About Us
Ethics
As revised June 7, 2003; updated to include Appendix B September 17, 2006
Preamble
The following Statement of Principles and Code of Ethics articulate principles of conduct that are deemed appropriate and acceptable by the American Academy of Otolaryngology-Head and Neck Surgery Foundation, Inc. The statements and principles contained herein are not laws, but rather guidelines for honorable behavior. We believe that these ethical principles should be honored by all Fellows and Members intent on maintaining good standing in the Academy. The ethical principles should serve to bring clarity and definition to areas where confusion might occur in the course of contemporary Otolaryngology practice.
The Academy further endorses the current opinions of the Council on Ethical and Judicial Affairs (CEJA) of the American Medical Association. Adhering to these principles should provide guidance to Otolaryngologists in acting honorably and professionally toward their patients.
Principles
- The best interest of the patient must be the foremost concern of the physician in all circumstances.
- The patient must be treated with competence, respect, dignity and honesty. Confidences shall be kept except as required by law.
- The physician must maintain proficiency and competence through continuing study and be diligent in the administration of patient care.
- Fees must be commensurate with the service rendered.
- The impaired physician must withdraw from that part of the practice that is affected by the impairment.
- Academy members should assist fellow members in complying with these principles.
Each patient must be treated with respect, dignity, compassion, and honesty. The patient's right to participate in the treatment process must be recognized and promulgated by the otolaryngologist. The otolaryngologist shall be free to choose whom to serve, however discrimination against a patient on the basis of race, color, gender, age, sexual orientation, socioeconomic status, religion or national origin is inappropriate. Confidentiality of patient information is to be maintained, within the constraints of the law and the obligation to protect the welfare of the individual and the community. The otolaryngologist must establish and maintain appropriate relational boundaries, avoiding exploitation of patient vulnerability and specifically avoiding sexual misconduct with patients.
The otolaryngologist must disclose actual or potential conflicts of interest to patients, including but not limited to, fee arrangements and professionally related commercial interests. If a conflict of interest cannot be resolved, the otolaryngologist should withdraw from the relationship in a timely, appropriate manner. After having accepted a patient for care, the otolaryngologist may not neglect that patient.
Colleague Interactions
Interactions with colleagues should be based on mutual respect and a desire to improve patient care. Otolaryngologists must recognize their own professional limitations and expertise. Consultation and referral must be sought when appropriate. Communication with colleagues must be truthful and forthright. Disparagement of any kind is to be discouraged.
Commercial Interests
This Code of Ethics does not seek to restrict legal trade practices. However, a physician's commercial or financial interests should never be placed ahead of the interests and welfare of patients. Conflicts of interest undermine the trust that patients place in their physician. For this reason, physicians should endeavor to avoid any venture that creates a conflict of interest between personal financial interests and the best interests of the patient. Conflicts that develop between a physician's financial interests and the physician's responsibilities to the patient should be resolved to the benefit of the patient.
All decisions regarding patient referral should be based primarily upon consideration of the needs and best interests of the patient. A physician's referral practice should never lead to exploitation of patients or third party payors. Referral to a health facility in which a physician has a financial interest is not in and of itself unethical. However such referrals are best when the referring physician will be directly involved in providing care to the patient at the facility. In cases where it is not possible or feasible to provide direct care, disclosure of financial interests should be made.
Prescribing Practices
Financial interests that the physician might have in the company supplying the product should not influence a physician in the prescribing of drugs, devices, appliances, or treatments. Neither should a physician's referral or admission patterns be constructed so as to enhance the physician's financial interests in any health facility. Physicians should not accept gifts from industries that would influence their prescribing patterns or practices.
Patents
Physicians should be allowed to patent devices, but the use of these devices must be in accordance with the patient's best medical interests, without regard to the physician's financial interests. Although it is currently lawful in the United States to patent medical and surgical procedures, such patents issued after October 1,1996, may not be lawfully enforced against physicians or their affiliated health care institutions. This law is consistent with established principles of medical ethics. Medical and surgical procedures contribute to a universal body of medical knowledge. Unrestricted access to that knowledge is one of the defining characteristics of the medical and surgical profession. Enforcing patent restrictions on medical and surgical procedures limits access to medical knowledge, denies potential benefit to patients, and thus is unethical. Physicians should be allowed to charge a reasonable fee for instructional courses which describe and teach techniques and procedures to other physicians.
Advertising
It is not unethical for Otolaryngologists to advertise their services. Advertisement must be truthful and not misleading. An Otolaryngologist should not misrepresent his/her qualifications and/or training, and should not exaggerate the efficacy or uniqueness of treatments r