University of Washington School of Dentistry Faculty Practice Plan by jqj67390

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									                          University of Washington School of Dentistry
                                      Faculty Practice Plan

1.       Mission Statement.

         1.1      School of Dentistry Mission Statement.

        The School of Dentistry shares the University’s overall mission to generate, disseminate,
and preserve knowledge, and serve the community. The School is an integral part of the
Warren G. Magnuson Health Sciences Center, and is an oral health care center of excellence
serving the people of the State of Washington and the Pacific Northwest. Through its exemplary
educational, research, and service programs, the School prepares students to be competent oral
health care professionals. Its research programs contribute to the understanding of basic biologic
processes and behavioral, biomedical, and clinical aspects of oral health. The School values and
seeks diversity in its students, staff, faculty, and patient populations. It fosters an environment of
mutual respect where objectivity, imaginative inquiry, and the free exchange of ideas can
flourish to facilitate personal development, professionalism, and a strong sense of self-worth.

         1.2      School of Dentistry Patient Care System.

         The mission of the patient care system in the School of Dentistry is to create a patient-
centered care system that nurtures a positive, professional relationship between the patient and
the health care providers of the School. The patient care system in the School of Dentistry seeks
to deliver treatment to patients who desire care and whose needs are within the scope of the
educational, research, and service programs of the School; to educate competent clinicians
prepared to successfully enter the dental profession; and to provide a healthy work environment
for all employees. As part of the School of Dentistry, the Faculty Practice shares this mission.

         1.3      Objectives of the Faculty Practice Plan.

       The Faculty Practice Plan promotes the mission of the School of Dentistry by enhancing
the School’s educational, research, and service programs. The key objectives of the Faculty
Practice Plan are to:

                  (i)      Attract and retain highly skilled clinician scholars to the faculty of the
                           School of Dentistry;
                  (ii)     Retain a competent faculty and allow faculty to nurture their clinical
                           skills;
                  (iii)    Provide opportunities for integration of patient care and clinical
                           instruction; and
                  (iv)     Facilitate clinical research.

The primary activities of the Faculty Practice Plan are to provide diagnostic, treatment and
consultative services to patients, to teach students, and to conduct clinical research.



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         1.4      Faculty Practice Plan Members, Practitioners, and Practice Sites.

       Faculty Practice Plan services are provided by faculty of the School of Dentistry admitted
as Members as further described in this Faculty Practice Plan, as well as by other faculty and
licensed providers (“Practitioners”) who practice in Practice Sites of the Plan. Practice Sites for
Members and Practitioners include sites owned or managed by, or affiliated with, the University.
Practice Sites are designated by the Dean, with the advice of the Board of the Faculty Practice
Plan (“Board”), as sites of practice and/or for research and teaching.

2.       Members; Practitioners.

         2.1      Members.

      Members of the Faculty Practice Plan shall be those who are eligible for membership and
approved for membership as provided in this Faculty Practice Plan.

         2.2       Member Eligibility.

         To be eligible as a Member, an individual must:

                  (i)      Hold a 50% or greater appointment as a member of the faculty of the
                           School of Dentistry;
                  (ii)     Be licensed in the State of Washington to practice dentistry, medicine, or
                           psychology, or licensed in a health care profession of benefit to the
                           Faculty Practice Plan;
                  (iii)    Be credentialed and in compliance with the ongoing credentialing
                           requirements of the School of Dentistry; and
                  (iv)     Be actively engaged in the practice of his or her licensed profession at a
                           Practice Site of the Faculty Practice Plan.

         2.3      Obligations of Members.

       Members shall not practice their licensed profession except at the School of Dentistry and
Practice Sites of the Plan. Members may participate in continuing education, provide expert
testimony, and similar kinds of consulting with prior approval as required by the policies of the
University. Each Member shall practice in accordance with the Policies and Procedures of the
Faculty Practice Plan as defined in this Faculty Practice Plan, applicable laws and regulations,
and ethical standards. Each Member shall execute a provider agreement whereby the Member
will:

                  (i)      Accept Membership in the Faculty Practice Plan as an employee;
                  (ii)     Covenant to provide professional services in accordance with professional
                           standards and to comply with the provisions of this Faculty Practice Plan
                           and the Policies and Procedures of the Plan as defined in Section 8 of this
                           Plan, applicable laws and regulations, and ethical standards;




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                  (iii)    Assign all rights to payment for professional services provided by the
                           Member to the Faculty Practice Plan; and
                  (iv)     Covenant not to practice outside the School of Dentistry and Practice Sites
                           designated under the Faculty Practice Plan.

         2.4      Admission to Membership.

       (a)    Members who meet the eligibility requirements and execute a provider agreement
shall be accepted to the Faculty Practice Plan subject to the approval of the Chair of the
Department in which the Member shall practice and of the Dean.

