Bylaws of the Medical Staff of Washington Adventist Hospital Approved by the Governing Board: July 15, 2014 Approved by the Medical Staff: June 18, 2014 Amendments Approved by the Medical Staff: December 10, 2014; June 16, 2015; May 24, 2016; November 1, 2016; November 14, 2017 Amendments Approved by the Governing Board: December 16, 2014; June 15, 2015; June 7, 2016; November 15, 2016; December 5, 2017 BYLAWS OF THE MEDICAL STAFF OF WASHINGTON ADVENTIST HOSPITAL TABLE OF CONTENTS 1. DEFINITIONS/CONSTRUCTION OF TERMS AND HEADINGS…………………………… 2 2. NAME, PURPOSES & RESPONSIBILITES…………………………………………………….. 5 3. APPOINTMENT/REAPPOINTMENT…………………………………………………………… 7 4. CATEGORIES OF THE MEDICAL STAFF……………………………………………………. 35 5. CLINICAL PRIVILEGES…………………………………………………………………………. 42 6. CORRECTIVE ACTIONS………………………………………………………………………… 50 7. HEARING AND APPELLATE REVIEW PROCEDURES…………………………………….. 57 8. MEDICAL STAFF OFFICERS…………………………………………………………………… 66 9. CLINICAL DEPARTMENTS AND SECTIONS……………………………………..………… 72 10. FUNCTIONS AND COMMITTEES……………………………………………………………… 78 11. MEETINGS………………………………………………………………………………………… 92 12. CONFIDENTIALITY, IMMUNITY AND RELEASE………………………………………….. 94 13. ADOPTION AND AMENDMENT AND GENERAL PROVISIONS………………………….. 96 1 1. ARTICLE ONE: DEFINITIONS/CONSTRUCTION OF TERMS AND HEADINGS 1.1. DEFINITIONS The following terms shall have the meanings as set forth below, unless the context clearly indicates otherwise. Some of the terms defined below are not capitalized when used throughout these Bylaws. Administration: The executive members of the Hospital staff, including the Hospital President, Vice President- Operations, Chief Financial Officer (CFO), Chief Nursing Officer (CNO), Chief Medical Officer (CMO), and Associate Vice President of Quality and Patient Care. Advanced Practice Professional (APP): An individual, other than those defined under “Practitioner,” who provides direct patient care services in the Hospital under a defined degree of supervision, exercising judgment within the areas of documented professional competence and consistent with applicable law. APPs are designated by the Governing Board to be credentialed through the Medical Staff system and are granted clinical privileges as either a dependent or independent healthcare professional as defined in these Bylaws. APPs are not eligible for Medical Staff membership. The Governing Board has determined the categories of individuals eligible for clinical privileges as an APP are physician assistants (PA), certified registered nurse anesthetists (CRNA), certified nurse midwives (CNM), clinical psychologists (Ph.D.) and certified registered nurse practitioners (CRNP). Applicant: An individual who has submitted a complete application for appointment, reappointment or clinical privileges. Board Certification or Board Certified: A designation for a Physician or other Practitioner who has completed an approved educational training program and an evaluation process, including an examination designed to assess the knowledge, skills and experience necessary to provide quality patient care in that specialty and has maintained certification as appropriate. The appropriate board certification shall be determined by the Department to which the Practitioner is assigned. Board Certification Candidate: A Practitioner who has successfully completed a residency or fellowship program for the Practitioner‘s specialty and who is able to provide proof that he/she is an active candidate for Board Certification in accordance with the requirements of the applicable Department. Bylaws: The Bylaws of the Medical Staff, unless otherwise specifically stated. Clinical Privilege/Privilege: The permission granted by the Governing Board to appropriately licensed individuals to render specifically delineated professional, diagnostic, therapeutic, medical, surgical, psychological, dental, or podiatry services in the Hospital. Privileges shall be setting-specific, meaning that the privileges granted shall be based not only on the applicant‘s qualifications, but also a consideration of the Hospital‘s capacity and capability to deliver care, treatment, and services within a specified setting. Contract Practitioner: A Practitioner providing care or services to Hospital patients through a contract or employment. Dentist: An individual, who has received a doctor of dental surgery or a doctor of dental medicine degree from a dentistry program accredited by the Commission on Dental Accreditation and has a current, unrestricted license to practice dentistry. Department: A clinical grouping of members of the Medical Staff in accordance with their specialty or major practice interest, as specified in these Bylaws. Dependent Healthcare Professional: An individual who is permitted both by law and by the Hospital to provide patient care services under the direction or supervision of an independent practitioner, within the scope of the individual‘s license and in accordance with a Hospital-approved scope of practice. 