Bylaws of The American Society of Neuroimaging, Inc.
Article I. NAME
Article II. OFFICES
Article III. PURPOSE
Article IV. MEMBERSHIP
Article V. FORFEITURE OF MEMBERSHIP
Article VI. OFFICERS
Article VII. BOARD OF DIRECTORS
Article VIII. EXECUTIVE COMMITTEE
Article IX. SECTIONS
Article X. ADVISORY COMMITTEES
Article XI. MEETING OF MEMBERS
Article XII. FUNDS
Article XIII. PUBLICATIONS
Article XIV. DISSOLUTION
Article XV. SEAL
Article XVI. AMENDMENTS AND CHANGES IN BYLAWS
The name of this corporation is "American Society of Neuroimaging, Inc.," hereinafter referred to as "ASN" or "The Society."
Principal Office: The principal office for the transaction of business of the Society shall be the office of the Association Manager.
Association Manager: The Board of Directors shall designate an individual to serve as Association Manager for The Society. He/she will recommend and participate in the formulation of new policies and make decisions within existing policy, as they have been approved by the Board. The Association Manager will plan, organize, direct and coordinate the activities of the Society to assure that objectives are attained, plans fulfilled, and members' needs met.
The Society is a professional, scientific and educational organization whose purpose is to promote the highest standards in scientific research and educational programs in Neuroimaging and to widely institute the cause of medical care for patients with neurological disorders.
Because neurologists, neurosurgeons, neuroradiologists and neuroscientists have traditionally been concerned with neuroimaging procedures and their interpretation; and because newly evolving techniques for imaging the brain, spinal cord, nerve roots, and muscles, as well as for measuring blood flow and other dynamic neurofunctions, are of greatest importance in neurological patient care, teaching, and research; therefore, the Society strongly supports involvement of qualified neurologists, neurosurgeons, neuroradiologists, and neuroscientists in the decision making, development, performance, and interpretation of these procedures and in the execution of programs designed to teach these new techniques to physicians, technologists and students.
The Society advocates the collaboration among professionals in neurology, neurosurgery, neuroradiology, internal medicine, neuropsychiatry, neuropsychology, and related basic science disciplines for furthering the development of diagnostic techniques and applications through both research and educational programs.
In order to accomplish the purposes of The Society there shall be an annual meeting of the members, an official journal, sponsorship of research and scholarship, credentialing examinations, cooperation with other neuroscience organizations, and development of quality assurance review processes.
The membership in The Society shall be limited to and shall consist of those persons within the U.S. and/or Canada who are active members, associate members, junior members, honorary and distinguished members, senior members, technologist members, and sustaining members; and corresponding members outside the U.S. and Canada.
A. Active Members: An active member shall be a Doctor of Medicine or Osteopathy whose professional interest is devoted to neurology, neurological surgery, neuroradiology, or other related disciplines.
B. Associate Members: An associate member shall hold a doctorate degree or shall have equivalent training. His or her professional interest should be devoted to research or education in the neurosciences. Associate members are not eligible for ASN credentialing examinations.
C. Junior Members: A junior member shall be an individual who is an undergraduate or graduate medical student, resident, or fellow enrolled in an accredited program in neurology, neurological surgery, neuroradiololgy or other related discipline of neuroscience, and who is interested in the furtherance of the purposes of the Society. Junior membership will also be considered for other pre-professional applicants upon recommendation by the Membership Committee and subsequent approval by the ASN Board of Directors.
D. Honorary and Distinguished Members: Honorary members (who are not previously ASN members) and distinguished members (who must have been active members) shall be individuals who, in the judgment of the President and confirmed by the Board of Directors, have made extraordinary contributions which further the purposes of The Society. Persons remain in these categories at the pleasure of the Board upon action initiated by the President.
E. Senior Members: A senior member shall be an individual who was formerly an active or associate member and who has either retired from active practice or from active educational pursuits and who has applied to the Membership Committee of The Society for elevation to such status.
