendments. The Indiana Health Law Review (ISSN 1549-3199) is the property of Indiana University and is published two times per year by the Indiana University Robert H. McKinney School of Law, which ·assumes complete editorial responsibility thereof. . Contact Us. Editorial and Business Offices are located at: Indiana Health Law Review Lawrence W. Inlow Hall 530 W. New York Street, Room 136C Indianapolis, IN 46202-3225 (317) 278-9519 Publisher. The Indiana Health Law Review is published and distributed by Western Newspaper Publishing Company, Inc., 537 E. Ohio St., Indianapolis, IN 46204-2173. In 2003, Indiana University Robert H. McKinney School of Law established a specialty law review focused specifically on health care law and policy: IND LAW The scope of the INDIANA HEALTH LAw REviEw includes bioethics, malpractice liability, managed care, anti-trust, health care organizations, medical-legal research, legal medicine, food and drug, and other current health-related topics. Detach and mail this subscription form today to receive future issues Subscription Price: $20.00 • Two (2) Issues • Automatic Renewal • Forei Mailin Is Extra MaHfonnto: Indiana Health Law Review Indiana University Robert H. McKinney School of Law Attn: Executive Business Editor Lawrence W. Inlow Hall, Room 136C 530 W. New York Street Indianapolis, IN 46202-3225 Questions? Email: ihlr@iupui.edu Phone: (317) 278-9519 www.indylaw.indiana.edu/-ihlr ---------------------------~~--Malling Address: Name/Title--------------'--- Company/School __________ _ Admess ______________ __ City __________ State ZIP ___ _ Email Payment Method: 0 Enclosed (Make Check Payable to INDIANA HEALTH LAW REVIEW) 0 Bill Me Later Indiana International & Comparative Law Review The Indiana International & Comparative Law Review, published by the Indiana University Robert H. McKinney School of Law since 1991, is a student­ edited law journal that provides a forum for the discussion and analysis of contemporary issues in public and private international law. The Review publishes articles by prominent legal scholars, practitioners, and policy makers around the world, as well as student·written notes and comments. The Review is published twice annually, with a symposium issue devoted to a specific topic of international or comparative law published intermittently. Past symposium topics have included political and social aspects ofltalian law, various aspects of Chinese law, and international terrorism in the twenty-first century. Name School/Firm/Business Address City, State, Zip Code Subscriptions within the U.S. are $18.00 per year and outside the U.S. are $21.00 per year. I enclose $ for subscription( s) to the Indiana International & Comparative Law Review. Please make your check payable to the Indiana International & Comparative Law Review. Mail to: Executive Production Editor Indiana International & Comparative Law Review Lawrence W. Inlow Hall 530 West Street Indianapolis, IN 46202-3225 Name Address Please enter my subscription to the INDIANA LAW REVIEW Enclosed is$. __ for __ subscription(s) Mail to: ATTN: Editorial Specialist at INDIANA LAW REVIEW INDIANA UNIVERSITY ROBERT H. MCKINNEY SCHOOL OF LAW Lawrence W. Inlow Hall 530 West New York Street Indianapolis, Indiana 46202-3225 For an academic year, the subscription rate for four issues is: Domestic, $30; Foreign, $35; Student, $20 Single Issue, $1 0; Survey Issue $20 Symposium Issue, $15 ROBERT H. McKINNEY SCHOOL OF LAW INDIANA UNIVERSITY Indianapolis Indiana University Robert H. McKinney School of Law 2011-2012 ADMINISTRATIVE OFFICERS AND FACULTY Administrative Officers MICHAEL A. MCROBBIE, President of the University. Ph.D., Australian National University. CHARLEs R. BANTZ, Chancellor, Indiana University-Purdue University-Indianapolis. B.A., M.A., University of Minnesota; Ph.D., Ohio State University. GARY R. ROBERTS, Dean and Gerald L. Repko Professor of Law. B.A., Bradley University; J.D., Stanford University. PAUL N. Cox, Vice Dean and Centennial Professor of Law. B.S., Utah State University; J.D., University ofUtah College of Law; LL.M., University ofVirginia School of Law. JAMES P. NEHF,Associate Dean for Graduate Studies, Cleon H. Foust Fellow, and Professor of Law. B.A., Knox College; J.D., University ofNorth Carolina Law School. JOHNNY D. PRYOR, Assistant Dean for Student Affairs. B.A., Wittenberg University; J.D., Indiana University Maurer School ofLaw. JONNA KANE MACDOUGALL, Assistant Dean for External Affairs and Alumni Relations; Adjunct Professor of Law. B.A., M.A., Indiana University; J.D., Indiana University Robert H. McKinney School of Law. CHAsiTY Q. 