The ACEP Board of Directors suspended Diane M. Sixsmith, MD, FACEP, from ACEP membership for a period of 12 months beginning Jan. 1, 2019, for violations of ACEP’s Expert Witness Guidelines for the Specialty of Emergency Medicine and the Code of Ethics for Emergency Physicians.

Pursuant to ACEP’s Procedures for Addressing Charges of Ethical Violations and Other Misconduct, any ACEP member may transmit to the Executive Director a request for information regarding the disciplinary actions taken by the College. Such letter shall specify the name of the member or former member who is the subject of the request.

Procedures for Addressing Charges of Ethical Violations and Other Misconduct

ACEP has a formal procedure for reviewing complaints and addressing charges of ethical violations or other misconduct. The procedures can be found online.

The following is a summary of the procedures:

• A complaint of ethical violations and/or other misconduct may be initiated by an ACEP member, chapter, committee, or section.
• The ACEP Executive Director, in consultation with the ACEP President and the chair of the Bylaws or Ethics Committee, reviews the complaint and determines whether it is frivolous or alleges conduct that may constitute a violation of ACEP Bylaws or a policy or principle included in ACEP’s Code of Ethics. If the complaint meets this criterion, it is forwarded to the Bylaws or Ethics Committee, or an appointed subcommittee, for review.
• The respondent is provided with a copy of the complaint, along with any attachments, and has 30 days to respond and submit evidence in his or her defense.
• The appropriate committee, or its subcommittee, will consider whether the alleged action(s) violates the ACEP Bylaws or current ACEP ethics policies, such as the Code of Ethics, which includes ACEP’s Expert Witness Guidelines. If it is determined that a violation has occurred, the group will make a recommendation to the Board of Directors as to 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, response, and any submitted supporting documentation, and at a Board meeting determines whether a violation has occurred and if disciplinary action is warranted. The respondent is notified of the decision and may either request a hearing or accept the Board’s decision.
• If a hearing is requested, the complainant and respondent each may be represented by counsel or any other person of their choice at the proceedings. The Board will then render a final decision based on the hearing and provide written notice of its decision, along with its basis, to the respondent.

Possible Disciplinary Actions and Disclosure to ACEP Members

• Censure
  • Private Censure: A private letter of censure informs a member that his or her conduct does not conform with the College’s ethical standards. ACEP may confirm the censure at the request of an ACEP member. However, contents of the letter will not be provided.
  • Public Censure: A letter of censure shall detail the manner in which the censured member has been found to violate the College’s ethical standards. The censure shall be announced in an appropriate ACEP publication. The published announcement shall also state which ACEP bylaw or policy was violated by the member and shall inform ACEP members that they may request further information about the disciplinary action.
• Suspension from ACEP membership shall be for a period of 12 months, after which the suspended member may request reinstatement. The suspension shall be announced in an appropriate ACEP publication. The published announcement shall also state which ACEP bylaw or policy was violated by the member and shall inform ACEP members that they may request further information about the disciplinary action.
• Expulsion from ACEP membership shall be for a period of five years, after which the expelled member may petition the Board for readmission to membership. The expulsion shall be announced in an appropriate ACEP publication. The published announcement shall also state which ACEP bylaw or policy was violated by the member and shall inform ACEP members that they may request further information about the disciplinary action.