OF PROFESSIONAL PRIVILEDGES
Un-ethical research on patients is abuse of professional privileges.
of treatment privileges consists of unnecessary treatment, iatrogenic infection, and allowing or abetting an unlicensed practitioner.
of prescription privileges is manufacturing, possessing, and supplying a controlled drug without a license, prescription of
controlled drugs not following procedures, diverting or giving away controlled substances, dispensing harmful drugs, sale
of poisons, and writing prescriptions using secret formulas.
fraud may be pharmacy fraud (billing for medicine not supplied), billing fraud (billing for services not performed), equipment
fraud (using equipment that is really not needed or using equipment of poorer quality), or supplies fraud. It is also illegal
to get financial advantage from prescriptions to be filled by pharmacies owned by the physician. Kick-backs are unethical
or inaccurate documentation is a breach of the law and includes issuing a false medical certificate of illness, false death
certification, and false injury reports.
action could be brought against a physician for the following crimes against the person: manslaughter (voluntary & involuntary);
euthanasia (active and passive): battery for forced feeding or treatment; criminal liability for patient death; induced non-therapeutic
abortion; iatrogenic death; abusive therapy involving torture; intimate therapy; rape and child molestation; and sexual advances
to patients or sexual involvement.
relation requires that the physician keeps all information about he patient confidential. Breach of confidentiality can be
done only in the following situations: court order, statutory duty to report notifiable diseases, statutory duty to report
drug use, abortions, births, deaths, accidents at work, disclosure to relatives in the interest of the patient, disclosure
in the public interest, sharing information with other health professionals, disclosure for purposes of teaching and research,
disclosure for purposes of health management.
MIS-CONDUCT DEROGATORY TO REPUTATION, kharq al muru’at
of trust is a cause for censure because a physician must be a respected and trusted member of the community. Sexual misbehavior
such as zina and liwaat are condemned.
Fraudulent procurement of a medical license, sale of medical licenses, and covering an unqualified practitioner indicate bad
character. Physicians can abuse their position by abuse of trust (eg harmful or inappropriate personal and sexual relations
with patients and their families), abuse of confidence (eg disclosure of secrets), abuse of power/influence (eg undue influence
on patients for personal gain), and conflict of interest (when the physician puts personal selfish interests before the interests
of the patient). Other forms of misconduct are in-humane behavior such as participation
in torture or cruel punishment, abuse of alcohol and drugs, behavior unbecoming,
indecent behavior, violence, and conviction for a felony.
in private practice must adopt good business practices. Halal transactions are
praised (Zaid H539). An honest businessman is held in high regard (Tirmidhi K12 B4). Leniency in transactions is encouraged
(Bukhari K34 B16). Full disclosure is needed in any transaction (Ibn Majah K12 B45). Measures and scales must be fulfilled
(Muwatta K31 H99). Bad business practices are condemned. There is no blessing in immoral earnings (Darimi K20 B60). Selling
over another’s sale is prohibited (Bukhari K34 B58). Cheating is condemned (Bukhari K34 B19). Also condemned are financial
fraud including criminal breach of trust, riba on bills, fee splitting, bribery
(Abudaud K23 B4). Sale of goodwill of a practice is allowed. Also allowed is agreement among partners that
they will not set up a rival practice on leaving the partnership. Entering into a compact with pharmacists or laboratories
involving fee splitting and unnecessary referrals is not moral. Treatment regimens can not be patented as an intellectual
property. Physicians are entitled to a reasonable fee as ajr al tabiib (Bukhari
K37 B16). Medical fees cannot be fixed by government because the Prophet refused to fix prices (Abudaud K22 B49).