MEDICAL SOCIETY OF THE STATE OF NEW YORK
CONSTITUTION AND BY-LAWS 1929 ARTICLE I: NAME AND PURPOSES The name and title of the Society shall be the Medical Society of the State of New York. The purposes of the Society shall be to federate and bring into one compact organization the medical profession of the State of New York; to extend medical knowledge and advance medical science; to elevate the standard of medical education; to secure the enactment and enforcement of just medical laws; to promote friendly intercourse among physicians; to guard and foster the material interests of its members, and to protect them against imposition; and to enlighten and direct public opinion in regard to the great problems of medicine. ARTICLE II: MEMBERSHIP The membership in this Society shall be divided into three classes; (a) active; (b) retired, and (c) honorary. ARTICLE III: HOUSE OF DELEGATES The house of Delegates shall be the legislative body of the Society; shall be charged with the general management, superintendence and control of the Society and its affairs and shall have such general powers as may be necessarily incident thereto, except as otherwise specifically provided by the Constitution or By-Laws. It shall pass upon the credentials and qualifications of delegates and shall finally decide who are entitled to be members of the House of Delegates. It shall have power and authority to suspend or otherwise discipline its own members, district branches, component county medical societies or any member of the Society, charged with special duties for and under authority of the State Society. It shall provide for a division of the scientific work of the Society into appropriate sections; for the organization of the District Branches; for rules and regulations for its own government and for the administration of the affairs of the Society. It may delegate any of the affairs of the Society to the Council with power and authority to act thereon while the House of Delegates is not in session. ARTICLE IV: COUNCIL The council shall be composed of (a) officers of the Society; (b) chairmen of the standing committees; (c) the Editor-in-Chief; (d) the retiring President for a term of one year after his term of office expires. ARTICLE V: OFFICERS The officers of the Society shall be a President, a President-elect, two Vice-Presidents, a Secretary, an Assistant Secretary, a Treasurer, an Assistant Treasurer, a Speaker and a Vice-Speaker of the House of Delegates, five Trustees, and one Councilor from each District Branch, who shall be the President thereof, and who shall be elected by the District Branch in which he resides for a term of two years. The officers, except the Councilors and Trustees, shall be elected for one year or until their successors have been duly chosen. They shall take office at the termination of the annual meeting. ARTICLE VI: TRUSTEES The Board of Trustees shall consist of five members elected as such Trustees. The President, the Secretary and the Treasurer shall sit with the Board of Trustees with voice but without vote. One Trustee shall be elected annually for a period of five years and in the event of a vacancy a Trustee shall be elected for the unexpired term. ARTICLE VII: CENSORS The President, the Secretary and the eight District Councilors shall be known as the Board of Censors of the Society. Five Censors shall constitute a quorum. The President and Secretary of the Society shall be the President and Secretary respectively of the Board but without vote. In case of a tie the President shall cast the deciding vote. The Board of Censors shall meet upon the call of the President. The Secretary shall prepare and submit the report of the Board of Censors to the House of Delegates. ARTICLE VIII: MEETINGS The Annual and the Intermediate Stated Meetings of the Society or of the House of Delegates shall be held at the time and the place designated by the House of Delegates. The Council for sufficient cause, may change the time and place of such meetings; provided the House of Delegates is not in session. ARTICLE IX: FUNDS Funds shall be raised by an annual per capita assessment on each component county society at a uniform per capita rate throughout the State. Funds may also be raised in any other manner approved by the House of Delegates or by the Council when the said House of Delegates shall not be in session. No funds of the Society shall be expended for any purpose, except by the authority of a resolution of the Board of Trustees, nor shall any indebtedness be incurred by any officer, Committees or members of Committees of the Society as a charge against the Society until the same shall have been approved by the Board of Trustees. ARTICLE X: REFERENDUM At any annual or stated meeting of the Society or of the House of Delegates a majority of the members present may order a referendum on any question consistent with the Constitution and By-Laws and in accordance with such regulations respecting the submission of the question as the House of Delegates or the Council may prescribe. The members shall vote thereon by mail. The poll shall be closed at the expiration of fifteen days after mailing the question; and if the members voting shall comprise a majority of all the active members of the Society, a majority of such vote shall determine the question and be binding on the Society and the House of Delegates. ARTICLE XI: DISTRICT BRANCHES Section 1. The membership of the Society shall be divided into eight district branches, as follows: The First District Branch shall comprise the members of the Medical Societies of the Counties of New York, Bronx, Westchester, Rockland, Putnam, Orange, Dutchess and Richmond. The Second District Branch shall comprise the members of the Medical Societies of the Counties of Kings, Queens, Nassau and Suffolk. The Third District Branch shall comprise the members of the Medical Societies of the Counties or Albany, Rensselaer, Schoharle, Greene, Columbia, Ulster and Sullivan. The Fourth District Branch shall comprise the members of the Medical Societies of the Counties of St. Lawrence, Franklin, Clinton, Essex, Hamilton, Fulton, Montgomery, Schenectady, Saratoga, Warren and Washington. The Fifth District Branch shall comprise the members of the Medical Societies of the Counties of Onondaga, Oneida, Herkimer, Oswego, Lewis, Madison and Jefferson. The