F. Technologist Members: Technologist members are individuals with advanced technical training applied to neuroimaging modalities (MRI, CT, PET, SPECT, neurosonology, etc.). Technologist members are not eligible for ASN physician credentialing examinations.
G. Sustaining Members: Sustaining members are members who have provided substantial additional financial support to The Society, as established by election of the Board of Directors.
H. Corresponding Members: Corresponding members are doctorate-level members living outside the U.S. and Canada who are involved professionally in neuroimaging practice and/or research.
Application for membership or for change in membership status shall be reviewed and approved on a regular basis by the Chair of the Membership Committee.
Active, senior, and distinguished members may vote on matters coming before The Society, including the election of officers, and only active, or distinguished members may hold office in The Society. Active, distinguished, junior and senior members are eligible for ASN credentialing examinations.
Membership may be denied, revoked or restricted for cause only by action of the Board, which may only be taken pursuant to the Society Disciplinary Policy. The Society Disciplinary Policy sets forth the procedures governing investigation, hearing and appeal, which shall be consistent with the following provisions.
The failure of a member of the Society to pay his dues for two consecutive years may be considered sufficient cause for forfeiture of membership unless otherwise directed by majority vote of the Board of Directors. Once a year the Secretary shall give written notice to those members who are in danger of forfeiting their membership, but failure of the member to receive such notification shall not prevent forfeiture. If the member fails to discharge this financial obligation within 90 days after mailing of notification by registered mail of his financial obligation the Board of Directors shall be informed, and may after due consideration, recommend that the delinquent member be dropped from membership in The Society.
Current and proposed members of the Society shall be subject to disciplinary action as set forth in the Society's Disciplinary Policy.
Any person may provide information to the Society about the professional conduct, performance or competence of its members. Matters shall be subject to investigation by an ad hoc Investigation Committee according to the Disciplinary Policy. The Committee shall provide the Board and the physician with its written decision and recommendation for action. Disciplinary actions may include, but not be limited to censure, suspension or expulsion from the Society.
If a hearing is warranted and requested, it shall be conducted according to the Disciplinary Policy before an impartial panel to be designated by the President. The physician has at least the following rights at the hearing: representation by an attorney or other person of his/her choosing; to have a record of the hearing made and made available at a reasonable cost; to call, examine and cross-examine witnesses; to present evidence deemed relevant by the hearing officer; and to submit a written statement to the hearing panel at the close of the hearing.
The physician may appeal the decision of the hearing panel by filing an appeal with the President of the Society within 30 days of the hearing panel decision. The appeal shall be conducted by the full Board according to the Disciplinary Policy.
The Society Disciplinary Policy may be amended by resolution of the Board.
The officers of The Society shall consist of a President, Vice-President, Secretary and Treasurer. Such officers will serve without monetary compensation but shall be entitled to reimbursement of out-of-pocket expenditures made by them on behalf of The Society and in discharging their duties as officers. Only active or distinguished members of The Society shall be eligible to hold these offices. The office of President and Secretary may not be held concurrently by the same person. The Vice-President, Secretary, and the Treasurer shall be elected at the annual meeting of members and each officer shall serve a two-year term. The Vice-President shall automatically become President for a two-year term upon expiration of the term of the then-serving President. The President may not succeed himself as President or Vice-President, but the Secretary and Treasurer may be elected for a second two-year term.
The officers of The Society shall be elected by a simple majority of the voting members of The Society present at the annual meeting of the members of The Society. If the office of Vice-President, Secretary, or Treasurer becomes vacant between the annual meetings for any reason, the Board of Directors shall elect in a timely manner a successor to serve the unexpired term.
