CHA 2019 Medical Staff Bylaw Sample

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Model Medical Staff Bylaws & Rules
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All rights reserved. First edition 1980.

12th edition 2019.
This publication is provided as a service to the hospital members of the California Hospital Association. Hospitals are encouraged to use the model document as a
template to create hospital-specific bylaws and rules.
These CHA Model Medical Staff Bylaws and Rules are intended as a resource to our members to assist them in developing their own Medical Staff Bylaws and Rules.
While we have made every effort to achieve compliance with California law, Medicare Conditions of Participation, and The Joint Commission accreditation standards,
they are not intended as legal advice, nor is there any representation that the documents are in fact compliant with all of these requirements. Because The Joint
Commission remains the predominant accrediting organization for California hospitals, the CHA Model Medical Staff Bylaws and Rules have not been specifically
tailored to other accrediting bodies standards. Users of these resource documents are advised to consult their own legal counsel to guide and advise them as to the
legal implications and requirements for compliance in development of their own Medical Staff Bylaws, Rules, and associated policies and procedures.
California Hospital Association

ATTN: Publishing
1215 K Street, Suite 800
Sacramento, CA 95814
Published by the California Hospital Association.

Printed in the United States of America.
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Emily Stone, Publishing Manager
© CALIFORNIA HOSPITAL ASSOCIATION MODEL MEDICAL STAFF BYLAWS 1

TABLE OF CONTENTS
PREFACE 9
DIVISION 1: MEDICAL STAFF STRUCTURE .................................................................. 10
ARTICLE 1 INTRODUCTION ......................................................................................... 10

1.1 Name .................................................................................................................................... 10
1.2 Organization and Purpose................................................................................................. 10
1.3 Definitions ........................................................................................................................... 10
1.4 Delegation of Tasks............................................................................................................ 17
1.5 Medical Staff Responsibilities .......................................................................................... 18
1.6 Self Governance and Independent Rights ...................................................................... 19
1.7 Meet and Confer ................................................................................................................. 20
1.8 Health System Affiliation .................................................................................................. 20
ARTICLE 2 OFFICERS, MEMBERS AT LARGE, AND CHIEF MEDICAL

OFFICER ........................................................................................................ 22
2.1 Identification of Officers ................................................................................................... 22
2.2 Qualifications ...................................................................................................................... 22
2.3 Terms of Office .................................................................................................................. 23
2.4 General Responsibilities .................................................................................................... 23
2.5 Specific Duties .................................................................................................................... 24
2.6 At-Large Members.............................................................................................................. 27
2.7 Nominations ........................................................................................................................ 27
2.8 Election ................................................................................................................................ 28
2.9 Recall of Officers ................................................................................................................ 29
2.10 Vacancies.............................................................................................................................. 30
2.11 Chief Medical Officer ........................................................................................................ 31

ARTICLE 3 DEPARTMENTS/SERVICES ....................................................................... 33
3.1 Organization of Clinical Departments ............................................................................ 33
3.2 Identification of Departments/Services.......................................................................... 33
3.3 Functions of Departments ................................................................................................ 33
3.4 Department Meetings and Committees .......................................................................... 34
3.5 Sections ................................................................................................................................ 34
3.6 Department/Service Officers ........................................................................................... 35
ARTICLE 4 COMMITTEES ............................................................................................... 40

4.1 Designation.......................................................................................................................... 40
4.2 Creation ................................................................................................................................ 40
4.3 Appointment and Nonmembers ...................................................................................... 41
4.4 Ex Officio Members .......................................................................................................... 42
4.5 Committee Chairs ............................................................................................................... 42
4.6 Conflicts of Interest ........................................................................................................... 42
4.7 Representation on Hospital Committees and Participation in Hospital
Deliberations ....................................................................................................................... 43
4.8 Charters ................................................................................................................................ 43
4.9 Medical Executive Committee .......................................................................................... 43
ARTICLE 5 MEETINGS AND VOTING .......................................................................... 48

5.1 Medical Staff Meetings ....................................................................................................... 48
5.2 Department and Committee Meetings ............................................................................ 48
5.3 Notice of Meetings ............................................................................................................. 49
5.4 Quorum ................................................................................................................................ 49
5.5 Manner of Action ............................................................................................................... 50
5.6 Minutes ................................................................................................................................. 50
5.7 Attendance Requirements ................................................................................................. 50
5.8 Conduct of Meetings .......................................................................................................... 52
5.9 Electronic Voting ............................................................................................................... 52

ARTICLE 6 GOVERNING DOCUMENTS ...................................................................... 53
6.1 Identification of Governing Documents ........................................................................ 53
6.2 Bylaws ................................................................................................................................... 53
6.3 Rules and Regulations ........................................................................................................ 56
6.4 Policies and Procedures ..................................................................................................... 58
6.5 Department and Section Rules ......................................................................................... 59
6.6 Forms ................................................................................................................................... 60
6.7 Non-Contractual Nature of Governing Documents..................................................... 60
6.8 Notice by Posting on Medical Staff Website .................................................................. 60
ARTICLE 7 DUES AND ADDITIONAL PROVISIONS .................................................. 61

7.1 Dues and Assessments....................................................................................................... 61
7.2 Compensation of Medical Staff Leaders ......................................................................... 61
7.3 No Retaliation ..................................................................................................................... 61
7.4 Authorizations, Releases, Immunity, Confidentiality, and Indemnity ........................ 62
DIVISION 2: MEMBERSHIP AND PRIVILEGES ............................................................ 63
ARTICLE 8 MEMBERSHIP QUALIFICATIONS AND RESPONSIBILITES .............. 63

8.1 General Qualifications ...................................................................................................... 63
8.2 Nondiscrimination .............................................................................................................. 63
8.3 Minimum Qualifications .................................................................................................... 64
8.4 Additional Qualifications ................................................................................................... 66
8.5 Board Certification ............................................................................................................. 68
8.6 Waiver................................................................................................................................... 69
8.7 General Responsibilities of Membership ........................................................................ 70
8.8 Conduct Expectations........................................................................................................ 73

ARTICLE 9 MEMBERSHIP STATUS ............................................................................... 75
9.1 Categories of Membership ................................................................................................ 75
9.2 Description of Prerogatives and Responsibilities .......................................................... 75
9.4 Active Staff .......................................................................................................................... 76
9.5 Courtesy Staff ...................................................................................................................... 77
9.6 Community Affiliate........................................................................................................... 78
9.7 Telemedicine Staff .............................................................................................................. 80
9.8 Provisional Staff .................................................................................................................. 81
9.9 Temporary Staff .................................................................................................................. 82
9.10 Graduate Staff .................................................................................................................... 82
9.11 Committee Staff .................................................................................................................. 83
9.12 Administrative Staff............................................................................................................ 84
9.13 Honorary Staff .................................................................................................................... 85
ARTICLE 10 PROCEDURES FOR APPOINTMENT AND REAPPOINTMENT ......... 86

10.1 General ................................................................................................................................. 86
10.2 Burdens of Applicants ....................................................................................................... 87
10.3 Processing of Membership/Privileges Applications ..................................................... 90
10.4 Intervention ......................................................................................................................... 97
10.5 [Optional] Processing of Telemedicine Membership and Privileges .......................... 98
10.6 Application for Reappointment...................................................................................... 100
10.7 Duration of Appointments ............................................................................................. 101
10.8 Waiting Periods ................................................................................................................. 102
10.9 System Credentialing ........................................................................................................ 104

ARTICLE 11 PRIVILEGE DELINEATION ..................................................................... 105
11.1 Exercise of Privileges ....................................................................................................... 105
11.2 Development of Privileging Criteria .............................................................................. 105
11.3 Privilege Delineation ........................................................................................................ 106
11.4 Application to Podiatrists, Dentists, and Oral and Maxillofacial Surgeons ............. 108
11.5 Effect of Contracted Services ......................................................................................... 108
11.6 Temporary Privileges ....................................................................................................... 109
11.7 Disaster Privileges............................................................................................................. 112
11.8 Emergency Situations....................................................................................................... 114
11.9 Transport and Organ Harvest Teams............................................................................ 114
ARTICLE 12 LEAVES OF ABSENCE AND RESIGNATION ..........................................115

12.1 Leaves of Absence ............................................................................................................ 115
12.2 Resignation ........................................................................................................................ 116
DIVISION 3: QUALITY AND PEER REVIEW .................................................................117
ARTICLE 13 PRACTITIONER PERFORMANCE EVALUATIONS ..............................117

13.1 General ............................................................................................................................... 117
13.2 Focused Professional Practice Evaluation for New Privileges .................................. 117
13.3 Ongoing Professional Practice Evaluation ................................................................... 118
13.4 Focused Professional Practice Evaluation for Cause .................................................. 119
13.5 Fitness for Practice Evaluations ..................................................................................... 120
13.6 Informal Remediation ..................................................................................................... 120
13.7 Progressive Measures ....................................................................................................... 120

ARTICLE 14 INVESTIGATIONS ...................................................................................... 122
14.1 Grounds for Investigation ............................................................................................... 122
14.2 Initial Review ..................................................................................................................... 122
14.3 Initiation of Investigation ................................................................................................ 123
14.4 Investigative Procedure.................................................................................................... 123
14.5 Conclusions ....................................................................................................................... 124
14.6 Notification of Investigation to System Members....................................................... 125
14.7 Information Received From Other Entities ................................................................. 125
14.8 Joint Investigations ........................................................................................................... 125
14.9 Medical Executive Committee Authority...................................................................... 126
ARTICLE 15 CORRECTIVE ACTION ............................................................................. 127

15.1 Grounds For Action......................................................................................................... 127
15.2 Authority to Impose Action............................................................................................ 127
15.3 Effective Dates of Action ............................................................................................... 127
15.4 Examples of Corrective Action ...................................................................................... 128
15.5 Additional Steps ................................................................................................................ 128
15.6 Summary Action ............................................................................................................... 129
15.7 Governing Body Right to Intercede .............................................................................. 131
15.8 Automatic Suspension, Termination, and Limitation ................................................. 132
15.9 Notification of Recommendation or Action to System Members ........................... 138
15.10 Information Received From Other Entities ................................................................. 139

ARTICLE 16 HEARINGS AND APPEAL......................................................................... 140
16.1 Scope of Article................................................................................................................. 140
16.2 Initiation of Hearing......................................................................................................... 141
16.3 Appointment of Trier of Fact and Hearing Officer .................................................... 144
16.4 Prehearing Process ........................................................................................................... 151
16.5 The Hearing ....................................................................................................................... 155
16.6 Hearing Conclusion, Deliberations, And Recommendations .................................... 160
16.7 Appeal Procedure ............................................................................................................. 161
16.8 Additional Provisions ....................................................................................................... 164
16.9 Joint Hearing ..................................................................................................................... 164

PREFACE
California law, Medicare Conditions of Participation, and accreditation standards all have specific
requirements for what must be included in the Bylaws. Outside of those requirements, there is significant
discretion as to what processes may be described in other documents. However, in some instances,
certain information should be located in the Bylaws in order to promote a coherent approach to the
process, to avoid redundancy, and to enhance ease-of-use. Therefore, these Model Bylaws are more
comprehensive than previous versions.
Whenever a Medical Staff is adopting or amending Medical Staff Bylaws, it should keep in mind
that the Medical Staff Bylaws may not conflict with the Hospital Bylaws. The documents must be
compatible with each other, so Medical Staffs should review the existing Hospital Bylaws prior to drafting
proposed Medical Staff Bylaws amendments.
Throughout the comments in this document, we refer to the Centers for Medicare & Medicaid
Services as “CMS,” and The Joint Commission as “TJC.” We also refer to another accrediting body,
DNV-GL, when discussing its National Integrated Accreditation for Healthcare Organizations (NIAHO).
Throughout this document, text appearing in black are the Model Bylaws; text appearing in red is
commentary on those Bylaws.

CHA MODEL MEDICAL STAFF BYLAWS
DIVISION 1: MEDICAL STAFF STRUCTURE
ARTICLE 1
INTRODUCTION
1.1 Name
The name of this organization is the [insert name of hospital] Medical Staff and is referred to here
as “the Medical Staff.”
1.2 Organization and Purpose
1.2.1 The Medical Staff is organized for the purpose of maintaining a high quality of
medical care provided in the Hospital and assuring the competency of the
Hospital’s Medical Staff. These Bylaws provide a framework for self-governance,
assuring an organization of the Medical Staff that permits it to discharge its
responsibilities in matters involving the quality of medical care, to govern the
orderly resolution of issues and the conduct of Medical Staff functions supportive
of those purposes, and to account to the Governing Body for the effective
performance of Medical Staff responsibilities. These Bylaws also provide the
professional and legal structure for Medical Staff operations and a framework for
the relationship between the Medical Staff and the Governing Body, and between
the Medical Staff and its members and applicants.
1.2.2 The Medical Staff acknowledges that the Governing Body is ultimately
responsible for everything at the Hospital, including the quality and safety of care,
the competency of the Medical Staff, and the responsible governance of the
Hospital. The Medical Staff commits to exercising its responsibilities with
diligence and good faith, and acknowledges that if it does not fulfill its
responsibilities, the Governing Body may act to do so; however, the Governing
Body will not assume a Medical Staff duty or responsibility precipitously,
unreasonably, or in bad faith. If the Governing Body acts to fulfill a Medical Staff
responsibility, it will do so only in the reasonable and good faith belief that the
Medical Staff has failed to fulfill that substantive duty or responsibility.
1.3 Definitions
1.3.1 ADVERSE ACTION and ADVERSE RECOMMENDATION mean actions

and recommendations, respectively, that constitute grounds for a hearing
pursuant to the Hearing and Appeals Article of the Medical Staff Bylaws.

1.3.2 ADMINISTRATOR or CHIEF EXECUTIVE OFFICER or PRESIDENT
means the person appointed by the Governing Body to serve in an administrative
capacity for the Hospital or his or her designee.
1.3.3 ADVANCED PRACTICE PROFESSIONAL (“APP”) means an Allied Health

Practitioner whose license or other legal credential permits the professional to
provide health care services at a medical level of care, whether independently or
under the supervision or order of a physician, podiatrist, dentist, or clinical
psychologist. Advanced Practice Professionals are ineligible for Medical Staff
membership, but are eligible for privileges.
The area of allied health professional law is evolving. Whereas previously, allied
health professionals tended to be discussed as a large, homogenous group, for the
purposes of Medical Staff matters, they more recently have been distinguished into
two groups: those who practice at a medical level of care (meaning, they do things
that are otherwise the practice of medicine, and are also known as “Advanced
Practice Professionals” or APPs) and, therefore, come under the Medical Staff’s
authority, and those who do not practice at that level. Examples of APPs can include,
but are not limited to, chiropractors, clinical psychologists, physician assistants, nurse
practitioners, certified nurse midwives, certified registered nurse anesthetists,
registered nurse first assistants, clinical nurse specialists, and advanced practice
pharmacists. There is, however, no legal definition or legal limit to who may or may
not be considered an APP.
Guidance from CMS and TJC suggests that advanced practice professionals should be
credentialed and granted privileges through a Medical Staff process. However, TJC
also has an FAQ that suggests this is only the case if the APP is also a “licensed
independent practitioner” (which they are not in California). TJC also provides in
recently revised Standard HR.01.02.01 that physician assistants and advanced
practice registered nurses “can be credentialed, privileged, and reprivileged through
the medical staff process or an equivalent process.” EP 2 explains what constitutes an
“equivalent process,” which includes, among other things, input from the Medical
Staff to make an informed decision regarding requests for privileges.
Regardless of the TJC’s “equivalent process” provision, viewed from a purely logic-
based perspective, if an APP is doing the same things as a physician (doing tasks that
constitute the practice of medicine, though under some level of supervision or
direction), it would be appropriate for the Medical Staff to credential APPs through a
similarly-thorough process that includes review at the departmental and committee
levels. These Bylaws and the Rules provide for such a process.
1.3.4 ALLIED HEALTH PRACTITIONER (“AHP”) means a health care

professional, other than a physician, dentist, [clinical psychologist] or podiatrist,
who holds a license or other legal credential, as required by California law, that (a)
permits the professional to provide health care services, and (b) has been
designated by the Governing Body as a profession that is eligible for Allied
Health Status. Allied Health Practitioners are ineligible for Medical Staff
membership. However, they are eligible for privileges if they are Advanced

Practice Professionals, and for practice prerogatives if they are not Advanced
Practice Professionals.
California law [Title 22, California Code of Regulations, Section 70701] limits Medical
Staff membership to physicians, dentists, podiatrists, and clinical psychologists. Allied
health practitioners are not permitted to be Medical Staff members. Although both
CMS and TJC have broadened their lists of who may serve on the Medical Staff, state
law remains a limiting factor.
Not all hospitals allow clinical psychologists to become Medical Staff members. If
clinical psychologists are not on the Medical Staff, they are included in the definition
of allied health practitioner. Include clinical psychologists in this definition only if the
Medical Staff grants them membership.
1.3.5 ALLIED HEALTH STAFF means (a) those Allied Health Practitioners who are
not employees of the Hospital but have been granted privileges or practice
prerogatives to provide certain clinical services; and (b) all Advanced Practice
Professionals, whether employed by the Hospital or not, who have been granted
privileges to provide certain clinical services.
Because Advanced Practice Professionals practice at a medical level of care, they

should be subject to Medical Staff oversight, regardless of whether or not they are
employed by the Hospital.
1.3.6 CHIEF MEDICAL OFFICER or VICE PRESIDENT OF MEDICAL

AFFAIRS means a physician appointed by the Governing Body as an
administrator who, among other duties, is a liaison between the Medical Staff and
Hospital administration.
Some hospitals have Chief Medical Officers who help the Medical Staff fulfill its
functions and who often take very active roles in quality improvement and peer
review. If a different title is used for the CMO, such as Vice President for Medical
Affairs, the definition can be revised to refer to the title. Hospitals that do not have
CMOs (or their equivalents) should delete the references and provisions throughout
the Bylaws pertaining to the CMO.
1.3.7 CHIEF OF STAFF means the chief officer of the Medical Staff elected by the
Medical Staff.
1.3.8 CLINICAL PRIVILEGES or PRIVILEGES means the permission granted by

the Governing Body to individual Medical Staff members and Advanced
Practitioner Practitioners to render specific patient services.
TJC and CMS both consider permissions granted to APPs to perform at a medical level
of care to be “privileges.” (See CMS State Operations Manual, Appendix A,
Interpretive Guideline, Section 482.12(a)(1) (Re. 172, 11-17-17) and TJC Standard
HR.01.02.01.)

1.3.9 COMPLETED APPLICATION means an application that includes all the
information requested by the Medical Staff at any time during the application
process by any person or committee charged with evaluating the application.
This definition of “completed application” limits the conclusion that an application is

“complete” until the applicant has cooperated with all requests for information. This
allows the Medical Staff to limit its evaluation of applications to those where
clarifying information, when requested, has been produced. Some hospitals, however,
may want to consider an application complete once the original application has been
filled out. If so, this definition should be revised to reflect that.
1.3.10 CONFLICT OF INTEREST means a personal or financial interest or conflicting

fiduciary obligation on the part of an individual or an immediate family member
of that individual (including a spouse, domestic partner, child or parent) that may
negatively impact, as a practical matter, the individual’s ability to act in the best
interests of the Medical Staff without regard to the individual’s private or
personal interest, or creates the impression of such a conflict.
Medical Staffs, together with the Governing Body and Administration, should develop
conflicts of interest policies. If they have done so, the definition here should be revised
to reflect the policy definition.
1.3.11 DAYS means calendar days, unless otherwise indicated.
1.3.12 DISTANT SITE HOSPITAL means a Medicare-certified hospital where a

Telehealth Provider is located.
For hospitals that are TJC-accredited originating sites, the distant site hospital and
entity also must be TJC-accredited.
1.3.13 DISTANT SITE ENTITY means an entity that provides telemedicine services
and is not a Medicare-certified hospital.
For hospitals that are TJC-accredited originating sites, the distant site hospital and
entity also must be TJC-accredited.
1.3.14 EX OFFICIO means service by virtue of office or position held. An ex officio

appointment is with vote unless specified otherwise.
Alternatively, some Hospitals and Medical Staffs may choose to adopt this as
“without vote, unless specified otherwise.”
1.3.15 GOVERNING BODY means the [board of directors], [board of trustees],

[district board] for the Hospital. As appropriate to the context and consistent
with the Hospital’s Bylaws, it may also mean any Governing Body committee or
individual authorized to act on behalf of the Governing Body.

1.3.16 GOVERNING DOCUMENTS means the documents that create a system of
rights, responsibilities, and accountability between the Medical Staff and the
Governing Body, and between the Medical Staff and its members; they include
the Hospital and Medical Staff Bylaws, Rules and Regulations, Policies and
Procedures, Department or Section Rules and Policies and Procedures, and any
other document adopted by the Hospital or Medical Staff directly applicable to
Medical Staff operations, the granting of membership or privileges on the
Medical Staff, or the exercise of privileges at the Hospital.
This definition is a new concept. It is generally common throughout Bylaws to include

several references to the “Medical Staff Bylaws, Rules and Regulations, and Policies
and Procedures.” Rather than listing each separately, this Model groups the
documents together and refers to them collectively (where appropriate) as the
“Governing Documents.”
1.3.17 HOSPITAL means [insert name of hospital], and includes all inpatient and
outpatient locations and services operating under the Hospital’s license
1.3.18 IN GOOD STANDING means a member currently meets all membership

requirements (including, but not limited to, meeting attendance requirements and
payment of dues or assessments) and is not currently under any limitation of any
Medical Staff rights or privileges. “Limitation” may include, but is not limited to,
suspension, concurrent proctoring unrelated to initial privileges, or consultation
requirement.
1.3.19 INVESTIGATION means the formal process initiated by the Medical Executive
Committee, as set forth in the Investigations Article of these Bylaws. To
constitute an investigation, this formally commenced process generally must be
the precursor to a decision regarding whether or not to take corrective action,
and is ongoing until either formal action is taken, or the investigation is closed.
Except as otherwise provided in these Bylaws, only the Medical Executive
Committee or Governing Body may take or recommend corrective action as the
result of an investigation. An investigation does not include activity of the
Medical Staff Wellbeing Committee, which lacks the authority to take or
recommend corrective action.
This new language reflects, with some slight modification, guidance provided by the
National Practitioner Data Bank as to what it considers to be an “investigation.”
Notwithstanding the above, for the purposes of complying with applicable

reporting requirements under Business and Professions Code Sections 805 and
805.01 or the National Practitioner Data Bank (collectively, “the Reporting
Requirements”), the Medical Executive Committee will, as needed and on a case-
by-case basis, evaluate whether a focused professional practice evaluation falls
within the definition or description of “investigation” under the statutes,
regulations, or guidance that govern the Reporting Requirements.

In 2015, the Health Resources and Services Administration issued an updated
National Practitioner Data Bank (NPDB) Guidebook. Among other changes, the
Guidebook clarified the definition of “investigation” as it applies to NPDB reporting.
This is important because hospitals and other entities must, in certain instances,
report when a practitioner resigns during an investigation. The 2015 Guidebook
changes suggest that, in certain instances, a “for-cause” focused professional
practice evaluation (FPPE) will be considered an “investigation” for reporting
purposes. Therefore, while we historically have asserted that only Medical Executive
Committee-initiated investigations trigger the resignation reporting requirement,
hospitals and Medical Staffs should consult with legal counsel regarding whether, in
any specific instance, they must report a resignation during an FPPE.
1.3.20 MEDICAL EXECUTIVE COMMITTEE means the executive committee of the

Medical Staff.
1.3.21 MEDICAL STAFF means the organizational component of the Hospital that
includes all Practitioners who have been granted recognition as Members
pursuant to these Bylaws.
1.3.22 MEDICAL STAFF LEADER means any Medical Staff officer, department chair
or vice chair, or committee chair.
1.3.23 MEDICAL STAFF YEAR means the period from [fill in].
1.3.24 MEMBER means, unless otherwise indicated in the Bylaws, Rules, or Policies,
any Practitioner appointed to the Medical Staff.
1.3.25 MONTHLY or ONCE A MONTH means, for the purpose of Medical Staff
committee meeting requirements, meeting at least once during at least eight
months a year.
Medical Staff committees that meet "monthly" may take some months off.
1.3.26 NOTICE means a written communication (1) sent by United States mail, first-
class postage prepaid, addressed to the addressee at the last address as it appears
in the official records of the Medical Staff or the Hospital, (2) sent by an
electronic means approved by the Medical Executive Committee as an
appropriate manner of communication, but only if directed to the Medical Staff
as a whole, a Department as a whole, or a committee as a whole, and not directed
toward an individual member, or (3) by any manner identified in the Special
Notice definition.
1.3.27 PATIENT CONTACT means any provision of medical care by a Practitioner to

a patient at the Hospital, including but not limited to, admission, consultation,
surgical or other procedure, and care management, performed in any facility
included on the Hospital’s license or provided through a telemedicine link. The
provision of medical care to a patient during a discrete admission at the Hospital

is one patient contact, regardless of the extent of medical care provided during
that admission.
Not all hospitals and Medical Staffs may define patient contacts the same way. This
definition can be altered to reflect current practice (for example, some may want to
include only hospital-based contact in this definition).
1.3.28 POLICIES AND PROCEDURES means those documents adopted as Medical

Staff policies in accordance with these Bylaws, unless specified otherwise.
“Department Policies” or “Section Policies” means the department or section
policies adopted in accordance with applicable Bylaws, Rules, or policy.
1.3.29 PRACTITIONER means a physician, podiatrist, dentist, or [clinical

psychologist].
TJC defines practitioner broadly, as “any individual who is licensed and qualified to
practice a health care profession … and is engaged in the provision of care,
treatment, or services.” For the purposes of these Bylaws, the definition is limited to
only to those professions eligible for Medical Staff membership.
This list should include only those professionals who are authorized to be appointed
to the Medical Staff. Title 22, California Code of Regulations, Section 70701(a)(1)(E)
restricts membership to “physicians, dentists, podiatrists, and clinical psychologists;”
however, dentists and podiatrists only need to be included if dental or podiatric
services are provided at the Hospital [Title 22, California Code of Regulations, Section
70703(a)(1)].
Some hospitals allow clinical psychologists to join the Medical Staff, others do not. If
psychologists are not Medical Staff members, they should not be included in this list.
Throughout these Bylaws, hospitals and Medical Staffs should evalute references to
clinical psychologists to ensure they accurately reflect their role at that institution.
That said, a health care facility owned or operated by the state that offers care or
services within a clinical psychologist’s scope of practice must establish rules,
regulations and procedures for consideration of an application for Medical Staff
membership and clinical privileges submitted by a clinical psychologist.
1.3.30 RULES AND REGULATIONS or RULES means the Medical Staff Rules and
Regulations adopted in accordance with these Bylaws unless specified otherwise.
“Department Rules” or “Section Rules” means the department or section rules
adopted in accordance with applicable Bylaws, Rules, or policy.
1.3.31 SPECIAL NOTICE means a notice sent by (1) certified or registered mail, return
receipt requested, (2) via a courier delivery service that documents delivery (such
as, but not limited to, FedEx or UPS), or (3) hand-delivery, with a signed receipt
(or, if there is a refusal to sign, documentation that it was delivered).

1.3.32 SYSTEM means [insert name of health system].
“System” should be defined for hospitals that are part of a health system and choose
to implement cooperative credentialing and peer review among the health system
entities. Throughout these Bylaws, enabling language authorizes such cooperative
arrangements. Hospitals that are not part of a health system, or that do not wish to
participate in such cooperative arrangements, should not adopt the system-oriented
provisions that are identified by the term “System” or “System Member.”
1.3.33 SYSTEM MEMBER means a facility or entity (such as an affiliated hospital,

urgent care center, surgery center, foundation or other entity) that is part of the
system.
“System” should be defined for hospitals that are part of a health system and choose
to implement cooperative credentialing and peer review among the health system
entities. Throughout these Bylaws, enabling language authorizes such cooperative
arrangements. Hospitals that are not part of a health system, or that do not wish to
participate in such cooperative arrangements, should not adopt the system-oriented
provisions that are identified by the term “System” or “System Member.”
1.3.34 TELEHEALTH means the mode, as defined by law, of delivering health care
services and public health via information and communication technologies to
facilitate the diagnosis, consultation, treatment, education, care management, and
self-management of a patient’s health care while the patient is at the originating
site and the health care provider is at a distant site. Telehealth includes
synchronous (real time) interactions and asynchronous store and forward
transfers of patient information without the presence of the patient.
Definition adapted from California Business and Professions Code Section 2290.5.
1.3.35 TELEMEDICINE means that subset of Telehealth services delivered to Hospital

patients by Practitioners or Allied Health Staff.
1.3.36 TELEHEALTH PROVIDER or TELEMEDICINE PROVIDER means

Practitioners or Allied Health Staff who have been granted privileges by this
Hospital to provide services only via Telehealth modalities.
1.4 Delegation of Tasks
1.4.1 The Governing Body, the Hospital administration, or a Medical Staff Leader may
delegate the tasks assigned to them by the Governing Documents to appropriate
designees, unless the Governing Documents express otherwise, or such
delegation is contrary to law or accreditation requirement.
This is a new provision that Medical Staffs may want to consider, but that also carries
some risk. Delegation can help promote efficiency in Medical Staff operations and
limit the need to repeatedly include the phrase, “or designee,” in Governing
Documents. However, delegation also can be misused if not carefully exercised and
monitored. When considering this paragraph, Medical Staffs and hospitals should

evaluate how delegation is currently used in their hospital and whether they can
provide the appropriate oversight.
1.4.2 When a Medical Staff Member is unable to perform an assigned task, a Medical
Staff Leader may perform the task or delegate it to another appropriate designee.
If there are any questions as to who should perform the task, the Chief of Staff
shall make the assignment.
1.4.3 Any member who acts in the name of this Medical Staff without proper authority
shall be subject to disciplinary action.
1.5 Medical Staff Responsibilities
The Medical Staff is responsible to the Governing Body for the following:
1.5.1 The adequacy and quality of care rendered to patients;
Title 22, California Code of Regulations, Section 70703(a).
1.5.2 Initiating, developing, and adopting Medical Staff Bylaws, rules, and regulations,
and amendments thereto, subject to the approval of the Governing Body, which
approval shall not be unreasonably withheld;
California Business and Professions Code Section 2282.5 (a)(6), and Title 22, California
Code of Regulations, Section 70703(b).
1.5.3 Assuring that the Bylaws provide formal procedures for the evaluation of staff
applications and credentials, appointments, reappointments, assignment of
clinical privileges, appeals mechanisms and such other subjects or conditions
which the Medical Staff and Governing Body deem appropriate;
1.5.4 Abiding by and establishing a means of enforcement of its Bylaws;
1.5.5 Establishing clinical criteria and standards for Medical Staff membership and
privileges, and enforcing those criteria and standards;
California Business and Professions Code Section 2282.5(a)(1).
1.5.6 Making recommendations regarding granting membership and delineating

privileges;
1.5.7 Establishing clinical criteria and standards to oversee and manage quality
assurance, utilization review, and other Medical Staff activities including, but not

limited to, periodic meetings of the Medical Staff and its committees and
departments and review and analysis of patient medical records;
California Business and Professions Code Section 2282.5(a)(2).
1.5.8 Organizing committees to fulfill the functions required by state and federal law or
accreditation standards, or as otherwise requested by the Governing Body;
1.5.9 Providing leadership to departments/services;
1.5.10 Providing ongoing evaluation of care;
1.5.11 Organizing and supporting professional education and community health

education and support services;
1.5.12 Investigating, when authorized by these Bylaws, members or Allied Health Staff
and taking corrective action where warranted;
1.5.13 Providing processes for fair hearings;
1.5.14 Operating in a manner that permits the Hospital to meet its obligations to the
community, as well as to comply with state and federal law and accreditation
standards;
1.5.15 Exercising its rights and responsibilities in a manner that does not jeopardize the
Hospital’s license, Medicare and Medi-Cal provider status, accreditation, or [tax
exempt status].
1.6 Self Governance and Independent Rights
California Business and Professions Code Section 2282.5 provides that the Medical Staff has
certain self-governance rights. We detail them here.
1.6.1 The Medical Staff’s right to self-governance includes:
(a) Establishing, in Medical Staff Bylaws, rules, or regulations, criteria and

standards for Medical Staff membership and privileges, and enforcing
those criteria and standards.
(b) Establishing, in Medical Staff Bylaws, rules, or regulations, clinical criteria

and standards to oversee and manage quality assurance, utilization review,
and other Medical Staff activities including, but not limited to, periodic
meetings of the Medical Staff and its committees and departments and
review and analysis of patient medical records.
(c) Selecting and removing Medical Staff officers.
(d) Assessing Medical Staff dues and utilizing the Medical Staff dues as
appropriate for the purposes of the Medical Staff.

(e) The ability to retain and be represented by independent legal counsel at
the expense of the Medical Staff.
This right applies to University of California Medical Staffs only “upon

approval by the Regents of the University of California or their designee in
accordance with the Bylaws of the Regents, which approval shall not be
unreasonably denied.”
(f) Initiating, developing, and adopting Medical Staff Bylaws, rules, and
regulations, and amendments thereto, subject to the approval of the
Governing Body, which approval shall not be unreasonably withheld.
1.6.2 The Medical Staff has certain independent rights with which the Governing Body
may not interfere. Those rights are:
(a) Right to counsel. Upon the authorization of the Medical Executive

Committee, the Medical Staff may retain and be represented by
independent legal counsel, who shall be compensated through Medical
Staff funds.
(b) Right to dues. The Medical Staff has the ability to assess dues and use
them for its own purposes.
(c) Right to select officers. The Medical Staff may select and remove Medical
Staff officers without interference.
1.7 Meet and Confer
The Medical Staff and the Governing Body shall meet and confer in good faith to resolve any
disputes regarding the Medical Staff’s rights and responsibilities and any disputes regarding the operation
or outcome of the processes detailed in the Governing Documents; if necessary, the Medical Staff and
Governing Body shall follow the conflict resolution process referenced in the Rules.
California Business and Professions Code, Section 2282.5(c), requires the Medical Staff and Governing
Body to "meet and confer" for disputes over independent rights. In this section, the Model broadens
the “meet and confer” application beyond disputes over the Medical Staff’s independent rights to
include almost any matter in which the Medical Staff and Governing Body are jointly involved. The
goal of broadening the meet and confer provision is to encourage the Medical Staff and Governing
Body to work together to collegially address disputes over a broad range of issues.
1.8 Health System Affiliation
This Hospital is part of, or affiliated with, the System. To maintain high professional standards
and provide efficient patient care and support services, the Hospital and Medical Staff are authorized to
work cooperatively with other System Members and affiliates to develop processes and policies for
cooperation in fulfilling the Medical Staff’s responsibilities, including those involving committees,
credentialing, peer review, investigations, corrective action, and hearings. In developing these processes
and policies, the Hospital and Medical Staff shall ensure that this cooperation does not limit the

Hospital’s or Medical Staff’s ability to meet its own legal and accreditation responsibilities.
These are optional provisions for facilities that want cooperative appointment, reappointment, and
peer review procedures with other System Members. Such cooperative processes are generally
advisable only where the System Members are located in the same geographic area and the involved
practitioner seeks membership at more than one facility or entity in that area (this could include
geographically proximate hospitals, surgery centers, medical foundations, etc.).

