Code of Ethics

American Academy of Emergency Medicine
Code of Ethics
May 2002

The Code of Ethics of the American Academy of Emergency Medicine (the "Academy") applies to the Academy and its members and is enforceable solely by the Academy.

The primary purpose of this Code of Ethics is to support the Academy's Mission Statement which is:

The American Academy of Emergency Medicine (AAEM) is the specialty society of Emergency Medicine. AAEM is a democratic organization committed to the following principles:

1. Every individual should have unencumbered access to quality emergency care provided by a specialist in Emergency Medicine.

2. The practice of Emergency Medicine is best conducted by a specialist in Emergency Medicine.

3. A specialist in Emergency Medicine is a physician who has achieved, through personal dedication and sacrifice, certification by either the American Board of Emergency Medicine (ABEM) or the American Osteopathic Board of Emergency Medicine (AOBEM).

4. The personal and professional welfare of the individual specialist in Emergency Medicine is a primary concern to AAEM.

5. AAEM supports fair and equitable practice environments necessary to allow the specialist in Emergency Medicine to deliver the highest quality of patient care. Such an environment includes provisions for due process and the absence of restrictive covenants.

6. AAEM supports the growth of residency programs and graduate medical education, which are essential to the continued enrichment of Emergency Medicine, and to ensure a high quality of care for the patient.

Rules and Policies.

The Rules and Policies of Ethics set forth below are mandatory and specific standards of conduct for all Members of the Academy in any class of membership. The Rules of Ethics are enforceable by the Academy.

Rules of Ethics.

Member Conduct.

1. Compliance with Applicable Rules. Members shall at all times comply with (a) stated rules, policies and other requirements of the Academy, including without limitation, all provisions of its Constitution and Bylaws; (b) applicable requirements under federal and state laws and regulations relating to such Member's status as a physician, scientist, allied health professional or other; and (c) applicable rules and requirements of each and every of the following bodies to whom such Member is subject (a "Governing Body"):
   
   

   1. healthcare entities and governing bodies and committees thereof which conduct professional review activities;

   2. boards of medical examiners and comparable bodies with responsibility for licensing of physicians or allied health professionals,

   3. other self-regulatory organizations and professional societies; and

   4. any other body which is a "board of professional examiners" or a "professional review body" under the Healthcare Quality Improvement Act of 1986.

2. Discipline by Other Bodies. Any:
   
   

   1. censure or reprimand;

   2. suspension or termination of a license or membership;

   3. suspension or revocation of privileges; or

   4. any other finding of bad standing of a Member by any Governing Body shall constitute a violation of this Code of Ethics.

Commercial Relationships.

A Member's clinical judgment shall not be affected by an economic interest in, commitment to, or benefit from professionally related commercial enterprises.

Disclosure of Conflicts of Interest.

The established policy of the Academy is to require of its officers, directors, committee/task force chairpersons, senior staff and certain others appropriate disclosure from time to time declaring any relevant conflict of interest between his or her Academy position and his or her involvement, directly or indirectly, with any outside organization, commercial or noncommercial, which, among other things, may:

1. have significant economic transactions with the Academy;

2. have objectives inconsistent with the purposes of the Academy; or

3. market products or services for sale to Members or patients under their care.

Policy and Procedures Regarding Actual or Potential Conflicts of Interest.

In order for the Academy to most effectively further its mission and to otherwise maintain its excellent reputation in the medical community and with the public, it is important that confidence in the Academy's integrity be maintained, and, in this regard, that the Academy's decisions and actions not be unduly influenced by any special interests of individual Members.

This Policy seeks to identify actual or potential conflicts of interest which might improperly affect Academy activities. Specifically, this Policy seeks to cover the following three types of possible conflicts of interest:

1. Interests which may affect (or be affected by) significant economic transactions to which the Academy is or may be a direct party (i.e., ownership by an Academy officer of a company from which the Academy makes major purchases of goods or services).

2. Interests which might cause a representative of the Academy to abuse an Academy position in order to achieve objectives which are inconsistent with the purposes of the Academy.

3. Interests which do not relate directly to an interest of the Academy as an organization but bear significantly on issues of importance to the Academy membership and about which different components of the Academy membership might hold widely differing views.

Administrative Procedures

Administrative procedures form the third part of the Code of Ethics. These procedures provide for the structure and operation of the Ethics Review Process and they set forth procedures to be followed by the Board of Directors of the Academy in handling inquiries or challenges raised under the Rules of Ethics. All Members are required to comply with these procedures. Failure to cooperate with the Board of Directors in a proceeding on a challenge may be considered by the Board of Directors according to the same procedures and with the same sanctions as failure to observe the Rules of Ethics.
Indemnification and Insurance.

