Review of the AMT Judiciary Function

Report
Review of the
AMT Judiciary Function
Kimberly A. Cheuvront, PhD, MBA, MT(AMT)
AMT Judiciary Councillor
and
Michael N. McCarty, JD
AMT Legal Counsel
2013 Annual Convention and Educational Conference
Pittsburgh, PA
AMT Judiciary Committee
• Created by Article IX, Section 3 of Bylaws
• Consists of 3 voting and 1 non-voting member:
– Judiciary Councillor (Chair) – appointed annually
– Vice President
– Additional active member, not a national Board
member (usually an RMA) – appointed annually
– Legal Counsel (ex officio – non-voting)
2
Judiciary Committee Duties
(Art. IX, Sec. 3)
“This Committee shall exercise all legal, punitive, and judiciary
authority, receive and hear all complaints by and against the
members, render interpretations of these Bylaws, receive,
study, revise, and approve or disapprove all legislation
sponsored directly or indirectly by this Registry or the
societies thereof, draft and promulgate rules and regulations
for the proper conduct of the functions of the Registry, and
render opinions which are final unless an appeal to the Board
of Directors is perfected . . . Also, the Judiciary Committee
shall receive complaints of all members concerning Registry
affairs, institute inquiries concerning such matters, and make
reports to the individual members affected.”
3
Legal Functions
• Judiciary Councillor works closely with Legal Counsel
and Executive Director
– Corporate legal issues & Litigation (fortunately, very rare)
– Interpret Bylaws – National and States’
– Review and approve proposed State Society bylaws and
amendments (see State Officer’s Manual)
– Consult on and approve Legislative positions
• Federal legislation & regs – e.g., CLIA; Medicare payment policies
(competitive bidding, co-pays, CLFS adjustments); Meaningful Use
• State legislation & regs – e.g., lab personnel licensure; medical
assisting practice scope issues; etc.
– Besides Judiciary Committee, Judic. Councillor chairs
Bylaws Committee; is member of Executive, FederalGovernment Affairs, and State Legislative Committees
4
Disciplinary Function
• Bylaws Article XI: “Any member found to have violated
the AMT Standards of Practice, or to have committed
acts or deeds constituting unethical professional practices or
detrimental to the interests of the Registry, may be expelled from
the Registry or receive such other sanctions as may be imposed.”
• AMT Standards of Practice, Art. VI: “The AMT professional shall
respect the law and pledges to avoid dishonest, unethical or illegal
practices, breaches of fiduciary duty, or abuses of the position of
trust into which the professional has been placed as a certified
healthcare professional.”
• NCCA Standards require accredited certification programs to have
policies and procedures in place to address conduct that may be
harmful to the public or inappropriate to the discipline (e.g.,
incompetence, unethical behavior, or physical/mental impairment
affecting performance).
5
GROUNDS FOR DISCIPLINE
include, but not limited to:
• Violations of the AMT Standards of Practice
• Violation of AMT Bylaws
• Conviction of a felony for job-related activities or for a crime
involving moral turpitude.
• Obtaining or attempting to obtain certification by fraud or
deception
• Knowingly assisting another individual to attain certification by
fraud or deception.
• Misstatement of material facts in gaining certification from AMT.
• Unauthorized possession or distribution of AMT testing materials,
including copying and reproducing examination questions.
• Copying answers, permitting someone else to copy answers, or
providing or receiving unauthorized assistance during the
examination.
6
AMT Disciplinary Process
(Summary – see full procedures on attached handout)
• Any person may submit a complaint in writing to the
AMT Office
• Complaint is forwarded to Judiciary Committee for
informal investigation/assessment
• If Committee concludes there are grounds for
disciplinary proceeding, Judiciary Councillor sends
respondent letter outlining charges and giving him/her
60 days to respond
– Letter usually discloses Committee’s proposed sanction,
but may defer sanction pending further investigation
• If Committee concludes there is insufficient basis to
proceed, matter is terminated. No appeal is available
to complainant from such a determination.
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Disciplinary Process, cont’d
• If case is initiated, JC’s initial letter will request
that respondent supply any information,
evidence, or arguments rebutting the charges
– Letter also offers respondent opportunity to have
impartial advisor appointed to help explain the
process and prepare a defense (rarely requested)
• If respondent fails to respond w/in 60 days, case
proceeds to final sanction
– Failure to respond also waives respondent’s right to
appeal Committee sanction to Board of Directors
8
Disciplinary Process, cont’d
• If respondent answers JC’s letter, Committee considers the
rebuttal evidence/arguments and reaches a decision on
final sanction
– In extraordinary cases, committee may conduct a “hearing” in
person or by phone
– Care is taken to treat sensitive information with appropriate
confidentiality
• Sanctions may include exoneration/acquittal; reprimand or
censure; probation with or without conditions; revocation
or suspension of certification/membership; or other.