Sixth District Branch shall comprise the members of the Medical Societies of the Counties of Otsego, Delaware, Chenango, Cortland, Tompkins, Schuyler, Chemung, Tioga and Broome. The Seventh District Branch shall comprise the members of the Medical Societies of the Counties of Monroe, Wayne, Cayuga, Seneca, Yates, Ontario, Steuben and Livingston. The Eighth District Branch shall comprise the members of the Medical Societies of the Counties of Erie, Niagara, Orleans, Genesee, Wyoming, Allegany, Cattaraugus and Chautauqua. Section 2. Each District Branch may adopt a constitution and by-laws for its government and may amend the same; but before becoming effective they shall be approved by the Council. They shall be consistent with the Constitution and By-Laws of this Society. ARTICLE XII: COUNTY SOCIETIES The terms county medical society and component county medical society shall be deemed to include all county medical societies now in affiliation with this Society or which may hereafter be organized and chartered by the House of Delegates. There shall be but one county medical society in each county affiliated with this Society. ARTICLE XIII: AMENDMENTS Amendments to this Constitution, except such as are obligatory by law, shall be made only at an annual meeting of the House of Delegates. Notice of the proposed amendment shall be given at a previous annual meeting of the House of Delegates, and before the same can be acted upon, it shall be published once before the annual meeting in the official publication of the Society. A two-thirds vote of the delegates present and voting shall be necessary for adoption. Amendments made necessary by law shall be made either by the Council or House of Delegates whenever such necessity exists. CHAPTER I MEMBERSHIP Section 1. The active members shall be all active members in good standing of the component county medical societies. A copy of the roster of such members certified to be correct by the Secretary of such county society shall be evidence of the right of the members whose names appear therein to membership in this Society. No applicant shall be eligible to membership until he has established that he is of good moral and professional character and reputation, and that admission would not be prejudicial to the best interest of the Society. No member who has been dropped from the roll of a component county society by reason of failure to pay dues shall be accepted by another society except by regular transfer after reinstatement in the original society. Section 2: Any member suspended or expelled from a component county society shall likewise be suspended for the same period or expelled from this Society. Any member suspended or expelled from this Society shall likewise be suspended for the same period or expelled from a component county society. His right of appeal to this Society shall not be impaired nor shall such appeal prevent the carrying out of the judgment of the county society pending such appeal. Any member not in good standing in his county society shall not be a member in good standing in this Society and any member ceasing to be a member of his county society shall also cease to be a member of this Society. Section 3: Retired members of this Society shall be active members of component county societies, seventy years of age or over, who have applied for such retired membership. All such applications shall be signed by the president and the Secretary of the county society of the applicant and then sent to the Secretary of this Society for presentation to the House of Delegates for approval. Retired members desiring to become active members shall apply for such membership to the component county society in the county of the residence of the applicant. Such applications shall be governed by the Constitution and By-Laws of the component county society relative to active membership. Section 4: The honorary members of the Society shall be all persons now on the roster as such and in addition such distinguished physicians residing outside of the State of New York as may hereafter be elected. All nominations for honorary membership must be endorsed by three members of the Society and forwarded to the Secretary for presentation to the House of Delegates, which by a two-thirds vote of the delegates voting shall be declared elected honorary members of this Society; provided the nomination shall have been made at a previous annual meeting. Section 5: Honorary and retired members shall be entitled to the privilege of attending and addressing the meetings of the Society, but shall not be accorded the other rights and privileges of membership or be subject to assessment. CHAPTER II HOUSE OF DELEGATES Section 1. The House of Delegates shall be composed of (a) Delegates elected by the component county medical societies: (b) Officers of the Society; (c) Chairmen of standing committees; (d) Trustees, and (e) the past presidents and past secretaries of the Society who shall be life members with voice but without vote. Each component county society shall be entitled to elect as many delegates as there shall be State Assembly Districts in such county at the time of the election, and each component county medical society shall be entitled to elect at least one delegate. A component society representing by its name more than one county shall be entitled to as many delegates as there are Assembly Districts in the counties named in the title of such society. Section 2: The annual meeting of the House of Delegates shall be held on the day before the annual meeting of the Society. The sessions of the House of Delegates may be adjourned from time to time as may be necessary. Section 3: Thirty delegates shall constitute a quorum. Section 4: It shall hear and finally determine all appeals taken from decisions of the Board of Censors. Section 5: It shall provide for the issue of charters to county societies in affiliation with the Society. Section 6: It shall have authority to appoint special committees from among members of the Society. Section 7: The following shall be the order of business at the sessions of the House of Delegates: 1. Calling the meeting to order 2. Report of Reference Committee on Credentials. 3. Roll call by the Secretary 4. Reading of the minutes of the previous meeting. 