Mission & By-Laws

OUR MISSION:
“We, the members of the Medical Society of the County of Monroe, unite to consider and act on matters affecting the practice of medicine, to extend medical knowledge and enlighten the public in the best interests of the health of the people of the county of Monroe.”

Constitution & Bylaws

Constitution of the Medical Society of the County of Monroe, Inc.

Article I

Name and Purpose of the Medical Society of the County of Monroe

A. Pursuant to Article XIV of the Membership Corporation Law, the name of the corporation is Medical Society of the County of Monroe, Inc. The Society was organized on the 9th day of May, 1821, under and by virtue of “An Act to Incorporate Medical Societies for the Purpose of Regulating the Practice of Physic and Surgery in this State” passed

April 10, 1813. The majority of its members elected to become a body corporate the 17th day of May, 1960.

B. The purposes for which the Society is formed are to unite the members of the medical profession of the county of Monroe, state of New York, for the purpose of maintaining a compact, representative and centralized agency to consider, agree and act in unison upon all matters affecting the practice of the profession of medicine.

Article II

Membership

A. The membership of the Society shall be physicians and medical students.

B. The membership of the Society shall be divided into classes, as defined in the bylaws of the Society.

C. The qualifications for membership shall be defined in the bylaws of the Society and its attachments. Applicants shall meet the qualifications for membership in the Medical Society of the State of New York.

Article III

Board of Directors

A. The Medical Society of the County of Monroe shall have a board of directors as the governing authority of the Society.

B. The directors shall be members of the Society.

C. The board of directors shall consist of not less than three or more than 15 individuals who are officers, members of the executive committee, members of the board of censors or delegates, elected in accordance with the bylaws. Other ex-officio members may be provided for in the bylaws.

Article IV

Board of Censors

A. The Society shall have a board of censors to consider all matters relating to applications for and continued membership in the Medical Society of the County of Monroe, and to consider matters related to the principles of professional conduct. The specific duties of the board of censors shall be defined in the bylaws.

B. The board of censors shall be elected from the membership of the Society in accordance with the bylaws.

Article V

Officers

A. The officers of the Medical Society of the County of Monroe shall be the president, president-elect, secretary, treasurer and others in accordance with the bylaws.

B. The duties of the officers are to conduct the business of the Society as defined in the bylaws and its attachments.

C. The officers shall be elected from the membership of the Society in accordance with the bylaws.

D. The officers shall take office at the termination of the annual meeting at which they are elected. They shall serve until their successors have been elected and qualified, or they have been removed or resigned, whichever is sooner.

Article VI

Delegates and Alternates

A. The Society shall elect as many delegates to the Medical Society of the State of New York as shall be allotted to the Society by the Medical Society of the State of New York.

B. Alternates equaling the number of delegates shall be elected in accordance with the bylaws.

C. All delegates and alternates shall be members of the Society.

Article VII

Meetings

A. An annual meeting shall be held at such time and place as is designated by the board of directors.

B. Other meetings shall be called in accordance with the bylaws and held at such time and place as designated by the board of directors.

Article VIII

Funds

A. Funds shall be raised for the purpose of operating and conducting business of the Society.

B. Annual dues shall be collected from the membership in accordance with the bylaws and its attachments.

C. Assessments other than dues deemed necessary by the board of directors shall be approved by the members at a called meeting.

D. The board of directors shall be responsible for the expenditure of any funds of the Society, delegating to such person or persons as it deems proper, the authority to expend funds in such amounts and under conditions as have been set forth by the board.

E. The board shall be responsible for keeping proper financial records.

Article IX

Seal

The seal of the Medical Society of the County of Monroe shall be as follows:

Article X

Fair Hearing

A. The Society shall have a fair hearing and appeals process for reviewing actions adverse to members or applicants.

B. The process for fair hearing and appeals shall be conducted in accordance with the bylaws and its attachments.

Article XI

Amendments

A. Amendments to the constitution shall be made by a two-thirds majority vote of the members voting at a called meeting of the membership, provided that notice of such amendments shall have been given in writing at least one month prior to the meeting.

B. The board of directors shall respond to changes in laws, codes and regulations on behalf of the Society until such time as the membership amends the constitution and its bylaws.

