Contents
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CODE
- I. General Responsibilities
- II. Responsibilities to the Physicians and Other Licensed Healthcare Prescribers
- III. Responsibilities to the Patient
- IV. Responsibilities to Colleagues and the Profession
- V. Application of the Code
- VI. Patient Care by Other Healthcare Professionals
- VII. Credential
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RULES
- I. Responsibility and Objectives of the Professional Ethics Committee
- II. Nature of Authority
- III. ABC Credential Holders Convicted or Charged with a Felony or Disciplined by Other Entities, Organizations or Agencies
- IV. Disciplinary Procedures — Initial Consideration
- V. Disciplinary Procedures — Initial Action
- VI. Disciplinary Procedures — Disposition of Complaint
- VII. Board Decisions
- VIII. Close of Case
- IX. Request for Reinstatement of Credential
- X. Governing Law/Venue
- Supplements
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The Code of Professional Responsibility and Rules & Procedures
June 2023
III. ABC Credential Holders Convicted or Charged with a Felony or Disciplined by Other Entities, Organizations or Agencies
R3.1 — Conviction/Charge
If the ABC Credential Holder has been convicted of, pled guilty or pled nolo contendere, to a felony, or if the Committee finds that an Agency, including without limitation, the Office of Inspector General and Centers for Medicare/Medicaid Services or its contractors, has determined that the ABC Credential Holder is in violation of its rules and/or regulations, the Committee shall review the record leading to the conviction, plea and/or Agency findings and will thereafter send the ABC Credential Holder notice requesting the ABC Credential Holder show good cause why he/she/it is not in violation of the Code.
This action will be conducted without a right to have a hearing. Following receipt of the ABC Credential Holder’s written response, the Committee may proceed with a final determination in accordance with Rules R2.3 and R6.1. If the ABC Credential Holder has been charged with a felony or possible violation of an Agency rule or regulation, such charge will neither require nor preclude further action by the Committee.
Notwithstanding the above, if an ABC Credential Holder is charged with a felony, or is the subject of a law enforcement investigation regarding a possible felony, when in the interest of public protection, as determined by the Committee in its sole discretion, the Committee may indefinitely suspend the ABC Credential Holder’s credential pending the Committee’s final decision regarding the ABC Credential Holder’s possible Code violation and, in such event, the Committee shall send the ABC Credential Holder written notice that his/her/its credential has been indefinitely suspended pending the Committee’s final decision regarding the ABC Credential Holder’s possible Code violation.
R3.2 — Affiliations
If the ABC Credential Holder has been expelled or suspended for unethical or unprofessional conduct from a national, regional or state professional association, or had his/her/its license or credential revoked or sanctioned in any way on ethical grounds by an Agency or state licensing or certifying authority, the Committee shall review the records leading to the sanction(s), if available, and may, in its sole discretion and if appropriate suspend or revoke his/her/its credentials without further proceedings and, in such event, the Committee shall, send the ABC Credential Holder written notice that his/her/its credential is suspended or revoked.
R3.3 — Professional Negligence
If the ABC Credential Holder has acknowledged committing or has been found by a court of law or Agency to have committed professional negligence, the Committee shall review the record leading to the findings, if available, and, if appropriate, may in its sole discretion, thereafter sanction the ABC Credential Holder, without further proceedings and, in such event, the Committee shall send the ABC Credential Holder written notice that his/her/its credential is sanctioned.