        (b)     In the case of a Member whose faculty appointment may be in a Department other
than the School of Dentistry Department managing the Practice Site in which the Member shall
practice, the express prior approval of the Chairs of both such Departments and the Dean shall be
required with regard to the schedule of practice and other matters pertinent to the Member’s
practice. Any Departmental Fund contribution attributable to the Member’s practice will be
returned to the Department in which the Member holds his or her primary faculty appointment.
Under certain circumstances, Departmental Funds may be attributed to the Department where the
Member practices.

         2.5      Rights of Members.

        A Member shall have the right to participate in the election of the Board of the Faculty
Practice Plan as provided in this Faculty Practice Plan and to receive compensation as provided
in this Plan. All Members may initiate a dispute resolution procedure as provided in this Faculty
Practice Plan without limitation of any other right or remedy the Member may have pursuant to
the Faculty Code of the University of Washington, the Policies and Procedures of the Faculty
Practice Plan, and applicable laws.

         2.6      Practitioners.

         (a)      Practitioners.

       There are two types of practitioners—those who practice in the practice sites of the Plan
but do not receive Plan compensation, and those who are compensated for work in the Plan (as
described below).

       Faculty of the School who choose not to become Members, whether due to maintenance
of an outside practice or otherwise, may practice in the Practice Sites of the Plan as Practitioners.
As provided in Section 7, these faculty Practitioners shall not receive additional compensation
for such services.

        Other individuals with skills, credentials, and experience relevant to the education,
research, teaching or service mission of the School of Dentistry, and specifically to the Faculty
Practice Plan, may be employed to practice in the Faculty Practice Plan subject to the approval of
the Chair of the Department in which the individual has his or her primary appointment, or the
department where he or she will practice, and of the Dean. These Practitioners include, for


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instance, dentists, retired faculty, and dental hygienists. No individual shall have a right to
continuing employment to provide services in the Plan by virtue of being a Practitioner in the
Plan.

         (b)      Approval, Eligibility, and Obligations of Practitioners.

         All licensed professional persons practicing in the Faculty Practice Plan shall meet such
eligibility requirements, including appropriate licensure and credentialing, as shall be specified
by the Chair of the Department in which the individual has his or her primary appointment, or
the department where he or she will practice, and approved by the Dean. Each Practitioner shall
practice in accordance with the Policies and Procedures of the Faculty Practice Plan, and
applicable laws and regulations.

        Each Practitioner shall execute a provider agreement whereby the Practitioner shall
accept employment and agree to provide services in accordance with professional standards, to
comply with the Policies and Procedures of the Faculty Practice Plan, applicable laws and
regulations, and ethical standards, and assign the right to payment for services to the Faculty
Practice Plan.

3.       Board of Faculty Practice Plan.

         3.1      Authority of the Dean; Board of Faculty Practice Plan.

        (a)     The Dean of the School of Dentistry has and retains responsibility and authority
with regard to the Faculty Practice Plan. The authority of the Dean, where referred to in this
Plan, includes without limitation the authority to review, to approve or withhold approval of
policies and other matters acted upon by the Board of the Faculty Practice Plan, and the authority
to enact or take action with regard to the Plan and its operations.

        (b)     The Board of the Faculty Practice Plan shall be constituted from Members
actively practicing in the Faculty Practice Plan. The Board will formulate policy and advise the
Dean in connection with the Plan. The Board shall have a direct reporting relationship to the
Dean of the School of Dentistry. In instances where substantive issues are presented by the
Board to the Dean for approval and such approval is denied or limited, the Dean shall explain
such denial or limited approval to the Board.

         3.2      Board Membership.

         (a)      The members of the Board of the Faculty Practice Plan shall be as follows:

                  (i)      A Member or Members shall be elected from each Department that has a
                           Member whose faculty appointment is in that Department and who is
                           practicing in the Department; a Department may elect as few or as many
                           Board members as the Department Chair designates to represent Practice
                           Sites or distinct professional specialists practicing in the Department and




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                           in the Plan; the Chair of a Department shall not change the designation of
                           representatives except at the end of a term of a Board member.
                  (ii)     The Dean’s Designate to the Board shall be an individual designated by
                           the Dean with responsibility for the clinical operations of the School.

The elected Board members shall each serve for a term of three (3) years, provided that the initial
terms of the members of the elected Board shall be determined by lot to be terms of one, two and
three years, in equal numbers to effect a staggering of terms for elected positions. Department
Chairs who are Members of the Faculty Practice Plan may be elected to serve on the Board.

       (b)     The Director of Finance and Administration of the School of Dentistry shall also
attend meetings of the Board. Department Chairs who are not members of the Board may attend
meetings of the Board of the Faculty Practice Plan.