Bylaws of the Medical Society of the County of Monroe, Inc.

ARTICLE I

Preamble

We, the members of the Medical Society of the County of Monroe, unite to consider and act on matters affecting the practice of the profession of medicine, to extend medical knowledge and to advance medical science, to elevate the standard of medicine, to promote reforms and to enlighten the public in the best interests of the health of the people of the county of Monroe.

  1. Definitions
  2. Definitions of terms are included in Attachment I.B.1.

ARTICLE II

Membership

  1. Application
  2. Application shall be made on such form as is furnished by the Medical Society of the County of Monroe and signed by the applicant. The application, as modified from time to time by the board of directors, is Attachment II.A.1.
  3. The qualifications for membership are listed in Attachment II.A.2, and shall be provided to each applicant.
  4. The completed application, submitted with applicable dues and assessments, shall be sent to the secretary of the Medical Society. The secretary shall present the application to the next scheduled meeting of the board of censors, which will investigate and report in accordance with Article IV of these bylaws. The application, with the recommended action of the board of censors, will be presented at the next scheduled meeting of the board of directors for consideration of election to membership.
  5. Classes of Membership
  6. Active Member

Application for active membership may be made by a doctor of medicine or doctor of osteopathy residing or practicing in the county of Monroe. An active member is entitled to have voice in discussions, vote, hold office and serve on the board of directors, board of censors and as delegate.

  1. Life Member

Application for life membership may be made by a member in good standing who is retired, 67 years-of-age or older and has been a member of the Society for the previous 10 years, or by a member in good standing who continues the active practice of medicine, is 72 years-of-age or older and has been a member if the Society for the previous 10 years. A life member may have voice in discussions and vote, but may not hold office. Application for life membership may also be made by a member in good standing who had been a member for the previous 10 years and who has become permanently disabled.

  1. Affiliate Member

Application for affiliate membership may be made by a member in good standing who has relocated outside the county of Monroe. An affiliate member shall have voice in discussions and vote, but may not hold office or serve on the board of directors, board of censors or as delegate.

  1. Associate Member

Application for associate membership may be made by a member in good standing who has withdrawn from the practice of medicine before qualifying for life membership. An associate member shall have voice in discussions and vote, but may not hold office.

  1. Honorary Member

Application for honorary member may be made for a distinguished physician who does not qualify for membership in the Medical Society of the County of Monroe. Candidates for honorary member shall be nominated by an active member of the Society, endorsed by at least three active members of the Society, considered by the board of censors and forwarded with the board of censors’ recommendation to the board of directors for approval. An honorary member shall be entitled to voice in discussions, but shall not be entitled to vote, hold office, or serve on the board of directors, board of censors or as delegate.

  1. Medical Student Member

Application for medical student membership may be made by an individual enrolled in the full-time study of medicine, who currently resides in, or whose permanent residence is in, the county of Monroe. A medical student member shall be entitled to voice in discussions, but shall not be entitled to vote, hold office, or serve on the board of censors or as delegate.

  1. Locum Member

Application for locum membership may be made by a doctor of medicine or doctor of osteopathy whose circumstances make participation in local issues, only, relevant. A locum member shall be entitled to voice in discussions and vote on local matters, but shall not be entitled to hold office or serve as delegate.

  1. Inactive Member

Application for inactive membership may be made, in writing, by a previously active member who has temporarily withdrawn from the practice of medicine. Candidates for inactive membership shall be considered and approved by the Board of Censors. The Board of Censors may request a reason or explanation for the application before making its decision. An inactive member shall reapply for membership yearly, be entitled to information regarding local discussions, participation in Society sponsored benefit programs, but shall not be entitled to voice, vote, hold office, or serve on the Board of Directors, Board of Censors or as a Delegate. Application for re-instatement must be made in writing to the Board of Censors, whose decision is final. If adverse to the applicant, he or she may re-apply at an interval not sooner than one year.

