Resident and Fellow Policy Manual

Appendix 1 - Policy on Professional Misconduct:

For purposes of this policy, professional misconduct is defined as any behavior that is defined as professional misconduct under New York Public Health and Education Laws.  Residents are held to the same standards of conduct as other physicians and dentists, whether or not they are licensed in New York State.  Professional misconduct includes but is not limited to the following:

• Obtaining a license fraudulently
• Practicing fraudulently, beyond authorized scope, with gross incompetence, with gross negligence on a particular occasion or negligence or incompetence on more than one occasion
• Practicing while impaired by alcohol, drugs, physical disability, or mental disability
• Being convicted of a crime under New York State law, Federal Law, or the law of another jurisdiction which would constitute a crime in New York State
• Accepting or performing professional responsibilities which the practitioner knows he/she is not competent to perform
• Delegating professional responsibilities to a person when the practitioner knows or has reason to know that such person is not qualified to perform them
• Refusing to provide professional services because of a person’s race, creed, color, or ethnic origin
• Abandoning or neglecting a patient in need of immediate professional care
• Performing professional services which have not been authorized by the patient or his/her representative
• Willfully harassing, abusing, or intimidating a patient, either physically or verbally
• Altering or falsifying medical records in such a way that needed information for patient care is omitted or falsified

The Office of Professional Medical Conduct (OPMC) of the New York State Department of Health investigates professional misconduct by physicians.

The Office of Professional Discipline (OPD) of the New York State Education Department investigates professional misconduct by dentists.

While anyone may report possible professional misconduct by physicians or dentists to the appropriate New York State Office, Public Health Law requires that physicians report suspected cases of misconduct.  Reporting to the hospital’s peer review mechanism or reporting directly to the OPMC will satisfy this obligation. 

A resident who is concerned about professional misconduct on the part of another health care provider, or anyone with concerns about professional misconduct on the part of a resident, is encouraged to report the concerns to the Department Chair or the Chief Medical Officer of SMH (Raymond Mayewski, M.D.). The Office of Counsel of the Medical Center will work with the department chair or Chief Medical Officer to investigate the concern.

If it is determined that misconduct has occurred on the part of a medical resident as described above, the ADGME will report such misconduct to the OPMC.   In addition, the ADGME will report to the OPMC or the OPD, as appropriate, if any of the following occur:

1. The suspension, restriction, termination or curtailment of the training employment, association or professional privileges related in any way to:

• Alleged mental or physical impairment
• Incompetence
• Malpractice
• Misconduct
• Impairment of patient welfare

1. The denial of certification of completion of training for reasons related to those listed in 1.
2. The voluntary or involuntary resignation or withdrawal of association, or of privileges, to avoid the imposition of disciplinary measures.
3. The receipt of information that indicates a resident has been convicted of a crime.

If termination of a resident has been made on the basis of professional misconduct, the required probationary period of three months will be waived and termination shall be immediate. 

Approved by GMEC 3/1/99

Updated by GMEC 2/12/01