270.000 RIGHTS AND RESPONSIBILITIES OF PHYSICIANS

270.952           A Health Misinformation Pandemic

MSSNY will advocate that the AMA lead or join with other health organizations in coordinating a national and/or global approach for the mitigation of the harmful impact of promoting information contrary to evidence-based medicine. MSSNY supports AMA Policy D-440.914, Addressing Public Health Disinformation Disseminated by Health Professionals.  (HOD 2022-208)

270.953           Coverage for Personal Protective Equipment

MSSNY will continue to advocate for legislation, regulation, or other appropriate regulatory intervention to ensure that health insurers help their network physicians cover the costs of personal Protective Equipment necessary for providing patient care.  (HOD 2022-259)

270.954           Non-Physician Doctor

The Medical Society of the State of New York will seek legislation and/or regulation prohibiting nurses and others with doctorate degrees, other than in medicine (MD, DO), from using the titled “doctor” in their name or when referring to themselves.  (HOD 2020-113)

270.955           Truth in Advertising

MSSNY will seek legislation in New York State that would require anyone being addressed or introduced as “Doctor” in a clinical setting clarify their credentials; i.e., Doctor of Medicine, Doctor of Nurse Practice, etc.  (HOD 2020-216)

270.956           Hostile Environment/Abuse Against Physicians

The Medical Society of the State of New York will set up a committee to explore recommendations to address the problem of abuse of health care workers by patients and/or family and will support efforts to study the topic of patient/family abuse of health care workers.  (HOD 2020-209) 

270.957           Addressing Inflammatory and Untruthful Online Ratings

Through its publications and online media, the Medical Society of the State of New York will broadly publicize the existence of the petition installed on change.org which addresses the question of physician response to online rating of non-verifiable content and will call upon all physicians in New York State to sign this petition.  MSSNY will ask AMA to urge online review organizations to create internal mechanisms which would provide physicians due process before publication of negative reviews.  (HOD 2020-212)

270.958           Personal Protective Equipment Preparedness and Purchase

The Medical Society of the State of New York will work with the Department of Financial Services to promote the availability of its current Consumer Services Bureau and Prompt Payment Hotline (1-800-358-9260) so that physicians have a greater awareness of its existence as well as its key staff who are charged with investigating health plan violations of existing provider protections currently in law.Further, the Medical Society of the State of New York will work to assure the imposition of meaningful penalties on health insurance companies which violate provider protections currently in law. (HOD 2012-53; Reaffirmed HOD 2022-259)

270.959       Protecting Physicians Freedom of Speech Regarding Firearm Safety

The Medical Society of the State of New York (MSSNY) affirms and will advocate for the ability of physicians to have confidential discussions that a patient and physician believe are pertinent to the patient’s health, and further, that the patient-physician relationship is paramount to the profession of medicine and shall not be abridged.  (HOD 2019-165)  

270.960           Physician Competency and Age Discrimination

The MSSNY will seek guidance from legal counsel toward formulating policy on age-related issues, physician competence, and patient safety.  (HOD 2019-221) 

270.961           The Term Physician

The Medical Society of the State of New York will seek passage of state regulation and/or legislation mandating that the term physician be limited to those people trained in accordance with ACGME guidelines and have an MD, DO or a recognized equivalent physician degree and that the term not be used by any other organization or person involved in or representing a group that provides patient care by allied health professionals.

The Medical Society of the State of New York will send a resolution to the AMA seeking the passage of federal regulation and/or legislation that mandates that the term physician be limited to those people trained in accordance with ACGME guidelines and have an MD, DO or a recognized equivalent physician degree and that the term not be used by any other organization or person involved in healthcare.  (HOD 2019-215) 

270.962           Eliminate the Word “Provider” from Healthcare Contracts

The Medical Society of the State of New York will seek legislation to ensure that all references to physicians in government and insurance contracts, agreements, published descriptions, and printed articles eliminate the word “provider” and substitute the accurate and proper term “physician.”  This resolution is to be forwarded to all health insurers and state, local, and federal agencies to urge their compliance.  (HOD 2019-260) 

270.963           Clarification from US Department of Justice Regarding Federal Enforcement of Medical Marijuana Laws.

The Medical Society of the State of New York will urge the American Medical Association to seek clarification from the United States Justice Department about possible federal prosecution of physicians who participate in a state operated marijuana program for medical use and provide guidance to physicians based on this clarification. (HOD 2018-161)  

