AMC/NOMA Board Responds to OSMB Rules

In recent months, the Academy of Medicine Cleveland/Northern Ohio Medical Association (AMC/NOMA) received notification from the State Medical Board (SMB) that the Board is considering rules to address sexual misconduct by physicians and to clarify the procedures for terminating a patient-physician relationship. The Board has just begun the rule promulgation process and the AMC/NOMA, along with other organizations has been asked to comment on the content of the rules. Our first letter dated March 3 deconstructed much of the verbiage contained in the proposal, including such items as “key third party” vs. “patient,” imprecise terms such as a 36-month termination rule and the use of the term “exploitation” in reference to patients, as well as the narrow definitions of termination rules time lines. More substantive were the questions regarding why in fact the OSMB needed to implement sexual misconduct rules over the suggestion of simply adopting AMA Ethical Opinions 8.14 and 8.145—which wholly address the issue and have the force of law in Ohio. “It is our opinion that this entire rule reads like a criminal law statute—which we believe is a marked departure from traditional ethical norms” the letter summarized.

With regard to the termination of the patient/physician relationship rules, the AMC/NOMA asked the Board why there was even a perceived need to place this into a rule that has a force of law. It would seem that the AMA Opinion on this matter should be sufficient. The termination rules clearly would create a situation where a physician could be responsible for the care of a patient for up to 30 days after terminating their care. The AMC/NOMA has asked that the OSMB consider putting the rules into an OSMB position statement rather than a rule that has the force of law. The OSMB will continue to request comments on these rules as the process moves forward. The AMC/NOMA plans to continue to submit comments on these rules over the next several months. Members interested in more detailed information on these actions may call Ms. Elayne Biddlestone at 216.520.1000 or send an email at ebiddlestone@amcnoma.org.