ARTICLE I
Name
Name and title of this Society shall be "Medical Society of the County
of Erie, Inc." (hereinafter referred to as "the Society").
ARTICLE II
Purposes
The Society shall be the Erie County component of the Medical Society of
the State of New York, (hereinafter called "State Society"). The Medical Society
of the County of Erie is the professional association of physicians of Erie
County created to promote and deliver quality medical care. The Medical Society
of the County of Erie pursues its mission by:
* Supporting members of the medical profession and encouraging professional
growth;
* Representing physicians' interests when interacting with managed care
organizations, third party payors, legislative groups and regulatory agencies;
* Educating physicians on current health related issues and educating the
public on health care and delivery systems;
* Enhancing the physician's image through media, networking and community
relations;
* Maintaining ethical standards.
ARTICLE III
Membership
Sec. 1. Membership shall be restricted to doctors of medicine or osteopathy
of good moral and professional character, standing, and reputation, whose legal
residence or residency training or principal office is in the County of Erie;
to doctors of medicine or osteopathy engaged in teaching or in scientific research
in subjects allied to medicine in a reputable institution, college, laboratory,
or hospital situated in the County of Erie; and to students enrolled in recognized
medical or osteopathic schools as set forth in Article IV, Section 4; and who
are, or have legally declared intention to become, citizens of the United States
and who fulfill the requirements for admission of members laid down in these
Bylaws.
Sec. 2. Application for membership shall be made on such forms as may be
authorized at the time by the State Society, signed by the applicant, and approved
by the Ethics Committee of the County Society. The application must be accompanied
by the appropriate dues and assessments of the Society and the corresponding
State Society dues for the current year.
Sec. 3. If application for membership is made after the first day of October,
but prior to the first day of January ensuing, the dues shall be applied to
the following calendar year. Resident members who qualify for active member
status prior to the first day of October shall be billed active member dues
for the next dues year.
Sec. 4. The application shall be referred to the Committee on Ethics for
investigation and report.
Sec. 5. An applicant not accepted for membership shall have refunded to
him/her all monies which accompanied his/her application.
Sec. 6. Within ten days after an applicant has been elected to membership
in the Society, the Secretary-Treasurer shall mail a copy of the application
to the Secretary of the State Society, along with payment of current year dues
and assessments of the State Society.
Sec. 7. Members of the Society shall become members of the State Society
and the Eighth District Branch.
Sec. 8. A resignation of a member in good standing must be in writing and
addressed to the Society.
Sec. 9. If the resignation is accepted by the Executive Board, the member
thereby severs all connections with the Society, the State Society and the Eighth
District Branch and relinquishes all right and title to any share of their property.
No resignation shall be accepted from a member owing dues or assessments or
who is under charges of unethical conduct.
Sec. 10. A member who has resigned and who desires re-election to membership
is subject to the same procedure as that governing the election of new members.
Sec. 11. When a member in good standing removes either his/her legal residence
or principal office to another county in this State, his/her name, upon his/her
request, shall be transferred to the roster of the component county medical
society in which he/she then resides or has his/her principal office.
Sec. 12. A member in good standing in another County Medical Society of
this State, who meets the qualifications for membership in the Society, may
become a member upon presentation of his/her request in writing and the certificate
of transfer from the Secretary of the other County Society.
Sec. 13. A member who removes both his/her legal residence and principal
office from the State of New York or who is dropped from the roll of the Society
for non-payment of dues or other cause, shall thereby cease to be a member of
the Society and forfeits all right, title and interest in the property of the
Society and of the Medical Society of the State of New York.
Sec. 14. A former member who was dropped for non-payment of dues may apply
for reinstatement by the same procedure as that governing the election of new
members. His/Her application must be accompanied by payment of the appropriate
dues and assessments for the year in which he/she seeks reinstatement. If not
accepted for membership, all monies accompanying his/her application shall be
returned to him.
Sec. 15. An applicant for membership in the Society who has been denied
membership or whose application for membership has not been acted upon within
six months of the date of receipt of his/her application shall have the right
of appeal to the State Society from the action of the Society.
Sec. 16. Upon notification from the New York State Department of Health
or the Board of Regents that a member has had his or her license to practice
Medicine revoked or suspended, without a stay of suspension, membership in the
Society shall be likewise suspended without the necessity of further proceedings,
and the matter shall be referred to the Ethics Committee for review and disciplinary
action as described in Article IX, Section 16 of these Bylaws. During the term
of suspension, the member shall be permitted to continue to participate in any
group insurance program sponsored by the Society pending final action by the
Society.
A physician whose license has been revoked may reapply for membership,
upon restoration of his her license, by the same procedure as that governing
the election of new members.
A physician whose license has been suspended may, upon termination of his
or her suspension, reapply for membership by letter directed to the president
or executive officer of the Society, requesting reinstatement. The request will
then be referred to the Ethics Committee for determination.