270.964       Truth in Advertising with Regard to the Title “Doctor”

The Medical Society of the State of New York will continue to work with the federation of medicine and the AMA to seek legislation or regulation to ensure that any advertisement for a health care provider specify the degree held by such health care provider.  (HOD 2017-56) 

270.965        Promote Legislation to Ensure Confidentiality of Peer Support

The Medical Society of the state of New York affirms as policy the confidentiality of peer support excluding reporting requirements which exist under current law.  (HOD 2017-101)

270.966        Immunity from Federal Prosecution for Marijuana-Prescribing Physicians

The Medical Society of the State of New York will ask the American Medical Association to support legislation ensuring or providing immunity against federal prosecution for physicians who prescribe marijuana in accordance with their state laws.  (HOD 2015-164) 

270.967        Filming Patients for News or Entertainment

The Medical Society of the State of New York affirms as policy that efforts to disguise a patient (such as blurring the face, changing the voice, or any other technique) do not substitute for the need to obtain consent from a legally authorized person prior to publication of any material related to the treatment of a patient.

MSSNY will bring a resolution to the 2015 Annual meeting of the AMA House of Delegates which states that efforts to disguise a patient (such as blurring the face, changing the voice, or any other technique) do not substitute for the need to obtain consent for publication of any material related to the treatment of a patient as outlined in AMA Policy E-5.045.  (HOD 2015-116)

270.968        Irresponsible Medical Reporting in the Media

MSSNY will encourage major media outlets to report on medical issues in a manner that is responsible and will make the media aware that the society is a potential source of expertise on issues relating to clinical practice. (HOD 2015-207)

270.969        Physician Liability and Patient Protection under the False Claims Act

The Medical Society of the State of New York together with the AMA will advocate for changes to the False Claims Act to ensure that physician liability under the False Claims Act is limited to those instances where the practitioner had actual knowledge that a claim presented is false and that this resolution be forwarded to the American Medical Association for consideration at its next Annual meeting. (HOD 2014-52; Reaffirmed HOD 2024)

270.970        Internet Review of Physicians

The Medical Society of the State of New York (MSSNY) will ask the American Medical Association (AMA) to seek federal legislation and/or regulation which would amend internet privacy laws so that websites hosting reviews of physicians will be required to: obtain the name of the person posting the review; keep this information on file; and inform the posting party that a physician requesting this information from the website host must be provided with the name of the person writing the review; and websites hosting reviews of physicians be required to post a warning against libelous and other legally inappropriate statements.  (HOD 2014-206; Reaffirmed HOD 2024)

270.971          Limiting Liability for Test Results

The Medical Society of the State of New York will advocate to ensure that there is no legal duty for physicians to report test results to a patient if the physician did not order the test and if such physician was not involved in that patient’s episode of care which prompted the ordering of such tests.

MSSNY will educate member physicians about the efforts of the Monroe County Medical Society to establish Community Principles for Follow-up on Outpatient Diagnostic Testing, Laboratory and Imaging Studies so that physicians in different regions of the State may consider undertaking similar efforts in their communities. (HOD 2013-67, referred to, amended, adopted by Council 11/7/2013; Reaffirmed HOD 2023)

270.972           New York State Managed Care Reform Law Violations

The Medical Society of the State of New York will work with the Department of Financial Services to promote the availability of its current Consumer Services Bureau and Prompt Payment Hotline (1-800-358-9260) so that physicians have a greater awareness of its existence as well as its key staff who are charged with investigating health plan violations of existing provider protections currently in law.

Further, the Medical Society of the State of New York will work to assure the imposition of meaningful penalties on health insurance companies which violate provider protections currently in law. (HOD 2012-53; Reaffirmed HOD 2022)

270.973           MSSNY “Truth Squad”

MSSNY, working in conjunction and coordination with its communications department, should form a “Truth Squad” whose purpose is to act expeditiously in setting the record straight, publicly, forthrightly, and professionally, as it relates to any negative publicity, comments or statements which may be viewed as derogatory and/or, anti-physician.

