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Automatic Relinquishment

Medical Staff Leader Connection, August 22, 2007

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Dear medical staff leader:
Most medical staff bylaws have a section that describes "automatic suspensions." However, you may want to consider using the term automatic "relinquishment" instead since the word "suspension" conjures up the thought of fair hearings and due process.
The word "relinquishment," on the other hand, implies that the practitioner has not fulfilled some basic rule(s) set forth in the bylaws for licensure, insurance, etc.
With such language in place, whenever a practitioner fails to meet obligations or requirements he or she would relinquish the privileges and in essence voluntarily resign.
This action requires no thought or added work for the MEC or medical staff leadership. It is simply an administrative action.
A physician's privileges would remain relinquished until the situation is resolved to the satisfaction of the MEC and the board. The practitioner would not be entitled to the fair hearing and appeal due process.

Here are some examples of actions that could trigger an automatic relinquishment:

• A practitioner's medical license is revoked or suspended
• DEA certificate is revoked or suspended
• Whenever a practitioner is sanctioned or barred from Medicare, Medicaid, Tricare, or other federal program.
• A practitioner's failure to maintain insurance in the amount required by the board and/or state regulations
• A practitioner's failure to pay medical staff dues, if dues exist.
• A practitioner's failure to satisfy the requirements delineated in the medical staff rules and regulations or policies and procedures
• A felony/misdemeanor indictment/conviction
• Failure to become board certified or maintain board certification
• Failure to meet any special meeting attendance requirements
• Failure to execute certain releases and/or provide documents
• Lack of participation in any required physical/mental evaluations

Consider stating that the medical staff president may reinstate the practitioner immediately when it is determined that the triggering circumstances have been rectified. If the issue has not been satisfactorily resolved within 60 days then a reapplication for staff membership and privileges may be necessary.

Joseph Cooper, MD
The Greeley Company

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