ARTICLE IV. MEDICAL STAFF MEMBERSHIP

Section 1. Nature of Membership

1.  Membership on the Medical Staff of the Hospital is a privilege and shall be determined on an individual basis in accordance with the education, training, experience, professional competence, and ethical conduct of an applicant for membership.

2. Only those practitioners who meet the qualifications, standards, and requirements set forth in these Bylaws may be granted membership on the Medical Staff.

Section 2. Qualifications for Membership

1. To be qualified for membership on the Medical Staff of the Hospital, a health care practitioner shall demonstrate the following:

   1. professional education, training, experience and qualifications;

   2. current professional competence and ethical conduct;

   3. ability to work cooperatively with members of the Medical Staff and Hospital personnel;

   4. availability to treat Hospital patients;

   5. physical and mental fitness to perform requested privileges; and

   6. assurance to the Medical Staff and the Hospital that all patients treated in the Hospital will be given appropriate medical care.

2. No practitioner shall be entitled to membership on the Medical Staff and clinical privileges based solely on the fact that:

   1. he or she is licensed, certified, or registered to practice in the District of Columbia or any other state;

   2. he or she is a member of any professional organization; or

   3. he or she has, or has had, staff membership on another hospital.

3. No practitioner who is otherwise qualified shall be denied membership on the Medical Staff because of race, color, creed, national origin, religion, sex, disability, marital status, age, or any other impermissible criteria according to Federal or local statutes or regulations.

The following are not valid factors for consideration in the determination of qualifications for membership on the Medical Staff or clinical privileges:

1. An applicant's membership or lack of membership in a professional society or association;

2. An applicant's decision to advertise, lower fees, or engage in other competitive acts intended to solicit business;

3. An applicant's participation in prepaid group health plans, salaried employment, or any other manner of delivering health services;

4. An applicant's support for, training of, or participation in a private group practice, with members of a particular class of health professional; and

5. An applicant's practices with respect to testify in malpractice suits, disciplinary actions, or other type of proceeding.

4. No person in any full-time training program, including but not limited to, an internship, residency or fellowship program, shall be eligible to be a Member of the Medical Staff.

Section 3. Obligations and Conditions of Membership

1. As a condition of membership on the Medical Staff, applicants and members must agree to the following:

   1. Obtain and provide evidence of professional liability insurance coverage in accordance with the Rules and Regulations of Medical Staff;

   2. Attest to and provide documentation, at the time of appointment and reappointment, that they do not have any physical or mental impairments, including drug or alcohol use, that could jeopardize the ability to provide quality patient care; and that if such impairment exists or develops at any time, they will notify the Medical Director immediately;

   3. Maintain current Federal DEA license and District of Columbia registrations to dispense controlled substances, if applicable;

   4. Comply with all applicable laws, regulations and professional codes of ethics, including by not limited to, all federal and local health care compliance laws and regulations;

   5. Notify the Medical Director upon the occurrence of

      1. the initiation of any proceeding, investigation, formal complaint or charge concerning their Drug Enforcement Administration or District of Columbia Controlled Substance Certificate of Licensure or Registration,

      2. any written notification of any investigation, pending action, or action initiated by any hospital or other health profession and provide complete information concerning such action;

      3. any malpractice suit filed against the member;

      4. any limitations or terminations of their professional liability insurance coverage;

      5. to the best of their knowledge, any reports concerning the member made to the National Practioner Data Bank;

      6. any written notice received by the member from any physician review organization concerning reasonableness, medical necessity, appropriateness, or quality or services;

      7. any written notice received by a third party payor suspending or terminating a member from participation in its plan and a statement of reasons for such notice; or

      8. exclusion from any federal health care program.

2. If any applicant or member of the Medical Staff fails to fullfill these obligations, the Rules and Regulations of the Medical Staff, or the rules and regulations of a clinical department, such failure will be grounds of Professional Review Action, as set forth in Article XI, or denial of appointment or reappointment pursuant to the procedures set forth in the Bylaws.

Section 4. Ethics and Ethical Relationships

The principal objective of the Medical Staff is to render patient care service with full respect for the dignity of the individual. The Medical Staff shall earn the confidence of patients entrusted to their care, and render to each a full measure of service and devotion.

1. The Medical Staff shall strive continually to improve their knowledge and skills, and shall make available to their patients and colleagues the benefit of their professional expertise.

2. The Medical Staff shall observe all laws, uphold the dignity and honor of their profession, and accept the self-imposed discipline of a health care practitioner.

3. A Medical Staff member shall not discriminate in the delivery of health care based on the patient's race, religion, sex, marital status, creed, color, national or ethnic origin, sexual orientation or disability, pursuant to Federal and local statutory and regulatory requirements.

4. Once a Medical Staff member has undertaken the care of a patient, such care may be discontinued only when the patient has been discharged or notified that continuation of health care services will be rendered by another physician or by an appropriate Medical Staff member.

5. A Medical Staff member shall exercise his or her independent professional judgment in the care and treatment of patients.

6. In the practice of their professions, Medical Staff members shall accept fees for services only for health services actually rendered by them or under their supervision, to their patients. They shall neither pay nor receive a commission for referral of patients. Drugs, remedies or appliances may be dispensed or supplied by practitioners if it is in the interest of the patient to do so and pursuant to Hospital policies and applicable regulatory standards.

7. Based upon his or her independent medical  judgment, a Medical Staff member shall seek consultation when medically indicated.

8. A Medical Staff member may not reveal information imparted in confidence. unless permitted or required to do so by law.

9. The honored ideals of the health care professions imply that the responsibilities of the practitioners extend not only to the patient, but also to the community where these responsibilities are met with the interest and participation in activities which have the purpose of improving both the health and the well-being of the patient and the community.

Section 5. Duration of Membership

1. Provisional Appointments

   1. Initial appointments to the Faculty Attending, Courtesy Attending, Affiliate and Consultant Staffs shall be provisional for a period of one (1) year. Members who have a provisional appointment are granted only the rights of the category to which they have been designated.

   2. A provisional appointee may submit an application for reappointment to the Office of the Medical Staff in the same manner as set forth in Article X, Section 3.

   3. If a member of the Medical Staff fails to be granted reappointment in the manner set forth in Article X, Section 3, of these Bylaws, such failure shall be deemed adverse action and entitles the member to a Fair Hearing pursuant to Article XIII.

2. Reappointments

   Reappointment to the Faculty Attending, Courtesy Attending, Affiliate and Consultant Staffs shall be for a period of not more than two (2) years.

3. Resignation

Members who wish to resign voluntarily from the Medical Staff shall submit to the Department Chair of Division Chief, a written statement stating the reason for the resignation and the effective date of resignation, and provide a copy of such statement to the Medical Staff Office.