SVS Disciplinary Procedures

The following disciplinary procedures (“Procedures”) govern disciplinary proceedings of the Society for Vascular Surgery (“SVS” or the “Society”) conducted to consider alleged violations by any SVS member of Article XIII, Section 2 of the Society’s Bylaws.

I. The Complaint and Initiation of Proceedings

A. Complaints against an SVS member (a “Respondent”) may only be submitted by (i) an SVS active or senior member in good standing; or (ii) a member of the SVS executive staff (“Complainant”) and must be submitted within two (2) years of the occurrence of the alleged violation (with the exception of complaints falling under Section VII below or alleging violation of the SVS Expert Witness Guidelines). Notwithstanding the foregoing, any SVS member may submit or report a complaint covered by Section VII below. Complaints must (i) be submitted in writing to the SVS Executive Director; (ii) be signed by the Complainant; (iii) include a description of the alleged violation as well as specific references to the activities or conduct supporting the complaint and all documents, statements, or other evidence supporting the complaint that the Complainant wants to be considered; and (iv) include the Complainant’s authorization to forward the complaint to the Respondent and any third parties that the Conflict of Interest and Professional Conduct Committee (the “COI & Professional Conduct Committee”) deems relevant.
B. Complaints involving alleged violations of the SVS Expert Witness Guidelines (i) may only be submitted after the conclusion or final adjudication of the underlying litigation or other action to which they relate; and (ii) must be submitted no later than 12 months following the conclusion or final adjudication of the underlying litigation or matter to which they relate. Complaints involving testimony given in, or which is the subject of, pending litigation (or other action) will be returned to the Complainant without action.

Complaints alleging violations of the SVS Expert Witness Guidelines must spell out in detail the nature of the charges and include all available supporting evidence. It is the Complainant’s responsibility to collect, present and submit all evidence (including, without limitation, witness statements, documents, exhibits, transcripts, summaries of the testimony of prospective witnesses or transcripts of their testimony produced, if relevant to the charges) along with the complaint.

Specifically, the complaint must include (i) detailed information regarding the medical issues involved and the testimony of the SVS member alleged to have been unprofessional or unethical, including citations to the relevant pages of the relevant transcripts supporting the allegations; (ii) specific references to the sections of the Code of Ethics and/or Expert Witness Guidelines alleged to have been violated; and (iii) the full transcript of any relevant testimony. The Complainant must de-identify all Protected Health Information, as that term is defined in the Health Insurance Portability and Accountability Act (“HIPAA”) prior to submitting the complaint. Protected Health Information that has not been de-identified will be returned to the Complainant without review in the absence of patient consent or an exception to HIPAA’s privacy regulations. Provided, however, any documents or medical records which have been admitted into evidence in litigation or filed with any court are considered matters of public record and need not be depersonalized.
C. Upon receipt of a complaint, the Executive Director will (i) provide the Complainant with written confirmation of receipt of the complaint; and (iii) confirm that both the Complainant and Respondent are SVS members and fall within the purview of these Procedures (as set forth in Section A above). Complaints involving Complainants or Respondents that are not SVS members will be returned without further action.

Once the membership status of both the Complainant and Respondent has been confirmed, the Executive Director will notify the Chair of the COI & Professional Conduct Committee (the “Chair”) and legal counsel that a complaint has been received.
D. Upon receipt of a complaint from the Executive Director, SVS legal counsel, in consultation with the Executive Director and the Chair, will conduct a preliminary review of the complaint to determine compliance with the SVS Bylaws and compliance with the requirements set forth above in Sections A and B.

The purpose of this preliminary review is to confirm: (i) the complaint meets the general requirements set forth in Sections A and B above (i.e., the complaint is timely, in writing, signed by the Complainant, includes a description of the alleged violation, specific references to the activities or conduct supporting the complaint, includes supporting evidence, etc.); (ii) compliance with the SVS Bylaws.

The Chair of the COI & Professional Conduct Committee will provide the committee with a report from the preliminary review which will include a summary analysis and rational for why a complaint failed to meet the requirements. Such reports will not include the names of the parties involved to avoid interference with any future related complaint(s). Once the committee has provided affirmation (simple majority) that the complaint has failed to meet the preliminary requirements or is not in compliance with the SVS Bylaws, which could not be the basis for disciplinary action by SVS if proven, or which involves testimony given in or which is the subject of pending litigation, the complaint will be returned to the Complainant without further action.

