The Board of Directors of ACEP issued on June 22, 2016 a public censure of Peter Rosen, MD, FACEP, for violation of ACEP’s Expert Witness Guidelines for the Specialty of Emergency Medicine and the Code of Ethics for Emergency Physicians.
Explore This IssueACEP Now: Vol 35 – No 09 – September 2016
Procedures for Addressing Charges of Ethical Violations and Other Misconduct
ACEP has a process for reviewing complaints of ethical violations or other misconduct. The complete process can be found online at www.acep.org/ethicalcomplaints. The following is a summary of procedures:
- A complaint of ethical violations or other misconduct may be initiated by an ACEP member, chapter, committee, or section.
- The ACEP Executive Director reviews the complaint and determines whether it is frivolous or refers it for review by the Bylaws and/or Ethics Committees or subcommittees, or refers it to be more appropriately addressed through judicial or administrative avenues.
- The respondent is provided with a copy of the complaint, along with any attachments, and given 30 days to respond along with evidence in his or her defense.
- The Committees, or their subcommittees, will consider whether the alleged action violates ACEP Bylaws or the Code of Ethics, which includes ACEP’s Expert Witness Guidelines. If they determine that a violation has occurred, they will then consider whether the alleged conduct warrants private censure, public censure, suspension, or expulsion from ACEP.
- The Board of Directors then receives the recommendation of the appropriate committee, the complaint and response, and at a meeting of the Board, votes to determine whether disciplinary action is warranted. The respondent is notified of the decision and may either request a hearing or accept the Board’s decision.
- At the hearing, the complainant and respondent each may be represented by counsel or any other person of their choice. The Board will then render a decision based on the hearing and provide written notice of its decision, along with its basis, to the respondent.
Possible Disciplinary Actions
- Private Censure: A private letter of censure informs a member that his or her conduct does not conform with the College’s ethical standards; the contents are not disclosed, but the fact that such a letter has been issued will be disclosed.
- Public Censure: A public letter of censure shall detail the manner in which the censured member has been found to violate the College’s ethical standards.
- Suspension from ACEP membership shall be for a period of 12 months, after which the suspended member can be reinstated.
- Expulsion from ACEP membership shall be for a period of 5 years, after which the expelled member may petition for readmission to membership.