ARTICLE IV
Classes of Membership
Sec. 1. The membership of the Society shall be divided into four classes:
(1) Active, (2) Life, (3) Resident, and (4) Student.
Sec. 2. Active and Resident membership shall be limited to graduates of
recognized medical or osteopathic schools who have completed not less than four
satisfactory years of at least eight months each or its equivalent in a medical
or osteopathic school in the United States of America or Canada registered as
maintaining at the time a standard satisfactory to the medical licensing authority
of the State of New York, or in a medical or osteopathic school in a foreign
country maintaining a standard not lower than that prescribed for medical or
osteopathic schools in this state. An Active member shall be licensed to practice
Medicine in the State of New York.
Sec. 3. Resident members shall be those members who have graduated from
a recognized medical or osteopathic school who have not completed their continuous
residency training.
Sec. 4. Student members shall be those members who are enrolled in recognized
medical or osteopathic schools in the United States who are pursuing a course
of study leading to the degree of Doctor of Medicine or Doctor of Osteopathy,
who attend medical school or maintain a residence in Erie County, and who are
student members of the Medical Society of the State of New York. A student member
who is suspended from the rights and privileges of his or her medical or osteopathic
school shall likewise be suspended for the same period from the Medical Society
of the County of Erie.
Sec. 5. Subject to the limitations prescribed in these Bylaws, Active,
Resident, and Student members shall pay the dues of the Society and shall have
the right to vote and to hold office.
Sec. 6. An Active member in good standing who has completely withdrawn
from the active practice of medicine and who has been a member in good standing
for the ten consecutive years prior to the attainment of the age of sixty-seven
years, or an active member in good standing who continues the active practice
of medicine and who has been a member in good standing for the ten consecutive
years prior to the attainment of the age of seventy-two years, or an active
member in good standing for ten consecutive years or more who is permanently
disabled, may apply for Life Membership. Such applications shall be signed by
the president and the secretary-treasurer and forwarded to the secretary of
the State Society.
Sec. 7. Life members shall not be required to pay dues but shall be entitled
to all the rights and privileges of active members.
Sec. 8. Resident members are, subject to the requirements of Sec. 1, Article
III, of these Bylaws, doctors of medicine or osteopathy in continuous residency
training. Resident members shall automatically become Active members upon entering
the private practice of medicine, provided they have their legal residence or
principal office in the County of Erie.
Sec. 9. Active members in good standing who enter an approved residency
training program may, upon written request, have their County Medical Society
dues reduced to the amount paid by Resident members.
ARTICLE V
Conduct of Members
Sec. 1. Members shall conduct themselves in accordance with the Principles
of Professional Conduct of the State Society as they are now or may hereafter
be constituted. Any intentional violation thereof shall be cause for discipline
in accordance with Article IX of these Bylaws.
Sec. 2. The Bylaws and resolution of the Society and the Constitution,
Bylaws, rules and regulations of the State Society which have reference to the
County Societies shall be binding on members of the Society. Any intentional
violation or disregard of the same shall be cause for discipline in accordance
with Article IX of these Bylaws. A finding by the New York State Department
of Health or Board of Regents that a member has been found guilty of professional
misconduct, as defined in Section 6509, 6509(a) or 6530 of the Education Law
of the State of New York, shall also be cause for discipline in accordance with
Article IX, Section 16, of these Bylaws.
ARTICLE VI
Officers
The Officers of the Society shall be a President, a President-Elect, a
Vice President, and a Secretary-Treasurer. They shall be elected to serve one
year or until their successor shall have been elected or appointed as hereinafter
provided.
ARTICLE VII
Duties of Officers
Sec. 1. President
a. It shall be the duty of the president to preside at all meetings of
the Society and of the Executive Board. He/She shall, subject to the approval
of the Executive Board, appoint all special committees.
b. He/She shall call special meetings of the Society at the request of
a majority of the Executive Board or at the written request of that number of
members entitled to cast ten per cent of votes entitled to be cast at such a
meeting.
c. He/She shall call special meetings of the Executive Board at the written
request of four of its members.
- He/She shall appoint an inspector and teller and a chairman thereof
to serve when elections are held.
- He/She shall sign Delegate Certificates and such other papers as the Society
may direct, but shall not sign any warrant upon the Treasury, except by
vote of the Executive Board.
f. He/She shall receive written charges against a member for presentation
to the committee on Ethics.
g. He/She shall at the last meeting of his/her official year, deliver an
address before the Society.
h. He/She shall perform such other duties as usually pertain to the office.
I. He/She shall be a delegate to the Medical Society of the State of New
York as provided under Article XIII, Sec. 1., of these Bylaws.