In the event a complaint fails to meet the preliminary requirements, the Executive Director will notify the Complainant, and such notice will include a description of the complaint’s deficiencies. If correction is possible, they will have fourteen (14) business days to correct the complaint before it is closed without further action.

The Chair will refer all remaining complaints to the full COI & Professional Conduct Committee for consideration.
E. Upon receipt of a complaint, the COI & Professional Conduct Committee will determine whether, in their opinion, a prima facie case has been asserted thereby warranting a full investigation. Copies of all materials supporting the charges will be furnished to each member of the COI & Professional Conduct Committee. If the COI & Professional Conduct Committee determines that the complaint does not warrant a full investigation, the Chair will so notify the Complainant and the Executive Director, and the matter will be closed.

If the COI & Professional Conduct Committee determines that the matter does warrant a full investigation, the Chair will notify the Respondent in writing (by overnight carrier providing evidence of delivery or certified mail, return receipt requested)[1] that a complaint has been filed against them, that an investigation will be conducted, and that the member will be advised of the results. The Respondent will be sent the full set of materials which were furnished to the members of the COI& Professional Conduct Committee which constitute the allegations and the supporting evidence. The Chair will further notify the President and the Executive Director that an investigation is in progress. The Respondent will then have thirty (30) days from the date such notice was sent to prepare written responses and/or exhibits applicable to the allegations and submit them to the COI & Professional Conduct Committee. In the event the Respondent submits Protected Health Information to the COI & Professional Conduct Committee, such information must be de-identified prior to submission. Protected Health Information that has not be de-identified will be returned without review or consideration in the absence of patient consent or an exception to HIPAA’s privacy regulations. Any documents or medical records which have been admitted into evidence in litigation or filed with any court are considered matters of public record and need not be depersonalized.

II. Investigation and Hearing

A. In conducting the investigation, the COI & Professional Conduct Committee may obtain the assistance of SVS staff and consult with SVS legal counsel whenever, in its judgment, such consultation is necessary or appropriate. In addition, the COI & Professional Conduct Committee may contact the Complainant, the Respondent, witnesses and other relevant parties to obtain additional information, as it deems necessary in its sole discretion.
B. The COI & Professional Conduct Committee may, but need not, conduct a hearing as part of its investigation; provided, however, that no adverse action may be taken against a Respondent without having first afforded them the opportunity for a hearing before the COI & Professional Conduct Committee. If a hearing is warranted, the Chair will notify the Respondent in writing (by overnight carrier providing evidence of delivery or certified mail, return receipt requested), of the time and place of the hearing, which hearing will be held no less than thirty (30) days after the date such notice is sent. The hearing date, time or location set by the COI & Professional Conduct Committee will not be subject to change for the convenience of the Respondent. If the Respondent declines or fails to appear at a duly scheduled hearing, the COI & Professional Conduct Committee will still proceed, and will consider the previously submitted material furnished by the Respondent.
C. During the hearing, the Respondent will have full access to the evidence against them and will have the right to: (i) appear at such hearing with legal counsel (at Respondent’s sole cost and expense); (ii) rebut the information produced by the COI & Professional Conduct Committee; (iii) present witnesses; and (iv) submit pertinent evidence. No new matter, evidence or witness may be introduced by either the COI & Professional Conduct Committee or the Respondent in the hearing if they have not been previously disclosed in the documents supporting or denying the allegations. Attendance at the hearing will be limited to the COI & Professional Conduct Committee members, the Society’s legal counsel, the Respondent (and their legal counsel), witnesses, and other parties subject to the Chair’s discretion.
D. The COI & Professional Conduct Committee may have legal counsel present at any such hearing to advise on issues of procedure and, under appropriate circumstances, to present the COI & Professional Conduct Committee’s position on a disciplinary matter.
E. The COI & Professional Conduct Committee has authority to establish rules and procedures for conducting the hearing and may hold the hearing in person, via teleconference or other electronic means, as it determines in its sole discretion. If the hearing is held in person, the Respondent must appear in person. A hearing may be postponed, recessed, or reconvened for good cause in the sole discretion of the COI & Professional Conduct Committee, but a Respondent who fails to attend a hearing for which they have been provided adequate notice shall be deemed to have waived their right to appear.

III. Decision

Upon the conclusion of the hearing, the COI & Professional Conduct Committee will convene in closed session (with the presence of the Society’s legal counsel at the COI & Professional Conduct Committee’s discretion) to determine whether the Respondent has engaged in conduct for which disciplinary action is warranted. Members of the COI & Professional Conduct Committee may only consider evidence or testimony introduced in conjunction with the hearing, although they may rely on their own expertise and professional experience in evaluating the testimony of witnesses or issues raised.

