150.955 Employed Physician Bill of Rights
The Medical Society of the State of New York affirms the following as essential rights for physicians employed by a hospital or health care system or a member of a medical staff of a hospital or health care system:
Physicians employed by a Health Care organization (HCO) or a member of a medical staff of an HCO have the right to:
- Participate in the governance of the HCO,
- Participate in the operational and strategic planning of the HCO,
- Negotiate the conditions of employment,
- Negotiate the standards for quality, safety, privileging, peer review, and professional conduct,
- Establish medical staff by-laws and be able to select and remove medical staff leaders,
- Control the use of medical staff funds,
- Availability of independent legal counsel,
- Advocate for physicians and patients with any and all authorities without fear of retaliation from the HCO,
- Availability of adequate resources to provide for and improve patient care,
- Make treatment decisions, including referrals, based on the best interest of the patient, subject to review only by physician peers,
- Full due process before either the medical staff or the HCO takes any adverse action against a physician, and
- Full protection from any retaliatory action when participating in good faith peer review activities. (MSSNY Council March 11, 2024)
The Medical Society of the State of New York advocate that the organized medical staff of a hospital or health system maintain a meaningful role in any decision-making structure within such hospital or health system tasked with the evaluation of alleged behavioral or disciplinary issues of a physician who is part of the medical staff. (Reaffirmed and amended 2024 HOD – 51)
