Protocol for Supporting a Member's Right to Practice
Developed By: Committee on Quality Management and Departmental Administration
Reaffirmed: October 17, 2018 (original approval: October 15, 2003)
In the event a member of the American Society of Anesthesiologists believes that the member is being denied the opportunity to provide anesthesia care in violation of contractual or other legal rights, the member may seek, through the member’s Component Society, the assistance of the Society’s legal counsel on such terms as the ASA President in each case shall approve.
In normal circumstances, assistance by the Society’s legal counsel shall be limited to providing, at the Society’s expense, technical assistance to the attorney for the member in question, and such assistance may be provided on approval of the President only. In the event that it is proposed that more extensive assistance be given, such as filing of an amicus curiae brief or actual participation in the case, then such assistance will be given only on recommendation of the pertinent Component Society and upon approval of the ASA Administrative Council or Board of Directors.
Subject to determination that no conflict of interest exists, nothing herein shall be construed as preventing the Society’s legal counsel, on recommendation of the pertinent Component Society, from providing assistance to such member at the member’s expense or at the expense of the Component Society.