Overload: Regulating the Sources of Information about Attention-Deficit/Hyperactivity Disorder

Abstract

Information relating to attention-deficit/hyperactivity disorder (AD/HD) has flooded the consumer and medical markets in recent years. Information “overload†is often problematic, but it is especially the case with AD/HD. Those afflicted with the disorder are uniquely unsuited to make sense of the mass of information that is presented to them. The purpose of this article, therefore, is to examine whether any legal controls exist to regulate the flow of information on AD/HD. The author looks at three of the most important sources of information on the disorder—the schools, the media, and doctors—and discusses the possibility of regulation in each area. With regard to the AD/HD information emanating from the schools, he notes that Congress has already attempted regulation with the proposed Child Medication Safety Act of 2003. Although the bill did not ultimately become law, its mere existence shows the understanding of many legislators that regulatory control of AD/HD information is important. As to the media, the author writes that regulation in this area is desperately needed. However, as a result of certain constitutional and statutory limitations, he believes that such regulation is not likely to be forthcoming anytime soon. Finally, the author describes several attempts that have been made to regulate doctors and the way in which they receive and dispense information about AD/HD. After noting how these attempts have generally failed to produce results, he goes on to state his belief that substantive and effective regulation in this area is a task that is easily achievable.