This is a really good question, I'll try to do it justice. I'm going to broaden it a bit: "Can your program discipline (or remediate) you for your behavior when off duty?"
Examples could include:
A. The above, someone presenting with acute alcohol poisoning and raising the concern for alcohol abuse. Or, perhaps add a DUI to the scenario.
B. A resident decides to have a second job, stripping, and is found out. Pictures are posted on the web by a "concerned citizen".
C. A resident is a chronic smoker. Although smoking is not allowed on hospital grounds, they leave during their lunch break to smoke. Everyone, including patients, can smell it on them when they return. Discussions about how patients should quit smoking have led to statements like "But I can tell you're smoking doc, so I don't see why I should stop". Although the resident answers with "My behavior is as poor as yours, and I'm working on quitting" (or something similar, but nicer sounding), concerns are raised that they are not setting a good example.
First, a couple of points:
1. I am not a lawyer. I don't want to be a lawyer. All I know is my experience, and what I can read on the interwebs. Some of the following could be wrong.
2. Each state's laws are different. No matter what happens to your "buddy" next door, your experience in your own state could be very different.
That said:
If you google this, you'll find that the answer is usually (for most jobs) "no". I think we all would like to think that what we do in our private lives is no business of our employer. But don't be fooled, because being a physician is not most jobs, and exceptions are allowed when the employees actions create a "workplace nexus" -- a connection between the activity and the employer's legitimate interests.
This connection usually includes: 1) harm to the employer's reputation; 2) the behavior renders the employee unable to perform their job; 3) other employees refuse/are reluctant to work with the employee because of the behavior; 4) the behavior makes it difficult for the employer to do its work / direct its workforce; or 5) the behavior is a criminal violation severe enough to injure the reputation of the business or co-employees.
Also, the amount of publicity involved, the likelihood that the employer will lose business, how much contact the employee has with the public, and whether success in the position relies on leadership and trust.
Once you digest all that, you can see that there is a significant grey area here. In the case at hand, I don't think the story meets the above criteria. The program won't have any adverse consequences. But, what if some interns are now "reluctant" to work with this person. I personally find that an over-reaction, and not reasonable.
But, add some meat to the story -- like the person is charged with a DWI, or that they crashed into the ED waiting room (hurting no one), or otherwise end up on the cover of the local newspaper, and all of a sudden the same situation starts to trigger the above.
And the situation is actually a bit more complicated when you're dealing with alcohol and drugs, because the state's BOM could get involved. Unlike most other institutions, the BOM has AMAZING reach into you and your history. There is essentially no privacy between you and a Board inquiry. So, should the PD call the BOM and make an anonymous report that said resident was seen in the ED with alcohol intoxication, its very likely that the BOM will investigate, pull your medical records for review (and you can't stop them), and call you in for a review. If they put any limits on your license, then your program can fire you for that, and this type of thing is forever reportable on every credentialing / license application you ever complete going forward.
So, in the thread's case, without more I doubt anything will come of this. If there was more - publicity, DUI, etc -- then it's a real risk.
In case B above, the resident might be terminated, especially if any patients asked to be moved to a new doctor (again, assuming some sort of publicity).
Case C is really complicated. Some states have laws that protect employees who use legal substances. If that's the case, then no action can be taken regardless of whom complains. If not, it could easily rise to the level of concern. Also, the resident taking "breaks" for smoking off campus is probably a violation, unless they have arranged coverage of their pager when away and pre-approved this with their program.
Will be interesting if L2D drops by.