• Respondent may appeal Committee’s sanction to BOD
(unless appeal has been waived)
• Complainant has no appeal from Committee’s decision
• Final sanctions may be published in AMT Events
9
Effect of Revocation
• Registrants whose certification is revoked or suspended
are advised as follows:
“. . . you are no longer entitled to represent yourself to
the public (including employers or prospective
employers) as a Registered Medical Assistant, or to
use the initials “RMA,” or to hold yourself out as a
member of AMT. Any use of those designations by
you would constitute a violation of AMT’s intellectual
property rights, among other potential violations.”
• Registrants whose certifications are suspended for a
specified minimum period must meet CCP and
Reinstatement requirements to be readmitted.
10
Most Common Types of
Disciplinary Cases
1.
2.
3.
4.
5.
6.
7.
Prescription Fraud
Felony Convictions
Forgery of AMT Credentials
Plagiarism
Breach of Fiduciary Duty/theft
Miscellaneous unethical conduct
Breach of Security of AMT Examination
Materials
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Prescription Fraud
• By far the most common disciplinary charge
• Typically involves RMA writing or calling in unauthorized
prescriptions for personal use and/or use by friends/relatives
– Frequently for controlled drugs such as narcotic painkillers,
amphetamines, sleep aids, or anti-anxiety meds
• Usually – but not always – results in permanent revocation of
certification & membership
– Serious breach of Standards of Practice because it amounts to criminal
activity and abuse of position as a professional medical assistant
– Committee has shown leniency in form of minimum suspension period
(e.g., 1 to 5 years) with opportunity to reinstate in rare cases where
respondent acknowledges problem, enrolls in and successfully
completes rehab program.
12
Prescription Fraud - Examples
• Jennifer Lyn Gray, RMA – Paducah, KY
– Fraudulently called in prescriptions for controlled
substances (Lortab, Phentermine, and Xanax) under her
employer doctor’s name for herself and 2 friends
– Rx’s had been called in several times a month in large
quantities over a period of two years
– Member sought leniency based on her admitted drug
addiction, voluntarily having entered a Narcotics
Anonymous program, and having stayed “clean” for several
months
– Committee nevertheless determined the nature, scope
and severity of the violations was of such magnitude that
leniency could not be justified. Certification was
permanently revoked.
13
Prescription Fraud - Examples
• Jennifer Florio, RMA – Vernon, NJ
– Florio obtained multiple unauthorized prescriptions
for narcotic meds using names of clinic pediatricians
where she worked.
– Scripts were for personal use and were phoned-in
under her name and names of family members and
co-workers
– Respondent sought leniency (probation) and claimed
she was a victim of co-worker’s drug dependency
– JC followed-up with employer, who said there had
been over 1,000 scripts called in during past 2 years
– Certification was permanently revoked.
14
Prescription Fraud - Examples
• Debra Rink Todaro, RMA – Bordentown, NJ
– RMA obtained unauthorized prescription for Percocet
using name of her dermatologist employer
– Committee proposed to revoke certification permanently
– Todaro sought leniency, acknowledging the offense and
stating her actions were due to an addiction to drugs and
alcohol. She had entered an intensive rehab program.
– Committee agreed to reduce proposed sanction;
suspended certification for one year, w/ right to reinstate
upon evidence of successful completion of rehab, no
further violations of Standards of Practice, and compliance
with CCP & reinstatement requirements.
– JC determined Todaro was eligible for reinstatement in
2008 – a rehab success story!
15
Prescription Fraud –
Additional Cases Resulting in Permanent Revocation
• M. Segura, RMA (TX) – Attempted to order Vicodin for friend using
name of clinic physician. RMA requested advisor per AMT Disciplinary
Process (S. Hancock appointed); admitted guilt but sought probation in
lieu of revocation because he was studying to be an RN. JC denied
leniency and finalized permanent revocation.
• J. Millirons, RMA (MO) – Called in and picked up unauthorized Rx’s for
controlled drugs for self and boyfriend at 2 local pharmacies using
names of 2 MDs at her clinic. RMA did not respond to the charges.
