Synergy - September/October 2014 - 15

industry feature

NAMSS CE QUIZ: Proctoring in
the Medical Staff Setting: Legal
and Practical Considerations
See worksheet on page 28.
1. In the medical staff context,
the term "proctor" is often
used synonymously with the
terms "supervisor," "preceptor,"
"mentor," and the like.
a. True

b. False

2. A proctor always must be a
member of the medical staff
for which he or she proctors.
a. True

b. False

3. Proctors are immune from
liability for the malpractice of
those whom they proctor.
a. True

b. False

4. Proctorships that impose
different conditions in like
circumstances may give rise to
claims of discrimination.
a. True

b. False

as necessary. Having these safeguards
in place will not only operationalize a
proctoring policy but also will likely help
achieve compliance with the requirements
for HQCIA immunity and The Joint
Commission's FPPE standard.

The Definition of "Proctoring"
is Key
Proctoring is an important tool at medical
staffs' disposal, and one that could take
on greater importance as the Office of
Inspector General of the U.S. Department
of Health & Human Services undertakes to
scrutinize how hospitals assess medical staff
candidates before granting initial privileges
during fiscal year 2014.49 At a minimum,

5. A proctorship that gives the
proctor authority to approve
certain medical care rendered
by the provider may be
reportable to the National
Practitioner Data Bank.
a. True

b. False

6. A proctorship where the
proctor does not have authority
to approve certain medical care
rendered by the provider is not
reportable to the National
Practitioner Data Bank.
a. True

b. False

7. Assignment of a proctor to a
newly privileged provider as a
matter of routine hospital policy
is reportable to the National
Practitioner Data Bank.
a. True

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8. The American Medical
Association defines proctoring
as a credentialing tool limited
in use to evaluating the
competence of new medical
staff members or existing
medical staff members
requesting new privileges.
a. True

b. False

9. Proctoring may occur before,
during, or after patient
treatment.
a. True

b. False

10. The Joint Commission's
conditions of accreditation
specifically require proctoring.
a. True

b. False

b. False

proctoring involves oversight of a provider
by another provider, usually (and preferably)
during a patient interaction. Beyond this
basic definition, however, the definition
of proctoring varies based on context and
source. The definition of "proctoring" is
key because its scope will govern both the
legal and operational issues that will arise.
Ultimately, whether a medical staff adopts a
broad or narrow approach to proctoring, it
should clearly communicate the attendant
risks and challenges to all interested parties.
Just as importantly, medical staffs should
effectuate policies and procedures that will
mitigate these risks and challenges while
giving interested parties an investment in the
proctoring process. ■

References:
1

219 Cal. Rptr. 845 (Cal. Ct. App. 1985).

2

Id. at 847.

3

Id.

4

Id. at 846-47.

5

See id. at 849.

6

Id. at 850-51.

7

Id.; see also Zablocki v. Wilkin, No. CI 02-2618,
2003 WL 25580058 (Ohio Com. Pl. Apr. 16, 2003)
(holding that for similar reasons no patient-physician
relationship existed between a podiatrist proctor
and the patient of the podiatrist performing ankle
surgery on her).

8

Clark, 219 Cal. Rptr. at 853.

9

Id.

10

Id.

11

904 F. Supp. 2d 699 (E.D. Mich. 2012), aff'd, No.
12-2616, 2013 WL 6038227 (6th Cir. Nov. 15, 2013).

Continued on page 30

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