The Academy shall indemnify and hold harmless and defend the Board of Directors and Academy staff, employees and agents against liability arising from related activities to the extent provided by the Bylaws of the Academy or otherwise for directors, officers, members, employees, staff and agents. The Academy shall maintain insurance in amounts sufficient for this purpose.

Inquiries and Challenges.

1. Preliminary Review and Disposition. A submission involving this Code of Ethics (a "submission") may consist of:

1. a request for issuance by the Board of Directors of an advisory opinion interpreting any provision of this Code of Ethics (an "inquiry"); or

2. a request for a finding by the Board of Directors that a member has failed to observe any provision of the Rules of Ethics under this Code of Ethics (a "challenge").

Submissions may be considered without regard to their means or form of submission. Submissions relating to information not in the public domain are not considered unless they are submitted in writing and signed by their submitters. Submissions may be made by any person or entity, regardless of whether a Member, including without limitation, other physicians, healthcare institutions, healthcare reimbursers, allied health professionals, patients or organizations representing any of the above. Upon preliminary review of a submission, the President may conclude, in the Executive Committee's discretion, that the submission:

1. contains insufficient information upon which to base an investigation;

2. would be better suited for consideration by another body (i.e., a healthcare entity or governing body or committee thereof, a governmental or quasi-governmental administrative body, a board of medical examiners or comparable body, or another self-regulatory organization) which conducts peer review activities and has jurisdiction over such matter; or

3. is patently frivolous or inconsequential

In the event of any such conclusion by the President, the submission shall be disposed of by notice from the President to its submitter.

Investigation.

For each submission involving this Code of Ethics that the President concludes is valid and actionable, the Board of Directors shall conduct an investigation into its specific facts or circumstances to whatever extent is necessary in order to clarify, expand or corroborate the information provided by the submitter. A Member who is the subject of a challenge shall be informed in writing at the beginning of the investigation as to (i) the nature of the challenge, (ii) the obligation to cooperate fully in the investigation of the challenge, and (iii) the opportunity to request a hearing on the challenge before the Board of Directors. Investigations involving challenges shall be conducted in confidence, with all written communications sealed and marked "Personal and Confidential," and they shall be conducted objectively, without any indication of prejudgment. An investigation may be directed toward any aspect of an inquiry or challenge which is relevant or potentially relevant. The investigation may include one or more site visits and informal interviews with the Member who is the subject of the challenge.

Determination of Non-Observance.

The Board of Directors shall make the determination whether a Member has failed to observe the Rules of Ethics in this Code and shall impose an appropriate sanction upon the recommendation of the Ethics Committee arising from a challenge and following an investigation.

Sanctions.

Any of the following sanctions may be imposed by the Board of Directors upon a Member who the Board of Directors has determined has failed to observe the Rules of Ethics, although the sanction applied must reasonably relate to the nature and severity of the non-observance, focusing upon reformation of the conduct of the Member and deterrence of similar conduct by others:

1. reprimand the Member, with publication of the determination but not the Member's name;

2. suspension of the Member from the Academy for a designated period, with publication (at the discretion of the Board of Directors) of the Member's name; or

3. termination of the Member from the Academy, with publication of the determination and of the Member's name.
   
   In addition to and not in limitation of the foregoing, in any case in which the Board of Directors determines that a Member has failed to observe the Rules of Ethics, the Board of Directors may impose the further sanction that the Member shall not be entitled to sponsor, present, or participate in a lecture, poster, film, instruction course, panel or exhibit booth at any meeting or program of or sponsored by the Academy:

4. for a period of up to five (5) calendar years from and after the effective date a sanction is imposed for the first time upon him or her;

Members who are suspended are deprived of all benefits and incidents of membership during the period of suspension.

Appeal.

Within thirty (30) days of receipt of notice of a determination by the Board of Directors that a Member has failed to observe the Rules of Ethics in this Code and of imposition of a sanction, the affected Member may submit to the Board in writing a request for an appeal. In such event, the Board of Directors shall establish an appellate body consisting of at least three (3), but not more than five (5), Fellows of the Academy who did not participate in the investigation or in the Board of Directors' determination. The appellate body shall conduct and complete the appeal within ninety (90) days after receipt of the request for an appeal.

Overriding Reporting Requirement.

Notwithstanding anything expressly or apparently to the contrary contained in this Code of Ethics, the Academy shall report such information, to such agency or agencies, and in such form and manner and frequency as may from time to time be prescribed by the Healthcare Quality Improvement Act of 1986 and by regulations promulgated thereunder, all as from time to time amended, as a condition to the continued availability to the Academy of the protection from liability for damages afforded by such Act.

6/25/02