Sec. 2. President-Elect
a. The president-elect shall succeed to the presidency at the end of his/her
term as president-elect. He/She shall perform the duties of the president in
the latter's absence. He/She shall perform such duties as may be requested by
the president. In the event of the president's death, resignation, removal,
incapacity, or refusal to serve, the president-elect shall succeed him/her and
shall serve the remainder of the president's term. If the time so served is
less than six months, he/she shall continue in office until the second annual
meeting following his/her original election as president-elect. If the president-elect
succeeds to the presidency six months or more before the following annual meeting,
the members eligible to vote shall at that meeting elect another eligible member
to be president until the next annual meeting.
b. If the office of president-elect becomes vacant it shall remain so until
the next annual meeting of the society at which time an eligible member shall
be elected to become president-elect.
Sec. 3. Vice President and Delegate
The vice president shall perform the duties of the president in the absence
of both the president and the president-elect. He/She shall perform such other
duties as may be requested by the president. He/She shall be a delegate to the
state society as provided under Article XIII, Sec. 1., of these Bylaws.
Sec. 4. Secretary-Treasurer
a. The secretary-treasurer shall cause to be made and preserve minutes
of the meetings of the society and of the Executive Board; shall issue all notices
of meetings; shall notify applicants for membership of their election; and shall
notify members of their appointment on committees or of their election to office
or as delegates.
b. He/She shall supply applicants for membership with the necessary blanks.
c. He/She shall keep a roster of the members of the society, in which shall
be shown the full names of the members, their addresses, the colleges from which
they were graduated, the date of graduation, the date of license to practice
in this state, and such other information as may be deemed useful. In keeping
the roster, the secretary-treasurer shall note changes by reason of death, removal
to or from the county, revocation of license or other disqualifications, and
in making his/her annual report he/she shall endeavor to account for all members
who have practiced in the county during the year.
d. He/She shall notify the society of the death of any of its members.
e. He/She shall forward a copy of the roster of officers and members and
the list of delegates to the state society to the secretary of the state society,
at least thirty days before the date of its annual meeting.
f. He/She shall certify and affix the official seal of the society to the
credentials of all delegates.
g. He/She shall perform such other duties as usually pertain to his/her
office.
h. He/She shall collect the society dues and assessments, state society
dues and assessments and other monies due the society. He/She shall deposit
and disburse funds of the society in accordance with the orders of the Executive
Board.
He/She shall pay out no monies except on order of the Executive Board
countersigned by the president.
j. His/Her accounts and funds shall be audited annually by a certified
public accountant, selected by the Executive Board.
k. He/She shall, on or before the first of January of each year, mail to
each member a bill for his/her dues and assessments for the ensuing year, ending
December 31.
l. He/She shall notify all members, other than life members, whose society
and state society dues and assessments are unpaid after April 1 or any current
year that he/she is not in good standing and that if not paid by May 1 he/she
will automatically be dropped from membership of both the society and the state
society.
m. He/She shall keep proper books of account which shall at all times by
open for examination by the Executive Board.
n. He/She shall make an annual report to the society and reports to the
Executive Board at is regular meetings.
o. He/She shall furnish each member with a receipt upon payment of the
dues and assessments of the society and the state society.
p. As soon as possible after the first of January of each year, he/she
shall forward to the treasurer of the state society the per capita dues and
assessments required by the state society.
q. He/She shall be bonded at the expense of the society in such reasonable
sum as the Executive Board shall determine.
ARTICLE VIII
Committee on Ethics
Sec. 1. There shall be a committee on Ethics consisting of six members
elected by the membership; two for terms of one year, two for terms of two years,
and two for terms of three years. The chairman of the committee shall be appointed
by the Executive Board from the members of the committee so elected, for a one-year
term. Election to vacancies occurring by reason of expiration of any of the
foregoing terms shall be for three-year terms.
Sec. 2. The committee on Ethics shall perform the duties specified in Article
IX of these Bylaws.
Sec. 3. The committee on Ethics shall report its proceedings to each Regular
Meeting of the Executive Board for their approval. The records and archives
of the committee on Ethics shall be preserved by the Chairman, except as they
may, by vote of the society, be ordered destroyed.
Sec. 4. Three members of the committee on Ethics shall constitute a quorum.
ARTICLE IX
Discipline
Sec. 1. The society may censure, suspend or expel a member by a three-fourths
affirmative vote of the members present and eligible to vote at a regular or
special meeting called for that purpose, for conduct found to be in violation
of Article V of these Bylaws, in accordance with the procedure herein provided.
Sec. 2. The Committee on Ethics shall be charged with the duty of enforcing
Article V of these Bylaws, except in the case of its (Ethics Committee) own
members.
Sec. 3. Disciplinary proceedings against a member shall be initiated:
a. On charges preferred by the Committee on Ethics itself, or
b. On signed written charges from any sources presented to the president.