• J. Harvin, RMA (NC) – Police arrested RMA and a second individual for
picking up fraudulent prescriptions called in by RMA for a controlled
substance, using the name of a physician at the family medicine clinic
where she worked. Respondent’s request for leniency denied based
on “a very serious case involving multiple incidences of prescription
fraud, using multiple patient names and a number of different
pharmacies to obtain a controlled substance in the course of
employment as an RMA.”
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Prescription Fraud –
Additional Cases Resulting in Permanent Revocation
• K. Holman, RMA (TX) – Phoned and picked up unauthorized Rx’s for a
controlled drug using name of M.D. and a patient at community clinic
where she was employed.
– Did not respond to JC’s original letter; final revocation letter was returned
as undeliverable w/ no forwarding address
– Holman later complained to AMT Office about registrar’s telling
prospective employer that her RMA cert. had been revoked, saying she
never received the JC’s letter. JC gave her a final opportunity to appeal to
BOD, but she failed to avail herself of the chance.
– Recently requested reinstatement (May 2013). Denied.
• Chad Mallory, RMA (FL) – Multiple forged prescriptions for Lortab
(acetaminophen and hydrocodone), oxycodone, and alprazolam.
– RMA forged sig. of his physician employer; scripts written for third parties
who were not patients of the clinic. Employer tipped-off by Walgreen’s.
– RMA did not respond to JC’s letter.
• C. Salas, RMA (TX) – Charged w/ 13 counts of criminal Rx fraud. Called in
Rx’s using the DEA and DPS numbers from physicians who were former
employers. AMT notified by Denton police dept. No response received to
JC’s proposed revocation letter.
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Felony Convictions
• Difference between handling of felonies at initial application
stage vs. active member stage
– AMT application forms require disclosure of prior felonies
• Failure to disclose prior felony on application is automatic grounds for
subsequent rescission of certification
• Felonies disclosed on application are handled by AMT Executive Director
on case-by-case basis. Decision whether to accept applicant is based on
the recentness of the offense, the nature of the offense, the seriousness
of the offense, and the relation of the nature of the offense to the
delivery of healthcare services to patients.
– Members have no clear obligation to disclose felony convictions after
becoming certified
• Dues renewal form does not require disclosure
• If subsequent felony is brought to AMT’s attention, Judiciary Committee
addresses on case-by-case basis – does the felony constitute a serious
violation of AMT Standards of Practice?
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Felony Convictions
Case Examples
• Howard Ollick, MT (FL) – AMT learned in 2002 that Ollick had
been convicted in 1998 of three counts of perjury, for making
false statements under oath in a Florida court as an alleged
expert witness in the fields of forensic toxicology and
psychopharmacology.
– Falsely testified that he had earned a Ph.D. in organic chemistry, a
Masters Degree in organic chemistry, and Bachelors Degree in
chemistry.
– Was sentenced to three years in prison, followed by five years of
probation and assessed a $200 fine.
– Florida Board of Clinical Laboratory Personnel revoked his CLT license
in 2001.
– Based on serious, job-related crimes, MT(AMT) certification was
permanently revoked. (He did not respond to JC’s letter.)
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Felony Convictions
Case Examples
• Amber Lancaster, RMA (OH) – RMA certified in 1996 was convicted in
2005 of trafficking in drugs, a fourth-degree felony, for selling prescription
pain medication (Percocet and Vicodin) on the streets of Adams County,
OH. AMT was notified of conviction by probation officer.
– Judiciary Committee felt trafficking of controlled substances reflected on
fitness to practice as a medical assistant, since MAs frequently have access to
controlled medication and their employers’ prescription pads; also may
indicate a substance abuse problem.
– Committee proposed permanent revocation; RMA did not respond.
Certification permanently revoked in 2006.
• Tengha Dai, RPT (OK) – On 2003 application for RPT certification, Dai
failed to disclose prior felony conviction in Arkansas for possession of 100
“ecstasy” pills w/ intent to distribute.
– Dai did not respond to Committee’s proposed sanction; RPT(AMT) certification
permanently revoked in 2006.
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Felony Disclosed on Application
• If Executive Director denies application based on
prior felony, applicant may appeal to BOD
• Recent denial was successfully appealed to BOD:
Ohio RPT Applicant
– Pled guilty Jan. 2011 to prohibited sale of wildlife
– Had operated butcher shop w/ husband; processed deer meat for
hunters. Some “deadbeat” hunters never picked up their processed
meat & sausage, so Rienschields tried to recoup costs by selling it to
third parties.