5. Address of the President 6. Address of the Speaker 7. Report of the Council 8. Report of the Trustees 9. Report of the Board of Censors. 10. Report of the Secretary 11. Report of the Treasurer 12. Report of Councilors. 13. Reports of the standing committees. 14. Reports of the special committees. 15. Reports of reference committees. 16. Unfinished business. CHAPTER III ELECTION OF OFFICERS Section 1. The Officers, Trustees and Chairmen of standing committees of the Society, to be elected by the House of Delegates, shall be elected at an adjourned session of the annual meeting of the House of Delegates, which adjourned session shall be held at a convenient hour on the first day of the annual meeting of the Society. No member of the Society who is in arrears for county dues and State Society per capita assessment shall be eligible for any office, or entitled to vote for any officer, trustee, chairman of standing committees or delegates. Section 2: The first order of business on the day designated in the preceding section shall be the nominations for officers, trustees, chairmen of standing committees, delegates to the American Medical Association and the appointment of a sufficient number of tellers by the Speaker. After all nominations shall have been made the Secretary shall cause to be displayed in full sight of the delegates a list of nominees for each office arranged in alphabetical order, and shall also cause to be distributed a sufficient number of blank ballots for the use of the House of Delegates. These ballots shall have printed or stamped thereon the appropriate headings for each office with spaces thereunder in which may be written the name of the candidate or candidates to be voted for. Section 3: All elections for such offices shall be by ballot, each member depositing his ballot on roll call individually. In the event of a single nominee only for any office, a majority vote without ballot shall elect. In case no nominee for an office receives a majority of votes on the first ballot the nominee receiving the lowest number of votes shall be dropped and a new ballot taken for that office. This procedure shall be continued until one of the nominees receives a majority of the votes cast when he shall be declared elected. Section 4: The following method shall govern the election of delegates to the American Medical Association. Nominations shall be made for not less than double the full number of delegates to be elected: and the delegates shall be declared elected in the order of the highest number of votes cast until the allotted number shall have been chosen: a corresponding number in the next highest order of votes cast shall be declared alternate delegates. Section 5: The delegates to the American Medical Association shall be elected in the calendar year preceding the meeting of the House of Delegates to which they are elected and in accordance with the Constitution and By-Laws of that body. Delegates may be elected to other medical societies or similar bodies as the interests of the Society may require, and credentials shall be issued to all delegates, signed by the President and Secretary. Section 6: A delegate shall not be considered in good standing or entitled to vote in the House of Delegates if the component county medical society by which he was chosen is in default in the payment of any dues or assessments imposed by the House of Delegates, or if such component county medical society shall at the time be under sentence of suspension imposed by the House of Delegates, or if such delegate is not in good standing in this Society, or in the component county medical society to which he belongs. The term of a Delegate elected by a County Medical Society shall begin at the first annual meeting of the House of Delegates subsequent to his election. BY - LAWS CHAPTER IV COUNCIL Section 1. The Council shall meet at the close of the annual meeting of the House of Delegates to organize for the ensuing year and shall continue in office until their successors are elected and qualified. Section 2: It shall meet twice a year, the time and place to be selected by the President, and it shall meet at other times upon the request in writing of five members of the Council, or upon the call of the President. Section 3: Seven members shall constitute a quorum. Section 4: The Council shall be the executive and administrative body of the Society and shall control all arrangements for the annual meeting; shall elect an Executive Committee of the Council to carry on during the interim between the regular meetings of the Council the affairs and the business of the Society. Its action shall be governed by the Constitution and By-Laws of the Society and the rules and regulations of the House of Delegates. It shall have power to employ legal counsel. Section 5: The Council shall take such action as is necessary to carry out the Constitution and By-Laws and to give full effect to any resolution or vote of the House of Delegates. It shall also have power to legislate as a House of Delegates, when the latter is not in session, on all matters consistent with the Constitution and By-Laws. Such legislative action of the Council shall not become effective or binding on the Society until approved by a majority of a referendum vote of the House of Delegates: provided a majority of the House of Delegates vote thereon within fifteen days after the mailing of the question submitted for referendum. The Secretary shall send the question for referendum vote to all the members of the House of Delegates. The Council shall have power to fill any vacancies which may occur in any elective office not otherwise provided for, until the next annual meeting of the House of Delegates. Section 6: The standing or special committees of the Society shall report to the Council and shall be subject to the jurisdiction of the Council at all times when the House of Delegates shall not be in session. Section 7: The following shall be the order of business at meetings of the Council: 1. Calling the meeting to order. 2. Roll call by the Secretary. 3. Reading of minutes. 4. Communications 5. Reports of chairmen of standing and special committees. 6. Unfinished business. 