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Legal Opinion to Aid Family Physicians in Taming Hospital Credentialing, Privileging Disputes

Delegates to the AAFP's 2017 National Conference of Constituency Leaders adopted a resolution that asked the Academy to "further prevent the restraint of trade of family physicians by providing a sample legal opinion in favor of family physicians practicing within emergency departments.” In response, the AAFP commissioned law firm Seigfried Bingham to review the applicable law to "determine the extent to which hospitals and physicians may be liable for the denial of medical staff membership or privileges to perform specific procedures based on factors other than demonstrated experience, training and competencies of the physician in question."

The legal opinion -- which presents an objective, evidence-based position on privileging -- is intended to provide support for members who find themselves in challenging situations with hospital administrators or others in decision-making positions, and it should not be considered legal advice.

More information can be found in the AAFP News article published on the AAFP website. Updated resources on hospital credentialing and privileges are also available.


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