QUESTION:
We just found out that a member of our Medical Staff was arrested and charged with domestic battery, assault, terroristic threats, and unlawful possession of a firearm.  The charges were brought by the physician’s now ex-girlfriend.  Pictures of the girlfriend are floating around, and they were pretty bad.  The physician swears it was all in self-defense and that his girlfriend “lost her mind” when he tried to break up with her.  What do we do?

ANSWER FROM HORTYSPRINGER ATTORNEY SUSAN LAPENTA:
Ideally, your Bylaws, or Credentials Policy, include language which allows you to trigger an administrative relinquishment in a situation like this.  Specifically, we recommend the Bylaws provide:  “The occurrence of specific criminal actions, including an arrest, charge, indictment, conviction, plea of guilty or plea of no contest, pertaining to any felony or any misdemeanor involving…a violent act will result in an automatic relinquishment of appointment and clinical privileges.”

This languages allows you to effectively address the situation without imposing a suspension, triggering an investigation, or making a recommendation for an adverse professional review action.  If the charges are dropped, the physician can seek reinstatement from the relinquishment.

The automatic relinquishment language works so well that we recommend including it in the Bylaws, or Credentials Policy, to address other sticky situations including:  (1) failure to complete medical records; (2) failure to satisfy threshold eligibility criteria; (3) failure to provide requested information; (4) failure to attend a mandatory meeting; (5) failure to complete or comply with training or educational requirements; and (6) failure to comply with a request for fitness for practice evaluation.

If you don’t have language in your Bylaws Documents that would allow you to trigger an automatic relinquishment, you may try to get the physician to take a leave of absence, or to voluntarily agree to refrain from practicing while the criminal matter is playing out in the courts.  In situations like this, the physician is often focused on the criminal charges and may be willing to resolve the medical staff issue in a nonconfrontational way.

If this doesn’t work, you may have to consider disciplinary action, including a precautionary suspension, investigation, recommendation to revoke appointment and privileges, and a hearing and appeal.  This course of action may be needed not only to protect patients and staff, but also to protect the reputation of the hospital and the medical staff.

It is extremely unlikely that the physician’s criminal defense counsel would allow the physician to participate in these processes.  However, it is important that you adhere to your Bylaws Documents and offer all the process the Bylaws promise.

If you have a quick question about this, e-mail Susan Lapenta at SLapenta@hortyspringer.com.