The Council shall sit as a trial body for hearings on charges of malfeasance and/or nonfeasance. The Council may also sit as a trial body for hearings in cases where charges of malfeasance or nonfeasance were issued by a regulatory body and settled by the physician.
SECTION B - DUTIES The Council shall take such action as is necessary to carry out the Bylaws and to give full effect to any resolution or vote of the House of Delegates. The Council shall also have power to legislate as a House of Delegates, when the latter is not in session, on all matters consistent with the Bylaws. The Council shall have the authority to make policy for the Medical Society of the State of New York when the House of Delegates is not in session. The Council’s resolutions and actions shall be decisive and final except that all resolutions and actions of the Council are subject to review by the House of Delegates. Its actions shall be governed by the Bylaws of the Medical Society of the State of New York and the rules and regulations of the House of Delegates. The Council shall have the authority to vote all funds of the Society subject to the approval of the Board of Trustees. The Council shall have power to fill any vacancy which may occur in any elective office not otherwise provided for, until the next meeting of the House of Delegates. The Council shall, by written notice, inform the component county medical societies of the specific Councilor assigned to it as liaison with the Council. The Council shall prepare an annual budget for submission to the Board of Trustees. In anticipation of a vacancy for the position of the Executive Vice-President, the Council shall approve a search committee for the recruitment and screening of applicants for that position. The search committee shall consist of seven members of the House of Delegates at the most recent annual meeting of the Society, two of whom are appointed by the President, two of whom are appointed by the Chair of the Board of Trustees, and three of whom are appointed by the Speaker of the House of Delegates. The search committee will consider all applicants and present the most qualified applicant, or applicants, to the Council for selection, contingent upon negotiation of a satisfactory contract by the selectee with the Board of Trustees. No individual who accepts an appointment to the search committee may be selected Executive Vice-President during that particular cycle, i.e. until the position is filled and subsequently vacated. The Council shall act on the applications for life membership which have been submitted by the component county medical societies. A majority vote of the Council present and voting shall be necessary for election to life membership. The Council shall have responsibility for all publications of the Medical Society of the State of New York and their distribution. For the purpose of required announcements, the official publication of the State Society shall be the News of New York. The Council, with the aid of the general counsel of the Medical Society of the State of New York, shall examine the constitution and bylaws of component county medical societies and district branches and/or all amendments thereto which shall be
SECTION A - COMPOSITION The Council shall be composed of the president, president-elect, vice-president, immediate past-president, secretary, assistant secretary, treasurer, assistant treasurer, speaker, vice-speaker, chairman of the Board of Trustees and 16 councilors elected by the House of Delegates. The trustees, the executive vice-president, the deputy executive vice-president, and the general counsel of the Medical Society of the State of New York shall attend all meetings of the Council with voice but without vote. The councilor from the young physician section shall attend all meetings of the Council with voice and with vote. The councilor from the resident and fellow section shall attend all meetings of the Council with voice and with vote. The councilor from the medical student section shall attend all meetings of the Council with voice and with vote. The councilor from the organized medical staff section shall attend all meetings of the Council with voice and vote. Four councilors shall be elected annually by the House of Delegates, each for a term of three years. Four councilors, one representing the young physicians’ section, one representing the organized medical staff section, and one representing the IMG Section and one representing the Minority Affairs Section shall be elected every third year by the House of Delegates for a term of three years. Two councilors, one councilor representing the medical student section and one councilor representing the resident and fellow section to the Medical Society of the State of New York, shall be elected every year by the House of Delegates, each for a term of one year. Article V, Section A, paragraph 4 is not applicable to the term of office of a resident or student councilor. In the event of a vacancy, a Councilor shall be elected by the Council to serve until the next meeting of the House of Delegates, at which time the House of Delegates shall elect a councilor to fill the unexpired term. No person shall serve, consecutively, more than two terms as councilor. An unexpired term shall not be construed as a term of office. The councilors shall assume office on election and shall hold office until their successors are duly elected and qualified. Except for the councilor representing the medical student section, the councilor representing the resident and fellow section, the councilor representing the young physicians section and the councilor representing the Organized Medical Staff Section, the councilor representing the IMG section, and the councilor representing the Minority Affairs Section, Councilors shall be assigned to specific county societies as liaison for the Council in accordance with the provisions of Article VI, Section B, paragraph 8. Councilors shall be required to disseminate information of Council activity as well as returning information to the Council, and shall report regularly to the Council on their activity. The councilor representing the young physicians section must be a young physician member of the Medical Society of the State of New York and must have completed residency training and be under the age of 40, or regardless
SECTION E - SPECIALTY SOCIETY REPRESENTATION The House of Delegates shall designate those specialty societies entitled to representation in the Medical Society of the State of New York. Such specialty societies shall correspond to the statewide specialty societies recognized by the Council of the Medical Society of the State of New York. Each of the Statewide specialty societies recognized by the Council of the Medical Society of the State of New York shall be requested to submit to the office of the executive vice-president the name of one delegate and one alternate delegate not less than ninety days prior to the annual meeting of the House of Delegates. All such designated delegates must be members of the Medical Society of the State of New York. Should the delegate or alternate of a specialty society be unable to serve in the House of Delegates, the president of the specialty society shall designate a substitute delegate and shall so notify the secretary of the Medical Society of the State of New York in writing.
