Question:

We now employ quite a few physicians.  With so many physicians, we cannot customize each employment agreement, but we want them to be aware of the conduct that we expect of each of our employed physicians.  Do you have any suggestions?

Answer:

Yes we do.  But first, an employer must begin its analysis with the employment agreement.  We recommend that you review your current employment agreements to make sure that they require each employed physician to comply with the employer’s policies.  Most do and, if not, this term should be included in all physician employment agreements.

Then we recommend that the employer adopt a Professionalism Policy that states that communication, collegiality and collaboration are essential for the provision of safe and competent care and that all employed physicians must treat anyone with whom they interact with respect, courtesy and dignity.  The Professionalism Policy should then provide examples of inappropriate conduct ranging from abusive or demeaning behavior or comments, to sexual harassment.

This policy is separate and apart from any Medical Staff policy.  The employer’s Professionalism Policy should be adopted and administered by the Physician Group.  The policy should be discussed with the physicians prior to its adoption and then, after adoption, made available on the employer’s intranet.  This process will provide the employed physicians clear notice as to the type of behavior that the employer expects of its employed physicians and the behavior that will not be tolerated.

The policy should then describe the collegial process that the employer will follow to address instances where the conduct of an employed physician fails to comply with the policy.  We have found that between the notice of what is expected and a physician-driven, collegial process, most instances of unacceptable behavior will be either avoided or corrected in an expeditious manner.  However, the policy should also make it clear that violating the policy, or not responding to the Group’s collegial efforts, will be grounds for termination of employment.  That said, just as we have found in the medical staff context, clear policies that are physician-centered and enforced in a reasonable manner will minimize the instances where an employer has to take the drastic step of terminating a physician’s employment.

Need guidance employing physicians? Join HortySpringer attorneys Henry Casale, Rachel Remaley & Charlie Chulack for the Institute on Employed Physicians and Their Impact on the Medical Staff.