         3.3      Election; Selection of Board.

        Each Department shall elect its representative or representatives to the Board from among
its Faculty Practice Plan Members. Each Department shall elect a replacement Board member
upon expiration of the term of any of the Department’s elected members. There are no term
limits. The Dean’s Designate shall serve ex officio on the Board (that is, by virtue of the
appointment to the position) and shall cease to be a Board member upon leaving such position.
In the event of a vacancy in a position of an elected member, the Department shall elect a
replacement to serve for the duration of the individual’s term.

         3.4      Duties of Board of Faculty Practice Plan.

         The duties of the Board shall include without limitation:

         (i)    Annually to formulate, review, and recommend budgets for the Faculty Practice
                Plan;
         (ii)   To monitor plan operating results, including financial results, service measures,
                and other pertinent information about the quality and efficiency of care;
         (iii)  To review and recommend necessary operating, clinical, billing, and compliance
                policies for the Plan;
         (iv)   To review and recommend policies related to charges for services of Members
                and Practitioners and contracts for services with payors;
         (v)    Periodically, to review and recommend changes and/or enhancements to the
                location and array of services offered by Members and Practitioners, and the
                location of Practice Sites, that best serve the mission of the Plan;
         (vi)   To develop, recommend, and periodically update a long-range plan for the
                Faculty Practice Plan;
         (vii) To review and make recommendations upon proposed policies and procedures,
                decisions and other matters referred to the Board by the Dean;
         (viii) To review and make recommendations on policies for the staffing and
                management of the Faculty Practice Plan including overhead allocated to the
                Faculty Practice Plan;



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         (ix)   To hear and decide, or to appoint a committee of Board members to hear and
                decide, such matters as may be referred to the Board as part of a dispute
                resolution provided in this Faculty Practice Plan or the Policies and Procedures of
                the Plan;
         (x)    To recommend engagement of consultants, including legal auditors and
                accounting consultants, to advise or provide services concerning the operation and
                financial results of operation of the Plan; it is understood that the expenses of
                recommended engagements may be incurred as a Plan Expense, unless agreed to
                otherwise by the Dean.
         (xi)   To recommend amendments, revisions, or other changes to the provisions of this
                Plan;
         (xii) To report to Members and Practitioners concerning the work of the Board and the
                operation of the Plan; and
         (xiii) To refer matters pertinent to the Plan to an advisory vote of Members and/or
                Practitioners, as the Board may determine.

         3.5      Manner of Acting; Voting.

        (a)    In matters requiring or appropriate for action by the Board, the Board shall act by
a majority vote of its voting members at a meeting at which a quorum is present. If a
Department has more than one elected member of the Board, the Board members from that
Department, with its Chair, will determine the voting member, who may change at the end of the
term of such Board member. Irrespective of the number of elected Board members from any one
Department, each Department shall have only one voting member on the Board. The voting
member may not be changed from meeting to meeting for Departments with more than one
Board member. The Dean’s Designate shall not vote. Attendees, including the Director of
Finance and Administration of the School of Dentistry and Department Chairs (not otherwise
elected as a voting member of the Board), shall not vote.

     (b)      A quorum shall consist of attendance in person by at least two-thirds of the voting
members of the Board (including the Chair of the Board).

        (c)    A voting Board member shall not attend Board meetings by proxy or vote by
proxy on Board matters. Board members may attend Board meetings by conference telephone or
similar device that permits all attendees to hear and participate in the discussion.

      (d)    For Board operations consistent with the express provisions of this Plan, the
Board may adopt resolutions, bylaws or other procedures.

         3.6      Meetings of the Board; Notice.

        The Board shall fix a schedule of regular meetings to be held no less frequently than
quarterly. The meeting held in the third quarter of the calendar year shall be an annual meeting
for the election of the Board Chair and seating of newly-elected Board members. Special
meetings of the Board may be called by the Chair of the Board, at the request of at least three
members of the Board, or by the Dean’s Designate. At least ten (10) business days’ notice of



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regular meetings and at least three (3) business days’ notice of special meetings shall be sent to
each Board member and to the Department Chairs. Notice shall be distributed by mail and/or
electronic means as the Board shall direct. All meetings shall be open to Members and
Practitioners unless specifically designated as closed by a vote of the Board.

         3.7      Board Chair.

       The Board shall elect from its voting members a Chair of the Board, and if desired a Vice
Chair, who shall serve in the absence of the Chair, both for a term of one (1) year. The position
of Chair and Vice Chair are not subject to term limits. The Chair shall preside over Board
meetings.

         3.8      Steering Committee; Board Committees.

        The Board Chair, or the Board by vote, may establish standing or ad hoc committees of
the Board, including a Steering Committee of the Board, as necessary or appropriate to
determine the agenda of the meetings of the Board, to review issues and develop policies before
the Board, or to take action on issues requiring decision between meetings of the full Board. The
Board Chair, or the Board by vote, may reorganize, terminate, or add to Board committees from
time to time.