ARTICLE 2
OFFICERS, MEMBERS AT LARGE, AND CHIEF MEDICAL OFFICER
TJC requires that all members of the Medical Staff, including podiatrists, dentists, and clinical
psychlogists (if staff members), be eligible to be members of the MEC. One or more at-large positions
helps accommodate this.
2.1 Identification of Officers
TJC Standard MS.01.01.01, EP 19, requires the Bylaws to include a list of all Medical Staff
officer positions. Medical Staffs have discretion as to which officer positions they have and
what they are called. This list is only an example of possible officers.
The officers of the Medical Staff are:
2.1.1 Chief of Staff
2.1.2 Vice Chief
Some hospitals refer to this officer as the “Chief of Staff Elect,” especially if the officer
automatically succeeds the Chief of Staff at the end of the term.
2.1.3 Secretary/Treasurer
2.1.4 Immediate Past Chief of Staff
2.2 Qualifications
Several of these qualifications are optional; they are suggestions to establish commitment to
service.
Officers of the Medical Staff must:
2.2.1 Be a physician, dentist, or podiatrist;
Changes to the Medicare Conditions of Participation in 2014 allows dentists and

podiatrists, along with physicians, to serve as chief of staff if permitted under state
law. California law does not prohibit such service, though Medical Staffs can consider
limiting these offices to physicians, given the broad responsibilities of the office
holders suggest. Before doing so, Medical Staffs should consult with legal counsel to
determine whether such limitations would implicate anti-discrimination laws.
2.2.2 Have served on the Active Staff for at least ______ years prior to nomination;

2.2.3 Have served on a Medical Staff committee or been involved in performance
improvement functions for at least two years prior to nomination, or have served
as a Department Chair;
2.2.4 Be members of the Active Staff in good standing at the time of nomination and
election, and remain members of the Active Staff in good standing throughout
their term;
This can include other staff categories (defined in the Membership Status Article);
generally, officers should be members who are actively practicing at the Hospital.
2.2.5 At the time of nomination and election, not be subject to any adverse
recommendations that, if become final, would limit the Practitioner’s
appointment or privileges;
2.2.6 Disclose all conflicts of interests, as defined in the Governing Documents, and
not have any disqualifying conflict of interest as defined in the Governing
Documents; and
TJC Standard LD.02.02.01 requires the hospital leadership groups to work together to
define in writing what constitutes conflicts of interests that could affect safety and
quality of care, treatment, and services. They also must develop a written policy
defining how conflicts of interests will be addressed, and that such conflicts are
disclosed.
2.2.7 Demonstrate an understanding of the Medical Staff’s purposes and functions,

including the Medical Staff’s responsibilities to the Governing Body.
2.2.8 Be willing to faithfully discharge the duties and responsibilities of the position.
2.3 Terms of Office
2.3.1 Elections are held in the fall of odd-numbered years and Officers shall take office
the following January.
2.3.2 The term of office shall be two years. No officer shall serve consecutive terms in
the same position.
Two-year terms are recommended to build skills and continuity of leadership. Medical
Staffs also can choose to allow officers to serve consecutive terms.
2.4 General Responsibilities
All officers of the Medical Staff are representatives of the Medical Staff and must:
2.4.1 Understand and work toward the fulfillment of the Medical Staff purpose and
responsibilities, as described in Article 1;

2.4.2 Promote compliance with the Governing Documents by all Medical Staff
members;
2.4.3 Represent the needs of Medical Staff members; and
2.4.4 Comport themselves in a responsible, professional, and collegial manner.
2.5 Specific Duties
2.5.1 Chief of Staff. The Chief of Staff serves as the chief officer of the Medical Staff.
The Chief of Staff’s duties include, but are not limited to:
(a) Being responsible for the organization and conduct of the Medical Staff;
(b) Enforcing the Governing Documents;
(c) Promoting quality of care, implementing sanctions when indicated, and

promoting compliance with procedural safeguards when corrective action
has been requested or initiated;
(d) Calling, presiding at, and being responsible for the agenda of all meetings
of the Medical Staff;
(e) Serving as Chair of the Medical Executive Committee with vote;
(f) Serving as an ex officio member of all other Medical Staff committees

without vote, unless otherwise provided in the Governing Documents;
(g) Appointing, in consultation with the Medical Executive Committee,

committee members for all standing, ad hoc, and special Medical Staff,
liaison, or multi-disciplinary committees, except where otherwise
provided by the Governing Documents, and designating the Chairs of
these committees, except where otherwise provided by the Governing
Documents;
(h) Serving as, or appointing members of the Medical Staff to serve as, a
Medical Staff liaison to participate in the development of Hospital
policies;
Title 22, California Code of Regulations, Section 70701(a)(9), provides that

the Bylaws shall include an effective formal means for the Medical Staff, as a
liaison, to participate in the development of all hospital policies.
(i) In the interim between Medical Executive Committee meetings,

performing those responsibilities of the committee that, in his or her
reasonable opinion, must be accomplished prior to the next regular or
special meeting of the committee;

(j) Being a spokesperson for the Medical Staff in external professional and
public relations;
(k) Consulting directly with the Governing Body periodically (and at least
twice) throughout the year about, at a minimum, the quality of medical
care provided to Hospital patients;
Medicare Conditions of Participation, 42 C.F.R. Section 482.12(a)(10)
(l) Serving on liaison committees with the Governing Body and Hospital
administration, as well as outside licensing or accreditation agencies;
(m) Interacting with the Chief Executive Officer and Governing Body in all
matters of mutual concern within the Hospital and communicating to the
Medical Staff any concerns expressed by the Governing Body;
(n) Representing the views and policies of the Medical Staff to the
Governing Body and to the Chief Executive Officer and serving as an ex-
officio member of the Governing Body [without vote];
Some hospitals have the Chief of Staff serve on the Governing Body with
vote; other hospitals do not. District hospitals must review the law regarding
their governance when determining whether the Chief of Staff may vote.
(o) Regularly reporting to the Governing Body on the performance of

Medical Staff functions;
(p) Being accountable to the Governing Body, in conjunction with the

Medical Executive Committee, for the Medical Staff’s effective
performance of its responsibilities; and
(q) Performing such other functions as may be assigned to him or her by

these Bylaws, the Medical Staff, or the Medical Executive Committee.
2.5.2 Vice Chief. The Vice Chief’s duties include, but are not limited to:
(a) Assuming the duties of the Chief of Staff and acting with full authority as
Chief of Staff in his or her absence;
(b) Serving on the Medical Executive Committee;
(c) Performing other duties as assigned by the Chief of Staff or the Medical
Executive Committee, or as delineated in the Governing Documents; and
(d) [Automatically succeeding the Chief of Staff at the beginning of the next
Medical Staff term or sooner should the office become vacant for any
reason during the Chief of Staff’s term of office.]

Not all Medical Staffs have the Vice Chief automatically succeed the Chief of
Staff. Accession of the Vice Chief helps to assure better continuity and
preparation for the responsibilities of the position, but it requires a longer
commitment by the member.
2.5.3 Secretary-Treasurer. The Secretary-Treasurer’s duties include, but are not limited
to:
(a) Serving on the Medical Executive Committee;
(b) Overseeing compliance with the notice requirements detailed in these

Bylaws as they relate to Medical Staff meetings, elections, and document
amendment;
(c) Overseeing the keeping of accurate and complete minutes of meetings of

the Medical Executive Committee and Medical Staff;
(d) Preparing an annual proposed Medical Staff budget of anticipated income

and expenditures, to be approved by the Medical Executive Committee
and distributed to the Medical Staff for its consideration at the Annual
Meeting;
(e) Overseeing the collection of, safeguarding of, and accounting for any
Medical Staff funds and making disbursements authorized by the Medical
Executive Committee;
(f) Reporting on the Medical Staff finances to the Medical Executive

Committee at least quarterly and at the General Medical Staff meeting, or
as otherwise detailed in any Medical Staff policy regarding accounting and
reporting;
(g) Performing other duties as assigned by the Chief of Staff or the Medical
Executive Committee, or as delineated in the Governing Documents.
2.5.4 Immediate Past Chief of Staff. The Immediate Past Chief of Staff’s duties
include, but are not limited to:
(a) Serving on the Medical Executive Committee;
(b) Serving as an advisor to other Medical Staff Leaders; and
(c) Performing other duties as are assigned by the Chief of Staff or the
Medical Executive Committee, or as are delineated in the Medical Staff
Bylaws, Rules, or policies.

2.6 At-Large Members
If the Medical Staff limits officer positions to physicians, then TJC–accredited organizations
should adopt one or more at-large member positions to assure that non-physician Medical
Staff members have the opportunity to serve on the Medical Executive Committee, as required
by TJC Standard MS.02.01.01, EP 3.
2.6.1 The Medical Staff shall select _____ members-at-large. Members-at-large are not
officers.
2.6.2 At the time of nomination, election, and throughout their term, members-at-large
must be in good standing and not be subject to any adverse recommendation
that, if it were to become final, would limit the Practitioner’s appointment or
privileges.
2.6.3 Candidates for member-at-large positions must disclose all conflicts of interests,
as defined in the Governing Documents, and not have any disqualifying conflict
of interest as defined in these Medical Staff Bylaws, Rules, or policy.
2.6.4 Members-at-large shall serve on the Medical Executive Committee.
2.7 Nominations
All the time frames for nominations and elections may be revised to meet the Medical Staff’s
needs, as long as a fair election process is maintained.
Nominations for office or member-at-large positions are made by the nominating committee or
by petition, as described below. Due to the requirement to determine the qualifications of candidates and
to disclose conflicts of interests prior to elections, nominations from the floor shall not be accepted
during any election.
Medical Staffs that allow nominations from the floor should delete the sentence above.
2.7.1 By Committee
(a) At least 150 days prior to an election being held, the Medical Executive
Committee shall appoint a nominating committee. The nominating
committee will include the Chief of Staff, the Immediate Past Chief of
Staff, and at least three other members selected by the Medical Executive
Committee. The nominating committee shall meet at least 120 days prior
to the scheduled election.
There is flexibility in the composition of this committee; what is described

here is only one option.
(b) At least 90 days prior to the election, the nominating committee shall
request names of potential candidates from members of the Medical
Staff. Such request can be made either by mail, email, or by posting the
request in Medical Staff common areas, or any combination of those

means. The nominating committee is not obligated to include any names
it receives as a result of this request on the slate of candidates submitted
to the Medical Staff.
(c) The nominating committee shall confirm that any potential candidate
meets the qualifications set forth in this Article, is willing to serve if
elected, and fulfills the conflicts of interest obligations as defined in the
Governing Documents.
(d) At least 60 days before the election, the nominating committee shall
develop a slate of candidates meeting the qualifications for the position
for which they are being nominated. At least one candidate shall be
nominated for each of the following positions:
(i) [Chief of Staff]
This is only if the Vice Chief does not automatically become Chief of
Staff at the end of the term.
(ii) Vice Chief
(iii) Secretary-Treasurer
(iv) Member-at-large, if any positions are open for election
2.7.2 By Petition
The Medical Staff can nominate candidates for any open office or member-at-
large position by petition signed by at least 25% of members eligible to vote. The
candidate must meet the qualifications detailed in this Article, and the candidate’s
name and proposed office must appear on each page of the petition where
signatures appear. The candidate must submit a statement signifying a willingness
to run. Such nominations must be received by the Chief of Staff at least 30 days
prior to ballots being distributed.
2.8 Election
2.8.1 The election may be held either by mail ballot or by an electronic means
approved by the Medical Executive Committee and the Governing Body at least
six months prior to the election. Any approved electronic means shall provide for
voter security and confidentiality and shall be detailed in a written policy that is
distributed to the Medical Staff.
2.8.2 At least 15 days prior to the deadline to return the ballots or vote electronically,
the ballot with the slate of candidates and the conflicts of interest form filled out
by each candidate pursuant to the Governing Documents shall be sent to the
voting members of the Medical Staff. The ballot may be sent by mail or by an

electronic means and shall identify the deadline for the return of ballots or for
voting electronically. Ballots received after the deadline shall not be counted.
2.8.3 The Chief of Staff shall appoint a Medical Staff member who is not a candidate
for office to monitor and validate the election process.
2.8.4 The candidate receiving a simple majority of votes shall be elected. If there are
three or more candidates and none receive a simple majority, there shall be a run-
off election between the two candidates receiving the highest number votes. The
Medical Executive Committee shall approve a process for a timely run-off
election.
This Model does not include a minimum number of votes that must be received for an
election to be valid. Medical Staffs can include such a minimum – for example,
requiring ballots from at least 25% of those members eligible to vote in order for the
results to be calculated.
2.8.5 In an election or run-off where each of two candidates receive 50% of the vote,
the majority vote of the Medical Executive Committee shall decide the election
by secret written ballot at its next meeting or a special meeting called for that
purpose.
2.9 Recall of Officer or Member-at-Large
2.9.1 A Medical Staff officer or member-at-large may be recalled from office for any of
the following:
(a) Failing to comply with the Governing Documents;
(b) Failing to perform the duties of the position held;
(c) Failing to demonstrate a willingness to promote patient safety over all

other concerns;
(d) Demonstrating an unwillingness to work with the Hospital toward

attaining its lawful and reasonable goals;
(e) Conduct detrimental to the interests of the Medical Staff or the Hospital;
(f) Demonstrating an inability to work with and motivate others to achieve

the objectives of the Medical Staff organization in the context of the
Hospital’s lawful and reasonable objectives.
(g) Any condition that renders the individual incapable of fulfilling the duties
of that office; or
(h) Failure to continuously meet the qualifications for the office or position.

2.9.2 Recall of a Medical Staff officer or member-at-large may be initiated by a majority
of the Medical Executive Committee or by a petition signed by at least one-third
of the Medical Staff members eligible to vote for officers. On each page where
signatures appear, the petition must include the name and office of the person
proposed to be subject to the recall and state that the purpose of the petition is to
call for a recall vote.
2.9.3 Upon the initiation of the recall process, the Medical Executive Committee shall
set a date for the vote on recall by those Medical Staff members eligible to vote
for officers. The date of the vote shall be no later than 45 days after the initiation
of the recall process. The individual subject to the recall vote shall be given at
least 15 days’ Special Notice prior to the recall vote and may submit a written
statement to the Medical Executive Committee and to the Medical Staff prior to
the vote.
2.9.4 Recall shall require a two-thirds vote in favor of recall by those Medical Staff
members eligible to vote for officers and who timely cast a ballot.
This means that recall is effective if the vote is in favor by two-thirds of votes
received. Another option would be to instead require that at least two-thirds of all
Medical Staff members eligible to vote do so in favor of the recall.
2.10 Vacancies
Vacancies in office occur upon resignation, removal, death, or failure to continuously meet the
qualifications of office. Vacancies shall be filled as follows:
2.10.1 If there is a vacancy in the office of Chief of Staff, the Vice Chief will serve until
the end of the unexpired term of the Chief of Staff. If the unexpired term is less
than one year, then the Vice Chief who served out that term shall continue to
serve as Chief of Staff for the following two-year term.
Do not include this sentence if the Medical Staff elects a new Chief of Staff every two
years. This provision only applies if the Vice Chief automatically succeeds the Chief of
Staff at the end of the terms. In those cases, the provision addresses instances where
a Vice Chief assumes a vacancy for a very brief period; with this sentence, the Vice
Chief will stay in that role to the expiration of the original term, plus the two-year
term to which he or she was expected to succeed.
2.10.2 If there is a vacancy in the office of Vice Chief, the Medical Executive Committee
will appoint an individual who satisfies the officer qualifications set forth in in
this Article to the office if the vacancy is for a period of less than one year. If the
vacancy occurs one year or more prior to the next term, the MEC shall hold a
special election for Vice Chief. The Vice Chief elected in the special election shall
automatically succeed the Chief of Staff at the beginning of the next Medical Staff
term.

Do not include this sentence if the Medical Staff elects a new Chief of Staff every two
years. This provision only applies if the Vice Chief automatically succeeds the Chief of
Staff at the end of the terms.
2.10.3 If there is a vacancy in the office of Secretary-Treasurer, or of a member-at-large

of the Medical Executive Committee, the Medical Executive Committee will
appoint an individual who satisfies the qualifications for the position in issue set
forth in this Article until a special election can be held at the discretion of the
Medical Executive Committee.
2.10.4 Vacancies in the office of Immediate Past Chief of Staff will not be filled.
2.11 Chief Medical Officer
This section should be included only if the Hospital has a Chief Medical Officer.
2.11.1 Appointment
The Chief Medical Officer shall be appointed by the Governing Body after soliciting input
from the Medical Executive Committee. The Medical Executive Committee shall
participate in the interview process for the selection of a Chief Medical Officer.
2.11.2 Responsibilities
(a) The Chief Medical Officer’s duties are delineated by the Governing Body
in keeping with the general provisions set forth in subparagraph (b)
below. The Medical Executive Committee approval is required for any
Chief Medical Officer duties that relate to authority to perform functions
on behalf of the Medical Staff or directly affect the performance or
activities of the Medical Staff.
(b) The Chief Medical Officer shall:
(i) Serve as administrative liaison among Hospital administration,

the Governing Body, outside agencies and the Medical Staff;
(ii) Assist the Medical Staff in performing its assigned functions and
coordinating such functions with the responsibilities and
programs of the Hospital; and
(iii) In cooperation and close consultation with the Chief of Staff and
the Medical Executive Committee, supervise the day-to-day
performance of the Medical Staff office and the Hospital’s quality
improvement personnel.

2.11.3 Participation in Medical Staff Committees
The Chief Medical Officer:
(a) Shall be an ex officio member without vote, unless otherwise provided in

the Governing Documents, of all Medical Staff Committees, except the
Joint Conference Committee (which the Chief Medical Officer shall
attend as a resource person) and any hearing committee.
(b) May attend any department or section meeting.

ARTICLE 3
DEPARTMENTS/SERVICES
Medicare Conditions of Participation, 42 C.F.R. Section 482.22(c)(3), requires the Bylaws to describe
the Medical Staff’s organizational structure. This is also required in TJC Standard MS.01.01.01, EP 12.
This Article is designed to meet that requirement.
Some hospitals have begun opting for "service lines" over departments. Because delegation of
departments appears to remain the dominant Medical Staff structure at this time, we are keeping the
term "Departments" in this model. Hospitals should revise the term if necessary to best fit their needs,
and make appropriate revisions throughout the document.
The following provisions apply for departmentalized Medical Staffs. Some hospitals have many
departments, while smaller hospitals may not have any. If the Medical Staff is not organized into
departments, this Article should be deleted, and the Medical Staff should evaluate whether the
functions described here should be assigned to a Medical Staff Committee.
3.1 Organization of Clinical Departments
3.1.1 The Medical Staff shall be organized into clinical departments.
3.1.2 The departments shall fulfill the clinical, administrative, quality improvement, risk
management, utilization management, and collegial and education functions as
described in the Governing Documents.
3.1.3 Subject to the Governing Body’s approval, the Medical Executive Committee may
create, eliminate, or combine departments for better organizational efficiency, or
may divide them into sections or divisions.
3.1.4 Each member shall be assigned membership in at least one department and shall
comply with the responsibilities of membership in any department or any section
or division to which he or she is assigned.
3.2 Identification of Departments
Although this Model includes almost all the details regarding department structure in the
Bylaws, identifying the departments in the Rules, rather than in the Bylaws, makes
reorganization an easier process.
The departments of the Medical Staff are identified in the Medical Staff Rules.
3.3 Functions of Departments
The Departments shall be responsible for the following, in accordance with the Governing
Documents:

3.3.1 Conducting performance evaluations and monitoring of all department members
and APPs exercising privileges in the department and continuous assessment and
improvement of the quality of care, treatment and services (including periodic
demonstrations of ability).
3.3.2 Credentials review.
3.3.3 Recommending to the Medical Executive Committee criteria for granting clinical
privileges and performing specified services within the department.
3.3.4 Initiating and assisting in the conduct of performance improvement and corrective
action, when indicated.
3.3.5 Conducting orientations and continuing education consistent with any relevant
3.3.6 Planning and budget review, including making recommendations regarding space
and other resources needed by the department.
3.3.7 Meeting regularly to perform its functions and reporting to the Medical Executive
Committee regarding its activities and recommendations for improvement.
There is no specific requirement for how often a department must meet. However,
regular meetings are recommended to ensure that its functions are fulfilled.
3.3.8 Any additional responsibility assigned by the Medical Executive Committee.
3.4 Department Meetings and Committees
The department may develop committees to fulfill the department’s functions. These committees
constitute Medical Staff committees. Each department or its committees, if any, must meet regularly to
carry out its duties.
3.5 Sections
Some hospitals and Medical Staffs refer to these units as “Divisions.”
Within each department, the Practitioners of the various specialty groups may organize
themselves as a clinical section, subject to the approval of the Medical Executive Committee and
Governing Body. Each section may develop rules specifying the section’s purpose and responsibilities, the
qualifications for section leaders, its method of selecting section leaders, and section leaders’
responsibilities. These rules shall be effective when approved by the Department, Medical Executive
Committee, and Governing Body. Section leaders report directly to the Department Chair. While sections
may assist departments in performance of departmental functions, responsibility and accountability for
performance of departmental functions shall remain at the departmental level.

Medical Staffs approach sections (or divisions) in different ways. The language here gives sections
discretion in the selection of leaders; however, Medical Staffs may want to develop universal rules for
how section leaders are selected, and what responsibilities those leaders have.
3.6 Department/Service Officers
3.6.1 Qualifications
Each department shall have a chair and vice-chair. The chair and vice chair shall:
(a) Be members of the Active Staff in good standing at the time of

nomination and election and remain members of the Active Staff in good
standing throughout their term;
The qualifications identified here are, except as otherwise indicated,

optional.
(b) At the time of nomination and election, not be subject to any adverse
recommendation that, if it becomes final, would limit the Practitioner’s
appointment or privileges;
The qualifications identified here are, except as otherwise indicated,

optional.
(c) Disclose all conflicts of interests, as defined in the Governing

Documents, and not have any disqualifying conflict of interest as defined
in the Governing Documents;
(d) Be qualified by licensure and have demonstrated ability in at least one of

the clinical areas covered by the department.
(e) Be certified by an appropriate specialty board, unless no one so certified

is available;
TJC Standard MS.01.01.01 requires department chairs to be board certified

or “hold comparable competence.” Title 22, California Code of Regulations,
has multiple provisions requiring, where feasible, board certification for
certain departments. The Model Bylaws default to requiring board
certification to ensure the standard is met.
(f) Be willing to faithfully discharge the duties and responsibilities of the

position.
3.6.2 Responsibility of Chair
TJC MS.01.01.01, EP 3, provides that the requirements of EP 36 must be stated in the

Bylaws. The below paragraphs (a) through (o) accomplish this. The paragraphs that
follow (o) include additional common department chair responsibilities.

The department chair’s roles and responsibilities include at least the following:
(a) Clinically-related activities of the department.
(b) Administratively-related activities of the department, unless otherwise

provided by the Hospital.
(c) Continuing surveillance of the professional performance of all individuals

in the department who have delineated clinical privileges.
(d) Recommending to the Medical Staff the criteria for clinical privileges that
are relevant to the care provided in the department.
(e) Recommending clinical privileges for each member of the department.
(f) Assessing and recommending to the relevant Hospital authority off-site

sources for needed patient care, treatment, and services not provided by
the department or the organization.
(g) Integration of the department or service into the primary functions of the
organization.
(h) Coordination and integration of interdepartmental and intradepartmental

services.
(i) Development and implementation of policies and procedures that guide

and support the provision of care, treatment, and services.
(j) Recommendations for a sufficient number of qualified and competent

persons to provide care, treatment, and services.
(k) Determination of the qualifications and competence of department or

service personnel who are not licensed independent practitioners and
who provide patient care, treatment, and services.
(l) Continuous assessment and improvement of the quality of care,

treatment, and services.
(m) Maintenance of quality control programs, as appropriate.
(n) Orientation and continuing education of all persons in the department.
(o) Recommending space and other resources needed by the department or

service.
(p) Chairing all department meetings.

(q) Serving as an ex officio member of all committees of his or her
department and attending such committee meetings as deemed necessary
for adequate information flow.
(r) Assuring that records of performance are maintained and updated for all
members of his or her department.
(s) Reporting on activities of the Medical Staff to the Governing Body when
called upon to do so by the Chief of Staff or the Chief Executive Officer.
(t) Serving as a member of the Medical Executive Committee, if identified as

a Medical Executive Committee member.
(u) Performing such additional responsibilities as may be delegated to him or

her by the Medical Executive Committee or the Chief of Staff.
3.6.3 Responsibility of Vice Chair
Each Vice Chair shall assist the Department Chair to perform his or her duties
and, in the absence or disability of the Department Chair, be responsible for
performing the duties of the Department Chair. This includes, but is not limited
to, assuming the Chair’s voting rights on all Medical Staff or Department
Committees. The Vice Chair also shall perform any other duties assigned by the
Department Chair or the Medical Executive Committee.
3.6.4 Nominations
(a) In a voting year for the Department, each department through its
Department Committee, or through a Nominating Committee that
includes at least three active staff members from the department
appointed by the Department Chair, shall nominate at least one person
meeting the qualifications in this Article for each of the offices of Chair
and Vice Chair.
(b) In addition, the department members may select candidates for office by
a petition signed by at least 25% percent of active staff members from
the department. The candidate must meet the qualifications detailed in
this Article, and the candidate’s name and proposed office must appear
on each page where signatures appear. The candidate must submit a
statement signifying a willingness to run. Such nominations must be
received by the department Chair or Nominating Committee at least 45
days prior to the scheduled elections.
(c) All nominees for election to department offices shall, at least 30 days
prior to the date of election, disclose all conflicts of interests, as defined
in the Governing Documents, in writing to the department Chair or
Nominating Committee. The department Chair or Nominating
Committee shall evaluate the significance of such disclosures and discuss
any significant conflicts with the nominee.

3.6.5 Election
(a) The election shall be held at least 30 days prior to the end of the current
department officers’ terms.
(b) The election may be held via any manner approved for the election of
Medical Staff Officers, or by an in-person vote at any special or regularly-
scheduled Department meeting where the election was on the agenda and
the agenda was sent to all voting members at least 15 days prior to the
meeting.
(c) For elections that occur at a Department meeting, notice of the slate of
candidates and the conflicts of interest form filled out by each candidate
pursuant to the Governing Documents shall be sent to all voting
members at least 15 days prior to the meeting. The election shall take
place at the meeting, via secret ballot.
(d) For elections that occur via mail or electronic vote, at least 15 days prior
to the deadline to return the ballots or to vote electronically, the ballot
with the slate of candidates and the conflicts of interest form filled out by
each candidate pursuant to the Governing Documents shall be sent to
the voting members of the Department. The ballot shall identify the
deadline, if any, for the return of ballots or for voting electronically.
Ballots received after the deadline shall not be counted.
(e) The candidate receiving a simple majority of votes shall be elected. If

there are three or more candidates and none receive a simple majority,
there shall be a run-off election between the two candidates receiving the
highest number votes. The Medical Executive Committee shall approve a
process for a timely run-off election.
The Model does not include a minimum number of votes that must be
received. Medical Staffs can include a minimum for the election to be valid
(for example, ballots from at least 25% of voting members).
(f) In an election or run-off where each of two candidates receive 50% of

the vote, the majority vote of the Medical Executive Committee shall
decide the election by secret written ballot at its next meeting or a special
meeting called for that purpose.

3.6.6 Term of Office
(a) The Medical Executive Committee shall determine which years each
department holds elections. The Chairs and Vice Chairs shall take office
the January following the election.
Some Medical Staffs choose to stagger department elections to preserve

some continuity of leadership, especially if department chairs also serve on
the Medical Executive Committee.
(b) The term of office shall be two years.
3.6.7 Recall
Department Chairs and Vice Chairs may be recalled for the reasons identified for
the recall of Medical Staff Officers, and in a manner consistent with the process
for the recall of Medical Staff Officers, except that (a) for recall not initiated by
the Medical Executive Committee, only members of the department eligible to
vote may sign the petition to initiate the recall and vote in the recall election; (b)
the department leader’s written statement, if any, shall be sent only to department
members, and (c) no removal shall be effective until it is ratified by the Medical
Executive Committee.
3.6.8 Vacancies
Vacancies in the office of Department Chair shall be filled by the Vice Chair.
Vacancies in the office of Vice Chair shall be filled via special election if a year or
more is left in the term, and by appointment by the Chair after consultation with
the Department members if less than a year is left in the term.

ARTICLE 4
COMMITTEES
There are a variety of ways to organize Medical Staff committees. Smaller hospitals have traditionally
minimized the number of committees — sometimes assigning many or all responsibilities to the
Medical Executive Committee (MEC). Larger hospitals, on the other hand, traditionally have multiple
committees, each with assigned responsibility to perform distinct functions. Non-departmentalized
hospitals necessarily need a different structure.
The most important consideration when designing committee structure is assuring that all required
Medical Staff functions are assigned to one or more committees. The Bylaws or Rules must specify each
committee’s composition, minimum meeting frequency, and member voting rights, keeping in mind
that in this Model, ex officio members are presumed to have voting rights unless otherwise specified.
These Bylaws describe general provisions applicable to all committees are described in the Bylaws.
TJC Standard MS.01.01.01, EP 20, requires the details of the Medical Executive Committee to be
included in the Bylaws, but does not require the same of other committees. These Bylaws and Rules
are consistent with the growing trend toward encouraging greater flexibility in the committee
structure by having only the Medical Executive Committee described in the Bylaws and all other
committees described in the Rules.
4.1 Designation
4.1.1 Medical Staff committees include, but are not limited to, any committee described
in the Governing Documents; meetings of a Department; meetings of a Section;
any ad hoc, special, or sub-committee created by a (a) committee described in the
Governing Documents, (b) Department, or (c) Section; any meeting that takes
place pursuant to the meeting provisions of these Bylaws; or any meeting of the
Medical Staff as a whole.
4.1.2 Any meeting or activities related to the business of Medical Staff committees shall
be considered Medical Staff committee proceedings and shall be entitled to the
protections and immunities afforded to peer review committees under state and
federal law.
4.1.3 All Medical Staff committees shall be responsible to the Medical Executive
Committee.
4.2 Creation
4.2.1 The Medical Staff’s standing committees shall be those identified in these Bylaws
or in the Rules, and those designated as standing committees by the Departments
or Sections.
4.2.2 Subject to the available resources of the Medical Staff Administration, any
committee can create a subcommittee, such as a special committee or ad hoc
committee, to perform specified tasks. The committee chair shall inform the

Medical Executive Committee when a subcommittee is created. The committee
chair may appoint individuals in addition to, or other than, members of the
standing committee to the subcommittee after consulting with the Chief of Staff
regarding Medical Staff member appointees, and the Chief Executive Officer
regarding Hospital Staff appointees.
4.2.3 No committee shall create a special committee or ad hoc committee to perform a

task already assigned to another committee. Committees shall, as appropriate,
attempt to coordinate their efforts to maximize efficiency and minimize
redundancy.
4.3 Appointment and Nonmembers
4.3.1 Unless otherwise specified in the Governing Documents, the chair and members
of all committees shall be appointed by, and may be removed by, the Chief of
Staff, subject to consultation with and approval by the Medical Executive
Committee; however, the Chief of Staff may not remove persons who are ex
officio members of the committee or whose membership is required by the
4.3.2 A Medical Staff committee is composed as stated in the description of the

committee in the Governing Documents. Unless provided otherwise in the Bylaws
or Rules, Medical Staff committees may include persons who are not Medical Staff
members or otherwise affiliated with the Hospital, depending on the committee’s
functions.
4.3.3 Each Medical Staff member who serves on a committee participates with vote
unless the Governing Documents designate the position as nonvoting.
4.3.4 The Chief of Staff, subject to the approval of the Chief Executive Officer or his or
her designee, shall appoint any non-Medical Staff members who serve in non-ex
officio capacities.
4.3.5 Unless otherwise provided in the Bylaws or Rules, terms of appointment shall be
for [_____] years, subject to earlier resignation or removal. Committee members
may be appointed for consecutive terms, without limit. Insofar as possible, terms
in any individual committee shall be staggered to achieve continuity.
4.3.6 A committee chair may, in his or her discretion, allow a Medical Staff member or
Allied Health Staff member who is not a committee member to attend a portion
of a committee meeting that is of importance to the member. The committee chair
will exercise his or her judgment regarding whether any guest is permitted to
attend a portion of the committee meeting in which confidential information
regarding another Practitioner or Allied Health Staff member is discussed.
Committee guests must abide by the confidentiality and other rules that apply to
committee members.

4.4 Ex Officio Members
Unless otherwise provided in the Governing Documents, the Chief of Staff and the Chief
Executive Officer [and the Chief Medical Officer], or their respective designees are ex officio members of
all standing and special committees of the Medical Staff, except the Well-Being Committee, and shall
serve without vote.
4.5 Committee Chairs
4.5.1 In appointing committee chairs, the Chief of Staff’s goal shall be to appoint
individuals who:
It may not always be possible to appoint chairs who meet each of the following
qualifications, but it is a goal worth pursuing.
(a) Have demonstrated a commitment to the Medical Staff’s responsibilities,
(b) Support the mission of the Hospital,
(c) Understand how the committee’s duties and actions impact the Medical
Staff’s and Hospital’s legal and credentialing obligations, and are
committed to lead in a manner that promotes compliance with those
obligations; and
(d) Are knowledgeable about the committee’s area of focus.
4.5.2 Committee chairs are expected to conduct committee meetings in an efficient and
expeditious manner and to ensure that proper decorum is maintained. Committee
chairs also are responsible for ensuring that the committee functions in a manner
designed to achieve and fulfill the committee’s duties.
4.5.3 Committee chairs may call on outside consultants or special advisors, but only
after obtaining approval from the Chief of Staff and, if the Hospital is to pay for
any portion of the consultant or special advisor’s fee, approval from the Chief
Executive Officer.
4.5.4 Each committee chair shall appoint a vice chair to fulfill the duties of the chair in
his or her absence and to assist as requested by the chair.
4.5.5 Each committee chair or other authorized person chairing a meeting has the right
to discuss and to vote on issues presented to the committee.
4.6 Conflicts of Interest
As noted earlier, Medical Staffs should develop conflict of interest policies.
Every committee member, regardless of whether the person serves as an ex officio member, must
disclose all conflicts of interests, as defined in the Governing Documents, and not have any disqualifying
conflict of interest as defined in the Governing Documents. In addition, committee members must orally

identify any conflicts of interest relating to a particular subject matter when that subject is discussed in
committee. The member, either upon his or her own initiative or upon direction from the Chair, shall
recuse himself or herself from any discussion or action that may be impacted by the conflict of interest.
4.7 Representation on Hospital Committees and Participation in Hospital

Functions
TJC Leadership Standards require that the Medical Staff have the opportunity to participate in
governance.
Upon the Governing Body’s approval, the Medical Staff may discharge its duties relating to
accreditation, licensure, certification, disaster planning, facility and services planning, financial
management and physical plant safety by providing Medical Staff representation on Hospital committees
established to perform such functions.
4.8 Charters
The composition, duties, and meeting frequency of each standing committee shall be described in
the Bylaws or the Rules. All committees are accountable to the Medical Executive Committee.
4.9 Medical Executive Committee
The Medical Executive Committee is the executive committee of the Medical Staff.
4.9.1 Composition
Departmentalized hospitals often include the Department Chairs as members of the

Medical Executive Committee; often, key committee chairs are also members
(although both of these approaches can result in a very large committee). The MEC
usually includes one or more at-large representatives as well. Medicare Conditions of
Participation, 42 C.F.R. Section 482.22(b), requires that the majority of the executive
committee be doctors of medicine or osteopathy, so the Bylaws’ description of the
Medical Executive Committee’s composition should take that into account.
TJC Standard MS.02.01.01, EPs 3 requires that all members of the Medical Staff,
including non-physician practitioners, be eligible to be members of the MEC (an at-
large position helps accommodate this), and EP 4 requires that a majority of the
members must be physicians (doctors of medicine or osteopathy) who are actively
practicing at the Hospital. Limiting officer and other positions to Active Staff members
achieves this.
(a) A majority of the members of the Medical Executive Committee shall be

doctors of medicine or doctors of osteopathy. The Medical Executive
Committee shall be composed of:
(i) The Medical Staff Officers;
(ii) The member(s)-at-large;

(iii) [The Department Chairs];
(iv) The chairs of the [INSERT COMMITTEE NAMES HERE];
(v) The Chief Executive Officer or designee as ex officio;
Both TJC and DNV-GL require that the Chief Executive Officer be a
Medical Executive Committee member. Neither require that the
Chief Executive Officer have a right to vote.
(vi) The Chief Medical Officer or designee as ex officio;
This is common, but not required.
(vii) The Chief Nursing Executive or designee as ex officio.
For DNV-accredited hospitals, the chief nursing officer also must be

an MEC member (see NIAHO Standard MS.5, SR.2).
(b) If at any time the composition requirements in (a) above result in less
than a majority the members of the Medical Executive Committee not
being doctors of medicine or doctors of osteopathy, then
notwithstanding any other provision in these Bylaws, the Medical Staff
will hold a special election for sufficient additional members-at-large to
serve on the Medical Executive Committee. In such special elections,
only doctors of medicine or doctors of osteopathy shall be eligible for
election as at-large members. The Medical Executive Committee shall set
a date for the election that is later more than 90 days from the date that
the need for a special election is identified. The special election shall, to
the extent feasible, comply with the election procedures identified in
these Bylaws for at-large members, except that (i) the Medical Executive
Committee may stand in the place of the Nominating Committee, (ii) the
Medical Executive Committee may modify the deadlines and dates as
needed to facilitate an efficient process, as long as that process remains
fair, and (iii) such number of at-large members shall be elected as to
result in a majority of the members of the Medical Executive Committee
being doctors of medicine or doctors of osteopathy.
As noted above, CMS and TJC require that a majority of voting members on
the MEC be doctors of medicine or doctors of osteopathy. In the exceedingly
rare occurrence that the described composition results in this standard not
being met, the Medical Staff can invoke this provision to add more members
to the Medical Executive Committee.
4.9.2 Duties
The Medical Staff delegates to the Medical Executive Committee broad authority
to oversee the operations of the Medical Staff. This includes, but is not limited to,
the authority and responsibility over the matters identified below, as well as

anything else identified throughout these Bylaws as being within the Medical
Executive Committee’s authority. The Medical Staff may delegate additional
authority to, or remove authority from, the Medical Executive Committee through
amendment of these Bylaws.
TJC Standard MS.01.01.01, EP 20, requires that the Medical Staff Bylaws describe the
authority delegated to the MEC, and how that authority is delegated or removed. We
recommend a broad and general grant of authority, because it is simply not possible to
foresee and describe every occasion or circumstance that may necessitate MEC
decision making; and because a narrow grant of authority will likely lead to constant
challenges and unnecessary undermining of respect for the MEC’s important role.
The Medical Executive Committee shall:
(a) Assure that the Medical Staff fulfills each of its purposes and
responsibilities, as described in Article 1 and elsewhere in these Bylaws.
(b) Supervise the performance of all Medical Staff functions, which shall
include:
(i) Requiring regular reports and recommendations from the

departments, committees and officers of the Medical Staff
concerning their discharge of assigned functions;
(ii) Issuing directives as appropriate to assure effective performance

of all Medical Staff functions; and
(iii) Following up to assure implementation of all directives.
(c) Review and make recommendations to the Governing Body on reports

of Medical Staff committees, departments, and other assigned activity
groups.
(d) Oversee the coordination of the activities of the committees and

departments.
(e) Make recommendations to the Governing Body on Medical Staff

membership, the Medical Staff structure, the process used to review
credentials and delineate privileges, and the delineation of privileges for
each Practitioner and APP privileged through the Medical Staff process.
(f) Oversee and ensure that the Medical Staff establishes criteria and
standards for Medical Staff membership and privileges, and enforce those
criteria and standards in reviewing the qualifications, credentials,
performance, and professional competence and character of applicants
and staff members.
(g) Oversee and ensure that the Medical Staff establishes clinical criteria and
standards to oversee and manage quality assurance, utilization review, and

other Medical Staff activities including, but not limited to, periodic
meetings of the Medical Staff and its committees and departments and
review and analysis of patient medical records.
(h) Evaluate the performance of Practitioners exercising clinical privileges

whenever there is doubt about the ability of an applicant, member, or
Allied Health Practitioner to perform requested privileges.
(i) Based upon input from the departments and Credentials Committee,
make recommendations regarding all applications for Medical Staff
appointment, reappointment, and privileges.
(j) When indicated, initiate Focused Professional Practice Evaluations

and/or pursue disciplinary or corrective actions affecting Medical Staff
members or APPs.
(k) With the assistance of the Chief of Staff, supervise the Medical Staff’s
compliance with:
(i) The Governing Documents;
(ii) The Hospital’s Bylaws, Rules, and policies;
(iii) State and federal laws and regulations; and
(iv) Applicable accreditation requirements.
(l) Adopt and amend rules and regulations, and do so in a manner consistent
with these Bylaws.
(m) Oversee the development and amendment of Medical Staff policies,

approve (or disapprove) all such policies, and oversee the implementation
of those policies.
(n) Implement, as they relate to the Medical Staff, the Hospital’s approved
policies.
(o) Confer and meet in good faith with the Governing Body or its designee
to resolve disputes with the Governing Body, or delegate that meeting to
another committee;
(p) With the Department Chairs, set departmental objectives for establishing,
maintaining, and enforcing professional standards within the Hospital
and for continually improving the quality of care rendered in the
Hospital; assist in developing programs to achieve these objectives,
including, but not limited to, Ongoing Professional Practice Evaluations.
(q) Regularly report to the Governing Body through the Chief of Staff and
the Chief Executive Officer on at least the following:

(i) The outcomes of Medical Staff quality improvement programs,
providing sufficient background and detail to assure the
Governing Body that quality of care is consistent with
professional standards; and
(ii) The general status of any Medical Staff disciplinary or corrective

actions in progress.
(r) Promote the ethical and collegial practice of all Practitioners and APPs.
(s) Assist the Hospital in reviewing and advising on sources of clinical

services provided by consultation, contractual arrangements, or other
agreements; in evaluating the safety and quality of services provided via
consultation, contractual arrangements, or other agreements; and in
providing relevant input to notice-and-comment proceedings or other
mechanisms that may be implemented by Hospital administration in
making exclusive contracting decisions.
(t) Prioritize and assure that Hospital-sponsored educational programs

incorporate the recommendations and results of Medical Staff quality
assessment and improvement activities.
(u) Establish, as necessary, ad hoc committees to fulfill particular functions

for a limited time; such committees will report directly to the Medical
(v) Establish the date, place, time, and program of the regular meetings of
the Medical Staff.
(w) Represent and act on behalf of the Medical Staff between meetings of the
Medical Staff.
(x) Take such other actions as may reasonably be deemed necessary in the
best interests of the Medical Staff and the Hospital.
4.9.3 Meetings
The Medical Executive Committee shall meet regularly, and at least quarterly, during
the calendar year. A record of its proceedings and actions shall be maintained.