2 Executive Committee/Medical Executive Committee (MEC): The Medical Executive Committee of the Medical Staff, unless otherwise specifically stated. Ex Officio: Service as a Member of a body by virtue of an office or position held, and unless otherwise expressly provided, means without voting rights. Fair Hearing Plan: The fair hearing plan as approved by the Medical Executive Committee and the Governing Board and incorporated into these Bylaws and the Hospital’s corporate bylaws. Federal Health Care Program: Any plan or program that provides health benefits, whether directly, through insurance, or otherwise, which is funded directly, in whole or in part, by the United States Government or a State health care program (with the exception of the Federal Employees Health Benefits Program). The most significant Federal health care programs are Medicare, Medicaid, Blue Cross Federal Employee Program, TriCare and the Veterans programs. Governing Board/Board: The Governing Board of the Hospital, as defined in the Hospital’s corporate bylaws. GSA List: The General Service Administration‘s List of Parties Excluded from Federal Programs. Healthcare Professional: An individual licensed, certified, or registered by the State, or otherwise permitted, through virtue of completion of a course of study and possession of skills in a field of health, to provide health care to patients. Hospital: Adventist HealthCare, Inc. d/b/a Washington Adventist Hospital. As the term is used in these Bylaws, it shall mean all of the facilities, services, and locations licensed or accredited as part of the Hospital, which is an organization inclusive of the Medical Staff. Hospital President: The chief administrative officer of the Hospital or his/her designee. Ineligible Person: Any individual who: (1) is currently excluded, suspended, debarred, or otherwise ineligible to participate in Federal health care programs; or (2) has been convicted of a criminal offense related to the provision of health care items or services but has not yet been excluded, debarred, or otherwise declared ineligible; or (3) is currently excluded on a state exclusion list. License: An official or a legal permission, granted by a competent authority, usually public, to an individual to engage in a practice, an occupation or an activity otherwise unlawful. License Status: Indicates the status of the practitioner‘s license, which is issued by the State licensure board. The categories defined by the State board are: • active—full and unrestricted license to practice • inactive—practitioner is not practicing, but reserves the right to activate their license in the future • expired—no longer valid for use • revoked—disciplinary action prohibits practice • restricted—board imposed limitation on practice • suspended—board prohibits practice for a period of time as specified by the board Licensure: A legal right that is granted by a governmental agency in compliance with a statute governing the activities of a profession. Medical Staff: The Medical Staff is the term referring to the Practitioners designated by the Governing Board to be eligible for Medical Staff membership and who are credentialed and privileged to provide professional healthcare services. The Board has determined that the categories of Practitioners eligible for Medical Staff membership are Physicians, maxillofacial/oral surgeons, dentists, and podiatrists. The Medical Staff is an integral part of the Hospital and is not a separate legal entity. 3 Medical Staff President: A Member of the active Medical Staff who is elected in accordance with these Bylaws to serve as chief officer of the Medical Staff of this Hospital. The Medical Staff President shall be a doctor of medicine or osteopathy. Medical Staff Services: The Hospital employees assigned the responsibility for processing applications for Medical Staff appointments, reappointments, and requests for clinical privileges, and for maintaining documents related to the credentialing process. Medical Staff Services responsibilities are assigned by Administration and the Hospital employee(s)/contractor who works in the Medical Staff Services is accountable to Administration. The documents maintained by the Medical Staff Services are the property of the Hospital. Medico-Administrative Practitioner: A Practitioner who is under contract, employed by, or otherwise engaged by the Hospital on a full time or part time basis, whose responsibilities may be both administrative and, if permitted by State law, clinical in nature. Clinical duties may relate to direct medical care of patients and/or supervision of the professional activities of individuals under such Practitioner‘s direction. Member: A Practitioner who has been granted and maintains Medical Staff membership and whose membership is in good standing pursuant to these Bylaws. Membership: The approval granted by the Governing Board to a qualified Practitioner to be a Member of the Medical Staff of the Hospital. OIG Sanction Report: The HHS/OIG List of Excluded Individuals/Entities. Peer: An individual from the same discipline (for example, physician and physician, dentist and dentist) and with essentially equal qualifications. Peer Review: The concurrent or retrospective review of an individual‘s behavior and performance of clinical professional activities by peer(s) through formally adopted written procedures that provide for adequate notice. With reference to Practitioners and Advanced Practice Professionals, written procedures for peer review are part of these Bylaws. Physician: A doctor of medicine or osteopathy legally authorized to practice medicine and surgery by the State in which he/she performs such function or action. Podiatrist: A doctor of podiatric medicine legally authorized to practice podiatry by the State in which he performs such function