NATIONAL ASSOCIATION OF PHYSICIAN RECRUITERS
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NATIONAL ASSOCIATION OF PHYSICIAN RECRUITERS

CODE OF ETHICS AND STANDARDS OF PRACTICE
revised December 2004
Printable Version (Adobe PDF)

For Information on the NAPR Code of Ethics, please click here.

Quick Reference Guide by Selected Topics
Topic Code of Ethics’ Section
Advertising, Marketing and Other Communications IV. Ethical Rules, D. (General Section)
Appeal of Ethics Committee’s Decision VI. Grievance Procedures, D., 1., 2., 3., 4.
Candidate Involvement in Disputes IV. Ethical Rules, E. 2.
Candidate Skills IV. Ethical Rules, A., 5., 15.
Candidate Referral IV. Ethical Rules, A., 4., B., 3., 4., E., 16., 18.
Candidate Withdrawal IV. Ethical Rules, A., 17.
Candidate’s Relations With Recruiters (Recommended) IV. Ethical Rules, C. (General Section)
Caution VII. Sanctions and Definitions, A.
Confidentiality IV. Ethical Rules, A., 2., B., 8,. 11., E., 20.
Client Contract IV. Ethical Rules, A., 6.
Contracts IV. Ethical Rules, A., 13. E., 4.
Corrective Action(s) VII. Sanctions and Definitions, F.
Defamation IV. Ethical Rules, E., 8.
Definitions III. Definitions
Discrediting the Competition IV. Ethical Rules, E., 7., 8.
Discrimination IV. Ethical Rules, D., 6., E. 13.
Disputes With Other Firms IV. Ethical Rules, E., 2.,
V. Ethics Committee, 1., a., C.
Ethical Rules IV. Ethical Rules (General Section)
Ethics Committee V. Ethics Committee (General Section)
Ethics Committee Complaint V. Ethics Committee, D., 1., a., d.,
VI. Grievance Procedures, A., 1., 2., 3., 5.
Ethics Committee Composition V. Ethics Committee, B.
Ethics Committee Cooperation with Investigations and Enforcement V. Ethics Committee, D. (General Section)
Ethics Committee Cooperation V. Ethics Committee, D., 1., b., d.
Ethics Committee Determination VI. Grievance Procedures, B. (General Section)
Ethics Committee Effective Sanction Date VI. Grievance Procedures, F.
Ethics Committee Investigation Process VI. Grievance Procedures, C. (General Section)
Ethics Committee Investigator VI. Grievance Procedures, C., 2.
Ethics Committee Member Recusal VI. Grievance Procedures, A., 4.
Ethics Committee’s Decision Notification VI. Grievance Procedures, C., 4.
Ethics Committee’s Grievance Procedures VI. Grievance Procedures (General Section)
Ethics Committee’s Investigation Process VI. Grievance Procedures, C. (General Section)
Ethics Committee’s Respondent’s Response VI. Grievance Procedures, C. 1.
Ethics Committee’s Determination Letter VI. Grievance Procedures, B., 1., a., b., c., d., e.
Ethics Committee’s Responsibility V. Ethics Committee, C.
Ethics Confidentiality VII. Sanctions and Definitions, H.
Expulsion From NAPR VII. Sanctions and Definitions, E.
Fairness and Honesty I. Preamble, IV. Ethical Rules, A., 10., B., 7., E., 1., G., 1., d., e
Federal, State and Local Laws’ Compliance IV. Ethical Rules, A., 6., D., 6., E., 13.
General II. General
Inappropriate Language IV. Ethical Rules, D., 10.
In-House Recruiters Acceptance of Unsolicited Curricula Vitae IV. Ethical Rules, F., 4.
In-House Recruiters Use of Databases IV. Ethical Rules, F. 2., 3.
In-House Recruiters’ Referral Response Time IV. Ethical Rules, F., 1.
In-House Recruiters’ Referrals To Other Entities IV. Ethical Rules, F. 5.
In-House Recruiters’ Tracking System IV. Ethical Rules, F., 1.
Marketing Other Services To Candidates IV. Ethical Rules, D., 4., a., 5.
Marketing Other Services To Members IV. Ethical Rules, D., 4.
Member Employer Responsibilities IV. Ethical Rules, E., 6.
Member Resignation During an Ethics’ Investigation VI. Grievance Procedures, G.
Member Standing VI. Grievance Procedures, G., VII. Sanctions and Definitions, I.
Misleading Advertisements IV. Ethical Rules, D., 1., a., b.
Misrepresenting an Opportunity IV. Ethical Rules, E., 9., 11.
NAPR Services IX. NAPR Services (General Section)
NAPR Services Participants’ Responsibilities IX. NAPR Services, A., 1., 2.
NAPR Services User Agreement Breach IX. NAPR Services
NAPR Services (General Section) IV. Ethical Rules, E., 5., IX. NAPR Services
Networks IV. Ethical Rules, D., 11.
Personal Titles of Recruiters IV. Ethical Rules, D., 7.
Placement Fees From Candidates IV. Ethical Rules, B., 1.
Plagiarizing, Copyright, Theft of Services IV. Ethical Rules, D., 8., 9.
Practice Opportunities IV. Ethical Rules, B., 2., D., 3.
Preamble I. Preamble
Probation VII. Sanctions and Definitions, C.
Procuring or Substantial Cause III. Definitions, 26. V. Ethical Rules, F., 7.
Professional Conduct IV. Ethical Rules, E., 10., 11., 12.
Publication of a Member’s Sanction VII. Sanctions and Definitions, G.
Recruiting Candidates From Your Own Client IV. Ethical Rules, B., 5.
Relations with Candidates IV. Ethical Rules, B. (General Section)
Relations with Clients and Potential Clients IV. Ethical Rules, A. (General Section)
Relations With Other Members, Other Recruitment Firms, Organizations Or Individuals IV. Ethical Rules, E.
Relations With Vendor Members IV. Ethical Rules, G. (General Section)
Relationships Between In-House Recruiters and Recruiting Firms IV. Ethical Rules, F. (General Section)
Reporting a Code Violation IV. Ethical Rules, E., 3., V. Ethics Committee, 1. c., d.
Reprimand VII. Sanctions and Definitions, B.
Right of Representation III. Definitions, IV. Ethical Rules, A., 16.
Ruse III. Definitions, 37., IV. Ethical Rules, A., 10.
Sanctions and Definitions VII. Sanctions and Definitions (General Section)
Split-fee Agreement Contracts IV. Ethical Rules, E., 14.
Split-fee Candidate Referral IV. Ethical Rules, E., 18., 23.
Split-fee Client Confidentiality IV. Ethical Rules, E., 20.
Split-fee Client Contact IV. Ethical Rules, E., 22.
Split-fee Firm Communication IV. Ethical Rules, E., 17.
Split-fee Guarantee IV. Ethical Rules, E., 21.
Split-fee Placement Fee IV. Ethical Rules, E., 19.
Suspension VII. Sanctions and Definitions, D.
Unscreened Candidates IV. Ethical Rules, A., 14.
Unsolicited Referral IV. Ethical Rules, A., 4., E., 15.
Vendor Members’ Confidentiality IV. Ethical Rules, G., 1., c.
Vendor Members’ Contracts IV. Ethical Rules, G., 1., b.
Vendor Members’ Fees IV. Ethical Rules, G. 1., a.
Vendor Members’ Marketing IV. Ethical Rules, G., 3., a., b., 4.
Vendor Members’ Professional Conduct IV. Ethical Rules, G., 2.
Vendor Members’ RestrictionsIV. Ethical Rules, G., 5.
Website Panel V. Ethics Committee, D., 2.,
VIII. Website Panel (General Section)
Website Panel Cooperation V. Ethics Committee, D. 2., a.
Website Panel Members VIII. Website Panel, B.
Website Panel Responsibility VIII. Website Panel, A., C.
World Job Bank User Agreement Breach VIII. Website Panel, C., D.

