POST PRANDIUM SESSION

1. POST PRANDIUM SESSION JOSEPH A. PROCACCINO, JR. LEGAL ADVISOR TO THE SURGON GENERAL UNITED STATES AIR FORCE

2. ACTIONES CONTRARII OPPORTUNITAS PERSPECULARI IN MUNDUM RATIONIS FACTAE SUNT POSTQUAM ACTIONES AUT PRAETERMISSIONES MEDICORUM ADDUCENT DAMNUM BENEFICII IN VALETUDINARIIS (Homo inhabilis) (Homo nefarius) - “epi dhlhsei de kai adikihi eirxein” - “ΓΝΩΘΙ ΣΑΥΤΟΝ” - “Iσον εστίν οργή και θάλασσα και γυνή” - “FORSAN ET HAEC OLIM MEMINESSE IUVABIT…” ORATORES IN HOC CONVENU: JOSEPH A. PROCACCINO, JR. – FACILITATOR MEGHAN SNIDE – Copiae Aeronauticae SHARON JOHNSTON – Negotii Veteranorum ENRIQUE MENDEZ – Exercitus MARCIE AUCLAIR – Classis

3. PROFESSIONAL MISCONDUCT:THE QUESTION OF DEFINITION AND OF CLINICAL IMPACTFEDERAL SECTOR HEALTH LAW SYMPOSIUM – USUHSMMIX JOSEPH A. PROCACCINO LEGAL ADVISOR TO THE SURGEON GENERAL UNITED STATES AIR FORCE HQ USAF/SGJ

4. PROFESSIONALISM AND DEFINING WHAT IS PROPER CONDUCT QUESTIONS OF MORAL TURPITUDE DISTINGUISHING PERSONAL FROM PROFESSIONAL CONDUCT AVOIDING THE APPEARANCE OF IMPROPRIETY

5. DEFINING THE TERMS PROFESSIONAL RELATED TO CLINICAL PRACTICE ACTUAL POTENTIAL MISCONDUCT ACTUAL PERCEIVED? EFFECT ON PATIENTS/STAFF/FACILITY

6. THE GRAY AREAS • VERBALLY/EMOTIONALLY ABUSIVE PERSONALITY • UNIQUE UCMJ ISSUES • DILEMMAS OF VARYING STATE LAWS/CODES OF ETHICS • INTERPERSONAL RELATIONSHIPS • PRIVACY ISSUES: OFFICE VS HOME

7. DETERMINATION DECISION AS TO RELATING PROFESSIONAL MISCONDUCT TO ADVERSE ACTION ALLOWANCE FOR DISCRETION CRITICAL ISSUE: REASONABLENESS

8. THE BALANCE TEST FAIRNESS TO PROVIDER SAFETY OF PATIENT/STAFF BOTH INTERESTS SHOULD BE CAREFULLY WEIGHED, BUT THE SCALE SHOULD TILT MORE HEAVILY ON THE SIDE OF PATIENT/STAFF/FACILITY SAFETY AND WELFARE

9. CASE STUDY POLICE REPORT – ALFREDO FETTUCINI , MAJOR USAF MC SILVAN COUNTY DATE OF COMPLAINT: 5 MAY 2006 LOCATION: WILDWOOD PARK REPORTING OFFICER: OFFICER CANNOLI AT APPROXIMATELY 143O HRS ON 5 JUNE 2005, OFFICER RESPONDED TO COMPLAINT BY TWO FEMALES, AGE 16 AND 15, THAT SUSPECT IDENTIFIED AS ALFREDO FETTUCINI, AGE 34, OF HAPPYDALE CITY, EXPOSED HIMSELF TO THEM IN THE SOUTHERN EDGE OF WILDWOOD PARK. FEMALES, BOTH GIRL SCOUTS WHO WERE PART OF A GROUP CAMPING ABOUT 500 FEET NORTH OVER A HILL, HAD BEEN WALKING IN THE WOODS LOOKING FOR KINDLING FOR A CAMPFIRE. THEY REPORTED THAT SUSPECT FETTUCINI WAS STANDING NEXT TO A TREE, WITH HIS PANTS DOWN AND HIS GENITALIA EXPOSED. HE WAS FACING THEM, AND “THRUST” THE LOWER PART OF HIS BODY OUT TOWARD THEM. WHEN THEY SCREAMED, HE SMILED, AND THEN SHOUTED FOR THEM TO WAIT AND STARTED TOWARDS THEM. THE FEMALES RAN BACK TO THE CAMP WHERE OFFICER CANNOLI WAS MEETING WITH THE GIRLSCOUT GROUP. OFFICER CANNOLI PROCEDED TO THE SITE WHERE THE SUSPECT WAS REPORTED AND OBSERVED A WHITE MALE IN CAMPING FATIGUES, TUCKING HIS SHIRT INTO HIS PANTS AND PULLING UP HIS ZIPPER.