or action. Practitioner: An individual who is permitted by both the applicable state law(s) and by the Hospital to provide patient care services without direction or supervision, within the scope of the individual‘s license and in accordance with individually granted clinical privileges. The Governing Board has determined that the categories of individuals eligible for clinical privileges as a Practitioner are Physicians, maxillofacial/oral surgeons, dentists, podiatrists, and licensed psychologists. Proctor: The proctor who is designated and who represents the Medical Staff and is responsible to the Medical Staff in assessing clinical skills in this Hospital. Proctoring: The process of objectively evaluating a Practitioner’s actual clinical skills in providing patient care in this Hospital. Rules and Regulations: The Rules and Regulations of the Medical Staff, including those of its Departments and Sections, as approved by the Medical Executive Committee and the Governing Board. Section: A clinical sub-grouping of members of a Medical Staff Department in accordance with their subspecialty or specialized practice interest, as specified in these Bylaws. Staff: Unless otherwise specifically stated, the Medical Staff of this Hospital. 4 State: Unless context indicates otherwise, the State of Maryland. Telemedicine: Medical practice is defined as any contact that results in a written or documented medical opinion and affects the medical diagnosis or medical treatment of a patient. Telemedicine is the practice of medicine through the use of electronic communication or other communication technologies to provide or support clinical care at a distance. Joint Commission and the American Telemedicine Association define telemedicine as the use of medical information exchanged from one site to another via electronic communications for the health and education of the patient or healthcare provider and for the purpose of improving patient care, treatment and services. Any person providing telemedicine services to Hospital patients must be appropriately licensed in the State. Unprofessional or Inappropriate Conduct: Conduct that adversely impacts the operation of the Hospital, affects the ability of others to get their jobs done, creates a hostile work environment for Hospital employees or other individuals working in the Hospital, or begins to interfere with the individual‘s own ability to practice competently. Such conduct may include disruptive, rude or abusive behavior or comments to staff members or patients, negative comments to patients about other physicians, nurses or other staff or about their treatment in the Hospital, threats or physical assaults, sexual harassment, refusal to accept medical staff assignments, disruption of committee or departmental affairs, or inappropriate comments written in patient medical records or other official documents. 1.2. CONSTRUCTION OF TERMS AND HEADINGS All pronouns and any variations thereof in these Bylaws and Rules and Regulations shall be deemed to refer to the masculine, feminine, or neuter, singular or plural, as the identity of the person or persons may require, unless the context clearly indicates otherwise. 2. ARTICLE TWO: NAME, PURPOSES & RESPONSIBILITIES 2.1. NAME The name of the Medical Staff shall be the Medical Staff of Washington Adventist Hospital. 2.2. PURPOSES AND RESPONSIBILITIES The purpose and responsibilities of the Medical Staff are: 2.2.1. To provide a formal organizational structure through which the Medical Staff shall carry out its responsibilities and govern the professional activities of its members and other individuals with clinical privileges, and to provide mechanisms for accountability of the Medical Staff to the Governing Board. These Bylaws shall reflect the current organization and functions of the Medical Staff. 2.2.2. To provide patients with the quality of care that is commensurate with acceptable standards and available community resources; 2.2.3. To collaborate with the Hospital in providing for the uniform performance of patient care processes throughout the Hospital. 2.2.4. To serve as a primary means for accountability to the Governing Board concerning professional performance of Practitioners and others with clinical privileges authorized to practice at the Hospital with regard to the quality and appropriateness of health care. This shall be provided through leadership and participation in the quality assessment, performance improvement, risk management, case management, utilization review and resource management, and other Hospital initiatives to measure and improve performance. 5 2.2.5. To provide mechanisms for recommending to the Governing Board the appointment and reappointment of qualified Practitioners, and making recommendations regarding clinical privileges for qualified and competent Healthcare Professionals. 2.2.6. To provide education that will assist in maintaining patient care standards and encourage continuous advancement in professional knowledge and skills; 2.2.7. To adopt Rules and Regulations for the proper functioning of the Staff, and the integration and coordination of the Staff with the functions of the Hospital; 2.2.8. To provide a means for communication and conflict management with regard to issues of mutual concern to the Staff, Administration, and the Governing Board, 2.2.9. To participate in identifying community health needs and establishing appropriate institutional goals; 2.2.10. To assist the Governing Board by serving as a professional review body in conducting professional review activities, which include, without limitation, focused professional practice evaluations, ongoing professional practice evaluations, quality assessment, performance improvement, and peer review. 