Quick Navigation

  1. PREAMBLE
  2. GENERAL
  3. DEFINITIONS
  4. ETHICAL RULES
  5. ETHICS COMMITTEE
  6. GRIEVANCE PROCEDURES
  7. SANCTIONS AND DEFINITIONS
  8. WEBSITE PANEL
  9. NAPR SERVICES

I. PREAMBLE

The Code of Ethics is the principles and standards we, of the National Association of Physician Recruiters, have agreed to as a condition of membership. Our commitments, actions and Professional Conduct are reflected in the following Code and represent the manner by which each of our organizations fulfills its obligations to other Members, the general public and to Clients and Candidates. The establishment of these rules of conduct is to positively distinguish our Members and to reflect the pride of our commitment to fulfill the needs of those for whom we provide service.

The National Association of Physician Recruiters recognizes as professionals all individuals who provide physician search and other healthcare services whether they recruit for clients or for their own organizations. The NAPR stresses honesty, objectivity, integrity, quality and competency. Members of NAPR are obligated to conduct business in a manner which reflects positively on the profession and the Association.

II. GENERAL

The National Association of Physician Recruiters was established in 1984 to create and enforce the industry standards which govern the orderly and practical application of its standards within our industry. NAPR’s goal is to establish and maintain clear and effective parameters of behavior for all individuals affected by the industry.

The following Code of Ethics is divided into various sections intended for clarity and organization. However, the principles outlined in each section, whether or not they are expressly stated and repeated in each section, are intended to apply uniformly to all Members as well as those with whom our Members interact.