The President shall be the chief executive officer of The Society and shall be responsible for the administration of The Society, including general supervision of the policies of The Society and general and active management of the affairs of The Society. He/she shall have the authority to execute contracts or agreements under the seal of The Society. The President shall preside at all meetings of the members and at all meetings of the Board of Directors of The Society. He/she shall have the power to delegate the authority to preside at such meetings to any other person in the absence of the Vice-President. He/she shall appoint the chairpersons of the committees described in Article VIII of these Bylaws and shall fill vacancies occurring in any committee chairmanship so appointed. Upon his/her election to office, the President shall also become a member of the Board of Directors and a member of the Executive Committee if such committee has been created by the Board.
The Vice-President shall assist the President in performing his/her duties and shall preside at any meeting in the President's absence. He/she shall succeed to presidency upon that office becoming vacant for any reason, including death, resignation or incapacity of the President.
The Secretary shall keep, or cause to be kept, a book of minutes at the principal office of The Society, or such other place as the Board may order, of all meetings of the Board and membership, with the time and place of holding, the names of those present at Board Meetings, and the proceedings thereof.
The Secretary shall give, or cause to be given, notice of all meetings required by these Bylaws, oversee the safekeeping of the seal of The Society, and approve the use of the seal. He/she shall have such other powers and perform such other duties as may be prescribed by the Board or by these Bylaws.
The Treasurer shall oversee and approve the deposit of all monies and other valuables in the name of and to the credit of The Society with such depositories as may be designated with the approval of the Board. He/she shall oversee the disbursement of the funds of the Society as may be ordered by the Board and shall render to the President and the Board, whenever it is requested an account of all of the financial transactions and an accounting of the financial condition of The Society. He/she shall oversee the collection of dues and recommend termination of delinquent members; he/she shall develop and recommend an annual budget in cooperation with the Finance Committee and the Executive Director; he/she shall ensure that all funds, physical assets, and other property of The Society are appropriately safeguarded and administered; and shall have such other powers and perform such other duties as may be prescribed by the Board of Directors by these Bylaws.
Any officer of The Society may be removed from office at any time by two-thirds affirmative vote of the voting members of The Society, or by a two-thirds affirmative vote of the Board of Directors.
The Board of Directors shall include the following persons: the current President, Vice-President, Secretary and Treasurer of The Society; the immediate past President of The Society; the Editor-in-Chief of the Journal of Neuroimaging who shall serve ex officio, advisory, and nonvoting; and twelve members, four of whom are to be nominated by the Nominating Committee and approved by the Board of Directors prior to each meeting of members and then elected by a majority of the members of The Society present and voting, as indicated below. In addition, the President of The Society, upon the recommendation of the Board of Directors may appoint advisory, non-voting Directors to serve as advisors to the Board of Directors. The number of advisors and length of their term shall be at the discretion of the President. The current President, the Vice-President, the Secretary and the Treasurer of The Society shall automatically serve on the Board of Directors immediately upon the effectiveness of their election to office, and the immediate past President shall likewise automatically serve on the Board of Directors. The directors comprised of the current officers and immediate past President of The Society shall serve as directors for a two-year term. The directors elected at the annual meetings of the members (the "elected directors") shall serve three year terms with one-third of their number being elected each year.
A majority of the directors then constituting the membership of the Board of Directors shall constitute a quorum for the transaction of business. Except as otherwise provided in these Bylaws, all resolutions adopted and all business transactions by the Board of Directors shall require the affirmative vote of the majority of the directors present at a meeting, with each director, other than an advisory director, to have on vote.
Any vacancy occurring on the Board of Directors by reason of death, resignation or incapacity to serve may be filled by the affirmative vote of a majority of the remaining directors, though less than a quorum of the Board, or by the sole remaining director, as the case may be, or if the vacancy is not so filled, or if no director remains, by the affirmative vote of a majority of the active members of The Society present and entitled to vote at a meeting of the members.