7. New Business. CHAPTER V EXECUTIVE COMMITTEE Section 1. At its first regular meeting the Council shall choose by a majority vote five members of the Council, three of whom shall be councilors, who together with the President, the Secretary, the Treasurer and the immediate Past President shall constitute the Executive Committee. Candidates for election to the Executive Committee shall be nominated by the President, but other candidates may be nominated by any member of the Council. The Executive Committee shall hold office until the following annual meeting of the Council or until their successors shall be duly chosen. The Executive Committee shall, when elected, organize immediately and elect a Chairman and a Vice-Chairman. The Executive Committee shall hold regular meetings at times and places that shall be fixed by the Chairman and any two members of the Executive Committee may require the Chairman thereof to call a meeting for such time and place as shall be designated by them in writing, of which the members shall have at least two days' notice. Five members shall constitute a quorum. It shall prepare a budget to be acted upon by the Board of Trustees. Section 2: The following shall be the order of business at meetings of the Executive Committee: 1. Calling the meeting to order. 2. Roll call 3. Reading of Minutes 4. Communications 5. Report of Committees. 6. Unfinished business. 7. New Business. Section 3: The Executive Committee shall superintend all publications of the Society and their distribution and shall have authority to appoint an editor and such assistants as it may deem necessary and provide for the publication of official pronouncements of component county societies when requested by said society. The Executive Committee shall have such other powers and duties as may be delegated to it from time to time by the Council. It shall act as adviser to the legal counsel of the Society in suits brought against members of the Society for alleged malpractice. It shall, with the aid of the legal counsel, examine the Constitution and By-Laws of component County Societies and District Branches, and all amendments thereto which may be submitted to the Council for approval and shall report to the Council its approval or disapproval thereof. The Chairman of the Executive Committee may order or any two members of the Committee may require the Chairman to order a referendum vote of the Council on any question that may come before the Executive Committee and members of the Council may vote thereon by mail or telegram. The poll on the question so submitted shall be closed at the expiration of one week after the mailing of the question and if the members of the Council voting shall comprise a majority of all the members of the Council, a majority of such vote shall determine the question and be binding upon the Council and the Executive Committee. Section 4: In case of any vacancy in the Executive Committee through death, resignation, disqualification or other cause, the President shall appoint a successor to fill such vacancy until the next meeting of the Council. Section 5: The Executive Committee shall have charge of the administrative and business affairs of the Society while the Council is not in session; and may adopt rules and regulations not repugnant to the Constitution and By-Laws of the Society or to the rules, regulations or orders of the House of Delegates or of the Council. CHAPTER VI TRUSTEES Section 1. At the first meeting of the Board of Trustees following the annual meeting of the House of Delegates. It shall organize under the chairmanship of the senior member and fix the time and place of its regular meetings. Any two members of the Board of Trustees may require the Chairman to call a special meeting at the Office of the State Society for such time as shall be designated by them in writing and of which the members of the Board shall have at least seven days notice. Section 2: The Board of Trustees shall have charge of all property including trust funds and shall manage the financial affairs of the Society and shall invest the surplus from time to time. The budget prepared by the Executive Committee shall be submitted to the Board for its approval and all resolutions or recommendations of the House of Delegates, Council or Executive Committee pertaining to expenditure of money must be approved by the Board of Trustees before the same shall become effective. The fiscal year shall begin July 1st and end June 30th of the following year: Section 3: All moneys of the Society received by the Board of Trustees, Council or any member or agent thereof shall be paid to the Treasurer of the Society. The Board of Trustees shall approve the bond of the Treasurer as to amount, form and surety; and shall employ a certified public accountant licensed by the State of New York to audit the accounts of the Treasurer and Secretary and other agents of the Society and present a statement of the same in its annual report to the House of Delegates. The Chairman of the Board of Trustees shall make a report to the House of Delegates of its transactions for the year and of the amount of money belonging to the Society under its control. Section 4: Three members of the Board of Trustees shall constitute a quorum. Section 5: The following shall be the order of business at meetings of the Board of Trustees. 1. Calling the meeting to order. 2. Roll call by the secretary 3. Reading of minutes 4. Communications 5. Reports 6. Unfinished business. 7. New Business. CHAPTER VII DUTIES OF OFFICERS Section 1. The President shall preside at all meetings of the Society, the Council and the Censors. He shall be ex-officio member of the Board of Trustees and of all committees. He shall appoint all committees not otherwise provided for. He shall deliver an address at the annual meeting of the Society. He shall perform such other duties as the House of Delegates or the Council shall require. Section 2: The ranking Vice-President in the absence of the President shall perform the duties of such officer. In the event of the President's death, resignation, removal, incapacity or refusal to act, the ranking Vice-President shall succeed him. Section 3: The President-Elect shall perform no specific duties other than those of a member of the Council but shall attend the meetings of the Executive Committee without voice or vote. Section 4: The Speaker shall preside at all meetings of the House of Delegates. He shall appoint all parliamentary committees serving during the meeting of the House of Delegates. Section 5: The Vice-Speaker