Constitution and Bylaws
of the
Delaware State Osteopathic Medical Society

Original Adoption: April 28, 1964 with subsequent amendments as of October 30, 1980

 

CONSTITUTION

ARTICLE I: Name

The name of this Society shall be the Delaware State Osteopathic Medical Society.

ARTICLE II: Objects

The objects of this Society shall be to promote the interests and influence the science of Osteopathy and of the Osteopathic profession by all means conducive to their development and establishment;

1. To influence public thinking to accept the need for constant improvement in health care.
2. By providing refreshing and advance medical education to osteopathic physicians. All members of the healing profession are welcome to attend these sessions.
3. To support all Osteopathic Hospitals in the State of Delaware.
4. To be active in the encouragement of college students to study osteopathic medicine.
5. To have a committee for the purpose of arranging with Osteopathic Medical Schools for at least one admission per year. This committee to have the authority to represent the State Society in dealing with these schools. (Amended 10/11/79)

ARTICLE III: Membership

Membership in this Society shall consist of its present members and those who shall be elected in the manner prescribed by the Bylaws.

ARTICLE IV: Divisional and Auxiliary Societies

This Society is a division of the American Osteopathic Association in accordance with the Bylaws of the American Osteopathic Association.

Local and district societies may become auxiliaries of this Society in accordance with the Bylaws of the American Osteopathic Association and the Delaware State Osteopathic Medical Society.

ARTICLE V: Officers & Committees

The officers of this Society shall be: President, Vice President, Secretary and Treasurer who shall be elected at the Annual Meeting and serve for a period of one year or until their successors are elected and assume their offices and responsibilities. Installation of newly elected officers shall take place during the first month of the fiscal period, but they shall assume their duties on the first day of the fiscal year. The Executive Committee of this Society shall be the administrative and executive body of this Society performing the duties, which are usually performed by the Board of Directors, and such other duties as are provided by the Bylaws.

The standing committees of this Society shall be:

1. Executive Committee
2. Credentials Committee
3. Nominating Committee
4. Bylaws Committee
5. Legislative Committee

The Executive Committee shall consist of all the officers of this Society, plus the Immediate Past President, plus one elected at large.

All other Standing Committees will be appointed by the President of the Society with the approval of the Executive Committee. (Amended 10/11/79)

ARTICLE VI: Meetings and Annual Session

The Annual Meeting of this Society shall be held any time during the month of October each year at an hour and place to be fixed by this Society in accordance with the Bylaws.

At the AOA House of delegates, a delegate and alternate will be elected to represent the Society. (Amended 10/30/80)

ARTICLE VII: Amendments

A quorum necessary for the conduction of business will be one over the number that represents 50% of the active membership. (Amended 10/30/80)

The Constitution may be amended by a majority vote of a quorum at the Annual Meeting, or a special meeting called for that purpose. A notice of the proposed amendment or amendments shall have been given to the member of this Society by mail, the same being sent to their last known address and bearing a postmark dated at least 30 days before the meeting at which the vote is to be taken. (Amended 10/30/80)

BYLAWS

ARTICLE I: Membership, Fees and Dues:

Section 1: An applicant for Active Membership shall be a graduate of a college recognized by the American Osteopathic Association and who subscribes to the Constitution, bylaws: the Code of Ethics of this Society; and must be a licensed Osteopathic Physician in the State of Delaware. This Society encourages its members to seek membership in the American Osteopathic Association. Application shall be made in writing to the Secretary and approved by the Society.

Section 2: An applicant for Associate Membership shall be a graduate of a college recognized by the American Osteopathic Association and this Society, and who subscribes to the Constitution, Bylaws and Code of Ethics of this Society, and must be a licensed Osteopathic Physician in some State of the United States and hold an Active Membership in another State Osteopathic Society. An Associate Member shall enjoy all the privileges of an Active Member of this Society except that he shall not be eligible to hold an elective office in this Society and he shall not have the privilege of voting. He shall be exempt from any assessments as outline in Article I; Section II.

Section 3: An applicant for Intern-Resident Membership shall be a graduate of a college recognized by the American Osteopathic Association and this Society who subscribes to the Constitution, Bylaws and Code of Ethics of this Society. An Intern-Resident Member shall enjoy all the privileges of an Active Member of this Society except that he shall not be eligible to hold an elective office in this Society, and he shall not have the privilege of voting. He shall be exempt from any assessments as outlined in Article I; Section II.

Section 4: Life membership may be granted by the Board of Trustees of the Delaware State Osteopathic Medical Society to any regular member who has reached the age of sixty-five years and who has been in good standing for twenty years immediately prior. Such members shall have the privileges and duties of regular members, but shall not be required to pay dues or assessments.

