MEDICAL ETHICS

Section 15.01. The Principles of Medical Ethics of the American Medical Association or of any statement of principle or policy by this Society or by The American Society of Anesthesiologists, Inc., as the same may be amended from time to time, or of any bylaw, rule, regulation or resolution of this Society or of The American Society of Anesthesiologists, Inc., shall be binding upon the membership of this Society. In the event of any contradiction among these various principles, those of this Society shall take precedence and then those of the American Society of Anesthesiologists, Inc., shall take next precedence.

JUDICIAL AND AWARDS COMMITTEE

Section 15.02. Specific complaints and charges of unethical conduct or conflict of interest on the part of any member shall be referred to the Judicial and Awards Committee by the President or Secretary. A specific complaint shall consist of a written, signed accusation naming the accused and including the particulars of the breach of ethics involved. Such complaints may be made by any member, by the general public, by the President in the name of the Society, by the Board of Directors, or by the Committee on Continuous Quality Improvement and Peer Review.

Section 15.02-1. Investigation. The Judicial and Awards Committee shall examine and investigate the member’s professional conduct; provided however, the Committee shall, in its sole discretion and judgement delay or postpone indefinitely any investigation pending the outcome of any administrative and/or legal proceeding or suit commenced by or against the party in question and/or any investigation by OPMC or any government official that is occurring or that may arise out of or as a result of the incident in question. At the conclusion of any administrative, legal, and/or official proceeding or investigation, the Committee in its sole discretion and judgement, may elect not to proceed. If a majority of the members of the Committee shall determine that there is substantial basis for charge of professional misconduct and that the charge, if sustained, would constitute a cause for disciplinary action under these Bylaws, then said Committee shall direct the member to appear before it at a hearing.

Section 15.02-2. Note of Charge. At least fifteen (15) days before the date of said hearing, the Judicial and Awards Committee shall give the member written notice of the charges made against him or her and of the time place of the hearing with respect thereto, by mailing said notice to the member by registered mail to his or her last address as it appears on the records of the Society.

Section 15.02-3. Hearing. At the hearing, the member and the Judicial and Awards Committee may be represented by legal counsel and may call and cross-examine witnesses and produce evidence pertaining to the charges. The Judicial and Awards Committee, by letter signed by its Chair or by two (2) of its members, may, upon not less than ten (10) days’ notice, direct any member of the Society to appear before it at a hearing to give evidence with respect to the charges. Failure of a member to respond to such summons without satisfactory excuse shall be cause for discipline under these Bylaws. All witnesses, including the accused if he or she shall testify, shall be duly sworn before a notary public or other officer duly authorized to administer oaths in the county in which the hearing is held.

The Judicial and Awards Committee is authorized in its discretion to reimburse witnesses who are not members of this Society for expenses actually incurred in attending the hearing. All evidence or information given to or before the Committee shall be privileged. The proceedings at each hearing shall be stenographically reported and upon payment of the cost hereof, the accused shall be entitled to a copy of such report.

Section 15.02-4. Degree of Discipline. There shall be three degrees of discipline: (1) censure; (2) suspension from the rights and privileges of membership; (3) expulsion from membership. The imposition of discipline may also be suspended upon such terms and conditions as may be specified.

Section 15.02-5. Findings. After the conclusion of the hearing, the Judicial and Awards Committee shall make its findings of fact concerning the charges. A finding by the Judicial and Awards Committee that the member has not violated any principle, policy, or any matter referred to in Section 15.01. of this Chapter shall be final and conclusive. If the Judicial and Awards Committee shall find such a violation, it shall submit its findings to the Board of Censors in writing, together with its recommendations concerning the discipline, if any, to be imposed upon the member, and a copy of the stenographic report of the proceedings held before it in the matter.

Section 15.02-6. Notification. The Judicial and Awards Committee shall in every case serve upon the member a copy of its findings of fact and recommendations, if any, by mailing said copy to the member by registered mail to his or her last address as it appears on the records of the Society.

BOARD OF CENSORS

Section 15.03. If the member shall feel aggrieved either by the findings of fact or by the recommendations of the Judicial and Awards Committee, he or she may obtain a hearing before the Board of Censors.

Section 15.03-1. Appeal and Bond. A written application for such a hearing must be filed with the Secretary of the Society at any time within twenty (20) days after the Judicial and Awards Committee shall have mailed to him or her a copy of its findings of fact and its recommendations. In such application the member shall specify which of the findings of fact or recommendations he or she contends to be erroneous. Such application shall be accompanied by a penal bond in the sum of one thousand dollars ($1,000). If, after such hearing, the findings of fact of the Judicial and Awards Committee shall be affirmed and its recommendations accepted, the member shall forfeit to the Society all or such share of said bond as shall represent the necessary expenditures on the part of the Society incident to such appeal. If the appeal of the member is upheld, the bond shall be refunded to him or her in entirety.

Section 15.03-2. Hearing. At the hearing before the Board of Censors, the member shall have the right to appear in person and to be represented by legal counsel. No evidence shall be taken at said hearing which shall be based only on the notice of charges served on the member, the minutes of the proceedings before the Judicial and Awards Committee, the findings of fact and recommendations of the Judicial and Awards Committee and the application for the hearing. In its discretion the Board of Censors may remand the matter to the Judicial and Awards Committee to take further testimony or such other proceedings as it may direct.

Section 15.03-3. Findings. After the conclusion of such hearings the Board of Censors shall, provided it does not remand the matter to the Judicial and Awards Committee, make its own findings of fact to the extent it does not concur with the findings of fact of the Judicial and Awards Committee, and shall decree what discipline, if any, shall be imposed upon the member.

Section 15.03-4. Notice. Notice of the action of the Board of Censors in these respects shall be served upon the member by mailing written notice of such action to him or her by registered mail addressed to his or latest address as it appears on the records of this Society. In all instances notice of the action of the Board of Censors shall be served upon the Judicial and Awards Committee.

FINAL APPEAL

Section 15.04. If the member shall feel aggrieved by any final decision of the Board of Censors, he or she may exercise his or her right to appeal from such final decision to The American Society of Anesthesiologists, Inc., in accordance with the Bylaws and resolutions of that Society. The imposition of discipline shall be stayed until the accused shall have exhausted his or her remedies on such appeal or shall have failed to perfect such appeal or shall have failed to perfect such appeal within the time allowed therefore.

PUBLICATION

Section 15.05. Notice of any disciplinary action taken pursuant to this Chapter shall be published in the official publication of the Society following final appeals to The American Society of Anesthesiologists, Inc., if any, by the accused.

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