The Board of Directors shall meet annually during the annual meeting of the members; provided that the failure to hold the annual meeting of the directors shall not work a forfeiture or affect otherwise valid corporate acts. Special meetings of the Board of Directors may be called at any time by the President or by five directors on two days' notice, which may be given personally or by first class mail, telegram, cablegram, or fax and shall be deemed given three days after mailing or when a telegram cablegram, fax is sent, addressed to the director at his/her address as it appears on the membership records of The Society. Notice of any such meeting may be waived by an instrument in writing. Attendance of a director at a meeting shall constitute a waiver of notice of such meeting and waiver of any and all objections to the place of the meeting, the time of the meeting, or the manner in which it was called or convened, except when a director states, at the beginning of the meeting, any such objection or objections to the transaction of business.
Any action required to be taken at a meeting of the Board of Directors, or any action that may be taken at a meeting of the Board of Directors, may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by a majority of the directors, other than advisory directors, and be filed with the minutes of the proceedings of the Board of Directors.
Any elected director or advisory director may be removed from such position at any time by two-thirds affirmative vote of the active members of The Society, and any advisory director may be removed from such position at any time by two-thirds affirmative vote of the Board of Directors.
The Board of Directors may, by resolution passed by a majority of the whole Board, designate an Executive Committee which shall consist of three or more of the directors of The Society. The Board may designate one or more directors as alternate members of the Executive Committee who may replace any absent or disqualified member at any meeting of the Committee. In the case of absence or disqualification of a member of the Executive Committee, the member or members thereof present at any meeting and not disqualified from voting, whether or not they constitute a quorum, may unanimously appoint another member of the Board to act at the meeting in place of any such absent or disqualified member. Except as otherwise stated in these Bylaws, the Executive Committee, as shall be provided in the resolution of the Board by which it is designated, shall have and may exercise all the powers and authority of the Board and therefore of The Society. A majority of the entire authorized and designated number of members of the Executive Committee shall constitute a quorum for the transaction of business, and the vote of a majority of the members present at a meeting at the time of such vote, if a quorum is then present, shall be the act of the Executive Committee. The Executive Committee is directly responsible to the Board of Directors, and all actions taken by the committee shall be reviewed for approval by the Board.
Any action required to be taken at a meeting of the Executive Committee, or any action that may be taken at the meeting of the Executive Committee, may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all the members of the Executive Committee and shall be filed with the minutes of the proceedings of the Executive Committee.
An updates list of sections and their leadership shall be kept by the Society Manager. The sections shall provide guidance to the Board of Directors on the Society's activities or policies regarding MRI/CT or Neurosonology modalities. Sections shall have none of the powers or authority granted the Board of Directors by law, by the Articles of Incorporation or in these Bylaws.
The Chairman of each section will be appointed by the President of the Society and any vacancies in the Chairmanship of such committees shall be filled by the president.
The original, substitute and successor members of the sections will be selected by the chairman of the respective committees.
The advisory committees of The Society shall consist of a Bylaws Committee, a Nominating Committee, a Membership Committee a Finance Committee, an Education Committee, a Certification Committee, a Journal Oversight Committee, a Quality Standards Committee and such other advisory committees as may be formed by the Board of Directors. The advisory committees shall function solely in an advisory capacity and shall have none of the powers or authority granted the Board of Directors by law, by The Articles of Incorporation or in these Bylaws.
The chairman of each of the respective committees will be appointed by the President. Except as provided in these Bylaws, the original, substitute, and successor members of the advisory committees will be selected by the chairman of the respective committees.
The function, and, if different than indicated in Section II, the composition of each of the advisory committees shall be as follows:
A. Bylaws Committee -- The Bylaws Committee shall review the bylaws of The Society at intervals and shall review any proposed changes in the bylaws and make recommendations for changes to the Board of Directors.
B. Nominating Committee -- It shall propose to the Board the names of individuals to replace Officers or Board Members completing their term of service or vacating their offices for any reason. It shall be chaired by the immediate Past President. In addition, the committee shall consist of the President, Vice-President, and three Board Directors, appointed by the President.
C. Membership Committee -- The Membership Committee shall review membership applications and present recommendations for membership to the Board of Directors.