III. DEFINITIONS
  1. Affiliate: Any organization whose governance, control or voting influence represents common ownership of at least five percent of the related company.
  2. Appeal: That part of the investigative process which follows the Ethics Committee’s decision or the Website Panel’s decision and which allows the Respondent further review of the facts by the Board of Directors.
  3. Board of Directors: The Board of Directors of the National Association of Physician Recruiters.
  4. Candidate: An individual who contacts an NAPR Member, or who is contacted by an NAPR Member for the purpose of securing for him or her a practice or employment opportunity.
  5. Chairperson, Ethics Committee: A Board of Directors’ member who chairs meetings of the Ethics Committee and who is appointed by the NAPR President,.
  6. Chairperson, Website Panel: Appointed by the NAPR President, chairs meetings of the Website Panel.
  7. Client: Any organization which contracts with an NAPR Member to recruit or which utilizes paid services provided by an NAPR Member.
  8. Code: The National Association of Physician Recruiters' Code of Ethics and Standards of Practice.
  9. Complainant: A person or organization who files a Complaint alleging a violation of the Code.
  10. Complaint: A written charge by a Complainant alleging a violation(s) of the Code.
  11. Cooperative Mailing Program: A shared candidate sourcing direct-mail program offered to Members in good standing.
  12. Curriculum Vitae: A summary of a candidate’s personal history and professional qualifications.
  13. Ethics Committee: An independent committee, consisting of a minimum of five (5) active Members, in good standing, which adjudicates Complaints filed with the Committee by Member organizations.
  14. Ethics Committee Investigator: That member of the Ethics Committee assigned by the Chairperson of Ethics to gather and evaluate all relevant information about a specific Complaint filed with the Committee.
  15. Financial Relationship: A relationship with a Client in which any or all of the agreed upon fee or service contract is paid prior to the placement of a Candidate or in which the Client has contractually (oral or written) agreed to reimburse the Firm for any or all costs associated with the search.
  16. In-house Recruiter: An individual who, for the most part, is employed by a healthcare entity wherein their professional activities are in full or part involved in the placement of physicians, administrators or healthcare providers for their own organization.
  17. List Usage Agreement: Legally binding contract between the NAPR and a Member organization outlining the terms and conditions of use for the Cooperative Mailing Program.
  18. Member: An organization, Recruiting Firm, or individual which is a Member of NAPR. A Member in good standing is one who incorporates the foregoing as well as whose membership dues and/or other financial obligations to the NAPR are paid on a timely basis; who is not currently under sanction for any Code violation of Probation, Suspension or Expulsion; and who is not in arrears for payments for any financial obligations due the Association.
  19. NAPR: The National Association of Physician Recruiters.
  20. NAPR Services: That Subsidiary of the NAPR which oversees and administers the cooperative mailing programs as well as other for-profit enterprises.
  21. NAPR Subsidiary: Any company in which NAPR owns or controls all or a majority of the corporate shares.
  22. Password: A unique and confidential series of characters selected by the User that a User must enter to gain access to the NAPR website, the World Job Bank, or another NAPR protected site or service. The Password is linked to the person’s Username and may be utilized only by the authorized User.
  23. Placement Fee: The amount of money owed by a Client following a written offer by the Client and written acceptance of that offer by a Candidate.
  24. Potential Client: Any organization which contemplates contracting with a NAPR Member to recruit or which contemplates contracting for paid services provided by a NAPR Member.
  25. President: Chief elected officer of NAPR.
  26. Procuring or Substantial Cause: A continuous series of events which substantially contributes to the culmination of a placement.
  27. Procuring Agent: An individual or entity responsible for establishing Procuring or Substantial Cause.
  28. Professional Conduct: A desirable pattern of commonly accepted behavior utilized in the deportment of, actions by and communications with other individuals or organizations utilized in the course of conducting one’s business or personal relationships.
  29. Recruiter: An individual whose professional activities are in full or part involved in the placement of physicians, administrators or healthcare providers for their own or other organizations.
  30. Recruiting Firm (Firm): A for-profit company whose professional activities are in full or part involved in the placement of physicians, administrators or healthcare providers.
  31. Referral: A Candidate requested by an organization or a Candidate presented in writing by a NAPR Member to an organization seeking to recruit.
  32. Respondent: An organization, Firm, or individual Member which has allegedly violated the Code.
  33. Right of Representation: A mutually signed document which ascribes the right of the recruiting organization to represent the Candidate on an exclusive basis.
  34. Seeded Name: A fictitious name with background information describing a physician, administrator or healthcare provider which does not exist in any other place or format.
  35. Split-fee Arrangement: The practice of dividing a placement fee between two or more Recruiting Firms.
  36. Subsidiary: Another company controlled by a Member company or NAPR which owns all or a majority of its shares.
  37. Ruse: A trick or scheme for achieving some purpose.
  38. Unsolicited Referral: A Referral of a Candidate to a Client or Potential Client which has not been requested by that Client or Potential Client.
  39. User: A person who is an active Member, in good standing, of the NAPR who is authorized to use the World Job Bank or Cooperative Mailing Program and who performs physician recruitment services on a regular or part-time basis.
  40. User Agreement: Legally binding contract between the NAPR and a Member organization outlining the terms and conditions of use for the World Job Bank.
  41. Username: The confidential name that identifies a User to a computer network; used in conjunction with a Password to establish the User’s right to access the NAPR website or any NAPR secured site; also called Account Name or User ID.
  42. Vendor: A Member of the NAPR, with limited membership benefits, which sells or promotes products or services in part to the NAPR or its Members.
  43. Website Panel: A Panel, independent of the any other NAPR Committee, which investigates alleged breaches of the User Agreement, and which consists of a minimum of five active Members, in good standing, of the NAPR.
  44. World Job Bank: A Password secured area of the NAPR website that provides Users with a venue to list practice opportunities for review by physicians, healthcare providers and administrators and which also allows those registrants to post their Curriculum Vitae for review by Users.