ARTICLE 5
MEETINGS AND VOTING
5.1 Medical Staff Meetings
5.1.1 Regular Meetings
There shall be at least one regular meeting of the Medical Staff during each
Medical Staff year. The date, place, and time of the meeting(s) shall be determined
by the Chief of Staff. The Chief of Staff shall present a report on significant
actions the Medical Executive Committee took during the time since the last
Medical Staff meeting and on other matters believed to be of interest and value to
the membership. No business shall be transacted at any Medical Staff meeting
except that stated in the notice calling the meeting.
5.1.2 Special Meetings
Special meetings of the Medical Staff may be called at any time by the Chief of
Staff, Medical Executive Committee, or Governing Body, or upon the written
petition of 10 percent of the voting members. A petition requesting a special
meeting shall state the reasons for the meeting on each page where signatures
appear. The meeting must be called within 30 days after receipt of such request,
and notice shall be provided to the Medical Staff at least 15 days before the
meeting. No business shall be transacted at any special meeting except that stated
in the notice calling the meeting.
5.1.3 Combined or Joint Medical Staff Meetings
The Medical Staff may participate in combined or joint Medical Staff meetings
with staff members from other hospitals, health care entities, or the County
Medical Society. However, precautions shall be taken to assure that confidential
Medical Staff information and patient information is not inappropriately disclosed
and that this Medical Staff (through its authorized representative(s)) maintains
access to, and approval authority of, all minutes prepared in conjunction with any
such meetings.
5.2 Department and Committee Meetings
5.2.1 Regular Meetings
Departments and committees, by resolution, may provide the time, date, and
location for holding regular meetings; no notice other than the resolution is
required. Each department shall meet regularly, and at least quarterly, to review
and discuss patient care activities and to fulfill other departmental responsibilities.

5.2.2 Special Meetings
A special meeting of any department or committee may be called by, or at the

request of, its Chair, the Medical Executive Committee, Chief of Staff, or by one
third of the group’s current members, but not fewer than three members. No
business shall be transacted at any special meeting except that stated in the notice
calling the meeting.
5.2.3 Combined or Joint Department or Committee Meetings
The departments or committees may participate in combined or joint department

or committee meetings with staff members from other hospitals, health care
entities, or the County Medical Society. Precautions shall be taken to assure that
confidential Medical Staff information and patient information are not inappro-
priately disclosed and that this Medical Staff (through its authorized
representative(s)) maintains access to, and approval authority of, all minutes
prepared in conjunction with any such meetings.
5.3 Notice of Meetings
Written notice stating the place, day, and time of any regular or special Medical Staff
meeting or of any regular or special department or committee meeting not held pursuant
to resolution shall be delivered electronically, personally, or by mail to each person entitled
to attend. Such notice shall be given not fewer than [two] working days nor more than [45]
days before the date of the meeting. Personal attendance at a meeting shall constitute a
waiver of notice.
5.4 Quorum
It can be a challenge for Medical Staff committees to meet their quorum requirements on a
regular basis. Therefore, the attendance requirement for establishing a quorum should not be
unrealistic but should reflect the need to ensure fair and appropriate committee action.
Additionally, Medical Staffs can consider adopting other ways to establish a quorum – for
example, a quorum for regularly scheduled meetings could be the presence of the committee
chair (or his or her designee) and two other voting committee members.
5.4.1 Medical Staff Meetings
The presence of the greater of [25] percent of the voting members, or three voting
members, at any regular or special meeting of the Medical Staff shall constitute a
quorum.
5.4.2 Committee Meetings
The presence of [50] percent of the voting members shall be required for Medical
Executive Committee meetings. For other committees, a quorum shall consist of
[30] percent of the committee’s voting members, but in no event less than three
voting committee members.

5.4.3 Department Meetings
The presence of the greater of [25] percent of the voting members, or three voting
members, at any regular or special department meeting shall constitute a quorum.
5.5 Manner of Action
Some Medical Staffs may require that the chair refrain from voting except when necessary to
break a tie. This is not the approach adopted in this Model (see earlier provisions regarding
Committee Chairs), but it can be adopted.
5.5.1 Except as otherwise specified, the action of a majority of the members present and
voting at a meeting at which a quorum is present shall be the action of the group.
A meeting at which a quorum is initially present may continue to transact business
notwithstanding the withdrawal of members so long as any action taken is
approved by at least a majority of the required quorum for such meeting, or such
greater number as may be required by these Bylaws.
5.5.2 Committee and Department meetings may be held in person, telephonically, via
internet conference, or other electronic systems, so long as the quorum
requirements are met and the meeting is held in a manner that allows all
committee members the opportunity to hear, participate, and (if a voting member)
vote. The validity of actions does not depend on whether the meeting was held in
person, telephonically, via internet conference, or other electronic systems.
5.5.3 Valid action may be taken without a meeting if at least [10] days’ notice of the
proposed action has been given to all members entitled to vote, and the proposed
action is thereafter approved in writing or via email by at least two thirds of the
members entitled to vote, with such writing or email specifying the proposed
action the member is approving.
5.6 Minutes
Minutes of all meetings shall be prepared. Minutes shall include a record of the attendance of
members, the vote taken on each matter, and the names of any individuals who recused themselves from
discussion or vote on any matter. The minutes shall be signed by the presiding officer or his or her
designee and forwarded to the Medical Executive Committee or other designated committee and
Governing Body. Each committee shall maintain a permanent file of the minutes of each meeting. When
meetings are held with outside entities, access to minutes shall be limited as necessary to preserve the
protections from discovery, as provided by California law.
5.7 Attendance
There are no legal or accreditation standards setting specific attendance requirements for
meetings, and this section is optional. However, reasonable attendance standards provide an
excellent means for achieving broad participation of Medical Staff members in Medical Staff
and department activities.

5.7.1 Attendance Requirements
(a) Each member of a Medical Staff category required to attend meetings

shall be required to attend [two] general staff meetings and [50] percent
of department or section meetings during the two-year reappointment
period. Committee members must attend [50] percent of all meetings of
the committee to which the member is appointed.
If the Medical Staff only has one general meeting a year, then this
requirement should be changed.
(b) A member may be excused from attendance at a regularly scheduled

meeting if the member provides prompt notice to the person chairing the
meeting of the anticipated absence, and if the chair excuses the absence
for good cause.
5.7.2 Failure to Meet Attendance Requirements
Imposing penalties for failing to meet attendance requirements is optional. Medical

Staffs can reject or modify this provision.
Medical Staff members will be notified semi-annually if they have not yet met the
attendance requirements. Practitioners who do not meet the meeting attendance
requirements at the end of the appointment period will, if reappointed, be
considered not to be in good standing and may be subject to corrective action or
an assessment of a fine. Members who serve on committees and who fail to meet
attendance requirements may be removed prior to the end of their term on the
committee.
5.7.3 Special Appearance
(a) A committee or department may require a Practitioner or APP to appear

at any meeting where the Practitioner’s or APP’s clinical performance or
professional conduct is being discussed. When possible, the meeting chair
should give the Practitioner at least [10] days advanced written notice of
the time, place, and subject of the meeting. The notice shall inform the
Practitioner or APP that his or her appearance is mandatory and that his
or her failure to appear may result in an automatic suspension of
privileges and referral to the Medical Executive Committee for possible
corrective action.
(b) If a Practitioner or APP fails to attend the meeting after being notified
that his or her appearance is mandatory, and the failure to appear is not
excused by the Medical Executive Committee, then his or her privileges
shall be automatically suspended pursuant to the Automatic Suspension,
Termination, and Limitation provisions of the Corrective Action Article
of these Bylaws, and he or she shall be referred to the Medical Executive
Committee for possible corrective action.

5.8 Conduct of Meetings
Unless otherwise specified, the chair of meetings shall use [Robert’s Rules of Order] as a
reference for conducting the meeting; however, failure to follow these rules shall not invalidate action
taken at the meeting.
Other sources of parliamentary procedure are Sturgis, Standard Code of Parliamentary Procedure,
and Parliamentary Procedure at-a-Glance.
5.9 Electronic Voting
Unless otherwise provided in these Bylaws, any vote for an election, adoption, or amendment
process may be accomplished through an electronic voting process approved by the Medical Executive
Committee, so long as the Medical Executive Committee has determined that the electronic voting
process has sufficient safeguards to protect the integrity of the vote and the process has been approved
by the Governing Body. “Electronic voting process” includes, but is not limited to, email and web-
based voting processes.

ARTICLE 6
GOVERNING DOCUMENTS
6.1 Identification of Governing Documents
6.1.1 The documents that govern the Medical Staff’s operations and its responsibilities,
as well as the responsibilities and practices of the members, other Practitioners,
and Allied Health Staff at the Hospital, include the Hospital and Medical Staff
Bylaws, Rules and Regulations, Policies and Procedures, Department or Section
Rules and Policies and Procedures, and any other document adopted by the
Hospital or Medical Staff directly applicable to Medical Staff operations, the
granting of membership on the Medical Staff, or the exercise of privileges at the
Hospital. Applicants, Medical Staff members, and any other person holding
privileges shall be governed by any Governing Document that is properly adopted.
6.1.2 The Medical Staff Bylaws describe the fundamental principles of Medical Staff
self-governance and accountability to the Governing Body. The key standards for
Medical Staff membership, appointment, reappointment, privileging, corrective
action, and hearings and appeals are set out in the Bylaws. Additional provisions
may be set out in other Governing Documents.
6.1.3 Amendments to the Medical Staff Governing Documents shall be made in good
faith and be consistent with the Medical Staff’s legal, accreditation, and ethical
obligations. Under no circumstance may the Medical Staff amend a Governing
Document in a manner that conflicts with the Hospital’s Bylaws or that would
jeopardize the Hospital’s licensure, Medicare certification, accreditation status, or
not-for-profit status.
6.2 Bylaws
Title 22, California Code of Regulations, Section 70703(b), requires that the Bylaws be adopted
by a vote of Medical Staff members. TJC Standard MS.01.01.01, EP2, provides that the
adoption or amendment of the Bylaws cannot be delegated, meaning it requires a vote of the
medical staff, not of the executive committee. DNV-GL does not have the same limitation, but
California regulations still apply.
6.2.1 Adoption
The Medical Staff Bylaws may be adopted by (a) an affirmative vote of greater
than 50% of the members voting, as long as at least 30% of the members eligible
to vote cast ballots, followed by (b) the approval of the Governing Body, which
approval shall not be unreasonably withheld. The Medical Staff Bylaws shall be
effective immediately upon the Governing Body’s approval, unless the Medical
Staff Bylaws specify, at the time of vote and adoption, a later effective date.
These numbers can be changed.

The Medical Staff Bylaws shall be reviewed on an as-needed basis, but at least
once every two years. Additionally, Hospital administration may develop and
recommend proposed Bylaws, and should be consulted as to the impact of any
proposed Bylaws on Hospital operations and feasibility.
This is not required by law or accreditation standard, but is good practice to assure the
Bylaws are currently compliant with legal and accreditation standards.
6.2.2 Amendment
(a) Any proposal to amend or repeal these Bylaws shall be requested by the
Medical Executive Committee, the Chief of Staff, or a committee charged
with reviewing the Medical Staff Bylaws, or upon written petition
submitted to the Medical Executive Committee signed by at least 25% of
the members of the Medical Staff in good standing who are entitled to
vote. Any petition from the Medical Staff must include the exact wording
of the proposed amendment or repeal on every page on which signatures
appear.
Each Medical Staff should evaluate and establish an appropriate threshold

for processing amendments proposed by a petition of the Medical Staff. The
number should be sufficiently high so that the interests of individuals or a
disgruntled few are not controlling the processes. But it also needs to be set
in recognition that in small Medical Staffs, the interests of a few may
represent the prevailing view of the Medical Staff. Finally, the number should
be reasonable – i.e., not so high that the provisions can never be invoked.
(b) Proposed amendments meeting the above parameters shall be submitted

to the Governing Body for comment at least 30 days before they are
distributed to the Medical Staff for a vote. If the Governing Body has any
concerns regarding any proposed amendment, it will contact the Chief of
Staff within 21 days after receiving the proposed amendments for
discussion. If the Governing Body has comments on the proposed
amendments after its discussion with the Chief of Staff, its comments will
be circulated with the proposed amendments at the time they are
distributed to the Medical Staff for a vote.
Business and Professions Code Section 2282.5 establishes the Medical Staff’s
right to adopt Bylaws and sets out a standard for Governing Body approval
(the approval shall not be unreasonably withheld). This provision affords an
opportunity for the Medical Staff to learn about any concerns the Governing
Body may have before the provisions go for a vote and at a point where it
may be possible to discuss issues of disagreement. Medical Staffs can choose
to adopt a more formal “meet and confer” process here, but a discussion
with the Chief of Staff would be a good place to start.
(c) Proposed amendments meeting the above parameters shall be submitted

to the Medical Staff for vote only after the Medical Executive Committee

has determined that the proposed amendment does not conflict with
existing Hospital Bylaws.
TJC MS.01.01.01, EP 4, provides that the “medical staff Bylaws, rules and
regulations, and policies, the governing body bylaws, and the hospital
policies are compatible with each other and are compliant with law and
regulation.” During the Bylaws revision process, the need to assure that the
proposed changes to the Medical Staff Bylaws do not conflict with existing
Hospital Bylaws often is overlooked. Including this requirement in the Bylaws
may prevent incompatible amendments being sent for vote.
(d) Voting shall be conducted at a special meeting called for that purpose, via
a mail ballot, or via an electronic voting process, as described elsewhere
in these Bylaws. The ballot, in whatever form, must specify what
language in the Bylaws is proposed to be added, amended, moved, or
deleted.
(e) Amendments shall require (i) an affirmative vote of greater than 50% of
the members voting, as long as at least 30% of the members eligible to
vote cast ballots, followed by (ii) the approval of the Governing Body,
which approval shall not be unreasonably withheld.
These numbers can be changed.
(f) Amendments shall be effective immediately upon approval of the

Governing Body, unless the ballot specifies a later effective date.
6.2.3 Technical and Editorial Corrections
California law, CMS, and TJC all prohibit unilateral amendment of the Bylaws, and TJC
requires a Medical Staff vote for amendment. However, generally accepted practice is
to allow non-substantive corrections without the formal amendment process.
Hospitals may wish to consult with their own legal counsel and/or TJC before adoption.
The Medical Executive Committee shall have the power to adopt such
amendments to the Bylaws that are, in its judgment, technical modifications or
clarifications, reorganization or renumbering of the Bylaws, or amendments made
necessary because of punctuation, spelling or other errors of grammar or
expression or inaccurate cross-references. No substantive amendments are
permitted pursuant to this section. The action to amend may be taken by motion
and acted upon in the same manner as any other motion before the Medical
Executive Committee. After approval, such amendments shall be communicated
in writing or electronically to the Medical Staff and to the Governing Body. Such
amendments are effective upon adoption by the Medical Executive Committee;
provided however, that they may be rescinded by vote of the Medical Staff or
Governing Body within 120 days of the date of adoption by the Medical Executive
Committee. Such vote of the Medical Staff will be held in the same manner as a
vote on an amendment of the Bylaws.

6.2.4 Legal and Accreditation Compliance
The Medical Staff agrees to work cooperatively with the Governing Body to assure
that the Bylaws comply with legal and accreditation standards on an on-going
basis. As part of its legal and accreditation responsibilities, the Medical Staff
acknowledges and agrees that it will, in a timely manner, amend the Medical Staff
Bylaws in order to assure compliance with state or federal law, Medicare
requirements, court order, or accreditation standards. If the Medical Staff
unreasonably fails to exercise its responsibility to adopt or amend the Bylaws to
make these types of non-discretionary amendments, the Governing Body may take
such actions that are within its authority.
Hospital legal counsel should be consulted before any decision to exercise the residual
authority described here. TJC standards preclude unilateral amendment of the Bylaws;
however, the Governing Body remains ultimately responsible for the Hospital,
including ensuring compliant Bylaws.
6.3 Rules and Regulations
TJC has several requirements found in MS.01.01.01, EPs 8-11, for the adoption of rules and
policies. The provisions that follow comply with those standards.
6.3.1 Identification
The Medical Staff adopts rules and regulations necessary to implement more
specifically the general principles found within these Bylaws, subject to the
Governing Body’s approval. If there is a conflict between these Bylaws and the
Rules and Regulations, the Bylaws shall prevail. The Rules and Regulations shall be
reviewed regularly, and at least every two years, and the mechanism described in
these Bylaws shall be the sole method for the initiation, adoption, amendment, or
repeal of the Medical Staff Rules and Regulations.
Another time period can be selected.
6.3.2 Adoption and Amendment
The Medical Staff delegates to the Medical Executive Committee the authority to
initiate and adopt such general rules and regulations as it may deem necessary for
the proper conduct of the Medical Staff’s work and to periodically review and
revise the rules and regulations. Additions or changes to the general Medical Staff
rules and regulations (Proposed Rules) may be proposed by the Medical Executive
Committee, the Chief of Staff, or by petition submitted to the Medical Executive
Committee and signed by at least 25% of members of the Medical Staff in good
standing who are entitled to vote. Any petition from the Medical Staff must
include the names of the Medical Staff members who are contact persons for the
petition and the exact wording of the Proposed Rule on every page on which
signatures appear. Proposed Rules shall be reviewed and acted upon as follows:

Each Medical Staff should evaluate and establish an appropriate threshold for
processing amendments proposed by petition of the Medical Staff. The number should
be sufficiently high so that the interests of individuals or a disgruntled few are not
controlling of the processes. But it also needs to be set in recognition that in small
Medical Staffs, the interests of a few may represent the prevailing view of the Medical
Staff. Finally, the number should be reasonable – i.e., not so high that the provisions
can never be invoked.
(a) Except with respect to circumstances requiring urgent action, as

described below, the Medical Executive Committee shall not act on any
Proposed Rule until members of the Medical Staff and the Governing
Body have had a reasonable opportunity to review and comment on the
Proposed Rule. Notice regarding a Proposed Rule shall be communicated
electronically or through mail to members of the Medical Staff and to the
Governing Body at least 30 days prior to the scheduled Medical
Executive Committee meeting where the vote is to take place, together
with instructions on how to communicate comments to the Medical
Similar to the Bylaws amendment process, it is appropriate for the Governing

Body to have an opportunity to review and comment on proposed rules
before their adoption.
(b) The Medical Executive Committee shall inform the Medical Staff
regarding whether it has approved or rejected the Proposed Rule.
(c) If the Medical Executive Committee fails to approve a Proposed Rule

that has been submitted by petition as described above, the members of
the Medical Staff identified as contact persons on the petition may invoke
the Conflict Management process described in the Rules.
(d) If, after the Conflict Management process, the Medical Executive
Committee does not adopt the Proposed Rule, the Medical Staff may
petition to have the Proposed Rule submitted to the Medical Staff for a
vote. The petition to hold the vote must be supported by signatures from
at least 25% of members of the Medical Staff who are entitled to vote
and must include the purpose of the petition on every page on which
signatures appear. The vote shall be held in a manner consistent with the
process used for the amendment of the Medical Staff Bylaws, including
the distribution of Governing Body comments, if any.
(e) Following approval by the Medical Executive Committee or by a vote of

the Medical Staff, the Proposed Rule shall be forwarded to the
Governing Body for approval, which approval shall not be withheld
unreasonably. The Rule shall become effective immediately following the
approval of the Governing Body.

6.3.3 Urgent Revisions
This provision is consistent with TJC Standard MS.01.01.01, EP 11.
(a) Notwithstanding the above, in cases of a documented need for an urgent

amendment to rules and regulations necessary to comply with law or
regulation, the Medical Executive Committee may provisionally adopt,
and the Governing Body may provisionally approve, an urgent
amendment without prior notification of the Medical Staff. In such cases,
the Medical Executive Committee shall provide notice to the Medical
Staff as soon as practicable about the amendment.
(b) The Medical Staff shall have the opportunity for retrospective review of
and comment on the provisional amendment. If no petition is submitted
as described in the next sentence, the provisional amendment stands and
is no longer provisional. The provisional amendment shall be challenged
by submitting a petition requesting repeal of the amendment to the
Medical Staff Administration within 30 days after the Medical Executive
Committee provides notice of the change; such petition shall be signed
by more than 50% of the members of the Medical Staff who are entitled
to vote and shall have the names of contact persons for the petition and
the purpose of the petition included on every page on which signatures
appear. In the event of such challenge, the Conflict Management process
detailed in the Rules is implemented. The provisional amendment shall
remain in effect during the Conflict Management process. At the
conclusion of that process, a revised amendment may be, if necessary,
submitted to the Medical Executive Committee and Governing Body for
action consistent with the amendment process described above.
6.4 Policies and Procedures
6.4.1 Adoption
The Medical Executive Committee may adopt and amend policies and procedures
as necessary for the accomplishment of Medical Staff processes, subject to the
Governing Body’s approval, which approval shall not be unreasonably withheld. If
there is a conflict between these Bylaws and a policy, the Bylaws shall prevail. If
there is a conflict between the Rules and Regulations and a policy, the Rules and
Regulations shall prevail. Proposed new or revised policies (proposed policies) for
the Medical Executive Committee’s consideration may arise from any responsible
committee, department, Medical Staff officer, or by petition signed by at least 25%
of members of the Medical Staff who are entitled to vote. Any petition from the
Medical Staff must include the names of the Medical Staff members who are
contact persons for the petition and the exact wording of the proposed policy on
every page on which signatures appear.
As discussed with Bylaws and Rules and Regulations amendments, this number can be
adjusted as appropriate for the Medical Staff.

(a) If the Medical Executive Committee fails to approve a proposed policy
that has been submitted by petition as described above, the members of
the Medical Staff identified as contact persons on the petition may invoke
the Conflict Management process described in the Rules. If, after the
Conflict Management process, the Medical Executive Committee does
not adopt the proposed policy, the Medical Staff may petition to have the
proposed policy submitted to the Medical Staff for a vote. The petition to
hold the vote must be supported by signatures from at least 25% of
members of the Medical Staff who are entitled to vote and must include
the purpose of the petition on every page on which signatures appear.
The vote shall be held in a manner consistent with the process used for
the amendment of the Medical Staff Bylaws, including the distribution of
Governing Body comments, if any.
(b) Following approval of a proposed policy by the Medical Executive

Committee or by a vote of the Medical Staff, the Medical Executive
Committee shall inform the Medical Staff of the approval of the
proposed policy and shall forward the proposed policy to the Governing
Body for approval, which approval shall not be withheld unreasonably.
The policy shall become effective immediately following the approval of
the Governing Body.
TJC MS.01.01.01, EP 9, provides that when the Medical Executive Committee

adopts a policy or an amendment thereto, it communicates this to the
Medical Staff.
6.5 Department and Section Rules
6.5.1 Subject to the approval of the Medical Executive Committee and Governing
Body, each department may formulate its own rules for conducting its affairs and
discharging its responsibilities. Hospital administration also may develop and
recommend proposed department rules, and in any case should be consulted as to
the impact of any proposed department rules on Hospital operations and
feasibility. Such rules shall not be inconsistent with the Medical Staff or Hospital
Bylaws, Rules, or other policies.
6.5.2 Subject to the approval of the department that oversees the section, the Medical
Executive Committee, and the Governing Body, each section may formulate rules
for conducting its affairs and discharging its responsibilities. Hospital
administration also may develop and recommend proposed section rules, and in
any case should be consulted as to the impact of any proposed section rules on
Hospital operations and feasibility. Such rules shall not be inconsistent with the
Medical Staff or Hospital Bylaws, Rules, or policies.

6.6 Forms
Forms necessary for use in connection with Medical Staff appointments, reappointments,
delineation of privileges, corrective action, notices, recommendations, reports and other matters shall be
approved by, and may be amended by, the Medical Executive Committee, subject to approval by the
Governing Body.
6.7 Non-Contractual Nature of Governing Documents
6.7.1 The Bylaws, Rules and Regulations, and Policies and Procedures and other
Governing Documents are not, and shall not be deemed to be, contracts of any
kind between the Governing Body, the Hospital, the Medical Staff and/or any
individual (including any Medical Staff member, applicant, or AHP), unless the
document provides that it is a contract, agreement, or release.
6.7.2 Application for, the conditions of, and the duration of appointment to the Medical
Staff, or the granting of privileges to a Practitioner or to an AHP, shall not be
deemed contractual in nature. The consideration of applications and the granting
and continuance of any privileges at this Hospital are based solely upon a
Practitioner’s or AHP’s continued ability to justify the exercise of privileges. The
granting of privileges does not obligate the Practitioner or AHP to practice at the
Hospital.
6.7.3 Notwithstanding the above, all rights, responsibilities, and obligations of Medical
Staff membership are enforceable as a condition of membership.
6.8 Notice by Posting on Medical Staff Website
For the notice requirements relating to Proposed Rules and to policies, the Medical Executive
Committee may meet those obligations by posting the Proposed Rule or the policy on the Medical Staff
website, as long as the Medical Executive Committee sends a notice electronically or through mail within
the time frames provided above informing those members of the Medical Staff who are entitled to vote
that the Proposed Rule or the policy is available on the Medical Staff website. The electronic or mailed
notice must include the web address for the Medical Staff website.

ARTICLE 7
Dues and Additional Provisions
7.1 Dues and Assessments
Business and Professions Code Section 2282.5 grants the Medical Staff the right to establish
dues and to control expenditures. It is important, however, that a tax-exempt hospital’s
Medical Staff expenditures are compatible with the hospital’s tax-exempt purposes.
7.1.1 The Medical Executive Committee may establish reasonable annual dues, if any,
for each category of Medical Staff membership, and determine the manner of
expenditure of the Medical Staff funds. However, such expenditures must be
appropriate to the purposes of the Medical Staff [and shall not jeopardize the
nonprofit tax-exempt status of the Hospital].
7.1.2 The Medical Executive Committee may develop policies, subject to the Governing
Body’s approval, for the assessment of fines for noncompliance with Medical Staff
Governing Documents or Hospital policy, including, but not limited to, fines for
noncompliance with medical record requirements.
7.2 Compensation of Medical Staff Leaders
Medical Staffs can compensate leaders who provide services to the Medical Staff. This may
implicate anti-kickback laws and the Stark Law; therefore, Medical Staffs and hospitals should
consult with legal counsel before entering into any arrangements to compensate any
practitioner.
The Medical Staff may compensate Medical Staff Leaders for work performed pursuant to their
duties as officers, department leaders, or committee chairs. The amounts of such compensation shall be
determined by the Medical Executive Committee and shall be paid from the Medical Staff’s own funds.
The amounts and form of compensation must comply with any applicable federal or state laws regarding
physician compensation[, and shall not jeopardize the nonprofit tax-exempt status of the Hospital]. If the
Hospital contributes funds to the Medical Staff, the Hospital shall have the authority to review any
compensation arrangement to determine its compliance with state and federal laws, [as well as any impact
it may have on the nonprofit tax-exempt status of the Hospital,] and shall have the authority to approve
or withhold approval of the compensation arrangement. Compensation is contingent on the Medical Staff
Leader’s fulfillment of his or her duties, which shall be determined by the Medical Executive Committee.
7.3 No Retaliation
This paragraph is not required, but it may help assure compliance with California’s prohibition
against retaliation.
7.3.1 Neither the Medical Staff, its members, committees, or department heads; nor the
Governing Body, the Chief Executive Officer, or any other employee or agent of
the Hospital or Medical Staff, shall discriminate or retaliate, in any manner, against

any patient, Hospital employee, member of the Medical Staff, or any other health
care worker of the facility because that person has done either of the following:
(a) Presented a grievance, complaint, or report to any of the following: the

facility, an entity or agency responsible for accrediting or evaluating the
facility, the Medical Staff, or any other governmental entity.
(b) Has initiated, participated, or cooperated in an investigation or admin-

istrative proceeding related to the quality of care, services, or conditions
at the facility that is carried out by an entity or agency responsible for
accrediting or evaluating the facility or its Medical Staff or any other
governmental entity.
7.3.2 The proper exercise of the Medical Staff’s and Hospital’s responsibilities,
including, but not limited to, those responsibilities relating to quality assessment
and corrective action, does not constitute retaliation and is not precluded by this
section.
7.4 Authorizations, Releases, Immunity, Confidentiality, and Indemnity
Applicants, members, Practitioners, and AHPs, by virtue of applying for or accepting

membership, clinical privileges, or other permissions to practice, agree to comply with and be bound by
the provisions in the Rules addressing authorizations to obtain and release information, releases,
immunities, confidentiality, and indemnity. Compliance with those provisions is a condition of
appointment to, and continued membership on, the Medical Staff, and a condition to any clinical privilege
or other permissions to practice granted.

DIVISION 2: MEMBERSHIP AND PRIVILEGES
ARTICLE 8
MEMBERSHIP QUALIFICATIONS AND RESPONSIBILITES
8.1 General Qualifications
Medicare Conditions of Participation, 42 C.F.R. Section 482.22(c)(4), requires Bylaws to

describe the qualifications a candidate must meet in order to be recommended for
appointment. Similarly, TJC Standard MS.01.01.01, EP 13, requires Bylaws to include
qualifications for appointment to the Medical Staff.
8.1.1 Only Practitioners and APPs who are professionally competent, conduct
themselves professionally, and continuously meet the qualifications and
requirements for Medical Staff membership and privileges set forth in these
Bylaws and other Governing Documents may be granted and may maintain
Medical Staff membership and/or privileges.
8.1.2 Only Practitioners who are appointed to the Medical Staff may exercise Medical
Staff membership rights and responsibilities, and only to the extent and in the
manner described in these Bylaws for the staff status the Practitioner holds.
8.1.3 Only Practitioners who are granted privileges to do so under the processes detailed
in these Bylaws may admit or provide services in this Hospital.
8.1.4 No Practitioner is entitled to Medical Staff membership or privileges merely

because he or she holds a certain degree; is licensed to practice in any jurisdiction;
is a member of any professional organization; is a party to, or a beneficiary of, a
contract with the Hospital; is certified by any clinical board; or currently has, or
has had, staff membership or privileges at another health care facility.
8.1.5 AHPs are not eligible for Medical Staff membership but may be granted privileges
or other permissions to practice pursuant to the processes defined in the Medical
Staff’s Governing Documents.
8.2 Nondiscrimination
Medical Staff membership or privileges shall not be denied on the basis of sex, gender identity,
gender expression, age, religion, race, creed, color, national origin, sexual orientation, genetic information,
military or veteran status, political affiliations or activities, marital status, or any other legally-protected
status. Medical Staff membership or privileges shall not be denied on the basis of any physical or mental
disability if the applicant meets the standards set forth in the Governing Documents with or without
reasonable accommodation.

8.3 Minimum Qualifications
All Medical Staffs have basic standards every member must meet. It is helpful to identify those
standards as the minimum necessary to have an application reviewed. In this way, the Medical
Staff can avoid reviewing an applicant who fails to meet basic qualifications.
Whether the applicant meets basic qualifications can be determined either by reviewing the
application that is submitted or by using a “pre-application,” in which applicants fill out an
abbreviated form demonstrating they meet the basic criteria before they can receive the
complete Medical Staff application.
Each hospital may set its own basic standards. The examples listed below are relatively
elevated standards that may not be realistic for some hospitals. This list can be augmented or
scaled down depending upon the hospital’s needs and constraints, if legal requirements (such
as licensure) are met. All basic standards should be capable of objective determination.
In order to have an application accepted for processing, an applicant must meet each of the
requirements set forth in this section. A Practitioner who does not meet these minimum qualifications is
ineligible to apply for Medical Staff membership, and the application shall not be accepted for processing
unless these Bylaws provide that the category to which the Practitioner is applying does not require the
qualification to be met. If it is determined at any time during processing that an applicant does not meet all
the minimum qualifications, the Medical Staff shall discontinue review of the application. An applicant who
does not meet the minimum qualifications is not entitled to the procedural rights set forth in these Bylaws
but may request a waiver to a qualification, as detailed in the waiver provisions below.
Some hospitals choose not to require certain staff categories, such as Community Affiliate Staff,
Honorary Staff, and Administrative Staff, to meet certain requirements.
The minimum qualifications each applicant must meet include:
8.3.1 Holding one of the following:
(a) A license to practice medicine from the Medical Board of California or

the Osteopathic Medical Board of California;
(b) A license to practice dentistry from the Dental Board of California;
(c) A license to practice podiatry from the California Board of Podiatric

Medicine; or
(d) [A license to practice clinical psychology by the California Board of

Psychology.]

8.3.2 If practicing medicine, dentistry, or podiatry, having a federal Drug Enforcement
Administration number, if requesting privileges that involve prescribing.
Some hospitals do not require practitioners to maintain Drug Enforcement

Administration (DEA) certificates if they will not have privileges to prescribe scheduled
drugs. If a DEA certificate will not be required for all applicants, this subsection should
be eliminated from the basic requirements.
8.3.3 For physicians and podiatrists, having completed a residency approved by the
Accreditation Council for Graduate Medical Education or the Council on
Podiatric Medical Education that provided complete training in the specialty or
subspecialty that the Practitioner will practice at the Hospital.
Hospitals with staff members who may have trained prior to residency programs
becoming common may wish to delete this or to add a “grandfathering” clause to
allow those practitioners already on staff to maintain eligibility for membership.
8.3.4 For dentists, having completed a residency approved by the Commission of

Dental Accreditation if the Department in which the dentist is assigned requires
such a residency.
Hospitals with staff members who may have trained prior to residency programs
becoming common may wish to delete this or to add a “grandfathering” clause to
allow those practitioners already on staff to maintain eligibility for membership.
8.3.5 Being certified by a board recognized by the American Board of Medical

Specialties or the American Osteopathic Association, the American Board of Foot
and Ankle Surgeons, or the American Dental Association’s Council on Dental
Education and Licensure, as described in further detail in the Board Certification
Section below. Such certification must be in the specialty or subspecialty that the
Practitioner will practice at the Hospital.
Not all Medical Staffs will require board certification or may require board certification
only for physicians. Further, the CMS Conditions of Participation, Section 482.12(a)(7),
provides that the Governing Body must “[e]nsure that under no circumstances is the
accordance of staff membership or professional privileges in the hospital dependent
solely upon certification, fellowship or membership in a specialty body or society.”
However, the Interpretive Guidelines to this condition state that “this does not mean
that a hospital is prohibited from requiring board certification when considering a
MD/DO for medical staff membership, but only that such certification must not be the
only factor that the hospital considers … After analysis of all of the criteria, if all
criteria are met except for board certification, the hospital has the discretion to decide
not to select that individual to the medical staff.” TJC Standard MS.07.01.01, EP 1,
notes that “Medical staff membership and professional privileges are not dependent
solely upon certification, fellowship, or membership in a specialty body or society.” The
exemption provisions found in the Rules provide the opportunity for hospitals to waive
the board certification requirement. The experience of Medical Staffs that have

adopted board certification requirements suggest that CMS and TJC allow board
certification as a minimum qualification, as long as it is not the only qualification
required.
8.3.6 Being eligible to receive Medicare and Medicaid payments.
Medicare and Medi-Cal eligibility are important considerations, especially as relates to

call-coverage requirements and excluded providers. This precondition to membership
is not legally mandated, but in most cases, participation in these programs is essential
for hospital reimbursement.
8.3.7 Having liability insurance or equivalent coverage, including nose or tail coverage,
meeting the standards [approved by the Medical Staff and the Governing Body]
[set by the Governing Body].
Hospitals may include the requirements in any document, such as rules and policies;
some hospitals prefer the requirements be established by the Governing Body.
8.3.8 Meeting the clinical activity requirements specified by the Department as necessary
to demonstrate current competence for the privileges requested.
8.3.9 Being located close enough (office and residence) to the Hospital to provide
continuous care to his or her patients and to fulfill any emergency call
requirements. The distance to the Hospital may vary depending upon the Medical
Staff category and privileges that are involved and the feasibility of arranging
alternative coverage, and may be defined in the Rules.
Some hospitals establish proximity by using mileage parameters; others prefer to use
an average travel time. Using a travel time is more difficult to monitor due to traffic
delays. It’s important to relate proximity to both home and office because of
emergency call responsibilities.
8.3.10 If requesting privileges only in departments operated under an exclusive contract,

be a member, employee, or subcontractor of the group or person that holds the
contract.
8.4 Additional Qualifications
In addition to meeting the minimum qualifications described above, each applicant and member
must:
8.4.1 Document his or her:
(a) Adequate experience, education, and training in the requested privileges;
(b) Current professional competence;
(c) Good judgment; and

(d) Adequate physical and mental health status (subject to any necessary
reasonable accommodation) to demonstrate to the satisfaction of the
Medical Staff that patients can reasonably expect to receive the generally-
recognized professional level of quality and safety of care for this
community. If the Medical Staff receives information suggesting that the
applicant cannot meet this standard, it will sequester this information
until it has completed its initial review of the application and the Medical
Executive Committee is prepared to make a recommendation on the
application.
The Americans with Disabilities Act (ADA) may apply to hospital credentialing
decisions. The primary concern is that the ADA can be interpreted to prohibit
requesting any information regarding physical or mental disabilities and
considering that information until after a decision has been made regarding
whether the applicant is otherwise qualified for privileges. Therefore, hospitals
should limit their inquiries during the initial application phase to only whether
the applicant can perform the privileges requested, with or without reasonable
accommodation, without posing a danger to patients. Once the practitioner
has been granted privileges, the Medical Staff can discuss what types, if any, of
reasonable accommodation are necessary.
That said, TJC-accredited hospitals should be aware of the requirements of

MS.06.01.05, EP 6, which includes the following note:
“The applicant's ability to perform privileges requested must be evaluated.