Sec. 4. When written charges, as aforesaid, have been filed against a member,
the president shall, without delay, refer them to the Committee on Ethics, which
shall meet and examine the charges and the evidence bearing upon the same.
Sec. 5. If the Committee on Ethics be of the opinion that there is substantial
evidence in support of such charges and that a hearing is necessary thereon,
its chairman shall cause to be sent to the accused by registered mail:
a. A copy of the charges.
b. A directive to appear in person before a meeting of the Committee on
Ethics for the purpose of defending her/himself.
c. A copy of Chapters V and IX of these Bylaws. A minimum of ten days shall
elapse from the date of mailing to the date of the meeting to which the accused
has been summoned, inclusive.
Sec. 6. At the time and place appointed the accused shall be required to
make answer to the said charges, either in writing or orally. The Committee
on Ethics shall then proceed to a hearing of the case upon the charges, the
answer thereto and any other evidence adduced, and if no answer be interposed,
upon the charges alone.
Sec. 7. At such hearing the accused may be represented by counsel. He/She
shall have the right of cross-examination and may produce witnesses in his/her
behalf.
Sec. 8. The Committee on Ethics may call as a witness on their own motion
and shall call at the request of the accused, any member of the Society upon
not less than five days notice. Any member failing to obey a summons of the
Committee on Ethics, without a satisfactory excuse, shall be liable to discipline.
Sec. 9. A complete stenographic record of such hearing shall be taken and
preserved by the Committee on Ethics.
Sec. 10. At the conclusion of such hearing the Committee on Ethics may
immediately or at a subsequent meeting decide whether the accused is guilty
of the charges made against him/her, and if so, the degree of discipline to
which the accused should be subject.
Sec. 11. The Committee on Ethics shall report its findings and determination
to the Executive Board. The latter body shall review the report of the Committee
on Ethics and, if approved, report on it to the Society.
Sec. 12. If the Committee on Ethics decides that the accused is innocent
of the charges made against him/her, or that no disciplinary action of any kind
is appropriate, no report need be made to the Society of such decision unless
specifically requested by the Society.
Sec. 13. Charges brought against a member of the Committee on Ethics shall
be heard and determined in the manner above described, except that the Executive
Board shall act in place of the Committee on Ethics, with the same power and
authority.
Sec. 14. Any member who shall have been directed to suffer discipline as
aforesaid may appeal to the Judicial Council of the State Society by filing
a notice of appeal with the secretary of the State Society and the secretary-treasurer
of the Society within three months after service of notice of such final decision
of the Society to the member.
Sec. 15. The Committee on Ethics may conduct investigations into any matters
falling within the province of the Committee, either on its own initiative or
at the request of the Executive Board. In the conduct of any such investigation,
the Committee on its own motion may call as a witness any member of the Society
upon that or any related matter upon not less than five days notice. Any member
failing to obey a summons of the Committee on Ethics, without a satisfactory
excuse, shall be liable to discipline in accordance with the provisions of this
article.
Sec. 16. When the Society has been notified by the State of New York Department
of Health that a member has been found guilty of professional misconduct, as
defined in Section 6509, 6509(a), or 6530 of the Education Law of the State
of New York, this notice shall immediately be referred to the Ethics Committee,
which may, without the initiation of any further charge against said member,
and without the necessity for further proceedings, impose the following discipline
pursuant to Article V, Section 2, of the Bylaws:
a. In a case where the members' license has been revoked or suspended,
without a stay of suspension, the Committee shall summarily recommend to the
Executive Board that the name of said member be deleted from the Society physician
referral list until the Department of Health or Board of Regents' decision shall
have been either stayed, reversed upon appeal, or until termination of the period
of the suspension or probation, or both, imposed by the Department of Health
and/or the Board of Regents pursuant to the findings of the Board of Professional
Medical Conduct. The committee may also recommend to the Executive Board that
the member be formally censured, suspended or expeled.
b. Notice of such conviction by the Department of Health/Board of Regents
shall be accepted by the Ethics Committee as conclusive evidence of due process
having been accorded to the member pursuant to the provisions of Section 6510
of the Education Law, and the member concerned shall be advised immediately
of the discipline imposed by the Ethics Committee, and shall at the same time
be advised that the findings of the Department of Health or Board of Regents
shall be conclusive and that no further proceedings, as provided for in Article
IX, Sections 5-13 of the Society's Bylaws, shall be available.
ARTICLE X
Executive Board
Sec. 1. There shall be an Executive Board to consist of the officers of
the Society, the chairman of the Committee on Ethics, the chairmen of all standing
committees, the immediate past-president, the chairman of the delegates to the
State Society and the chairman of the Peer Review Committee. The Executive Board
shall be the Executive and Administrative body of the Society. Its resolutions
and actions shall be decisive and final except that all resolutions and actions
of the Executive Board are subject to review, reconsideration and action by
the membership at any Regular Meeting of the Society.