IV. ETHICAL RULES

A. Relations with Clients and Potential Clients

  1. A Member shall reasonably fulfill all agreements made with anyone with whom they conduct business or wish to conduct business.
  2. A Member shall preserve all confidences of a Client or a Potential Client regarding information concerning business practices of the Client, unless expressly directed by the Client to reveal such confidences.
  3. A Member shall not make disparaging remarks about competitors or competing opportunities, or knowingly make a false statement of fact, to a Client or another Member or non-member. A Member shall state to the Client, as accurately as possible, a Candidate’s employment history and qualifications (Curriculum Vitae).
  4. A Member shall not make an unsolicited referral. A Member shall not present or refer, either in person, or by Curriculum Vitae or by name, a Candidate to a Client, a Potential Client or another Firm except at the request of the Client or Firm and only if the Candidate’s Curriculum Vitae is identified in writing, and only with the Candidate’s knowledge and permission; however, a Member may refer a Candidate to multiple opportunities if the Candidate has given the Member expressed permission to do so.
  5. A Member shall thoroughly examine a Candidate’s education, employment history and qualifications before referring such Candidate to a Client, a Potential Client or another Firm unless the Client, Potential Client, Candidate, or Firm has requested otherwise, and shall refer a Candidate to them only if the Candidate generally possesses the qualifications designated by the above mentioned and the Candidate expresses an interest in the opportunity.
  6. A Member shall negotiate all financial arrangements with a Client or a Potential Client or another Recruiting Firm prior to any formal agreement and shall memorialize such agreement in writing, to include, but not limited to all conditions under which a fee may be incurred, the amount of the fee due and the terms of payment.
  7. A Member shall not initiate the performance of services for a Client if:
    1. the performance of services results in or could result in a violation of this Code or of any applicable law;
    2. the Member learns that the Client has used the Member’s services in the past to commit actions violative of this Code or of any applicable law;
    3. the condition prevents the Member from performing full and fair services for a Client.
  8. A Member shall comply with all federal, state and local laws.
  9. A Member shall conduct its business with any Client or Potential Client utilizing reasonable standards of Professional Conduct.
  10. A Member shall refrain from rusing tactics.
  11. A Member shall disclose any prior personal/business or financial relationship between a Recruiter and a Candidate to avoid any possible conflict of interest.
  12. A Member shall accept as assignments only situations where the Client has formally agreed to the level of service promised.
  13. A Member shall maintain regular contact with Candidate and Client for the purposes of updating and consummating the agreed upon service.
  14. A Member shall not claim as proprietary unscreened Candidates.
  15. A Member shall accurately represent a Candidate's education, skills and abilities.
  16. A Member shall not utilize a Right of Representation document to supercede another organization’s properly made prior Referral.
  17. A Member shall withdraw a referred Candidate's name immediately upon learning that another Recruiter has previously and properly referred the Candidate.
B. Relations with Candidates
  1. A Member shall never accept Placement Fees or payments from Candidates.
  2. A Member shall not knowingly make a false statement or representation to a Candidate and shall state to a Candidate as accurately as possible the pertinent information concerning prospective opportunities.
  3. A Member shall not present a Candidate’s name or Curriculum Vitae to a Client, a Potential Client or any other person, Recruiter or entity except with the consent of the Candidate and after full disclosure of the Client, person, Recruiter or entity or other Firm’s name and location.
  4. Firms will not fax, e-mail or otherwise distribute Curricula Vitae of Candidates without a prior contractual agreement with a Client, Potential Client or Firm. Regardless of the contractual relationship, no Curricula Vitae shall be distributed without first “clearing” the Candidate’s name; that is, that the Client acknowledges that the Candidate is not previously known to the Client, Potential Client or Firm or is not active in the recruitment process at the time the Recruiting Firm introduces the Candidate. A name need not be “cleared” with a Client, Potential Client or Firm, if during initial discussions active Candidates have been identified or the organization has agreed in writing to accept all referred Candidates.
    1. A name may not be “cleared” for the purpose of subsequently blocking a proper referral by another firm.
    2. A firm clearing a name must, upon Client acceptance of that name by the Client, immediately (by end of next business day) submit the candidate’s Curriculum Vitae to the Client.
  5. A Member, who has a financial relationship with a Client shall not recruit or attempt to recruit a Candidate from them while this financial relationship exists and for a period of one (1) year following the last placement with the Client (excluding interns, residents, or fellows in training) unless the Candidate has previously notified the Client of his or her intent to seek another position.
  6. A Member shall not refer a Candidate to a Client, Potential Client or another Firm whose business practices are known to be violative of the Code or of any applicable law.
  7. A Member shall not Ruse Candidates, Clients or other persons and shall not impersonate Candidates or Clients.
  8. A Member shall preserve all confidences of the Candidate.
  9. A Member shall not make disparaging remarks about competing practices or knowingly make a false statement to a Candidate.
  10. A Member shall conduct its business with any Candidate or potential Candidate utilizing standards of Professional Conduct.
  11. A Member shall maintain as confidential all information provided by the Candidate and may only use this information for the purpose of assisting the Candidate with finding a job or practice opportunity.
C. Candidate’s Relations With Recruiters (Recommended):
  1. A Candidate should provide references and credentials that are complete and factual.
  2. A Candidate should provide data from the National Practitioner Data Bank upon request.
  3. A Candidate should acknowledge whether he or she has already been presented to a Client's opportunity.
  4. A Candidate should be prepared to cooperate with appropriate parties by acknowledging which Recruiter referred him or her to the position in question including who set up the interview and assisted with interview arrangements.
  5. A Candidate should be prepared to give timely and complete feedback regarding interviews to both the Client and Recruiter.
  6. A Candidate should report to the NAPR any violation or infraction of the NAPR Code of Ethics.
  7. A Candidate should require that Recruiters present accurate and complete information regarding practice opportunities.
  8. A Candidate should respond in a timely manner to the Recruiter's communications.
D. Advertising, Marketing and Other Communications
  1. A Member shall not in the course of its advertising, marketing, or other communications make a false or misleading statement about its organization, Firm or services, or about another organization or its services. A statement will be considered false if:
    1. it contains a material misrepresentation that violates the spirit of the Code of Ethics or omits a fact which would make the statement as a whole or in part misleading;
    2. it is likely to create an unjustified expectation about the results the Member can achieve, or states or implies promised results which, if achieved, will violate the Code or any applicable law;
    3. it makes a comparison of the Member with another Member that cannot be factually substantiated.
  2. No Member or its representatives shall knowingly or unknowingly misrepresent or malign the National Association of Physician Recruiters or its Members.
  3. A Member that lists potential employment opportunities in any media or in direct mail contact with a Candidate shall ensure that such opportunities in fact exist at the time of making such listing.
  4. A NAPR Member who owns, is affiliated with, or is related to a person or entity which markets or wished to market services or products to the NAPR membership other than physician recruitment including but not limited to (job bank, web hosting, software, licensure services, financial services, insurance or malpractice services, travel services, surveys, newsletters or networks and/or alliances), must notify NAPR headquarters. The entity communicating with these entities must also identify themselves by their present or commonly known name.
    1. Additionally, no Candidate registered with the World Job Bank, Cooperative Mailing Program or any future Member service may be contacted by the Member for any purpose other than to present practice opportunities (jobs).
