Due Process

AMA Policies Regarding Due Process

E-9.05 Due Process

The basic principles of a fair and objective hearing should always be accorded to the physician or medical student whose professional conduct is being reviewed. The fundamental aspects of a fair hearing are a listing of specific charges, adequate notice of the right of a hearing, the opportunity to be present and to rebut the evidence, and the opportunity to present a defense.

These principles apply when the hearing body is a medical society tribunal, medical staff committee, or other similar body composed of peers. The composition of committees sitting in judgment of medical students, residents, or fellows should include a significant number of persons at a similar level of training.

These principles of fair play apply in all disciplinary hearings and in any other type of hearing in which the reputation, professional status, or livelihood of the physician or medical student may be negatively impacted.

All physicians and medical students are urged to observe diligently these fundamental safeguards of due process whenever they are called upon to serve on a committee which will pass judgment on a peer. All medical societies and institutions are urged to review their constitutions and bylaws and/or policies to make sure that these instruments provide for such procedural safeguards. Issued prior to April 1977; Updated June 1994. (II, III, VII)

H-265.998 Guidelines for Due Process

While it is not possible to develop universal guidelines for due process, voluntary utilization of the following general guidelines for due process, adapted in each instance to suit the circumstances and conditions of the institution or organization and within the requirements of the applicable laws of the jurisdiction, should assist in providing the type of hearing which the law in each jurisdiction requires: (1) The physician should be provided with a statement, or a specific listing, of the charges made against him. (2) The physician is entitled to adequate notice of the right to a hearing and a reasonable opportunity to prepare for the hearing. (3) It is the duty and responsibility of the hearing body to conduct a fair, objective and independent hearing pursuant to established rules. (4) The rules of procedure should clearly define the extent to which attorneys may participate in the hearing. (5) The physician against whom the charges are made should have the opportunity to be present at the hearing and hear all of the evidence against him. (6) The physician is entitled to the opportunity to present a defense to the charges against him. (7) The hearing body should render a decision based on the evidence produced at the hearing. (8) In any hearing, the interest of patients and the public must be protected. (BOT Rep. II, A-80; Reaffirmed: Sunset Report, I-98)

H-220.951 Medical Staff Membership

The AMA (1) requests the JCAHO to require that conditions for hospital medical staff membership be based only on the physician's professional training, experience, qualifications, and adherence to medical staff bylaws; and (2) will work toward protecting the due process rights of physicians when medical staff privileges are terminated without appropriate due process as described by the medical staff bylaws. (Res. 721, I-91; Reaffirmed by Res. 802, I-94)

H-230.987 Hospital Decisions to Grant Exclusive Contracts

The AMA supports the concept that individual medical staff members who have been granted clinical privileges are entitled to full due process in any attempt to abridge those privileges by granting of exclusive contracts by the hospital governing body. (Res. 119, I-85; Reaffirmed by CLRPD Rep. 2, I-95)