Sec. 2. The Executive Board shall meet regularly and such other times as
business may require.
Sec. 3. Special meetings of the Executive Board shall be called whenever
the president deems it necessary or at the written request of four of its members.
Sec. 4. The order of business of regular meetings of the Executive Board
shall be as follows:
1. Reading the minutes of the immediately preceding Regular and Special
Meetings.
2. Report of the secretary-treasurer.
3. Report of the chairman of the Committee on Ethics including consideration
of applicants for membership.
4. Report of the chairman of the Committee on Peer Review.
5. Reports of the chairmen of standing committees.
6. Reports of special committees.
7. Communications.
8. Unfinished business.
9. New business.
10. Adjournment.
Sec. 5.
a. The Executive Board shall have supervision over all standing and special
committees, the Peer Review and Ethics Committees, and the Delegates to the
State society, from whom it shall require reports at least annually or as often
as it may deem necessary.
b. It shall control and direct the expenditures of the general funds of
the Society and designate the public depositories of the Society funds. It shall
provide, in its discretion, for the investment of all or any part of the surplus
funds of the Society.
c. It shall make all arrangements for the meetings of the Society.
d. It shall have the power to employ, discharge, assign the duties and
fix the compensation of any person or persons whom it may find necessary to
employ for the conduct of the activities and affairs of the Society.
e. It shall at its June meeting consider and appoint the members of standing
committees on nomination by the chairman of each committee.
f. It shall fill vacancies in any elective office at its first meeting
after the vacancy occurs, except vacancies in the office of president, president-elect
and of delegates to the State Society.
g. It shall submit to the Society for its approval at each regular meeting
a report of the work done since the preceding regular meeting of the Society.
h. It shall act as a reference committee for the Society. All motions or
resolutions introduced from the floor of the Society which will affect, initiate
or alter the professional or civic policy of the Society, except as properly
introduced at a special meeting, shall be referred to the Executive Board for
study and recommendation before being acted upon by the Society. The presiding
officer of the meeting shall be the sole judge as to whether such resolutions
or motions affect Society policy, and his/her decision shall not be subject
to appeal from the floor. The Executive Board shall render a report upon such
motion or resolution at the next regular meeting of the Society, or at a special
meeting called for that purpose.
i. it shall perform such other duties as may be assigned to it by the Society
or by other provisions of these Bylaws.
j. A majority of its members shall constitute a quorum.
ARTICLE XI
Standing Committees
Sec. 1. The standing committees shall be:
(a) Legislation
(b) Public Health
(c) Economics
(d) Medical Education
(e) Medical Staff Presidents
Sec. 2. General provisions relating to standing committees
a. All members of standing committees shall be appointed by the Executive
Board on nomination by the chairman of each committee, who shall submit his/her
nominations to the Executive Board for consideration at its June meeting. At
least one member of each standing meeting shall be a physician who is a member
of the Society and who has been engaged in the practice of medicine for a period
of less than five years.
b. The conclusions and recommendations of any standing committee shall
be communicated through its chairman in the form of a report to the Executive
Board. After approval by the Executive Board and the Society, such reports and
recommendations shall become official policy of the Society.
c. With the approval of the Executive Board, any standing committee may
report directly to the Society.
d. No committee shall incur any expense or financial obligation chargeable
against the Society without first securing the approval of the Executive Board.
e. Each standing committee shall make a report in writing of its acts and
proceedings to the Executive Board at each meeting thereof.
f. Each standing committee shall keep a record of its reports, hearings,
surveys and data; these records shall be the property of the Society.
g. A majority of each committee shall constitute a quorum, except in the
case of the economics committee a quorum shall consist of a majority of the
chairman and the five members appointed by the Executive Board on nomination
by the chairman as heretofore provided.
Sec. 3. Duties of Standing Committees.
a. Committee on Legislation.
The committee on legislation shall consist of a chairman elected by the
Society, and eight members. It shall be the duty of the committee to inform
itself, to keep the Society informed and to take appropriate action on proposed
or new legislation which may or does affect the practice of medicine, the public
health or other proper interest of the medical profession. It shall advise and
work in cooperation with the corresponding committee of the State Society.
b. Public Health Committee.
The committee on public health shall consist of a chairman elected by the
Society, and five members. It shall inform itself and keep the Society informed
and take appropriate action on matters relating to the public health of this
community and the provision of public and private medical care and shall make
such recommendations with respect thereto as it shall deem necessary.
c. Committee on Economics.
The committee on economics shall consist of a chairman elected by the Society,
and five members. Additional members may be appointed as provided in Article
XII. It shall be the duty of this committee to study and report upon all matters
related to the economic aspects of medical practice and make such reports and
recommendations thereon as it shall deem necessary.
d. Medical Education Committee.