MSSNY will forward a similar resolution to the AMA for implementation on a national level. (HOD 2012-210; Reaffirmed HOD 2022) (NB: AMA policy H-445.995 reaffirmed

270.974           Neutral Arbitration Process for Physician/Hospital Disputes

MSSNY will develop and identify resources that may assist physicians and their hospital medical staff to review, and where appropriate, to seek revisions or modifications to the medical staff bylaws in order to enhance the ability of the medical staff to organize and carry out its responsibility for the quality of care in the hospital as well as enhance due process protections to members of the medical staff. (HOD 2012-100; Reaffirmed HOD 2022)

270.975           Privacy of Physician Personal Information

MSSNY, working with the Healthcare Association of New York State (HANYS), the Greater New York Hospital Association (GNYHA) and the New York Health Plan Association, will seek solutions which would enable hospitals and health plans to fulfill their health code requirement while preserving the privacy of a physician’s personal medical records and maintaining compliance with ADA. (HOD 2012-104; Reaffirmed HOD 2022)

270.976           Protection of the Title, “Physician”

The Medical Society of the State of New York affirms its support of current New York State law protecting the title “physician” for the exclusive use of MDs and DOs, or their foreign equivalents (e.g. MBBS), and supports the imposition of penalties for those falsely asserting this title.  (HOD 2011-216; Amended and Reaffirmed HOD 2021)

270.977           Physician Respect:

MSSNY will: 1) continue its efforts to promote and publicize the positive aspects of the medical profession in any and all media possible within the parameters of its budget; 2) be responsive and have a process for handling negative statements that are made about the Profession; and 3) have a dedicated mode of communication to allow members to report abusive, negative and/or false attacks on the medical profession.  (HOD 2010-209; Amended and reaffirmed HOD 2020)

270.978           Cyberspace Evaluations of Physicians:  SUNSET HOD 2019

270.979           Right to Privately Contract:

MSSNY will:

urge the American Medical Association to continue to seek the enactment of federal legislation that ensures the fundamental right of physicians to privately contract with patients without penalty;

urge the American Medical Association to continue to seek the enactment of federal legislation to permit physicians to collectively negotiate with private sector and public sector health plans;

send a copy of this resolution to the American Medical Associations 2009 House of Delegates for its consideration.  (HOD 2009-74; Reaffirmed HOD 2019)

270.980           Physician Prescribing Information:

MSSNY will:

(1)        endorse the American Medical Association Prescribing Data Restriction Program (PDRP) and work with the AMA to disseminate information to physicians regarding their ability to ‘opt out’ of AMA programs which permit the sharing of physician prescribing information;

(2)        oppose legislative efforts to enable physicians to sell patient prescribing data provided, however, that this prohibition shall not preclude physician participation in programs created by recognized physician organizations, data mining companies and pharmaceutical manufacturers which are directed to: (a) the establishment of aggregated data bases including databases created for use in identifying and monitoring drug utilization trends; (b) to enable physicians to become more fully informed relative to their comparative prescribing patterns; and (c) to enhance the quality of their practices including their performance in ‘pay for performance’ programs; and

(3)        work to assure the continued use of physician prescribing data where all patient data have been de-identified prior to the collection and aggregation of this information.  (Council 3/5/07; Reaffirmed HOD 2017)

270.981           Pharmaceutical Companies Tracking Methods:

MSSNY seek legislation or regulation to prohibit the sale or distribution of physician specific prescribing information and inform its members of the AMA Prescribing Date Restriction Program which will permit physicians to limit who can obtain their prescribing information.  (HOD 2006-55; Reaffirmed HOD 2016).

270.982           Posting Physician License Numbers on the Internet:

MSSNY will seek legislation to prohibit the posting of physician license numbers on any New York State website.  (HOD 2002-82; Reaffirmed HOD 2013; Reaffirmed HOD 2023)

270.983           Safeguarding Identity:  SUNSET HOD 2013

270.984           Professionals Profiling Website:

MSSNY will seek legislation which would provide for the establishment of a consumer oriented website devoted to the disclosure and identification of any final disciplinary actions against licensed professionals, similar to that which currently exists for physicians.