– Claimed they didn’t know it was illegal
– Was 5th degree felony (instead of misdemeanor) only because of the
dollar amount involved (sold 1000+ lbs. over 3 years)
– Forced to close butcher shop; then sought new career by attending
Phlebotomy training program w/understanding felony wouldn’t
preclude employment. Got straight A’s in program, did well w/clinicals
• AMT Board unanimously granted appeal, finding crime did not
reflect poor moral character
21
Forgery of AMT Credentials
• Christy Phillips-Green, RMA (NC/MD) – Falsified letter
of congratulations from AMT for passing certification
exam by deleting “Registered Medical Assistant” and
substituting “Licensed Practical Nurse” (see next slide),
then used letter to obtain employment as LPN – a
licensed profession.
– In response to JC’s letter proposing revocation, respondent
claimed she was hired and paid as a “Medical Assistant
Floater” (did not deny altering AMT letter)
– JC checked with employer, who confirmed respondent was
hired as a LPN, not MA
– RMA certification was permanently revoked
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23
More Forgeries . . . .
• Heidi Lang (Algonac, MI) – Forged Pearson VUE score
report and RMA(AMT) certificate.
– AMT was tipped-off by Lang’s employer, who had been bugging
her for verification of RMA certification
– Lang finally supplied a certificate and score report, both of
which appeared different from those of other AMT members
employed by the clinic
– Signatures of AMT Executive Director and President also
appeared bogus (see next slide)
– HR Director contacted AMT registrars; could find no record of
Lang’s having applied for or received certification; Registration
Number on certificate belonged to an AMT member in NY
– Legal Counsel sent cease-and-desist letter, threatening criminal
prosecution unless Lang confirmed she had destroyed all forged
docs and agreed not to hold herself out as RMA or any other
discipline certified by AMT. She responded as directed.
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25
More Forgeries . . . .
• Daniel Smith (O’Fallon, MO) – Forged a letter from AMT stating he had
passed the MT(AMT) exam.
– Had provided falsified letter to DVA with job application
– Had submitted application and qualified to sit for MT exam, but had not yet
taken the exam
– Dr. James Fidler (AMT Director of Testing & Competency Assurance) sent
cease-and-desist letter. Candidate was barred from taking any future AMT
exams.
• Sylvia de la Fuente (Prescott, AZ) – Used falsified RMA certificate to
obtain employment with Orthopedic practice. Employer became
suspicious, contacted AMT, and AMT Office confirmed the forgery.
– Legal counsel drafted cease-and-desist letter for Dr. Fidler.
• Kymverlyne D. Shelly (Atlanta, GA) – Produced a falsified RMA certificate
using a real RMA certificate issued in 2009 to a friend
– Changed the name but not the ID # on the certificate. AMT office identified
the real certificant, who listed Shelly as a Facebook “friend”
– Legal counsel issued Shelly cease-and-desist letter and JC has proposed to
revoke RMA’s certification for aiding and abetting the forgery
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27
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Plagiarism
Two cases in past several years where member submitted
blatantly plagiarized articles to AMT Writing Awards Competition
1. Jason E. Merzlak, RMA, RPT (FL) – Copied article verbatim
from another professional journal, Oncology Nurse Advisor.
–
–
–
–
–
Photocopied article directly from journal, whited-out real author’s
name and typed-in his own (see next 2 slides).
Committee disqualified writing entry and proposed 2-year suspension
of RMA and RPT certifications
Member sought forgiveness stating he was “confused about the
writing contest and what was involved with the process.” Asked
committee to consider that he’d “touched many patients’ lives” and
had exceeded AMT’s CE standards.
Committee denied leniency, finalized 2-year suspension.
Merzlak appealed to BOD; appeal denied.
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31
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Plagiarism, cont’d
2. Name withheld – Member submitted article on Tourette’s
Syndrome that had been copied nearly verbatim from a
website, www.papers4you.com, that advertises: “We have
over 60,000 ready made Essays, Coursework, Assignments,
Reports, Proposals, Dissertations and Theses available for
sale! Buy your essay or dissertation today!”
– Paper was posted on website as a sample of essays available for sale
– AMT Publications Director, Diane Powell, discovered the plagiarism
through a Google search
– Committee issued a written reprimand to member, who is a current
state society officer, noting: “Claiming another author’s scientific
literature as your own work violates the AMT Standards of Practice and
can be viewed as dishonest, unethical, and in some cases illegal.