A. If the COI & Professional Conduct Committee determines that disciplinary action should not be taken, the matter shall be closed, and the Chair will notify the Respondent, the Complainant, the President, and the Executive Director.
B. If the COI & Professional Conduct Committee determines, by a majority vote of those present at the hearing, that the Respondent has engaged in activity in violation of Article XIII, Section 2 of the Society’s bylaws, the Committee will recommend that disciplinary action be taken. Such a determination will be in writing and will set forth the COI & Professional Conduct Committee’s findings and recommended disciplinary action.
C. The Chair of the COI & Professional Conduct Committee will notify the following individuals of the COI & Professional Conduct Committee’s decision: the Respondent (by overnight carrier providing evidence of delivery or certified mail, return receipt requested), the Complainant, the President, and the Executive Director. Further, the Chair will notify the Respondent of the procedures for filing an appeal.
D. The Respondent shall have the right to appeal the COI & Professional Conduct Committee’s decision. If the Respondent fails to submit a request for appeal to the Society within thirty (30) days following Respondent’s receipt of notice of the COI & Professional Conduct Committee’s decision, the Executive Board will approve the COI & Professional Conduct Committee’s decision and recommendation.

IV. Appeal

A. If the Respondent submits an appeal, the Executive Board will review the findings and recommendations of the COI & Professional Conduct Committee, considering only the evidence upon which the decision was based.
B. The Respondent will be given at least thirty (30) days’ notice (which will be delivered by overnight carrier providing evidence of delivery or certified mail, return receipt requested), of the time and place of the meeting at which the Executive Board will consider the appeal. The Respondent will have the right to appear before the Executive Board and/or be represented by legal counsel (at Respondent’s sole cost and expense) to present reasons why the COI & Professional Conduct Committee’s decision should not be accepted. The Executive Board has the authority to establish rules and procedures for conducting the appeal and may hold the appeal in person, via teleconference or other electronic means, as it determines in its sole discretion. If the appeal is held in person, the Respondent must appear in person.
C. Upon the conclusion of its review, the Executive Board, by a two-thirds vote of those present at a duly called meeting at which a quorum is present, will affirm, reject, or modify the decision of the COI & Professional Conduct Committee. The decision of the Executive Board will be final.
D. The President will notify the following individuals of the Executive Board’s decision: the Respondent (by overnight carrier providing evidence of delivery or certified mail, return receipt requested), the Complainant, the Chair of the COI & Professional Conduct Committee, and the Executive Director.

V. Forms of Discipline

The disciplinary measures which may be imposed upon a member may include, but are not limited to, one or more of the following:

A. Censure.
1. i. Private: a written letter of censure advising the Respondent that they have been found guilty of the conduct and/or the violation or violations charged, expressing appropriate concern, and proposing greater sanctions if a future violation occurs.
2. ii. Public: a written letter of censure similar in form to (i) above, which may be published in summary form in an appropriate SVS publication.
B. Suspension. The member will be allowed to attend SVS educational meetings but will lose all rights of membership for the period imposed by the Society, up to three (3) years. The fact of the member’s suspension may be published in an appropriate SVS publication.
C. Loss of Member Privileges. A member may lose their ability to serve on the Executive Board, Strategic Advisory Board, committees, and councils, or as an officer or member for a defined period.
D. Expulsion. The member is expelled from the Society, and they shall lose all rights of membership in the Society. After a period of five (5) years, the member may reapply for membership at the discretion of the Executive Board. The fact of the member’s expulsion may be published in an appropriate SVS publication.

VI. Resignations

A. Resignations must be submitted in writing to the Secretary in accordance with the Bylaws. Resignations are effective when accepted by the Executive Board or its designee(s).
B. If a member resigns after commencement of an investigation, the Executive Board may, in its discretion, delay or refuse to accept the resignation and proceed with the investigation. If the Executive Board accepts the resignation, the procedures will be designated and recorded as follows “Resignation of members accepted while under investigation” and the investigation will terminate.