shall perform the duties of the Speaker when requested by the Speaker to do so, or in case of the absence, death, resignation or refusal of the Speaker to act. Section 6: The Secretary shall attend all meetings of the Society, the House of Delegates, the Council, Board of Trustees, the Executive Committee of the Council and the Censors, and shall keep minutes of their respective proceedings in separate records. He shall be responsible for and have general charge of the Society's offices and the employees therein. He shall be the custodian of the seal of the Society, and of all books of records and papers belonging to the Society, except such as properly belong to the Treasurer, and shall keep an account of and promptly turn over to the Treasurer all funds of the Society which come into his hands. He shall provide for the registration of the members at all sessions of the Society. With the aid and cooperation of the secretaries of the county societies, he shall keep a proper register of all the registered physicians of the State by counties. He shall aid the Councilors in the organization and improvement of the county societies and the extension of the power and influence of the Society. He shall conduct the official correspondence, notifying members of meetings, officers of their election and committees of their appointment and duties. He shall affix the seal of the Society to all credentials issued to members of the Society elected by the House of Delegates and to such other papers and documents as may require the same. He shall make an annual report to the House of Delegates and also the reports of the Council and the Board of Censors. He shall supply each county society with the necessary blanks for making their annual reports to this Society. Acting in cooperation with the Committee on Scientific Work he shall prepare and issue all programs. The amount of his salary shall be fixed by the Board of Trustees. He shall be ex-officio a member of all standing committees. He shall record the name and date of admission of each member of the Society. Section 7: The Assistant Secretary shall aid the Secretary in the work of his office and in the absence or disability of the latter, he shall perform the duties of the office until the Secretary resumes the work, or in case of a vacancy until a successor shall be elected. He shall be entitled to all the rights and privileges of the office while acting as Secretary. Section 8: The Treasurer shall keep accurate books of accounts of all moneys of the Society which he may receive, and shall disburse the same when duly authorized by the Board of Trustees; but all checks drawn by the Treasurer upon the funds of the Society shall be countersigned by the Secretary of the Society. He shall collect, on or before the first day of June in each year, from the Treasurer of each component county society the State per capita assessment. He shall at the expense of the Society give a bond for the faithful performance of his duties, which shall be approved by the Board of Trustees as to amount, form and surety. He shall make an annual report to the House of Delegates and whenever requested to the Board of Trustees. His salary shall be fixed by the Board of Trustees. Section 9: The Assistant Treasurer shall aid the Treasurer in the work of his office, and in the absence or disability of the latter, he shall perform the duties of the office until the Treasurer resumes the work, or in case of a vacancy until a successor shall be elected. He shall be entitled to all the rights and privileges of the office while acting as Treasurer. Section 10: Each District Councilor shall visit the counties of his district at least once a year and make a careful inquiry of the condition of the profession in each county in his district and shall report thereon to the House of Delegates. CHAPTER VIII TRAVELING EXPENSES Section 1. Allowances for expenses incurred in the actual performance of official duties by Officers, Councilors and Delegates to the American Medical Association shall be made in conformity with the following conditions: The President and the Secretary shall be allowed intrastate railroad fares and a per diem for maintenance not to exceed fifteen dollars. The President-Elect shall be allowed travelling expenses when attending committee meetings. The members of the Board of Trustees, of the Council, and of the Executive Committee shall be allowed railroad fares to and from the places of meeting of these respective bodies. In all cases where no appropriation has been allowed a standing or special committee, travelling expenses shall be allowed the individual members of the committee. Proper vouchers must be filed with the Secretary and approved by the Board of Trustees before any such allowance may be made. The Delegates to the American Medical Association who have attended each session of the House of Delegates of that Association and who shall have filed with the Secretary evidence of such attendance shall be allowed the actual cost of railroad transportation and Pullman accommodations to the place of meeting and return. The vouchers of such expense shall be approved by the Board of Trustees before payment. Each District Branch shall be entitled to receive a sum of $250.00, exclusive of the work done by the Secretary regarding notices, programs, etc., to defray the expenses of holding the annual meeting of such District Branch, provided a proper statement of such expense shall have been presented to the Secretary and approved by the Trustees. All bills, claims or vouchers herein provided for shall be filed within thirty days after the date of the incurring of such expense. This time may be extended for any cause by the Board of Trustees and such extension shall not exceed ninety days. CHAPTER IX CENSORS Section 1. The Board of Censors shall have jurisdiction to hear and determine all appeals from decisions on discipline of component county medical societies or decisions of such societies which may involve the privileges, rights or standing of members whether in relation to one another or to county medical societies or to this Society. Any member of any component county medical society, feeling aggrieved by the decision of such Society may within three months after such decision appeal to the Board of Censors of this Society from the decision of such component county