WSMA Policy: Hospitals: Corporate Practice of Medicine Doctrine

The WSMA supports the clarification of the “Corporate Practice of Medicine” Doctrine in such a way as to:

1. Preserve independent clinical decision-making;
2. Provide protection to physicians who bring to light quality of care concerns arising out of an employment situation;
3. Prohibit non-compete clauses in physician-hospital employment contracts;
4. Require that hospitals and employed physicians be insured for professional negligence separately and that physicians be allowed to select their own carrier;
5. Require that medical staff and clinical privileges be considered separately from employment considerations;
6. That physicians be allowed to own hospitals and ambulatory care centers; and,
7. That closed medical staff policies be prohibited within any hospital facility in Washington State; assuming the provider meets that hospital’s medical staff requirements.

(EC Rpt I, A-94) (Reaffirmed A-23)

The WSMA support a regular anonymous survey of Washington physicians and physician assistants on issues including, but not limited to, job conditions, quality of patient care, job satisfaction, interference with “standard of care” practice of medicine by unlicensed individuals or entities, and whether not-for-cause employment terminations (or the threat thereof) are witnessed, and survey results will be publicly available. (C-9, A-21)

The WSMA will advocate for introduction of legislation in the 2022 legislative session increasing accountability for nonprofit hospitals and health care service corporations, that addresses the following components: 1. Department of Health will survey licensed health professionals on the quality of care within their institutions 2. Defense against interference with the practice of medicine by unlicensed individuals.  (C-5, A-21)

Return to the WSMA Policy Compendium index

Abbreviations for House of Delegates report origination:

EC – Executive Committee; BT – Board of Trustees; CPA – Council on Professional Affairs; JC – Judicial Council; CHS – Community and Health Services