2.2.11. To pursue corrective actions with respect to members of the Medical Staff or those individuals granted clinical privileges, when warranted. 2.2.12. To monitor and enforce compliance with these Bylaws, Rules and Regulations, and Hospital policies. 2.2.13. To maintain compliance of the Medical Staff with regard to applicable accreditation requirements and applicable Federal, State, and local laws and regulations. 2.3. ORGANIZED HEALTH CARE ARRANGEMENT; HIPAA COMPLIANCE. 2.3.1. The Hospital and all members of the Medical Staff shall be considered members of, and shall participate in, the Hospital‘s Organized Health Care Arrangement ("OHCA") formed for the purpose of implementing and complying with the Standards for Privacy of Individually Identifiable Health Information promulgated by the U.S. Department of Health and Human Services pursuant to the Administrative Simplification provisions of HIPAA. An OHCA is a clinically integrated care setting in which individuals typically receive health care from more than one healthcare provider. An OHCA allows the Hospital to share information with the Physicians and the Physicians’ offices for purposes of payment and practice operations. The patient will receive one Notice of Privacy Practices during the Hospital‘s registration or admissions process, which shall include information about the Organized Health Care Arrangement with the Medical Staff, Physicians, Advanced Practice Professionals with clinical privileges or practice prerogatives and Dependent Healthcare Professionals. Each Medical Staff member, each Physician with interim, emergency or disaster relief privileges, Advanced Practice Professional with clinical privileges or practice prerogatives and Dependent Healthcare Professional agrees to comply with the Hospital‘s policies as adopted from time to time regarding the use and disclosure of individually identifiable health information ("IIHI") and protected health information ("PHI"), as those terms are defined by HIPAA or as any similar terms are defined by more stringent state law (collectively, "IIHI/PHI"). 6 3. ARTICLE THREE: APPOINTMENT/REAPPOINTMENT 3.1. NATURE OF MEMBERSHIP AND GENERAL QUALIFICATIONS The Medical Staff includes fully licensed Physicians and other Practitioners permitted by law and by the Hospital to provide patient care independently within the Hospital, and whom the Governing Board appoints. Staff membership is a privilege extended by the Hospital, and not a right of any Physician, Practitioner or other person. Membership and/or the permission to exercise clinical privileges shall be extended only to individuals who continuously meet the requirements of these Bylaws. 3.1.1. GENERALLY. Patients may be admitted to the Hospital only on the orders of a Physician. All Hospital patients must be under the care of a Member of the Medical Staff or under the care of a practitioner who shall be directly under the supervision of a Member of the Medical Staff. All patient care shall be provided by or in accordance with the orders of a practitioner who meets the Medical Staff criteria and procedures for the privileges granted, who shall have been granted privileges in accordance with those criteria by the Governing Board, and who shall be working within the scope of those granted privileges. Appointment to the Staff or granting of clinical privileges shall confer on the individual only such prerogatives of membership that are granted by the Governing Board based on their approval of the individual‘s Staff category or as are afforded to APPs when clinical privileges are granted to an individual in this category. For purposes of these Bylaws, “membership in” is used synonymously with “appointment to” the Staff. The granting of membership or approval of appointment does not automatically confer clinical privileges. The Governing Board has determined the categories of healthcare professionals eligible for Staff membership and/or clinical privileges, as defined in these Bylaws. The specific mechanism for appointment, reappointment, and for granting, renewing, or revising clinical privileges is fully documented in these Bylaws, and has been approved and implemented by the Medical Staff and the Governing Board. All Medical Staff members and individuals with clinical privileges are subject to these Bylaws and Rules and Regulations. Only those individuals possessing all of the following qualifications shall be eligible for appointment to the Staff or clinical privileges, and these professional criteria shall apply uniformly to all applicants. 3.1.2. LICENSURE. The applicant must possess a current, active (as defined in these Bylaws) license in the State of Maryland for the practice of medicine, dentistry, podiatry or as an Advanced Practice Professional. If the applicant is a telemedicine provider located in a different state, the applicant must also possess licensure in that state and Maryland. The applicant shall also be required to provide information related to any current or past licensure as a healthcare professional in any other States. 