medical society by filing a notice of appeal with the Secretary of this Society and the Secretary of the component county society. Section 2: Any applicant for membership in a component county medical society who may have been excluded from membership in such Society, may likewise appeal from the action of said Society excluding him. All decisions shall be subject to appeal to the House of Delegates. Section 3: The notice of appeal shall set forth in writing the name of the appellant, the name of such component county medical society and the date and substance of the decision appealed from, and shall indicate the ground or grounds upon which such appeal is taken. Section 4: Upon filing a notice of appeal, the appellant and the component county medical society shall submit to the Secretary of the Board of Censors all records, minutes, letters, papers and all written evidence including a digest of all testimony not stenographically reported relating to the matter. All data so submitted shall be confidential and privileged and shall be available only to the Censors and, on appeal, to the members of the House of Delegates. Section 5: The Board of Censors shall consider the appeal on the data so submitted to it, and affirm by a majority vote, modify or reverse by a two-thirds vote of the Censors present and voting, the decisions so appealed from. If, in its opinion, the taking of further evidence is advisable, the Board of Censors may summon witnesses and proceed to take such evidence in such manner as it may deem proper and render its decision by a two-thirds vote of those present and voting; which decision shall be binding until reversed or modified by the House of Delegates. Section 6: The Board of Censors shall investigate all charges preferred (a) by a member of a component county society against any component county medical society of which he is not a member; and (b) by a component county medical society against another such county society or a member thereof, and the Secretary of the Board of Censors shall submit the report to the House of Delegates for action thereon. Section 7: A party desiring to appeal to the House of Delegates from the decision of the Board of Censors shall within three months after such decision, file with the Secretary of this Society and the Secretary of the component county society a notice of appeal. Such notice of appeal shall set forth in writing the name of the appellant, the name of the component county society, the date and substance of the decision appealed from and the ground or grounds upon which such appeal is taken. Section 8: Upon the filing of a notice of appeal the appellant and the Secretary of the Board of Censors shall submit to the House of Delegates the decision and all records, minutes, letters, papers and all written evidence including a digest of all testimony not stenographically reported relating to the matter. Section 9 The House of Delegates shall consider and decide the appeal on the data submitted to it, and may affirm, modify or reverse the decision so appealed from. Such decision of the House of Delegates shall be final and binding. CHAPTER X COMMITTEES Section 1: The committees shall be classified as Standing, Reference and Special Committees. Standing and Special Committees shall report to the Council and the House of Delegates. Committee on Scientific Work Committee on Legislation Committee on Public Health and Medical Education Committee on Medical Economics Committee on Arrangements. Committee on Public Relations. Committee on Medical Research. Section 2: The Committee on Scientific Work shall consist of the Chairmn, a member to be nominated by the President of the Society and elected by the Council, and the Chairmen of the different sections. It shall hold meetings and prepare the necessary programs for the annual meeting of the Society and for such other special meetings as may be designed by the House of Delegates. It shall forward programs in ample time for publication, and not later than thirty days before the annual session shall send a completed program to the Secretary for the printing of the final program. Section 3: The Committee on Legislation shall consist of three members including the Chairman. It shall be the representative of the Society on all matters of medical legislation and shall have charge of all hearings before the Committees of the Legislature.. The component county societies and their committees on legislation shall cooperate with this Committee and act in harmony with it on all such matters. It shall keep in touch with professional and public opinion on matters relating to medical legislation. It shall represent the Society in procuring the enactment of the medical laws of the State, in the interest of public health and of scientific medicine as will best secure and promote the welfare of the whole people. It shall take all legal and honorable means of opposing and preventing all vicious legislation detrimental to the best interests of the profession and the welfare of the public. Section 4: The Committee on Public Health and Medical Education shall consist of nine members, including the Chairman. It shall investigate report upon and present to the Society such matters as may seem to the Committee to be of special importance in their relation to the Public Health and Medical Education and in this work like committees of component county societies shall cooperate with this Committee. Section 5: The Committee on Medical Economics shall consist of five members, including the Chairman. It shall keep informed on all matters affecting the economic status of Physicians and shall investigate and report on such matters as it deems necessary. Section 6: The Committee on Public Relations shall consist of five members, including the Chairman. It shall be the function of this Committee to deliberate with other agencies, both official and unofficial, concerning the plans, purposes and objectives of their organizations insofar as they have a relation to the Medical profession. No findings of this Committee shall be binding upon the Medical Society of the State of New York until ratified by the House of Delegates or by a two-thirds vote of the Council sitting ad interim,. Section 7: The Committee on Arrangements shall consist of nine members, including the chairman. It shall provide suitable accommodations