D. Finance Committee -- The Finance Committee shall assist the Treasurer and review the annual financial report and budget proposals of the Journal of Neuroimaging.
E. Education Committee -- It shall coordinate all the aspects of neuroimaging training for the members of the Society and assist in the development of training programs in neuroimaging at a resident and fellow level. This committee shall be chaired by the Vice-President It shall have two subcommittees:
(a.) Program Committee -- It will establish the schedule and content of the educational and scientific offerings at the Annual Meeting of the Society.
(b.) Scientific Committee -- It will review submissions for presentation of scientific papers at the Annual Meeting and select for presentation those that meet high standards of quality. It will also designate the submissions to be awarded the McKinney and Oldendorf Awards.
F. Certification Committee -- It shall be responsible for the certification of qualified members of the Society who demonstrate adequate knowledge, training and/or experience in any or all of the areas of neuroimaging.
G. Journal Oversight Committee -- An Advisory Committee shall maintain a liaison between the Board, the publisher and the Editor of Neuroimaging. The Committee shall consist of three persons, the chairman of which shall be appointed by the President.
H. Quality Standards Committee -- This committee shall consist of at least three active members representing two or more clinical subspecialties and have the purpose of responding to requests by the membership or by hospitals to perform site visits and to gather data regarding the quality of individual neuroimaging facilities and to assist in resolving impartially disputes regarding the quality and appropriateness of neuroimaging service. If necessary, additional ad hoc reviewers (from outside the Society membership) may be added to the review process. Costs for such review will be the responsibility of the requesting individual or hospital. This committee shall be additionally charged with the task of developing practice guidelines in the field of neuroimaging.
The annual meeting of the members shall be held at such time and place as may be determined by the Board of Directors. Notice of meetings shall be mailed to each member at least 30 days before such meeting. The notice will specify the time, place and purpose of the meeting.
The arrangements for the annual meeting of the members of The Society will be made by the Association Manager. The scientific portion of the meeting will be arranged and carried out by the Program Committee.
Special meetings for the members of The Society may be called by the President at the request of a majority of the members of the Board of Directors.
A majority of the active members registered by any annual or special meeting of the mambers shall constitute a quorum for the transaction of business; all resolutions and business transacted shall require the affirmative vote of a majority of the voting members present at the time a vote is held.
Funds of The Society shall primarily be obtained through dues and assessments of The Society's members. The amount of the dues and assessments for each class of members will be determined by the Board of Directors. The Association Manager shall notify members concerning dues of The Society each year.
Additional funds will be obtained by The Society through registration fees for the annual meeting of members.
The Society may publish or reproduce scientific papers, hold symposiums, and make gifts, scholarships, fellowships or grants for any of the purposes of The Society; and it may seek, acquire, hold and use gifts, bequests, devises, endowments, trusts and grants from any source to accomplish any or all of the purposes of The Society.
An annual accounting of the fund of The Society will be given in written form to the membership at the annual meeting of members by the Treasurer of The Society.
No dividend shall be paid and no part of the income, net earnings, or profit of The Society shall be distributed to its members, directors or officers or to any other individual.
Section I. Journal of Neuroimaging
A. The governance of affairs of the Journal of Neuroimaging is the responsibility of the Board of Directors. The Board of Directors shall report on the affairs of the Journal of Neuroimaging to the membership each year at the time of the annual meeting. This report may be made by either a member of the Board of Directors or by the Editor, whichever is deemed appropriate by the Board of Directors.
B. The Editor shall be appointed by the President upon recommendation by the Board of Directors for a term of four (4) years, renewable once. The Board of Directors shall have the option of a third term of one (1) year in order to allow further time to make the decision about a new Editor. An individual nominated for editorship of the Journal of Neuroimaging must be a member of The Society at the time he/she assumes the editorship.