         3.9      Removal of Members of the Board.

         Members of the Board may be removed as a Board member prior to the end of the Board
member’s term by a majority vote of the Members, with or without cause. “Cause” may include
failure to attend Board meeting or failure to communicate with Members.

         3.10     Minutes.

        The Board shall keep minutes of the meetings of the Board and related committees, such
as the Steering Committee and other ad hoc committees, and may designate a recording secretary
to do so from among its members or Plan Staff. Minutes of all such meetings shall be available
for review by Members of the Plan and faculty, except as required for maintenance of
confidentiality of health care records, employment records, quality improvement/peer review
activities, if any, and similar confidential matters.

         3.11     Indemnification.

      Members serving on the Board of the Faculty Practice Plan shall be entitled to
indemnification against liability to the extent provided in the University of Washington
Handbook, Volume I, Chapter 5.




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4.       Management of the Faculty Practice.

         4.1      General.

       The Department Chairs and the Plan Staff of the Faculty Practice Plan are responsible for
the management of the day-to-day operation of the Faculty Practice Plan. Practice Sites are
managed by the responsible Department or, in the case of Practice Sites outside the School of
Dentistry, by staff of the particular site.

         4.2      Department Chairs.

        The Department Chairs shall have the same responsibility for implementing, maintaining,
and evaluating their departmental faculty practice as they have for the other clinical services, and
the instructional and research programs of their Departments. A Department Chair may delegate
administration of the Faculty Practice Plan to other Members of the Plan in his or her
Department, but the Chair retains responsibility for leadership in all aspects of the Departmental
faculty practice. At the Dean’s request, the Board Chair shall attend meetings of the Chairs and
Associate Deans to facilitate communication with the Department Chairs about Practice Plan
matters.

         4.3      Practice Schedules.

      Practice schedules, including Practice Sites, for Members will be established by the
Member and his/her Department Chair (or as consistent with Section 2.4 with Chairs), and with
approval of the Dean. Schedules shall be made considering the balance of institutional and
Member responsibilities in teaching, research, and service.

         4.4      Plan Staff.

        Administrative and clinical staff (“Plan Staff”) of the Faculty Practice Plan shall include
employees in Department Practice Sites, with such responsibilities as shall be determined by the
Department Chair. Plan staff also includes School-wide staff who provide services shared by the
Practice Sites, including, without limitation, clinical services, regulatory compliance
requirements, training and accreditation requirements, accounting, administrative support,
maintenance of dental charts, computer services, equipment maintenance, handling of patient
inquiries and complaints, risk management, and collections.

         4.5      Authority to Contract.

        Contracts for the services of Members and Practitioners shall be reviewed by Chairs of
the relevant Departments and the Board for recommendation to the Dean. The Dean, or his/her
authorized representative, has the authority, subject to University procedures and policies, to
execute and to enter into contracts on behalf of the Faculty Practice Plan, including without
limitation, contracts with payors for service of Members and Practitioners. No Member shall
have authority to enter into any contract on behalf of the Plan, in his or her personal capacity, or
with regard to his or her services as part of the Faculty Practice Plan.



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         4.6      Financial Statements.

       The appropriate Plan Staff shall prepare monthly financial information reflecting the Plan
Income and Plan Expenses for review by the Department Chairs, the Dean, and the Board. The
Plan Staff shall also prepare such additional financial information or financial statements as may
be needed or requested.

5.       Facilities for Faculty Practice.

         5.1      Practice Sites.

         The Faculty Practice Plan will provide oral health care services by Members and
Practitioners at sites and locations designated by the Dean, with the advice of the Board
(“Practice Sites”). Practice Sites have traditionally included hospital settings and outpatient
clinics, including community service clinics, some within the University of Washington, some in
clinics operated by the School of Dentistry, and some through arrangements with other
organizations. All such arrangements for Practice Sites outside the University of Washington
shall be set forth in written affiliation agreements.

         5.2      Responsibility for Practice Sites.

       The School of Dentistry is responsible for operations of the Practice Sites within the
School of Dentistry facilities, and for arrangement for the operations of Practice Sites outside the
School of Dentistry in which Members and Practitioners provide services. Practice Sites will be
operated consistent with budgets for the Faculty Practice Plan.

         5.3      Insurance.

       The University of Washington shall maintain professional liability coverage for the
services of Members and Practitioners provided as part of this Faculty Practice Plan according to
University policy.

         5.4      Patient Records.

        Patients receiving dental and other health services provided by Members and
Practitioners in the Plan are patients of the University, and the health records of such patients are
and shall remain the property of the University.

6.       Compensation for Members.

         6.1      General.

       (a)     Income to the Faculty Practice Plan (“Plan Income”) arises from collections
received for the services of Members and Practitioners net of refunds and repayments. Plan
Income shall fund compensation to Members of the Faculty Practice Plan that is additional to



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their base faculty salary compensation and is paid in recognition of the value of these services to
the instructional and research programs of the School of Dentistry. Plan Income shall also fund
Plan Expenses, compensation to Practitioners employed in the Plan, and contribute to
Departmental and Institutional Funds. Plan Income and Plan Expenses shall be calculated based
upon the accounting records maintained for the School of Dentistry and practice sites in
accordance with University financial accounting policies.