for the meeting places of the Society, the House of Delegates and the Sections and shall make all necessary arrangements for these meetings.The Chairman of the Committee shall send an outline of the arrangements to the Secretary for publication in the program, and shall make such announcements during the session as occasion may require. Section 8: The Committee on Medical Research shall consist of ten members, including the Chairman. It shall adopt such measures as may be necessary to instruct the public and the profession in the desirability of animal experimentation and shall use all means to oppose such bills as may be presented to any Legislature with the view of limiting or restricting scientific progress. In Lgislative work it shall act in cooperation with the Committee on Legislation. It shall also conduct all matters of medical research referred to it by the House of Delegates. Section 9: The Chairman of all standing committees shall be elected by the House of Delegates unless otherwise provided for in the By-Laws. The remaining members shall be elected by the Council. REFERENCE COMMITTEES Section 10: Immediately after the organization of the House of Delegates the Speaker shall announce such committees as he shall deem expedient for the purposes of the meeting, and the names of the members thereof. Only members of the House of Delegates are eligible for appointment on the Reference Committees. Such committees shall consist of five members, three members constituting a quorum, and shall serve during he meeting at which they are appointed. Section 11: All recommendations, resolutions, measures and propositions presented to the House of Delegates and which have been duly seconded shall be referred immediately to the appropriate reference committee. Section 12: Each Reference Committee shall, as soon as possible, take up and consider such business as may have been referred to it and shall report when called upon to do so. SPECIAL COMMITTEES Section 13: Special Committees may be created by the House of Delegates to perform the special functions for which they are created. They shall be appointed by the officer presiding over the meeting at which the committee is authorized, if such committee is to conclude its work during said meeting of the House of Delegates. The President shall appoint all other Committees unless otherwise ordered by the House of Delegates. Section 14: A Special Committee on Prize Essays consisting of three members, including the Chairman, shall be appointed by the President. Its duty shall be to receive all essays offered in competition for prizes which may be offered by this Society. The Committee shall make all necessary rules and regulations for the award of prizes subject to the terms of the deeds of gift, and shall report the result at the next annual meeting of the House of Delegates. They shall give notice through the Society's publication or by other methods within thirty days after their appointment, of the amount of the prize and when the essays shall be submitted to the Committee. Section 15: Any member of the Society shall be eligible to serve on Standing or Special Committees. All members of committees, who are not members of the House of Delegates, shall have the right to present their reports in person to the House of Delegates and to participate in the debate thereon, but shall not have the right to vote. CHAPTER XI MEETINGS Section 1: The notices or the annual, regular and special meetings of the Medical Society of the State of New York, its House of Delegates, Council, Board of Trustees and Censors shall state the date, place and hour and shall be mailed in securely post-paid wrapper to each member of the body holding such meeting at least seven days before said meeting. The Affidavit of mailing by the Secretary of the Society to the last recorded address of the member shall be deemed sufficient proof of the service upon each and every member for any and all purposes. Section 2: Each member in attendance at the annual meeting, special or intermediate stated meetings of the Society, shall enter his name and the name of the component county medical society to which he belongs in a register to be kept by the Secretary of the Society for that purpose. No member shall take part in any of the proceedings of such a meeting until he shall have complied therewith. Section 3: All members in good standing so registered may attend and participate in the proceedings and discussions of the general meetings of the Society and of the sections. Section 4: The following shall be the order of business at all general meetings of the Society: 1. Calling the Society to order. 2. Address of welcome by the Chairman of the Committee on Arrangements. 3. Reading the minutes of the last meeting. 4. President's address. 5. Special addresses. 6. Reading and discussion of papers. 7. Miscellaneous business. Section 5: Special meetings of the Society shall be called by the President upon the request, in writing, of one hundred members; and in case of the failure, inability or refusal of the President to act, such meeting may be called by a notice thereof subscribed by one hundred members. Section 6: Special meetings of the House of Delegates shall be called by the Speaker upon the request, in writing, of fifty delegates; and in case of the failure, inability or refusal of the Speaker to act, such meetings may be called by a notice thereof subscribed by fifty delegates. CHAPTER XII SECTIONS Section 1: The Scientific Sections designated by the House of Delegates shall each organize by the election of a Chairman and Secretary. The Chairman shall be elected annually, the Secretary for such term as the section may deem fit. Section 2: The Chairman of the various Sections shall be members of the Committee on Scientific Work. Section 3: The election of officers of Sections shall be the first order of business of the afternoon session of the second day of each annual meeting. To participate in the election of any Section, a member must be registered with such Section and must have recorded his name and address in the Section registry. Section 4: Each Section shall hold its meetings at such times as designated by the Committee on Scientific Work. CHAPTER XIII DISTRICT BRANCHES Section 1: Each District Branch shall elect a President for two years, who shall be the Councilor for