237.994           Discrimination Against Physicians Using Medication Assisted Treatment

The Medical Society of the State of New York (MSSNY) affirms that no physician or medical student should be presumed to be impaired by substance or illness solely because they are diagnosed with a substance use disorder.  MSSNY affirms that no physician or medical student should be presumed impaired because they and their treating physician have chosen medication for opioid use disorder (MOUD) to address the substance use disorder, including methadone and buprenorphine.

MSSNY strongly encourages the leadership of physician health and wellness programs, state medical boards, hospital and health system credentialing bodies, and employers to help end stigma and discrimination against physicians and medical students with substance use disorders and allow and encourage the usage of MOUD, including methadone or buprenorphine, when clinically appropriate and as determined by the physician or medical student (as patient) and their treating physician, without penalty (such as restriction of privileges, licensure, ability to prescribe medications or other treatments, or other limits on their ability to practice medicine), solely because the physician’s or medical student’s treatment plan includes MOUD.

MSSNY will submit this resolution to the AMA HOD for discussion at AMA meeting in June 2021, asking the AMA to survey physician health programs and state medical boards about whether they allow participants/licensees to use MOUD without punishment, or exclusion from practicing medicine or having to face other adverse consequences and to report back. (HOD 2020-159, referred to Council, substitute resolution adopted 4/15/21)