The availability and content of this website should be widely publicized to the general public.  (HOD 2002-59; Reaffirmed HOD 2013; Reaffirmed HOD 2023)

270.985           Establishment of an Ad Hoc Committee to Explore the Concept of the Existence of an Employer/Employee Relationship between Independently Practicing Physicians and Managed Care Plans: SUNSET HOD 2013

270.986           Cost to Physicians to Implement Government Mandated Rul and Regulations:
                            Sunset HOD 2011

270.987           Letter to Hospital-Employed Physicians Regarding Collective Bargaining:
Sunset HOD 2011

270.988           Physicians for Responsible Negotiation: Sunset HOD 2011

270.989           Rapid Response Mechanism for Situations with the Media:

MSSNY will publicize to the members that mechanisms exist to:

1. rapidly identify media coverage which reflects negatively on the medical profession or a specific physician;
2. respond to stories in the media so as to refute negative publicity or unjustified or unsubstantiated allegations about a specific physician, regardless of how “local” they are in nature;
3. raise the awareness of both the public and physician communities that MSSNY stands behind its members.

MSSNY has a network of local physicians who monitor coverage of health-related issues in the media and work with the Communications Division to respond appropriately.  (HOD 1999-228; Reaffirmed with revision HOD 2014)

270.990          Protection from Discovery of Information Collected for Performance Improvement Activities:

MSSNY will pursue legislation that would protect information collected for and action taken related to quality improvement activities in a physician’s office in accordance with the New York State Department of Health’s Clinical Guidelines for Office-Based Surgery from discovery, similar to that which already exists for Article 28 institutions.  (HOD 1999-101; Reaffirmed HOD 2014; Reaffirmed HOD 2024)

270.991           Collective Bargaining Unit (CBU): SUNSET HOD 2014

270.992           MSSNY’s Support for Physicians in their Quest to be Considered Independent Contractors: 

MSSNY will communicate to all appropriate physicians or state medical societies its support of the activities of such physicians seeking to establish their right to act collectively in defining the terms and conditions of such physicians’ relationships with managed care companies, insurers and/or other entities utilizing physician services.  Such support be communicated in the News of New York and all other appropriate communication vehicles.  (HOD 1999-84; Reaffirmed HOD 2014; Reaffirmed HOD 2024)

270.993           Disruptive Visits to Medical Offices by Government Investigators and Agents:

MSSNY will support legislation and/or other appropriate means to ensure that State and Federal investigators and/or agents give a physician written notice prior to a visit to a medical office so that such visit may be scheduled upon mutual agreement at a time when patients are not present in the medical office in any circumstance which lawfully permits a visit to a medical office without notice, such as a search warrant, arrest warrant or subpoena, investigators and/or agents should be required to initially identify themselves to appropriate medical staff in a quiet and confidential way that allows the physician an opportunity to comply in a manner that is least disruptive and threatening to the patients in the medical office at the time.  (HOD 1999-57; Reaffirmed HOD 2014; Reaffirmed HOD 2024)

270.994           Collective Bargaining: SUNSET HOD 2014

270.995           Physician Profiling: SUNSET HOD 2014

270.996           Social Security Number, Use as Provider Identifier: 

MSSNY will pursue legislation which will require the use of the physician’s UPIN numbers and prohibit the use of a physician’s social security number for identification purposes other than in tax-related documents.

MSSNY will also pursue legislation which will prohibit the publication of social security numbers in any form which has the potential to or will be available to the public.  (HOD 1996-94; Reaffirmed HOD 2014; Reaffirmed HOD 2024) 

270.997           Doctor of Medicine Degree:

MSSNY will seek legislation to revise the New York State Education Law to provide for the automatic conferral of the degree of Doctor of Medicine (M.D.) upon any individual who is licensed to practice medicine in the State of New York and who furnishes satisfactory evidence of completion of a medical education program in a foreign medical school which does not grant the degree Doctor of Medicine (M.D.) and in which the philosophy and curriculum are deemed equivalent, as determined by the New York State Board of Regents, to those in programs leading to the degree of Doctor of Medicine (M.D.) at medical schools in the United States.

Until the statute is changed, MSSNY will urge the State Education Department to discontinue the practice of informing licensed physicians who hold an M.D. equivalent degree to remove the title “M.D.” from behind their name or face possible disciplinary action.  (HOD 1993-103; Reaffirmed Council 2/21/02; Reaffirmed HOD 2013)

270.998           Use of the Title “Doctor” by Physicians:

It is the position of MSSNY that all physicians routinely add the letters denoting their medical or osteopathic degrees following their names as part of their professional titles whenever using the title “doctor.”  (HOD 1989-97; Reaffirmed HOD 2002-207; Reaffirmed HOD 2013; Reaffirmed HOD 2023)

270.999           Rights and Responsibilities of Physicians: SUNSET HOD 2023