  5. The World Job Bank, Cooperative Mailing Program or any future Member service involving Candidates are offered to participants for the sole purpose of presenting each organization's practice opportunities to registered Candidates. These Member services must be utilized strictly for their stated purpose. Transferring registered Candidates to any other entity in whole, part or individually without first contacting the Candidates and receiving their consent, constitutes a breach of the Ethics Code.
  6. No Member or its representatives shall knowingly or unknowingly post jobs on the World Job Bank, advertise, e-mail, or in any correspondence, or communication unlawfully discriminate or appear to unlawfully discriminate or violate government employment laws or regulations.
  7. Any Recruiter who holds an advanced degree (including but not limited to: MD, DO, DDS, DVM, PhD) entitling him or her to use the prefix “doctor” must clearly identify him or herself as a Recruiter in any contact, written or oral, with a Candidate, Client, Potential Client, or Member.
  8. A Member shall not plagiarize another entity’s advertising, marketing or any other materials.
  9. A Member shall not copy or use information from another entity’s website without expressed written consent from the owner; including but not limited to: mirroring or framing or use of any material, source codes, trade secrets, right of publicity, trademark, copyright or other intellectual property.
  10. A Member shall not, in any form of communication, use language which is obscene, sexually explicit, libelous, defamatory, threatening, harassing, abusive, false, inaccurate, misleading, embarrassing to any other person or entity or otherwise violate the legal rights (such as privacy and publicity) of others.
  11. A Member which belongs to a “network” of organizations which recruits individuals shall not share source information derived from any NAPR contracted services unless the other network participants are also contracted to receive this information; including but not limited to: physicians who have registered with the World Job Bank or who have responded to NAPR’s Cooperative Mailer Program or have contacted the NAPR independently of these programs seeking placement services. Organizations may share Candidate information derived from these sources only after contacting the Candidate and receiving permission from the Candidate to share his or her information.
E. Relations With Other Members, Other Recruiting Firms, Organizations Or Individuals
  1. All Members must compete in a fair and honorable manner.
  2. A Member shall attempt to amicably resolve any disputes with another Recruiter with a minimum amount of involvement by the Client and Candidate before seeking other remedies.
  3. A Member shall report to the NAPR any violation/infraction of the NAPR Code of Ethics.
  4. A Member shall honor all contractual obligations.
  5. A Member shall abide by the terms and conditions of any contract involving services or programs offered by the NAPR and/or its subsidiaries.
  6. A Member shall be responsible for all actions of any person(s) employed by or under its organization's authority.
  7. A Member shall never discredit the reputation of any person or organization.
  8. A Member shall honor agreements made among Members and refrain from defaming, maligning or falsely accusing any person or other organization.
  9. A Member shall refrain from intentionally misrepresenting any person or opportunity to a Candidate or Client or another Firm.
  10. A Member shall act professionally and in a businesslike manner.
  11. A Member shall not engage in deceptive or misleading activities.
  12. A Member shall not engage in any activity which brings dishonor to the industry.
  13. A Member shall adhere to all EEOC, state or local affirmative action rules and/or regulations.
  14. A Member shall negotiate all financial arrangements with a another Recruiting Firm prior to any formal agreement and shall memorialize such agreement in writing.
  15. A Member shall not make an unsolicited referral to another Firm.
  16. A Member shall only present or refer, either in person, or by Curriculum Vitae or by name, a Candidate to a another Firm at the request of the Firm and only if the Candidate’s Curriculum Vitae is identified in writing, and only with the Candidate’s knowledge and permission.
  17. A Member shall keep the referring Firm apprised of Candidate telephone interviews, site visits, employment offers and receipt of placement fees.
  18. A Member who accepts a Candidate for the purpose of splitting a fee, can refer that Candidate to other Firms only with the permission of the Firm which initiated the Referral can obtain other Candidate referrals from the Candidate but cannot present the Candidate to other practice opportunities other than those discussed with the referring Firm without the referring Firm’s and the Candidate’s knowledge and permission.
  19. A member shall promptly remit monies owed to the split-fee Firm upon receipt of the fee and must include a copy of the Client’s check with the Firm’s payment.
  20. A member shall maintain the confidentiality of Client information provided to them by the Firm originating the split-fee referral.
  21. A Member participating in a Split-Fee Arrangement shall honor refund or replacement guarantees made in writing to the Client by the originating Firm.
  22. A Member who refers a Candidate for the purpose of splitting a fee shall not, for a period of one year contact the originating Firm’s Client for the purpose of establishing a business relationship.
  23. A Member shall not place or enroll any Candidate in a formal or informal split-fee network without first receiving permission to do so from the Candidate.
F. Relationships Between In-House Recruiters And Recruiting Firms
  1. In-house Recruiters shall maintain an accurate tracking system to record the submission of Candidates by Recruiting Firms and shall respond to the Firm as to the acceptability of the Referral within five (5) business days.
  2. The submission of a Candidate to a Client which utilizes a physician database shall be deemed unacceptable if the Client has been in contact with the referred Candidate within the past thirty (30) days and has scheduled or is in the process of scheduling an interview.
  3. Clients and In-house Recruiters shall inform the Recruiter prior to establishing a formal working relationship that they subscribe to a databank, match service, or other Candidate listing service which could directly or indirectly affect the Firm's eligibility to receive its fee.
  4. In-house Recruiters shall not accept unsolicited Curriculum Vitae from a Member and shall notify the Recruiting Firm immediately of the invalid Referral (preferably in writing).
  5. In-house Recruiters may not refer a Candidate presented to them by a Member to any other person or entity without written permission from the referring Member, except for Referrals made to practices whose physicians are employed by or who are on the active staff of the organization and for which the contracted entity will pay the contracted fee.
  6. In-house Recruiters should not accept a Referral from any Member that is believed to be in violation of the Code of Ethics.
  7. In-house Recruiters will only accept a Referral from the Firm which reasonably demonstrates that they have obtained pertinent information from the Candidate, have received permission from the Candidate to refer his or her Curriculum Vitae and can, on an on-going basis, demonstrate the ability to provide critical information which continuously contributes to and enhances the process leading to a prospective placement. (see Definition of Procuring or Substantial Cause).
G. Relations With Vendor Members
  1. NAPR Members shall maintain NAPR’s ethical standards with NAPR Vendor members with whom they do business and shall conduct business with them in a professional manner. Members shall:
    1. Make payments in a timely manner to the Vendor for services.
    2. Abide by Vendors’ "terms of use" agreements.
    3. Keep confidential all Client and Candidate data obtained from a Vendor, unless otherwise authorized to do so by the Vendor.
    4. Be truthful and honest with Vendors when inquiring about or registering for products and services. This includes providing correct company name and contact information.
    5. Member shall not use information and data obtained from any NAPR Vendor to assist a competitor compete with other Vendor's services.
  2. NAPR Vendor members shall observe all ethical standards when dealing with other Vendors and Recruiting Firms and shall conduct business with them in a professional manner.
  3. A Vendor member shall not in the course of its advertising, marketing, or other communications make a false or misleading statement about its organization, Firm or services. A statement will be considered false if by way of example and without limitation:
    1. It contains a material misrepresentation that implies an unauthorized endorsement by the NAPR; or
    2. It is likely to create an unjustified expectation about the results Members can achieve or expect by using the Vendor’s services.
  4. Vendors shall be professionally courteous when marketing their services to NAPR Members and shall honor all requests from Members to be removed from contact lists which in part include e-mail, fax and other marketing lists.
  5. Vendors shall not have the right to vote, hold office, have direct or indirect access to the World Job Bank, nor participate in any Cooperative Mailers or services offered or provided now or in the future by the Association that are not specifically approved for Vendors’ use.