'IHOMPSON, Assistant Dean for Professional Development. A.S., B.A., Alabama State University; M.B.A., Auburn University; J.D., Indiana University Robert H. McKinney School of Law. MARK V. WUNDER, Assistant Dean for Development. B.S., J.D., University ofiowa. EUZABETII ALLINGTON, Director of Communications and Creative Services. B.A., Indiana University; M.A., M. Phil., New York University. TERESA (TERRI) J. CUElLAR, Director of Technology Services. B.S., St. Bonaventure University, New York. BRANDT HERSHMAN, Director of Educational Outreach. Purdue University. AMANDA KAMMAN, Director of Fundraising and Development Services. B.A., Indiana University. PATRICIAK. KlNNEY,Directorof Admissions. B.S., Purdue University; J.D., Indiana University Robert H. McKinney School of Law. PRISCILLA D. KEITH, Adjunct Professor and Director of Research and Projects for the Hall Center for Law and Health. B.S., Spelman College; M.S., Atlanta University; J.D., Indiana University Robert H. McKinney School of Law. VIRGINIA MARScHAND, Director of Administrative and Fiscal Affairs. B.S., Indiana University-Kokomo; M.P .A., Indiana University Purdue University-Indianapolis; J.D., Indiana University Robert H. McKinney School of Law. JOHN R. SCHAIBLEY, III, Executive Director of the Center for Intellectual Property Law and Innovation and Adjunct Professor of Law. B.A., Purdue University; J.D., Indiana University Maurer School of Law. SONJA RICE, Director of Special Projects. B.A., Purdue University; J.D., Indiana University Robert H. McKinney School of Law. LAW ANDA W. W AIID, Director of Pro Bono and Public Interest Programs. B.A., Murray State University; M.A., Illinois State University; M.S., Old Dominion University; J.D., Indiana University Robert H. McKinney School of Law. JACOB J. MANALOOR, Associate Director for Contracts, Grants & Fundraising. B.S., Indiana University Purdue University-Indianapolis; J.D., Indiana University Robert H. McKinney School of Law. SEAN SOUTIIERN, Associate Director, Office of Professional Development. B.A., Ball State University; M.A., DePaul University; J.D., Loyola University Chicago School of Law. CARLOTA TOLEDO, Associate Director of Student Affairs. A.B., University of Chicago; J.D., DePaul University College of Law. SuSAN K. AGNEW, Assistant Director of Student Affairs. Clark College. Wll.llAM J. BAKER, Assistant Director of Technology Services. B.S., Purdue University. AMANDA GAU..AGA, Assistant Director of Recruitment. B.A., Trinity University. SusANBusHuE-RussEIL,Assistant Business Manager. A.A.S., Lakeland College; B.S., Eastern Illinois University. KAREN H. MILLER, Assistant Director for Admissions. Midway College. LISA SCHRAGE, Assistant Director for Donor Relations. B.S., Marian College. MEL YnDIZ, Assistant Director of Graduate Admissions. LL.B., Istanbul Bilgi University Faculty ofLaw; LL.M., Indiana University Robert H. McKinney School ofLaw; J.D. Candidate, Indiana University Robert H. McKinney School of Law. Faculty CYNTHIA M. ADAMS, Clinical Professor of Law. B.A., Kentucky Wesleyan College; J.D., Indiana University Robert H. McKinney School ofLaw. JUDITH FORD ANsPACH, Professor of Law and Director, Ruth Lilly Law Library. B.S., M.L.S., Kent State University; J.D., Mississippi College School of Law. CYNTHIA A. BAKER. Clinical Associate Professor of Law and Director, Program on Law and State Government. B.A., J.D., Valparaiso University. GERAlD L. BEPKO,Indiana University-Purdue University-Indianapolis Chancellor Emeritus, Indiana University Trustee Professor and Professor of Law. B.S., Northern Illinois University; J.D., fiT/Chicago-Kent College ofLaw; LL.M., Yale Law School. SHAWN BOYNE, Associate Professor of Law, Dean's