The Editor shall serve at the pleasure of the Board of Directors. The Editor may be asked to step aside by the Board of Directors with two (2) months notice. This period may be lengthened or shortened by mutual assent of the Board of Directors and the Editor. The Editor should give six (6) months notice if he/she decides to relinquish editorship. In the event of illness or emergency causing the Editor to discontinue duties, the President shall appoint one of the Associate Editors as Editor effective until such time as a new Editor can be appointed. The Editor is accountable directly to the Board of Directors. The Editor will report annually to the Board of Directors or as frequently as events may dictate. There shall be a broad range of editorial autonomy; however, it should be understood that the Editor will share major decisions with the Board of Directors. Major decisions include such matters as the choice of a publisher, the frequency of publication, and similar questions. The Editor, upon the advice of the Editorial Board, shall have complete and final authority for the selection, editorial modification, and quality of all materials published. Working relationships with the publisher shall be completely within the authority of the Editor. Editorial operations shall not be subject to direct review by the Board of Directors or by The Society.
C. Members of the Editorial Board shall be approved by the Board of Directors upon recommendation of the Editor. The size and composition of the Editorial Board will be such as to meet the needs of the Journal of Neuroimaging, as determined by the Editor. The Editor shall have the authority to recommend the appointment of an Associate Editor whose term on the Editorial Board will be coterminous with that of the Editor. When appropriate, the Editor will recommend Corresponding Editors from other countries who will be regular members of the Editorial Board and have similar responsibilities.
D. Budgetary commitments between the publisher and The Society are the responsibility of the Board of Directors with the approval of the membership. Contractual relations with the publisher shall be made by the Journal Oversight Committee with the approval of the Board of Directors. Financial considerations of the Journal of Neuroimaging shall be part of the regular reporting function to the Board of Directors by the Journal Oversight Committee and the Finance Committee. The Editor shall be reimbursed by the publisher for all secretarial and clerical expenses of maintaining the Editor's office. In addition, the Editor shall be provided with a stipend, to be determined by the Board of Directors. The Oversight Committee shall be responsible for negotiating these fiscal matters with the publisher and the Editor.
E. Subscriptions to the Journal of Neuroimaging will be provided to all dues-paying members of The Society.
In the event of dissolution of The Society, the assets of The Society must be distributed to an organization selected by the Board of Directors which is organized and operated for scientific, educational, or public purposes and activities substantially similar to those for which The Society was organized and which is described in Section 501 (c) (3), 501 (c) (4) or 501 (c) (6) of The Internal Revenue Code of 1954, as amended, or the corresponding provisions of any future Internal Revenue laws. Should the Board of Directors fail to designate such a recipient organization upon dissolution, the Presiding judge of the Superior Court of Fulton County, Georgia shall select such a recipient organization upon petition of any member or any other person. None of the assets may be distributed to the members or to any other private person or individual upon dissolution.
Article XV. SEAL
The Seal of The Society shall be in such form as the Board of Directors may from time to time determine. In the event it is inconvenient to use such a seal at any time, the name of The Society following the word "Seal" enclosed in parentheses or scroll shall be deemed the seal of The Society. The seal shall be in the custody of the Association Manager and affixed by him/her on such papers as may be directed by law, by these Bylaws, by the President of The Society or by the Board of Directors.
These Bylaws may be amended by the Board of Directors at any regular or special meeting of the Board of Directors upon at least 30 days written notice to the directors stating the substance of the proposed change. Such amendments will become effective when approved by a majority of the Board of Directors present and voting at such meeting.
No amendment, alteration, or repeal of Article XII of these Bylaws shall ever be made, said provision being contractual in nature.