SECTION D - COMMITTEES OF THE HOUSE OF DELEGATES Reference Committees At least one month before the meeting of the House of Delegates the speaker shall appoint and publish in the official publication of the Medical Society of the State of New York such reference committees as shall be deemed expedient for the purposes of the meeting. Immediately after the organization of the House of Delegates the speaker shall formally announce the appointments of the committees. Only members of the House of Delegates shall be eligible for appointment to the reference committees. Such committees shall each consist of five members, three members constituting a quorum, and shall serve during the meeting of the House of Delegates for which they are appointed. Annual reports of officers, Council commissions and committees, Board of Trustees, Judicial Council, district branches, and special committees may be available at least one month before the meeting of the House of Delegates and sent to the members of the reference committees appointed according to paragraph 1, for their preliminary consideration. All recommendations, resolutions, measures, and propositions presented to the House of Delegates and which have been duly seconded shall be referred by the speaker to the appropriate reference committees, except that reports of committees of the House of Delegates may, at the discretion of the House, be presented directly to the House without referral to the reference committees. Each reference committee shall consider such business as may have been referred to it and shall report promptly to the House. Any member of the Medical Society of the State of New York in good standing shall have the right to appear before any reference committee and participate in its deliberations. House Committee on Bylaws The House Committee on Bylaws shall be appointed annually by the speaker. It shall consist of at least five members including a chairperson, all of whom shall be members of the House. The president, secretary, and the speaker shall be ex-officio members with voice and vote. The executive vice-president, deputy executive vice-president, and general counsel of the Medical Society of the State of New York shall be members of the committee with voice but without vote. It shall be the duty of the committee to study all proposed amendments to the Bylaws and the Principles of Professional Conduct of the State Society and to report thereon at the annual meeting of the House of Delegates following the meeting at which such amendments are proposed. The committee shall include in its report recommendations for action on the proposed amendments with reasons for such recommendations. It shall be the duty of the committee to suggest amendments to or revisions of the Bylaws and the Principles of Professional Conduct of the Medical Society of the State of New York. The report of the House Committee on Bylaws shall be presented directly to the House, without referral to a reference committee. Special Committees Special committees may be created by the House of Delegates to perform the special functions for
SECTION C – MEETINGS Annual Meeting of The House of Delegates There shall be an annual meeting of the House of Delegates of the Medical Society of the State of New York to be held at a time and place designated by the House of Delegates or by the Council. The annual meeting of the Medical Society of the State of New York and the annual meeting of the House of Delegates shall be held at the call of the speaker. The sessions of the House of Delegates may be adjourned from time to time as may be necessary. At least 30 days before the annual meeting of the House of Delegates, the speaker shall announce a schedule of the adjourned sessions of the House of Delegates. This schedule may be amended by the House of Delegates during its meeting. Resolutions may be submitted to the House of Delegates only by members of the House of Delegates as individuals, or by component county medical societies, district branches, specialty society delegates, the organized medical staff delegate, the young physician section delegates, the resident and fellow section delegates, medical student section delegates, medical school delegates and MSSNY Committees. Resolutions to be presented to the House of Delegates shall be forwarded to the speaker at least thirty days in advance of the annual meeting of the House of Delegates, with the exception of resolutions submitted by any section whose annual meeting is held 30 days prior to the meeting of the House of Delegates. Resolutions may be presented by a voting delegate any time prior to the final day of the annual meeting of the House of Delegates but will be accepted for consideration by the House of Delegates only upon two-thirds vote of delegates present and voting. Resolutions of an emergency nature presented by voting delegates on the final day of the annual meeting of the House of Delegates shall be referred by the speaker to an appropriate reference committee, which shall then report to the House as to whether the matter involved is or is not of an emergency nature. If the reference committee reports that the matter is of an emergency nature, it shall be presented to the House without further consideration by a reference committee. Favorable action shall require the affirmative vote of three-fourths of all delegates present and voting. If the reference committee reports that the matter is not of an emergency nature, the speaker shall defer its introduction until the next annual meeting of the House of Delegates. Special meetings of the House of Delegates shall be called by the speaker on the request in writing by 25 percent of the duly accredited delegates of the previous annual meeting of the House, or at the request of the Council; 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 25 percent of duly accredited delegates. The notices of the annual and special
SECTION B – DUTIES The House of Delegates formulates policy for the Medical Society of the State of New York. No officer, councilor, board, commission, committee, or employee shall initiate any policy or commit the State Society to any policy unless such policy has been expressly approved by the House of Delegates or by the Council. It shall elect the officers, councilors, and trustees of the State Society and the delegates to the American Medical Association. In odd numbered years beginning with the year 1999 it shall ensure that at least one resident physician is elected as a full delegate and at least one medical student is elected as an alternate delegate to the American Medical Association. In even numbered years beginning with the year 2000 it shall ensure that at least one medical student is elected as a full delegate and at least one resident physician is elected as an alternate delegate to the American Medical Association. According to the AMA guidelines, all delegates and alternates must be a member in good standing of the AMA. A student member of the Medical Society of the State of New York, who is in good standing, is eligible for election as delegate to the American Medical Association provided he is a member of the AMA. The House of Delegates shall pass on the credentials and qualifications of delegates and shall decide who are entitled to be members of the House of Delegates of the Medical Society of the State of New York. The House of Delegates shall have authority and power to suspend or otherwise discipline its own members, district branches, component county medical societies, or any members of the Medical Society of the State of New York charged with special duties for and under authority of the State Society. The House of Delegates shall provide for the organization of the district branches, for rules and regulations for its own government, and for the administration of the affairs of the State Society. The House of Delegates shall provide for the issuance of charters to component county medical societies in affiliation with the Medical Society of the State of New York. The House of Delegates shall have authority to appoint special committees from among members of the Medical Society of the State of New York.