Fellow; Grimes Fellow. B.A., Cornell University; M.B.A., University of Minnesota; J.D., University of Southern California's Gould School of Law, M.A., Ph.D., University of Wisconsin; LL.M., Justus-Liebig-Universitll.t. KAREN E. BRAVO, Professor of Law, JohnS. Grimes Fellow; Dean's Fellow. B.A., The University of the West Indies; J.D., Columbia University School ofLaw; LL.M., New York University School of Law. ROBERT BROOKINS, Professor of Law. B.S., University of South Florida; J.D., Ph.D., Cornell University. KENNETH D. CHESTEK, Clinical Professor of Law. B.A., Pennsylvania State University; J.D., University of Pittsburgh School of Law. JEFFREYO. CooPER, Associate Professor of Law. A.B., Harvard University; J.D., University of Pennsylvania Law School. ERIC R. DANNENMAIER, Associate Professor of Law, Dean's Fellow; Grimes Fellow. B.A., Drury College; J.D., Boston University; LL.M., Columbia University; M. St., Oxford University. JAMES D. DIMITRI, Professor of Law. B.S., Indiana University; J.D., Valparaiso University School of Law. JENNIFERA. DROBAC, ProfessorofLaw. B.A., M.A., Stanford University; J.D., J.S.D., Stanford Law School. GEORGE E. EDWARDS, Carl M. Gray Professor of Law; Faculty Advisor to the U.M. track in International Human Rights Law (U.M. Faculty Advisor Term ending Spring 2011); Director, Program in International Human Rights Law; John S. Grimes Fellow. B.A., North Carolina State University; J.D., Harvard Law School. FRANK EMMERT, JohnS. Grimes Professor of Law and Executive Director, Center for International and Comparative Law. Erstes Juristisches Staatsexamen (J.D.), University ofMunich Law School; LL.M., The University ofMichigan Law School; Ph.D., University of Maastricht; Diploma. EW"Opean University Institute. NICHOLASGEORGAKOPOUWS,HaroldR. WoodardProfessorofLaw. PtyhionNomikis, Athens University School of Law; LL.M., S.J.D., Harvard Law School. CARRIE HAGAN, Clinical Associate Professor of Law. B.A., University of Kansas; J.D., University of Cincinnati College of Law. JOHN LAWRENCE Hn.L. Professor·of Law. B.A., Northern lllinois University; J.D., Ph.D., Georgetown University. LINDA KEU.Y Hn.L. M Dale Palmer Professor of Law. B.A., J.D., University of Virginia. MAxHUFFMAN,Associate ProfessorofLawandDean 's Fellow. B.A., Cornell University; J.D., University of Cincinnati College of Law. LAWRENCE A. JEGEN, III, Thomas F. Sheehan Professor of Tax Law and Policy. B.A., Beloit College; J.D., M.B.A., University ofMichigan; LL.M., New York University School of Law. ROBERT A. KATZ, Professor of Law. A.B., Harvard College; J.D., University of Chicago Law School. ANDREWR. KLEIN, Paul E. Beam Professor of Law; Chief of Staff, Office of the Chancellor of IUPUI. B.A., University ofWisconsin; J.D., Emory University School of Law. NORMANLEFSTEIN, Professor of Law and Dean Emeritus. LL.B., University oflllinois College of Law; LL.M., Georgetown University Law School. GERARD N. MAGUOCCA, Professor of Law and Grimes Fellow. B.A., Stanford University; J.D., Yale Law School. AlliSON MARTIN, Clinical Associate Professor of Law. B.S., J.D., University of Illinois. DEBORAH McGREGOR, Clinical Professor of Law and Assistant Director of Legal Analysis, Research and Communication. B.A., University of Evansville; J.D., Georgetown University Law Center. EMU. Y MORRIS, Associate Professor ofLaw and Dean's Fellow. A.B., Harvard University; J.D., University of Michigan Law School. NOVELLA NEDEFF, Clinical Associate Professor of Law. B.A., J.D., Indiana University. DAVID ORENTUCHER, Samuel R. Rosen Professor of Law and Co-Director of the William S. and Christine S. Hall Center for Law and Health. B.A., Brandeis University; J.D., M.D., Harvard University. JOANNE ORR, Clinical Professor of Law. B.S., Indiana State University; J.D., California Western School ofLaw. ANTONY PAGE, Professor of Law and Dean's Fellow; Director, Central & Eastern European Law Summer Program. B. Comm., McGill University; M.B.A., Simon Fraser University; J.D., Stanford Law School. H. KATHLEEN PATCHEL, Associate Professor of Law. A.B., Huntington College; J.D., University ofNorth Carolina Law Schoot LL.M., Yale Law School. MICHAEL