that Branch. Section 2: Each District Branch shall elect such officers as are provided for in its By-Laws, who shall attend the business meetings of the Branch. CHAPTER XIV. COMPONENT COUNTY SOCIETIES Section 1: Whenever an active member in good standing in any component county medical society removes to another county in this State, his name, upon his request, shall be transferred to the roster of the component county medical society of the county to which he removes, without cost to him, provided that he files a certificate with the Secretary signed by the President and Secretary of the component society from which he removed as to his good standing in such society. No member, however, shall be an active member of more than one component county society, nor shall any component county society accept a physician residing in another county in any other way than in accordance with the law governing transfers. Section 2: If there should be an insufficient number of physicians and surgeons in any of the counties of this State to form themselves into a component county medical society, such physicians may become members of the component county medical society of an adjoining county when eligible by the Constitution and By-Laws of such county society. Section 3: At its annual meeting each component county medical society shall elect a delegate or delegates to represent it in the House of Delegates of this Societyt in accordance with the Constitution and By-Laws of this Society. Section 4: The Secretary of each component county medical society shall keep a roster of its members and of all other registered physicians of such county in which shall appear the full name of each of said physicians, the date of his admission to such society, his residence and the date when his license to practice medicine in this State was granted. He shall note any changes in said roster by reason of removal, death, revocation of license or other disqualification. Section 5: He shall forward said roster and information, together with the names and places of residence of each of the officers of said society, the names and residences of each delegate of the House of Delegates of said society to the Secretary of this Society thirty days before the date of its annual meeting. Section 6: The Treasurer of each component county medical society shall forward to the Treasurer of this Society the amount of the State per capita assessment on or before the first day of June of each year. Section 7: Each component county medical society may adopt a Constitution and By-Laws for the regulation of its affairs and may amend the same provided they shall be first approved by the council before becoming effective. The Constitution and By-Laws of component county societies must not be in conflict with the Constitution and By-Laws of this Society. CHAPTER XV MISCELLANEOUS Section 1: No address or paper before the Society, except those of the President and orators, shall occupy more than twenty minutes in its delivery, and no member shall speak upon any question before the house of Delegates for longer than five minutes nor more than once on any subject, except by the consent of a majority vote. Section 2: All papers read before the Society by its members shall become the property of the Society. Permission may be given, however, by the Council, House of Delegates or the Executive Committee to publish such paper in advance of its appearance in the NEW YORK STATE JOURNAL OF MEDICINE. Section 3: Any distinguished physician of a foreign country or a physician not a resident of this State, who is a member of his own State Association may become a guest during any annual session upon the invitation of the President or officers of the Society, and may be accorded the privilege of participating in all the scientific work of the session. Section 4: The rules, contained in Robert's Rules of Order, shall govern the Society and the House of Delegates in all cases in which they are not inconsistent or in conflict with the Constitution and By-laws of the Society or the standing or special rules of the House of Delegates. Section 5: Officers, members of Standing and Special Committees of the Society, may be removed from office or otherwise disciplined for malfeasance or nonfeasance in office, upon written charges made by any member and transmitted to the President. The President shall order a trial upon said charges by the Council or a Committee thereof and in the event of such trial, the accused shall be given at least ten days notice of such charges and have full opportunity to defend the same, but no such officer or member of the committee shall be removed or otherwise disciplined except by a two-thirds vote of the Council. In case any such officer or member of the committee shall be removed, he may appeal from the decision of the said Council to the House of Delegates, but pending the determination of such appeal, he shall not exercise the functions of his office. Section 6: Sections of the By-Laws which refer to the order of business and to reference committees may be suspended by a two-thirds vote of the House of Delegates. CHAPTER XVI Section 1: The seal of the Society shall be as follows: Note: ( not available) CHAPTER XVII AMENDMENTS Section 1: Amendments to these By-Laws, except such as are obligatory by law, shall be made only at an annual meeting of the House of Delegates. Section 2: Notice of the proposed amendment shall be given at a previous annual meeting of the House of Delegates, and before the same can be acted upon, it shall be published once before the annual meeting in the official bulletin or journal of the Society. Section 3: The affirmative vote of two-thirds of the delegates present and voting shall be necessary for adoption. Section 4: Amendments made necessary by law shall be made either by the Council or House of Delegates whenever such necessity exists. This completes the total transcribing of the Constitution and By-Laws of the Medical Society of the State of New York 1929, as listed in its entirety on Pages: 809-821 of the Medical Directory of New York State 1929. Source: Medical Directory of New York, New Jersey and Connecticut--1929 Publisher: Medical Society of the State of New York Copyright: 1929 Volume: XXXI __________________________________________ Transcribed by Miriam Medina RETURN to PROFESSIONAL MAIN