The medical education committee shall consist of a chairman elected by
the Society, and five members. The chairman of this committee shall at all times
be a member of the faculty of the State University of New York at Buffalo, School
of Medicine. It shall be the duty and function of this committee to advance
education in the science of medicine; to study and report on problems in the
field of medical education; to act as a liaison group with the University of
Buffalo School of Medicine and to perform such other duties as may be assigned
to it by the Executive Board.
e. Medical Staff Presidents Committee.
The medical staff presidents committee shall consist of the president of
each hospital medical staff in the County of Erie, or his/her designated representative;
and such other committee members as may be appointed by the Executive Board.
The president-elect of the Society shall be the chairman of the committee. It
shall be the duty of this committee to coordinate institutional planning with
community-wide planning; to function as a liaison agency with the area-wide
planning agency and with all governmental and voluntary agencies involved in
health planning, and to effectuate closer liaison between the Executive Board
and the membership at-large.
ARTICLE XII
Specialty Groups
Sec. 1. The Executive Board shall designate specialty and general practice
sections.
Sec. 2. Eligibility of a member to participate in the election of any section
shall be determined on the basis of his/her Workers' Compensation authorization
rating or in the absence of any rating, as decided by the Workers' Compensation
Committee.
Sec. 3. The president of each local specialty society shall elect a chairman.
Sec. 4. The duly elected chairmen of sections shall become members of the
Committee on Economics pursuant to Article IX, Sec. 3(c).
ARTICLE XIII
Delegates
Sec. 1. The Society shall designate one delegate for each State Legislative
Assembly District in the county to represent the Society for a term of two years
in the House of Delegates of the State Society, as follows:
The president and vice president of the Society shall be delegates by virtue
of their office for a term of two years.
Delegates shall be elected based upon the number of votes received and
the number of vacancies. Those candidates who are not elected to serve as Delegates
shall serve as Alternate Delegates for the same term of office as those elected
as Delegates. All other vacancies in the position of delegate and alternate
delegate occurring by reason of expiration of term shall be filled by secret
mail ballot as provided in Articles XIX and XX of these Bylaws.
Sec. 2. Delegates shall attend all meetings of the House of Delegates of
the State Society. They shall take action at meetings of the House of Delegates
as the Society shall have directed in specific instructions to them.
Sec. 3. The chairman of the Delegates shall be that senior delegate, who
received the highest number of votes at the annual meeting when elected. In
case of a tie vote the chairman shall be decided by vote of the delegates and
alternate delegates.
Sec. 4. The delegates shall, through their chairman, report their action
at the meeting of the House of Delegates to the Society at the regular meeting
immediately following the annual meeting of the State Society. The report shall
contain the names of the delegates who attended and such other matters as may
be necessary or shall have been ordered by the State Society or the Society.
Sec. 5. An elected alternate delegate shall be designated by the president
to assume the duties of any delegate who is unable or unwilling to serve.
Sec. 6. Delegates shall assume office at the first annual meeting of the
House of Delegate subsequent to their election.
ARTICLE XIV
Workers' Compensation Committee
Sec. 1. There shall be a Workers' Compensation Committee composed of a
chairman and five members appointed by the president with the approval of the
Executive Board.
Sec. 2. It shall be the duty of the committee to perform such duties as
are or hereafter may be prescribed by the laws of the State of New York and
the rules and regulations of the New York State Workers' Compensation Board.
The committee shall cooperate with the corresponding committee of the State
Society.
ARTICLE XV
Peer Review Committee
Sec. 1. The peer review committee shall consist of nine members elected
by the membership; three for terms of one year, three for terms of two years,
and three for terms of three years. The chairman of the committee shall be appointed
by the Executive Board from the members of the committee so elected, for a one-year
term. Election to vacancies occurring by reason of expiration of any of the
foregoing terms shall be for three-year terms.
Sec. 2. The committee shall receive, investigate and determine all complaints
against members regarding the cost, quality and the utilization of medical services.
Sec. 3. The peer review committee shall have the power to hold hearings
on any complaint and to require the appearance at any such hearings of the member
against whom the complaint has been made, or of any other member of the Society,
if the testimony of such member, in the judgement of the committee, is necessary
in arriving at a determination of the complaint.
Sec. 4. The peer review committee may require any member to appear before
it to give information with respect to any matter properly before the peer review
committee or subject to inquiry by the peer review committee. The peer review
committee shall report to the committee on ethics, the name of any physician
who refused to appear or to answer. The committee on ethics shall thereupon
cause an investigation to be made into the circumstances of the physician's
refusal to appear or answer. If the committee on ethics finds that the refusal
of the physician is unjustified and without cause, it shall direct the physician
to appear or answer, as the case may be. In the event the physician fails to
comply with the directions of the committee on ethics, that body shall recommend
to the Executive Board the degree of discipline to be imposed upon him, after
a hearing and determination that he/she has unreasonably refused to appear before
the peer review committee, or has refused to answer any proper question or questions
put to him/her by the committee.
