Position Statement on Due Process
An emergency physician is entitled to due process upon unilateral termination by his or her employer (or contracting entity) or upon any other adverse action that otherwise affects his or her job security. Due process assumes that the following are property rights of an emergency physician, fundamental to quality patient care and the pursuit of one's livelihood, and should not be forfeited and may not be taken away without reasonable cause and a fair hearing:
- Clinical privileges.
- Medical staff membership.
- Regular, predictable, and fair shift scheduling.
A fair hearing consists of the following:
- The interest of patients and the public must be protected in any hearing.
- A hearing body consisting of a physician peer group (and, for Emergency Medicine practice concerns, a consensus of board certified emergency physicians).
- Listing of all charges and objective evidence of reasonable cause.
- Adequate notice of the right to the hearing and of when/where it will take place.
- The opportunity to be present, rebut the evidence, and present a defense.
- Compliance with established rules regarding the extent to which an attorney may participate.
- The hearing body must render a decision based solely on the evidence produced at the hearing.