Center for the Study of Ethics in the Professions at IIT

Preface

The Healthcare Information and Management Systems Society is a membership organization and as such, undertakes efforts to inform, educate and support the professional enhancement of the membership through publications, conferences, meetings, or other organized events, either solely sponsored by HIMSS or jointly with other organizations. Because of the diversity of interests and businesses represented by the membership, this Code of Ethics is designed to serve as a guide for the personal and professional conduct of the Society and its members in order to avoid any potential allegations of unethical conduct and to outline a procedure to investigate and resolve these allegations. Members have an obligation to act in ways that will merit the trust, confidence and respect of their professional peers, the general public, other professional organizations and the health care industry in general. Individual acts that transgress from this Code of Ethics will not be condoned.

I. Responsibilities of Members

1. Uphold the values, ethics, and mission of the profession and the Society;

2. Conduct all personal and professional activities with honesty, integrity, respect, fairness and good faith in a manner that will reflect well on the profession and the Society;

3. Comply with all laws and regulations in the jurisdictions in which the member is located or conducts professional and personal activities;

4. Maintain competence and proficiency in their profession by undertaking a personal program of assessment and continuing professional education;

5. Avoid the exploitation of professional relationships or positions in the Society, either elected or appointed, for personal gain;

6. Use this Code to further the interests of the profession and not for personal selfish reasons;

7. Respect professional confidences;

8. Enhance the dignity and image of the profession and the Society through positive personal actions;

9. Refrain from participating in any activity that demeans the credibility and dignity of any professional peer, member of the Society or the Society itself;

10. Refrain from using membership or association with the Society to promote or endorse external products or services;

11. Be truthful in all forms of professional and organizational communications and avoid information that is false, misleading, inflammatory, and deceptive, or information that would create unreasonable expectations;

12. Accept no gifts or benefits offered with the expectation of influencing a decision when conducting business on behalf of the Society;

II. Conflicts of Interest

A conflict of interest may only be a matter of degree, but exists when a member, functioning in an elected or appointed capacity on behalf of the Society;

Is in a position to personally benefit directly or indirectly by using authority or confidential information, or allows a friend, relative or associate to benefit from such authority or information, or;

Uses authority or information to make a decision to intentionally affect the Society, or a member, in an adverse way.

Any member functioning in an elected or appointed capacity on behalf of the Society is obligated to disclose to the Executive Director of the Society, or his/her appointee, any direct or indirect financial or personal interests that might pose potential conflicts of interest with respect to the member completing the requirements of the elected or appointed function, and/or;

Inform the Executive Director of the Society, or his/her appointee, of potential conflicts of interest related to appointments or elections to boards or committees of other societies, organizations, government bodies or other organized groups.

The Executive Director shall disclose to the full Board of the Society the potential conflict and the Board may elect to note the potential conflict and monitor actions of the member; deem the potential conflict to be inconsequential; or, ask the member to resign from the Society office or appointment, and appoint another member even if the office is an elected one. The member has the option of correcting the situation to eliminate the conflict. Failure to disclose a potential conflict when discovered at a later date shall constitute grounds for removal of the member from the position, censure, probation, suspension or expulsion from the Society, if warranted.

III. Ethics Committee

Preface

This Code of Ethics shall be administered by the Ethics Committee, a standing committee of the Board It shall be composed of seven (7) members as follows: Current Board: Vice President, Vice President Elect, President elect and a member from each of the four Advisory Boards. The Chair will be the Vice President. Appointments shall be for a period of one year with a maximum of three one year reappointments. The Committee will meet as necessary on the call of the Chairman.

The Ethics Committee shall:

Review and evaluate annually, or as needed, the Code of Ethics, and make any necessary recommendations to the Board for updating the Code;

Review and recommend action to the Board on allegations brought forth regarding breaches of the Code of Ethics;

Prepare a report of observations, accomplishments, and recommended actions to the Board annually.

The Ethics Committee is given broad powers to investigate allegations brought to their attention and is empowered to create an ad hoc Investigative Subcommittee if it appears the allegations to be valid and serious in nature. The Investigative Subcommittee appointees and membership shall be for the sole purpose of investigating the validity of the allegations. The Ethics Committee shall inform the Board that an Investigative Subcommittee has been established and the membership of the Subcommittee.

