QUESTION:
Do you have any recommendations for the appointment of members to and composition of an Ethics Committee?
ANSWER FROM HORTYSPRINGER ATTORNEY CHARLES CHULACK:
When it comes to appointment of members, you should follow whatever your policies require. If the Ethics Committee is a Medical Staff committee, it’s not uncommon for the Bylaws to instruct that non-ex officio members of such committees will be appointed by the Chief of Staff, in consultation with the Chief Medical Officer. Sometimes, the Bylaws give the Medical Executive Committee the authority to appoint members to Medical Staff committees. Nonetheless, the process described in your Bylaws for appointment of members should be followed. If the Ethics Committee is designated as a hospital committee (which they often are), hospital administration would appoint any non-ex officio members but any of those positions that are for Medical Staff members would, again, be appointed according to the process described in your Bylaws which often isn’t different from the process for appointment of members to Medical Staff Committees (e.g., by the Chief of Staff, in consultation with the Chief Medical Officer).
Regarding the backgrounds of the individuals who should serve on Ethics Committees, Medical Staffs and hospitals often have a general statement such as this: “The Ethics Committee shall consist of at least three members of the Medical Staff. In addition, the Chief Executive Officer shall appoint the following representatives: three nurses, one or more members of the clergy practicing within the service area of the Hospital, and one or more lay members not employed by or affiliated in any capacity with the Hospital. The Chief Nursing Officer, hospital chaplain, social worker, and legal counsel, and a resident from the family practice group, shall also serve on the committee.” You could also give preference to individuals who have an interest or past training in bioethics or who are certified by, for example, the American Society for Bioethics and Humanities.
If you have a quick question about this, e-mail us at info@hortyspringer.com.