-revised, May, 1995
DISCIPLINARY POLICY OF THE AMERICAN SOCIETY OF NEUROIMAGING
I. GROUNDS FOR DISCIPLINARY ACTION
Members of and applicants to the Society shall be subject to disciplinary action as set forth in this Policy on any of the following grounds:
A. Violation of the Society Articles of Incorporation or By-laws;
B. Willful falsification of information submitted to the Society for election to membership;
C. Professional misconduct;
D. Conviction of a felony or any crime involving the practice of medicine;
E. Failure to cooperate with this disciplinary process.
II. INITIATION OF DISCIPLINARY ACTION
A. Criteria for Investigation. Any person may provide information to the Secretary of the Society about the professional conduct, performance or competence of its members. All matters which may constitute grounds for disciplinary action shall be referred to an ad hoc investigation committee appointed by the President, comprised of five impartial Society members. Each matter initially substantiated through reliable information obtained by the ad hoc investigation committee shall be subject to investigation.
B. Investigation. Promptly upon substantiation, the ad hoc investigation committee shall conduct an initial investigation. The member shall be notified that an investigation is being conducted and shall be given an opportunity to provide information in a manner and upon such terms as the ad hoc investigation committee deems appropriate. The ad hoc investigation committee may, but is not obligated to, conduct interviews with persons involved; however, such investigation shall not constitute a "hearing" as that term is used in this policy, nor shall the procedural rules with respect to hearings or appeals apply.
C. Recommendation Following Investigation. As soon as practicable after the conclusion of the investigation, the committee shall provide the Board and the member with its written decision and recommendation for action, which may include, without limitations:
1. determining no disciplinary action be taken and, if it determines there was no credible evidence for the complaint in the first instance, removing any adverse information from the member's file;
2. deferring action for a reasonable time where circumstances warrant;
3. issuing letters of censure, to which the affected member may make a written response which shall be placed in the member's file;
4. recommending the imposition of terms of probation or special limitation upon continued membership including, without limitation, requirements for monitoring;
5. recommending suspension, denial or expulsion of membership; and
6. taking other actions deemed appropriate under the circumstances.
III. HEARING ON ADVERSE RECOMMENDATION
A. Notice of Proposed Action. If the recommendation of the ad hoc investigation committee adversely affects membership, the notice shall state:
1. The accusation against the member;
2. That a membership action may be taken as a result of the accusation;
3. That the member has the right to request a hearing before a panel to be designated by the President, which panel shall be comprised of members who have not participated in any process involving the allegations and who are not in direct economic competition with the member as determined by the President;
4. The time limit within which he or she must request a hearing on the accusation, which may not be less than thirty (30) days from the date of the notice of investigation review;
5. A summary of the member's rights in the hearing; and
6. That a membership action concerning a physician member, if taken and related to an issue relevant to the concerns of a medical board, for a physician member, may be reported to relevant state medical boards and the National Practitioner Data Bank.
B. Notice of Hearing. If a member requests a hearing in a timely fashion, the Society shall give the member notice of the hearing, stating:
1. The place, time and date of the hearing, which date shall not be fewer than thirty (30) days or more than sixty (60) days after the notice of the hearing;
2. The names of any witnesses expected to testify against the member, and requesting the member to provide a list of witnesses testifying on the member's behalf at least ten (10) days prior to the hearing; and
3. That the member's failure to appear for the hearing shall constitute waiver of hearing rights, if the member's failure to appear was without good cause.
C. Conduct of the Hearing.
1. The hearing shall be conducted before a panel to be designated by the President, which panel shall be comprised of five (5) Society members who have not participated in any process involving the allegations and who are not in direct economic competition with the member as determined by the President. The President may elect to appoint an independent attorney, who shall not be the member's or the Society's counsel, to serve as hearing officer without vote, or may appoint a hearing officer with vote from the panel membership. The allegations against the member shall be brought forward by a representative of the ad hoc investigation committee. The member shall respond to the allegations.
2. At the hearing, the member has the following rights:
a. To representation by an attorney or other person of his/her choosing;
b. To have a record made of the hearing and to have copies of the record available upon payment of reasonable charges;
c. To call, examine and cross-examine witnesses;
d. To present evidence determined by the hearing officer to be relevant even if such evidence would not be admissible in a court of law; and
e. To submit a written statement to the hearing panel at the close of the hearing.
