There is a process for ACEP members to file a complaint alleging that another member has violated one of the College’s policies regarding ethical conduct. The details of the complete process for filing a complaint about a violation of the ACEP Code of Ethics can be found online at www.acep.org/ethicalcomplaints. It is important to note that these policies govern the behavior of ACEP members, and non-members are not subject to those policies. Only a member can report a violation and such alleged violations must be committed by a member.
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ACEP Now: Vol 37 – No 10 – October 2018Who Will Assess the Conduct of the Member Charged with an Ethics Violation?
Usually, this responsibility falls to an Ethics Committee subcommittee after the member filing the complaint (complainant) and the member against whom the complaint is filed (respondent) provide all relevant documentation in support of their respective positions. The subcommittee determines whether the College ethics policies apply and makes a recommendation to the ACEP BOD regarding whether the alleged behavior is a violation of the policies and whether the alleged conduct justifies sanctioning the respondent member. If there is a minority opinion on the case, the dissenting subcommittee members are encouraged to draft their minority opinion for consideration by the BOD, which makes the final determination of whether an ethics violation has occurred and whether disciplinary action is warranted.
Ethical Violations Not Involving Expert Witness Testimony
The table below provides examples of violations of ethical obligations, other than giving false or misleading expert witness testimony, contained within the ACEP Code of Ethics and in multiple policies in the ACEP Policy Compendium.
| Ethical Obligations | Examples | Violations |
|---|---|---|
| Personal and Professional Conduct | An emergency physician reviews a record of a patient for whom they have no responsibility with regard to clinical care, education, research, or quality assurance. | Violation of patient confidentiality. |
| An emergency physician treats a patient unfairly because of his or her race, color, creed, gender, nationality, or other patient characteristic. | Discrimination evident in provision of patient care. | |
| An emergency physician commits a crime of moral turpitude, such as sexual misconduct, leaving the scene of an accident, homicide, etc. | Criminal charges and/or convictions. | |
| Clinical Care | An emergency physician records an interaction with a patient without his or her consent. | Commercial recording without consent. |
| An emergency physician discloses test results to authorities without due process and chain of custody protections to ensure patient confidentiality. | Cooperation with law enforcement at the expense of the patient. | |
| Commercial Relationships and Interactions with Society | An emergency physician makes a treatment choice based on a gift accepted from industry. | Conflict of interest. |
Sanctions of Ethics Complaints
Ethics complaints may result in one of several different sanctions including: censure, suspension, or expulsion.
Censure may be public or private. In a private censure, the member receives a letter informing them how their conduct is not in conformity with ACEP’s Code of Ethics. The contents of the letter will not be disclosed, but the fact of the letter’s issuance and the name of the recipient will be disclosed. The letter will detail expectations of future behavior, including a warning of more serious consequences for continued violation of ACEP’s ethical standards. A public censure involves a similarly styled letter. However, its contents will be disclosed publically as part of the disciplinary action.
If a member’s behavior is found to warrant suspension, the suspension period from ACEP membership is 12 months. After 12 months, the member will be offered reinstatement, and will be processed in the same manner as other lapsed memberships. In extreme cases, expulsion may be warranted. The expulsion period is five years, after which the member may petition the BOD for readmission to ACEP.
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One Response to “How Does ACEP’s Code of Ethics Apply to Me?”
September 16, 2018
Thomas BenzoniEditor:
There is one glaring hole in the ethics article presented that is of legacy origin.
Physicians who do not come inter ACEP, SAEM, ABEM, or AOBEM jurisdiction will give testimony against EM physicians, claiming they, too, can opine on our area of practice.
ACEP BOD several years ago put in place a mechanism whereby a complaint against a non-EM physician can be routed to that physician’s specialty board and/or society for action; please publish this action.
Before this was available, physicians in other areas of practice could testify against us with impunity; we had no standing as individuals to complain and their boards took no action.
This is powerful weapon of which we should avail ourselves.