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Judicial Review of Disciplinary Action for Sexual Misconduct in the Practice of Medicine
Sandra H. Johnson, JD, LLM
JAMA. 1993;270(13):1596-1600.
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| Since this article does not have an abstract, we have provided the first 150 words of the full text PDF and any section headings. |
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THE HOUSE of Delegates of the American Medical Association (AMA) adopted the report of the Council on Ethical and Judicial Affairs on sexual activity between physicians and patients in 1990, and the Council subsequently issued its opinion on sexual misconduct in the practice of medicine.1(8.14) Courts have recently issued the first opinions considering the Council's opinion in relation to licensure disciplinary action against physicians for sexual contact with patients. This article reviews the potential influence of the Council's opinion on disciplinary actions in light of these early cases.
The Council's opinion will be most effective in changing physician behavior if it achieves its desired effect on physician education and attitudes. Voluntary medical societies may enforce the standard against sexual misconduct with membership sanctions as well. Ethical standards may well hold physicians to a higher standard than legal standards, and the Council's opinions are not intended by the Council to
. . . [Full Text PDF of this Article]
Author Affiliations
From the Center for Health Law Studies, St Louis (Mo) University School of Law, and Department of Internal Medicine, St Louis University School of Medicine.
Footnotes
Reprint requests to Center for Health Law Studies, St Louis University School of Law, 3700 Lindell Blvd, St Louis, MO 63108 (Professor Johnson).
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