  1. Election to Membership
  2. Applicants shall have their application acted upon by the board of directors within 120 days of the receipt of the completed application.
  3. Applicants recommended for membership shall be elected by a majority vote of the board of directors.
  4. Applicants shall be informed in writing of the action of the board of directors.
  5. Applicants who are not recommended for membership by the board of censors, or upon whose application the board of directors acts unfavorably, may appeal that action in accordance with the fair hearing process in accordance with Article X, below.
  6. Resignation from Membership
  7. All resignations shall be in writing, shall be sent to the secretary and referred to the board of directors for action at the next scheduled meeting of the board.
  8. In the absence of a written resignation, a member will be dropped from the Society’s roster for non-payment of dues within the timeframe outlined in Attachment II.D.2. De facto resignation will occur after two years of dues non-payment.
  9. Removal from Membership
  10. Any member found guilty of a felony, crime or action that evinces moral turpitude, in any court of jurisdiction or in a county, state or federal administration proceeding, ceases to be qualified for membership in this Society. Any member found guilty of an action that evinces moral turpitude, in an administrative proceeding related to the practice of medicine or a professional medical society, also ceases to be qualified for membership in this Society. The board of directors shall by majority vote decide whether the conviction or guilty verdict evinces moral turpitude.
  11. The board of censors may recommend to the board of directors that a current member be removed. Reasons for such removal shall be provided in writing to the board and the member. The member shall have the right to appeal in accordance with the fair hearing process in Article X.

ARTICLE III

Board of Directors

The board of directors shall be the governing authority of the Medical Society of the County of Monroe. The board of directors shall take such actions as are necessary to carry out the provisions of the constitution, bylaws and administrative policies of the Medical Society, and the resolutions and votes of the membership. The board shall:

  1. Approve an annual budget of the Society, as recorded in Attachment III.A.1.
  2. Direct the expenditures of funds of the Society, as recorded in Attachment III.A.2.
  3. Take action on all applications for membership, requests for dues remission and recommendations of the board of censors.
  4. Approve all copyrighted journals and publications, as listed in Attachment III.A.4.
  5. File all financial and corporate reports required by law, as set forth in Attachment III.A.5.
  6. Submit a report at the annual meeting of the prior year’s activities, financial report and membership report.

There shall be at least three and no more than 15 directors on the board, elected from and by the members of the Society at the annual meeting.

  1. The board shall be comprised of the officers, executive committee and censors of the Society. Attachment III.B.1.
  2. There may be additional ex-officio members of the board of directors. Attachment III.B.2.
  • Each ex-officio member of the board shall represent a constituency.
  • Each ex-officio member of the board shall be proposed and elected by the board of directors.
  • Each ex-officio member of the board shall have voice in discussions, but no vote.

The president of the Medical Society shall call each meeting of the board.

  1. The order of the agenda of regular meetings is listed in Attachment III.C.1.
  2. The voting board members present shall constitute a quorum for the transaction of business, as long as there are at least three present.
  3. A special meeting of the board shall be called upon written request of at least three members of the board.

The board shall establish such committees as may be necessary to conduct the business of the Society. The classes of committees shall be standing, special and specialty sections. The committees of the board are listed in Attachment III.D.

  1. The board of directors shall define the membership and duties of each committee not otherwise directed by these bylaws.
  2. Committees of the board shall expire at the first meeting of the board after the annual meeting unless renewed by action of the board at that meeting, excepting standing committees as defined by these bylaws.
  3. Each committee shall keep minutes of each meeting and submit those minutes to the board for review.
  4. The standing committees shall be the following:
  • Executive;
  • Nominating; and
  • Finance.

Specialty sections shall be formed according to the following criteria:

  1. Upon application by at least five active members representing a medical specialty or interest, the board of directors shall act upon such request to create a specialty section.
  2. Each specialty section shall elect a chairperson to preside over the meetings.
  3. Specialty sections shall meet at least three times a year, keep minutes of each meeting and report any actions taken by the section to the board of directors at the next directors’ meeting.
  4. When the number of members in a specialty section falls below four, the specialty section shall cease to exist.

The board of directors shall engage the services of an executive director.

  1. The executive director shall be subject to the direction of the board of directors. The authority and responsibilities, as detailed and expressed in Attachment III.E.1, shall be reviewed annually by the board of directors.

The executive director shall have authority over and responsibility for:

  • The administrative policies of the Society;
  • The selection, supervision, evaluation, fixing of salaries and discharge of employees;
  • The conduct of business of the Society; and
  • The preparation and preservation of corporate and financial records.

