Round 1: AAPS vs. NYS DOH Decision

Posted: October 20, 2009 by Doc in Uncategorized
Under prompt appeal is this automatic decision by the lower court in New York, which takes deference to ” rational basis” analysis to another level. AAPS argued that New York State cannot have a website that lists physicians as board certified in Emergency Medicine and explains that that means they were residency trained in Emergency Medicine, when in fact some of those physicians were grandfathered into Emergency Medicine and did not do a residency in Emergency Medicine.
New York State maintained that the reason for having the site is so that consumers can be informed about who is in fact treating them in Emergency Rooms. While most non lawyers might not understand how the court arrived at their superficial conclusion, an explanation is in order.
New York’s actions discriminate against equally situated physicians, namely (1) ER physicians who belong to AAPS who did not do a residency in Emergency Medicine and (2) ABEM certified physicians who grandfathered in to Emergency Medicine who also did not do a residency in Emergency Medicine. AAPS argued the obvious. Since there is no difference essentially between the two groups of physicians, why are the ABEM physicians listed on the website and the AAPS physicians, not listed?
This is logic so simple a caveman could get it. However, enter rational basis analysis. Challenges to New York’s action is analysed by the court under a rational basis theory. Under “rational basis”, New York need only have a rational basis, meaning any basis you can think of, even a not so rational, rational basis. The lower court held that New York was rational in listing physicians as they did because the ABEM grandfathered physicians were granddfathered in and basically New York could choose to ignore the obvious deficiency in residency training and that illogic was ok under rational basis legal analysis. Huh! come again.
AAPS pointed out the irrationality and of course the obvious fact that by finding for New York, the lower court perpetuating a fraud on the people of New York. So AAPS has appealed. It will be interesting to see what happens.

Click on the link below for the full decision.


AAPS-NYSDOH decision

NY Judge Decides AAPS Case Goes Forward

American Board of Physician Specialties (ABPS)
IOM Report Ignites New Debate on Who Should Practice Emergency Medicine
Disposable Doctors 2: ER Docs Fight Back in NY
Disposable Doctors 1
An ER Doc’s Top Ten List
United States Alliance of Emergency Medicine (USAEM)
“Tribal Thinking and the Ultimate Confounder”

  1. bill s says:

    I am a proud holder of the aaps certification. can tell you the certification is worthless in today’s market. To anyone thinking about using the certification, dont bother. AAPS is a sham organization that couldnt win a lawsuit if there life depended on it. bill carbone is a clown. ive been turned down from every decent hospital ive applied to based on aaps alone. the certificate is a path to financial ruin. its poison. stay in your original specialty.

  2. AFMD says:

    Bill S.

    It’s unfortunate that your experiences have led you to feel that way about the AAPS. It is a very political battle that they are fighting, and at this time, may not have the resources to be as effective as they would like to be. This will not always be the case.

    The certificate that you hold represents the hard work and dedication you have towards the field of Emergency Medicine and it was not earned in vain.

    The number of BCEM diplomates are growing and a new generation of diplomates will continue to fight with more vigor. With numbers come strength, and given today’s healthcare environment, this alternate board will be a force to be reckoned with.


  3. DW says:

    Bill S.
    Have you made AAPS aware of your situation? What state are you practicing in? It has been our experience that unless individuals speak up, make the organization aware of their problems and get involved in addressing these issues, these problems will persist.
    – DW

  4. Peter D says:

    AAPS is a sham, I agree ! That is why the NY Court made the appropriate decision ! If you want to be an ER doctor do an ER residency ! AAPS created a sham certification for doctors to “pretend” they are ER doctors. Now these doctors are angry that the they cannot pull the wool over the court’s eyes. All you have to do is move to a joke state like Florida and you can pretend you are an ER doc. Where there are real academics (NY) it’s not going to happen and should not !

  5. DW says:

    AAPS is not a sham just because AAEM and people like the above commenter would like to think so. What the NY court chooses to ignore is that a significant portion of the physicians who are “board certified” by ABEM in New York did not do an EM residency since they were “grandfathered” and essentially have the same training and experience as the ER physicians granted board certification by AAPS.

  6. AFMD says:

    Update. The Texas Medical Board now recognizes certification by the ABPS. By recognizing the BCEM in Dr. Gardner’s and ACEP’s own backyard, The Texas Medical Board is sending a very strong and powerful statement that this bickering has to stop once and for all, and that the state of Texas is concentrating on the solution, and not the problem. A lesson that the NY court has not learned.

  7. […] Round 1: AAPS vs. NYS DOH Decision | The Doc Whisperer – Oct 20, 2009  · … AAPS vs. NYS DOH decision. 6. … The Texas Medical Board now recognizes certification by the ABPS. … Follow “The Doc Whisperer … […]

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