Ben White, MD (a practicing radiologist) gives a cogent (albeit limited) review from a doctor’s perspective of the Siva v American Board of Radiology oral arguments presented 16 February 2022 to the three judges of the 7th Circuit Court of Appeals on his blog:
In response to the ABR’s it’s-my-party-and-I’ll-cry-if-I-want-to stance, the judge is flabbergasted:
“There’s no possible way…You can’t take the position that ‘we are the ones that certify and therefore we can define the content of the certification requirement without regard to the limitations of section 1 [of the Sherman Antitrust Act].’ That cannot possibly be your position”.
The ABR lawyer says no, but she’d just said that very thing and then literally reiterates it again in almost the same words.
This was presumably met with a long blank stare during the very pregnant pause in the audio.
So, she meant yes.
And the ABR is not entirely wrong, because MOC isn’t really a CPD product. The CPD part of MOC (OLA) is merely the veneer of credibility for the program. MOC isn’t really about CME.
It’s a tithe.
Read the whole thing.