Indemnification of Directors and Officers

  1. Every person made a party to an action, suit or proceeding by, or in the right of, the Society to procure judgment in its favor by reason of the fact that he/she, his/her testator or intestate, is either such a director or officer of the Society or any corporation which that individual served at the request of the Society, may be indemnified by the Medical Society of the County of Monroe.
  2. Every person made a part to an action, suit or proceeding other than one by, or in the right of, the Society to procure judgment in its favor, whether civil or criminal, by reason of the fact that he/she, his/her testator or intestate, is either such a directors or officer of the Society or any corporation which that individual served at the request of the Society, may be indemnified by the Medical Society of the County of Monroe.
  3. The individual may be indemnified to the full extent permitted by law, against any and all reasonable expenses, including fees for attorneys selected by the Society, actually and necessarily incurred by the individual in connection with the defense of such action or in connection with the appeals therein, provided such person acted in good faith for the purpose of the Society and had no reasonable cause to believe his or her consult was unlawful or wrong.
  4. The Society is authorized to purchase insurance for indemnification. The limits of liability to the Society shall be limited to the level of insurance or one-half the reserves of the Society, whichever is greater.
  5. The Society shall have no liability in relation to matters which are adjudged in such action, suit or proceeding that the individual has breached his/her duty to, or has reasonable cause to believe his/her action was unlawful for, the Medical Society of the County of Monroe.

ARTICLE IV

Board of Censors

  1. The board of censors shall be responsible for considering the moral and professional standing of each applicant and member, and making recommendations to the board of directors regarding admission to, or continued membership in, the Medical Society of the County of Monroe.
  2. The board of censors shall also be responsible for considering the special qualifications of applicants to render medical services under the workers’ compensation law and to provide ratings for these applicants as prescribed by law or regulation.
  3. The board of censors shall be elected from the active, life, associate and/or locum members of the Medical Society of the County of Monroe.

The number of censors shall be set annually by the board of directors, but in no case shall be less than six.

  1. The board of censors shall be elected each year at the annual meeting.
  2. The terms of each member of the board of censors are specified in Attachment IV.B.3.
  3. The board censors shall elect its chair and secretary at its first meeting after the annual meeting.
  4. The chair of the board of censors may appoint subcommittees to hear, review and report to the board recommendations on membership and special qualifications.
  5. A quorum for conducting the business of the board of censors shall be three censors plus the chair or his/her designee.

The board of censors shall consider such applications for membership as may be placed in their hands by the secretary.

  1. The chair of the board of censors may appoint a subcommittee to hear, review and report to the board of directors recommendations on membership.
  2. The board of censors, or subcommittee, shall apply the criteria to each applicant for membership as detailed by these bylaws and attachments.
  3. The board of censors, or subcommittee, shall have the privilege and responsibility to investigate the background of each individual as thoroughly as it deems necessary to make a recommendation for membership.
  4. The applicant shall be responsible for submitting a completed application and additional information in accordance with these bylaws and attachments needed by the board of censors or subcommittee to satisfy itself regarding the moral and professional standing of the applicant.
  5. The board of censors or subcommittee will complete its consideration of a completed application within 60 days of receipt of the application and all supporting materials.
  6. Within a week of its deliberations, the board of censors or subcommittee shall return a report to the secretary of the Society for presentation at the next regular meeting of the board of directors.
  7. If the board of censors or subcommittee is recommending an action unfavorable to the applicant, that applicant shall be informed in writing of the recommendation in order to afford the applicant a fair hearing in accordance with Article X, below, before that recommendation is presented to the board.

The board of censors shall regulate the moral and professional conduct of members of the Medical Society of the County of Monroe.

  1. The board of censors shall take cognizance of all charges preferred against any member.
  2. The charges that the board of censors may consider include, but are not limited to:
  • All charges of moral or professional misconduct preferred in writing and signed by the individual making the charge;
  • Any and all completed actions by a court of jurisdiction;
  • A written complaint of a violation of county, state or federal codes or regulations; and/or
  • A written charge of violation of the constitution or bylaws of the Medical Society of the County of Monroe.
  1. The chairperson of the censors may appoint a subcommittee to hear, review and report to the board upon such charges, in accordance with the fair hearing process in Article X.
  2. Within one week of completing its consideration of charges against a member, the board shall return a report to the secretary for submission to the board of directors.