SECTION A – COMPOSITION The House of Delegates shall be composed of: (a) duly designated delegates from the component county medical societies; (b) officers of the Medical Society of the State of New York, councilors, and trustees; (c) a duly designated delegate from each district branch; (d) a duly designated delegate from each recognized specialty society; (e) the Commissioner of Health of the State of New York, or a deputy designated by the Commissioner, provided that any representative shall be a member of the State Society; (f) past-presidents of the State Society and any past president of the American Medical Association, provided that individual is a member of the Medical Society of the State of New York who shall be members for life of the House of Delegates; (g) any past executive vice-president of the State Society, who shall be a member of the House of Delegates for life, provided that individual is a member of the Medical Society of the State of New York, resides in the State of New York and is not otherwise a member of the House of Delegates for life in accordance with this section; (h) any past deputy executive vice-president of the State Society who has served a minimum of three years as deputy executive vice-president, who shall be a member of the House of Delegates for life, provided that the individual is a member of the State Society, resides in the State of New York, is not otherwise a member of the House of Delegates for life in accordance with this section, and is elected as a member for life by a majority of the members of the House of Delegates present and voting; (i) a representative from each of the medical schools in New York State, provided said representative is a member of the Medical Society of the State of New York; (j) duly designated delegates from the medical student section (k) delegates representing the resident and fellow section; (l) a delegate representing the organized medical staff section; (m) delegates representing the young physicians section; and (n) elected officers, trustees, and speakers of the American Medical Association, provided those individuals are members of the Medical Society of the State of New York; and (o) past Speakers of the MSSNY House of Delegates who shall be members of the House for life, provided that individual is a member of the Medical Society of the State of New York; (p) delegate representing the IMG Section; and (q) delegate representing the Minority Affairs Section. The number of delegates to which each component county medical society is entitled shall be determined by one of the two following optional methods: (a) Each component county medical society shall be entitled to as many delegates as there shall be State assembly districts in such county at the time of election, but each county medical society shall be entitled to elect at least 1 delegate; (b) Any component county medical society which, according to the rules of the Medical Society
SECTION C - DUTIES, PENALTIES AND CONSEQUENCES The duties of membership are to follow the Code of Ethics of the AMA, adhere to the policies and Core Values of the Medical Society of the State of New York, and be current in dues as defined in Article III. A member convicted in a court of law of a crime evidencing moral turpitude shall thereupon cease to be a member of the Medical Society of the State of New York. A member expelled from a component county medical society or suspended from its rights and privileges shall likewise be expelled or suspended for the same period from the Medical Society of the State of New York. The right of appeal to the State Society shall not be impaired. Members not in good standing or ceasing to be members of their component county medical society shall ipso facto have the same status in the State Society. A member who has been dropped from the roll of a component county medical society by reason of failure to pay dues shall not be accepted by another component county medical society except by regular transfer after reinstatement in the original component county medical society. A member of one component county medical society shall not be permitted to transfer to membership in another component county medical society until said member has paid the current annual dues and assessments to the former component county medical society and has established a legal residence or works in the county to which said member desires transfer, except as provided in Article X, Section B, “Component County Medical Societies,” Section 2. The question of legal residence or locus of work shall be verified by the component county medical society to which the member desires transfer. A student member who is suspended from his medical school shall likewise be suspended for the same period from the Medical Society of the State of New York.
SECTION B – PRIVILEGES The following members may vote and hold office in the Medical Society of the State of New York: active, resident and fellow, part-time, retired and life members. All members shall be entitled to receive the News of New York, and other electronic publications. Student members shall be entitled to the rights and privileges otherwise accorded in these Bylaws to students. Honorary members shall be entitled to the privilege of attending the meetings of the Medical Society of the State of New York. Affiliate members shall not vote nor hold office, but shall be entitled to receive publications of the Medical Society of the State of New York. A member of the Medical Society of the State of New York who is in arrears for component county medical society dues and State Society dues or assessments shall not be eligible for any office or delegacy or be entitled to vote.
