Medical Society of the State of New York

Principles of professional conduct

Chapter 1: General principles

Section 1: The prime object of the medical profession is to render competent medical service with compassion and respect for human dignity.
Section 2: These principles of professional conduct shall apply to doctors of medicine as individuals or as members of staffs of hospitals, clinics, colleges, schools, foundations, companies, partnerships, corporations or groups, by whatsoever name they may be known.
Section 3: The medical profession should safeguard the public and itself by exposing those physicians deficient in moral character or professional competence or who engage in illegal or unethical conduct.
Section 4: A doctor of medicine shall respect the rights of colleagues.
Section 5: Doctors of medicine should strive continually to improve medical knowledge and skill. They can promote the health of their community by their contributions and by cooperating with the proper authorities in the administration of sanitary laws and regulations.
Section 6: Any conduct that results in the provision of unnecessary services or overutilization of services or facilities is unethical.

Chapter II: Specific principles

Section 1: A doctor of medicine is free to choose whom he will serve, except in the case of an emergency.
Section 2: Once having undertaken a case, the doctor of medicine should not neglect the patient nor should he withdraw from the case without giving adequate notice to the patient and/or relatives or guardian.
Section 3: The doctor of medicine should safeguard the patient's confidences within the constraints of the law.
Section 4: Physicians should obtain consultation whenever they believe that it would be helpful in the care of the patient or when requested by the patient or the patient's representative. When a patient is referred to a consultant, the referring physician should provide a history of the case and such other information as the consultant may need, and the consultant should advise the referring physician of the results of the consultant's examination and recommendations relating to the management of the case. A physician selected by a patient for the purpose of obtaining a second opinion on an elective procedure is encouraged to advise the patient's regular physician of the findings or recommendations.
Section 5:
a. The acceptance of rebates on prescriptions or appliances or of commissions from attendants who aid in the care of the patient is unethical.
b. When a patient is referred by one doctor of medicine to another for consultation or treatment, the offering, the giving, soliciting or receiving of any fee or other consideration is unethical.
c. It is not unethical for a fee to be prorated among two or more doctors of medicine when such physicians have actively participated in the medical and/or surgical care of a patient and each physician's fee is commensurate with the services he had rendered. The patient who has received such joint services shall be advised of the participation of each physician and shall receive a separate, itemized statement from each.
Section 6:
a. The prescription or dispensing by a doctor of medicine of secret medicines or other secret remedial agents, of which he does not know the composition or the manufacture or promotion of their use, is unethical.
b. In owning a commercial medical facility for adjunct treatment purposes a physician must keep the primary benefit of the patient in mind and such ownership should not result in overutilization for profit motives. Such ownership or participation must be in strict conformance with the law.
c. Drugs, remedies, or appliances may be dispensed or supplied by the physician provided it is in the best interests of the patient or in areas where they are not available.
Section 7: A physician should consider it a privilege to offer treatment to a fellow physician and his immediate family. Therefore, he is encouraged to do so without consideration of compensation. This statement should not be construed as precluding third party payment.
Section 8: A physician who has experienced problems with delinquent accounts may properly choose to request that payment be made at the time of treatment or add interest or other reasonable charges to delinquent accounts. The patient must be notified in advance of the interest or other finance or service charges by such means as the posting of a notice in the physician's waiting room or appropriate notations on the billing statement. The physician must comply with State and federal laws and regulations applicable to the imposition of such charges, i.e., the Truth in Lending Law.
Section 9: The attending physician should complete without charge the appropriate "simplified" insurance claim forms as a part of his service to the patient to enable the patient to receive benefits. A charge for more complex forms may be made.

Chapter III: Advertising

Member physicians may ethically engage in advertising or solicitation so long as the communication is not materially false or deceptive. For example, a physician shall not make materially false or deceptive statements or claims relating to either the results the physician can achieve or his or her skill or ability. Advertising or solicitation may be conducted through the news media, directories, announcements, professional cards, office signs, or any other medium or means. The use of intimidation or undue pressure in connection with uninvited, in-person solicitation of actual or potential patients, who, because of their particular circumstances are vulnerable to undue influence, is unethical.

Chapter IV: Contract medicine

There are various financial or contractual arrangements that physicians may enter into. Medical care should not be subjected to lay interference on professional matters. The primary responsibility of physicians should be to the patients they serve.

Amendments or alterations

Any component county medical society may adopt other or amend these regulations respecting professional conduct, binding only upon its own members if not inconsistent or in conflict with these Principles or Professional Conduct, or with the Bylaws of the Medical Society of the State of New York.

Enforcement, discipline, and punishment

Each component county medical society is charged with the duty of carrying out and enforcing, with its jurisdiction, the terms and provisions of these Principles of Professional Conduct. Any breach or infraction of any one or more of the terms or provisions of these Principles of Professional Conduct, or of any one or more of the terms or provisions of any further or additional regulations respecting professional conduct adopted as herein provided by any component county medical society, shall subject the offender to and shall be sufficient cause for discipline. Each component county medical society, through bylaws provisions adopted in accordance with its own constitution and bylaws and in accordance with the Bylaws of the Medical Society of the State of New York, shall (a) fix and determine the degree or degrees of discipline and the nature and extent of the penalty or punishment which may be imposed and shall (b) adopt its own rules and regulations of methods and procedure respecting all disciplinary investigations, proceedings, and action.

Interpretations and rulings of each component county medical society with respect to these Principles of Professional Conduct or with respect to any further and additional regulations respecting professional conduct adopted by it as herein provided shall be binding upon its members until modified, revised, or reversed upon appeal by the Medical Society of the State of New York, or by a court of competent jurisdiction.