Certification by the American Board of Surgery (ABS) carries an obligation for the highest standard of ethical behavior and professionalism. The ABS maintains that all patients are entitled to quality surgical care delivered in a professional and ethical manner.
General Expectations
The ABS Code of Ethics and Professionalism (the “Code”) requires that all ABS-certified surgeons, also known as diplomates, and those seeking certification by the organization, also known as candidates, adhere to the following construct at all times:
- Treat patients in a safe and fair manner without bias based on (including but not limited to): race, ethnicity, gender, gender identity, gender expression, age, sexual orientation, disability, national origin, or religion.
- Demonstrate compassion, integrity, and respect for patients and their families, as well as all other members of the health care team in all types of interactions.
- Respect patient privacy and autonomy.
- Be accountable to their patients, families, and all members of the health care team.
- Refrain from conduct that the ABS determines, in its sole judgment, to be inconsistent with the ethical and professional standards of a surgeon.
- Provide the highest level of evidence-based medical care, within their scope of practice, in accordance with the accepted standards of our profession.
Medical License Requirement*
Possession of a currently valid, full and unrestricted state medical license is an absolute requirement for certification. Each license held by the surgeon must be unencumbered irrespective of the state in which the surgeon practices.
If a state medical license after final decision by the state medical board has conditions imposed or is probated, restricted, suspended, or revoked, the diplomate is required to report this change in status to the ABS within three (3) months, for review by the ABS Diplomates and Surgeons in Practice Committee (the “Committee”). The Committee will determine if any action is required regarding the diplomate’s certificate in surgery. The Committee will decide, in its sole discretion, the appropriate status of the certificate and make recommendations as to any related requirements. The Committee may or may not take into consideration any related state medical board actions or recommendations.
*Individuals who are not yet certified by the ABS or who have not yet obtained primary certification and are applying for initial certification in general surgery, vascular surgery, or surgical critical care are not required to have a medical license at the time of application.
Reporting Requirements
ABS diplomates and surgeons who are engaged in the ABS initial certification process are required to report any of the following actions to the ABS within three (3) months of said action:
- Any potential breach of this Code as well as any alteration in the status of a state or federal medical or drug license or encumbrance on a license.
- Voluntary surrender of a license to practice medicine.
- Condition(s) or restriction(s) of a license to practice medicine.
- Complaint leading to state medical board action.
- Initiated, pending, or threatened disciplinary actions by a licensing jurisdiction, including revocation, suspension, restriction, probation, condition, or denial of a license to practice.
- Any sanction or disciplinary action by a state medical board.
- A finding or verdict of guilt, an admission of guilt, a plea of nolo contendere, acceptance of probation without verdict (PWOV), disposition in lieu of trial, an accelerated rehabilitative disposition (ARD), or criminal conviction of any felony or misdemeanor offense.
- Any ongoing investigation, criminal or otherwise, including for scientific misconduct (e.g., promoting disease misinformation, fabricating scientific data).
- Voluntary or involuntary revocation, suspension, or restriction of privileges to prescribe controlled substances (e.g., DEA license).
- Involuntary termination, suspension, restriction, or denial of participation in any private, federal or state health program (e.g., Medicare or Medicaid).
- Loss, denial, restriction, suspension or revocation of privileges within their place of employment, whether voluntary or involuntary, including hospital staff privileges (or any portion thereof).
- Termination due to cause.
ABS diplomates and candidates for certification who engage in any of these actions will be subject to review under the ABS disciplinary action process. Reporting any of the above actions to the ABS does not necessarily imply board action. Conduct that is prohibited by this Code shall be reviewed by the ABS Diplomates and Surgeons in Practice Committee, which will make a determination as to the appropriate action needed, if any. Actions may include prohibition from the ABS initial certification process, or probation, suspension, or revocation of certification. All diplomates and candidates for certification must cooperate fully in any ABS investigation.
ABS-certified surgeons who fail to report within the designated time frame may be subject to immediate action on their certificate pending further review. All reports must be made by the diplomate via the reporting tool within their ABS portal.
Surgeons engaged in the ABS initial certification process who fail to report on the examination application or during the certification process may be subject to expulsion from said process pending further review. All reports must be made by the candidate via the reporting tool within their ABS portal.
ABS Examinations
Unethical behavior is specifically defined by the ABS to include lying, cheating, disclosing examination content or in any other way failing to abide by examination policies as stipulated by the ABS.
This would include the disclosure, publication, reproduction or transmission of ABS examinations, in whole or in part, in any form or by any means, verbal or written, electronic or mechanical, for any purposes, including in any examination review course. This also extends to sharing examination information or discussing an exam while still in progress or at any time thereafter.
Unethical behavior also includes the possession, reproduction, or disclosure of materials or information, including exam questions or answers or specific information regarding the content of the examination, before, during or after the examination. This definition specifically includes the recall and reconstruction of examination questions by any means and such efforts may violate federal copyright law.
Individuals exhibiting such behaviors may:
- have their examination scores canceled.
- be permanently barred from taking ABS examinations.
- be permanently barred from the ABS certification process.
- be reported to state medical boards, and/or legally prosecuted under state or federal law, including theft, fraud, and copyright statutes.
All such determinations shall be at the sole discretion of the ABS.
All applicants, examinees, candidates, and diplomates must fully cooperate in any ABS investigation into the validity, integrity, or security of ABS examinations. All ABS examinations are copyrighted and protected by law. The ABS will prosecute violations to the full extent provided by law and seek monetary damages for any losses incurred.
Appropriate Use of ABS Credentials and Logo
A diplomate must only represent their ABS certification as qualification of knowledge and/or skills that are directly related to the diplomate’s ABS certification.
ABS-certified surgeons may not:
- Use ABS certification to advertise board certification credentials for clinical practice areas that are outside of what the ABS determines as the scope of practice for surgery.
- Promulgate inaccurate or false information that is contrary to the interests of patients and/or adversely impacts public safety.
The seal of the ABS is a registered trademark and may not be copied, reproduced, or used in any way without prior consent from the ABS. Use of the ABS seal or logo for promotional purposes on websites, brochures, letterhead, etc., by diplomates, institutions or others is not permitted under any circumstances.
Diplomates may only use ABS certification in the context of certification that is under the purview of the ABS.