V. ETHICS COMMITTEE

  1. There shall exist an Ethics Committee which will consider any Complaint, first reviewed by the President of the NAPR and the Ethics Committee Chairperson.
  2. The Ethics Committee shall consist of the Chairperson and a minimum of five (5) members, including the Chairperson. The Chairperson is appointed by the President of NAPR for a three-year term which includes membership on the NAPR’s Board of Directors. The members shall be individuals employed by active Member organizations of NAPR and appointed for a three-year term by the Ethics Committee Chairperson with Board of Directors approval. A Vice-Chairperson, who will succeed the Chairperson, shall be appointed by the Ethics' Chairperson and approved by the Board of Directors. The succession will occur only if the Ethics' Chairperson is not reappointed or resigns. The Chairperson and committee members may succeed themselves.
  3. The Ethics Committee shall be responsible for reviewing and acting upon reported violations of the NAPR Code of Ethics or may, on its own initiative, file a Complaint.
  4. Cooperation with Investigations and Enforcement
    1. Ethics Committee
      1. An Ethics' case will not be considered by the Committee Chairperson or the Committee unless the Complainant has attempted to resolve the conflict directly with the other entity, unless an attempt to do so will potentially lead to further disagreement or the violation is so blatant as to warrant immediate action.
      2. A Member under investigation by the Ethics Committee shall cooperate fully, personally, directly and in a timely manner with the Ethics Committee and its investigator or Board of Directors concerning the alleged violation of the Code (and must honor requests for documentation, testimony, or explanation of the facts and circumstances).
      3. A Member that reasonably believes that another Member has committed a violation of the Code shall inform the NAPR Headquarters’ Office and/or the Chairperson of the Ethics Committee or President of the NAPR who will make an initial determination as to the validity of the potential violation after consultation with the President of the NAPR.
      4. A Member accused of a Code violation must respond to all procedural requirements of the investigative process and communicate directly with the investigator.
    2. Website Panel
      1. A User under investigation by the Website Panel shall cooperate fully and communicate personally, directly and in a timely manner with the Website Panel and its Chairperson or Investigator concerning an alleged breach of the User Agreement (and will honor requests for documentation, testimony, or explanation of the facts and circumstances).
    3. Any User under investigation by the NAPR Services Board shall cooperate fully and communicate personally, directly and in a timely manner with the NAPR Services Board and its Chairperson or Investigator concerning an alleged breach of the List Usage Agreement (and will honor requests for documentation, testimony, or explanation of the facts and circumstances).

