Policy of the Graduate Medical Education Committee Section: Educational Administration Subject: Academic and Other Disciplinary Actions
(Probation, Suspension and Dismissal) Number: 1.420 Date Developed: 2/99 Last Review/Revision: 4/07, 1/2010
Replaces: previous policy of
same name, dated 5/03
ACGME Requirement: Institutional IID.4.e. Common IIA.4.h
Purpose
To
define the circumstances which may result in probation, suspension or dismissal
from the residency program (includes fellowship programs) and to establish fair
policies and procedures for academic or other disciplinary actions taken against
residents.
The position of resident (the
term “resident” applies to interns, residents, and fellows) presents the dual
aspects of a student in a post-graduate educational program and a participant
in the delivery of patient care. A
resident’s continuation in the residency program is dependent upon satisfactory
professional standards in the educational program and in the care of
patients. Behavior that reflects poorly
on professional standards, ethics, and collegiality are all components of a
resident’s academic evaluation.
Definitions
Probation: a trial period in which a
resident is permitted to redeem academic performance or behavioral conduct that
does not meet the standard of the program.
Suspension: a period of time in which
a resident is not allowed to take part in all or some of the activities of the
program. Time spent on suspension may
not be counted toward the completion of program requirements.
Dismissal: the condition in which a
resident is directed to leave the residency program, with no award of credit
for the current year, termination of the resident’s Agreement of Appointment,
and termination of all association the University of Arkansas for Medical
Sciences College of Medicine and its participating teaching hospitals.
Policy
Each
Program Director, in consultation with the Departmental Chairperson and
Departmental Education Committee, must implement written criteria and processes
for academic and other disciplinary actions within the program including, but
not limited to, probation, suspension and dismissal from the residency
program. The specific actions of
probation, suspension, and dismissal must follow the guidelines listed
below. The particular administrative
action imposed shall be based on individual circumstances and will not
necessarily follow the sequential order in which they are described below. A resident involved in any of the actions of
probation, suspension, dismissal has the right to appeal according to the GMEC
Policy, 1.410, Adjudication of Resident Grievances.
Procedure
Probation
1. A resident may be placed on probation by a
Program Director for reasons including, but not limited to any of the
following:
a. failure to
meet the performance standards of an individual rotation;
b. failure to
meet the performance standards of the program;
c. failure to
comply with the policies and procedures of the GME Committee, the
d. misconduct
that infringes on the principles and guidelines set forth by the training program;
e. documented
and recurrent failure to complete medical records in a timely and appropriate
manner;
f. when
reasonably documented professional misconduct or ethical charges are brought
against a resident which bear on his/her fitness to participate in the training
program.
2. When a resident is placed on probation, the
Program Director shall notify the resident in writing in a timely
manner, usually within a week of the notification of probation. The written statement of probation will
include a length of time in which the resident must correct the deficiency or
problem, the specific remedial steps and the consequences of non-compliance
with the remediation.
3. Based upon a resident’s compliance with
the remedial steps and other performance during probation, a resident may be:
a. continued on probation;
b. removed from probation;
c. placed on suspension;
or
d. dismissed from the
residency program.
Suspension
1. A resident may be suspended from a
residency program for reasons including, but not limited, to any of the
following:
a. failure to
meet the requirements of probation;
b. failure to
meet the performance standards of the program;
c. failure to
comply with the policies and procedures of the GME Committee, the
d. misconduct
that infringes on the principles and guidelines set forth by the training
program;
e. documented
and recurrent failure to complete medical records in a timely and appropriate
manner;
f. when
reasonably documented professional misconduct or ethical charges are brought
against a resident which bear on his/her fitness to participate in the training
program;
g. when
reasonably documented legal charges have been brought against a resident which
bear on his/her fitness to participate in the training program;
h.
if a resident is deemed an immediate danger to patients,
himself or herself or to others;
i.
if a resident fails to comply with the medical licensure
laws of the State of
2. When a resident is suspended, the Program
Director shall notify the resident with a written statement of suspension
to include:
a. reasons for the action;
b. appropriate measures to assure satisfactory resolution of
the problem(s);
c. activities of the program in which the resident may and may
not participate;
d. the date the suspension becomes effective;
e. consequences of non-compliance with the terms of the
suspension;
f. whether or not the
resident is required to spend additional time in training to compensate for the
period of suspension and be eligible for certification for a full training
year.
A copy of the statement of
suspension shall be forwarded to the Associate Dean for Graduate Medical
Education and the Assistant Dean for Housestaff
Affairs.
3. During the suspension, the resident will
be placed on “administrative leave”, with or without pay as appropriate
depending on the circumstances.
4. At any time during or after the
suspension, resident may be:
a. reinstated
with no qualifications;
b. reinstated
on probation;
c. continued
on suspension; or
d. dismissed
from the program.
Dismissal
1. Dismissal from a residency program may occur for reasons
including, but not limited to, any of the following:
a. failure to
meet the performance standards of the program;
·
This disciplinary action should be the result of an
unsuccessful progressive discipline process.
b. failure to
comply with the policies and procedures of the GME Committee, the
c. illegal
conduct;
d. unethical
conduct;
e. performance
and behavior which compromise the welfare and of patients, self, or others;
f. failure to
comply with the medical licensure laws of the State of
g. inability
of the resident to pass the requisite examinations for licensure to practice
medicine in the
h. misrepresentation of information in the
residency appointment application.
2.
The Program Director shall contact the Associate Dean for
GME and provide written documentation which led to the proposed action.
3.
When performance or conduct is considered sufficiently
unsatisfactory that dismissal is being considered, the Program Director shall
notify the resident with a written statement to include:
a.
reasons for the
proposed action,
b.
the appropriate
measures and timeframe for satisfactory resolution of the problem(s).
4.
If the situation is not improved within the timeframe, the
resident will be dismissed.
5.
Immediate dismissal can occur at any time without prior
notification in instances of gross misconduct, including, but not limited
to, theft of money or property; physical violence directed at an employee,
visitor, or patient; use of, or being under the influence of, alcohol or
controlled substances while on duty; patient endangerment; illegal conduct.
6.
When a resident is dismissed, the Program Director shall
provide the
resident with a written
letter of dismissal stating the reason for the action and the date the dismissal becomes
effective. A copy of this letter shall
be forwarded to the Associate Dean for GME and the Assistant Dean for Housestaff Affairs.
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