This evaluation is documented in the individual's credentials file. Such
documentation may include the applicant's statement that no health
problems exist that could affect his or her practice. Documentation regarding
an applicant’s health status and his or her ability to practice should be
confirmed. Initial applicants may have their health status confirmed by the
director of a training program, the chief of services, or the chief of staff at
another hospital at which the applicant holds privileges, or by a currently
licensed Doctor of Medicine or Osteopathy approved by the organized
medical staff. In instances where there is doubt about an applicant’s ability
to perform privileges requested, an evaluation by an external and internal
source may be required. The request for an evaluation rests with the
organized medical staff.”
Hospitals should consult with counsel regarding credentialing decisions that

may involve consideration of whether an applicant can, in fact, practice
safely with or without a reasonable accommodation.
8.4.2 Demonstrate an ability and commitment to:
(a) Adhere to the lawful ethics of his or her profession;
(b) Work cooperatively with others in the Hospital setting so as not to

adversely affect patient care or Hospital operations; and

(c) Participate in and properly discharge Medical Staff responsibilities.
8.4.3 If applying after previously holding membership and/or privileges, or if applying

for reappointment, pay all outstanding dues, fees, and/or assessments, if any, from
the prior or current appointment.
This is an optional provision. Some Medical Staffs have difficulty enforcing dues or fees
provisions; this paragraph makes payment a qualification for membership. This means
that if the practitioner does not pay, he or she will not be eligible to even apply for
membership and privileges.
8.5 Board Certification
Some hospitals and Medical Staffs may require board certification as a qualification for
membership. Experience has shown that a simple statement requiring board certification is
insufficient to address the complexities of the requirement. Therefore, we have a more detailed
discussion here, as well as provisions regarding when the requirement may be waived in the
Rules and Regulations.
8.5.1 “Specialty board,” as used in this section, means a national specialty board of, or
recognized by, the American Board of Medical Specialties or the American
Osteopathic Association, the American Board of Foot and Ankle Surgeons, or the
American Dental Association’s Council on Dental Education and Licensure.
This Model identifies some of the more common certifying boards; hospitals and
Medical Staffs may also identify other acceptable certifying boards.
8.5.2 Unless the individual qualifies for an exemption to this requirement pursuant to
the guidelines set forth in the Rules and Regulations, a Practitioner applying for
appointment or reappointment to the Medical Staff and/or for the granting or
extension of clinical privileges must, at the time of application, be certified by the
specialty board pertaining to the Practitioner’s clinical privileges.
See earlier comment regarding board certification requirements and the Medicare
Conditions of Participation.
8.5.3 Unless the member qualifies for an exemption to this requirement pursuant to the
guidelines set forth in the Rules and Regulations, all Medical Staff members are
required to maintain board certification throughout their membership on the
Medical Staff. Medical Staff members must obtain recertification from the
specialty board pertaining to the Practitioner’s clinical privileges if recertification is
required in order to maintain board certification. Failure of a Practitioner to
maintain board certification shall result in the automatic termination of his or her
Medical Staff membership and privileges. A Practitioner whose Medical Staff
membership and privileges are terminated for failing to maintain board
certification is not entitled to the hearing and appeal rights in these Bylaws.

Some hospitals only require board certification for initial applicants. The first sentence
above should be deleted in such cases.
See earlier comment regarding maintaining board certification. Some hospitals only
require board certification for initial applicants; some require that board certification
be continuously maintained throughout membership; and some require members to
comply with the ABMS member boards’ “Maintanence of Certification” requirements.
Medical Staffs should modify this section as appropriate to reflect their requirements.
8.5.4 If a Practitioner’s membership and privileges are subject to termination for failure
to attain or maintain board certification, the Medical Executive Committee, in its
sole discretion, subject only to the approval of the Governing Body, may extend
the date of termination of the Practitioner’s membership and privileges for up to
six weeks if the Medical Executive Committee determines that such extension is
necessary for the health and wellbeing of patients at the Hospital. The Medical
Executive Committee’s decision not to extend a Practitioner’s membership and/or
privileges, or to extend them for less than six weeks, is not subject to the hearing
and appeal rights in these Bylaws.
8.5.5 Board certification must correspond to the clinical privileges requested and
training program completed. An applicant or member need not be certified in a
general specialty for which he or she is requesting privileges if he or she is certified
in a subspecialty for which he or she is also requesting privileges.
8.6 Waiver
Waiver provisions reflect the reality that, on occasion and for the purpose of promoting patient
health and wellbeing, the Medical Staff and Hospital will need to grant privileges to a
practitioner who does not meet a standard qualification. That said, waivers should be
disfavored, as they can make mandatory qualifications discretionary, which then can give rise
to hearing rights. They also have been used as a basis for claiming economic credentialing and
discrimination, and may be used to support negligent credentialing claims. Before granting a
waiver, hospitals and Medical Staffs should consult with legal counsel.
Any applicant who does not satisfy one or more of the qualifications or criteria identified in this
Article or in any document describing the criteria for membership or privileges may request that the
qualification or criteria be waived, subject to the following:
8.6.1 It is the Medical Staff and Governing Body’s intent that waivers to any eligibility
criteria be granted rarely. Waivers are never granted for qualifications that are
required by law or accreditation standard.
8.6.2 Waivers of any eligibility criteria are disfavored and are granted only in extreme
circumstances when necessary to address an identifiable patient care need and only
if the waiver is found to be in the best interests of the Hospital and its patients’
health and wellbeing. The needs or circumstances of the applicant are irrelevant to
such determination.

8.6.3 The Governing Body, with a recommendation from the Medical Executive
Committee, is the sole determiner of whether a waiver is in the best interest of the
Hospital and its patients’ health and wellbeing.
Hospitals and Medical Staffs must avoid making recommendations or decisions on the
basis of the anticipated economic impact that an applicant’s practice may have on
other practitioners. Such consideration is impermissible in California and carries
significant legal risk.
8.6.4 A determination that a waiver is, or is not, in the best interest of the Hospital and
its patients’ health and wellbeing is not a determination as to whether the
Practitioner is otherwise qualified to hold membership or privileges, and does not
entitle the Practitioner to the hearing and appeal rights in these Bylaws.
8.6.5 Once the Board determines that a waiver is in the best interests of the Hospital
and its patients, the Practitioner requesting the waiver bears the burden of
demonstrating exceptional circumstances and that his or her qualifications are
equivalent to, or exceed, the criterion in question.
8.6.6 A determination to grant a waiver does not mean that appointment will be
granted, only that processing of the application can begin.
8.6.7 A determination to grant a waiver in a particular instance is not intended to set a

precedent.
8.7 General Responsibilities of Membership
Except as otherwise provided in these Bylaws, each Medical Staff member and Practitioner with
privileges must continuously meet all of the following responsibilities:
8.7.1 Provide patients with quality of care meeting the professional standards of the
Medical Staff.
8.7.2 Abide by the Governing Documents of the Medical Staff and the Hospital.
8.7.3 Abide by all applicable laws and government regulations and comply with
applicable accreditation standards.
8.7.4 Discharge in a responsible and cooperative manner the Medical Staff, department,
section, committee and service functions for which he or she is responsible.
8.7.5 Complete and document history and physicals in a timely manner consistent with
these Bylaws and other Governing Documents.
8.7.6 Appropriately inform patients and obtain consent, in a manner consistent with
Hospital and Medical Staff requirements.

8.7.7 Prepare and complete, in a timely and accurate manner, the medical and other
required records for all patients to whom the Practitioner in any way provides
services in the Hospital, in the manner consistent with Hospital policy and
procedure.
8.7.8 Abide by the ethical principles of his or her profession.
8.7.9 Refrain from unlawful fee splitting or unlawful inducements relating to patient
referral.
8.7.10 Refrain from harassment or discrimination against any person (including any
patient, Hospital employee, Hospital independent contractor, Medical Staff
member, volunteer, or visitor) based upon the person’s sex, gender identity,
gender expression, age, religion, race, creed, color, national origin, sexual
orientation, genetic information, military or veteran status, political affiliations or
activities, marital status, or any other legally-protected status, or the person’s
health status, ability to pay, or source of payment.
8.7.11 Refrain from delegating the responsibility for diagnosis or care of hospitalized
patients to a Practitioner or Allied Health Professional who is not qualified to
undertake this responsibility or not adequately supervised.
8.7.12 Provide for appropriate coverage of his or her patients.
8.7.13 Coordinate individual patients’ care, treatment and services with other
Practitioners and Hospital personnel, including, but not limited to, seeking
consultation whenever warranted by the patient’s condition or when required by
the Rules or policies and procedures of the Medical Staff or applicable
Department.
DNV-GL Standard MS.18 requires that the Bylaws define the circumstances and criteria
under which consultation or management is required.
8.7.14 Actively participate in, and regularly cooperate with, the Medical Staff in assisting
the Hospital to fulfill its obligations related to patient care, including, but not
limited to, continuous organization-wide quality measurement, assessment, and
improvement; peer review, including providing information during corrective
action investigations and testimony during hearings; utilization management;
quality evaluation; Ongoing and Focused Professional Practice Evaluations and
related monitoring activities required of the Medical Staff; and in discharging other
such functions as may be required from time to time.
8.7.15 Upon request, provide information from his or her office records or from outside
sources as necessary to facilitate the care, or review of the care, of specific patients.
8.7.16 Communicate with appropriate Department officers and/or Medical Staff Officers
when he or she obtains credible information indicating that a fellow Medical Staff
member may have engaged in unprofessional or unethical conduct or may have a

health condition which poses a significant risk to the well-being or care of patients,
and then cooperate as reasonably necessary toward the appropriate resolution of
any such matter.
8.7.17 Accept responsibility for participating in proctoring in accordance with the Rules
and policies and procedures of the Medical Staff.
8.7.18 Complete continuing professional education that meets all licensing requirements
and is appropriate to the Practitioner’s specialty.
8.7.19 Adhere to the Medical Staff Standards of Conduct as described in the Governing
Documents so as not to adversely affect patient care or Hospital operations.
8.7.20 Work cooperatively with other members, Hospital staff, and Hospital
administration so as not to adversely affect patient care or Hospital operations.
8.7.21 Participate in emergency service coverage and consultation panels as allowed and
required by the Medical Staff or Hospital.
The model Rules that accompany these Bylaws recommend that hospitals develop
rules to address emergency room call responsibilities. These responsibilities vary
significantly from hospital to hospital. It is imperative that each hospital develop call
provisions, and it is strongly recommended that they be included in the Rules to
enhance the Medical Staff’s ability to enforce the obligations.
8.7.22 Cooperate with the Medical Staff in assisting the Hospital to meet its
uncompensated or partially-compensated patient care obligations.
8.7.23 Comply with any rules relating to any training program for health care
Practitioners and professionals that the Hospital may sponsor or participate in,
including residency programs.
8.7.24 Participate in patient and family education activities as determined by the

Department or Medical Staff Rules, or the Medical Executive Committee.
8.7.25 Notify the Medical Staff office in writing promptly, and no later than five calendar
days, following any investigations into, or action taken regarding, the member’s
license, Drug Enforcement Administration registration, board certification, or
privileges at other facilities; any changes in liability insurance coverage; any report
filed with the National Practitioner Data Bank or licensing board; any arrest or
charge for any alleged criminal act with the exception of a traffic violation that
does not rise to the level of either a misdemeanor or felony; or any other action or
change in circumstances that renders the information previously provided out-of-
date or that could affect his/her qualifications for Medical Staff membership
and/or clinical privileges at the Hospital.
8.7.26 Continuously meet the qualifications for and perform the responsibilities of
membership as set forth in the Governing Documents. A member may be
required to demonstrate continuing satisfaction of any of the requirements of

these Bylaws upon the reasonable request of the Medical Executive Committee.
This shall include, but is not limited to, submitting to mandatory physical or
mental health evaluation and mandatory drug and/or alcohol testing, the results of
which shall be reportable to the Medical Executive Committee, the Well-Being
Committee, and/or the Professional Conduct Committee.
This requirement is repeated elsewhere in these Bylaws; however, it is an important

point that is worth making again.
8.7.27 Discharge such other obligations as may be lawfully established from time to time
by the Medical Staff or Medical Executive Committee.
8.8 Conduct Expectations
Medical Staffs should adopt a comprehensive policy that specifies what constitutes appropriate
and inappropriate behavior, and how the Medical Staff will address reports of inappropriate
behavior. An overview of such a policy is described in the Rules.
8.8.1 The Medical Staff expects Practitioners and AHPs to work cooperatively to create
a cohesive, harmonious, and professional environment that respects the entire care
team and supports a high level of patient care. The desired care environment will
require from each Medical Staff member and AHP teamwork, mutual respect, and
a personal commitment to the Medical Staff’s and Hospital’s behavior
expectations.
8.8.2 By applying for, or accepting, membership and/or privileges, each Practitioner and
AHP acknowledges and agrees that appropriate conduct and behavior is critical to
the delivery of quality patient care, to the Hospital’s orderly functioning, and to the
Hospital’s and Medical Staff’s ability to meet their obligations to patients,
Practitioners, staff, and the community.
8.8.3 By applying for, or accepting, membership and/or privileges, each Practitioner and
AHP acknowledges and agrees that he or she will comply with any Medical Staff
rules or policies delineating behavior expectations; will communicate
professionally with all individuals in the Hospital, and will not engage in any
unacceptable and/or inappropriate conduct, as defined in any Governing
Document, while at the Hospital; will not tolerate hostile or threatening behavior
against any individual at the Hospital; and will not retaliate against any individual at
the Hospital who reports the Practitioner or Allied Health Staff member to the
Hospital or Medical Staff regarding the Practitioner or Allied Health Staff
member’s behavior or clinical practice.
8.8.4 If a Practitioner or Allied Health Staff member has concerns or complaints about
any of the following, he or she will address them in a professional manner to the
appropriate Medical Staff officer, Department Chair, Department manager,
nursing/staff supervisor, administrator, or Governing Body representative:

• Patient care;
• Performance or behavior of a Medical Staff member, Allied Health Staff

member, or employee;
• Hospital facilities, operations, policies, governance, administration, action or

inaction; or
• Medical Staff operations, governance, Bylaws, Rules and Regulations, policies

or procedures, processes, or action.
8.8.5 Each Practitioner and AHP acknowledges and agrees that behavior that falls
below the Medical Staff’s standards can adversely affect patient care and Hospital
operations and may be grounds for corrective action.
8.8.6 Reports of a Practitioner’s or Allied Health Staff member’s failure to meet these
standards or to comply with any other Medical Staff policy and procedure
addressing behavior shall be addressed in the manner outlined in the relevant
Medical Staff Rules and Code of Conduct.

ARTICLE 9
MEMBERSHIP STATUS
9.1 Categories of Membership
9.1.1 Each Medical Staff member shall be assigned to a Medical Staff category based on
his or her qualifications. The member shall have the prerogatives and
responsibilities detailed for the membership category in these Bylaws.
9.1.2 A member may be assigned to a different membership category by the Medical

Executive Committee either during appointment or at reappointment if a change
in qualifications occurs. A change in Medical Staff category is not in and of itself
grounds for a hearing under these Bylaws.
9.1.3 The staff categories are: [fill in]
Not all of the categories described below will apply to every hospital. Hospitals can
choose which apply and list them here.
9.2 Description of Prerogatives and Responsibilities
TJC MS.01.01.01, EP 15, requires that the Medical Staff Bylaws include a description of the
roles and responsibilities of each category of practitioner on the Medical Staff. The sections
that follow fulfill this requirement.
9.2.1 Members’ prerogatives are based on the membership category they hold and are
delineated in the description of each staff category. The available prerogatives and
their meaning include the following:
(a) Admit patients, if granted privileges to do so.
Notwithstanding this provision, the Medical Staff privileging forms must

specify whether an individual practitioner has been granted admitting
privileges or not.
(b) Eligible for clinical privileges: Exercise those clinical privileges that have
been approved.
(c) Vote on any Medical Staff matter, including Bylaws amendments, officer
selection, and other matters presented at any general or special staff
meetings and on matters presented at department meetings.
(d) Hold office in the Medical Staff and in the department to which he or she
is assigned.
(e) Serve on committees.
(f) Vote on committee matters.

9.2.2 In addition to the requirement to continuously comply with the basic
responsibilities applicable to all members set forth in the Membership
Qualifications and Responsibilities Article, members are expected to carry out
additional responsibilities based on the membership category they hold. Those
responsibilities are delineated in the description of each staff category, and may
include:
(a) Medical Staff functions: Contribute to, and participate equitably in, staff
functions, as described in the Governing Documents or at the request of
a Department Chair or other officer, including: contributing to quality
improvement, risk management and utilization management activities;
serving in Medical Staff and department offices and on Hospital and
Medical Staff committees; participating in and assisting with the
Hospital’s medical education programs; proctoring other Practitioners;
and fulfilling such other staff functions as may reasonably be required.
(b) Consulting with other Medical Staff members consistent with his or her
delineated privileges.
(c) Emergency room call: Serving on the on-call roster and accepting
responsibility for providing care to any patient requiring on-call coverage
in his or her specialty, in accordance with rules approved by the Medical
Executive Committee and the Governing Body.
(d) Attend meetings: Attend at least the minimum number of Medical Staff
[and department] meetings specified in the Medical Staff Bylaws or
department rules.
(e) Pay fees/dues: Pay application fees, dues, and assessments in the
amounts specified in the rules.
9.2.3 In addition to the above, other prerogatives or responsibilities may be identified in

each staff category. Prerogatives and responsibilities also may be subject to
limitation, as described in the Governing Documents.
9.3 Active Staff
Each Medical Staff must decide what activity is necessary for Active Staff membership
and whether courtesy members must have some minimum level of activity in order to
maintain membership. The numbers in these Bylaws are examples only.
(a) The Active Staff consists of members of the Medical Staff who are
involved in at least [____ patient contacts] at the Hospital during the
two-year appointment term and who have been members in good
standing on the Provisional Staff for at least [12 months], [or who

demonstrate, by way of other substantial involvement in Medical Staff or
Hospital activities, a genuine concern and interest in the Hospital].
Some hospitals choose to allow practitioners who are not clinically active,
but who provide service to the hospital in other ways, Active Staff status. We
note, however, that other staff categories may be better suited for these
practitioners and recommend that only committed, clinically active
practitioners be granted Active Staff status. Only Medical Staffs that cannot
easliy recruit members to participate in leadership positions should grant
Active Staff status to practitioners who are not clinically active at the
hospital but show commitment to the organization.
(b) Active Staff members must meet each of the minimum qualifications and
additional qualifications detailed in the Membership Qualifications and
Responsibilities Article of these Bylaws.
9.3.2 Prerogatives. Active staff members may:
(a) Admit patients.
(b) Be eligible for clinical privileges.
(c) Vote.
(d) Hold office.
(e) Serve on committees.
(f) Vote on committee matters.
9.3.3 Responsibilities. Active Staff members hold the following responsibilities:
(a) Medical Staff functions.
(b) Consulting.
(c) Emergency room call.
(d) Attend meetings.
(e) Pay fees/dues.
9.4 Courtesy Staff
Medical Staffs have begun consolidating staff categories. Here, rather than separate
"consulting staff" and "courtesy staff" categories, we have recommended a single, combined
category. Medical Staffs can, of course, create additional categories to meet their needs,
delineating the qualifications, prerogatives, and responsibilities as appropriate.

(a) The Courtesy Staff consists of members of the Medical Staff who are
involved in at least one patient contact at the Hospital during the
two-year appointment term and who have been members in good
standing on the Provisional Staff for at least [12 months]. Courtesy Staff
members with fewer than _____ patient contacts during the two-year
appointment term must also be an active staff member at another
accredited hospital.
The last sentence above is optional.
(b) Courtesy Staff members must meet each of the minimum qualifications
and additional qualifications detailed in Membership Qualifications and
Responsibilities Article.
9.4.2 Prerogatives. Courtesy staff members may:
(a) Admit patients.
(c) Serve on committees.
This is optional.
(d) Vote on committee matters.
This is optional.
9.4.3 Responsibilities. Courtesy Staff members hold the following responsibilities:
(b) Consulting.
This is optional.
This is optional.
(e) Pay fees/dues.
9.5 Community Affiliate
This staff category is for members who only refer patients to the Hospital and do not hold
privileges.

(a) The Community Affiliate Staff consists of members of the Medical Staff
who desire to be associated with the Hospital, but do not intend to
practice at the Hospital.
(b) Community Affiliate Staff members must meet each of the minimum
qualifications and additional qualifications detailed in the Membership
Qualifications and Responsibilities Article, except they do not need to:
(i) Hold a DEA number.
(ii) Be board certified.
Some hospitals may want these practitioners to be board certified.
(iii) Be eligible to receive Medicare and Medicaid payments, or qualify

as an Ordering, Referring, and Prescribing provider for Medicare
and Medicaid; however, they may not be excluded from Medicare
or Medicaid.
(iv) Meet the location requirements.
(v) Pledge to continuous care.
9.5.2 Prerogatives. Community Affiliate Staff members may:
(a) Refer patients to the Hospital for admission and care, but may not admit
or provide clinical services at the Hospital.
(b) Refer patients to the Hospital’s diagnostic facilities and order diagnostic
tests.
(c) Communicate with the clinical staff about the care of patients who they
refer; visit those patients, and review the medical records and test results
for those patients, but may not admit patients, attend patients, write
orders for inpatients, input information into the medical record, perform
consultations, assist in surgery, or otherwise participate in the
management of clinical care to patients at the Hospital.
(d) Serve on committees.
This provision is optional. If the Medical Staff finds value in allowing

Community Affiliate Staff members to serve on committees, or to both serve
and vote on committees, then this provision should be kept. If the Medical
Staff does not want to allow Community Affiliate Staff members to serve or
vote on committees, this provision should be deleted.

(e) Vote on committee matters.

Community Affiliate Staff members to serve on committees, or to both serve
and vote on committees, then this provision should be kept. If the Medical
Staff does not want to allow Community Affiliate Staff members to serve or
vote on committees, this provision should be deleted.
(f) Attend Medical Staff meetings and department meetings, without vote.
(g) Attend educational activities.
9.5.3 Responsibilities. Community Affiliate Staff members hold the following

responsibilities:
(a) Pay fees/dues.
This is optional.
9.6 Telemedicine Staff
9.6.1 The Telemedicine Staff consist of members who solely provide telemedicine
services to patients at the Hospital.
(a) Telemedicine Staff members must meet each of the minimum

qualifications and additional qualifications detailed in Membership
Qualifications and Responsibilities Article, except they do not need to:
(i) Hold a DEA number, unless they request prescribing privileges.
(ii) Be board certified.
(iii) Meet the location requirements.
(iv) Pledge to continuous care.
(b) Notwithstanding the above, Telemedicine Staff members may be

exempted from some or all of the minimum qualifications and additional
qualifications if they are credentialed through the Telemedicine Staff
Membership And Clinical Privileges provisions found below.
Some hospitals and Medical Staffs permit a more “streamlined” version of

credentialing of telemedicine providers.
9.6.2 Prerogatives. Telemedicine Staff members may:
(a) Be eligible for telemedicine clinical privileges.

(b) Serve on committees.
This is optional.
(c) Vote on committee matters.
This is optional.
(d) Attend Medical Staff meetings and department meetings, without vote.
(e) Attend educational activities.
9.6.3 Responsibilities. Telemedicine Staff members hold the following responsibilities:
(a) Medical Staff Functions.
(b) Pay fees/dues.
9.7 Provisional Staff
9.7.1 Qualifications.
(a) The Provisional Staff consists of members of the Medical Staff who have
been appointed to the Medical Staff after applying as an initial applicant
and who do not hold, at the time of appointment, other staff status on
the Medical Staff.
(b) Provisional Staff members must meet each of the minimum qualifications
and additional qualifications detailed in the Membership Qualifications
and Responsibilities Article.
9.7.2 Prerogatives. Provisional Staff members may:
(a) Admit patients.
This is optional.
This is optional.
9.7.3 Responsibilities. Provisional Staff members hold the following responsibilities:
(b) Consulting.

(e) Pay fees/dues.
9.8 Temporary Staff
The “Temporary Staff” status takes the place of the “Locum Tenens Affiliate” status in previous
models.
(a) The Temporary Staff consists of Practitioners who have been granted
privileges to fulfill an important patient care need under the “Temporary
Privileges” section in the Privilege Delineation Article of these Bylaws,
and who are not currently applying for membership.
(b) Temporary Staff must meet each of the minimum qualifications and
additional qualifications detailed in the Membership Qualifications and
Responsibilities Article, except they do not need to:
(i) Be board certified.
(ii) Meet the location requirements.
9.8.2 Prerogatives. Temporary Staff Practitioners may:
(a) Admit patients.
9.8.3 Responsibilities. Temporary Staff Practitioners hold the following responsibilities:
(b) Consulting.
(d) Pay fees/dues.
9.9 Graduate Staff
In the prior model, this category was referred to as “House Officers.” However, a more
accurate term would be to recognize that these practitioners are not practicing through the
training program, but rather are “moonlighting,” meaning they must have membership and
privileges to practice.

(a) The Graduate Staff consists of members who (i) have completed at least
one residency program, but are currently a resident or fellow in a training
program, and (ii) are practicing at this Hospital within their existing
specialty.
(b) The Graduate Staff do not have to be board certified.
9.9.2 Prerogatives. Graduate Staff may:
(a) Admit patients.

Graduate Staff members to serve on committees, or to serve on committees,
then this provision should be kept. If the Medical Staff does not want to allow
Graduate Staff members to serve on committees, this provision should be
deleted.

Graduate Staff members to serve on committees, or to vote on committees,
then this provision should be kept. If the Medical Staff does not want to allow
Graduate Staff members to vote on committees, this provision should be
deleted.
(e) Attend Medical Staff meetings and department meetings, without vote.
(f) Attend educational activities.
9.9.3 Responsibilities. Graduate Staff members hold the following responsibilities:
(b) Consulting.
(d) Pay fees/dues.
9.10 Committee Staff
This is an optional category and intended to offer a staff status if a Medical Staff
needs practitioners to fulfill committee and other functions.

(a) Committee Staff shall consist of members who do not hold privileges,
but who are appointed to the staff in order to participate in Medical Staff
functions.
(b) Committee Staff are not required to meet any of the minimum or
additional qualifications identified in these Bylaws, but must hold a
current California license as a Practitioner.
9.10.2 Prerogatives. Committee Staff may:
(a) Serve on committees.
(b) Vote on committee matters.
(c) Attend Medical Staff meetings and department meetings, without vote.
(d) Attend educational activities.
9.11 Administrative Staff
(a) The Administrative Staff consists of California-licensed Practitioners who

are not eligible for other staff category and who are retained by the
Hospital or appointed by the Medical Staff to perform on-going medical
administrative activities.
(b) Administrative Staff do not have to meet any of the minimum

qualifications or additional qualifications for membership, other than to
be currently licensed Practitioners.
(c) Because Administrative Staff appointment is conditioned on the

Practitioner’s position with the Hospital or Medical Staff, the termination
of that position shall result in the automatic termination of staff status,
without any hearing and appeal rights described in these Bylaws.
9.11.2 Prerogatives
(b) Vote on committee matters, if the right to do so is specified by the

Medical Executive Committee at time of appointment or within the
committee description.
Alternatively, these members can simply be given the right to vote on any
committee on which they serve.

(c) Attend Medical Staff meetings and department meetings, without vote.
(d) Attend educational activities.
9.12 Honorary Staff
Some hospitals adopt “Retired Staff” and “Honorary Staff” as different categories. Hospitals
seem to be moving toward combining the status to have fewer staff statuses to manage.
9.12.1 Qualifications.
(a) The Honorary Staff consists of members who either (i) have a record of
previous service to the Hospital, have retired from the active practice of
medicine and, in the discretion of the Medical Executive Committee, are
in good standing at the time of initial application for membership on the
Honorary Staff; or (ii) are recognized for outstanding or noteworthy
contributions to the medical sciences.
(b) Honorary Staff do not have to meet any of the minimum qualifications or
additional qualifications for membership.
9.12.2 Prerogatives. Honorary Staff members may:
(b) Attend Medical Staff meetings and department meetings, without vote.
(c) Attend educational activities.

ARTICLE 10
PROCEDURES FOR APPOINTMENT AND REAPPOINTMENT
10.1 General
10.1.1 Unless otherwise provided in this Article and in the Privilege Delineation Article,
“applicant” shall refer to Practitioners applying for appointment, reappointment,
and/or privileges.
10.1.2 The process for granting Allied Health Staff status and privileges or other
permissions to practice to AHPs shall be detailed in the Rules and Regulations.
10.1.3 Practitioners may apply for appointment to the Medical Staff by completing an
application. Practitioners are appointed to the Medical Staff and/or are granted
privileges only after the processes delineated in this Article and the Privilege
Delineation Article are completed. Except as otherwise described in these Bylaws,
only the Governing Body has the authority to appoint members and to grant
privileges. All decisions regarding appointment and the granting of privileges shall
be made using the criteria and standards for membership and clinical privileges
set forth in the Medical Staff’s Governing Documents. Such decisions shall be
objective and evidence-based and shall, where appropriate, reflect the general
competencies required by the applicable accrediting body.
TJC allows the Chief Executive Officer to, under certain circumstances, grant
temporary privileges. There have been isolated anecdotal reports that CMS has, in
the past, cited hospitals who allow this, citing the Condition of Participation that
suggests only the Governing Body determines whether to grant privileges (see 42
C.F.R. Section 482.12(a)(2)). CMS reportedly has backed away from that position as it
applies to temporary privileges. As will be discussed further below, hospitals and
Medical Staffs should consult legal counsel regarding who has authority to grant
temporary privileges.
TJC Standard MS.06.01.05 requires that the decision to grant or deny a privilege be
through a process that is objective and evidence based.
TJC also has incorporated “general competencies” into its credentialing and
privileging standards (see the Introduction to MS.06.01.01). Although the Bylaws do
not have to reflect these competencies, TJC-accredited hospitals should ensure that
their processes comply.
10.1.4 Initial applicants who, at the time of application or at any time during which the
application is being processed, have an accusation against their license in which
the licensing body is requesting revocation, limitation, or suspension of the
license shall not be eligible to apply for appointment, reappointment, or privileges
until the licensing action has been resolved.

This is an aggressive approach to credentialing. Sometimes, a Medical Staff will have
an initial applicant who is currently subject to a Medical Board accusation which has
not yet been resolved. These applicants present challenges, as it is difficult to truly
determine their qualifications while the accusation is outstanding. Here, we suggest a
way that does not require the Medical Staff to parse these issues; instead, the initial
applicant is simply ineligible. A Medical Staff could expand this limitation to apply to
reappointment applications as well; however, in those instances, the Medical Staff
usually has an opportunity to evaluate the practitioner based on his or her
performance during the previous appointment.
Notably, these approaches have not been tested in California courts.
10.1.5 Any history of revocation, suspension, restriction, or other disciplinary or

corrective action by any state licensing authority, professional organization,
certification board, peer review body, or health care entity (including an IPA,
HMO, PPO, health plan, or private payor) regarding a Practitioner’s license,
certificate, membership or clinical privileges, whether contested or voluntarily
accepted, may constitute grounds for denial of the applicant’s application for
appointment or reappointment for membership and clinical privileges or practice
prerogatives. The Medical Staff shall consider the nature and gravity of the
charges or allegations and any resulting disciplinary or corrective action; however,
the fact of the revocation, suspension, restriction or other disciplinary or
corrective action shall independently be sufficient grounds for finding the denial
to be reasonable and warranted. The provisions in this paragraph apply only to
action taken for reasons related to that aspect of a Practitioner’s competence or
professional conduct that is reasonably likely to be detrimental to patient safety or
to the delivery of patient care.
Again, this is an aggressive approach. However, because it is not an automatic action

(it may be grounds for denial but does not automatically result in ineligibility or
denial), these provisions may withstand legal scrutiny. This approach has not been
tested in California courts.
10.2 Obligations of Applicants
10.2.1 Agree to Comply with Governing Documents.
By applying to this Medical Staff for membership and/or privileges, whether initial
appointment or reappointment, Practitioners agree that they have read the Medical
Staff Bylaws and Rules and Regulations, and that they:
(a) Agree that they will abide by the Medical Staff Governing Documents in
effect throughout their term of appointment, and
(b) Acknowledge that the granting of membership and/or privileges is

expressly conditioned on their continued compliance with the Medical
Staff Governing Documents in effect throughout their term of

appointment or privileges, and that failure to comply may result in
corrective action.
10.2.2 Complete Application Required
(a) Each applicant has the obligation to provide a complete application to

the Medical Staff for consideration. An application will not be considered
complete unless the application form has been filled in completely, all
questions on the application form have been answered, all supporting
documentation has been supplied, all entries and attachments are legible,
understandable, and substantively responsive on every point of inquiry,
and necessary information has been verified from primary sources. Once
this occurs, an application shall be considered preliminarily complete and
may be processed further as described below.
Using the “preliminarily complete” designation leaves open the possibility

that the Medical Staff will require additional information before the
application will be considered complete.
(b) If, at any time during the processing, any individual or committee with
responsibility for review of the application determines that additional
information from or regarding the applicant is needed in order to
evaluate the application, the application will be considered incomplete
until that information is supplied. If the requested information or
materials are in the exclusive possession of another person or entity, the
applicant must take the necessary measures to obtain them or to arrange
for them to be submitted to the Medical Staff directly by the source. If
the applicant fails to provide the information requested within 30 days
after being informed of the need for additional information, or within a
later deadline if one is specified in writing to the applicant, then the
application will be deemed incomplete and voluntarily withdrawn.
Withdrawn applications will not be processed further and do not entitle
the applicant to the hearing rights in these Bylaws.
This approach places the burden squarely on the applicant to produce the
information necessary for the Medical Staff to make an informed
recommendation regarding his or her application. The failure to provide that
information means that the Medical Staff cannot make an informed
recommendation regarding appointment or denial, meaning the application is
incomplete. If the application remains incomplete for a period of time, the
Medical Staff can consider the application voluntarily withdrawn. Under limited
circumstances, the withdrawal of an application may require a report to the
licensing board or the National Practitioner Data Bank. However, because the
withdrawal was voluntary and did not result from a final proposed action or
recommendation, the Medical Staff may be able to assert that the practitioner is
not entitled to hearing rights under state and federal law, or the Bylaws.
However, we recommend that Medical Staffs consult with legal counsel prior to
determining whether a hearing is required.

10.2.3 Burden of Producing Information
(a) At all times, applicants for appointment, reappointment, and privileges

have the burden of demonstrating to the Medical Staff and the
Governing Body that they qualify for membership, Allied Health Staff
status, or the requested privileges. Applicants have the burden of
producing accurate and adequate information for a thorough evaluation
of the applicant’s qualifications and suitability for the requested status or
privileges, resolving any reasonable doubts about these matters and
satisfying requests for information. Failing to sustain this burden,
providing false or misleading information, and making significant
omissions of information shall each individually be grounds for denial of
the application or the request.
(b) Applicants, at all times during the processing of their applications, have
the burden of updating and correcting any information they have
provided as part of the application process. An applicant must inform the
Medical Staff in writing within 14 days of any change in the information
previously provided, regardless of its source. Failure to inform the
Medical Staff in writing of changes to the information previously
provided may result in the denial of the application or request.
(c) If the Medical Executive Committee determines it appropriate, the

burden to produce information for any individual applicant may include
submission to a physical or mental health examination and/or mandatory
drug and alcohol testing at the Practitioner’s expense, and the submission
of the results of the examination to the Medical Executive Committee or
designee. The application shall be incomplete until the examination
results are submitted to the Medical Executive Committee. If the results
are not submitted within the time frame set by the Medical Executive
Committee, which shall be no less than 30 days from the date of the
request, then the application shall be deemed incomplete and voluntarily
withdrawn. Withdrawn applications will not be processed further and do
not entitle the applicant to the hearing rights in these Bylaws.
See earlier comment.

