Excerpts from the ABR Agreement for Candidates and Diplomates follow, with accompanying concerns:
Appendix 8 — ABR Agreement
“I will not be advised as to the identity of any individual or entity who has furnished adverse information concerning me, and that all statements and other information furnished to the Board in connection with such inquiry shall be confidential, and not subject to examination by me or anyone acting on my behalf” [1]. This appears to be intended to protect the confidentiality of an accuser, but American legal due process allows the accused to know who is accusing. Even in cases of whistleblowers, anonymity is not absolute.
“I also agree that I will not use any litigation process, subpoena or other means to attempt to cause any disclosure of adverse information received by the ABR regarding my character or certification” [1]. This provision allows the ABR to accept any information and take any action without fear of being held accountable for its actions, again requiring the signee to waive due process rights.
“I UNDERSTAND AND AGREE that it is my responsibility to notify the ABR of any changes in my mailing address, phone number and email address. All changes made by me via the website shall be accepted as legally binding, and will become the property of the ABR” [1]. Taking the diplomate’s or candidate’s information as its property allows the ABR to potentially transfer or sell such information. So, it would be reasonable to include language indicating that it would not do so.
“I UNDERSTAND AND AGREE that it may be necessary for the ABR to revise and update this Agreement at a later date, and that I may be required to sign the updated agreement, which will replace and supersede the terms of this agreement” [1]. This clause indicates that the signee must sign whatever is sent, without input or recourse. The ABR has also indicated that it can change the agreement without notice and that such changes take effect without the signee’s approval.
“I also agree that I will not use any litigation process, subpoena or other means to attempt to cause any disclosure of adverse information received by the ABR regarding my character or certification” [1]. This provision allows the ABR to accept any information and take any action without fear of being held accountable for its actions, again requiring the signee to waive due process rights.
“I UNDERSTAND AND AGREE that it is my responsibility to notify the ABR of any changes in my mailing address, phone number and email address. All changes made by me via the website shall be accepted as legally binding, and will become the property of the ABR” [1]. Taking the diplomate’s or candidate’s information as its property allows the ABR to potentially transfer or sell such information. So, it would be reasonable to include language indicating that it would not do so.
“I UNDERSTAND AND AGREE that it may be necessary for the ABR to revise and update this Agreement at a later date, and that I may be required to sign the updated agreement, which will replace and supersede the terms of this agreement” [1]. This clause indicates that the signee must sign whatever is sent, without input or recourse. The ABR has also indicated that it can change the agreement without notice and that such changes take effect without the signee’s approval.