J. PITTS, Associate Professor of Law; Dean's Fellow and John S. Grimes Fellow. B.S.J., Northwestern University; J.D., Georgetown University Law Center. PETER A. PRESCOTT, Associate Professor of Law. B.A., Augustana College; M.S., The University of Chicago; M.P.A., The University of Texas at Austin; J.D., The University of Houston Law Center. FRAN QUIGLEY, Clinical Professor of Law, Health and Human Rights Clinic, Indiana University Robert H. McKinney School of Law; Senior Advisor, Indiana University Center for Global Health. B.A., Hanover College; M.A., Indiana University; J.D., Indiana University Robert H. McKinney School of Law. FLoRENCE WAGMAN ROISMAN, William F. Harvey Professor of Law. B.A., University of Connecticut; LL.B., Harvard Law School. JoAN M. RUHTENBERG, Clinical Professor of Law and Director of Legal Analysis, Research and Communication. B.A., Mississippi University for Women; J.D., Indiana University Robert H. McKinney School of Law. JOEL M. SCHUMM, Clinical Professor of Law. B.A., Ohio Wesleyan University; M.A., University of Cincinnati; J.D., Indiana University Robert H. McKinney School of Law. LAHNYR. SILVA, Associate Professor of Law. B.A., M.A., Boston University; J.D., University of Connecticut School ofLaw; LL.M., University ofWisconsin Law School. MARGARET C. TARKINGTON, Associate Professor of Law. B.A., Brigham Young University; J.D., J. Reuben Clark Law School, Brigham Young University. CARLTON MARK W ATERHOUSE,AssociateProfessorofLaw; Dean's Fellow. B.S., Pennsylvania State University; J.D. with honors, Howard University School ofLaw; M.T.S., Emory University, Chandler School of Theology; Ph.D. with honors, Emory University. FRANCES WATSON, Clinical Professor of Law. B.S., Ball State University; J.D., Indiana University Robert H. McKinney School of Law. LLOYD T. WILSON, JR., Professor of Law; Director, Joint Center for Asian Law Studies; Director, Chinese Law Summer Program; Director, American Law for Foreign Lawyers LL.M Program. B.A., Wabash College; M.A., Duke University; J.D., Indiana University Maurer School of Law. R. GEORGE WRIGHT, Lawrence A. Jegen III Professor of Law. A.B., University of Virginia; Ph.D., Indiana University; J.D., Indiana University Robert H. McKinney School of Law. Emeriti Faculty THOMAS B. AlLINGTON, Professor of Law Emeritus. B.S., J.D., University ofNebraska; LL.M., New York University School of Law. Enw ARD P. ARCHER, Professor of Law Emeritus. B.M.E., Renesselaer Polytechnic Institute; J.D., LL.M., Georgetown University Law School. JAMES F. BAILEY, Ill, Professor of Law Emeritus. A.B., J.D., M.A.L.S., The University of Michigan. CLYDE HARRISON CROCKETI, Professor of Law Emeritus. A.B., J.D., University of Texas; LL.M., University of London (The London School of Economics and Political Science). DEBRA A. F ALENDER, Professor of Law Emerita. A.B., Mount Holyoke College; lD., Indiana University Robert H. McKinney School of Law. DAVID A. FuNK, Professor of Law Emeritus. A.B., College of Wooster; J.D.,. Case Western Reserve University School of Law; M.A., The Ohio State University; LL.M., Case Western Reserve University; LL.M., Columbia Law School. PAUL J. GALANTI, Professor of Law Emeritus. A.B., Bowdoin College; J.D., University of Chicago Law School. HELEN P. GARFIELD, Professor of Law Emerita. B.S.J., Northwestern University; J.D., University of Colorado School ofLaw. HAROLD GREENBERG, Professor of Law Emeritus. A.B., Temple University; J.D., University of Pennsylvania Law School. JEFFREY W. GROVE, Professor of Law Emeritus. A.B., Juniata College; J.D., George Washington University Law School. WILUAM F. HARVEY, Carl M Gray Professor of Law & Advocacy Emeritus. A.B., University of Missouri; J.D., LL.M., Georgetown University Law School. W. WILUAM HODES, Professor of Law Emeritus, A.B., Harvard College; J.D., Rutgers University School of Law-Newark. WILUAM ANDREW KERR, Professor of Law Emeritus. A.B., J.D., West Virginia University; B.D., Duke University; LL.M., Harvard Law School. ELEANORDEARMANKlNNEY, Hall Render ProfessorofLaw, Co-director of the WilliamS. and Christine S. Hall Center for Law and Health Emerita. B.A., Duke University; M.A., University