Bylaws
Bylaws
ARTICLE II - MEMBERSHIP
No
physician, dentist or podiatrist including those in a medical administrative
position by virtue of a contract with the hospital, shall admit or provide
medical or health-related services to patients in the hospital unless the
physician is a member of the medical staff or has been granted temporary
privileges in accordance with the procedures set forth in these bylaws.
Appointment to the medical staff shall confer only such privileges and
prerogatives as have been granted in accordance with these bylaws.
2.2
QUALIFICATIONS
FOR MEMBERSHIP
2.2-1
GENERAL QUALIFICATIONS
Only
physicians, dentists or podiatrists who:
(a)
document
their (1) current licensure, (2) adequate experience, education and training,
(3) current professional competence, (4) good judgment, and (5) adequate
physical and mental health status, so as to demonstrate to the satisfaction of
the medical staff that they are professionally and ethically competent and that
patients treated by them can reasonably expect to receive quality medical care;
(b)
are
determined (1) to adhere to the ethics of their respective professions, (2) to
be able to work cooperatively with others so as not to adversely affect patient
care, (3) to keep as confidential, as required by laws, all information or
records received in the physician-patient relationship, and (4) to be willing to
participate in and properly discharge those responsibilities determined by the
medical staff;
(c)
maintain in
force professional liability insurance in not less than the minimum amounts, if
any, as from time to time may be jointly determined by the Board of Directors
and Medical Executive Committee. The Medical Executive Committee, for good cause
shown and with concurrence of the Board of Directors may waive this requirement
with regard to such member as long as such waiver is not granted or withheld on
an arbitrary, discriminatory or capricious basis. In determining whether an
individual exception is appropriate, the following facts may be considered:
(1)
Whether the
member has applied for the requisite insurance;
(2)
Whether the
member has been refused insurance, and if so, the reasons for such refusal; and
(3)
Whether
insurance is reasonably available to the member, and if not, the reasons for its
unavailability.
(4)
Professional
liability insurance must either be with an insurance carrier admitted to market
insurance in the State of California, or the physician shall be and remain a
member of a physician's cooperative as defined in the California Insurance Code.
(d)
shall be
deemed to possess basic qualifications for membership in the medical staff,
except for the emeritus staff categories in which case these criteria shall only
apply as deemed individually applicable by the medical staff.
2.2-2
PARTICULAR QUALIFICATIONS
(a)
Physicians. An
applicant for physician membership in the medical staff, except for the emeritus
staff, must hold an MD or DO degree or their equivalent and a valid and
unsuspended certificate to practice medicine issued by the Medical Board of
California or the Board of Osteopathic Examiners of the State of California. For
the purpose of this section, "or their equivalent" shall mean any
degree (i.e., foreign) recognized by the licensing boards in the State of
California to practice medicine.
(b)
Limited
License Practitioners.
(1)
Dentists. An applicant for dental membership in the medical
staff, except for the emeritus staff, must hold a DDS or equivalent degree and a
valid and unsuspended certificate to practice dentistry issued by the Board of
Dental Examiners of California.
(2)
Podiatrists. An applicant for podiatric membership on the
medical staff, except for the emeritus staff, must hold a DPM degree and a valid
and unsuspended certificate to practice podiatry issued by the Medical Board of
California.
2.3
EFFECT
OF OTHER AFFILIATIONS
No
person shall be entitled to membership in the medical staff merely because that
person holds a certain degree, is licensed to practice in this or in any other
state, is a member of any professional organization, is certified by any
clinical board, or because such person had, or presently has, staff membership
or privileges at another health care facility. Medical staff membership or
privileges shall not be conditioned or determined on the basis of an
individual's participation or non-participation in contracts with a third party
which contracts with this hospital.
No
aspect of medical staff membership or particular privileges shall be denied on
the basis of sex, race, age, creed, color, national origin, or physical or
mental impairment that does not pose a threat to the quality of patient care.
2.5
BASIC
RESPONSIBILITIES OF MEDICAL STAFF MEMBERSHIP
Except
for the emeritus staff, the ongoing responsibilities of each member of the
medical staff include:
(a)
providing
patients with the quality of care meeting the professional standards of the
medical staff of this hospital;
(b)
abiding by
the medical staff bylaws and medical staff rules and regulations;
(c)
discharging
in a responsible and cooperative manner such reasonable responsibilities and
assignments imposed upon the member by virtue of medical staff membership,
including committee assignments such as peer review;
(d)
preparing
and completing in timely fashion medical records for all the patients to whom
the member provides care in the hospital;
(e)
abiding by
the lawful ethical principles of the California Medical Association or member's
professional association;
(f)
aiding in
any medical staff approved educational programs for medical students, interns,
resident physicians, resident dentists, staff physicians and dentists, nurses
and other personnel;
(g)
working
cooperatively with members, nurses, hospital administration and others so as not
to adversely affect patient care;
(h)
making
appropriate arrangements for coverage of that member's patients as determined by
the medical staff;
(i)
refusing to
engage in improper inducements for patient referral;
(j)
Participating
in continuing education programs as determined by the medical staff;
(k)
participating
in such emergency service coverage or consultation panels as may be determined
by the medical staff;
(l)
discharging
such other staff obligations as may be lawfully established from time to time by
the medical staff or Medical Executive Committee; and
(m)
providing
information to and/or testifying on behalf of the medical staff or an accused
practitioner regarding any matter under an investigation pursuant to paragraph
6.1-3, and those which are the subject of a hearing pursuant to Article VII.
Harassment
by a medical staff member against any individual (e.g., against another medical
staff member, house staff, hospital employee or patient) on the basis of race,
religion, color, national origin, ancestry, physical disability, mental
disability, medical disability, marital status, sex, gender or sexual
orientation shall not be tolerated.
"Sexual
harassment" is unwelcome verbal or physical conduct of a sexual nature
which may include verbal harassment (such as epithets, derogatory comments or
slurs), physical harassment (such as unwelcome touching, assault, or
interference with movement or work), and visual harassment (such as the display
of derogatory cartoons, drawings, or posters).
Sexual
harassment includes unwelcome advances, requests for sexual favors, and any
other verbal, visual, or physical conduct of a sexual nature when (1) submission
to or rejection of this conduct by an individual is used as a factor in
decisions affecting hiring, evaluation, retention, promotion, or other aspects
of employment; or (2) this conduct substantially interferes with the
individual's employment or creates an intimidating, hostile, or offensive work
environment. Sexual harassment also includes conduct, which indicates that
employment, and/or employment benefits are conditioned upon acquiescence in
sexual activities.
All allegations of harassment as herein defined shall be immediately investigated by the medical staff and the hospital. Harassment shall consist of any activity that creates a hostile work environment. If confirmed, the medical staff will institute appropriate corrective action, from reprimands up to and including termination of medical staff privileges or membership, if warranted by the facts.