10.3 Processing of Membership/Privileges Applications
TJC Standard MS.01.01.01, EPs 14, 15, 26, and 27, require that the Medical Staff Bylaws include
the basic steps of the credentialing, recredentialing, privileging, re-privileging, appointment,
and reappointment processes. The details beyond the “basic steps” can be placed in other
documents. However, experience has shown that separating the provisions of the credentialing
process into two different documents can result in redundancy, conflict, and confusion – as well
as requiring end users to consult two different documents when faced with a question
regarding the process. Moreover, these provisions tend to rarely be amended, so they do not
benefit from the different amendment processes that apply to policies or Rules. Therefore, this
version of the Model Bylaws houses a more comprehensive approach to credentialing and
recredentialing.
10.3.1 General
All applications for appointment and reappointment shall be processed in the manner
described in the Medical Staff’s Governing Documents, including the Governing Body
Action Section of these Bylaws.
10.3.2 Applications
(a) Applicants may request an application for membership and/or privileges

through the Medical Staff Services Administration. The application form
shall be approved by the Medical Executive Committee and the
Governing Body. The content of applications shall be described in the
Medical Staff Rules and Regulations. Completed applications shall be
submitted as directed and must be accompanied by the application fee.
Medical Staffs should include with each application a cover letter explaining
how to submit the application. Medical Staffs may have electronic portals
instead.
(b) By submitting an application, the applicant has agreed to be bound by the

Governing Documents and all the responsibilities and agreements
described within throughout both the application period and, if granted,
throughout his or her term of Medical Staff membership, privileges, or
Allied Health Staff status. In addition, the applicant:
(i) Signifies his or her willingness to appear for interviews regarding

his or her application for appointment.
(ii) Authorizes Medical Staff and Hospital representatives to consult

with persons or entities who have been associated with the
applicant or who otherwise may have information bearing on the
applicant’s competence and qualifications or that is otherwise
relevant to the pending review, and authorizes such persons to
provide all information that is requested orally and in writing.

(iii) Consents to the inspection and copying by Medical Staff and
Hospital representatives of all records and documents that may
be relevant or lead to the discovery of information relevant to the
pending review, regardless of who possesses these records, and
directs individuals who have custody of such records and
documents to permit inspection and/or copying.
(iv) Certifies that he or she will report any subsequent changes in the
information submitted on the application form to the Medical
Staff Services Administration and the Chief Executive Officer.
(v) Releases from any and all liability the Medical Staff and the
Hospital and its representatives for their acts performed in
connection with evaluating the applicant.
(vi) Releases from any and all liability all individuals and organizations
who provide information concerning the applicant, including
otherwise privileged or confidential information, to Medical Staff
or Hospital representatives.
(vii) Authorizes and consents to Medical Staff and Hospital

representatives providing other System Members and other
health care entities, professional societies, licensing boards and
other organizations concerned with provider performance and
the quality of patient care with relevant information the Medical
Staff or Hospital may have concerning him or her, and releases
the Medical Staff and Hospital and their representatives from
liability for so doing, including, but not limited to, claims arising
from laws forbidding restraint of trade.
(viii) Consents to undergo, and to release the results of, a physical or

mental health examination by a health care professional
acceptable to the Medical Executive Committee, as well as to
undergo, and release the results of, drug and alcohol testing, at
the applicant’s expense, if deemed necessary by the Medical
(ix) Signifies his or her willingness to abide by all the conditions of

membership, as stated in the Bylaws and other Governing
Documents.
For purposes of this Article the term “Hospital representative” includes the Governing Body, its
individual Directors or Trustees and committee members; the Chief Executive Officer, Hospital
employees, the Medical Staff, all Medical Staff Leaders and/or committee members having responsibility
for collecting information regarding or evaluating the applicant’s credentials; and any authorized
representative or agent of any of the foregoing.

10.3.3 Verification of Information
(a) After the applicant has submitted the application, the Medical Staff shall
determine whether the application has been filled out in its entirety and
whether all requested documentation, including fees, have been provided.
If any information has not been provided, the application will be
considered incomplete. The Medical Staff will inform the applicant of
what information is missing and that the applicant has 30 days to provide
the missing information. If the applicant fails to provide the information
within the deadline, then the application shall be deemed incomplete and
voluntarily withdrawn. Withdrawn applications will not be processed
further and do not entitle the applicant to the hearing rights in these
Bylaws.
(b) Once an application that has been filled out in its entirety and all
requested documentation and fees have been provided, the Medical Staff
or its designee shall verify the information, including, but not limited to,
licensure status, training and education, current proficiency with respect
to the Hospital’s general competencies (as applicable to the privileges
requested), health status, other evidence submitted in support of the
application, professional liability action history, confirmation that the
Practitioner is the same individual identified in the credentialing
documents (by viewing a current, valid picture Hospital ID card or a valid
state or federal agency picture ID card), and at least two written
verifications of peer references. The Hospital’s authorized representative
also shall query the National Practitioner Data Bank, and the Medical
Staff shall query the licensing board and the Office of Inspector General
Exclusion list. The Medical Staff shall have policies and procedures
describing the process for verifying information, as well as which
information requires primary source verification and from what sources
verification may be obtained.
TJC Standard MS.06.01.03, EP 6, and DNV-GL Standard MS8, SR.1, requires

primary source verification, where feasible, of certain information. These
details do not need to be in the Bylaws or Rules; we recommend allowing
flexibility to put in policies.

(c) If the Medical Staff cannot verify the information, or finds
inconsistencies when attempting to verify the information, it shall so
inform the applicant. The applicant shall have 30 days to correct the
information or explain the inconsistencies to the satisfaction of the
Medical Staff. Failure to correct or provide a satisfactory explanation shall
result in the application being deemed incomplete and voluntarily
withdrawn. Withdrawn applications will not be processed further and do
not entitle the applicant to the hearing rights in these Bylaws.
(d) After the information provided has been verified, the application may be
deemed preliminarily complete and submitted to the department for
further processing.
10.3.4 Department Review
This applies to hospitals with departments.
Upon receipt, the Department Chair or Department Committee shall review the
application and supporting documentation, may personally interview the applicant,
and may request that the applicant provide additional information. Based upon the
criteria for appointment or reappointment (as applicable) described in the
Governing Documents, the Chair shall transmit to the Credentials Committee on
the prescribed form a written report with recommendations as to staff
appointment and clinical privileges. The Department Chair or Department
Committee may instead request that the Medical Staff defer action on the
application but must provide reasons for this request.
10.3.5 Credentials Committee Action
For hospitals with credentials committees.
The Credentials Committee shall review the application, the supporting

documentation, the department’s report and recommendations, and other such
information available to it that may be relevant to its consideration. The
Credentials Committee or a subcommittee may personally interview the applicant
and may request that the applicant provide additional information. The Credentials
Committee shall then transmit to the Medical Executive Committee on the
prescribed form a written report with recommendations as to staff appointment,
department/section affiliations, and clinical privileges. The Credentials Committee
may instead request that the Medical Staff defer action on the application but must
provide reasons for this request.
10.3.6 Medical Executive Committee Action
(a) After receipt of the Department and Credentials Committee report and
recommendations, the Medical Executive Committee shall consider all
relevant information available to it. The Medical Executive Committee

may defer its recommendation in order to obtain or clarify information
or in other special circumstances. A deferral must be followed up within
60 days of receipt of information with a subsequent recommendation.
(b) After confirming it has sufficient information to make a

recommendation, the Medical Executive Committee shall formulate a
preliminary recommendation as to whether the applicant meets the
relevant criteria specified in the Governing Documents regarding
appointment, reappointment, and privileges. If the preliminary
recommendation is favorable, the Medical Executive Committee shall
then assess the applicant’s health status and determine whether the
applicant is able to perform, with or without reasonable accommodation,
the necessary functions of a member of the Medical Staff or Allied
Health Staff.
(c) Thereafter, the Medical Executive Committee will formulate a written

report with final recommendations to the Governing Body, as follows:
(i) Favorable Recommendation: Favorable recommendations shall

be promptly forwarded to the Governing Body together with the
application form, its accompanying information, and the reports
and recommendations of the Department and Credentials
Committee as to staff appointment, department and section
affiliations, clinical privileges to be granted, and any special
conditions to be attached to the appointment.
(ii) Adverse Recommendation: When the recommendation is adverse

in whole or in part, the Chief of Staff shall immediately inform
the Practitioner by Special Notice, and he or she shall be entitled
to such procedural rights as may be provided in these Bylaws.
The Governing Body shall be generally informed of, but shall not
receive, detailed information, and shall not take action on the
pending adverse recommendation until the applicant has
exhausted or waived his or her procedural rights.
10.3.7 Governing Body Action
(a) On Favorable Medical Executive Committee Recommendation: Giving

great weight to the Medical Executive Committee’s recommendation, and
in no event acting in an arbitrary or capricious manner, the Governing
Body shall adopt, reject or modify a favorable recommendation of the
Medical Executive Committee, or shall refer the recommendation back to
the Medical Executive Committee for further consideration, stating the
reasons for the referral and setting a time limit within which the Medical
Executive Committee shall respond. If the Governing Body’s action is
itself grounds for a hearing under the Hearings and Appeals Article of
these Bylaws, the Chief Executive Officer shall promptly inform the

applicant by Special Notice, and he or she shall be entitled to the
procedural rights as provided in these Bylaws.
This standard is consistent with Business and Professions Code Section

809.05(a): “The governing bodies of acute care hospitals have a legitimate
function in the peer review process. In all peer review matters, the governing
body shall give great weight to the actions of peer review bodies and, in no
event, shall act in an arbitrary or capricious manner.”
(b) Without Benefit of Medical Executive Committee Recommendation: If

the Governing Body does not receive a Medical Executive Committee
recommendation within 270 days of the application being deemed
complete, it may, after giving the Medical Executive Committee written
notice and a reasonable time to act, take action on its own initiative. If
such recommendation is favorable, it shall become effective as the final
decision of the Governing Body. If the recommendation is grounds for a
hearing under the Hearings and Appeals Article of the Bylaws, the Chief
Executive Officer shall give the applicant Special Notice of the adverse
decision and of the applicant’s right to request a hearing. The applicant
shall be entitled to the procedural rights found in the Hearings and
Appeals Article before any final adverse action is taken.
This provision should be invoked only rarely, when the Medical Executive
Committee has failed to act after being requested to do so.
This (270 days) is an optional time frame; however, nine months should be
enough time for an application to make it to the Governing Body.
(c) After Procedural Rights: If the Medical Executive Committee’s

recommendation is adverse and entitles the applicant to a hearing under
these Bylaws, the Governing Body shall take final action in the matter
only after the applicant has exhausted or has waived his or her procedural
rights. Action taken after the applicant has exhausted or has waived his or
her procedural rights shall be consistent with the Appeal Procedure
provisions in the Hearings and Appeals Article and shall be the
Governing Body’s final action.
(d) Expedited Review: The Governing Body may use an expedited process for
appointment, reappointment, or when granting privileges when criteria for
that process are met. The expedited process involves the Governing Body
delegating its appointment authority to a committee of at least two voting
members of the Governing Body; however, any final decision of the
committee must be subject to ratification by the full Governing Body at its
next regularly scheduled meeting. Expedited processing is not available if
the Practitioner or member submits an incomplete application or if the
Medical Executive Committee’s final recommendation is adverse in any
respect or has any limitations. The following situations are evaluated on a
case-by-case basis and usually result in ineligibility for the expedited

process; a determination that expedited process shall not be used is not
grounds for a hearing under these Bylaws:
Similar to the comment above regarding the potential limitation on the

manner in which temporary privileges are granted, Medical Staffs should
consult legal counsel to determine whether the expedited Governing Body
approval process is consistent with CMS requirements.
(i) There is a current challenge or a previously successful challenge

to the Practitioner’s licensure or registration;
(ii) The Practitioner has received an involuntary termination of

Medical Staff membership at another organization;
(iii) The Practitioner has received involuntary limitation, reduction,

denial, or loss of medical privileges;
(iv) There has been a final judgment adverse to the Practitioner in a

professional liability action.
TJC Standard MS.06.01.11, EP6, provides that the hospital has

discretion to allow expedited review even if there has been an
adverse judgment. TJC requires that the hospital must determine if
there has been either an unusual pattern, or an excessive number, of
professional liability actions resulting in a final judgment against the
applicant. Whether to liberalize this standard for purposes of
expedited processing is a judgment call. This model opts to leave it
at the more rigorous level because of the difficulty in assessing
patterns and numbers, and because a single egregious malpractice
action would seem to warrant no expedited review, even if there is
no pattern or excessive number involved.
10.3.8 Notice of Final Decision
A decision and notice to appoint shall be sent, at a minimum, to the applicant, the
Chief of Staff, the department chair, and the administrator. The notice shall include
the staff category to which the applicant is appointed; the department and section,
if any, to which the Practitioner is assigned; the list of clinical privileges the
Practitioner may exercise; and any special conditions attached to the appointment.
10.3.9 Guidelines for Time of Processing
All individuals and groups shall act on applications in good faith and in a timely
manner. Except when additional information must be secured, or for other good
cause, the Medical Staff shall attempt to process each application within the
following time guidelines:
TJC Standard MS.06.01.07 requires hospitals to complete credentialing in a timely

manner, and MS.06.01.05, EP 11, requires hospitals to act on completed applications

within the Bylaws-specified time period. DNV-GL Standard MS.11, SR.4 requires that a
completed application be “acted on within a reasonable period of time, as specified in
the medical staff Bylaws.” However, there may be occasions when the credentialing
process may take longer than the guidelines provided here (for example, if peer
references do not return documentation timely or when questions regarding the
practitioner’s qualifications arise).
(a) Medical Staff Services Administration review and verification of

application: 45 days after the application is deemed preliminarily
complete.
(b) Department review and recommendation: 45 days after receiving

application from Medical Staff Services Administration.
(c) Credentials Committee review and recommendation: 45 days after

receiving the report and recommendation from the Department.
When setting deadlines, consider how frequently the committee meets.
(d) Medical Executive Committee review and recommendation: 45 days after

receiving the report and recommendation from the Credentials
Committee.
(e) Governing Body action: 45 days after receiving the Medical Executive
Committee recommendation, unless the hearing and appeal rights of the
Hearings and Appeals Article apply.
(f) Notice to the Practitioner: 45 days after the Governing Body’s final
decision.
TJC MS.06.01.09 requires the hospital to notify practitioner of the

credentialing decision within the time frame specified in the Bylaws.
These time periods are guidelines and are not directives which create any
rights for a Practitioner to have an application processed within these
precise periods. If action at a particular step in the process is delayed
without good cause, the next higher authority may immediately proceed
to consider the application upon its own initiative or at the direction of
the Chief of Staff or the Chief Executive Officer (however, the
provisions in the Section, Governing Body Action, “Without Benefit of
Medical Executive Committee Recommendation” apply).
10.4 Intervention
Notwithstanding the above, if at any time during the process the reviewing body has
concerns regarding the application, it may refer the matter to, or ask for assistance from,
the Chief of Staff or the Medical Executive Committee.

10.5 [Optional] Processing of Telemedicine Membership and Privileges
10.5.1 Notwithstanding the other credentialing and privileging provisions in these

Bylaws and other Governing Documents, the Medical Staff and Governing Body
may use any one of the following processes to evaluate and grant membership
and/or privileges to an applicant who practices only Telemedicine at the
Hospital.
(a) The Practitioner’s or AHP’s application may be processed in the manner

described above in the Processing of Membership/Privileges
Applications Section above.
(b) The Medical Staff may make its recommendation relying upon
information provided by a distant-site hospital(s) at which the applicant is
a member of the Medical Staff and has clinical privileges, or a distant-site
entity providing telemedicine services with which the applicant is
affiliated, in accordance with a written agreement with such hospital or
entity, in order to make a credentialing decision based upon this
Hospital’s standards. This process may be used only if: (a) the written
agreement complies with the requirements detailed in 42 C.F.R. Sections
482.22(a)(3) or (a)(4) and Sections 482.12(a)(8) or (a)(9), and applicable
accreditation standards; (b) the Practitioner is privileged at the distant site
for those services to be provided to the Hospital; (c) the distant site
provides the Hospital with a current list of the applicant’s privileges; and
(d) the Hospital performs an internal review of the Practitioner’s
performance of these privileges and sends to the distant site information
that is useful to assess the Practitioner’s quality of care, treatment, and
services for use in privileging and performance improvement. At a
minimum, this information includes all adverse events that result from
the telemedicine services provided by the distant-site physician or
Practitioner to the Hospital’s patients and all complaints the Hospital has
received about the distant-site physician or Practitioner; or
This model rarely cites specific regulations within the Bylaws (other than
licensing and reporting requirements). Here, because CMS’s contract
requirements for telemedicine provider credentialing are very specific, and
because that information does not necessarily need to be detailed in the
Bylaws, we recommend simply referring to the legal standard as the
guidance required.
TJC Standard MS.13.01.01, EP 1, requires that the distant site hospital or

entity be a TJC-accredited organization.
In addition, TJC requires that the shared information include “adverse

outcomes related to sentinel events considered reviewable by The Joint
Commission.” Therefore, TJC-accredited hospitals must add that requirement
into this provision.

(c) The Medical Staff may make its recommendation relying on the
credentialing and clinical privileging decisions made by a distant-site
hospital(s) at which the Practitioner is a member of the Medical Staff and
has clinical privileges or the decisions by a distant-site entity providing
telemedicine services with which the applicant is affiliated, in accordance
with a written agreement with such hospital or entity. This process may
be used only if: (a) the written agreement complies with the requirements
detailed in 42 C.F.R. Sections 482.22(a)(3) or (a)(4) and Sections
482.12(a)(8) or (a)(9), and applicable accreditation standards; (b) the
Practitioner is privileged at the distant site for those services to be
provided to the Hospital; (c) the distant site provides the Hospital with a
current list of the applicant’s privileges; and (d) the Hospital performs an
internal review of the Practitioner’s performance of these privileges and
sends to the distant site information that is useful to assess the
Practitioner’s quality of care, treatment, and services for use in privileging
and performance improvement. At a minimum, this information includes
all adverse events that result from the telemedicine services provided by
the distant-site physician or Practitioner to the Hospital’s patients and all
complaints the Hospital has received about the distant-site physician or
Practitioner.
TJC Standard MS.13.01.01, EP 1, requires that the distant site hospital or

entity must be a Joint Commission-accredited organization.
In addition, The Joint Commission requires that the shared information

include “adverse outcomes related to sentinel events considered reviewable
by The Joint Commission.”
This provision reflects the CMS requirements for “streamlined” or

“delegated” credentialing. However, there is a split of opinion regarding
whether this approach is permitted under California law.
California Business and Professions Code Section 2290.5 was amended in

2011 specifically to address, among other things, the credentialing of
telehealth providers. The timing of the amendments and certain wording
referring specifically to the CMS regulations suggest that the intent was to
allow hospitals to credential telehealth providers in the manner approved by
CMS. But the statute itself states that hospitals may make credentialing
decisions “based on medical staff recommendations that rely on information
provided by the distant-site hospital or telehealth entity.” (Emphasis added.)
Therefore, some conclude that the law does not permit Medical Staffs to rely
on the distant site/entity’s decision. Hospitals should consult legal counsel to
determine whether or not to adopt this proposed approach.
10.5.2 If the applicant applies for privileges that exceed those Telemedicine privileges
that he or she has at the distant-site hospital or the distant-site entity, the
application for those privileges must proceed through the same privileging and
credentialing process applicable to non-Telemedicine Staff applicants.

10.5.3 Regardless of which manner of credentialing the Hospital uses for Telehealth
Practitioners, it shall independently query the National Practitioner Data Bank,
the Practitioner’s licensing board, and the Office of Inspector General for all
applicants for Telemedicine Privileges.
These remain independent duties for hospitals, regardless of how they credential
telemedicine providers.
10.6 Application for Reappointment
All the above provisions in this article, including, but not limited to, the obligations of applicants,
the effect of applications, and the manner in which applications are processed, shall apply to applicants
for reappointment or renewal of privileges. In addition, the following provisions apply:
10.6.1 Applications
The Medical Staff shall develop an application for reappointment and renewal of
privileges, as described in the Rules and Regulations. The Medical Staff shall send
applications for reappointment and renewal of privileges to members at least
_____ days prior to the expiration of the current appointment or privileges. A
complete application must be returned to the Medical Staff at least _____ days
prior to expiration.
The time frames for distributing and returning reappointment forms should allow
time to complete the required licensing board and National Practitioner Data Bank
inquiries, as well as for processing by departments and committees. Medical Staffs
should work with the Medical Staff Services Administration to determine the
appropriate time frames.
10.6.2 Delinquent Reappointment Applications
Failure to return a complete form by the deadline or to otherwise comply with

the provisions in this Article regarding the provision of information may result in
the Medical Staff’s inability to process the reappointment application prior to the
end of the applicant’s current appointment term. This shall result in the member’s
automatic resignation of membership and privileges at the end of his or her
current appointment term. In such cases, the applicant will not be entitled to a
hearing under these Bylaws. If the resigned member submits a written request for
appointment and a complete application within 60 days of the resignation, then
the Medical Staff will consider his or her application in the same manner as a
reappointment application, and will not require the applicant to serve on the
Provisional Staff. In such circumstances, the member also may be considered for
temporary privileges, pursuant to the Privilege Delineation Article.
TJC does not permit the extensions of appointments beyond two years. Although an
applicant may be “resigned,” he or she could reapply directly thereafter.
This is an optional provision that allows the Medical Staff to credential “resigned”

members as reappointments, rather than having to use the initial application
processes. It also provides the option of granting temporary privileges.
10.6.3 Peer and Quality Data
In addition to the other criteria for reappointment found in the Governing

Documents, the Medical Staff shall consider an applicant’s ongoing professional
performance review data and other quality data, as well as information regarding
the Practitioner’s conduct and adherence to Governing Document requirements,
as appropriate, when determining whether or not to grant reappointment and
privileges. If a Practitioner has performed any privilege too infrequently to allow
the Medical Staff to assess current clinical competence, the Medical Staff may
impose proctoring or other focused professional practice evaluation
requirements; these requirements shall not entitle the Practitioner to a hearing
under these Bylaws. Additionally, the Medical Staff shall consider the
Practitioner’s conduct and compliance with the Governing Documents when
making reappointment determinations.
TJC MS.08.01.01 requires Medical Staffs to factor in OPPE information in making

decisions regarding the maintaining of an existing privilege.
10.6.4 Participation in Continuing Education
The Medical Staff shall consider an applicant’s participation in continuing

education when determining whether or not to grant reappointment and
privileges.
TJC Standard MS.12.01.01, EP 5, and DNV-GL Standard MS.10.
10.6.5 Verification
The Medical Staff may develop verification processes specific to the

consideration of reappointment applications that may differ from the verification
process for initial applications. Regardless, the Hospital’s authorized
representative shall query the National Practitioner Data Bank and the Medical
Staff shall query the licensing board and the Office of Inspector General for
every reappointment applicant. The Medical Staff also shall confirm current DEA
registration.
Credentialing practice does not require primary source reverification of certain

historical information that does not change (for example, medical school, residency).
10.7 Duration of Appointments
10.7.1 All new staff members who are granted privileges, other than Telemedicine Staff,
shall be appointed to the Provisional Staff. Members shall hold Provisional Staff
status for at least 12 months, and no more than 24 months. To move from
Provisional Staff status to another staff status with privileges, the Practitioner

must meet the standards detailed in the Governing Documents, including the
privileging forms.
Because of Telemedicine Staff’s limited prerogatives and responsibilities, they can be

exempted from provisional status.
10.7.2 Appointments, reappointments, and the grant of clinical privileges shall be up to

a maximum of two years and shall not be extended beyond two years. No
Practitioner has the right to a two-year appointment, and appointments may be
for periods less than two years.
This provision leaves open the option that, sometimes, a practitioner will be granted
a time-limited appointment until the practitioner demonstrates improvement in one
or more areas. Hospitals should discuss with their attorneys whether this results in
hearing rights.
10.8 Waiting Periods
10.8.1 For Applications Withdrawn as Incomplete
If a Practitioner has had two applications withdrawn for being incomplete within
a 12-month period, the Practitioner will be subject to a 12-month waiting period
before he or she can submit another application. The Governing Body may waive
this waiting period using the same waiver provisions detailed in Membership
Qualifications and Responsibilities Article above.
The 12-month period is to prevent the further wasting of Medical Staff resources.
10.8.2 Reapplication After Adverse Membership Decision
(a) A 36-month waiting period before applying for membership or privileges

shall apply to the following Practitioners:
(i) An applicant who:
(1) Has received a final adverse decision regarding

appointment or the granting of privileges, or
(2) Withdrew his or her application or request for

membership or privileges following an adverse
recommendation by the Medical Executive Committee or
the Governing Body.
(ii) A former member who has:
(1) Received a final adverse decision resulting in termination

of Medical Staff membership and/or privileges or other
permissions to practice; or

(2) Resigned from the Medical Staff or relinquished privileges
or other permissions to practice while an investigation was
pending or following the Medical Executive Committee or
Governing Body issuing an adverse recommendation or
decision.
(iii) Subject to (e) below, a member who has received a final adverse
decision resulting in:
(1) Termination or restriction of privileges; or
This varies slightly from the paragraphs above, as it

addresses current members who have had some, but not all,
of their privileges terminated.
(2) Denial of his or her request for additional privileges.
(b) An action is considered adverse only if it is based on the type of

occurrences which might give rise to corrective action. For the purposes
of this section, automatic suspensions or terminations under the
Automatic Suspension, Terminations, and Limitations provisions of the
Corrective Action Article of these Bylaws are not “adverse.”
(c) The action is considered final on the latest date on which the application
or request was withdrawn; a member’s resignation became effective; a
member waived his or her right to a hearing to challenge an adverse
recommendation or action; or upon exhaustion of all Medical Staff and
Hospital hearings and appellate reviews.
(d) Practitioners subject to waiting periods cannot reapply for Medical Staff
membership or the privileges affected by the adverse action for at least 36
months after the action became final. After the waiting period, the
Practitioner may reapply. The application will be processed like an initial
application or request, plus the Practitioner must document that the basis
for the adverse action no longer exists, that he or she has corrected any
problems that prompted the adverse action, and/or he or she has
complied with any specific training or other conditions that were
imposed.
(e) Notwithstanding the above, for Practitioners whose adverse action

involved the termination, restriction, or denial of some, but not all, held
or requested privileges, the waiting period shall apply only to those
privileges that were terminated, restricted, or denied.
(f) Notwithstanding the above, for Practitioners whose adverse action

included a specified period or conditions of retraining, additional
experience, or medical or psychological treatment, the Medical Executive
Committee, subject to the Governing Body’s approval, may exercise its

discretion to allow earlier reapplication upon completion of the specified
conditions and any additional conditions that the Medical Executive
Committee determines to be necessary.
10.8.3 Waiver of Waiting Period
The Governing Body may waive the waiting periods under the same
circumstances and procedure as described for the waiver of qualifications,
described the Membership Qualifications and Responsibilities Article. As in that
section, such waivers are disfavored, intended to be granted rarely, and are
granted only when necessary to address an identifiable patient care need and only
if the waiver is found to be in the best interests of the Hospital and its patients’
health and wellbeing. The needs of the individual Practitioner are irrelevant to
such determination.
10.9 System Credentialing
10.9.1 System Members may coordinate their credentialing processes and share
information regarding applicants.
10.9.2 The System may develop a single application form and may use a centralized
verification unit to verify information for System Members.
10.9.3 Upon verification, the application will be processed as detailed in this Article.
System Members and their committees may hold joint meetings, or may form
joint department or credentials committees, to review applications. Any joint
department or credentials committees shall perform the functions of the
department and the credentials committees, respectively, as described above, and
shall be subject to the same confidentiality and immunity provisions provided in
these Bylaws and as provided under state and federal law.
10.9.4 Each System Member’s Medical Executive Committee, or its equivalent, shall be
responsible for making a recommendation regarding appointment and privileges
to the entity’s own Governing Body, and each Governing Body shall have sole
responsibility for making appointment decisions for its own hospital.

ARTICLE 11
PRIVILEGE DELINEATION
11.1 Exercise of Privileges
Practitioners and APPs may only exercise those privileges that have been granted through the
processes delineated in the Governing Documents.
Advanced Practice Professionals (defined in Article 1) are AHPs who practice independently and/or at a
medical level of care. As discussed in the comment to that definition, the granting of their
authorizations to practice should be through a Medical Staff process. In the past, these authorizations
often were referred to as “practice prerogatives” or “service authorizations.” However, CMS and TJC
both consider any authority to practice at a medical level of care to be a “privilege.” Therefore, we
refer to APPs applying, and being considered, for privileges in this Article. Medical Staffs can choose to
use another term.
11.2 Development of Privileging Criteria
11.2.1 Generally
The Medical Staff, through its departments and committees, and subject to the
Governing Body’s approval, shall develop criteria for granting initial privileges
and reappointment privileges. Those criteria shall be evidence-based and address
the general competencies developed by the Medical Staff. Criteria shall be
Hospital-specific and may be setting-specific. Criteria may not discriminate
between licensees or specialties of Medical Staff members. APPs should, to the
extent feasible, participate in the development of criteria for privileges granted to
APPs.
Medical Staffs should develop criteria for both appointment and reappointment,
which may differ.
Medical Staffs should remember to develop criteria that apply to AHPs who practice
at a medical level of care.
11.2.2 New Procedures
Medical Staffs should adopt a policy to address how criteria for new privileges will be
developed.
The Hospital may only grant privileges for those procedures that are performed
at the Hospital. Requests for clinical privileges to perform either a procedure not
currently being performed at the Hospital or a new technique to perform an
existing procedure (“new procedure”) will not be processed until a determination
has been made that the new procedure will be offered by the Hospital and criteria
for the clinical privileges have been adopted. The Hospital may develop a process
to determine whether sufficient space, equipment, staffing, and financial

resources are in place or available within a specified time frame to support each
requested new procedure. Once the Hospital determines that a new procedure
will be performed at the Hospital, the Medical Staff may, subject to the
Governing Body’s approval, develop privileging criteria for new procedures.
Consistent with TJC MS.06.01.01, EP1.
11.2.3 Multi-Specialty Privileges
When a procedure is performed by specialists in different departments, the

departments shall collaborate to develop equivalent privileging criteria, while
recognizing that practice differences may exist. The Medical Executive
Committee has the authority to resolve any significant conflicts or differences in
the criteria developed.
11.3 Privilege Delineation
11.3.1 Generally
(a) Each application for appointment and reappointment to the Active,

Courtesy, Provisional, or Telemedicine Staff must contain a request for
specific privileges. Members and APPs may request additional privileges
during their appointment by submitting an application for those
privileges.
(b) All requests by Practitioners for privileges shall be processed through the
appointment and reappointment procedures described in the Procedures
for Appointment and Reappointment Article; requests by APPs shall be
subject to the procedures delineated in the Rules.
(c) Privileges shall be granted only to those Practitioners and APPs who
satisfy the established criteria, as evidenced by the applicant’s current
licensure, education, training, experience, demonstrated professional
competence, judgment and clinical performance, health status, data from
professional practice review by an organization(s) that currently privileges
the applicant (if available), the documented results of patient care and
other quality improvement review and monitoring, performance of a
sufficient number of procedures each year to maintain current clinical
competence, and compliance with any other applicable specific criteria
detailed in the Governing Documents.
To comply with TJC MS.06.01.05, EP6, and Condition of Participation, 42

C.F.R. Section 482.12(a)(6).
(d) No privileges shall be granted merely because a Practitioner or APP holds

a contract with the Hospital or is part of a group that holds a contract
with the Hospital.

(e) The Medical Staff may develop processes to authorize Practitioners who
are not Medical Staff members or who do not hold other privileges to
order outpatient services that are within their scope of practice to order.
DNV-GL Standard MS.12, SR.4a, requires the Bylaws to include a provision to

allow practitioners to order outpatient services.
11.3.2 History and Physical
(a) All patients shall receive the same basic medical appraisal. A Practitioner
with appropriate privileges shall determine the risk and effect of any
proposed treatment or surgical procedure on the general health status of
the patient.
(b) Histories and physicals may be performed only by those Practitioners or

APPs with privileges to perform them. Any Practitioner who admits
patients but does not hold history and physical privileges must assure that
a Practitioner or APP with history and physical privileges performs a
history and physical in a manner that complies with the Bylaws and any
other applicable Governing Document. A Practitioner without history
and physical privileges may not supervise an APP’s performance of
history and physicals.
(c) The admitting Practitioner must assure that every patient receives a
history and physical within 24 hours after admission, or, if a history and
physical was performed within 30 days prior to admission (or registration
if an outpatient procedure) and is in the medical record, that the prior
history and physical is updated within 24 hours after admission. Every
patient admitted for surgery or other procedure requiring anesthesia
services must have a history and physical, or the update to the history and
physical, prior to the surgery or procedure requiring anesthesia. No
patient shall undergo surgery or a procedure requiring anesthesia services
without a history and physical or update consistent with this section in
his or her medical record.
(d) History and physicals performed prior to hospitalization may be

submitted by practitioners without history and physical privileges, but the
update must be performed by someone with history and physical
privileges.
The Interpretive Guidelines to the Medicare Conditions of Participation allow

hospitals to accept history and physicals prior to a patient’s admission by a
physician who does not have history and physical privileges. However, TJC
MS.03.01.01, EP 8, provides that history and physicals must be performed by
a practitioner who has been granted privileges. Hospitals should determine
which approach is most consistent with its obligations.