IV. Violations of the Code of Ethics

Any member of the Society who has reasonable grounds to believe that another member has violated this Code of Ethics has a responsibility to communicate, in writing, such facts to the Ethics Committee.

Any member accused of violating the Code of Ethics will be entitled to an Ethics Appeal Procedure as follows:

1. To be processed, a complaint must be filed in writing to the Ethics Committee within one year of the alleged incident. The complaint should be addressed to HIMSS, Attention Ethics Committee, at the Society offices in Chicago. No complaint will be considered if the member filing the complaint does not identify him or herself and sign the complaint. The allegation will be shared with all members of the Committee. The Committee will investigate all incidents brought to their attention regardless of the informality of the information, provided the information can be documented or supported or may be a matter of public record.

2. The Committee will determine whether the complaint falls within the purview of the Ethics Committee and whether an investigation is necessary. Members filing complaints shall be notified that the Ethics Committee has received the complaint.

3. If the complaint is deemed to have substance, specifics of the complaint will be sent by certified mail to the member named in the complaint. The Committee will inform the member that the Ethics Appeal process has been initiated and will ask the member to respond to the compliant within 30 days.

4. Upon the Committee's receipt of the members response, the Committee shall review the information and decide if further investigation is necessary or, file a written recommendation with the Board. The Ethics Committee may make any one of the following actions:

   1. Determine the complaint to be invalid

   2. Dismiss the complaint

   3. Recommend censure

   4. Recommend probation

   5. Recommend suspension

   6. Recommend expulsion from the Society.
      

For purposes of this process, censure constitutes a warning to the member that his/her actions constitute an implied violation of the Code of Ethics and that in the future, they should be more cognizant of their actions.

Probation implies an validated infraction of the Code of Ethics. A warning is to be issued that a second offense within a one year period will cause the member to be suspended for a period of not less than one year. Members are prohibited from holding office or participating on committees during the probationary period.

Suspension implies a major deviation from the Code of Ethics or, repeated infractions of a less serious nature. Suspension shall be for a period of not less than one year during which time the member shall be removed from the active roles of the Society. Any dues paid which cover the suspension period will be returned to the member. The member is eligible to return to the active roles at the conclusion of the suspension period.

Expulsion implies a flagrant disregard for the Code of Ethics as exemplified by actions of the member or, by actions that resulted in two suspensions within a five year period. Such action is not to be taken lightly. Expulsion implies that the members membership is revoked and is prohibited from joining the Society at any future time. Any dues paid covering the period from when the expulsion is effective shall be returned to the former member.

5. A copy of the Committee's written recommendation shall be mailed to the member named in the complaint by certified mail. If the member objects to the recommendation of the Committee, the member has 30 days in which to file a written appeal to the Board. The Board shall take no action on the Ethics Committee recommendation until the 30 day appeal period has elapsed. If no appeal to the Board is filed, the Board shall review the recommended decision of the Ethics Committee at the next regularly schedule Board meeting and determine action to be taken. The member shall be informed of the decision of the Board.

6. If an appeal is filed, the Board will consider the appeal at the next regularly scheduled Board meeting. The member shall be notified of this action and when the Board meeting will be held.

7. If, after reviewing the appeal, the Board upholds an Ethics Committee recommendation of censure, probation, suspension, or expulsion the member named in the complaint shall be so notified of the Board's action and informed that he/she has the right to make a second appeal before the Board at their next regularly scheduled meeting. The member may make the second appeal in person, via conference call with the board, or send another letter stating the appeal. Reasonable requests for postponement shall be given consideration. However, a second appeal must be made within six months of notice. The Board meets quarterly.

8. If the member decides not to appeal the decision of the Board, the Board may take any action deemed appropriate.

9. The Board shall provide the member a written copy of its decision within 30 days of the second appeal. The decision of the Board shall be final. The Board shall have the authority to accept or reject any of the findings or recommendations of the Ethics Committee, may modify the recommendations or may impose alternative sanctions.