ARTICLE V

Officers

President

  1. The president shall preside at all meetings of the Society.
  2. The president shall preside at all meetings of the board of directors.
  3. The president shall prepare an agenda for all meetings of the Society and board of directors.
  4. The president shall propose the chairpersons and members of all special committees for approval by the board of directors.
  5. The president shall be an ex-officio member of all committees which do not define him/her as a member.

President-Elect

  1. The president-elect shall become president at the termination of office of the president.
  2. The president-elect shall assume the powers of the presidency in the event of incapacity of the president as determined by the board of directors.
  3. The president-elect shall perform the duties of president in his/her absence.
  4. The president-elect shall be an ex-officio member of all committees which do not define him/her as a member.

Secretary

  1. The secretary shall issue all notices of meetings, and make and preserve the minutes of the meetings of the Society and board of directors.
  2. The secretary shall conduct all correspondence of the Society.
  3. The secretary shall supply applicants for membership with the necessary applications and instructions and notify candidates of their election.
  4. The secretary shall keep a roster of all the Society’s members and provide a report of the membership at the annual meeting accounting for all the meetings.
  5. The secretary shall be responsible for such reports to state and federal societies, as may be required.
  6. The secretary shall notify each applicant or member of any unfavorable action by the board of directors regarding their membership in the Society.

Treasurer

  1. The treasurer shall keep proper books of accounts of the Medical Society of the County of Monroe, at all times open for examination by the board of directors.
  2. The treasurer shall collect and remit dues and assessments.
  3. The treasurer shall deposit and disperse such moneys in accordance with the orders of the board of directors.
  4. The treasurer shall make regular reports of the financial condition of the Society at each regular meeting of the board of directors and as otherwise required.
  5. The treasurer shall mails to each member a bill for dues and assessments in accordance with Attachment V.D.5.
  6. The treasurer and executive director shall be under bond fixed by the board of directors as to the amount and surety. The premium for the bond shall be furnished by the Society.

Executive Committee

  1. The executive committee shall manage the affairs of the Society when the board of directors is not in session and shall report all actions taken by it to the board of directors at its next meeting.
  2. The executive committee shall consist of:
  3. The officers of the Medical Society; and
  4. Other individuals proposed by the board of directors and elected at the annual meeting, by title and terms as detailed in Attachment V.E.2.

ARTICLE VI

Delegates

  1. At its annual meeting, the Society shall elect the number of delegates and an equal number of alternates as prescribed by the Medical Society of the State of New York.
  2. All delegates shall obey and perform the duties prescribed in the laws of the state of New York, the constitution and bylaws of the Medical Society of the State of New York and the constitution and bylaws of the Medical Society of the County of Monroe.

ARTICLE VII

Meetings

  1. Annual Meeting

The notice of the annual meeting shall state the date, place and hour of such meeting and shall be mailed to each member not less than 10 days before said meeting. An affidavit of mailing shall be deemed sufficient proof of the service of such notice to each and every member for any and all such purpose.

  1. Other Meetings

The board of directors shall call other meetings at such times as may be needed. The notice of the meeting shall state the time, place and hour of such meeting and shall be mailed to each member not less than 10 days before said meeting. The meeting notice shall state the purpose of the meeting. An affidavit of mailing shall be deemed sufficient proof of the service of such notice to each and every member for any and all such purpose.

  1. Called Meetings

The board of directors shall call a meeting upon written request of 10% of the members entitled to vote at such meeting.

  1. Quorum

The presence in person or by proxy of members entitled to vote equal to the number of members on the board of directors shall constitute a quorum at a meeting for the transaction of business, unless otherwise specified by these bylaws.

  1. Proxy

Every member entitled to vote at a meeting of the members may authorize another person or persons entitled to vote to act for him/her by proxy. Every proxy must be signed by the member or his/her attorney-in-fact. Each proxy shall be valid for that meeting, only, and revocable at the pleasure of the member executing it.