Sec. 5. The determination of the committee as to the fairness of any fee
or charge or as to standard of care rendered shall be binding on the member,
and failure of the member to abide by the determination of the committee shall
constitute cause for expulsion from the Society, after hearing and determination
by the committee on ethics in accordance with the provisions of Article IX of
these Bylaws that the member has failed to abide by the determination of the
peer review committee.
Sec. 6. The committee shall have power, subject to approval of the Executive
Board, to adopt reasonable rules and regulations consistent with these Bylaws
supplemental to the provisions of this article.
ARTICLE XVI
Membership Committee
Sec. 1. There shall be a membership committee consisting of a chairman
and five members appointed by the president with the approval of the Executive
Board.
Sec. 2. It shall have the duty of investigating and passing on the eligibility
of applicants for membership and to make recommendations thereon to the Executive
Board.
ARTICLE XVII
Nominating Committee
Sec. 1. There shall be a nominating committee consisting of twelve members
to be elected as hereinafter provided. The president-elect and the immediate
past-president shall be consulting members of the committee with voice but no
vote.
Sec. 2. The committee shall be composed of four members to be elected to
serve for three years each; four members to be elected to serve for two years
each; and four members to be elected to serve for one year each. Election to
vacancies occurring by reason of expiration of any of the foregoing terms shall
be for three-year terms.
Sec. 3. Nominations of candidates to serve on the nominating committee
shall be made from the floor at the regular meeting immediately preceding the
annual meeting. No member of the Society holding an elective office in the Society
shall be eligible to serve on the nominating committee.
Sec. 4. No member of the nominating committee shall be eligible to succeed
himself on such committee until one year has elapsed after the expiration of
the term for which said member was elected.
Sec. 5. The president of the Society shall issue a call in writing for
the annual organization meeting of the nominating committee which shall take
place not later than the first week of November in every year. The committee
shall elect, at that time, its chairman and its secretary.
ARTICLE XVIII
Negotiations Committee
Sec. 1. Beginning in June 1977, there shall be a negotiations committee
composed of not more than 12 physicians appointed by the president for one-year
terms, with the approval of the Executive Board.
Sec. 2. It shall be the duty of the negotiations committee to provide advice,
assistance and representation to members of the Society, either individually
or collectively, with respect to grievances, disputes and professional problems
which arise out of their professional dealings with hospitals, government agencies
and other third parties.
Sec. 3. The vice-president of the Medical Society shall be the chairman
of the negotiations committee.
ARTICLE XIX
Nominations for Elective Offices
Sec. 1. Nominations for elective office shall be presented by the nominating
committee at the regular meeting immediately preceding the annual meeting. This
shall not preclude nominations from the floor.
Sec. 2. In the event of the death or the withdrawal of all of the nominees
for any office or of a number sufficient to bring the list of nominations for
delegates, or any elected committee other than the nominating committee, below
the required number to be elected, the nominating committee shall reconvene
to make further necessary nominations.
ARTICLE XX
Elections
Sec. 1. All officers, delegates, alternate delegates, the committees on
ethics and peer review, chairmen of standing committees and members of the nominating
committee, shall be elected by secret mail ballot.
Sec. 2. A plurality of the votes cast for a given office shall be necessary
for election.
Sec. 3. Delegates, alternate delegates, committees on ethics and peer review,
and members of the nominating committee shall be declared elected in the order
of the number of votes received, beginning at the highest, until the proper
number shall have been chosen. In the case of a tie vote the choice shall be
decided by a majority of the Executive Board.
ARTICLE XXI
Voting
Sec. 1. Any member who is under suspension or who is not in good standing,
as herein defined, shall not be eligible to vote or to hold office.
Sec. 2. Upon receiving the names of the nominees as aforesaid, the Executive
Board shall have ballots prepared and shall mail them to each member in good
standing in an envelope marked "Ballot" not later than 30 days prior to the
annual meeting. Such ballot envelope shall be accompanied by a return envelope
addressed to the secretary-treasurer of the Society containing on its face a
form for the voter's name and address.
Ballots shall be returned to the Society postmarked not later than ten
days after the date of mailing. After such tenth day the tellers of election
shall extract the ballot envelopes from the return envelopes and shall place
the ballot envelopes unopened in a ballot box.
After all the ballot envelopes are in the ballot box the tellers shall
proceed to count the ballots. Ballots marked for a greater or lesser number
of candidates for delegate, alternate delegate, members of the ethics, peer
review and nominating committees, ballots postmarked more than ten days after
the date of mailing, ballots contained in returned envelopes not bearing the
legible name and address of the voter and ballots received from members not
eligible to vote, shall not be counted.