3.1.3. CONTROLLED SUBSTANCE REGULATION. To have prescribing privileges for controlled substances, the applicant must possess a current Maryland CDS permit and a federal Drug Enforcement Administration (DEA) registration for the State of Maryland. Prescribing privileges shall be limited to the classes of drugs granted to the applicant by the DEA and State and may be further limited by the Medical Staff through the delineation of medication prescribing privileges based on the scope of practice and current competence of the applicant. Pathologists need not have prescribing privileges. 3.1.4. PROFESSIONAL EDUCATION AND TRAINING. The applicant must have graduated from a School of Medicine accredited by the Association of American Medical Colleges or the American Association of Colleges of Osteopathic Medicine, or a School of Dentistry accredited by the Commission on Accreditation of the American Dental Association, or a School of Podiatry accredited by the Council on Podiatric Medical Education of the American Podiatric Medical Association, or other accredited school appropriate to his/her profession. If the applicant is a physician who is a foreign medical graduate, he/she must have successfully completed the Education Commission for Foreign Medical Graduate (ECFMG) verification of graduation from a foreign medical school. An applicant Practitioner must also have successfully completed a residency program that is accredited by the Accreditation Council for Graduate Medical Education (ACGME) for allopathic physicians or AOA for osteopathic physicians, or that is accredited by the American Dental Association for dentists, or that is accredited by the Council on Podiatric Medical Education for podiatrists, and the residency must be in the field of specialty for which the 7 Practitioner requests clinical privileges. Unless the applicant has graduated from a residency or fellowship program within 12 months of submitting an application, the applicant shall document his/her participation in continuing education as related to the clinical privileges requested. Participation in continuing education may be considered when making decisions about clinical privileges. 3.1.5. CURRENT COMPETENCE, EXPERIENCE AND JUDGEMENT. The applicant must document his/her current clinical competence, experience and judgment with sufficient adequacy, as determined at the discretion of the Medical Executive Committee and the Governing Board, to demonstrate that patients receiving healthcare services from him/her will receive care of the generally recognized professional level of quality and efficiency established by the Hospital. Evidence of current competence and experience shall include, but shall not be limited to, responses to related questions provided in information from training programs, peers, and other facility affiliations. In the case of an applicant for reappointment, evidence of current competence and experience shall also include, but not be limited to, documentation of continuing medical education, the results of performance improvement and peer review, and recommendation(s) provided by Department Chair(s). 3.1.6. BOARD CERTIFICATION. An applicant Practitioner must demonstrate current Board Certification, or provide proof of being a Board Certification Candidate as defined in these Bylaws, as determined by the Department in which the applicant is seeking Privileges. Any Member in good standing as of June 18, 2014 is deemed to have met applicable Board Certification requirements. 3.1.7. CONDUCT/BEHAVIOR. The applicant must be able to demonstrate the ability to work cooperatively with others and to treat others within the Hospital with respect. Evidence of ability to display appropriate conduct and behavior shall include, but shall not be limited to, responses to related questions provided in information from training programs, peers, the peer review process, and other facility affiliations; in addition, the applicant shall cooperate with a team approach to caring for patients and will communicate effectively with team members. Applicants must also cooperate with the peer review, quality assurance, and credentialing processes. In the case of an applicant for reappointment, evidence of ability to display appropriate conduct and behavior shall also include, but not be limited to, a review of conduct during the previous term(s) of appointment and recommendation(s) provided by Section and Department Chair(s). 3.1.8. PROFESSIONAL ETHICS AND CHARACTER. By virtue of applying for medical staff membership or clinical privileges, and agreeing to abide by the Medical Staff Bylaws, the applicant shall be bound to adherence to the code of ethics of his/her professional discipline (e.g., the Principles of Medical Ethics of the American Medical Association, the American Osteopathic Association, the Code of Ethics of the American Dental Association, the Code of Ethics of the American Podiatry Association, or the ethical standards governing the applicant‘s practice if it is not listed). The applicant shall also agree to abide by the code of ethical business and professional behavior of this Hospital. 