ARTICLE VIII

Funds

Dues

  1. The Medical Society of the County of Monroe shall collect dues annually from each member in accordance with the schedule in Attachment VIII.A.1.
  2. The board of directors shall set the dues for the membership at least three months prior to the date the dues are to be received by the Society.
  3. A member who fails to pay his/her dues within the timeframe outlined in Attachment VIII.A.3 shall be dropped from the Society’s membership roster for non-payment. A member’s failure to pay dues for two years will result in the member’s de facto resignation.
  4. A member may apply to the board of directors for remission of dues up to five consecutive years for illness/disability, financial hardship or active duty in the military or Public Health Service.

Assessments

  1. An assessment may be charged to each member as may be needed to conduct the business of the Society, fulfill its purpose or discharge a legal obligation of the Society.
  2. The board of directors shall propose such as assessment to the membership at a meeting. A simple majority voting in favor of the assessment shall be sufficient for implementation of the assessment.
  3. A member who fails to pay his/her assessment within the timeframe outlined in Attachment VIII.B.3 shall be dropped from the Society’s membership roster for non-payment. A member’s failure to pay an assessment for two years will result in the member’s de facto resignation.
  4. A member may apply to the board of directors for remission of assessments up to five consecutive years for illness/disability, financial hardship or active duty in the military or Public Health Service.

Proper books of accounts shall be kept and available at all times for review by the board of directors.

ARTICLE IX

Seal

ARTICLE X

Fair Hearing

General Provisions

  1. Notwithstanding any other provisions of the constitution or bylaws, no individual shall be entitled to more than one hearing and one appellate review of any matter which has been the subject of a recommendation to or decision by the board of directors.
  2. The current status of the applicant or member shall remain in effect until the board of directors renders it final decision in them after.
  3. When a hearing or appellate review is waived, such recommendation to or decision of the board of directors shall be deemed final.
  4. Any formal notice required to be given or formal request required or permitted to be made under this fair hearing process shall be in writing and transmitted to the prescribed recipient by certified mail. A formal notice request shall be deemed to have been given upon mailing. Time limitations expressed in days shall refer to calendar days.
  5. The right to review when any applicant or member receives formal notice of a recommendation to or action by the board of directors that is adverse to the applicant or member, that individual shall be entitled to a review of that action or recommendation as set forth in this fair hearing process.

Fair Hearing

  1. Notice of Adverse Recommendation

Following an adverse recommendation of the board of censors, the president shall formally notify the applicant or member of that outcome. The notices shall advise the applicant or member of her/his right to a hearing and an appellate review pursuant to the provisions of this fair hearing process.

  1. Request for Hearing

The applicant or member shall have 30 days following the notification within which to submit a formal written request for a hearing on the adverse recommendation. The hearing request shall be addressed to the president of the Society.

  1. Waiver of Hearing

The applicant or member may waive her/his right to any hearing and appellate review on the matter, and shall be deemed to have waived her/his rights unless she/he submits a formal written request for a hearing within a 30-day notice period. If the practitioner waives her/his right to a hearing and appellate review, expressly or by default, the recommendation of the board of censors shall be forwarded to the board of directors for action and the decision of the board of directors shall be final.

  1. Notice of Time and Place for Hearing

Within 10 days after receipt by the president of a formal request for a hearing from the entitled applicant or member, the chairperson of the board of censors shall schedule a meeting before the board of censors or an appointed subcommittee and shall formally notify the applicant or member of the time, place and date of the hearing. The hearing shall be held no less than 15 days, nor more than 45 days, from the date of receipt of the practitioner’s request, unless both parties agree to an extension.

  1. The Statement of Issues and Events

The notice of the hearing shall state in concise language the acts or omissions with which the applicant or member is charged, a list of specific evidence or material being questions and the grounds for the adverse recommendation or decision.

  1. Hearing Procedure

The hearing shall be conducted in accordance with the following guidelines:

  • Record

An accurate record of the hearing shall be kept by means prescribed by the chairperson of the board of censors.

  • Personal Appearance

The personal presence of the applicant or member for whom the hearing has been scheduled shall be required. A practitioner who fails, without good cause, to appear and proceed on the scheduled date of the hearing shall be deemed t have waived her/his right to a hearing and appellate review and to have accepted the adverse recommendation or decision.

  • Postponement

Postponement of the hearing beyond the prescribed time limit shall be only upon approval by the board of censors. The request by the applicant or member, or by the board of directors, for a postponement of the hearing shall be in writing and may be granted only for good cause shown.