D. Hearing Panel Decision. After the hearing is concluded, the member has the right to receive the hearing panel's written report and recommendation(s) of action to the Board, including the hearing panel's basis for its recommendation(s), within twenty (20) days of the decision.
In the case of a member physician who has been found to have carried out an action of concern to a medical board, the text of the report to the National Practitioner Data Bank and to the relevant state medical board, if any, shall accompany each copy of the decision. The member shall simultaneously be notified of the opportunity to appeal the hearing panel decision to the Board within thirty (30) days of the date of the hearing panel.
E. Final Action in the Absence of Appeal.
1. The hearing panel decision is not the final action of the Society. The Board may adopt or reject the hearing panel recommendations, but only after all rights to appeal are exhausted or waived.
2. Upon notice to the Secretary that the member waives the right to appeal to the Board, or upon the thirty-first day following the date of the hearing panel's decision, the decision of the hearing panel shall be forwarded to the Board for final action at its next scheduled meeting.
3. The Board's decision shall be in writing, shall state the basis therefor, and shall be the final action of the Society. The written decision shall be immediately sent to the member by certified mail. The text of the Society's proposed reports to the National Practitioner Data Bank and to the relevant state medical boards, if any, shall accompany each copy of the decision
A. Appeal of Hearing Panel Decision. The member may appeal a decision of the hearing panel by filing an appeal with the Secretary of the Society within thirty (30) days of the hearing panel decision.
B. Notice of Hearing on Appeal. The Secretary shall notify the physician of the time, place and date of the hearing on appeal, which date shall not be fewer than thirty (30) days nor more than sixty (60) days after the date of the notice of hearing on appeal.
C. Conduct of Hearing on Appeal.
1. The appeal shall be heard by the full Board; however, any member of the Board who is in direct economic competition with the member, or has participated in any process involving the allegations against the member shall not be entitled to participate in the appeal hearing, deliberations or decisions.
2. Both the member and the ad hoc investigation committee shall have the right to be represented by counsel, to present arguments, and to submit written statements at the close of the hearing on appeal. No new evidence may be presented by either party unless the evidence could not have been presented at the original hearing, as determined by the hearing officer.
D. Council Decision on Appeal. Within thirty (30) days of the conclusion of the appeal hearing, the Board shall issue a written decision, stating the basis therefor, which shall be the final action of the Society. The written decision shall be immediately sent to the member by certified mail. In these cases where the action concerned by a physician, would be of interest to a medical board, the text of the Society's proposed reports to the National Practitioner Data Bank and to the relevant state medical boards, if any, shall accompany each copy of the decision.
V. REPORTING FINAL ACTIONS
A. The Society's action shall not be considered to be final until all appeal rights have been either exhausted or waived.
B. The applicant or member shall receive notice of an opportunity to meet with the Society President or his or her designee, and the Legal Counsel of the Society at the discretion of the Society's President to review and discuss the text of the reports before the reports are filed. The applicant or member shall be informed, where applicable, that the National Practitioner Data Bank report shall be sent to the Minnesota Board of Medical Practice and any state report required shall be sent to the relevant state board no later than fifteen (15) days after the date the report became final.
VI. SUSPENSION OF INVESTIGATIVE OR APPEAL PROCESS
The process described in this Policy may be suspended at any time if the matter at issue in this process is pending in another forum, including, but not limited to, any court, state licensing board or other governmental agency, until the matter is resolved in the other forum.
VII. IMMUNITY AND CONFIDENTIALITY
Information made available to the Society during the course of an investigative review shall be confidential and shall not be disclosed. All Society members conducting review shall do so in good faith, and, to the extent that their obligations are carried out in good faith, shall be fully indemnified and held harmless by the Society.
VIII. AMENDMENT TO THE INVESTIGATIVE REVIEW POLICY
This Policy shall be subject to amendment by action of the Board of Directors.
-Revised July 2005