3.1.9. HEALTH STATUS/ABILITY TO PERFORM. The applicant shall possess the ability to perform the clinical privileges requested. In the event that the applicant has a physical or mental health issue that adversely affects his/her ability to practice within the clinical privileges requested, the applicant shall notify the Medical Staff President. Upon receipt of such notification, the Medical Staff President will meet with the applicant to determine the extent of the health issue. If it is determined that the health issue has the potential to adversely affect the applicant‘s ability to perform the essential functions of the clinical privileges requested, the Medical Staff President and applicant will discuss whether there is a reasonable accommodation that would enable the applicant to perform such functions. If reasonable accommodation is necessary, the Hospital will provide such accommodation to the extent required by law, or if not so required, as determined to be appropriate within the sole discretion of the Hospital. 3.1.10. COMMUNICATION SKILLS. The applicant shall possess an ability to communicate in English in an understandable manner sufficient for the safe delivery of patient care (as determined in the sole discretion of the Hospital), both verbally and in writing. Hospital records, including patients’ medical records, shall be recorded in a legible fashion, in English. 3.1.11. PROFESSIONAL LIABILITY INSURANCE. The applicant shall maintain professional liability insurance coverage, either through an insurance carrier authorized by the State of Maryland as a licensed provider of 8 professional malpractice insurance or by a program of insurance that is deemed adequate by the Hospital administration. Such coverage must extend to the clinical privileges requested by the applicant and must have limits of at least $1,000,000for each claim and $3,000,000 in aggregate. An applicant for Medical Staff membership only, with no clinical privileges, is not required to provide proof of professional liability insurance coverage. 3.1.12. ELIBILITY TO PARTICIPATE IN FEDERAL PROGRAMS. The individual shall not currently be an Ineligible Person and shall not become an Ineligible Person, as defined in these Bylaws, during the term of an appointment or granting of clinical privileges. 3.1.13. CRIMINAL ACTIONS. No individual shall be eligible for or continue to hold medical staff membership or clinical privileges when the individual has a conviction or a plea of guilty, no contest, and/or a debarment from any federal payor program (e.g., Medicare, Medicaid). Any applicant with any other type of criminal action or conviction shall be evaluated on an individual basis. 3.2. HOSPITAL NEED AND ABILITY TO ACCOMMODATE No person shall be appointed to the Staff or shall be granted clinical privileges if the Hospital is unable to provide adequate facilities and support services for the applicant or his/her patients. The Governing Board may decline to accept, or have the Staff review requests for Staff membership and/or particular clinical privileges in connection with appointment, reappointment, the initial granting of clinical privileges, requests for revision of clinical privileges, the renewal of clinical privileges or otherwise on the basis of the following: 3.2.1. AVAILABILITY OF FACILITIES/SUPPORT SERVICES. Clinical privileges shall be granted only for the provision of care that is within the scope of services, capacity, capabilities, and business plan of the Hospital. Prior to granting of a clinical privilege, the resources necessary to support the requested privilege shall be determined to be currently available, or available within a specified time frame. Resource considerations shall include whether there is sufficient space, equipment, staffing, financial resources or other necessary resources to support each requested privilege. 3.2.2 EXCLUSIVE CONTRACTS. The Governing Board may determine, in the interests of quality of patient care and as a matter of policy, that certain Hospital clinical facilities may be used only on an exclusive basis in accordance with written contracts between the Hospital and qualified Practitioners or professional service entities. 3.2.3 MEDICAL STAFF DEVELOPMENT PLAN. The Governing Board may decline to accept applications based on the requirements or limitations in the Hospital‘s Medical Staff development plan which shall be based on identification by the Hospital of the patient care needs within the population served. 3.2.4. EFFECTS OF DECLINATION. Refusal to accept or review requests for Staff membership or clinical privileges based upon Hospital need and ability to accommodate, as described in this section, shall not constitute a denial of Staff membership or clinical privileges and shall not entitle the individual to any procedural rights of hearing or appeal. Any portion of the application which is accepted (e.g., requests for clinical privileges that are not subject to a limitation) shall be processed in accord with these Bylaws. 3.3. EFFECTS OF OTHER AFFILIATIONS No person shall be automatically entitled to Staff membership or to the exercise of clinical privileges merely because he/she is licensed to practice within his/her healthcare profession, is a Member of any professional organization, is certified by any board, or has/had staff membership or clinical privileges in another hospital or health care organization. 3.4. NONDISCRIMINATION No person shall be denied appointment or clinical privileges on the basis of race, creed, color, religion, gender, sexual orientation, gender identity/expression, disability, age, veteran status, political belief or affiliation, ancestry, or national or ethnic origin. 9