VI. GRIEVANCE PROCEDURES

  1. Complaints
    1. The Ethics Committee shall review and adjudicate only those issues or events which are deemed to be in violation of the Code of Ethics. Not included in this jurisdiction are disputes between entities involving the payment of fees wherein the involved parties require the Ethics Committee to enforce the payment of said fee(s); and those which involve disputes between employers and employees unless some aspect of those Referrals, fees and disputes outside the jurisdiction of the employer/employee relationship involve a violation of the Code.
    2. A Complaint may be filed with NAPR by anyone who has a Complaint against a NAPR Member. The Complaint must be in writing and shall describe the incident and shall be accompanied by any supporting material to allow action on the Complaint. All Complaints must be received within twelve (12) months of the alleged violation. Complaints arising from violations beyond the twelve (12) month period will be reviewed by and acted upon by the Ethics Committee if it is determined that extenuating circumstances prevented timely submission of the Complaint.
    3. A Complaint must be filed in writing and sent directly to the NAPR Headquarters Office. If the Complaint is filed with the Ethics Committee or a member thereof, the Ethics Committee shall transmit the Complaint to the NAPR Headquarters’ Office.
    4. In the event that a case is brought before the Ethics Committee which involves either a director or a member of the Ethics Committee, that member will not participate in the decision process.
    5. The President and the Ethics Committee Chairperson shall consider any and all Complaints concerning violation of the Code. If the NAPR President and Ethics Committee Chairperson find reasonable cause, they shall refer the Complaint to the Ethics Committee and the Chairperson shall assign the case to an Ethics' Committee Investigator.
  2. Ethics Committee Determination
    1. If the Complaint is referred to the Ethics Committee, the Chairperson of the Ethics Committee, through NAPR Headquarters, shall notify the Respondent by certified return receipt mail that a Complaint against Respondent has been forwarded to the Ethics Committee and the Ethics Committee will investigate the Complaint. The certified letter will be sent to the Respondent with a copy to the Complainant within three (3) weeks of the receipt of the Complaint by the Ethics Committee. The certified letter will:
      1. contain a copy of the Complaint;
      2. contain a copy of the NAPR Code of Ethics with all pertinent documents available at the time the Complaint is sent;
      3. advise Respondent of the right to respond to the Complaint;
      4. advise the Respondent of the right to offer evidence in written form;
      5. outline what areas of the Code are deemed in violation.
  3. Investigation Process
    1. Respondent must file a response to the Complaint in writing within thirty (30) days after receipt of the notice of Complaint is sent to Respondent. If Respondent fails to answer the notification within the thirty (30) day period, the Ethics Committee will proceed with the determination of the Complaint and state its final disposition.
    2. The Ethics Chairperson will assign an Ethics Committee Investigator who will investigate the Complaint and make a recommendation to the Ethics Committee. The committee will vote on the recommendation and may consider any previous sanctions registered against the Respondent in attempting to arrive at a suitable and appropriate sanction.
    3. The committee may dismiss the Complaint or impose any one or more of the following sanctions: Caution, Reprimand, Probation, Suspension or Expulsion.
    4. The Respondent and Complainant shall be notified, in writing, of the decision from the Ethics Committee by certified mail within thirty (30) days of the date the Ethics Committee rendered its decision.
  4. Appeal to Board of Directors
    1. Following a decision of the Ethics Committee, a Respondent has the right to Appeal the decision to the Board of Directors. A Respondent wishing to Appeal shall file a written statement stating the basis for their Appeal within fifteen (15) days of the date of the written notification by the Ethics Committees. (No additional evidence will be permitted after the Ethics Committee ruling unless requested and approved by the Board of Directors.) The Board of Directors shall, within thirty (30) days of receipt of the written statement, review that statement and either grant or deny the request for the Appeal. The decision and any sanctions imposed by the Ethics Committee will stand until the Board of Directors makes its determination. The Appeal hearing by the Board of Directors will be scheduled for its next regularly scheduled meeting or when practicable, on a date prior to the next Board of Directors’ meeting.
    2. All proceedings before the Board of Directors shall be recorded.
    3. In the event a case is brought to Appeal before the Board of Directors and involves a member of the Board, that member will be recused from participating in the adjudication of the case.
    4. Any Ethics Committee members who concurrently are members of the Board of Directors must recuse themselves from participation in the Appeal decision.
  5. The Board of Directors within thirty (30) days following the hearing of the Appeal will report its final decision to Complainant and Respondent by Federal Express. The decision will be reported in writing to each party by the President of the NAPR.
  6. Effective Date: Any Sanction imposed shall be effective on the date of the Ethics Committee’s decision and shall be considered final on the date the Appeal time has expired following the Ethics Committee's decision, or if a Respondent Appeals to the Board of Directors, the date that the Board has rendered its decision on the Appeal.
  7. Member In Good Standing: A Member shall maintain its status of "good standing" until one of the following events has occurred: The Member's dues are unpaid as of February 15 for their current membership year defined as January to December; a Member has violated the Code of Ethics and has received a sanction of Probation, Suspension or Expulsion.
Should a Member fail to pay its current year's dues while an Ethics Investigation is pending, its status shall be "resigned pending the outcome of an alleged Ethics Code Violation Investigation." Regardless of such resignation, NAPR shall continue with and complete such Ethics Investigation and shall issue appropriate sanctions. If a sanction of Probation (six (6) months or more) is imposed after due process and the Member resigns or has resigned from the NAPR, its status shall be "resigned, not a Member in good standing." Further, if a former Member who has been sanctioned reapplies for membership and is ultimately approved, the Member must fulfill the requirements of the Sanction imposed at the time its association with the NAPR was terminated.