10. CASE STUDY CONT’D WHEN CONFRONTED, THE SUSPECT IDENTIFIED HIMSELF AS AN AIR FORCE PHYSICIAN AT HIGHFLIGHT AFB MEDICAL CENTER, WHERE HE WORKS IN THE PEDIATRICS DEPARTMENT. SUSPECT ADMITTED TO HAVING HIS PANTS DROPPED, BUT CLAIMED THAT HE WAS PREPARING TO URINATE AGAINST THE TREE. OFFICER CANNOLI DID NOT OBSERVE EVIDENCE OF URINATION, AND SUSPECT CLAIMED THAT HE WAS SO SURPRISED BY SEEING THE FEMALES, HE LOST THE URGE TO URINIATE AND DECIDED INSTEAD TO DRESS HIMSELF. SUSPECT HAD CONSTRUCTED A PUP TENT APPROXIMATELY 20 FEET FROM THE TREE HE WAS AT, AND CLAIMED HE HAD COME TO CAMP OVERNIGHT. HE CLAIMED HE WAS UNAWARE THAT ANYONE WAS IN THE VICINITY WHEN HE DECIDED TO RELIEVE HIMSELF. HE DENIED ANY PURPOSEFUL INTENT TO EXPOSE HIMSELF TO THE FEMALES, AND WHEN HE SAW THEY WERE SURPRISED BY HIS PRESENCE, HE CALLED TO THEM SO HE COULD EXPLAIN WHAT HE WAS DOING. SUSPECT FETTUCINI WAS ARRESTED FOR INDECENT EXPOSURE, READ HIS RIGHTS, AND BROUGHT TO COUNTY COURTHOUSE, WHERE HE PLED GUILTY, PAID A $50 FINE IN LIEU OF A COURT APPEARANCE, AND WAS RELEASED. SUSPECT INDICATED HE WAS RETURNING TO HIGHFLIGHT AFB IMMEDIATELY AS HE WANTED TO PUT THE ENTIRE INCIDENT BEHIND HIM.

11. CASE STUDY CONT’D OTHER INFORMATION PARENTS OF GIRL SCOUTS WROTE LETTERS TO BASE COMMANDER COMPLAINING OF ACTIONS OF MAJ FETTUCINI REVIEW OF MAJ FETTUCINI’S RECORDS INDICATE NO PRIOR HISTORY OF ARRESTS OR COMPLAINTS, BUT TWO INSTANCES REPORTED AT HIS LAST ASSIGNMENT WHERE COLLEAGUES NOTED THAT HE TOOK “MORE TIME THAN THE NORM” WHEN HE EXAMINED HIS PATIENTS. THIS WAS, HOWEVER, ATTRIBUTED TO HIS PROFESSED DESIRE TO BE “METICULOUS” WITH HIS EXAMS. MAJ FETTUCINI IS DIVORCED. HIS WIFE HAS CUSTODY OF THEIR TWO CHILDREN. BOTH GIRL SCOUTS ARE HONOR STUDENTS AT DE PROFUNDIS HIGH SCHOOL.