School of Medicine: Policy on the Provision of Medicolegal Reviews, Professional Consultations and Expert Testimony by Employees

Unit Policy

Title

School of Medicine: Policy on the Provision of Medicolegal Reviews, Professional Consultations and Expert Testimony by Employees

Introduction

Purpose

Faculty and staff of the University of North Carolina at Chapel Hill School of Medicine (SOM) may be requested to provide medicolegal reviews, professional consultations, and expert testimony. This Policy provides rules for how SOM faculty and staff must conduct these activities.

Scope

This Policy applies to all SOM faculty and staff and applies even if:

• the individual does not have medical staff privileges at a UNC Health Care System (UNCHCS) hospital or facility,
• the services are provided as an External Professional Activity for Pay (EPAP), and/or
• the services are part of the individual’s SOM employment.

Definitions

Compensation: Follows the definition of “Financial Interest” included in UNC Policy Manual Section 300.2.2, Conflict and Commitment.

Contractor: Agency, organization or person requesting services of SOM faculty or staff.

Medicolegal Review: The review of medical care provided, whether oral or written, which may be used by a law firm or another third party in a legal or other similar proceeding. (For example: an agency hearing such as the board of medicine, medical staff hearing, arbitration/mediation under the rules of the American Arbitration Association, etc.).

Professional Consultation: The provision of medical, scientific, technical, or professional consultation services, whether oral or written, that may be used by a law firm or another third party in a legal or other similar proceeding. (For example: an agency hearing such as the board of medicine, medical staff hearing, or arbitration/mediation under the rules of the American Arbitration Association, etc.).

Expert Testimony: Testimony, whether oral or written, made by a qualified person about a medical, scientific, technical, or professional issue in a legal or another similar proceeding. (For example: an agency hearing such as a board of medicine, medical staff hearing, or arbitration/ mediation under the rules of the American Arbitration Association, etc.).

Policy

Policy Statement

A. General Requirements

1. SOM faculty and staff are only permitted to provide medicolegal reviews, professional consultations, and/or expert testimony when:

   1. it cannot or will not be used against a faculty or staff of The University of North Carolina at Chapel Hill (UNC-Chapel Hill) or any UNCHCS entity;

   2. it cannot or will not be used against UNC-Chapel Hill or any UNCHCS entity; and

   3. another faculty or staff of UNC-Chapel Hill or UNCHCS entity is not providing medicolegal review, professional consultation, or expert testimony for another party to a matter.

2. SOM faculty and staff are not permitted to provide medicolegal reviews, professional consultations, and/or expert testimony for a law firm that is currently representing anyone with a claim or lawsuit against:

   1. UNC-Chapel Hill,

   2. UNCHCS, or

   3. UNC-Chapel Hill or UNCHCS faculty and staff in their official capacity.

3. Any permitted activity under this Policy must be pre-approved in writing by the individual’s chair or supervisor.

4. Compliance with the EPAP and other applicable UNC-Chapel Hill and SOM policies are required.

B. Compensation

EPAP Activities

Faculty and staff will receive the compensation directly from the Contractor and be solely responsible for all accounting and tax implications.

Part of the individual's employment activities

1. All compensation must be paid by the Contractor to UNC Faculty Physicians (UNCFP) for clinical faculty. Compensation must not go directly to the individual.
2. All compensation must be paid to SOM for non-clinical faculty and staff. Compensation must not go directly to the individual.
3. UNCFP or SOM (as appropriate) will distribute the compensation to the individual’s department or unit.
4. Each department or unit may use the compensation in accordance with UNCFP/SOM requirements or direction.

C. Violations

All violations of this Policy must be reported to the Chair of the Department for faculty and the direct supervisor of staff members. If SOM or UNCHCS faculty and staff become aware of a violation, they should report it immediately.

D. Policy Interpretation

The SOM Office of Professional Service Contracts and Affiliations (OPSCA) is responsible for interpretations of this Policy. Interpretations of this Policy by OPSCA are final.

Related Requirements

External Regulations

• External Professional Activities for Pay Policy
• UNC Policy Manual Section 300.2.2, Conflict of Interest and Commitment Policy
• Policy on Individual Conflicts of Interest and Commitment

Unit Policies, Standards, and Procedures

• Moonlighting Policy (contact OPSCA for a copy of this Policy)

Contact Information

Primary Contact

Office: Office of Professional Service Contracts and Affiliations (OPSCA)

Email: sompolicy@med.unc.edu