Sec. 3. After having canvassed the votes in the manner aforesaid the chairman
of the tellers of election shall report the results to the president who shall
announce it to the members at the annual meeting and to the Society.
Sec. 4. The right to vote at meetings of the Society may be exercised either
in person or by proxy, except that proxy voting shall not be permitted at the
annual elections.
ARTICLE XXII
Meetings
Sec. 1. Regular meetings of the Society shall be held at least three times
in each administrative year, including the annual meeting, which shall be held
prior to July 1. The Executive Board shall designate the date, time and place
of each meeting except as provided in Section 2 of this article.
Sec. 2. The annual meeting shall be held in Erie County.
Sec. 3. Notices of the annual and regular meetings shall state the date,
place, and hour, and shall be mailed to each member by first class mail not
less than ten nor more than fifty days before said meeting.
Sec. 4. Special meetings of the Society shall be called at the request
of a majority of the Executive Board or the written request of the members entitled
to cast 10% of the total number of votes entitled to be cast at such meeting.
Notice of all special meetings shall be mailed by first class mail to every
member at least ten days and not more than fifty days before said meeting and
shall state the date, place, hour and purpose of the meeting. No other business
at any special meeting shall be conducted except such as is stated in the notice.
Sec. 5. The secretary-treasurer's affidavit of mailing of notices to the
last recorded address of a member shall be deemed sufficient proof of the service
of such notice.
Sec. 6. The members entitled to cast one hundred votes or ten percent of
the total number of votes entitled to be cast, whichever is less, shall constitute
a quorum.
Sec. 7. The order of business at the annual and regular meetings shall
be:
1. Reading of the minutes of the last regular meeting and of special
meetings held since then.
2. Reports of the Executive Board.
3. Reports of officers and committees.
4. Communications.
5. Unfinished business.
6. New business.
7. Scientific communications.
8. Adjournment.
Sec. 8. The Society shall not act on any resolutions intended for introduction
as a Society resolution in the House of Delegates of the State Society unless
the resolution has first been submitted to the Executive Board and the Executive
Board has reported and made a recommendation thereon.
ARTICLE XXIII
Dues
Sec. 1. Each member shall pay annually the appropriate dues as set by the
Executive Board which shall be due on the first day of January. At the same
time he/she shall pay the amount of the Medical Society of the State of New
York per capita dues and assessments fixed by the House of Delegates for the
current year.
Sec. 2. Dues and assessments for resident members may be not more than
one-tenth the amount levied on all other active members.
Sec. 3. Good Standing.
a. Any member suspended from the Society shall be considered not to be
in good standing during the period of such suspension.
b. A member is in good standing when his/her dues and assessments to the
Society and dues and assessments of the State Society have been paid when they
are due and payable.
c. A member whose dues and assessments are unpaid after April 1, of any
current year, is not in good standing.
d. A member whose dues and assessments are unpaid by May 1, of any current
year, shall automatically be dropped from the membership rolls of the Society
and the State Society upon reasonable notice to such member and without further
action on the part of the Society or the State Society.
Sec. 4. A copy of each issue of the Bulletin of the Medical
Society of the County of Erie shall be sent to each member of the Medical
Society.
ARTICLE XXIV
Rules of Order
Sec. 1. The deliberations of the Society shall be governed by the parliamentary
usage, as contained in "Sturgis Standard Code of Parliamentary Procedure" when
the latter is not in conflict with the Constitution and Bylaws of the State
Society and the Bylaws of this Society.
ARTICLE XXV
Seal
Sec. 1. The seal of the Society shall be as follows:
Go to Seal
Medical Society of the County of Erie, New York, Organized 1821, Incorporated
1897.
ARTICLE XXVI
Amendments
Sec. 1. Amendments or additions to these Bylaws may be made by a two-thirds
vote of the members present and eligible to vote at a regular meeting, provided
that notice of such amendments or additions shall have been presented in writing
at any regular meeting preceding, and that a copy of such amendments or additions
shall have been sent to each member with the notice of the meeting at which
they are to be considered.
Sec. 2. In accordance with the Bylaws of the State Society, all amendments
to these Bylaws shall be submitted to the Council of the State Society for its
approval before becoming valid.
Sec. 3. The Bylaws which refer to the Order of Business, may be temporarily
suspended, by 2/3 vote at any regular or annual meeting.
Sec. 4. Amendments made obligatory by the laws of the State and/or by an
enactment of the State Society shall be considered as adopted and as part of
these Bylaws.
Sec. 5. These Bylaws shall become effective on the first of January, immediately
following the date of their adoption and all other Bylaws of the Society heretofore
adopted shall be and are hereby repealed.
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