  • Representation of Parties

The applicant or member is entitled to be accompanied by and/or represented at the hearing by a member of the Society in good standing. The board of directors shall appoint the member of the Medical Society to represent it at the hearing, as long as that representative is not a member of the censors, the hearing committee or a witness at the hearing. The hearing shall be for the purpose of resolving intraprofessional matters. If the practitioner or board of directors chooses to have legal counsel present, then the board of censors must permit both sides to have legal counsel present.

  • Presiding Officer

The chairperson of the board of censors shall preside over the hearing and shall assure that all participants in the hearing have a reasonable opportunity to present relevant oral and documentary evidence and to maintain the quorum.

  • Permissible Evidence

The affected applicant or member shall have the right to: call and examine any witness, except patients; to introduce written evidence and to cross-examine any witnesses, excluding patients, on any matter relevant to the issue of the hearing; to challenge any witness; and to rebut evidence. If the practitioner does not testify on her/his own behalf, she/he may be called and examined as if under cross-examination.

  • Official Notice

In reaching a decision, the board of censors may take official notice of any generally accepted technical, scientific or other factual matter relating to the issues under consideration. Matters that are officially noticed shall be noted in the record and/or report of the hearing.

  • Conduct of the Hearing

The hearing may or may not be conducted strictly according to the rules of law relating to the examination of witnesses or presentation of evidence in a relevant matter upon which responsible persons customarily rely. Conduct of serious affairs shall be considered regardless of the existence of any common law or statutory rule which might make evidence inadmissible over the objections in civil or criminal actions. The applicant or member for whom the hearing is being held shall, prior to or during the hearing, be entitled to submit memoranda concerning any issue of procedure of fact, and such memoranda shall become part of the hearing record.

  • Burden of Proof

It shall be the obligation of the representative of the Society to present appropriate evidence in support of the adverse recommendation, but the practitioner shall, thereafter, be responsible for supporting her/his challenge to the adverse recommendation or action by the appropriate showing that the charges or grounds lack any factual basis, or that such basis or any resulting action is arbitrary or capricious.

  • Recesses and Adjournment

The board of censors may, without special notice, recess and reconvene the hearing for the purpose of convenience of the participants or for the purpose of obtaining new or additional evidence or consultation. Upon conclusion of the presentation of oral and written evidence, the hearing shall be closed. The hearing committee shall thereupon, at a time convenient to itself, conduct its deliberations outside the presence of all the parties.

  • Hearing Committee Report

Within 15 days of the final adjournment of the hearing, the board of censors shall make a written report of its findings and recommendations. The report with its findings of facts and recommendations shall be forwarded to the secretary of the Medical Society. Copies of the report shall be sent to the board of directors and, by certified mail, to the applicant or member.

  • Board of Censors’ Recommendation and Board of Directors’ Action

The board of censors shall take the hearing committee’s recommendations under consideration immediately, and shall forward its opinion of the recommendation to the board of directors within 40 days. The board of directors shall act upon the recommendation of the board of censors and opinions with 40 days after the receipt by the board of directors.

If the recommendation of the hearing committee is favorable to the applicant or member, the board of censors may take the hearing committee’s recommendation under consideration immediately and decide the matter within 40 days.

Appellate Review

If the board of directors issues a decision that is adverse to an applicant’s appointment to, or status as a member of the Medical Society of the County of Monroe, that individual is entitled to an appellate review of the board of directors’ adverse decision.

  1. Notice of Adverse Action

Within 10 days after the adverse action by the board of directors, the board of directors shall formally notify the applicant member of the outcome, and it shall advise the applicant or member f his/her right to an appellate review pursuant to the provisions of this fair hearing process.

  1. Request for Appellate Review

The applicant or member shall have 30 days within which to submit a formal request for an appellate review of the board of directors’ adverse action. Hearing request shall be sent to the president of the Society.

  1. Waiver of Appellate Review

The applicant or member may waive her/his right to an appellate review on the matter, either expressly or by failure to make a timely written request. If the applicant or member waives his/her right to an appellate review of the action of the board of directors’, such action shall become final.

  1. Appellate Review Committee

Appellate review shall be conducted by an appellate review committee appointed by the board of directors. The board of directors shall also appoint a chairperson of this committee.

