AMERICAN COLLEGE OF EMERGENCY PHYSICIANS

							PLEASE NOTE: THIS RESOLUTION WILL BE DEBATED AT THE 2011 COUNCIL MEETING. RESOLUTIONS ARE NOT
      OFFICIAL UNTIL ADOPTED BY THE COUNCIL AND THE BOARD OF DIRECTORS (AS APPLICABLE).




         RESOLUTION:             32(11)

         SUBMITTED BY:           Carol Cunningham, MD, FACEP
                                 John Pakiela, DO, FACEP

         SUBJECT:                Inappropriate Utilization of ACEP Credentials to Further Corporate Business Practices

         PURPOSE:                Adopt a policy prohibiting members of the ACEP Board of Directors from profiting from
                                 their ACEP positions by using them for business purposes that are not related to
                                 furthering the business of the College.

     1            WHEREAS, The Mission of the American College of Emergency Physicians (ACEP) is to support
     2   quality emergency medical care and to promote the interests of emergency physicians; and
     3
     4           WHEREAS, The elected members of the ACEP Board of Directors are duty bound to support the Mission
     5   and to act in the best interest of the physician membership; and
     6
     7           WHEREAS, A member of the Board of Directors of the ACEP may also be employed as an administrator
     8   or regional director for a large contract management corporation which is owned and controlled by non-
     9   physicians; and
    10
    11           WHEREAS, Such an arrangement may lead to a conflict between the interest of the administrator or
    12   regional director of the corporation and the interests of ACEP; and
    13
    14          WHEREAS, Such a conflict may prove detrimental to the members of ACEP who are not members of the
    15   Board of Directors; and
    16
    17            WHEREAS, Positions on the ACEP Board of Directors may be used by the administrator or regional
    18   director of a corporation as prima-facie evidence of quality or expertise in emergency medicine offered or
    19   marketed by the corporation or employees of the corporation; therefore be it
    20
    21            RESOLVED, That ACEP adopt a policy that members of the Board of Directors shall not utilize their
    22   ACEP positions for the purpose of or during the process of conducting corporate business except as necessary to
    23   further the business of the College.


         Background

         This resolution asks the College to adopt a policy prohibiting members of the ACEP Board of Directors from
         profiting from their ACEP positions by using them for business purposes that are not related to furthering the
         business of the College.

         ACEP’s “Conflict of Interest” policy was revised and approved by the ACEP Board of Directors in June 2011. It
         states, in pertinent part, that ACEP Board members, Council officers and other key ACEP leaders “…should not
         use their role or position for their own personal interest or that of any other organization or entity.”

         Board members and Council officers are singled out for prohibited activities due to their ACEP leadership
         positions in the policy statement, “College Board Member and Officer Expert Testimony:”
Resolution 32(11) Inappropriate Utilization of ACEP Credentials
Page 2

        “Board members and Council officers of the American College of Emergency Physicians (ACEP)
        shall not provide expert testimony in professional liability litigation during his or her term in office.
        Leadership positions in ACEP will not be used as prima-facie evidence of expertise in emergency
        medicine. Alleged violations of this policy will be addressed through the “Procedures for
        Addressing Charges of Ethical Violations and Other Misconduct.”

Issues to be considered in prohibiting Board members from using their ACEP positions in “conducting corporate
business” include:

    1. Definition of “corporate business.” Is a Board member prohibited from including their ACEP leadership
       position in competing for grants, fellowships, or consulting work that may benefit their employer or
       institution?;
    2. The chilling effect that such a prohibition could have on potential candidates for ACEP Board positions,
       particularly in light of the fact that Board positions may last from three to ten years; and
    3. Should such a policy be limited only to Board members or should it include other key ACEP leaders such
       as Council officers and committee, section and task force chairs?

If adopted, the enforcement mechanisms for this policy include the filing of a complaint pursuant to ACEP’s
“Procedures for Addressing Charges of Ethical Violations and Other Misconduct,” the provisions for removal of
an ACEP Board member pursuant to the ACEP Bylaws Article IX – Board of Directors, Section 4 - Removal, or
removal of certain officers pursuant to the ACEP Bylaws Article X – Officers/Executive Director, Section 3 -
Removal.

ACEP Strategic Plan Reference

None

Fiscal Impact

None, other than costs that may result from complaints alleging violations of this policy and requesting
disciplinary action or removal of a Board member. The cost to ACEP of processing an ethics complaint is
typically in the range of $5,000-$10,000.

Prior Council Action

None

Prior Board Action

June 2011, revised and approved the policy statement, “Conflict of Interest.”


Background Information Prepared By: Cal Chaney, JD, CAE, General Counsel/Policy Associate
                                    Executive Director

Reviewed by: Arlo F. Weltge, MD, FACEP, Speaker
             Marco Coppola, DO, FACEP, Vice Speaker
             Dean Wilkerson, JD, MBA, CAE, Council Secretary and Executive Director