Submitting a plagiarized article for possible publication also puts AMT at
risk for potential violations of copyright and intellectual property laws.”
33
CASES INVOLVING ALLEGATIONS OF
Miscellaneous Unethical Conduct
Patient Identity Theft – S. Golden, RMA (IL)
• RMA used credit card info of patients at Northwestern
Memorial Hospital lab to pay her own utility bills and
other expenses
• Police found Social Security and credit card numbers
and birth dates of more than 50 lab patients when they
searched her home
• RMA was charged with Aggravated Identity Theft -story reported in Chicago Tribune, USA Today, CBS, etc.
• JC proposed permanent revocation of RMA
certification; no response received to JC’s letter.
34
CASES INVOLVING ALLEGATIONS OF
Miscellaneous Unethical Conduct
• Arkansas RMA (name w/held) – Physician complained that RMA
“abandoned patients” when she resigned abruptly from employment midday; and that she had slandered the physician in the presence of patients
and pharmaceutical company reps
– JC sent letter requesting explanation for RMA’s actions
– RMA responded forcefully that during her two weeks’ employment, she had
been repeatedly harassed sexually by the office manager (physician’s
husband) and subjected to other unprofessional behavior.
• Office Mgr. greeted her on second day of work with, “Hello Mrs. Sexy
Black, how are you today?”
• A few days later Office Mgr. offered her $200 to perform oral sex; made
several other improper comments
• RMA provided letter of commendation from new employer
– Committee decided no sanction was warranted in view of oppressive
employment conditions and the fact that no patient was actually abandoned
by RMA’s lunch-hour departure => Case DISMISSED
35
CASES INVOLVING ALLEGATIONS OF
Miscellaneous Unethical Conduct
• Ashley B. Baumann, RMA (TX) – Original complaint alleged
unsavory pattern of conduct unrelated to job performance
– nasty divorce; child support arrearages; contempt of court citation;
lost custody of her kids; boyfriend with a long rap sheet; mother
convicted of marijuana possession – but nothing amounting to a clear
violation of Standards of Practice
– However, Google search 1-1/2 years later revealed she’d been arrested
in California w/ boyfriend while spray-painting a pickup truck in a WalMart lot, and extradited to Texas on charges of forgery and conspiracy
to commit organized crime.
– Pled guilty in 2009 to a felony of engaging in organized crime, was
sentenced to one year of confinement in the county jail (boyfriend
also pled guilty and got 3-year sentence).
– JC issued proposed revocation based on felony conviction involving
moral turpitude. No response; revocation final.
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CASES INVOLVING ALLEGATIONS OF
Miscellaneous Unethical Conduct
• A. Mata, RMA (TX) – Altered pt. progress notes & submitted fraudulent
health ins. claims; certification revoked (no resp. by RMA)
• J. Tetrick, RMA (MO) – “Identity thief” - used name and personal info of
M.D. employer to apply for credit; JC proposed permanent revocation;
RMA did not respond – sanction finalized.
• N. Ward, RMA (TX) – Multiple instances of unprofessional, erratic &
unstable behavior in presence of patients.
– Case complicated by fact that complaining M.D. had been disciplined
twice in past year by TSBME for altering medical records and
prescribing numerous meds to herself and at least one other pt.
without medical records.
– JC nevertheless suspended RMA’s certification for a minimum period
of six months, and until she submitted evidence of having satisfactorily
completed a counseling program with a mental health professional.
RMA did not respond to charges.
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CASES INVOLVING ALLEGATIONS OF
Miscellaneous Unethical Conduct
• Missouri MT (name w/held) – Supervisor at Missouri hospital lab
complained that MT had intentionally discarded a pt. specimen because
she was upset at supervisor for reprimanding her about out-of-range QCs
– MT answered w/ aid of attorney, via sworn affidavit. Admitted tossing the
sample, but did so 4 days after supervisor (complainant) had run the
wrong test on the specimen (electrolytes instead of lipid panel ordered).
 Specimen was probably spoiled by the time it was discarded.
– MT portrayed matter as latest in a series of efforts by supervisor to coverup her own errors. Said there had been frequent spats between
supervisor and other Filipino techs.
– JC determined there were no credible grounds for finding MT had violated
Standards of Practice or otherwise engaged in unlawful or unethical
activities that would warrant a disciplinary sanction. => Case Dismissed.
