Our office recently attended an Administrative Warning, before the New York State Board for Professional Medical Conduct, (OPMC).
Under the NYS Public Health Law §230, a “warning” is issued if the director of the office of professional medical conduct, after obtaining the concurrence of a majority of a committee on professional conduct, and after consultation with the executive secretary, determines that there is substantial evidence of professional misconduct of a minor or technical nature or of substandard medical practice which does not constitute professional misconduct.
Administrative warnings are confidential and shall not constitute an adjudication of guilt or be used as evidence that the licensee is guilty of the alleged misconduct
In this instance, the basis of the warning related to a physician’s treatment and prescribing to a family member.
During the Administrative Warning, OPMC stated that although New York does not have a statute or rule in place addressing the appropriateness of a physician’s treatment of a family member, AMA’s Code of Ethics, (§1.1.2 Treating Self or Family), was referenced as a “possible” guideline.
Under the AMA guidelines, “in general, physicians should not treat themselves or members of their own families,” however, it may be acceptable in “limited circumstances.”
The AMA Guidelines list the “limited circumstances” as follows:
(a) In emergency settings or isolated settings where there is no other qualified physician available. In such situations, physicians should not hesitate to treat themselves or family members until another physician becomes available.
(b) For short-term, minor problems. When treating self or family members, physicians have a further responsibility to:
(c) Document treatment or care provided and convey relevant information to the patient’s primary care physician.
(d) Recognize that if tensions develop in the professional relationship with a family member, perhaps as a result of a negative medical outcome, such difficulties may be carried over into the family member’s personal relationship with the physician.
(e) Avoid providing sensitive or intimate care especially for a minor patient who is uncomfortable being treated by a family member.
(f) Recognize that family members may be reluctant to state their preference for another physician or decline a recommendation for fear of offending the physician.
Again, to be noted, the above would not fully insulate a physician under New York State Law however – if one were to follow the above, -documenting at every stage- the adherence to the above protocols would be taken into account upon a prospective review.
Respectfully submitted.
Schaum Law