        (b)    Compensation for individual Members will usually be based upon collections for
the professional services of the Member after deduction of amounts to fund the Plan Expenses,
including the Departmental and Institutional Funds (“Plan Compensation”). Plan Compensation
terms for Members (and Practitioners) shall be established by their Department Chairs consistent
with the provisions of this Plan and the authority of the Dean. In the case of certain Members,
including, for instance, new faculty during an initial period of employment, other terms and
means of compensation may be arranged as approved by the Dean. Such arrangements may be
funded by the Departmental or Institutional Funds. Members may be paid fixed compensation
for services.

         6.2      Plan Expenses; Departmental and Institutional Funds.

       (a)    Plan Expenses that shall be funded by Plan Income include the expense of shared
Plan-wide staff and services, and other expenses, including Practice Site staff, incurred on a
Department-specific or Member-specific basis in the operation of the Plan. The Institutional and
various Departmental Funds are those established by the School of Dentistry for identified
purposes.

        (b)   The Board and the Dean shall work to effect efficient and economical policies and
arrangements for Plan Expenses consistent with high quality care. As described in Section 3.4,
the Board shall review and make recommendations concerning Plan Expenses, including
allocation methodologies applicable to Plan Expenses (as, for instance, allocations between the
School of Dentistry and the Faculty Practice Plan, and allocations between Departments).

       (c)     The Board and the Dean shall work to develop financial policies and financial
information about the results of the operation of the Plan. The School of Dentistry recognizes
that development of financial policies and financial information concerning the Plan are
important to Members and Practitioners, and to the effective use of Plan Compensation to meet
the mission of the Plan.

         6.3      Calculation of Plan Compensation to Members.

         Plan Compensation for Members shall be based upon the Plan Income attributable to the
professional services of the Member, net of an allocated share of the Plan Expenses and
contributions to the Departmental and Institutional Funds. To calculate compensation, a
deduction rate or rates as established by Departmental budgets for Plan Expenses and the
Institutional and applicable Departmental Fund shall be applied to collections of Plan Income
attributable to each Member. The deduction rates may also reflect deduction for specific
expenses attributable to the Member. Calculation of Plan Compensation may be accomplished



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on a pooled basis for Members within a Department. Payment of compensation shall be made,
subject to federal and state payroll taxes, withholding, the cost of benefits, if any, and similar
deductions.

         6.4      Payment of Plan Compensation.

       Following adoption of this Faculty Practice Plan, Plan Compensation to Members shall
be computed and paid to Members on a periodic basis (e.g., monthly) based upon Plan Income,
Plan Expenses, and Institutional and Departmental Funds contributions for the preceding period.

         6.5      Benefits.

        Benefits may be provided as part of compensation to Members pursuant to such programs
as shall be applicable to employees of the School of Dentistry from time to time.

7.       Compensation for Practitioners.

        Practitioners who are faculty shall not be entitled to compensation for services rendered
in Practice Sites that is additional to compensation otherwise receivable as a member of the
faculty. In unique educational or patient care need circumstances, the Department Chair
responsible for the Practice Site and the Dean may approve an exception for a defined, short
duration with written documentation of the reasons for the exception.

        In the case of retired faculty, dentists, and other individuals possessing skill and
experience of value to the Faculty Practice Plan who are employed to provide services as
Practitioners in the Plan, compensation for professional services in Practice Sites shall be
established by the Department Chairs respectively for the Practice Sites, subject to the approval
of the Dean and compliance with University policies and procedures.

8.       Policies and Procedures of the Faculty Practice Plan.

        The Policies and Procedures of the Faculty Practice Plan as referred to in this Plan means
the policies of the Faculty Practice Plan, and also includes the policies of the School of Dentistry
and of the University of Washington, and policies applicable to Practice Sites outside the School
of Dentistry. Such policies include without limitation, policies concerning quality of care, risk
management, credentialing, and legal compliance affecting billing and collection for services,
confidentiality and security of patient and other records, occupational health and safety,
infectious disease policies, and other policies. Members and Practitioners shall be provided such
policies as hard copy or through electronic access. Members and Practitioners are responsible
for staying informed about the Policies and Procedures of the Faculty Practice Plan. Such
Policies and Procedures may have application to the School of Dentistry and the Faculty Practice
Plan.




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9.       Dispute Resolution.

         9.1      General.

        The dispute resolution process set forth in this Section 9 of the Faculty Practice Plan shall
not be available with regard to issues or conduct which is the subject of a corrective action,
compliance policy, process for issues relating to terms of employment or compensation, or other
process pursuant to Policies and Procedures of the Faculty Practice Plan. Nor shall the provisions
of this Plan abrogate the rights a Member may have under the Faculty Code of the University
and applicable laws.

