For an independent healthcare professional or an individual to agree to treat patients in a particular healthcare facility, they must have such privileges in that hospital. Clinical privileges, as defined by the joint commission, refer to the permission to provide patient-care services, including medical services in a particular institution, based on their professional competence, experience, judgment, and abilities within well-defined limits (Furrow et al., 2015). To independently provide patient care within a hospital, the expert is required by the joint commission to be admitted to that particular hospital as a member of the medical staff.
Besides, the credentialing process follows the core expectations adopted by the joint commission. These include continuous and regular assessment of the professional's areas of competency. Also, whenever there are concerns about competency, there is a standardized and separate process to flag the practitioners (Furrow et al., 2015). To most practicing physicians and especially independent healthcare practitioners like Dr. Saleh, the hospital privileges are vital. For several reasons, however, hospitals have generally become more restrictive in granting and monitoring privileges. Under a variety of common law, statutory and constitutional theories, the physicians may invoke the review of the judiciary on negative credentialing decisions. For example, Dr. Saleh may seek legal protection under state or federal anti-discrimination statuses since he meets the minimum requirements and has been discriminated against because of his country of origin.
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Whether or not a physician has a contractual or employment relationship with a hospital, he or she is considered the hospital's medical staff if he or she is treating patients within that hospital (Katheder, 1984). A hospital's governing board is the entity with the legal authority to grant, deny, or revoke staff privileges (Furrow et al., 2015). However, it is the medical staff of the hospital that controls the entire process. The medical staff committee reviews all the professionals applying for privileges and uses the hospital by-laws to determine whether or not to accept the application.
References
Furrow, B., Greaney, T., Johnson, S., Jost, T., & Schwartz, R. (2015). Health Law (3rd ed.). United States: West academic.
Katheder, T. (1984). The medical staff privileges problem in Florida. Fla. St. UL Rev. , 12 , 339.
