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Medical staff members’ rights

Medical Staff Leader Connection, February 22, 2006

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Dear medical staff leader:

Members of an organization are typically granted rights as a benefit of that membership. When a physician joins the medical staff, he or she is typically granted privileges to perform clinical tasks based on education, training, and current clinical competency. But what rights are medical staff members granted?

Most medical staff bylaws detail members' rights. However, language regarding those rights is scattered throughout the document. The bylaws should always make it clear that medical staff members have the right to a fair hearing, due process, and appeal when their clinical privileges are denied, reduced, suspended, or restricted. For hospitals and physicians to obtain immunity under the Health Care Quality Improvement Act (HCQIA) of 1986, this language has become commonplace in medical staff bylaws. The bylaws should also state that medical staff members have the right to

• request a general medical staff meeting by gathering a specified percentage of medical staff members' signatures on a petition supporting the request
• request a section or department meeting following the process outlined above
• initiate a recall of elected medical staff leaders
• clarify a medical executive committee (MEC) rule or policy or to appear before the MEC to address concerns that cannot be resolved by working with appropriate medical staff leaders

Incorporating a "members' rights" section into your bylaws will ensure medical staff members know not only their clinical privileges, but their privileges of membership.

That's all for this week!

All the best,

Joseph Cooper, MD
The Greeley Company
http://www.greeley.com/seminars/

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