        The dispute resolution process is intended to be a vehicle to address Plan operational
issues that cannot be resolved through communication between the Member and the relevant
individuals. Members may, but shall not be required to, submit disputes and critical issues
(“Issue”) concerning operation of the Plan or the individual Member’s practice within the Plan to
an informal dispute resolution process.

         9.2      Dispute Resolution Process.

        (a)     A Member with an Issue that has not otherwise been resolved through
communication between the Member and relevant individuals may bring the Issue to the
attention of his or her Department Chair.

        (b)       A Department Chair shall make timely, good-faith efforts to consider and resolve
the Issue.

        (c)     If the Member is dissatisfied with the resolution of the Issue, or if the Department
Chair so desires, the Member or Practitioner or the Chair may request in writing consideration of
the Issue by the Board of the Faculty Practice Plan. The request shall contain all reasonable
details as necessary for the Board to consider the request.

        (d)     The Chair of the Board may undertake additional fact-finding, either personally or
through a delegated representative, and present the Issue for consideration at a meeting of the
Board. Alternatively, in consultation with the Board, the Board Chair may appoint a committee
of the Board to review the Issue. The committee shall not include a Member who has previously
participated or is currently participating in an administrative review of the Issue. The meeting to
hear the Issue shall occur no later than sixty (60) calendar days from receipt of the request by the
Board Chair.

       (e)     At the meeting to consider the Issue, the Member and the Member’s Department
Chair shall be present and have the right to speak. No outside legal counsel will be permitted at
this meeting.

       (f)    The Board, or the Board committee reviewing the Issue, shall make a
recommendation to the Dean for action, all within thirty (30) calendar days from the date of the
meeting to hear the Issue. The Board or the Board committee hearing the Issue may decide to



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abstain from making a recommendation or decision if the Issue is, or is likely to become, the
subject of legal proceedings, law enforcement, or if its resolution exceeds the authority of the
School of Dentistry and the Dean.

10.      Termination of Membership.

         10.1     Termination of Membership.

       Membership in the Plan, and the employment of the Member for services provided in the
Faculty Practice Plan, shall terminate in the following events:

                  (i)      A Member may voluntarily withdraw from membership in the Faculty
                           Practice Plan on not less than ninety (90) days’ notice.
                  (ii)     Membership shall terminate in the event of the death of the Member.
                  (iii)    Membership shall terminate in the event the Member ceases to be a
                           member of the Faculty of the School of Dentistry or fails to maintain any
                           other qualification for Membership set forth in Section 2 of this Plan, or
                           fails to perform an obligation of Membership as provided in Section 2.3.
                  (iv)     Membership shall terminate pursuant to a decision to require termination
                           of Membership at the conclusion of a corrective action or similar
                           procedure as provided in the Policies and Procedures of the Faculty
                           Practice Plan and with approval of the Dean.

         10.2     Effect of Termination.

        Upon termination of Membership, in consultation with the Department Chair, a Member
shall use reasonable efforts to transition the care of patients then receiving a course of treatment
from the Member. The Member shall be entitled to receive compensation pursuant to the terms
then in effect through the date of termination of employment. A Member shall also be entitled
to receive compensation attributable to services rendered by the Member prior to the date of
termination and collected after termination, in accordance with compensation terms in effect on
the date of termination, until 365 days following the date of termination.

11.      Amendment; Termination of Faculty Practice Plan.

         11.1     Adoption of Plan; Review.

       This Plan shall be effective July 1, 2005. Following the first anniversary of the effective
date of this Plan, the Board of the Plan shall solicit comment from Members and Practitioners
and consider any recommendations for amendment or revision of the Plan to promote the
mission and purposes of the Plan.

         11.2     Transition; Corrective Action Plan.

        The provisions of the predecessor Faculty Practice Plan under “Loss of Membership
Privileges,” attached as Appendix A to this Plan, shall remain in effect as a part of this Plan until



{1408.00048/MM516515.DOC, Ver. 1}              Page 13 of 19
the adoption of alternative policies and procedures dealing with the conduct described in these
provisions of the predecessor plan. It is anticipated that such a policy may be developed for
general application to the School of Dentistry. The Board shall have an opportunity to review
and make recommendations concerning these policies and procedures prior to adoption.

         11.3     Amendment; Approval of Amendments.

       (a)     Amendments to the Faculty Practice Plan may be initiated and recommended by
the Board for adoption by the Dean at any time. This Faculty Practice Plan may also be
amended by action of the Dean, subject to the prior review and recommendation of the Board of
the Faculty Practice Plan.

       (b)     Any amendments or revisions to the Plan are subject to the authority of the Dean,
the Provost, and the President of the University.