11.4 Application to Podiatrists, Dentists, and Oral and Maxillofacial Surgeons
11.4.1 For patients admitted by, or upon order of, a dentist, oral surgeon, clinical
psychologist, or podiatrist who is not also a physician, a physician member must
assume responsibility for the care of the patient’s medical or psychiatric problems
that are present at the time of admission, or which may arise during
hospitalization, which are outside of the admitting Practitioner’s lawful scope of
practice or clinical privileges.
These practitioners are sometimes referred to as “limited license” practitioners. This

term, though, can have multiple meanings (such as the practitioner’s license has been
limited), none of which are official. Because these non-physicians are independent
practitioners with their own scopes of practice, we suggest moving away from the
term, “limited license,” and just identifying them as “non-physician practitioners.”
11.4.2 Where a dispute exists regarding proposed treatment between a physician

member and non-physician member based upon medical or surgical factors
outside of the scope of licensure of the non-physician member, the treatment will
be suspended insofar as possible while the dispute is resolved by the appropriate
departments or Chief of Staff.
11.4.3 The findings, conclusions, and assessment of risk must be confirmed or endorsed
by a physician member with appropriate privileges prior to major high-risk (as
defined by the Medical Staff) diagnostic or therapeutic interventions.
Medical Staffs should identify what procedures are considered major- or high-risk.
11.5 Effect of Contracted Services
11.5.1 The Hospital may enter into contracts or arrangements with Practitioners and/or
groups of Practitioners for the performance of clinical and administrative services
at the Hospital. All individuals that wish to provide clinical services pursuant to
such contracts must apply for, be granted, and maintain membership and
privileges in accordance with these Bylaws.
11.5.2 If a contract or arrangement confers the exclusive right to perform specified

services to one or more Practitioners or groups of Practitioners (an “exclusive
contract”), no other Practitioners except those authorized by the exclusive
contract may exercise clinical privileges to perform the specified services while
the contract is in effect. As such, only Practitioners authorized under the contract
are eligible to apply for the clinical privileges covered by the contract. No other
applications will be processed.
11.5.3 Prior to the Hospital entering into any exclusive contract in a specialty area that
has not previously been subject to such a contract or arrangement, the Governing
Body will initiate a notice-and-comment process consistent with California legal
requirements. The Medical Executive Committee shall provide input to the
Governing Body as part of this process, and the Medical Staff shall have the

opportunity to provide input directly to the Medical Executive Committee or the
Governing Body.
11.5.4 A decision to operate a department or service pursuant to an exclusive contract,

or to transfer an exclusive contract to another Practitioner or group of
Practitioners, shall result in the automatic termination of privileges covered by the
exclusive contract for those Practitioners who are not a party to, subcontractor
of, or third-party beneficiary of, the exclusive contract. A Practitioner who does
not hold any privileges as a result of this termination shall have his or her
membership terminated as well.
11.5.5 The termination or denial of membership and/or privileges as a result of an

exclusive contract arrangement shall not entitle any Practitioner to a hearing
under these Bylaws.
11.5.6 A Practitioner who holds privileges in connection with a contract shall be subject
to the terms of that contract, as well as to the Medical Staff Governing
Documents. If the contract and the Governing Documents conflict, the terms of
the contract will prevail, except that contracts may not grant Medical Staff
membership or privileges to any individual and contracts may not reduce any
hearing rights granted for an action that must be reported to the Practitioner’s
licensing board under Business and Professions Code Section 805 or to the
federal National Practitioner Data Bank. The Practitioner shall be entitled to the
hearing rights in these Bylaws only if actions taken fall within the definition of
grounds for hearing detailed in the Hearings and Appeals Article of these Bylaws.
Practitioners cannot contract away their rights to hearings under Business and
Professions Code Section 809.
11.5.7 Practitioners who serve under contracts to provide only administrative services
are not required to apply for Medical Staff membership and privileges. If a
Practitioner’s contractual duties involve formal liaison with or advising the
Medical Staff, Hospital Administration, or the Governing Body about Medical
Staff activities or performance, the Hospital shall consult with the Medical
Executive Committee and provide it reasonable opportunity to review and
comment on the scope of responsibilities and the qualifications of the proposed
candidate. The Hospital also shall, at least bi-annually, provide the Medical
Executive Committee with a reasonable opportunity to provide input to the
Hospital regarding the performance of those contracted Practitioners.
This provision is recommended to provide a formal means of garnering Medical Staff

input into hospital contracting decisions that directly impact the Medical Staff.
11.6 Temporary Privileges
11.6.1 Temporary privileges may be granted by the Governing Body, pursuant to its
own procedures, upon recommendation of the Chief of Staff, as follows:

TJC allows the Chief Executive Officer to, under certain circumstances, grant
temporary privileges. There have been isolated anecdotal reports that CMS, has, in
the past, cited hospitals who allow this, citing the Condition of Participation that
suggests only the Governing Body determines whether to grant privileges (see 42
C.F.R. Section 482.12(a)(2)). CMS reportedly has backed away from that position as it
applies to temporary privileges. Hospitals and Medical Staffs should consult legal
counsel or contact TJC, DNV, or CMS directly to determine what process to adopt for
approving temporary privileges.
(a) To applicants for initial appointment who have submitted a complete

application. To be eligible for temporary clinical privileges, an applicant
must: (i) have had no current or previously successful challenges to
licensure or registration, (ii) have not been subject to involuntary
termination of Medical Staff membership at another organization, and
(iii) have not been subject to involuntary limitation, reduction, denial, or
loss of clinical privileges at another health care facility.
(b) To non-applicants, to meet an important patient care need, including the

following:
(i) The care of a specific patient, where care could not be provided
by a current member or where the patient has rejected care from
current members;
(ii) When necessary to prevent a lack of services in a needed specialty

area;
(iii) Proctoring, where it is not feasible to have current members

proctor; or
(iv) When serving as a locum tenens for a member or APP, and

temporary privileges are necessary to assure continuity of care.
TJC simply says, “important patient care need,” and DNV-GL says,
“urgent patient care need.” This model provides further explanation
of what that means.
DNV-GL MS.13, SR.5, provides the following: If the organization

provides medical staff services through use of locum tenens or
similar temporary medical service that may be used for a period not
to exceed six months; the medical staff will define within the medical
staff Bylaws the process regarding the approval of physicians and
other practitioners providing such services. The medical staff will
complete the required credentialing and privileging requirements
defined by the medical staff.
These Bylaws provide that any practitioner providing services for

more than 120 days under the temporary privileges process should
be credentialed through the full Medical Staff process; however, the

DNV-GL standard suggests that, for DNV-accredited hospitals, a
separate process may be developed in the Bylaws.
11.6.2 The following information will be verified prior to the granting of any temporary
clinical privileges:
(a) Current licensure (including any peer review or other actions reported to
the licensing board),
(b) Relevant training or experience,
(c) Current competence,
(d) Ability to perform the privileges requested,
(e) Current professional liability coverage acceptable to the Hospital, and
(f) Results of a query to the National Practitioner Data Bank and the Office
of Inspector General.
TJC requires that this be verified only for applicants awaiting approval, and
that only current licensure and current competence be verified for temporary
privileges granted to meet an important care need. We suggest that best
practice is to verify all the factors listed for all temporary privilege requests.
Additionally, DNV-GL MS.13 requires this for all temporary privilege

determinations. It also requires that the Medical Staff receive professional
references (MS.13, SR3d) and “database profiles from AMA, AOA, NPDB, and
OIG Medicare/Medicaid Exclusions” (MS.13, SR.3e).
This is required by DNV-GL, but not TJC; regardless, it is good practice.
11.6.3 Grants of temporary clinical privileges will not exceed 120 days.
(a) For non-applicants, the individual may exercise temporary privileges for a
maximum of 120 days, consecutive or not, anytime during the 24-month
period following the grant of privileges, subject to the following
conditions:
(i) The individual must notify the Medical Staff Administration at

least 15 days prior to exercising these privileges (exceptions for
shorter notice periods may be considered for good cause); and
(ii) The individual must inform the Medical Staff Administration of

any change that has occurred to the information provided on the
application form for temporary privileges.
This approach may be new to some Hospitals. It allows Hospitals to benefit

from having a locum tenens or other temporary practitioner available

repeatedly on short notice, without having to temporarily recredential the
practitioner for each limited practice period.
11.6.4 By requesting temporary privileges, the individual agrees to be bound by the

Bylaws and other Governing Documents, including, but not limited to, the
provisions addressing authorizations, releases, immunities, and confidentiality.
11.6.5 Individuals granted temporary privileges shall be subject to the proctoring and
supervision requirements specified in the Governing Documents, and shall act
under the supervision of the Department Chair of the Practitioner’s specialty.
11.6.6 There is no right to temporary privileges. Temporary privileges will not be

granted if a Practitioner does not meet the qualifications for temporary privileges.
If there is insufficient information regarding the applicant’s qualifications,
character, judgment, or ability to exercise the privileges requested, the matter will
be deferred until the application can be fully processed.
The decision to grant temporary privileges should be deferred if there is unfavorable

information or reasonable doubts as to an applicant’s suitability for the Medical Staff.
Under California law, the denial or termination of temporary privileges for a medical
disciplinary cause or reason must be reported to the Medical Board of California and
gives rise to a hearing right. Therefore, deferral to full credentialing, rather than
denial, is the appropriate way to address temporary privilege questions.
11.6.7 Temporary privileges shall terminate when expired or, in the case of applicants to
the Medical Staff, if the applicant withdraws his or her application. Temporary
privileges also may be suspended or terminated in the manner described in the
Corrective Action Article of these Bylaws. Practitioners whose temporary
privileges are suspended or terminated shall be entitled to the hearing and appeal
rights of these Bylaws only if the action is considered Grounds for Hearing as
defined in Hearings and Appeals Article of these Bylaws.
11.6.8 Upon the termination of temporary privileges, the Department Chair or Chief of
Staff shall assign a Medical Staff member to assume responsibility for the
Practitioner’s patients. The wishes of the patient shall be considered in choosing a
replacement.
11.7 Disaster Privileges
Disaster privileges may be granted when the Hospital’s disaster plan has been activated and the
organization is unable to handle the immediate patient needs. The following provisions apply:
11.7.1 Disaster privileges may be granted on a case-by-case basis by the Chief Executive
Officer, based upon recommendation of the Chief of Staff, or, in his or her
absence, the recommendation of the responsible Department Chair, upon
presentation of a valid government-issued photo identification issued by a state
or federal agency and at least one of the following:

(a) A current picture identification card from a health care organization that
clearly identifies professional designation;
(b) A current license to practice;
(c) Primary source verification of licensure;
(d) Identification indicating that the individual is a member of a Disaster

Medical Assistance Team (DMAT), the Medical Reserve Corps (MRC),
the Emergency System for Advance Registration of Volunteer Health
Professionals (ESAR-VHP), or other recognized state or federal response
organization or group;
(e) Identification indicating that the individual has been granted authority by
a government entity to provide patient care, treatment, or services in
disaster circumstances; or
(f) Confirmation by a licensed independent practitioner currently privileged

by the Hospital or by a staff member with personal knowledge of the
volunteer practitioner’s ability to act as a licensed independent
practitioner during a disaster.
TJC EM.02.02.13 provides detail about the privileging of Practitioners in

disasters.
11.7.2 Persons granted disaster privileges shall wear identification badges denoting their
status as non-members having only disaster privileges.
11.7.3 Primary source verification of licensure occurs as soon as the disaster is under
control or within 72 hours from the time the volunteer licensed independent
practitioner presents themselves to the Hospital, whichever comes first. If
primary source verification of a volunteer licensed independent practitioner’s
licensure cannot be completed within 72 hours of the practitioner’s arrival due to
extraordinary circumstances, the Hospital documents all the following:
(a) Reason(s) it could not be performed within 72 hours of the practitioner’s

arrival;
(b) Evidence of the licensed independent practitioner’s demonstrated ability

to continue to provide adequate care, treatment, and services; and
(c) Evidence of the Hospital’s attempt to perform primary source

verification as soon as possible.
11.7.4 If, due to extraordinary circumstances, primary source verification of licensure of

the volunteer licensed independent practitioner cannot be completed within 72
hours of the practitioner’s arrival, it is performed as soon as possible. However,
primary source verification of licensure is not required if the volunteer licensed

independent practitioner has not provided care, treatment, or services under the
disaster privileges.
TJC EM.02.02.13
11.7.5 The responsible Department Chair or the Chief of Staff shall oversee the
performance of each volunteer practitioner, and shall arrange for appropriate
concurrent or retrospective monitoring of the activities of practitioners granted
disaster privileges.
11.7.6 Based on the Medical Staff’s oversight of each practitioner granted disaster
privileges, the Chief Executive Officer, upon recommendation of the Chief of
Staff, [or in his or her absence, the recommendation of the responsible
department chair,] shall determine within 72 hours of the practitioner’s arrival if
granted disaster privileges shall continue.
Volunteers who are not licensed independent practitioners may be permitted to provide disaster
services as described in the Rules or other Governing Documents.
11.8 Emergency Situations
In the event of an emergency, any Medical Staff member or credentialed Allied Health
Professional shall be permitted to do everything reasonably possible within the scope of their licensure,
regardless of the privileges granted, to save the life of a patient or to save a patient from serious harm.
The member or AHP shall promptly yield such care to a member with the appropriate privileges when
one becomes available.
11.9 Transport and Organ Harvest Teams
TJC permits practitioners who are not members of the Medical Staff and who have not undergone
Medical Staff credentialing to provide patient care services as members of a transport or organ
harvest team.
Under California law, such a team member must hold a current California license to practice medicine.
Properly licensed practitioners who, individually or as members of a group or entity, have

contracted with the Hospital to participate in transplant and/or organ harvesting activities may act within
the scope of their agreement with the Hospital.

ARTICLE 12
LEAVES OF ABSENCE AND RESIGNATION
12.1 Leaves of Absence
Members may request a leave of absence which, except for military leaves of absence, requires
approval by the Medical Executive Committee. During the period of the leave, the member shall not
exercise privileges at the Hospital, and membership rights and responsibilities shall be inactive; however,
the obligation to pay dues and assessments, if any, shall continue unless waived by the Medical Executive
Committee.
12.1.1 Military Leave of Absence
(a) Requests for leaves of absence to fulfill military service obligations shall
be granted upon notice to the Medical Executive Committee.
(b) Reactivation of membership and clinical privileges previously held shall

be granted upon request, except that the following may apply:
(i) If the leave of absence has been for more than two years, the
member shall be required to submit a reappointment application;
(ii) If the request for reactivation occurs in less than two years but
after the expiration of the member’s current appointment term,
the member may be required to update information in his or her
credentials file, which may be done by submitting a
reappointment application form.
12.1.2 In cases where reactivation from a military leave of absence is requested after the
expiration of the member’s current appointment term, the member shall be
treated as if he or she had been continuously appointed to the Medical Staff for
purposes of determining staff status and eligibility for officer or other positions.
12.1.3 Notwithstanding the above, the Medical Staff may take appropriate measures to
ensure the current clinical competence of any member requesting a reinstatement
from a military leave of absence.
Federal law requires employers to restore those who have served in the military to
the job and benefits they would have attained if they had not been absent due to
military service. Medical Staff members are not employees (except in very limited
circumstances); however, the same rationale may apply. Even so, the Medical Staff
should implement appropriate safeguards to ensure that patients are protected.
12.1.4 Reinstatement from Non-Military Leaves of Absence
(a) Non-military leaves cannot exceed two years. Failure to request

reinstatement at the end of the leave shall be deemed a voluntary

resignation of membership and privileges, which does not entitle the
Practitioner to the hearing rights in these Bylaws.
Medical Staffs can choose other periods, we suggest not more than two years.
(b) Requests for reinstatement shall be considered following the same

process as the review of reappointment applications. The member must
provide information regarding his or her professional activities during the
leave of absence and may be required to provide additional information
to demonstrate current clinical competence.
(c) Even if a member has not yet requested reinstatement from a leave, he or
she must submit a reappointment application in a timely manner, prior to
the expiration of his or her current appointment term, or his or her
membership and privileges shall expire. In such cases, the Practitioner
must apply to the Medical Staff as an initial applicant, but at the Medical
Executive Committee’s discretion, may be placed in a staff status other
than Provisional Staff.
12.2 Resignation
12.2.1 Manner of Resignation
A resignation of membership and/or some or all privileges shall be in writing and

signed by the Practitioner. If a date is not specified in the written document, then
the resignation will be considered effective upon receipt.
12.2.2 Good Standing
This provision is optional.
(a) Prior to the effective date of resignation, a Practitioner must complete all
medical records; pay any outstanding dues, fees, or assessments; and
appropriately discharge or transfer responsibility for the care of any
hospitalized patient. Failure to do so will result in the Practitioner being
deemed to have been out of good standing at the time of resignation.
This designation may be transmitted to querying health care entities.
(b) If the Practitioner is scheduled for inpatient or call responsibilities prior

to resignation, the Practitioner must either: (a) specify a date for
resignation that goes into effect after the fulfillment of those
responsibilities, or (b) arrange alternative coverage. Failure to fulfill or
ensure coverage for call or other scheduled responsibilities shall result in
the Practitioner being deemed out of good standing at the time of
resignation, and this designation may be transmitted to querying health
care entities.

DIVISION 3: QUALITY AND PEER REVIEW
ARTICLE 13
PRACTITIONER PERFORMANCE EVALUATIONS
13.1 General
The Medical Staff is responsible to the Governing Body for the adequacy and quality of patient
care services provided at the Hospital, and the Governing Body has ultimate responsibility for those
services. To fulfill its responsibility, the Medical Staff will develop processes, subject to the Governing
Body’s approval, for the evaluation of care provided by Medical Staff members and others with privileges.
Those processes will be consistent with state and federal legal and accreditation requirements. Decisions
regarding the granting, renewing, and termination of membership or privileges shall be, among other
things, detailed, current, accurate, objective, and evidence-based. Ongoing performance evaluation and
monitoring will be designed to assure timely identification of matters that may require correction.
Concerns regarding professional performance or conduct will be addressed pursuant to the Investigation
Article, Corrective Action Article, and the Hearings and Appeal Article of these Bylaws.
This wording is consistent with the language in Health and Safety Code Section 1250(a) and Title 22,
California Code of Regulations, Section 70703(a).
13.2 Focused Professional Practice Evaluation for New Privileges
Focused professional practice evaluations (FPPE) and ongoing professional practice evaluations
(OPPE) are TJC requirements. If a hospital is not TJC accredited, it can use different terms for
these processes. This section refers to the standard proctoring for new privileges, regardless of
the term used.
13.2.1 All initial grants of clinical privileges, whether at the time of appointment,
reappointment, or during the term of an appointment, will be subject to a
focused professional practice evaluation (FPPE). That evaluation shall include
proctoring, and may include chart review, monitoring, external review, and other
forms of review.
13.2.2 The Medical Staff, subject to the Governing Body’s approval, shall develop the
policies and processes it determines necessary to implement FPPE for new
privileges. Each Department, subject to the Medical Executive Committee’s and
Governing Body’s approval, shall be responsible for developing FPPE criteria for
new applicants and for privileges granted during appointment. In addition, the
Medical Staff shall develop criteria for FPPE for conduct at the Hospital.
Having FPPE criteria for behavior for new members is optional, but valuable. It
demonstrates to new members that the Medical Staff takes its conduct expectations
seriously, and it creates measurable data that the Medical Staff can review to
determine compliance.

13.2.3 When a Practitioner or APP completes FPPE requirements, the Department shall
convey this information to the Medical Executive Committee.
13.2.4 If a Practitioner or APP fails to complete the FPPE requirements for any
privilege during his or her Provisional Staff status period due to lack of clinical
activity, then that privilege shall expire. If all of the Practitioner’s or APP’s
privileges expire, then his or her membership shall automatically terminate. Under
these circumstances, the Practitioner and APP shall not be entitled to any hearing
and appeal provisions under these Bylaws.
Hospitals can choose to adopt a different deadline, such as within two years.
13.2.5 If a Practitioner or APP who has been granted a new privilege in the middle of
his or her appointment fails to complete the FPPE requirements for that privilege
within two years after being granted the privilege due to lack of clinical activity,
then that privilege shall expire. Under these circumstances, the Practitioner and
APP shall not be entitled to any hearing and appeal provisions under these
Bylaws.
Hospitals can choose to adopt a different deadline.
13.2.6 If a Practitioner fails to satisfactorily complete FPPE due to a medical disciplinary

cause or reason, then the Practitioner will be referred to the Medical Executive
Committee for further consideration.
In such cases, there may be corrective action that could result in an 805 report and
hearing right.
13.3 Ongoing Professional Practice Evaluation
As noted above, OPPE is a TJC requirement. However, even hospitals that are not TJC accredited
should adopt processes to evaluate members and APPs, regardless of what it is termed.
13.3.1 All persons with privileges shall be subject to ongoing professional practice
evaluations.
13.3.2 The Medical Staff and Hospital shall develop clearly defined processes that
facilitate the evaluation of each Practitioner’s professional practice. Such
evaluation shall include evaluation of the Practitioner’s interpersonal conduct at
the Hospital. Each Department, subject to the Medical Executive Committee’s
approval, shall be responsible for determining the type of data to be collected.
As mentioned with FPPEs for behavior above, this is optional, but valuable.
13.3.3 Information resulting from the ongoing professional practice evaluation is used
as part of the determination of whether to continue, limit, or revoke any existing
privilege.

13.4 Focused Professional Practice Evaluation for Cause
13.4.1 The Medical Staff shall develop criteria to be used for evaluating the performance
of Practitioners and APPs when issues affecting the provision of safe, high
quality patient care are identified.
(a) The decision to assign a period of performance monitoring is based on

the evaluation of a Practitioner’s current clinical competence, practice
behavior, and ability to perform the requested privilege.
(b) An FPPE for cause process is not intended to be an investigation, as that

term is defined in these Bylaws.
The issue of when an investigation begins is significant – hospitals must

report to the National Practitioner Data Bank (NPDB) a Practitioner who
resigns during an investigation; if the Practitioner resigns after notice of a
pending investigation (or during the investigation), the hospital must report
to the Practitioner’s licensing board. In 2015, a revised NPDB Guidebook
provided that the NPDB interprets the word “investigation” expansively and
is not limited to how the term is defined in Medical Staff Bylaws. In certain
instances, an FPPE “for cause” may be considered an investigation under the
NPDB’s interpretation, as described in the Guidebook. Hospitals should
consult with counsel whenever a Practitioner resigns during a “for cause”
FPPE to determine whether any reporting obligations exist.
13.4.2 The Medical Staff shall clearly define the performance monitoring process and
shall include each of the following elements:
(a) Criteria for conducting performance monitoring.
(b) Method for establishing a monitoring plan specific to the requested

privilege.
(c) Method for determining the duration of performance monitoring.
(d) Circumstances under which monitoring by an external source is required.
Per TJC Standard MS.08.01.01, EP 3.
13.4.3 The processes also shall identify the triggers that indicate the need for
performance monitoring and the criteria that determine the type of monitoring to
be conducted.

13.4.4 The FPPE for cause process may result in the following:
(a) A determination that the FPPE should be concluded without further

action;
(b) A determination that the Practitioner or APP should be subject to a plan

that specifies non-restrictive measures designed to improve performance;
or
(c) A referral to the Medical Executive Committee for investigation or

corrective action.
13.5 Fitness for Practice Evaluations
At any time, the Medical Executive Committee may require a Practitioner or Allied Health Staff
member to submit to a medical or psychological examination, including blood, urine or other biological or
physiological testing, and to allow the Medical Executive Committee (and the Wellbeing Committee, if the
Medical Executive Committee chooses) to inspect the records of the examination. The Medical Executive
Committee shall provide in writing to the Practitioner or Allied Health Staff member a brief description
of the reasons for the requirement and identify a deadline for compliance.
13.6 Informal Remediation
The following two sections (Informal Remediation and Progressive Measures) are optional but
are useful in reminding Medical Staffs that there are intervening options available prior to
initiating more formal corrective action. The intervening measures may result in positive
changes in the Practitioner, without requiring formal action.
At any time when warranted, the Medical Staff may employ informal remediation to address
matters related to a Practitioner or Allied Health Staff member’s clinical or professional performance. The
Medical Staff officers, departments, and committees may counsel, educate, or issue letters of warning or
censure without initiating formal corrective action. Such comments, suggestions, and warnings may be
issued orally or in writing. The Practitioner shall be given an opportunity to respond in writing and may
be given an opportunity to meet with the officer, department, or committee. Any informal actions,
monitoring, or counseling shall be documented in the Practitioner or Allied Health Staff member’s file.
The activities shall be reported to the Medical Executive Committee, but Medical Executive Committee
approval is not required. These activities are not a restriction of privileges or grounds for the hearing or
appeal rights under these Bylaws. Notwithstanding the availability of informal remediation, the Medical
Staff may initiate investigations and/or take corrective action against a Practitioner without first initiating
informal remediation.
13.7 Progressive Measures
The Medical Staff may develop progressive measures to address matters related to a Practitioner
or Allied Health Staff member’s clinical or professional performance. “Progressive measures” means
formal interventions that do not constitute investigations or corrective actions. Examples of progressive
measures include, but are not limited to, referrals to anger management courses, medical record keeping
courses, and continuing education courses on clinical matters. Such interventions, if used, shall be

documented in the Practitioner’s or Allied Health Staff member’s file. The progressive measures shall be
reported to the Medical Executive Committee, but Medical Executive Committee approval is not required
for such measures. Progressive measures are not a restriction of privileges or grounds for the hearing or
appeal rights under these Bylaws. Notwithstanding the availability of progressive measures, the Medical
Staff may initiate investigations and/or take corrective action against a Practitioner without first initiating
progressive measures.
Examples of these measures include collegial interventions and professional behavior interventions.

ARTICLE 14
INVESTIGATIONS
Medical Staff Bylaws often include investigations and corrective actions in a single article. We suggest
placing them separately as a reminder that: (1) when possible, investigations should precede
corrective action, and (2) investigations do not always result in corrective action. In other words,
investigations and corrective actions should not be conflated together.
14.1 Grounds for Investigation
The Medical Staff may initiate an investigation into any Practitioner or APP when reliable
information from any source indicates that the Practitioner or APP has done anything that is reasonably
likely to have been, or to be:
Medical Staffs can choose to develop a different process for investigations and corrective actions for
APPs; however, the process developed here is designed to promote fairness and the discovery of
factual information.
14.1.1 Detrimental to patient safety or to the delivery of quality patient care within the
Hospital;
14.1.2 Unethical or illegal;
14.1.3 Contrary to the Medical Staff Governing Documents;
14.1.4 Intimidating or harassing to staff, colleagues, patients, or other persons at the

Hospital;
14.1.5 Below applicable professional standards;
14.1.6 Disruptive of Medical Staff or Hospital operations; or
CHA’s Model Bylaws have long included acknowledgement that disruption of hospital
operations should be actionable. For DNV-accredited hospitals, this is included as a
requirement of Standard MS.14.
14.1.7 An improper use of Hospital or Medical Staff resources.
14.2 Initial Review
14.2.1 Whenever information suggests that an investigation is warranted, the Chief of

Staff or his or her designee [and/or the Chief Medical Officer] may, on behalf of
the Medical Executive Committee, immediately perform an initial review and
conduct whatever interviews may be indicated. The information developed
during this initial review shall be presented to the Medical Executive Committee,
which shall decide whether to initiate a formal investigation.

14.2.2 If the information includes claims of unlawful harassment or discrimination by a
Practitioner or APP, the Chief of Staff or his or her designee [and/or the Chief
Medical Officer] and representatives from the Hospital, which may include an
attorney or other advisor, shall perform an initial review. The reviewers shall
attempt to complete the initial fact-gathering process within five days, and within
seven days shall decide whether to refer the matter to the Medical Executive
Committee for further investigation or corrective action. If the matter is referred
to the Medical Executive Committee, the information gathered during the initial
review shall be provided to the Medical Executive Committee.
14.3 Initiation of Investigation
The Medical Executive Committee may initiate an investigation upon receiving information
suggesting that grounds for an investigation exists. Except as provided in these Bylaws, only the Medical
Executive Committee has the authority to initiate an investigation as defined in these Bylaws. The Chief
of Staff shall inform the Chief Executive Officer or his or her designee whenever an investigation is
initiated and shall continue to keep the Chief Executive Officer or his or her designee fully informed of all
action taken. If the investigation involves a patient complaint that constitutes a “patient grievance”
pursuant to the Hospital’s grievance policy, the Medical Executive Committee shall cooperate with the
Hospital in its process for the resolution of patient grievances.
The Medicare Conditions of Participation require Hospitals to have a process to address patient
grievances. Hospitals and Medical Staffs should ensure that their investigatory processes do not
conflict with each other when a matter involves a patient grievance.
14.4 Investigative Procedure
Once the Medical Executive Committee initiates an investigation, it will proceed with the
understanding that the fundamental purpose of the investigation is to discover facts in order to determine
truth. To achieve this, the following will occur:
This statement may provide guidance to the Medical Staff.
The following process helps to achieve the fundamental purpose of the investigation and to instill
fairness into the process.
14.4.1 The Medical Executive Committee will inform the Practitioner or APP that it has
initiated an investigation. The notice will include a brief description of the reasons
for the investigation, will identify the body that is performing the investigation,
and will inform the Practitioner or APP that he or she will have an opportunity to
provide information to the investigative body pursuant to these Bylaws.
14.4.2 The Medical Executive Committee will identify a body to perform the
investigation. The investigatory body may be the Medical Executive Committee
as a whole, a subcommittee of the Medical Executive Committee, an ad hoc
committee, a Medical Staff Officer or Department Chair, or other body that the
Medical Executive Committee determines is appropriate to perform the
investigation. The Medical Executive Committee will provide the investigatory

body with appropriate direction for its assignment. Insofar as feasible, the
members of the investigatory body may not be in direct economic competition
with the individual being investigated; may not be professionally associated with
or a relative of the individual being investigated; and may not have an actual bias,
prejudice, or conflict of interest that would or could prevent the individual from
fairly and impartially investigating the matter.
14.4.3 The investigatory body will evaluate whatever information it determines is

reasonably likely to achieve the goal of discovering facts to determine truth. This
may include, without limitation, reviewing relevant documents and patient
records; conducting interviews; engaging outside consultants, subject to the
Medical Executive Committee’s approval; and requiring the Practitioner or APP
to submit to a physical or mental health examination and/or mandatory drug and
alcohol testing at the Practitioner’s or APP’s expense, subject to the Medical
Executive Committee’s approval. The investigatory body may require the
Practitioner or APP to submit information as part of the investigation, including
patient medical records.
14.4.4 The investigatory body shall provide the Practitioner or APP the opportunity to
provide information to the body in a manner that the investigatory body
determines appropriate. This may include the provision of written information to
the investigatory body, attendance at an interview with the investigatory body, or
both. Interviews shall not include the presence of attorneys and shall not be
considered a “hearing” as the term is used in these Bylaws.
14.4.5 The investigatory body will attempt to complete its investigatory tasks within 30
days; however, the investigatory body may take additional time as long as it keeps
the Medical Executive Committee informed of its progress.
14.5 Conclusions
14.5.1 At the conclusion of its investigation, the investigatory body shall create a report,
which it shall submit to the Medical Executive Committee (if the investigatory
body was not the Medical Executive Committee). The report shall summarize the
investigatory body’s activities during the investigation and shall include its
findings and conclusions. The report may include recommendations to the
Medical Executive Committee, but the Medical Executive Committee is not
required to adopt any investigatory body recommendation.
14.5.2 Before acting on any report, the Medical Executive Committee shall confirm that
the Practitioner or APP had the opportunity to provide information to the
investigatory body in the manner described above.
14.5.3 As soon as practicable after the conclusion of the investigation, the Medical
Executive Committee shall do one of the following:
(a) Determine that no corrective action should be taken and, if the Medical
Executive Committee determines there was no credible evidence for the

complaint in the first instance, clearly document that finding in the
Practitioner’s file;
(b) Refer the matter back to the investigatory body, with guidance regarding
additional investigation that the Medical Executive Committee has
determined is necessary;
(c) Defer action to a reasonable time; or
(d) Impose corrective action in the manner described in the Corrective

Action Article.
14.6 Notification of Investigation to System Members
This notification provision is broad and includes notification of recommendations that are not
yet final actions. Hospitals and Medical Staffs should consult with counsel before notifying any
entity about a corrective action recommendation or action.
Whenever the Medical Executive Committee initiates an investigation under this Article, it may
notify other System Members where the individual also practices or has privileges that an investigation
has been initiated and the basis for the investigation. The Medical Executive Committee also may provide
any other information it determines to be appropriate regarding the investigation to other System
Members, but will take measures to protect the integrity of the investigation and will not provide
preliminary or draft investigatory reports to other entities. The Medical Staff and Hospital will ensure that
any information shared complies with Hospital policies regarding patient confidentiality and, at a
minimum, with HIPAA and California’s laws regarding confidentiality. Any notification should take place
within 10 days of the initiation of the investigation, if possible.
14.7 Information Received from Other Entities
If the Hospital or Medical Staff is informed that a Practitioner or Allied Health Staff member is
subject to an investigation at another entity, that information will be referred to the Medical Executive
Committee for evaluation to determine whether an investigation is warranted by this Medical Staff
pursuant to these Bylaws.
14.8 Joint Investigations
This Medical Staff may join with other System Members to jointly investigate an individual who
practices at or has privileges with each of the System Members involved in the investigation. In such
event, the Medical Executive Committee may delegate the investigation to a joint investigatory body. The
joint investigatory body must comply with the investigation provisions detailed in this Article, except that
it may engage outside consultants and require mental or physical evaluations without the Medical
Executive Committee’s approval, as long as a majority of the executive committees of the System
Members participating in the investigation agree that the engagement or evaluation is necessary.
Engaging outside consultants often incurs costs that the Hospitals and/or the Medical Staffs are
responsible for. Earlier in these Bylaws is a provision that requires Medical Executive Committee
approval before an investigatory body engages consultants. The rationale for this is to manage

resources. Here, because a joint investigation involves more than one Medical Executive Committee,
we suggest that a majority of the Medical Executive Committees involved must give approval before
engaging a consultant. This provision is optional, and Medical Staffs can choose to remove it or,
alternatively, to specify that each Medical Executive Committee must give approval before the joint
investigatory body can engage an outside consultant.
14.9 Medical Executive Committee Authority
Despite the status of any investigation, including any joint investigation, the Medical Executive
Committee shall, at all times, retain authority and discretion to take whatever action may be warranted by
the circumstances, including summary action.

ARTICLE 15
CORRECTIVE ACTION
15.1 Grounds for Action
15.1.1 Regardless of whether or not an investigation has taken place, or is taking place,
the Medical Executive Committee at all times has the authority to impose
corrective action when grounds for action exists. The grounds for corrective
action include when the Medical Executive Committee has reasonably verified
that events that would constitute grounds for investigation, as identified above,
have, in fact, occurred.
15.1.2 When appropriate, the Medical Staff should make reasonable attempts at informal
remediation or progressive measures, or to conduct a formal investigation, before
initiating corrective action; however, such measures are not mandatory conditions
to corrective action, which may be initiated whenever circumstances reasonably
appear to warrant it.
15.2 Authority to Impose Action
15.2.1 By accepting membership and/or privileges, the Practitioner accepts the authority
of the Medical Executive Committee to recommend and/or impose corrective
action pursuant to these Bylaws. Each Practitioner agrees that he or she will
comply with any requirements the Medical Executive Committee imposes on the
Practitioner as corrective action once that action is considered a final action or if
the action is a summary action. Failure to comply with the requirements of
corrective final actions or summary actions shall, in and of itself, be grounds for
additional corrective action, including termination of membership and privileges.
Invoking the hearing rights under these Bylaws shall not be considered a failure
to comply with any corrective action requirement, and no Practitioner shall be
penalized for asserting his or her hearing and appeal rights.
15.2.2 Nothing within this article shall preclude Department Chairs or committees from
issuing informal written or oral warnings that do not constitute corrective action
under these Bylaws.
15.3 Effective Dates of Action
15.3.1 Unless the Medical Executive Committee designates otherwise, a non-summary

corrective action that does not give rise to a hearing right under these Bylaws
shall be considered final and effective upon the Governing Body’s affirmation of
the action.
Because such actions are not restrictive, Medical Staffs can modify this provision so
that they are final upon the Medical Executive Committee’s approval.

15.3.2 Unless the Medical Executive Committee designates otherwise, summary action
shall be effective immediately upon imposition.
15.3.3 Corrective action that gives rise to a hearing right under these Bylaws but is not a
summary action shall be considered final and effective only after the Practitioner
has exhausted or waived his or her hearing rights and only if the action is adopted
by the Governing Body.
15.4 Examples of Corrective Action
The Medical Executive Committee has the authority to impose corrective action it determines is
likely to achieve peer review goals and is appropriate under the circumstances. Examples of such action
include, but are not limited to:
15.4.1 Issuing a letter of guidance, counsel, warning, or reprimand;
15.4.2 Referring to an appropriate committee, such as the Well-Being Committee or

Professional Standards Committee;
15.4.3 Imposing terms of probation for continued appointment;
15.4.4 Requiring non-restrictive monitoring or retrospective proctoring;
15.4.5 Requiring additional training or education;
15.4.6 Recommending reduction, suspension (including summary suspension), or other

restriction of membership or clinical privileges, including mandatory consultation,
concurrent proctoring, or co-admission; or
15.4.7 Recommending revocation of membership or clinical privileges.
15.5 Additional Steps
15.5.1 The Medical Executive Committee shall provide notice of the corrective action to
the Practitioner. When the action gives rise to a hearing under these Bylaws, the
notice shall comply with the notice requirements detailed in the Hearing and
Appeals Article. When appropriate, the Medical Executive Committee shall
identify and inform the member of any terms or conditions that must be met
before the corrective action is lifted.
15.5.2 Whenever the Medical Executive Committee, Department Chair, or Committee

chair issues a written letter of guidance, counsel, warning, or reprimand, whether
as formal corrective action or otherwise, the Practitioner or Allied Health Staff
member shall have the right to submit a written response, which shall be placed
in his or her file.
15.5.3 Whenever the Medical Staff takes or recommends an action for a medical
disciplinary cause or reason, or based on the Practitioner’s professional
competence or professional conduct, that adversely affects, or could adversely

affect, the health or welfare of a patient, it shall confer with the Hospital
administration and with counsel, if any, to determine whether the Medical Staff
and Hospital have any reporting obligations under California Business and
Professions Code Sections 805 or 805.01, or to the National Practitioner Data
Bank.
“Medical disciplinary cause or reason” is the standard used to determine whether an

action must be reported to the licensing board; “professional review actions,” as
described in this section, is the standard used to determine whether something must
be reported to the NPDB.
15.6 Summary Action
15.6.1 Grounds for Summary Action
The Medical Staff may immediately and summarily suspend or restrict a

Practitioner’s or Allied Health Staff member’s privileges whenever the failure to
take that action may result in an imminent danger to the health of any individual.
This language reflects the standard in Business and Professions Code Section 809.5.
15.6.2 Summary Actions, Defined
A “summary action” is a suspension or other restriction of privileges that goes

into effect before the Practitioner has the opportunity to exercise the hearing and
appeal rights in these Bylaws, if any apply.
15.6.3 Procedures for Imposition of Summary Actions
(a) The Medical Staff authorizes each of the following to impose a summary
action on a Practitioner, if grounds for summary action exist: the Medical
Executive Committee; the Chief of Staff; the Chair of the Department
where the Practitioner holds privileges; the Chief Executive Officer, and
the Chief Medical Officer [or any officer of the Governing Body].
The Medical Staff may authorize who may impose a summary

restriction/suspension. California Business and Professions Code Sections
809.5(a) and (b).
(b) Unless otherwise stated, the summary action shall be effective

immediately upon imposition. The summary action may be limited in
duration and remain in effect for the period stated or may be of
indeterminate length.
(c) The person or body who imposed the summary action shall provide oral
notice to the Practitioner within one working day after imposition, and
Special Notice in writing within three working days after imposition. The
written notice shall include a brief statement of facts demonstrating that
the summary action is reasonable and warranted because it is reasonable

to believe that a failure to take the action summarily could result in an
imminent danger to the health of any individual. The statement of facts
shall also include a summary of one or more particular incidents giving
rise to the assessment of imminent danger. This initial notice is in
addition to, and not a substitute for, the written notice required under the
hearing and appeal procedures in these Bylaws.
This notice is not legally required but is recommended for promoting fairness
within the process. Additionally, having the Medical Staff articulate the
rationale for the summary suspension early in the process helps ensure that
the action is taken thoughtfully and in compliance with legal standards.
(d) If the Medical Executive Committee was not the body who imposed the
summary action, the person or body who imposed it will provide the
Medical Executive Committee with oral notice of the summary action
within one working day after imposition and with a copy of the same
Special Notice provided to the Practitioner within three working days
after imposition. Such notice shall also be considered a request to initiate
an investigation and/or corrective action under these Bylaws.
(e) Patients affected by a summary action shall be assigned to another

member by the Department Chair or Chief of Staff. The wishes of the
patient and affected Practitioner shall be considered, where feasible, in
choosing a substitute member.
15.6.4 Procedures for Ratification of Summary Action
Within one week after a summary action has been imposed, the Medical
Executive Committee or a subcommittee appointed by the Chief of Staff shall
meet to review and consider the action. Upon request, the member may attend
and make a statement, on such terms and conditions as the Medical Executive
Committee may impose, concerning the events leading to the summary action.
No Medical Executive Committee meeting, with or without the member, shall
constitute a “hearing” within the meaning of the Hearings and Appellate Reviews
provisions of these Bylaws. After the meeting, the Medical Executive Committee
will continue, modify, or terminate the summary action. It shall give the
Practitioner Special Notice of its decision within two working days of the
meeting.
15.6.5 Imposition of Summary Action by Governing Body
(a) If no one authorized to take summary action in the Procedures for

Imposition of Summary Actions Section is available to take summary
action, the Governing Body (or its designee) may immediately suspend a
Practitioner’s privileges if failure to summarily suspend those privileges is
likely to result in imminent danger to the health of any individual,
provided that the Governing Body (or its designee) made reasonable

attempts to contact the Chief of Staff and the Chair of the Department to
which the member is assigned before acting.
The language of this section provides that the Governing Body may
“summarily suspend,” rather than “summarily restrict” a Practitioner’s
privielges. The rationale for this wording is that the authorization allowing
the Governing Body to act (found in Business and Professions Code Section
809.5(b)) specifically says the Governing Body may “immediately suspend,”
and does not include the word, “restrict.”
(b) Such summary action is subject to ratification by the Medical Executive

Committee. If the Medical Executive Committee does not ratify the
summary action within two working days, excluding weekends and
holidays, the summary action shall terminate automatically.
15.7 Governing Body Right to Intercede
15.7.1 The Governing Body has ultimate responsibilities over the care provided at the
Hospital and must act to protect the quality of care provided to patients and
ensure the competency of the Medical Staff.
15.7.2 If the Medical Executive Committee fails to investigate or to take corrective

action contrary to the weight of the evidence, the Governing Body may direct the
Medical Executive Committee to initiate an investigation or disciplinary action,
but only after consultation with the Medical Executive Committee.
This language reflects the legal standard found in Business and Professions Code
Section 809.05(b).
“Consultation” may include, but is not limited to, written correspondence with
the Medical Executive Committee via the Chief of Staff, an in-person meeting
with the Medical Executive Committee, or an in-person meeting with the Chief
of Staff or his or her designee, as the Medical Executive Committee’s
representative. As part of the consultation, the Governing Body shall identify the
Practitioner against whom action is requested, shall summarize the basis for the
request for action, may identify the action or actions requested, and shall include
a deadline for action.
15.7.3 If the Medical Executive Committee fails to take action in response to that
Governing Body’s direction, the Governing Body may initiate corrective action
after providing written notice to the Medical Executive Committee of the intent
to initiate action. The Governing Body shall provide notice of the corrective
action to the Practitioner and to the Medical Executive Committee. When the
action gives rise to a hearing under these Bylaws, the notice shall comply with the
notice requirements detailed in the Hearing and Appeals Article.
This language reflects the legal standard found in Business and Professions Code
Section 809.05(c).

