![]() ![]() Today, ABIM-certified internists are required to pay an annual program fee as well as an “assessment fee” for MOC examinations. MOC requirements have changed over time, and in 2018, ABIM modified MOC to its current form. Internists who were certified prior to 1990 were “grandfathered” in and were not required to participate in MOC to maintain their certifications. This program of additional requirements and an examination is generally known as maintenance of certification (MOC). In 1990, ABIM began to offer time-limited certifications, which required internists to pass a mandatory examination and complete other requirements every ten years to maintain their ABIM certification. In the 1970s, ABIM introduced a program called Continuous Professional Development (CPD), which included a voluntary examination. Initially, ABIM offered lifetime certifications that did not require physicians to take additional examinations or complete other requirements to maintain the certification. 3 physician to be certified by ABIM to be licensed to practice internal medicine within that state. 5.7 does not constitute binding precedent. No state medical licensing board requires a * This disposition is not an opinion of the full Court and pursuant to I.O.P. ![]() ABIM began offering a certification in 1936. ![]() ABIM, Certifications, and MOC ABIM is a non-profit organization led by a board of physicians and is a member of the American Board of Medical Specialties (ABMS), which is comprised of twenty-four medical boards that certify physicians in certain specialties and subspecialties. The District Court dismissed all of Plaintiffs’ claims. The gravamen of their complaint is that ABIM forces internists who purchase an initial certification to also purchase ABIM’s maintenance of certification product. Plaintiffs, Gerard Kenney, Alexa Joshua, Glen Dela Cruz Manalo, and Katherine Murray Leisure, physicians with specialties in internal medicine, brought suit against the American Board of Internal Medicine (ABIM) alleging violations of Sections 1 and 2 of the Sherman Act, the Racketeer Influenced and Corrupt Organizations Act (RICO), and a claim for unjust enrichment. Sidley Austin 787 Seventh Avenue New York, NY 10019 Attorney for Amici Appellee 2 _ OPINION* _ GREENAWAY, JR., Circuit Judge. Ballard Spahr 1735 Market Street 51st Floor Philadelphia, PA 19103 Attorneys for Appellee Eamon P. Lite DePalma Greenberg 1835 Market Street Suite 2700 Philadelphia, PA 19103 Attorneys for Appellants Leslie E. Robinson Curley 300 South Wacker Drive Suite 1700 Chicago, IL 60606 Mindee J. Carlson Lynch 1133 Penn Avenue 5th Floor 1 Pittsburgh, PA 15222 Alan F. Carlson Lynch 111 West Washington Street Suite 1240 Chicago, IL 60602 Gary F. (Opinion Filed: February 25, 2021) Katrina Carroll, Esq. 2-18-cv-05260) District Judge: Honorable Wendy Beetlestone _ Argued Octo_ Before: CHAGARES, GREENAWAY, JR., and NYGAARD, Circuit Judges. AMERICAN BOARD OF INTERNAL MEDICINE _ On Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. 20-1007 _ GERARD KENNEY ALEXA JOSHUA GLEN DELA CRUZ MANALO KATHERINE MURRAY LEISURE, Appellants v. NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. ![]()
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