         11.4     Termination of the Faculty Practice Plan.

        The Dean may dissolve the Faculty Practice Plan at any time. Further, the Faculty
Practice Plan is subject to the governing policies of the University of Washington Board of
Regents and may be terminated by it with one year’s written notice to the School of Dentistry.
Upon termination of the Plan, compensation payable to Members shall be paid through the date
of termination of practice, and any additional compensation that may have been paid based on
collections after the date of termination of practice for services rendered before the date of
termination shall be paid pursuant to the terms of any ensuing faculty practice plan or as the
Dean, with the recommendation of the Board, may otherwise direct.

12.      Definitions.

       The following capitalized terms used in this Faculty Practice Plan are defined in the
Section of this Plan referenced below respectively:

         Board of Faculty Practice Plan or Board, reference Section 3.
         Chair, Vice Chair, reference Section 3.7.
         Dean’s Designate, reference Section 3.2.
         Departmental Fund, reference Section 6.2.
         Member, reference Section 2.
         Institutional Fund, reference Section 6.2.
         Plan Compensation, reference Section 6.1.
         Plan Expenses, reference Section 6.2.
         Plan Income, reference Section 6.1.
         Plan Staff, reference Section 4.4.
         Practice Sites, reference Section 1.4
         Practitioners, reference Section 1.4.
         Policies and Procedures, reference Section 8.




{1408.00048/MM516515.DOC, Ver. 1}            Page 14 of 19
Approved by:



_________________________________________________
Martha Somerman, Dean               Date



_________________________________________________
Phyllis Wise, Provost               Date



_________________________________________________
Mark Emmert, President              Date




{1408.00048/MM516515.DOC, Ver. 1}   Page 15 of 19
                                    Appendix A to Faculty Practice Plan
                                             School of Dentistry


        References below to the Management Committee shall mean and refer to the Board of the
Faculty Practice Plan, or to a committee of the Board to which the Board may delegate a matter
as provided in Section 3.8 of the Plan. The provisions referred to in Section 11.2 of the Plan are
as follows:

         Whenever the activities or professional conduct of any Member of the Faculty Practice
         Plan are or are reasonably probable of being lower than the standard of the Faculty
         Practice Plan, or are disruptive to the operations of the Faculty Practice Plan, or are
         detrimental to patient safety, or are no longer deemed by the Chair to be a legitimate
         adjunct to the instructional or research programs of the School, corrective action against
         the member may be requested by any member of the Faculty Practice Plan or School of
         Dentistry clinical personnel. All requests for corrective action shall be in writing, shall be
         to the Dean, and shall be supported by reference to the specific activity or conduct that
         constitutes the grounds for the request.

         When the requested action could result in suspension or revocation of membership
         privileges, the Dean shall forward such a request to the Department Chair of the
         member’s department practice. Upon receipt of such request, the Department Chair shall
         immediately transmit a copy of the same to the member against whom the corrective
         action is requested and appoint an ad hoc committee of three (3) members of the Faculty
         Practice Plan to evaluate the matter. The ad hoc committee shall be made up of members
         who have not participated in the initiation of the matter. Such evaluation shall include an
         opportunity for the member against whom corrective action has been requested to appear
         before the committee. The committee shall invite by written notice the member to appear
         before it at a given time and place to discuss, explain or refute the charges of the
         corrective action request. The proceedings of the ad hoc committee shall be informal with
         neither the affected member nor the ad hoc committee being represented by an attorney.

         Within ten (10) days following receipt of the request for corrective action, the ad hoc
         committee shall make the evaluation report to the Department Chair. Such report shall
         contain a concise statement of specific acts with which the member is charged and the
         specific grounds upon which the recommended adverse action is based, as well as
         specific recommendations regarding the request for corrective action.

         Based upon the report of the ad hoc committee, the Department Chair, within ten (10)
         days following receipt of the committee’s report, shall notify in writing both the party
         making the request and the affected member of his or her decision whether or not to
         proceed with the request for corrective action.

         The action of the Department Chair may be to reject or deny a request for corrective
         action, issue a letter of warning or a letter of reprimand, or to recommend suspension or
         revocation of membership in the Faculty Practice Plan. The issuance of a warning or a