15.7.4 Nothing in this subsection shall limit the Governing Body from taking summary
action consistent with Imposition of Summary Action by Governing Body
Section of this Article when the failure to take immediate action may result in
imminent danger to the health of any person.
15.8 Automatic Suspension, Termination, and Limitation
TJC Standard MS.01.01.01, EP 28, requires the Bylaws to include the indications for automatic
suspension of membership or privileges, and EP 31 requires the Bylaws to include the process
for automatic suspension of membership or privileges. The provisions here meet those
standards and go further in discussing automatic terminations.
15.8.1 General Terms
(a) In the circumstances described in the Events Resulting in Automatic

Action Section below, a Practitioner’s or AHP’s privileges or membership
may be automatically terminated, suspended, or limited as described. If a
Practitioner or AHP accumulates a total of 90 days of automatic
suspension in a 12-month period, his or her membership and privileges
shall be automatically terminated.
The Medical Staff may adopt a different number, such as 120 days.
Although automatic terminations do not usually lead to reporting obligations

under Business and Professions Code Section 805, or required reports to the
National Practitioner Data Bank, there are circumstances under which an
automatic action will require a report. In those circumstances, the Medical
Staff may also have to provide the practitioner with a hearing right prior to
the termination going into effect. Medical Staffs should consult legal counsel
whenever it appears that an automatic termination is imminent in order to
assess whether reporting obligations or hearing rights will be triggered.
(b) Except as otherwise provided below, an automatic termination,

limitation, or suspension of appointment and privileges will be effective
immediately upon actual or Special Notice to the individual. Notice also
shall be provided to the Medical Executive Committee, Chief Executive
Officer, and Governing Body.
(c) Patients affected by an automatic suspension shall be assigned to another

member by the Department Chair or Chief of Staff. The wishes of the
patient and affected Practitioner shall be considered, where feasible, in
choosing a substitute member.
(d) A Practitioner whose membership or privileges have been automatically

terminated, suspended or limited shall not be entitled to procedural rights
afforded under the Hearing and Appeal Article of these Bylaws unless the
Medical Staff determines that the Practitioner is entitled to such rights

pursuant to Business and Professions Code Section 809 et seq., or under
the Health Care Quality and Improvement Act.
(e) When the Practitioner or AHP is not entitled to the Hearing and Appeal
provisions of these Bylaws for an automatic termination, limitation, or
suspension, the Medical Executive Committee may provide the
Practitioner or AHP with an opportunity to meet with the Medical
Executive Committee in any forum or manner that it deems appropriate.
Such meeting shall not be considered a hearing and shall not be
conducted as a hearing under these Bylaws. The issue before the Medical
Executive Committee shall be limited solely to the question of whether
or not grounds existed for the automatic termination, suspension, or
limitation. The Medical Executive Committee shall immediately rescind
any termination, suspension, or limitation that was based on a material
mistake of fact as to the basis for such action. If the Medical Executive
Committee rescinds an automatic termination, suspension, or limitation
based on a material mistake of fact, that automatic termination,
suspension, or limitation shall not be grounds for a civil action for
damages against the Hospital, Governing Body, Medical Staff, or Medical
Staff members.
15.8.2 Events Resulting in Automatic Action
In addition to the other circumstances described elsewhere in these Bylaws as

resulting in automatic suspension, termination, or limitation, the following
circumstances shall lead to automatic suspension, termination, or limitation:
(a) Licensure
(i) Revocation, Suspension, or Expiration. Whenever a member’s

license or other legal credential authorizing practice in this state is
revoked, suspended or expired, Medical Staff membership and
privileges shall be automatically revoked as of the date such
action becomes effective.
(ii) Restriction. Whenever a member’s license or other legal

credential authorizing practice in this state is limited or restricted
by the applicable licensing or certifying authority, any privileges
which are within the scope of such limitation or restriction shall
be automatically limited or restricted in a corresponding manner
as of the date such action becomes effective and throughout its
term.
Some Medical Staffs may choose to impose an automatic suspension

or termination, rather than police the limits of the license restriction.
(iii) Probation. Whenever a member is placed on probation by the

applicable licensing or certifying authority, his or her membership

status and privileges shall automatically become subject to the
same terms and conditions of the probation as of the date such
action becomes effective and throughout its term.
(b) Drug Enforcement Certificate
(i) Revocation, Suspension, or Expiration. Whenever a member’s

Drug Enforcement Administration certificate is revoked, limited,
suspended or expired, the member shall automatically and
correspondingly be divested of the right to prescribe medications
covered by the certificate as of the date such action becomes
effective and throughout its term [OR: the member’s privileges
shall be suspended].
If having a valid DEA certificate is a qualification for membership,

then not having one should lead to suspension and then, if not
corrected, termination.
(ii) Probation. Whenever a member’s Drug Enforcement

Administration certificate is subject to probation, the member’s
right to prescribe such medications shall automatically become
subject to the same terms of the probation as of the date such
action becomes effective and throughout its term.
(c) Medical Records

Medical Staff members and AHPs are required to prepare, maintain, and
complete accurate medical records within the time frame prescribed by the
Governing Documents. Failure to do so shall result in an automatic
suspension after notice is provided. The suspension shall apply to the
Medical Staff member’s right to admit, treat, or provide services to new
patients in the Hospital; however, members may admit and treat new
patients in life-threatening situations. Members and AHPs also shall be
allowed to continue to care for patients the Medical Staff member already
has admitted or is treating until that patient is discharged. The suspension
shall continue until the medical records are completed or until the
Practitioner or AHP accumulates sufficient suspension days to result in an
automatic termination. Nothing in the foregoing shall preclude the
Medical Executive Committee from also implementing monetary fines or
a reduction of non-clinical privileges for delinquent medical records.
It is reasonable to permit members suspended for medical record delinquencies

to provide services in limited situations, for a limited period of time.
Some Medical Staffs find that imposition of fines or demotion of benefits (e.g.,
preferred parking spots) are more effective in dealing with medical record
deficiencies.

(d) Failure to Maintain Professional Liability Insurance
Failure to maintain professional liability insurance as required by these
Bylaws shall result in automatic suspension of membership and all
privileges. Failure to maintain professional liability insurance for certain
procedures shall result in the automatic suspension of privileges to perform
those procedures. The suspension shall be effective until appropriate
coverage is reinstated, including coverage for the time period for which
coverage had lapsed, or until the Practitioner or AHP accumulates
sufficient suspension days to result in an automatic termination.
(e) Failure to Pay Dues or Fines

Failure to pay required dues or fines within 30 days after written warning
of delinquency shall result in an automatic suspension of membership and
privileges. The Practitioner or AHP shall remain suspended until he or she
either pays the delinquent dues or accumulates sufficient suspension days
to result in an automatic termination.
(f) Failure to Comply with Government and Other Third-Party Payor

Requirements
If a member ceases to be a Medicare or Medi-Cal provider for any reason,
the member shall be automatically [suspended][removed from all emergency
call activities]. The Medical Executive Committee shall be empowered to
determine that compliance with certain specific third-party payor,
government agency, or professional review organization rules or policies is
essential to Hospital and/or Medical Staff operations. In such cases, a
Practitioner who fails to comply with such requirements shall be
automatically suspended and shall remain suspended until the Practitioner or
AHP either comes into compliance with these requirements or accumulates
If the Bylaws require members to maintain eligibility to participate in

Medicare/Medi-Cal, then there should be a corresponding provision for
automatic suspension if such eligibility is lost. Additionally, DNV-accredited
hospitals must include such a provision. (See DNV-GL Standard MS.12, SR 7.)
(g) Failure to Maintain Board Certification

Failure to maintain board certification, if applicable, throughout the
appointment period shall result in the automatic suspension of privileges.
The Practitioner or AHP shall remain suspended until board certification
is achieved, or until he or she accumulates sufficient suspension days to
result in an automatic termination.
Not all Hospitals will require board certification. Those that do might not
require continuous maintenance of certification, or if they do, will address it at
reappointment, rather than in the middle of an appointment. This provision is
only applicable if the Medical Staff intends to suspend Practitioners mid-
appointment if they do not maintain board certification.

(h) Arrests or Convictions
A conviction, plea of guilty, or plea of no contest shall result in an
automatic relinquishment of medical staff membership and privileges if
the matter pertains to a felony or misdemeanor involving any of the
following: (a) Medicare, Medicaid, or other federal or state governmental
or private third-party payer fraud or program abuse; (b) controlled
substances, other than marijuana; (c) sexual assault, battery, or rape; (d)
child pornography; (e) moral turpitude; or (f) child, dependent adult, or
elder abuse.
Some Hospitals will include this type of provision; others will choose not to.
Listed here are the types of offenses that may reflect on the Practitioner’s
character or fitness to practice.
Additionally, some Hospitals may choose to broaden this provision by

automatically suspending Practitioners who have been arrested, charged, or
indicted (but not yet convicted) for these offenses. This approach has both the
advantage and disadvantage of removing discretion from the Medical Staff
when addressing members who have been charged with serious offenses. On
the one hand, the Medical Staff will not have to commit resources to weigh
the effect the alleged criminal conduct (if true) has on patients or on Hospital
operations; on the other, some Medical Staffs may be uncomfortable with
suspending Practitioners who have not yet been found guilty of the alleged
crime.
(i) Failure to Provide Information

An individual’s failure to provide information pertaining to his or her
qualifications for appointment or clinical privileges in response to a
written request from the Credentials Committee, the Medical Executive
Committee, or any other Medical Staff committee shall result in the
automatic suspension of appointment and clinical privileges. The
Practitioner or AHP shall remain suspended until he or she either provides
the information to the satisfaction of the requesting party or accumulates
In some cases, this may result in a report to the licensing body and/or the
NPDB. Hospitals should consult with counsel whenever a Practitioner is
suspended or terminated for failing to provide information.
(j) Failure to Satisfy Special Attendance and Related Peer Review

Requirements
Failure without good cause to, when requested by a Medical Staff
committee, submit to mental or physical examinations, execute a release as
required, or appear at any type of meeting shall result in the automatic
suspension of the individual’s privileges. The determination whether such
failure is without good cause shall rest solely in the discretion of the
Medical Executive Committee. The automatic suspension shall remain in
effect until the individual either complies with the request in issue or

accumulates sufficient suspension days to result in an automatic
termination.
In some cases, this may result in a report to the licensing body and/or the
NPDB and may trigger a hearing right. Hospitals should consult with counsel
whenever a Practitioner is suspended or terminated for not obtaining an
examination, submitting a release, or satisfying a special appearance
requirement.
(k) Failure to Complete Mandatory Orientation or Training
Hospitals require Practitioners and AHPs to complete training on a number of

subjects, such as electronic medical records, HIPAA compliance, and infection
control. This section imposes an automatic suspension when the Practitioner
fails to do so.
Failure without good cause, as determined solely by the Medical Executive

Committee, to complete in a timely manner any mandatory orientation or
training required by the Hospital, the Governing Documents, or the
Medical Executive Committee shall result in the automatic suspension of
the member’s Medical Staff privileges until such time as either the
individual has successfully completed the required orientation or training
or the Practitioner’s or AHP’s membership and privileges are
automatically terminated. For the purposes of this section, “mandatory
training” does not include training ordered as part of an individual
determination regarding a Practitioner’s competency, such as training
ordered as part of an FPPE plan or as a corrective action.
Training is sometimes required on an individual basis as part of an FPPE or

corrective action. In those cases, if a Practitioner fails to participate, the
appropriate next step is for the Medical Executive Committee to determine
whether other corrective action is warranted, rather than an automatic
suspension (which, in these cases, would blur the line between peer review
and administrative actions).
(l) Exclusive Contracts
(i) If the Hospital closes or continues the closure of a department or

service pursuant to an exclusive contract, or if the Hospital
transfers an exclusive contract, then the privileges covered by the
exclusive contract shall automatically terminate if the Practitioner
is not a party to, a subcontractor under, or a third-party
beneficiary of the contract.
(ii) If a Practitioner is no longer a party to, a subcontractor under, or

a third-party beneficiary of a contract to provide services to a
closed department or service under an exclusive arrangement, the

Practitioner’s privileges to provide such services shall be
automatically terminated.
(m) Telemedicine
This provision applies only if using a delegated credentialing process.
If a Practitioner has telemedicine privileges granted through the processes

detailed in the Processing of Telemedicine Membership and Privileges
Section of the Procedures for Appointment and Reappointment Article,
those privileges shall automatically terminate if: (a) the Practitioner no
longer has the same privileges at the distant site hospital or entity that the
Practitioner has been granted at this Hospital; or (b) if the distant site
hospital or entity informs the Hospital that it has terminated or
recommended the termination of the Practitioner’s privileges and/or
membership. If a Practitioner has telemedicine privileges granted through
the processes detailed in Processing of Telemedicine Membership and
Privileges Section of the Procedures for Appointment and Reappointment
Article, those privileges shall be automatically suspended if the distant site
hospital or entity informs the Hospital that it has suspended the
Practitioner’s privileges.
This approach – where the privileges at this hospital are terminated only upon
the recommendation of termination by the distant site hospital or entity – is
broad, and can be limited. However, because the hospital often has little
direct oversight of the Practitioner, it may wish to proactively terminate
whenever it receives such information. Hospitals should consult with legal
counsel as to whether such automatic action would result in any reporting
obligations or hearing and appeal rights.
15.9 Notification of Recommendation or Action to System Members
This notification provision is broad and includes notification of recommendations that are not
yet final actions. Hospitals and Medical Staffs should consult with counsel before notifying any
entity about a corrective action recommendation or action.
15.9.1 Whenever the Medical Staff or Hospital takes or recommends corrective action
against an individual, the Medical Staff and Hospital may notify other System
Members where the individual also practices, has privileges, or is applying for
privileges, of: (a) the action recommended or taken; (b) the basis for the
recommendation or action; (c) whether the individual has a right to challenge the
action through a hearing; and (d) whether the individual has requested a hearing
to challenge the action. The Medical Staff or Hospital also may share any other
information it determines to be appropriate regarding the action with other
System Members.

15.9.2 The Medical Staff and Hospital will ensure that any information shared complies
with Hospital policies regarding patient confidentiality and, at a minimum, with
HIPAA and California’s laws regarding confidentiality. Any notification should
take place within 10 days of the action or event, if possible.
15.10 Information Received From Other Entities
If the Hospital or Medical Staff is informed that a Practitioner or AHP is subject to a corrective
action recommendation or action at another entity, that information will be referred to the Medical
Executive Committee for investigation. If a Practitioner or AHP has been summarily restricted at a
System Member, the Chief of Staff will, within one day of receiving notice, determine whether a summary
action is justified at this Hospital pursuant to these Bylaws. If the Chief of Staff imposes a summary
action, it will be reviewed in the same manner as other summary actions.

ARTICLE 16
HEARINGS AND APPEAL
The hearing and appeal provisions in these Bylaws are designed to comply with the requirements of
California Business and Professions Code Section 809 et seq., as well as California case law. They also
are designed to help Medical Staffs comply with the hearing standards of the federal Health Care
Quality Improvement Act which, if met, can support the Hospital’s immunity protections under federal
law. Finally, these provisions are designed to promote efficient hearing processes.
Because publicly-owned Hospitals may have due process responsibilities beyond those reflected in this
Model, those Hospitals and their Medical Staffs should consult with counsel before adopting or
modifying their hearing and appeals processes.
16.1 Scope of Article
16.1.1 Throughout this Article, the term “Practitioner” applies to physicians, podiatrists,
dentists, and psychologists who are applicants, members, and/or hold privileges
to or on the Medical Staff.
16.1.2 The hearing and appeal procedures set forth in this Article do not apply to AHPs,
including APPs [except for clinical psychologists], regardless of whether or not a
corrective action must be reported to the AHP’s licensing board.
Some Medical Staffs classify clinical psychologists as members; others classify them
as AHPs. Regardless, they are entitled to hearing rights under Business and
Professions Code Section 809. For hospitals that designate psychologists as AHPs, the
highlighted language must be added.
16.1.3 This Article applies only to actions or recommendations taken for a medical
disciplinary cause or reason and that require a report to the Practitioner’s
licensing board pursuant to Business and Professions Code Section 805 or to the
National Practitioner Data Bank. If the Hospital or Medical Staff takes other
actions or recommendations that adversely affect a Practitioner’s ability to
practice at the Hospital for more than 14 consecutive days, then the Practitioner
may be entitled to the administrative review provisions described in the Rules and
Regulations. However, no Practitioner is entitled to a hearing under this Article
or to an administrative review in the Rules and Regulations if they are subject to
an automatic suspension or automatic termination under these Bylaws, or if they
are denied or terminated for failing to meet the minimum or general qualifications
found in Bylaws Article 9.

Hospitals and Medical Staffs may want to adopt separate provisions to address
restrictions that do not give rise to a hearing under Business and Professions Code
Section 809 et seq., but that may create a common-law hearing right. Those hearing
procedures do not have to be in the Medical Staff Bylaws, and instead can be
included in the Rules and Regulations.
16.1.4 Individual Evaluations v. Requests to Review Rules and Requirements
The hearing and appeal rights established in these Bylaws are strictly “judicial”
rather than “legislative” in structure and function. The triers of fact and hearing
officer have no authority to adopt or modify rules and standards or to decide
questions about the merits or substantive validity of any Governing Document.
However, the Medical Executive Committee, in conjunction with the Governing
Body may, in its discretion, entertain challenges to the merits or substantive
validity of Governing Documents and decide those questions. If the only
controversy is whether a Governing Document is lawful or meritorious, the
Practitioner is not entitled to a hearing or appellate review. In such cases, the
Practitioner must submit his or her challenges first to the Governing Body and
only thereafter may he or she seek judicial intervention.
16.1.5 Substantial Compliance
Technical, non-prejudicial, or insubstantial deviations from the procedures set

forth in these Bylaws shall not be grounds for invalidating the action taken.
16.2 Initiation of Hearing
16.2.1 Governing Body Action
For ease of use, the terms of this Article generally reference hearing rights that
arise from adverse actions and recommendations by the Medical Executive
Committee. If the Governing Body takes an action without first receiving an
adverse recommendation from the Medical Executive Committee, and that action
is grounds for a hearing under this Article, any reference in this Article to the
“Medical Executive Committee” or “Chief of Staff” will be interpreted as a
reference to the “Governing Body” or “Governing Body designee,” respectively,
and the Governing Body or its designee will have the responsibilities otherwise
granted to the Medical Executive Committee or Chief of Staff.
When the Medical Staff fails to act in peer review matters, the Governing Body has
the right to do so. If its actions give rise to a hearing right, then the Governing Body,
rather than the Medical Staff, should have the authority to manage the hearing. This
paragraph makes that responsibility explicit.
16.3 Grounds for Hearing
Except as otherwise specified in these Bylaws, any one or more of the following actions or
recommendations shall constitute grounds for a hearing, but only if the final imposition of

the action would require the Hospital to file a report under California Business and
Professions Code Section 805 or to the National Practitioner Data Bank:
(a) Denial of initial appointment or reappointment to the Medical Staff;
(b) Denial of requested clinical privileges;
(c) Suspension of Medical Staff membership and/or privileges for more than
14 consecutive days;
(d) Restrictions, including suspension and mandatory proctoring, imposed on

privileges or membership for a cumulative total of 30 days or more during
any 12-month period;
(e) Termination of Medical Staff membership and/or privileges;
(f) Any other disciplinary action or recommendation that must be reported to

a Practitioner’s licensing board under Business and Professions Code
Section 805 or to the National Practitioner Data Bank.
No other recommendation or action will entitle a Practitioner to a hearing detailed in this

Article. Voluntary restrictions, leaves of absence, and resignations are not disciplinary
actions or recommendations, and do not entitle a Practitioner to a hearing under these
Bylaws, regardless of whether or not they must be reported to the licensing board or the
National Practitioner Data Bank.
California Business and Professions Code Section 809.1(a) provides that “[a] licentiate who is the
subject of a final proposed action of a peer review body for which a report is required to be filed
under Section 805” shall be entitled to notice and a hearing. Although resignations and voluntarily
accepted restrictions must, under certain circumstances, be reported under Section 805, they do
not constitute a “final proposed action” and, therefore, do not give rise to hearing rights.
16.4 Notice of Recommendation or Action
When an adverse action or adverse recommendation has been taken or made, the Chief of
Staff shall promptly give the Practitioner Special Notice of the recommendation or action
and of the right to request a hearing pursuant to this Article. The Notice of
Recommendation or Action shall include the following information:
(a) A description of the recommendation or action;
(b) A brief statement of the basis for the recommendation or action;
(c) Whether the action, if adopted, must be reported under Business and
Professions Code Section 805, and/or the National Practitioner Data Bank;
This is not required but should be included.

(d) A statement that the Practitioner has the right to request a hearing on the
recommendation or action within 30 days of receipt of the notice, and that
failure to request such a hearing in a timely manner shall result in the
waiver of the right to a hearing; and
Hospitals should not change this deadline. To obtain the immunities available
under the Health Care Quality Improvement Act, Medical Staffs should allow
Practitioners at least 30 days to request a hearing.
(e) A summary of the Practitioner’s rights under this Article and a copy of
this Article.
Providing a copy of the Article is optional, but advisable.
16.4.2 Mediation
At any time before or after making a corrective action recommendation, the

Medical Staff may offer the Practitioner the opportunity to mediate the dispute.
The mediation shall be conducted in the manner described in the Rules and
Regulations. The Practitioner agrees that requesting mediation tolls all the
deadlines in this article other than the deadline to request a hearing within 30 days
after receiving a Notice of Recommendation or Action described above.
16.4.3 Request for Hearing
(a) The Practitioner must submit any request for hearing in writing, addressed
to the Medical Executive Committee with a copy to the Chief Executive
Officer or his/her designee. The request must be received by the Medical
Staff Administration within the deadline. The Practitioner shall state in
writing within the request his or her intentions with respect to attorney
representation.
(b) In the event the Practitioner does not request a hearing within the time
and in the manner described, the Practitioner shall be deemed to have
waived any right to a hearing and accepted the recommendation or action
involved. In such cases, the Medical Staff’s recommendation or action
shall be considered by the Governing Body at its next meeting. The
Governing Body shall give the recommendation great weight but may
exercise its independent judgment in determining whether or not to adopt
the recommendation or action.
16.4.4 Notice of Hearing and Notice of Charges
After receiving a request for hearing, the Chief of Staff will schedule the hearing
and, at least 30 days prior to the hearing, provide to the Practitioner by Special
Notice:
(a) The time, place, and date of the hearing;

(b) A list of the witnesses expected to testify at the hearing on the Medical
Executive Committee’s behalf, and
To take advantage of the immunity under the Health Care Quality

Improvement Act, this should be included in the Notice of Hearing.
(c) The reasons for the final proposed action taken or recommended,
including the acts or omissions with which the Practitioner is charged.
This notice shall include a list of patient records (if applicable), and
information supporting the recommendation. The notice may be
supplemented or amended at any time, including during the hearing, so
long as the additional material is relevant to the recommendation or the
Practitioner’s qualifications and the Practitioner has had a sufficient
opportunity (at a minimum, 30 days) to review and respond to this
additional material. No prior notice is required if the amendment removes
any reasons for the final proposed action taken or recommended,
including any of the acts or omissions identified.
This is an optional, but useful, provision.
16.4.5 Commencement of Hearing
The hearing shall begin no later than 60 days, and no sooner than 30 days, after
receipt of the Practitioner’s request for the hearing, and be completed within a
reasonable time, unless the Hearing Officer issues a written decision finding that
the Practitioner failed to comply with the document and witness list exchanges in a
timely manner, or consented to the delay. The parties may agree in writing to set
an alternative hearing date outside of this time frame, or the Hearing Officer may
set an alternative hearing date upon a motion from either party or upon the
Hearing Officer’s own motion. A hearing is deemed to have commenced at the
beginning of the voir dire of the Hearing Officer.
This 60-day outer-limit is required by Business and Professions Code Section 809.2. In
practice, it is difficult to achieve.
The Business and Professions Code does not provide guidance as to what constitutes
the beginning of a hearing; this is proposed to provide guidance.
16.5 Appointment of Trier of Fact and Hearing Officer
16.5.1 Trier of Fact
Medical Staff Bylaws generally refer to a “hearing committee” or “judicial review

committee.” As the law and practice of hearings has evolved, these terms no longer
encompass the variety of fact-finders available in this process. Therefore, we refer to
these committees and the arbitrator as the “triers of fact,” which is the term used in
Business and Professions Code Section 809.2 and is a more efficient way of referencing
these bodies throughout this article.

In its sole discretion, the Medical Executive Committee shall select either a Judicial
Review Committee, a Dedicated Review Panel, or an Arbitrator to serve as the trier
of fact (the “Trier of Fact”) at the hearing. The Medical Executive Committee shall
inform the Practitioner of its decision at least thirty days prior to the hearing. The
Trier of Fact shall have such powers as are necessary to discharge its responsibilities.
(a) Judicial Review Committee
(i) When the Medical Executive Committee elects to use a Judicial

Review Committee as the Trier of Fact, the Chief of Staff shall
appoint its members. Such appointment shall include designation
of the Chair. A Hearing Officer who is not a Judicial Review
Committee member shall preside over the hearing. The Judicial
Review Committee shall carry out all the duties assigned to the
Trier of Fact.
See further discussion regarding Hearing Officers, below.
(ii) The Judicial Review Committee shall be composed of at least

three members of the Medical Staff who are in good standing and
of good ethics. More than three members can be appointed to
the Judicial Review Committee; in such cases, the hearing may
continue if any Judicial Review Committee member resigns or is
removed from the panel as long as at least three committee
members remain. Preference shall be given to Active Staff
members, but the Chief of Staff may appoint members from any
staff category. If it is not feasible to appoint Medical Staff
members, the Chief of Staff may appoint Practitioners who are
not Medical Staff members. The Judicial Review Committee
members shall gain no direct financial benefit from the outcome
of the hearing, shall not be in direct economic competition with
the Practitioner, and shall not have acted as accusers,
investigators, fact finders, initial decision makers, or otherwise
actively participated in the consideration of the matter leading up
to the recommendation or action. Knowledge of the matter
involved shall not preclude a Medical Staff member from serving
as a member of the Judicial Review Committee.
This language is the equivalent of appointing one or more alternates

but gives all Judicial Review Committee members equal ability to
deliberate and vote. In other words, no member believes him or
herself to be superfluous to the process.
(iii) The Judicial Review Committee shall include at least one member
who shall have the same healing arts licensure as the Practitioner
and, where feasible, shall include an individual practicing the
same specialty as the Practitioner. The failure to include an

individual practicing the same specialty as the Practitioner shall
not be grounds to invalidate the outcome of the hearing.
16.5.2 Dedicated Hearing Panel
A “Dedicated Hearing Panel” is a relatively new concept. Traditionally, hearings have

been held before panels made up of volunteers from the Medical Staff. Although this
keeps the hearing peer-focused, it often results in delays and longer proceedings,
arising from the difficulty of scheduling members who generally can only sit on the
committee in the evenings, and who may have call or other professional or personal
requirements. The Dedicated Hearing Panel addresses these concerns by contracting
with committee members to attend the hearings during consecutive days, much like a
courtroom proceeding. This allows the hearing to be completed much more efficiently
and quickly, generally benefiting both the Medical Staff and the Practitioner. There is
an added financial cost to the Medical Staff, but that is often made up for in the
efficiencies of the process.
(a) When the Medical Executive Committee elects to use a Dedicated Hearing
Panel as the Trier of Fact, the Chief of Staff shall appoint its members.
Such appointment shall include designation of the Chair. A Hearing
Officer who is not a Dedicated Hearing Panel member shall preside over
the hearing. The Dedicated Hearing Panel shall carry out all the duties
assigned to the Trier of Fact.
See further discussion regarding Hearing Officers, below.
(b) Dedicated Hearing Panel members must be willing to commit six or more
hours per day on consecutive days, with the exception of weekends and
holidays (unless otherwise stipulated by the parties) for the purpose of
hearing evidence, engaging in deliberations, and reaching a decision.
(c) The Dedicated Hearing Panel must be comprised of at least three

Practitioners. More than three members can be appointed to the
Dedicated Hearing Panel; in such cases, the hearing may continue if any
Dedicated Hearing Panel member resigns or is removed from the panel, as
long as at least three committee members remain. The Dedicated Hearing
Panel members need not be members of the Medical Staff but must be of
good reputation and must either currently be practicing in their discipline
or have practiced in their discipline within the last two years. The
Dedicated Hearing Panel shall include at least one member who shall have
the same healing arts licensure as the Practitioner and, where feasible, shall
include an individual practicing the same specialty as the Practitioner.
This language is the equivalent of appointing one or more alternates but gives
all Judicial Review Committee members equal ability to deliberate and vote. In
other words, no member believes him or herself to be superfluous to the
process. All of this is optional but provides guidance as to who qualifies to sit
on the panel.

(d) The Dedicated Hearing Panel members shall gain no direct financial
benefit from the outcome of the hearing, shall not be in direct economic
competition with the Practitioner, and shall not have acted as accusers,
investigators, fact finders, initial decision makers or otherwise actively
participated in the consideration of the matter leading up to the
recommendation or action. Knowledge of the matter involved shall not
preclude anyone from serving as a member of the Dedicated Hearing
Panel.
16.5.3 Arbitrator
(a) When the Medical Executive Committee elects to use an arbitrator as the
Trier of Fact, the Medical Executive Committee and the Practitioner may
stipulate to the arbitrator who shall serve, subject to voir dire. Otherwise,
the arbitrator shall be selected using the process detailed in this article. By
applying for and/or accepting membership or privileges on this Medical
Staff, the Practitioner agrees this process is acceptable. The arbitrator shall
meet the same qualifications as the Hearing Officer, as detailed in this
article. The arbitrator shall carry out all the duties assigned to the Hearing
Officer and to the Trier of Fact. If an arbitrator is appointed, no additional
Trier of Fact or Hearing Officer shall be appointed, and all references in
these Bylaws to the Trier of Fact or Hearing Officer duties and
responsibilities shall be read as the arbitrator’s duties and responsibilities.
The arbitrator shall be selected as follows:
Business and Professions Code Section 809.2 provides that if the hearing is
held before an arbitrator, the arbitrator must be “selected by a process
mutually acceptable to the” Practitioner and Medical Staff. Settling on a
“mutually acceptable process” can, in contentious hearings, be time-
consuming and result in delay. This model suggests inserting a “mutually
acceptable” process in the Bylaws, to which the Practitioner must agree if he
or she chooses to apply to and practice at the Hospital. This approach,
however, has not yet been adjudicated or approved by California courts.
This (the arbitrator shall meet the same qualifications as the Hearing Officer)
is optional but is more likely to result in an arbitrator with sufficient
knowledge and experience with Medical Staff law.
(i) Within 21 days of requesting a hearing, the Practitioner must

send to the Medical Executive Committee a list of at least three
attorneys whom he or she would accept as Arbitrator. If the
Practitioner fails to provide a list, then the Medical Executive
Committee shall initiate the Arbitrator selection process as if it
had rejected the Practitioner’s list of nominees as provided
below.
(ii) The Medical Executive Committee may select the Arbitrator

from the Practitioner’s list. If the Medical Executive Committee

does not accept any of the Arbitrator nominees identified by the
Practitioner, the Medical Executive Committee must provide the
Practitioner a written list of at least three potential Arbitrators
within 10 days after rejection of the Practitioner’s list.
(iii) The Practitioner shall have 10 days from his/her receipt of the
Medical Executive Committee’s list to select an Arbitrator from
the list. If the Practitioner fails to either select an Arbitrator or to
reject all the names on the list within that time, then the Medical
Executive Committee may select any person on its list as the
Arbitrator.
(iv) If the Practitioner timely rejects the Medical Executive

Committee’s list, then the Practitioner and the Medical Executive
Committee shall each designate one name from their respective
lists. The persons designated shall, within five days, select an
Arbitrator who shall be appointed subject to voir dire. If the
persons designated fail to select an Arbitrator timely, the process
shall be repeated with other names selected from the parties’
respective lists until an Arbitrator is selected.
(v) If, for any reason, the person so identified is not available, cannot
otherwise serve, or, after voir dire, is unacceptable to both the
Medical Executive Committee and the Practitioner, the same
process set forth in this section will be followed until an
Arbitrator is selected and agrees to serve.
(b) If the failure or refusal of the Practitioner to agree to an Arbitrator makes

it impracticable to commence the hearing within the time frames set forth
above, the time for commencement of the hearing shall be extended to
thirty days after an Arbitrator is selected.
(c) Nothing in the above sections shall be construed as limiting the ability of
the Practitioner and Medical Executive Committee to select an arbitrator
through a different mutually acceptable process.
16.5.4 Payment and Confidentiality of Patient Information
Payment of panel members is not required and, with regard to Judicial Review
Committee members, is controversial. Some Medical Staffs contend that such service
should be voluntary as part of Medical Staff “citizenship.” However, hearings can
become complicated and time-consuming, and both fairness and expediency support
allowing such payments in order to help assure the panel will remain dedicated to the
process until its conclusion.
Payment of physicians may have Stark and anti-kickback implications; hospitals

should carefully review any payment arrangements to assure compliance.