VII. Immediate Disciplinary Action

A. All SVS members have an affirmative obligation to promptly inform the Executive Director in the event:
1. i. any medical licensing authority revokes, suspends, or otherwise restricts the medical practice license of such member or takes any other disciplinary action against the member;
2. ii. the member voluntarily surrenders his or her medical license while a proposed disciplinary action by any medical licensing authority is pending against such member; or
3. iii. the member is indicted or convicted of a felony, or pleads guilty or “nolo contendere” to a felony (together with subsections (A.i) and (A.ii), “Legal Action”).
B. In the event of a Legal Action, the SVS membership of the individual in question may be terminated, suspended, or otherwise restricted, or SVS may take other disciplinary action against the member, in accordance with the provisions set forth below. Failure to promptly report an adverse action against one’s medical license or a felony indictment/conviction/guilty plea/”nolo contender” plea against the member will constitute separate grounds for disciplinary action.
C. The Executive Director (or their designee(s)) shall obtain from the appropriate governmental authorities a reasonable form of verification of the disciplinary action taken by a medical licensing authority, the surrender of license, or the felony indictment, conviction, or plea. A felony indictment against a member means any type of felony charge (i.e., either by criminal complaint or grand jury indictment.)
D. After obtaining the verification referred to in subsection (C) above, the Executive Director will notify such member in writing (by overnight carrier providing evidence of delivery or certified mail, return receipt requested) setting forth the relevant facts and informing the member that their SVS membership will be terminated or suspended, or that the member will be subject to other disciplinary action, thirty (30) days after said notice unless the member provides, within that thirty (30)-day period, information indicating, to the satisfaction of the Executive Director, that the information on which the membership termination or suspension, or other disciplinary action, is to be based is erroneous or that there is some other compelling reason to defer or modify SVS’s decision.

In such event, the Executive Director (with the assistance of legal counsel and SVS staff) will conduct such additional investigation as the they deem appropriate, and following such investigation the Executive Director may, if all information obtained so warrants, (i) issue another notice of membership termination, suspension, or other disciplinary action, or (ii) the Executive Director may, in their discretion, defer or modify SVS’s decision based on a finding that the initial information obtained by SVS was erroneous or if compelling circumstances so warrant.

The Executive Director’s final action in such cases shall be subject to approval by the Executive Board.
If the factual basis for membership termination, suspension, or other disciplinary action, set forth in a notice pursuant to subsection (D), above, is not challenged (on grounds satisfactory to the Executive Director) by the member in question within thirty (30) days after the giving of such notice, the membership in question will be immediately terminated or suspended, or other disciplinary action will immediately take effect, as applicable, upon the expiration of said thirty (30)-day period.
If the Legal Action is based upon revocation of a medical practice license, then the disciplinary action taken shall be termination of SVS membership. An individual whose membership is so terminated may not apply for readmission to SVS until their medical practice license has been reinstated or at least two (2) years have elapsed after the date of such termination, whichever is greater.
If the Legal Action is based upon suspension of a medical practice license, then the action taken shall be suspension of SVS membership, and that suspension of SVS membership shall extend until the end of the period for which the medical practice license is suspended. Upon the conclusion of that suspension period, the member in question shall automatically return to the membership status which they held prior to the suspension; provided that suspension of SVS membership pursuant to this subsection will not preclude SVS from taking additional disciplinary action, pursuant to other provisions of these Disciplinary Procedures, on the basis of the same actions or events giving rise to such automatic suspension.
If the Legal Action is based upon another type of license restriction or disciplinary action, a voluntary surrender of medical license, an indictment or conviction of a felony, or a guilty plea or plea of “nolo contendere” then the action taken pursuant to this section shall be any of the available disciplinary actions set forth in this Section VII, including but not limited to termination or suspension. An individual whose membership is terminated under this subparagraph may not apply for readmission to SVS less than two (2) years after the date of such termination. If the action taken pursuant to this subsection is suspension of SVS membership, the suspension shall extend for such period as the Executive Director recommends and the Executive Board determines to be warranted by the facts and circumstances. Upon conclusion of that suspension period, the member in question must petition for reinstatement of the membership status held prior to suspension; provided, however, suspension of SVS membership pursuant to this subsection shall not preclude SVS from taking additional disciplinary action, pursuant to other provisions of these Disciplinary Procedures, on the basis of the same actions or events giving rise to such suspension.
Information concerning any Legal Action may be reported to the National Practitioners Data Bank and appropriate State Boards of Medical Examiners. This information may also be reported to the American Board of Surgery and/or other vascular surgery societies if the circumstances so warrant.

[1] All written notices sent to the Respondent shall be sent to the address listed for the member in the Society’s records.