  1. Notice of Time and Place of Appeal

Within 10 days after receipt by the board of directors of an applicant or member’s request for an appellate review, the appellate review committee shall be organized and shall schedule a date for review, including such time and place for oral argument if such has been requested by the applicant or member and shall notify the applicant or member in writing of the appeal date. The appellate review shall be conducted not less than 15 days, nor more than 45 days, from the receipt of the notice of request, except by agreement of both parties.

  1. Appellate Review Procedure

The appellate review shall be conducted in accordance with the following guidelines:

  • Purpose of Appellate Review

The purpose of the appellate review shall be for the purpose of determining whether the adverse recommendation or decision against the affected applicant or member was justified and not arbitrary or capricious, and that the process for a fair hearing was conducted as intended by these bylaws. New or additional matters not raised during the original hearing or in the board of censor report or otherwise reflected in the record may not be introduced in the appellate review.

  • Access to Record

The applicant or member shall have access to the report and record of the board of censors, and to all other material that was considered in making the adverse decision.

  • Written Statements

The applicant or member may submit a statement on his/her behalf in which she/he may contest an irrelevant factual or procedural matter and state the reasons for disagreement. The written statement shall be submitted to the appellate review committee at least five days prior to the scheduled date for the appellate review.

  • Oral Argument

If an oral argument has been requested as a part of the review procedure, the applicant or member shall be present at such appellate review and shall be permitted to speak against the adverse action of the board of directors and shall answer questions put to him/her by any member of the appellate review committee. A member of the board of directors shall also be present and shall be permitted to speak in favor of the adverse action and shall answer questions put to him/her by any member of the appellate review committee. If the applicant or member or board of directors chooses to have legal counsel present, then the appellate review committee must permit both sides to have legal counsel present.

  • Presiding Officer

The chairperson of the appellate review committee shall be the presiding officer. She/he shall determine the order of procedure during review and shall make all required rulings and maintain decorum.

  • Recesses and Adjournment

The appellate review committee may recess the review proceedings and reconvene the same without additional notice for the convenience of the participants or for the purpose of obtaining additional evidence or consultation. Upon conclusion of oral statements, if allowed, the appellate review shall be closed. The appellate review committee shall thereupon, at a time convenient to itself, conduct its deliberations outside the presence of the parties.

  • Burden of Proof

The appellate review committee shall review the record created in the proceedings and shall consider the written statements and oral arguments presented during the course of the appeal for the purpose of determining whether the adverse recommendation or decision by the board of directors against the affected applicant or member was justified and was not arbitrary or capricious.

  • Participation of Majority

A majority of the appellate review committee shall be present throughout the review and deliberations. If a member does not participate in the review of the written record or is absent from the oral argument, if any, he/she shall not participate in the deliberations or vote.

  • Action Taken

The appellate review committee may recommend that the board of directors affirm, modify or reverse the adverse result or action it had taken, or, in its discretion, may refer the matter back to the board of censors for further review and recommendation with respect to particular factual matters to be returned to the appellate review committee within 30 days in accordance with its instructions. Within 10 days after receipt of recommendations after referral, the appellate review committee shall complete its deliberations and conclude its appeal.

  • Board of Censors’ Recommendation and Final Board of Directors’ Action

Within 15 days after the appellate review is closed and the subsequent recommendation of the board of censors is solicited or received, the appellate review committee shall forward its written recommendation to the board of directors. The board of directors shall issue a final decision within 40 days following receipt of the recommendations of the appellate review committee and it shall communicate its decision to the president of the Society and to the applicant or member. The board of directors’ decision shall become effective immediately and shall not be subject to further hearing or appellate review.

ARTICLE XI

Amendments

  1. Amendments or additions to these bylaws may be made by a majority vote of the members present at a meeting, provided that notice of such amendment or addition shall have been presented in writing to each member at least 30 days prior to the meeting, and that a copy of such amendment or addition shall have been provided to each member at the time the notice for such meeting is sent.
  2. The board of directors may act on behalf of the Medical Society of the County of Monroe to assure that the Society conforms to statutes and regulations until amendments or additions made necessary by New York state law, federal law or the Medical Society of the State of New York are enacted by the membership at a meeting.