Additionally, California case law regarding the payment of triers of fact is
evolving. Two cases, Haas v. County of San Bernardino (2002) 27 Cal.4th 1017 and
Yaqub v. Salinas Valley Memorial Healthcare System (2004) 122 Cal.App.4th 474,
together suggested that the possibility that a trier of fact might benefit from future
engagements by the medical staff could raise the “appearance of bias,” which
would disqualify the triers of fact from serving. However, a recently published Court
of Appeal decision (Natarajan v. Dignity Health (Cal. Ct. App., Oct. 22, 2019, No.
C085906) 2019 WL 5387284)) rejected this line of reasoning for privately owned
hospitals, at least when it comes to the selection of hearing officers. (Note: At the
time this Model was released, the window of time during which the parties in
Natarajan could request review by the California Supreme Court was still open;
therefore, it is possible that review might be requested and granted, and a
California Supreme Court decision could at some point supersede the Court of
Appeal decision.)
Because Natarajan addresses the payment of hearing officers, not triers of fact,
Hospitals and Medical Staffs should discuss with their counsel whether safeguards
against the appearance of bias are necessary whenever the Medical Staff
unilaterally selects and compensates the trier of fact. Such safeguards could
include, for example, requiring trier of fact members to agree that they will not
accept appointment as a paid trier of fact member for the Medical Staff for at
least three years following the conclusion of the current hearing and appeal
process.
Publicly owned hospitals have different responsibilities than privately-owned

hospitals, and publicly owned hospitals should discuss with counsel their
responsibilities under Hass and Yaqub. Publicly owned hospitals may want to
adopt the waiting period described above in order to avoid the appearance of
bias.
(a) Triers of Fact may be paid by the Hospital, by the Medical Staff, or their
fees split between the parties. The Medical Staff will refer all such payment
arrangements to the Hospital to ensure legal compliance.
(b) Any Trier of Fact who is not a Medical Staff member shall be required to
sign a business associate agreement with the Hospital before serving.
16.5.5 The Hearing Officer
Hearing officers are optional under Business and Professions Code Section 809, and
Medical Staffs can instead appoint a “presiding officer” from the hearing committee.
However, given that hearings have become very legalistic under California law, our
position is that Medical Staffs should always appoint a hearing officer (unless using an
arbitrator) to act as the presiding officer. Moreover, hearing officers should be familiar
with Medical Staff law and hearings. This model provides guidance regarding hearing
officer qualifications.
(a) The Medical Executive Committee shall appoint a Hearing Officer to

preside at the hearing before a judicial review committee or a dedicated

hearing panel. The Hearing Officer shall be an attorney at law qualified to
preside over a quasi-judicial hearing, but attorneys from a firm regularly
utilized by the Hospital, the Medical Staff, or the Practitioner for legal
advice regarding their affairs and activities shall not be eligible to serve as
Hearing Officer. The Hearing Officer shall gain no direct financial benefit
from the outcome, shall not be in direct economic competition with the
Practitioner, and must not act as a prosecuting officer or as an advocate.
As required by Business and Professions Code Section 809.2(b).
(b) The Medical Executive Committee will attempt to appoint a Hearing

Officer that is acceptable to the Practitioner. In the event that the Medical
Executive Committee and the member cannot agree on the Hearing
Officer, the Medical Executive Committee may unilaterally appoint a
Hearing Officer who meets the Hearing Officer qualifications described in
these Bylaws.
The California Society for Healthcare Attorneys maintains a list of qualified

hearing officers. Hospitals and Medical Staffs should always independently vet
the qualifications of the any hearing officer before engagement; however, this
list is a good place to start.
Notably, California case law regarding the payment of Hearing Officers is

evolving. Two cases, Haas v. County of San Bernardino (2002) 27 Cal.4th 1017
and Yaqub v. Salinas Valley Memorial Healthcare System (2004) 122
Cal.App.4th 474, together suggested that the possibility that a Hearing Officer
might benefit from future engagements by the medical staff could raise the
“appearance of bias,” which would disqualify the Hearing Officer from
serving. However, a recently published Court of Appeal decision (Natarajan v.
Dignity Health (Cal. Ct. App., Oct. 22, 2019, No. C085906) 2019 WL 5387284))
rejected this line of reasoning for privately owned hospitals. (Note: At the time
this Model was released, the window of time during which the parties in
Natarajan could request review by the California Supreme Court was still
open; therefore, it is possible that review might be requested and granted,
and a California Supreme Court decision could at some point supersede the
Court of Appeal decision.)
Publicly owned hospitals have different responsibilities than privately-owned

hospitals, and publicly owned hospitals should discuss with counsel their
responsibilities under Hass and Yaqub. Publicly owned hospitals may want to
adopt the waiting period described above in order to avoid the appearance of
bias.
(c) The Hearing Officer shall endeavor to assure that all participants in the
hearing have a reasonable opportunity to be heard and to present relevant
oral and documentary evidence in an efficient and expeditious manner,
and that proper decorum is maintained. The Hearing Officer shall be
entitled to determine the order of, and procedure for, presenting evidence

and argument during the hearing and shall have the authority and
discretion to make all rulings on questions which pertain to matters of law,
procedure, or the admissibility of evidence. These rulings shall be
consistent with legal authority and the provisions of this Article.
(d) When no attorney accompanies a party to the proceedings, the Hearing

Officer shall have the authority to interpose and rule on appropriate
objections throughout the course of the hearing. The Hearing Officer shall
not, however, have the authority to override or revise the Representation
section of this Article.
(e) If the Hearing Officer determines that either side in a hearing is not
proceeding in an efficient and expeditious manner, the Hearing Officer
may take such discretionary action as warranted by the circumstances,
including, but not limited to, limiting the scope of examination and cross-
examination and setting fair and reasonable time limits on either side’s
presentation of its case.
(f) The Hearing Officer may participate in the deliberations of the committee
and be a legal advisor to it, but the Hearing Officer shall not be entitled to
vote. The Hearing Officer may assist in preparation of the Trier of Fact’s
report and recommendations.
16.5.6 Voir Dire
The Practitioner and the Medical Executive Committee shall be entitled to a

reasonable opportunity to question and challenge the impartiality of Trier of Fact
members and the Hearing Officer. Challenges to the impartiality of any Trier of
Fact member or the Hearing Officer shall be ruled on by the Hearing Officer.
Although it may appear odd for the Hearing Officer to rule on his or her own
impartiality, Business and Professions Code Section 809.2(c) specifically provides this.
16.6 Prehearing Process
16.6.1 General Procedures:
The pre-hearing and hearing processes shall be conducted in an informal manner

that is consistent with Business and Professions Code Section 809 et seq. Formal
rules of evidence or procedure shall not apply.
16.6.2 Witness List
(a) If either side to the hearing requests in writing a list of witnesses, then at
least 10 days before the hearing the parties shall exchange lists of witnesses
expected to testify. The list shall include a brief description of the
subject(s) about which the witness is expected to testify. The failure to
disclose the identity of a witness at least 10 days before the

commencement of the hearing shall constitute good cause for a
continuance.
(b) The witness list of either party may be amended or supplemented any time
during the course of the hearing. If an addition of a witness to the list
occurs after the commencement of the hearing, this shall be good cause
for a 10-day continuance prior to the introduction of the additional
witness’s testimony.
This may cause disruption if the hearing is scheduled to occur on consecutive

days; however, Business and Professions Code Section 809.2(f) provides that
the failure to disclose the identity of a witness at least 10 days before the
commencement of the hearing is good cause for a continuance.
(c) If the hearing officer allows evidence to be presented on rebuttal, the

hearing officer may, in his or her authority to promote an efficient and fair
process, find that witnesses who were not previously on the witness list
may be presented on rebuttal without requiring 10 days advance notice.
As noted above, the failure to disclose the identity of a witness at least 10

days before the hearing is good cause for a continuance; however, it often is
hard to predict who may need to be called as a rebuttal witness. This
provision allows the hearing officer the option of determining that the witness
may be called without a continuance.
It is unclear whether the provision in Business and Professions Code Section

809.2(f) that failing to identify a witness is “good cause” for a continuance
would permit the hearing officer to exercise his or her discretion not to grant a
continuance for rebuttal witnesses.
16.6.3 Provision of Relevant Information
(a) Each party shall have the right to inspect and copy, at its own expense,
any documentary information or other evidence relevant to the charges
which the other party has in its possession or under its control, as soon as
practicable after the party’s request for inspection. The requests for
discovery shall be fulfilled as soon as practicable. The failure by either
party to provide access to this information at least 30 days before the
hearing shall constitute good cause for a continuance. The right to inspect
and copy by either party does not extend to confidential information
referring solely to individually identifiable Practitioners or AHPs, other
than the Practitioner under review.
(b) The Hearing Officer shall consider and rule upon any dispute or
controversy concerning a request for access to information and may
impose any safeguards for the protection of the peer review process and as
justice requires. When ruling upon requests for access to information and

determining its relevancy, the Hearing Officer shall consider, among other
factors, the following:
(i) Whether the information sought may be introduced to support

or defend the charges.
(ii) The exculpatory or inculpatory nature of the information sought,

if any; i.e., whether there is a reasonable probability that the result
of the hearing would be influenced significantly by the
information if received into evidence.
(iii) The burden imposed on the party in possession of the

information sought, if access is granted.
(iv) Any previous requests for access to information submitted or

resisted by the parties to the same proceeding.
(c) As a condition of membership, the Practitioner agrees that all documents

and information disclosed at any time during the peer review process,
including information disclosed as part of the hearing process, will be
maintained as confidential and will not be disclosed or used for any purpose
outside of the hearing. Any inappropriate use by the Practitioner of
information disclosed by the Medical Executive Committee during the
hearing shall be grounds for the Trier of Fact to find that the Practitioner
has committed flagrant or repeated noncompliance with this Article in a
manner that prejudices the other party and constitutes a waiver of hearing
rights, leading to a termination of the hearing in the Medical Staff’s favor. It
also shall be grounds for additional corrective action against the Practitioner.
This provision is optional. Practitioners may have incentives to use peer review
information received during this process in other proceedings (such as civil
court proceedings), or to disclose information publicly. This provision makes
doing so grounds to terminate the hearing in the Medical Staff’s favor. Such a
consequence has not been evaluated by California courts, and Hospitals
should consult with counsel before requesting this remedy during a hearing.
(d) Prior to receiving any documents, the Practitioner must provide a written
representation that his or her counsel or other representative and any
experts expected to testify have executed any agreements necessary to
protect Protected Health Information contained in any documents
provided.
Although Medical Staffs may share confidential patient information with its
members as part of peer review, it cannot directly share that information with
the Practitioner’s counsel. Practitioners should share that information only if
they have a HIPAA-compliant Business Associate Agreement with their
attorneys.

(e) No party will have any right to discovery beyond the above information.
Civil discovery provisions shall not apply. No confidential information will
be provided regarding other Practitioners or Allied Health Staff.
(f) At the request of either party, the parties must exchange all documents
and other evidence that will be introduced at the hearing. The documents
must be exchanged at least 10 days prior to the hearing. A failure to
comply with this rule shall constitute good cause for a continuance.
(g) Before a Practitioner, or any person acting on the Practitioner’s behalf,

may contact any Hospital employee, Medical Staff member, or Allied
Health Staff member whose name is on the Medical Executive
Committee’s witness list or other document exchanged during the pre-
hearing process, the Practitioner must: (i) notify the Chief of Staff in
writing of his or her intent to contact the individual, (ii) agree in writing to
respect any decision by the individual not to discuss the matter with the
Practitioner or the Practitioner’s representative, and (iii) not contact the
individual until seven days after the Medical Executive Committee (or, in
the case of a Hospital employee, the Medical Executive Committee and a
representative of the Human Resources department jointly) sends the
potential witness a letter informing him or her that any decision to, or not
to, discuss the matter with Practitioner is voluntary and will not impact the
individual’s employment or member status. The Medical Executive
Committee will send that letter to the individual, with a copy to the
Practitioner, within seven days after receiving the required notice and
written agreement from the Practitioner. If the Practitioner behaves in a
manner that may be considered harassing to the witness, that shall be
grounds for the Trier of Fact to find that the Practitioner has committed
flagrant or repeated noncompliance with this Article in a manner that
prejudices the other party and the Hearing Officer or the Trier of Fact
may take appropriate action, up to and including action pursuant to the
Conduct of Hearing Section.
This provision is optional and should be further discussed before adoption.

Hospitals and Medical Staffs may also want to consult legal counsel before
adopting. The provision is intended to protect potential witnesses from
harassment but should not be used to interfere with a Practitioner’s
preparation for a hearing.
16.6.4 Pre-Hearing Conference
This is optional but is useful to have procedural matters addressed prior to the hearing
itself.
(a) The Practitioner and the Medical Executive Committee shall exercise
reasonable diligence in notifying the Hearing Officer of any pending or
anticipated procedural disputes as far in advance of the scheduled hearing

as possible, so that decisions concerning such matters may be made in
advance of the hearing.
(b) The Hearing Officer may require the Practitioner and the Medical
Executive Committee (or a representative of each) to participate in a pre-
hearing conference, which the parties and Hearing Officer shall endeavor
to hold no later than two days prior to the hearing.
(c) At the pre-hearing conference, the Hearing Officer will attempt to resolve
all procedural questions, including any objections to exhibits or witnesses.
(d) Objections to any prehearing decisions may be succinctly made at the

hearing, typically outside of the presence of the Trier of Fact, and shall be
preserved for consideration in any appellate review proceeding.
16.6.5 Stipulations
The parties will use their best efforts to develop and agree upon stipulations to
provide for a more efficient hearing.
16.7 The Hearing
16.7.1 Representation
The hearings provided for in these Bylaws are for the purpose of intra-
professional resolution of matters bearing on professional conduct, professional
competency, or character, including failure to comply with the Bylaws or Rules
and Regulations of the Medical Staff. Accordingly, the Practitioner is entitled to
representation at the hearing as follows:
(a) The Practitioner and the Medical Executive Committee may stipulate to
allow greater participation by attorneys in the hearing than the provisions
below describe. Otherwise, the provisions below will control.
(b) If the Practitioner wishes to be accompanied at the hearing by an attorney,

he/she shall give notice of such intent in the written Request for Hearing.
If the Practitioner changes his or her mind regarding attorney
representation at the hearing, he or she must notify the Medical Executive
Committee of this change as soon as possible. If the notification occurs
within 30 days prior to the start of the hearing, or after the start of the
hearing, this shall be good cause for the Medical Executive Committee to
be granted a continuance and the Hearing Officer shall, upon request
from the Medical Executive Committee, grant the Medical Executive
Committee a continuance.
(c) The Medical Executive Committee representative shall not be

accompanied by an attorney at the hearing if the Practitioner is not
accompanied by an attorney. However, regardless of whether the
Practitioner elects to have attorney representation at the hearing, each

party has the right to engage legal counsel to assist in preparing for a
hearing or an appellate review.
(d) Attorneys for either party may accompany their clients in the hearing
sessions in order to represent and advise their clients. Attorneys shall not
examine witnesses, shall not address the Trier of Fact, and shall not make
oral statements in the hearing.
This subsection 16.7.1(d) should not be adopted by publicly-owned hospitals.
For those hospitals that are not publicly owned, this is a purely optional
provision. California law does not require attorney representation (much less
participation) at hearings. However, the Health Care Quality Improvement Act
provides (among other things) immunity from liability to professional review
bodies and certain individuals for taking professional review actions if the
hospital complies with certain statutory provisions.
Among those provisions is the requirement to provide adequate notice and

hearing to a Practitioner who is subject to a professional review action. A
health care entity can be deemed to meet the notice and hearing
requirements if the hearing includes certain provisions described in the
statute, including the right to representation by an attorney or other person of
the physician’s choice. However, the 9th Circuit Court of Appeal decision in
Smith v. Ricks, 31 F.3d 1478 (1994), provides that an attorney need only be
present at the hearings to meet the HCQIA standard. Importantly, failing to
adopt the notice and hearing details described in the statute does not, itself,
constitute a failure to provide adequate notice and hearing.
Before adopting this provision, hospitals and Medical Staffs should consult
with legal counsel.
(e) Whether or not attorneys are present in the hearing pursuant to this
Article, the Practitioner and the Medical Executive Committee may be
represented at the hearing by a Practitioner licensed to practice medicine,
podiatry, dentistry, or psychology in the State of California, who is not
also an attorney at law.
(f) The Hearing Officer shall not allow the presence of attorneys at the
hearing to be disruptive or cause a delay in the hearing process.
16.7.2 Burdens of Presenting Evidence and Proof
(a) At the hearing, the Medical Executive Committee shall have the initial
duty to present evidence in support of its action or recommendation.
(b) An initial applicant shall bear the burden of persuading the Trier of Fact,
by a preponderance of the evidence, of the applicant’s qualifications by
producing information which allows for adequate evaluation and
resolution of reasonable doubts concerning the applicant’s current

qualifications for membership and privileges. An applicant shall not be
permitted to introduce information not produced upon request of the
Medical Staff during the application process, unless the initial applicant
establishes that the information could not have been produced previously
in the exercise of reasonable diligence.
(c) Except as provided above for initial applicants, the Medical Executive
Committee shall bear the burden of persuading the Trier of Fact by a
preponderance of the evidence that its action or recommendation is
reasonable and warranted. In meeting this burden, the Medical Executive
Committee shall not be limited to presenting only that information
available to it at the time it imposed or recommended the action, but
rather may present any relevant information (within the limits discussed
elsewhere in this article) available to it at the time of the hearing.
Medical Staff Bylaws should not limit the Medical Executive Committee’s case
to only that information known to it at the time it made the recommendation.
The standard in Business and Professions Code Section 809.3 is whether “the
action or recommendation is reasonable and warranted,” (emphasis added)
not whether it was reasonable and warranted. This is consistent with the
patient protection goals of peer review – it is perverse to have a standard that
would limit the Medical Executive Committee’s ability to rely on information
that demonstrates that the Practitioner may pose a threat to patients simply
because it was discovered after the Medical Executive Committee made its
recommendation.
(d) The Medical Executive Committee is not required to prove each and every
charge or issue in front of the Trier of Fact in order for its actions and/or
recommendations to be found reasonable and warranted.
This optional statement provides guidance to the Trier of Fact.
(e) “Reasonable and warranted” means within the range of alternatives

reasonably open to the Medical Executive Committee under the
circumstances, and not necessarily that the action or recommendation is
the only measure or the best measure that can be taken or formulated in
the Trier of Fact’s opinion.
16.7.3 Record of Hearing
A court reporter shall make a record of the hearing proceedings and, if deemed
appropriate by the Hearing Officer, the pre-hearing proceedings. The cost of the
court reporter shall be borne by the Hospital, but the cost of the transcript, if any,
shall be borne by the requesting party. The Practitioner is entitled to receive a copy
of the transcript upon paying the reasonable cost for preparing the record. The
Hearing Officer may, but shall not be required to, order that oral evidence shall be
taken only on oath administered by any person lawfully authorized to administer
such oath.

16.7.4 Rights of Both Sides at the Hearing
(a) At a hearing, both sides will have the following rights, subject to
reasonable limits determined by the Hearing Officer:
(i) To call and examine witnesses, to the extent they are available
and willing to testify;
(ii) To introduce exhibits;
(iii) To cross-examine any witness on any matter relevant to the

issues;
(iv) To receive all information made available to the Trier of Fact;

and
(v) To submit a written argument that may include proposed

findings, conclusions and recommendations to the Trier of Fact
after the conclusion of the hearing sessions.
(b) If the Practitioner does not testify, he or she may be called by the Medical
Executive Committee or the Trier of Fact, or both, and questioned as if
the Practitioner was under cross examination.
16.7.5 Conduct of Hearing
(a) The Trier of Fact may question witnesses, request the presence of
additional witnesses, and/or request documentary evidence, all of which
must occur during the hearing sessions, subject to objections by either
party, which shall be resolved by the Hearing Officer.
Optional provision.
(b) Upon motion of either party or the Hearing Officer, the Trier of Fact may
terminate the hearing if it finds that either party has:
In Mileikowski v. West Hills Hospital and Medical Center et al., 45 Cal. 4th
1259 (2009), the California Supreme Court determined that a hearing officer
may not unilaterally terminate a hearing, because such a decision is
tantamount to a decision on the merits, which should only be made by the
hearing committee.
(i) Exhibited flagrant or repeated noncompliance with this Article in

a manner that prejudices the other party or results in repeated
delays to the hearing process,
(ii) Egregiously interfered with the orderly conduct of the hearing, or
(iii) Failed to appear at the hearing.

(c) If the motion to terminate is based on the Practitioner’s failure to appear
at the hearing, the Trier of Fact shall find that the Practitioner has waived
his or her hearing rights if he or she has failed to appear at the hearing,
unless the Practitioner can prove that an unforeseen and unanticipated
emergency prevented him or her from attending.
(d) A finding that the termination results from the Practitioner’s

noncompliance or egregious conduct shall result in a finding that the
Practitioner has waived his or her right to a hearing.
(e) The Hearing Officer shall be permitted to advise the Trier of Fact
regarding his or her recommendation regarding the disposition of the
motion. Evidence of, or a finding that, a party intended to prejudice the
other party, delay the hearing process, or interfere with the orderly
conduct of the hearing is not necessary to support or grant the motion to
terminate the hearing.
(f) The party against whom the terminating sanctions have been ordered may
appeal the terminating order to the Governing Body. The appeal must be
requested within 10 days of the terminating order, and the scope of the
appeal shall be limited to reviewing the appropriateness of the terminating
order. The appeal procedure shall be in accordance with the appeal
provisions of this Article. If the Governing Body, using its independent
judgment but giving great weight to the Trier of Fact’s determination,
finds that the order to terminate the hearing is unwarranted, the Trier of
Fact shall reconvene and resume the hearing.
16.7.6 Admissibility of Evidence
(a) Except as provided below, judicial rules of evidence and procedure

relevant to the conduct of the hearing, examination of witnesses, and
presentation of evidence shall not apply to a hearing conducted under this
Article. Except as provided in this Article, any relevant evidence, including
hearsay, shall be admitted if it is the sort of evidence on which responsible
persons are accustomed to rely in the conduct of serious affairs, regardless
of the admissibility of such evidence in a court of law.
(b) Notwithstanding the above, (1) the attorney-client privilege and the
privilege for confidential marital communications shall apply during the
hearing; (2) the physician-patient privilege and the psychotherapist-patient
privilege shall apply during the hearing, but only if the Practitioner is the
patient; and (3) evidence of mediation, compromise, or offers of
settlement, as well as any conduct or statements made in negotiation
thereof, is inadmissible to prove either parties’ opinion regarding the
strength or weakness of evidence supporting the corrective actions or
recommendations. Communications that confirm that mediation or
settlement discussions were mutually accepted and pursued may be
disclosed and admitted as proof that otherwise applicable time frames

were tolled or waived or to demonstrate the good faith of the parties in
their attempts to resolve the matter.
In the case of Smith v. Selma Community Hospital, 164 Cal.App. 4th 1478
(2008), the Court of Appeal found (among other things) that evidence
regarding settlement discussions was admissible due to the broad rules of
admissibility found in that Medical Staff’s Bylaws. This is addressed here by
allowing such discussions to be admissible in very narrow circumstances, and
not to reflect on the strength of either party’s case.
16.7.7 Presence of Trier of Fact
All the members of the Trier of Fact must be present throughout the hearing and
deliberations unless both parties agree that any one member need not attend a
particular hearing session or committee meeting. In unusual circumstances when a
Trier of Fact member must be absent from any part of the proceedings, he or she
shall not be permitted to participate in the deliberations or the decision unless and
until he or she confirms that he or she has read the entire transcript of the portion
of the hearing from which he or she was absent.
Medical Staffs should rarely agree to allow a Trier of Fact member to be absent from a
hearing session, especially as the Medical Staff generally has the burden of proof and
benefits from putting on its case directly to the Trier of Fact.
16.7.8 Failure to Appear
Under no circumstances shall the hearing be conducted without the presence of

the Practitioner. Failure without good cause of the Practitioner to personally
attend and proceed at such a hearing shall be deemed to constitute voluntary
acceptance of the recommendations or actions involved.
16.7.9 Postponements and Extensions
Postponements and extensions of time may be requested by either party, the Trier
of Fact, or the Hearing Officer, but will be permitted only upon either stipulation
by both parties, or by the Hearing Officer on a showing of good cause. Extensions
of time necessary to appoint the Trier of Fact or Hearing Officer shall be deemed
good cause so long as both parties are proceeding in good faith.
16.8 Hearing Conclusion, Deliberations, and Decision
Within 30 days after final adjournment of the hearing, or 15 days if the

Practitioner is currently under summary suspension, the Trier of Fact shall render
a decision which shall be accompanied by a written report; this decision and report
shall be delivered to the Medical Executive Committee, the Chief Executive
Officer or his/her designee, and by Special Notice to the Practitioner. The report
and decision shall include the Trier of Fact’s findings of fact and a conclusion
articulating the connection between the evidence produced at the hearing and the
decision reached. Unless the hearing was before an arbitrator, the final decision of

the Trier of Fact must be sustained by a majority vote of the committee. Both the
Practitioner and the Medical Executive Committee shall be provided a written
explanation of the procedure for appealing the decision. The decision of the Trier
of Fact shall be subject to the rights of appeal or review as described in these
Bylaws.
16.9 Appeal Procedure
Under Health and Safety Code Section 32150 et seq., district hospitals are required to provide
an appellate review process. TJC Standard MS.10.01.01, EP 5, also requires accredited hospitals
to provide a mechanism to appeal adverse decisions. For non-district, non-TJC accredited
hospitals, this is optional but recommended.
16.9.1 Time for Appeal
Within 30 days after receiving the decision of the Trier of Fact, either the
Practitioner or the Medical Executive Committee may request an appellate review.
The appealing party shall submit a written statement concisely stating the specific
grounds for appeal. The written request shall be delivered to the Chief of Staff, the
Chief Executive Officer, and the other party. If appellate review is not requested
within such period, the Trier of Fact’s decision shall thereupon become the final
recommendation of the Medical Staff. The Governing Body shall consider the
decision within 70 days and shall give it great weight.
16.9.2 Grounds for Appeal
The grounds for appeal shall be limited to:
(a) Substantial non-compliance with the procedures required by these Bylaws

or applicable law which has created demonstrable prejudice.
(b) The decision was arbitrary, capricious, or unsupported by credible

evidence.
16.9.3 Time, Place and Notice
If an appellate review is to be conducted, the Appeal Board, within 30 days after

receiving a request for appeal, shall schedule a review date and cause each side to
be given notice (with Special Notice to the Practitioner) of the time, place, and
date of the appellate review. The appellate review shall commence within 60 days
from the date such notice is provided; however, when a request for appellate
review concerns a member who is under suspension which is then in effect, the
appellate review should commence within 45 days from the date the request for
appellate review was received. The time for appellate review may be extended by
the Appeal Board for good cause.

16.9.4 Appeal Board
(a) The Governing Body may sit as the Appeal Board, or it may appoint an
Appeal Board which shall be composed of not less than three members of
the Governing Body.
(b) Knowledge of the matter involved shall not preclude any person from
serving as a member of the Appeal Board so long as that person did not
take part in a prior hearing, investigation, or recommendation on the same
matter.
(c) The Appeal Board may engage an attorney to advise it in the proceeding.
If an attorney is selected, and if the Appeal Board so chooses, he or she
may act as a presiding officer and shall have the authority, subject to the
direction of the Appeal Board, to issue rulings on any procedural matter
that arises during the appeal process, as well as any other authority granted
by the Appeal Board. Alternatively, the Appeal Board may appoint a
hearing officer to preside over the hearing, with the authority to rule on
any procedural matter that arises during the appeal process, as well as any
other authority granted by the Appeal Board. Regardless of whether the
Appeal Board engages an attorney as an advisor or as a hearing officer,
that attorney shall not be entitled to vote with respect to the appeal.
The role of an attorney advisor and the role of a Hearing Officer (such as one
engaged for the Trier of Fact hearing) are different. If the Hospital engages an
attorney to advise the Appeal Board, communications between the attorney
and the Appeal Board should be subject to the attorney-client privilege.
However, some Hospitals choose not to engage external counsel as a legal

advisor, but rather prefer to engage an attorney as a hearing officer instead.
(d) The Appeal Board shall have such powers as are necessary to discharge its
responsibilities.
16.9.5 Appeal Procedure
(a) The proceeding by the Appeal Board shall, at the discretion of the Appeal
Board, either be a de novo hearing or an appellate hearing based upon the
record before the Trier of Fact.
(b) If the proceeding is an appellate hearing based on the record before the
Trier of Fact, the Appeal Board may accept additional oral or written
evidence, subject to a foundational showing that such evidence could not
have been made available during the hearing in the exercise of reasonable
diligence and subject to the same rights of cross-examination or
confrontation provided at the hearing. Alternatively, the Appeal Board
may remand the matter to the Trier of Fact for the taking of further
evidence and for decision.

(c) Each party shall have the right to present a written statement in support of
the party’s position on appeal. The appellate Hearing Officer may establish
reasonable time frames for the appealing party to submit a written
statement and for the responding party to respond. Each party has the
right to personally appear and make oral argument. The Appeal Board
may then, at a time convenient to itself, deliberate outside the presence of
the parties.
(d) Each party shall have the right to be represented by legal counsel or any
other representative designated by that party in connection with the
appeal.
16.9.6 Decision
(a) Within 30 days after the adjournment of the appellate review proceeding,
the Appeal Board shall render a final decision in writing. Final
adjournment shall not occur until the Appeal Board has completed its
deliberations.
(b) The Appeal Board may affirm, modify, or reverse the decision, or it may
remand the matter for further review by the Trier of Fact or any other
body designated by the Appeal Board. If the Appeal Board remands the
matter back to the Trier of Fact, it will provide direction to the Trier of
Fact for its further consideration and shall set a deadline for the Trier of
Fact to complete its further review.
(c) The Appeal Board shall give great weight to the Trier of Fact decision and
shall not act arbitrarily or capriciously. The Appeal Board may, however,
exercise its independent judgment in determining whether a Practitioner
was afforded a fair hearing and whether the Trier of Fact’s decision is
reasonable and warranted. The Appeal Board’s decision shall specify the
reasons for the action taken and provide findings of fact and conclusions
articulating the connection between the evidence produced at the hearing
and the appeal (if any), and the decision reached, if such reasons, findings,
and conclusions differ from those of the Trier of Fact.
(d) The Appeal Board shall forward copies of its decision to each party.
(e) If the Governing Body sat as the Appeal Board, the Appeal Board’s
decision shall be deemed the Governing Body’s final decision. If a
committee sat as the Appeal Board, then it shall submit its decision to the
Governing Body for final action. The Governing Body shall adopt the
Appeal Board’s decision as its own, which shall become the Governing
Body’s final decision, unless the Governing Body, on its own motion and
exercising its independent judgment, finds that the Practitioner was not
afforded a fair hearing in compliance with these Bylaws. In such cases, the
matter will be referred back to the Trier of Fact for further proceedings.

(f) The final decision of the Governing Body shall be effective immediately
and shall not be subject to further review.
16.10 Additional Provisions
16.10.1 Right to One Hearing and One Appeal Only
Except in circumstances where a new hearing is ordered by the Governing Body

or a court, no Practitioner shall be entitled to more than one evidentiary hearing
and one appellate review on any particular adverse action or recommendation, or
on any matter that has resulted in an adverse action or recommendation.
16.10.2 Exhaustion of Remedies
If an adverse action is taken or recommended, the Practitioner must exhaust the

administrative remedies afforded by these Bylaws before resorting to legal action.
16.11 Joint Hearing
Hospitals and other health care entities, such as medical groups, often “share” Practitioners. It
is not uncommon that more than one health care entity will take action against a shared
Practitioner at the same time, especially if the entities are System Members. In such cases,
these entities may find that having a single, joint hearing, rather than separate hearings,
results in greater efficiencies and better decision-making. Practitioners also can benefit from
this arrangement, as it limits the cost of participating in multiple hearings.
Joint hearing provisions like this one, however, have not been scrutinized by California courts. It
is unclear how a court would rule if they were ever challenged. Therefore, these provisions
include “safeguards” designed to improve their likelihood of being upheld, including (a) a joint
hearing is held only if the Practitioner agrees to it; and (b) the agreed upon hearing procedures
must be compliant with Business and Professions Code Section 809 et seq., and with the Health
Care Quality Improvement Act.
16.11.1 General Provisions
(a) If (1) the Hospital has an information sharing agreement with another
health care entity(ies), as provided in the Rules, (2) the Hospital or Medical
Staff takes adverse action or makes an adverse recommendation against a
member on the same or similar grounds as an adverse action or adverse
recommendation undertaken by that other health care entity(ies), and (3)
such adverse action or adverse recommendation provides hearing rights to
the member at both the Hospital and the other health care entity(ies), then
the Hospital’s Medical Executive Committee, the other health care
entity(ies), and the Practitioner may agree to hold a single, joint hearing
process to address the actions and recommendations at the Hospital and
the other health care entity(ies) (“Joint Hearing Process”). If the
Practitioner does not agree to the Joint Hearing Process, a Joint Hearing
Process will not be held and the Hospital and the other health care

entity(ies) will hold individual hearings pursuant to their own Bylaws or
policies.
Not all health care entities have or are “peer review bodies” under California
law. Therefore, they may not be able to take advantage of the same discovery
or immunity protections that apply to peer review bodies. Before entering into
sharing agreements, and especially before participating in joint hearings as
provided under this section, Hospitals should take into account how this
process may impact the security of their own confidential peer review
information.
(b) To the extent that any of the hearing provisions, including the Joint
Hearing Process provisions, in the Hospital Medical Staff Bylaws and the
other health care entity(ies)’s Bylaws or policies differ, the Medical
Executive Committees and the other health care entity(ies) shall jointly
determine which entity’s hearing provisions shall govern the Joint Hearing
Process. At the very least, the agreed upon provisions must comply with
the hearing procedures found in California Business & Professions Code
Section 809 et seq., and with the Health Care Quality Improvement Act.
In the event the Medical Executive Committee and other health care
entity(ies) are unable to agree on which Bylaws’ hearing procedures,
including the Joint Hearing Process procedures, will apply to the hearing,
then no Joint Hearing Process will be held and the Hospital and the other
health care entity(ies) will hold individual hearings pursuant to their own
Bylaws or policies.
(c) If a Joint Hearing Process is held, it shall commence at such time as the
parties agree in writing to have a single, joint hearing.
(d) Notwithstanding which hearing provisions are agreed upon, if a hearing

conducted as part of the Joint Hearing Process is held before a Judicial
Review Committee, the Judicial Review Committee shall have at least one
participating and voting member from this Medical Staff and at least one
participating and voting member from the each of the other health care
entity(ies).
16.11.2 Independent Rights
(a) The Hospital and each of the other health care entity(ies) shall be
considered separate parties in the Joint Hearing Process and may be
separately represented in a manner permitted by the hearing provisions
selected for the Joint Hearing Process.
(b) The Hospital and the other health care entity(ies) each independently shall
have the rights and responsibilities granted to parties in these proceedings,
including, but not limited to, the rights to voir dire potential panel
members and hearing officers, to call and cross examine witnesses, and to
make arguments before the Trier of Fact.

(c) The Hospital and the other health care entity(ies), in their own discretion,
may agree to be jointly represented by a single representative.
16.11.3 Separate Appellate Rights
The Joint Hearing Process does not, and is not intended to, include any appeals or
appeal rights relating to the decision of the Trier of Fact. Notwithstanding the
preceding sentence, in instances in which a Joint Hearing Process is held, the
Hospital and the other health care entity(ies)’s governing bodies may elect, in their
sole and absolute discretion, to hold any appellate oral arguments in joint session.
16.11.4 Compliance With Applicable Law and Regulation
(a) If a Joint Hearing Process is held, the Hospital and the other health care
entity(ies) will take appropriate actions to confirm compliance with state
and federal laws and regulations governing the privacy and security of
personal protected health information.
Each time a Medical Staff opts to use a Joint Hearing Process, it should review
the patient confidentiality (including HIPAA and CMIA) implications and take
appropriate actions to ensure compliance.
(b) A Joint Hearing Process (and appellate oral arguments held in joint
session, if any) shall be deemed to satisfy all procedural requirements
pursuant to Business & Professions Code Section 809 et. seq., as to both
the Hospital and the other health care entity(ies).
Again, it is our position that a joint hearing does meet these requirements;
however, this has not yet been tested in court.

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All rights reserved. First edition 1980.

California Hospital Association

Published by the California Hospital Association.

Liz Mekjavich, Vice President, Publishing and Education

© CALIFORNIA HOSPITAL ASSOCIATION MODEL MEDICAL STAFF BYLAWS 1

DIVISION 1: MEDICAL STAFF STRUCTURE .................................................................. 10

ARTICLE 1 INTRODUCTION ......................................................................................... 10

ARTICLE 2 OFFICERS, MEMBERS AT LARGE, AND CHIEF MEDICAL

© CALIFORNIA HOSPITAL ASSOCIATION MODEL MEDICAL STAFF BYLAWS 2

ARTICLE 4 COMMITTEES ............................................................................................... 40

ARTICLE 5 MEETINGS AND VOTING .......................................................................... 48

© CALIFORNIA HOSPITAL ASSOCIATION MODEL MEDICAL STAFF BYLAWS 3

ARTICLE 7 DUES AND ADDITIONAL PROVISIONS .................................................. 61

DIVISION 2: MEMBERSHIP AND PRIVILEGES ............................................................ 63

ARTICLE 8 MEMBERSHIP QUALIFICATIONS AND RESPONSIBILITES .............. 63

© CALIFORNIA HOSPITAL ASSOCIATION MODEL MEDICAL STAFF BYLAWS 4

ARTICLE 10 PROCEDURES FOR APPOINTMENT AND REAPPOINTMENT ......... 86

© CALIFORNIA HOSPITAL ASSOCIATION MODEL MEDICAL STAFF BYLAWS 5

ARTICLE 12 LEAVES OF ABSENCE AND RESIGNATION ..........................................115

DIVISION 3: QUALITY AND PEER REVIEW .................................................................117

ARTICLE 13 PRACTITIONER PERFORMANCE EVALUATIONS ..............................117

© CALIFORNIA HOSPITAL ASSOCIATION MODEL MEDICAL STAFF BYLAWS 6

ARTICLE 15 CORRECTIVE ACTION ............................................................................. 127

© CALIFORNIA HOSPITAL ASSOCIATION MODEL MEDICAL STAFF BYLAWS 7

© CALIFORNIA HOSPITAL ASSOCIATION MODEL MEDICAL STAFF BYLAWS 8

© CALIFORNIA HOSPITAL ASSOCIATION MODEL MEDICAL STAFF BYLAWS 9

DIVISION 1: MEDICAL STAFF STRUCTURE

1.2 Organization and Purpose

1.3.1 ADVERSE ACTION and ADVERSE RECOMMENDATION mean actions

© CALIFORNIA HOSPITAL ASSOCIATION MODEL MEDICAL STAFF BYLAWS 10

1.3.3 ADVANCED PRACTICE PROFESSIONAL (“APP”) means an Allied Health

1.3.4 ALLIED HEALTH PRACTITIONER (“AHP”) means a health care

© CALIFORNIA HOSPITAL ASSOCIATION MODEL MEDICAL STAFF BYLAWS 11

Because Advanced Practice Professionals practice at a medical level of care, they

1.3.6 CHIEF MEDICAL OFFICER or VICE PRESIDENT OF MEDICAL

1.3.8 CLINICAL PRIVILEGES or PRIVILEGES means the permission granted by

© CALIFORNIA HOSPITAL ASSOCIATION MODEL MEDICAL STAFF BYLAWS 12

This definition of “completed application” limits the conclusion that an application is

1.3.10 CONFLICT OF INTEREST means a personal or financial interest or conflicting

1.3.11 DAYS means calendar days, unless otherwise indicated.

1.3.12 DISTANT SITE HOSPITAL means a Medicare-certified hospital where a

1.3.14 EX OFFICIO means service by virtue of office or position held. An ex officio

1.3.15 GOVERNING BODY means the [board of directors], [board of trustees],

© CALIFORNIA HOSPITAL ASSOCIATION MODEL MEDICAL STAFF BYLAWS 13

This definition is a new concept. It is generally common throughout Bylaws to include

1.3.18 IN GOOD STANDING means a member currently meets all membership

Notwithstanding the above, for the purposes of complying with applicable

© CALIFORNIA HOSPITAL ASSOCIATION MODEL MEDICAL STAFF BYLAWS 14

1.3.20 MEDICAL EXECUTIVE COMMITTEE means the executive committee of the

1.3.27 PATIENT CONTACT means any provision of medical care by a Practitioner to

© CALIFORNIA HOSPITAL ASSOCIATION MODEL MEDICAL STAFF BYLAWS 15

1.3.28 POLICIES AND PROCEDURES means those documents adopted as Medical

1.3.29 PRACTITIONER means a physician, podiatrist, dentist, or [clinical

© CALIFORNIA HOSPITAL ASSOCIATION MODEL MEDICAL STAFF BYLAWS 16

1.3.33 SYSTEM MEMBER means a facility or entity (such as an affiliated hospital,

1.3.35 TELEMEDICINE means that subset of Telehealth services delivered to Hospital