250.998           Due Process for Physicians Accused by Hospitals of Professional Misconduct

250.998           Due Process for Physicians Accused by Hospitals of Professional Misconduct: 

Any committee of a hospital that is duly constituted by the hospital to review matters involving professional misconduct should provide a physician who is accused of misconduct with notice of the charges, an opportunity to be heard, and any other safeguards that may be provided by the Bylaws.  The committee is required to report to the Board of Professional Medical Conduct only if it has information which reasonably shows that the physician is guilty of professional misconduct as defined by section 6530 of the Education Law.  (Joint MSSNY/HANYS Position Approved by Council 11/14/85; Modified and reaffirmed HOD 2013; Reaffirmed HOD 2023)

NB:         Professional misconduct applicable to physicians is defined by Article 131-A of the Education Law.  The firm which acts as General Counsel to the Medical Society of the State of New York should be consulted for specific information on any aspect of the definitions.