VII. SANCTIONS AND DEFINITIONS

  1. Caution: A written warning to the Respondent indicating a minor violation of the Code has occurred and that future similar or cumulative violations will result in a more severe sanction.
  2. Reprimand: A private communication to the Respondent for conduct in which the Respondent repetitively violates the Code or in which the severity of a first-time violation warrants such action.
  3. Probation: A Member's privileges will be revoked for a period of up to 12 months. During this period, should additional violative conduct occur, the Member shall be suspended or expelled. During a period of Probation, the organization on Probation may not state that it is a Member of NAPR in good standing in any written or oral communications. It may not have use of the NAPR logo or access to any services offered by the NAPR and its Subsidiary companies.
  4. Suspension: A period of up to 18 months during which time a suspended Member may not state that it is a Member of NAPR in good standing in any written or oral communications. It may not have use of the NAPR logo nor access to any services offered by the NAPR and its Subsidiary companies. Furthermore, it will not be allowed to attend any NAPR meetings. At the conclusion of the suspension period, the Board of Directors will review the organization’s membership to determine whether it should be reinstated as a Member.
  5. Expulsion: Expelled organizations may reapply for membership after a 3- year period which commences on the date the organization has been notified of the final disposition. Furthermore, they will not be allowed to attend the NAPR meetings.
  6. Corrective Action(s): In addition to the appropriate sanction(s) for Code violations, the Respondent will be notified by the Ethics Committee of supplemental corrective action(s) which may be required. Non-compliance with these corrective actions could result in more severe sanctions.
  7. Publication: If the Board of Directors deems it useful for educational purposes, they may publish a summary of the outcome of an Ethics' case in which the outcome resulted in a sanction of Probation of five (5) months or less. Under this sanction, reasonable efforts will be made to protect the confidentiality of individuals. In doing so, the participants will have their corporate and individual names omitted. Any sanction against a Respondent which includes Probation of six (6) months or more, Suspension (for any length of time) or Expulsion will be published in one or all of the next regularly scheduled edition(s) of any official NAPR publications. The announcement will include a brief summary of the case including the Respondent’s corporate name(s) and Respondent’s individual names, but will exclude the name of the claimant.
  8. Confidentiality: All information gathered in the course of investigations by the President and Ethics’ Committee Chairperson, the Ethics Committee or the Board of Directors, shall be confidential except as noted previously and shall remain known only to those entities and their Members or employees involved in the Complaint.
  9. When contacted the NAPR will give the membership status of a Member and, if asked, will state whether that Member has ever been in violation of the Code of Ethics. The NAPR will disclose only those that have resulted in Probation of six (6) months or more, Suspension or Expulsion. No other sanctions will be disclosed nor will the details of such actions be revealed except as noted previously.
  10. Forfeiture: A Member sanctioned resulting in Probation, Suspension or Expulsion will not be allowed to attend any NAPR meetings. There will be no refund of monies previously paid, and the organization sanctioned will forfeit any candidate responses from NAPR programs in which they are enrolled during the period of their sanction.

VIII. WEBSITE PANEL

Any breach of the NAPR World Job Bank User Agreement is a breach of the Code of Ethics.
  1. There shall exist a Website Panel, independent of any other NAPR committees, which will investigate any alleged breach of the User Agreement.
  2. The Website Panel will consist of the Chairperson and a minimum of five (5) members (including the Chairperson). The Chairperson is appointed by the President of the NAPR for a period of three (3) years. Five (5) of the members shall be individuals employed by active Member organizations of NAPR in good standing and appointed by the Website Panel Chairperson. The Chairperson and Panel members may succeed themselves.
  3. The Website Panel shall be responsible for reviewing and acting upon alleged breaches of the User Agreement and may take the following action if a User is found in breach of its User Agreement:
    1. Suspend the User from utilizing the World Job Bank for a specified period of time.
      And/Or
    2. Recover Liquidated Damages from the User.
  4. All Users found in breach of their User Agreement will be reported to the Ethics Committee for further investigation and possible sanction after the Website Panel Appeal period has expired.

IX. NAPR SERVICES

Any breach of any NAPR Services’ List Usage Agreement is a breach of the Code of Ethics.

A. Users shall:

  1. Abide by the terms and conditions of any current or future contract (User Agreement or List Usage Agreement) involving Membership Services' programs offered by NAPR and/or its subsidiaries.
  2. Any violations of the List Usage Agreement will be referred to the Ethics Committee after the period of Appeal has expired.