Credentialing & Privileging

Ask the expert: What are the liability risks for individuals serving as proctors?

Credentialing Resource Center Insider, March 9, 2012

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Anyone can be sued for anything in our society. When the proctor is a medical staff member who serves on a peer review committee, he or she is protected from judgments or damages by the immunity provisions of HCQIA. Individual state peer review and business laws often add further legal protection.  When the proctor is not a member of a peer review committee, and perhaps not even a member of the medical staff, an authorized peer review committee should make a formal request that he or she perform the review. Document this request in the committee’s minutes. In addition, a written agreement between the hospital and the proctor should outline all of the following factors:

  • A listing of the requested proctoring duties, along with documentation that they are peer review activities authorized by the medical staff
  • The terms of compensation
  • The type of information/report that is expected from the proctor
  • Documentation of the confidential nature of the task
  • Any indemnification guarantees provided by the hospital

 This week’s question and answer are from The Complete Guide to FPPE: Strategies for Medical Staff Professionals, Physician Leaders, and Quality Directors by Valerie Handunge, MA; Christina W. Giles, CPMSM, MS; Jonathan H. Burroughs, MD, MBA, FACPE; and Evalynn Buczkowski, RN, BSN, MS.



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