{1408.00048/MM516515.DOC, Ver. 1}             Page 16 of 19
                                          Appendix A, continued

         letter of reprimand shall not give rise to any right to a hearing. If the corrective action
         recommended by the ad hoc committee involves suspension or revocation of membership
         privileges, the affected member shall be entitled to a full hearing before the Management
         Committee prior to the Dean taking any action on such request. Written notice of the
         right to a hearing shall be given to the affected member. The notice shall, 1) contain a
         concise statement of the specific acts or omissions with which the affected member is
         charged; 2) state that a professional review action has been proposed to be taken against
         the affected member; 3) advise the affected member of his or her right to a hearing; 4)
         specify the number of days following the date of receipt of notice within which a request
         for a hearing must be submitted by the affected member; 5) state that failure to request a
         hearing within the specified time period shall constitute a waiver of the right to a hearing
         and to an appellate review of the matter; 6) state that upon receipt of his or her written
         request the affected member will be notified of the date, time, and place of the hearing.
         The member may, within thirty (30) days of receipt of notice, request a hearing. Such a
         request shall be made in writing to the Dean, indicating whether he or she will be
         represented by counsel. Failure by the member to request such a hearing within this time
         period shall constitute a waiver by the member of all rights to such hearing and to any
         further review of the matter to which he or she might otherwise have been entitled, and
         the Dean shall proceed to make his or her determinations and recommendations regarding
         the matter.

         If a hearing is requested, the following procedures will apply:

                 1) Within five (5) days after receipt of a timely request for a hearing, a designated
         Full member of the Management Committee shall schedule and arrange for a hearing and
         notify the affected member of the time, place, and date the hearing is to be held. This
         notice shall also include a list of the witnesses (if any) expected to testify at the hearing
         on behalf of the Management Committee. The notice shall be by certified mail, return
         receipt requested. In no case shall the hearing date be less than thirty (30) days or more
         than forty-five (45) days from the date of receipt of the request for hearing, provided
         however, that a hearing for a member who is under suspension shall be held within ten
         (10) days from the date of the receipt of the request for hearing, unless more time, up to
         an additional twenty (20) days, is requested by the member.

               2) The hearing shall be conducted by the Management Committee, provided,
         however, that the Dean and no member who has actively participated in the consideration
         of an adverse recommendation or the investigation in this instance, or is in direct
         economic competition with the affected member shall participate in the deliberations or
         recommendations of the committee.

                3) An accurate record of the hearing shall be kept in a manner established by the
         Management Committee. Copies and reproductions of the record of the hearing shall be
         made available to the affected member upon his or her request and upon payment of any
         reasonable charges associated with the preparation thereof.



{1408.00048/MM516515.DOC, Ver. 1}            Page 17 of 19
                                          Appendix A, continued


                4) The presence of the affected member shall be required, and failure without
         good cause to appear and proceed at such hearing shall be deemed a waiver of the right to
         the hearing and appellate review.

                5) The affected member shall be entitled to be accompanied by a representative.
         The Management Committee shall appoint an individual to represent it at the hearing and
         to present the facts upon which the request for corrective action was based and to
         examine witnesses.

         The Management Committee hearing shall:

              1) Include testimony from all interested parties, including but not limited to other
         members of the Faculty Practice Plan.

                 2) Afford each of the parties the right to call and examine witnesses, introduce
         exhibits, and to cross-examine any witness of matters relevant to the proceeding.

                 3) Consider any type of evidence that it deems relevant to the issues before it and
         shall exclude only incompetent, irrelevant, and repetitious evidence.

                4) Permit the affected member to submit a written statement at the close of the
         hearing.

         The burden of proof shall rest with the affected member. The affected member shall have
         the burden of proving that the decision to suspend or revoke membership privileges was
         arbitrary or capricious (Arbitrary and capricious action is willful and unreasoning action,
         without consideration and in disregard of facts or circumstances. Where there is room for
         two opinions, action is not arbitrary and capricious when exercised honestly and upon
         due consideration even though it may be believed that an erroneous conclusion has been
         reached).

         Within fifteen (15) days following the conclusion of the hearing, the Management
         Committee shall, in writing, make specific determinations, together with
         recommendations, including a statement of the basis for the recommendations, which
         shall be forwarded to the Dean and affected member, personally or by certified mail,
         return receipt requested whenever possible.

         Within thirty (30) days of receipt of the Management Committee recommendation, the
         Dean will present a final decision to the member. The final decision of the Dean shall
         include a statement of the findings and conclusions of the formal proceeding. If the
         decision is suspension or revocation of membership privileges, the suspension or
         revocation shall be effective thirty (30) days after the date of the Dean’s final decision.
         Within ten (10) days of the member’s receipt of the Dean’s final decision, the member



{1408.00048/MM516515.DOC, Ver. 1}           Page 18 of 19
                                          Appendix A, continued

         may file a written petition for reconsideration with the Dean stating the specific grounds
         upon which relief is requested. Petitions submitted later than ten (10) days from receipt of
         the final decision will not be considered. The disposition of the petition shall be
         completed by the Dean, or his/her designee, within twenty (20) days from the date of the
         timely filing in the Dean’s Office of the petition for reconsideration. The petition for
         reconsideration will be deemed to be denied if the Dean does not dispose of the petition
         within twenty (20) days of filing. A petition for reconsideration does not delay the
         effective date of a suspension or revocation of membership privileges.




{1408.00048/MM516515.DOC, Ver. 1}            Page 19 of 19

								
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