American Board of Radiology removes controversial clause that waived physicians’ legal rights

The American Board of Radiology announced that it is removing a controversial provision from its forms that had physicians agreeing to waive their legal rights as part of maintaining certification.

In an April 24 blog post, the nonprofit said “in response to concerns,” it has updated materials that docs must sign when first logging into the ABR system. Notably, new documents remove any language stipulating that rads would waive their legal rights and consent not to pursue litigation against the board as part of MOC.

“Anyone who agreed to the previous terms need not sign the updated agreement; the new terms will be grandfathered in,” ABR noted last week. “We regret the errors that led to the posting of the original agreement, and we apologize for the resultant confusion.”

ABR has come under fire recently for its alleged lack of transparency, monopolistic practices, and the absence of peer-reviewed studies to prove its MOC processes are worth the investment. A Tennessee physician is currently suing the board, alleging it has amassed $90 million from fees while providing little benefit to radiologists.

Ben White—a Texas neuroradiologist, blogger and outspoken ABR critic—pointed out the indemnity provision in an April 22 post while urging the board to reconsider its change.

“Flush this steaming turd back where it came from, including for those who already signed it, and then create a new reasonable agreement, preferably with stakeholder involvement,” White wrote.