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Breaches of AMT Exam Security
• King Abdulaziz Univ. Hospital, Riyadh, Saudi Arabia – Massive scandal in
2002-03 that seriously compromised AMT’s MT/MLT exam data bank
– Exam forms were stolen on two separate occasions from proctor’s locker in
hospital and copied, then distributed to exam candidates in Saudi Arabia and
Philippines
– AMT was alerted by extraordinarily high scores on exam administrations – all
of which were ultimately canceled
– JC was able to pinpoint the primary culprits after much research
– Resulted in revocation of principal culprit’s certification, 2-year suspension of
proctor’s certification, and numerous score cancellations
• Individuals who were found to have possessed copies of exam were required to
submit affidavit attesting to having destroyed all copies
– Scandal was a nightmare for Dr. Fidler & EQS Committee – many test
questions had to be retired from item pool & replaced.
• All MT, MLT & CMLA exams now administered only by computer
39
Breach of Patient Privacy
•
N. Leonard, RMA (MO) – Complaint alleged that
while employed at St. Louis hospital, RMA
impermissibly accessed PHI of complainant
(ex-boyfriend) and his children
– Hospital audit of the complainant’s medical records
confirmed RMA had improperly accessed PHI
– RMA’s employment was terminated for the breach
– Due to serious nature of violation of HIPAA and state
privacy laws, JC proposed permanent revocation of
RMA certification. RMA did not respond to charges;
certification permanently revoked.
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Breach of Fiduciary Duty
• Three cases in past four years in which a State officer
has misappropriated state society treasury funds:
1.
2.
3.
State Treasurer withdrew over $8,700 from ATMs using state
society debit card. Treasurer died shortly after misappropriation, leaving no estate. Insurance claim filed & paid.
State President facing difficult domestic situation withdrew
$2,480 from state bank acct. to assist in move to another
state. Promptly self-reported situation and apologized to
District Councillor. JC placed member on probation pending
repayment of debt over 12 month schedule.
State Treasurer made at least 31 separate charges unrelated
to legitimate society business on the AMT-issued credit card.
Unauthorized transactions totaled $5,458. JC suspended
membership & certifications for min. of 2 yrs; required debt
repayment over 12 mos. ; permanently barred from holding
state or national office.
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Examples of No-Action Cases
1.
Single acts of negligence – JC declined to initiate disciplinary
proceedings involving isolated negligent acts, e.g., where:
a.
b.
2.
RMA who had been instructed to administer a Tetanus Toxoid
vaccine, instead injected pt. w/ Tuberculin Purified Protein Derivative
MT cross-matched blood to the wrong pt., failing to follow a
prescribed 3-step process. Patient was unharmed because the blood
was compatible, but it was registered as a “sentinel event” triggering
a report to AMT.
General allegations of inappropriate workplace behavior – JC
refused to intervene in complaint by ex-girlfriend (non-member)
that male MT had solicited her to visit him during MT’s night shift
at hospital lab to engage in sexual activities, “including taking
pictures.”
–
While raising possible questions about MT’s character, alleged
behavior did not rise to level of violating Standards of Practice, and
complaint is more appropriately directed to hospital HR department.
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Interventions
• Legal counsel will become involved in
particularly important cases of discrimination
against AMT credentials
– U.S. Army; U.S. Air Force; U.S. State Department
– State Licensure matters – legislative and regulatory
• Judiciary Committee will intervene in issues or disputes at the
state society level, as necessary
– Disputed election procedures; issues of candidate eligibility for state
elections; disputes involving delegate selection to annual mtg.; etc.
– Most such disputes should be referred to Council initially
• Legal counsel is occasionally consulted by Dr. Fidler on matters
of suspect exam results or suspected cheating
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Mock Disciplinary Case Presentation
• Speakers will present factual scenario
involving alleged member misconduct
• Members of audience will interactively discuss
how they would handle the case
• YOU be the judge
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Lessons Learned . . .
• “Just Say ‘No’ to Prescription Fraud!”
• Disciplinary process generally works well and provides a fair
forum for complainants and respondents to present their
cases
• Be careful whom you accuse . . .
– Case brought in 1996 by Ron Reese, MT, backfired on him
completely, ending up in permanent revocation of Reese’s AMT
membership and certification.
– Reese filed complaint accusing another member of slandering
him by stating he had been convicted of a recent crime; the
alleged ‘slander’ turned out to be absolutely true – in 1994
Reese had pled “no contest” to a felony charge of theft of
$8,893.43 from his former employer.
– The tables turned, the accuser became the accused …..
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