Senator Marshall Joins Colleagues to Introduce Legislation to Reinstate Fairness and Due Process in Health Care

Washington – U.S. Senator Roger Marshall, M.D. (R-Kansas) joined U.S. Senator Elizabeth Warren (D-Massachusetts) and U.S. Representatives Raul Ruiz, M.D. (D-California-25) and John Joyce, M.D. (R-Pennsylvania-13) to introduce the Physician and Patient Safety Act, legislation that would restore due process rights for physicians.

Federal law has not been updated to reflect changes in the medical industry, and due process rights are not guaranteed to physicians who are contracted but not directly employed by hospitals. This bill would address this oversight and ensure due process rights for physicians who are employed by third-party contractors or physician staffing companies. By keeping integrity front and center, this legislation ensures physicians are able to uphold their commitment to practice medicine ethically and put their patients’ health first.

“Due process rights allow physicians to confidently advocate for their patients without the concern of facing termination,” said Senator Marshall. “Over time, these protections have gradually diminished across various departments, posing risks to patient safety. The Physician and Patient Safety Act aims to address this issue by closing loopholes and enabling all physicians to uphold the integrity of the health care system.”

“The evidence is clear – when private equity comes into health care, quality of care goes down,” said Senator Warren. “Doctors shouldn’t have to worry that sounding the alarm on patient safety will cost them their jobs. Doctors take an oath to protect patients, not corporate profits. We need to shield them from corporate greed so that they can provide the best care possible and keep patients safe.”

Congressmen Ruiz and Joyce introduced the House companion bill.

“As an emergency medicine physician, I’ve always made the safety and well-being of our communities my top priority,” said Congressman Ruiz. “That same dedication drives my work in Congress, where I’m committed to bipartisan, commonsense solutions. That’s why I introduced the Physician and Patient Safety Act—because no doctor should ever have to choose between doing what’s right for their patients and keeping their job. By extending due process protections to all physicians, this bill safeguards the integrity of our health care system and ensures that doctors can focus on what matters most: delivering high-quality, compassionate care to every patient they serve.”

“American physicians should not face losing their jobs just for advocating on their patients’ behalf,” said Congressman Joyce, M.D. “The Physician and Patient Safety Act will alleviate this issue by providing all physicians with the same due process rights. This legislation will ensure that all physicians can uphold their oath to ‘First do no harm’ without the threat of losing their jobs, protecting patients and physicians alike.”

The Physician and Patient Safety Act is supported by the American Academy of Emergency Medicine, The Kansas Chapter of the American College of Emergency Physicians, the American College of Emergency Physicians, the American College of Surgeons, the American Society of Anesthesiologists, and Free2Care.

“The American Academy of Emergency Medicine is proud to support Senators Marshall and Warren and Representatives Ruiz and Joyce in their introduction of legislation to ensure emergency physicians and all physicians have medical staff due process rights,” said Robert Frolichstein, MD FAAEM FCCM, President of the American Academy of Emergency Medicine. “There is no greater policy imperative for patient safety and quality care than enacting this due process legislation, which is a driving force of our organization’s mission statement.”

“The Kansas Chapter of the American College of Emergency Physicians strongly supports the Physician and Patient Safety Act,” said Howard Chang, MD, Immediate Past President, Kansas Chapter of the American College of Emergency Physicians. “Physicians cannot care for patients without a guarantee of due process. Emergency physicians serve on the front lines of our health care system, often working under intense pressure and making critical decisions that directly affect patient lives. It is essential that they be able to advocate for patient safety, raise concerns about clinical operations, and exercise their professional judgment without fear of unjust or abrupt termination. The absence of due process protections puts both physicians and patients at risk—undermining trust, morale, and the overall quality of care.”

“Growing threats to physician autonomy are one of the most significant stressors facing emergency physicians today, and a lack of due process protections is a significant part of the problem,” said Alison J. Haddock, MD, FACEP, President of ACEP. “These essential protections ensure fairness and allow emergency physicians to fully advocate for our patients without fear of retaliation or termination. The bipartisan ‘Physician and Patient Safety Act’ is an essential, commonsense effort that guarantees due process and ensures that emergency physicians have the same rights on the job as other physicians in the hospital. ACEP thanks Senators Marshall and Warren and Representatives Ruiz and Joyce for their continued leadership on this critical legislation.”

The full text of the legislation can be found HERE.

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