of Chicago; J.D., Duke University School of Law; M.P.H., University of North Carolina. WILUAM E. MARsH, Professor of Law Emeritus. B.S., J.D., University ofNebraska. SUSANAHM. MEAD, Professor of Law Emerita. B.A., Smith College; J.D., Indiana University Robert H. McKinney School of Law. RONALD W. POLSTON, Professor of Law Emeritus. B.S., Eastern Illinois University; LL.B., University of Illinois College of Law. KENNETH M. STROUD, Professor of Law Emeritus. A.B., J.D., Indiana University­ Bloomington. JAMES W. TORKE, Carl M Gray Professor of Law Emeritus. B.S., J.D., University of Wisconsin. JAMES PATRICK WIDTE, Professor of Law Emeritus. A.B., University of Iowa; J.D., LL.M., George Washington University Law School. LAWRENCE P. Wn.KINS, William R. Neale Professor of Law Emeritus. B.A., The Ohio State University; J.D., Capitol University Law School; LL.M., University ofTexas School of Law. MARY THERESE WoLF, Clinical Professor of Law Emerita. B.A., Saint Xavier College; J.D., University oflowa College ofLaw. Ruth LUly Law Library Faculty JUDITH FORD ANsPACH, Professor of Law and Director, Ruth Lilly Law Library. B.S., M.L.S., Kent State University; J.D., Mississippi College School of Law. DEBRA DENSLA w, Reference Librarian. B.A., Franklin College; M.S., University of Illinois, Urbana-Champaign; J.D., Valparaiso School ofLaw. RICHARD HUMPHREY, Reference Librarian. A.A., Brewton-Parker Junior College; B.A, Georgia Southwestern College; M.L.S., University of Kentucky. WENDELL E. JOHNTING, Cataloging and Government Documents Librarian. AB., Taylor University; M.L.S., Indiana University. CATHERINE LEMMER, Head of Information Services. B.A., Lawrence University; J.D., University of Wisconsin; M.S., University of Illinois. CHRis E. LoNG, Cataloging Librarian. B.A., Indiana University; M.A, Indiana University; M.L.S., Indiana University. STEVENR. MilLER, Reference Librarian. B.S., Lebanon Valley College ofPennsylvania; M.A., Dominican University; M.S., Northwestern University; J.D., The John Marshall Law School. MAHNAZ K. MoSHFEGH, Serials/Acquisitions Librarian. B.A., National University of Iran; M.S., Tehran University; M.A., Ball State University; M.L.S., Ph.D., Indiana University. MIRIAM A. MURPHY, Associate Director. B.A., Purdue University; J.D., M.L.S., Indiana University-Bloomington. KIYosm OTsu,Automated Services and Media Librarian. A.A., Parkland College; A.B., M.S., C.A.S., University of Illinois. INDIANA HEALTH LAW REVIEW Volume9 TABLE OF CONTENTS ARTICLES What to Do When You Can't Hear the Whistleblowing: A Proposal to Protect the Public's Health by Providing Whistleblower Protection for Issue 1 Medical Researchers ............................................................... Jennifer S. Bard 1 The Forgotten Patient: A Health Provider's Guide to Providing Comprehensive Care for Transgender Patients ........................ Nikki Burrill & Valita Fred/and 69 Extending the Fantasy in the Supermarket: Where Unhealthy Food Promotions Meet Children and How the Government Can Intervene ................................................................. Jennifer L. Pomeranz 117 NOTES The Case for Pharmacists As Legal Health Care Providers ............ Erin Albert 187 Keeping Your Head on Straight: Protecting Indiana Youth Athletes from Traumatic Brain Injuries Through "Return-to-Play" Legislation ............................................................................. Andrew W. Breck 215 Where Do Treating Physicians Belong as Witnesses in the Seventh Circuit? .......................................................................... Courtney E. Campbell 247 Nurses Providing Anesthesia Not a "Laughing" Matter: Why Indiana Should Not Opt Out of Federal Physician Supervision of Certified Nurse Anesthetists Requirements .......................................... Ky/e K. Fairchild 281 State Challenges to the Patient Protection and Affordable Care Act: The Case for a New Federalist Jurisprudence ................. Christopher B. Serak 311 A Dose of Reality: Unintended Consequences of Penalizing Hospital Readmissions in the PPACA ..................................................... Joel D. Swider 361 2012