SECTION C – TRIALS FOR MALFEASANCE
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.
Charges of malfeasance or nonfeasance proffered by a member against an officer, councilor, trustee, or member of a board, commission, or committee of the Medical Society of the State of New York shall be transmitted to the president in writing. The president shall order a trial on said charges by the Council, or a committee thereof.
Charges of malfeasance or nonfeasance proffered by a member against the president shall be transmitted in writing to the secretary of the Medical Society of the State of New York and shall be considered by the Council with the vice-president presiding.
The accused shall be given at least ten days’ notice of such trial and of the charges against him and shall have full opportunity to defend himself, but no such officer, councilor, trustee, or member of a board, commission, or committee shall be removed or otherwise disciplined except by a three-fourths vote of the Council.
In case any such officer, councilor, trustee, or member of a board, commission, or committee shall be removed, any such officer, councilor, trustee or member of a board, commission or committee may appeal from the decision of the said Council to the House of Delegates; but, pending the determination of such appeal, such officer, councilor, trustee or member of a board, commission or committee shall not exercise the functions of his office.
