Navigating Legal and Political Challenges to Promoting Equity and Enforcing Conduct Codes

Description: A turbulent political and legal environment constrains the ability of specialty boards to set standards for training and practice, pursue equity goals, and enforce ethical conduct codes.

The health system has embraced a collective commitment to promote equity. However, the June 2023 Supreme Court decision prohibiting affirmative action in higher education prompted other legal challenges to equity initiatives. In addition to litigation challenges, legislative proposals to eliminate Diversity, Equity, and Inclusion (DEI) initiatives in publicly funded institutions are proliferating.

Meanwhile, dozens of bills have been introduced in state legislatures to permit care contrary to professional standards and limit the ability of licensing boards to discipline physicians for the spread of medical misinformation. One state enacted a statute imposing adverse consequences on private certifying bodies for similar disciplinary actions.

Legislative restrictions on abortion and gender-affirming care have created their own challenges. Since the Supreme Court’s decision in Dobbs v. Jackson, twenty-four states have enacted or begun enforcing statutes prohibiting abortion care that had been lawful pre-Dobbs. “Medical conscience” bills introduced in seven states and enacted in two states empower physicians to withhold information from pregnant patients about treatment options and to decline to refer them to another source of care, in violation of professional ethical guidelines.

This session will explore these challenges and discuss strategies for preserving care standards and enforcing conduct codes. Examples will be presented by the moderator and discussed by a panel including a certification law attorney and executives from two ABMS Member Boards.