Section 4 (b): Any member of the Society who retires from practice in Delaware after a period of at least five years, may remain an active member in good standing, when approved by the Executive Committee. Annual dues for this type of Membership shall be 25% of the current dues. This membership shall have full privileges and may be subject to assessment at the discretion of the Executive Committee.

Section 4 (c): If a member is disabled from illness or accident within a five year period of practice in Delaware, the five year term may be waived.

Section 5: All applications for membership in the Society shall be submitted to the Secretary of the Delaware State Osteopathic Medical Society. The application shall be in writing and be accompanied by a written recommendation of a member physician in good standing in the Delaware State Osteopathic Medical Society. Within five days of the receipt of the application, the Secretary will send a notice to all members announcing the receipt of the application and that should they have or know of any reason for denial of membership, such reason should be directed in writing within fifteen days of receipt of the letter to the Chairman of the Credentials Committee at the offices of the Society. The application together with a letter of recommendation and any letters received from the membership will then be forwarded to the Credentials Committee who will review all the pertinent available information for the purpose of determining its recommendation for Society membership.

Section 6: The Credentials Committee’s recommendation shall be reviewed by the Executive Committee which will make a recommendation regarding the proposed application to be voted upon by the Society at its next General Meeting. If favorable action is taken upon the application by the Executive Committee, a letter from the Secretary will be sent to the applicant notifying him of the Executive Committee’s action and placing him in the status of "temporary membership" until final approval of his application may be given by the Society at its next meeting.

Section 7: Should the Executive Committee make the recommendation that the application not be approved, the Secretary shall notify the individual within ten days of the meeting of the Executive Committee and the individual will then be afforded the opportunity to request a hearing and appearance before the Executive Committee. The recommendation of the committee will then be submitted in writing to the full Membership of the Society and the Society shall review the application and the recommendation of the committee and vote on the application. The applicant shall be notified in writing of the action of the Society. Should the Society rule against the proposed member, the applicant will be notified in writing by the Secretary within ten days. The applicant shall have the opportunity to appeal and to appear before the Ethics Committee at a Special Meeting to be called by the President. The recommendation of the Ethics Committee will be forwarded to the Society for final action.

Section 8: All appeal requests by an applicant should be in writing and be submitted to the Secretary.

Section 9: Upon approval of the application by the Membership Commitee, the individual will be notified within five days and will be informed of his dues and obligations to be paid according to the Bylaws of the Society.

Section 10: The annual dues of this Society shall be $200 payable in advance to the Treasurer on or before January 1 the beginning of the fiscal year. Applications made within three months of the close of the fiscal year accompanied with the full amount of annual dues shall be credited with dues paid in full to the end of the succeeding year. (Amended 12/4/80 by Executive Committee)

Out of state osteopathic physicians shall be eligible to an Associate Membership; the annual dues for such Associate Membership shall be $75.00. (Amended 12/4/80 by Executive Committee)

New physicians beginning practice, i.e., physicians finishing an internship or residency program or those so designated by the Executive Committee, will not be obligated to pay dues until January 1 after they have made application, providing said application is made after the annual October meeting. The first year’s dues following this period of grace shall be one-quarter of the regular dues ($50); the second year’s dues shall be ($125). All members shall be obligated for the entire amount specified in this Section, the third full year of practice. Members approved by the Society during the fiscal year will be charged a pro-rata portion of the appropriate dues except as stated in the Section 10 paragraph 1 of above. (Amended 12/4/80 by Executive Committee)

A member whose dues remains unpaid for six months shall become suspended and forfeit all membership privileges, but may be reinstated before the expiration of one year of payment of current dues and assessments. Indigent members unable to meet their financial obligations to this Society shall be referred to the Executive Committee for disposition. After one-year delinquency, the member shall be notified in writing to the last known address of the member of the amount due this Society. If payment is not received within thirty days, the member is dropped from the rolls.

A change in dues can only be considered at the Annual Meeting.

Section 11: To meet emergencies, assessments may be levied on the Active Members of this Society by a majority vote, not to exceed $50 per capita in any one year. Assessments shall be paid promptly and failure shall incur the same penalty as failure to pay dues.

Section 12: Members of the Delaware State Osteopathic Medical Society engaged in active full time military service of the United States and who do not practice Osteopathy except as it may be related to military duty, shall pay no dues during the period of such service.

Section 13: Each member may indicate a specific college as the recipient of his donation to the Osteopathic Progress Fund to which he contributes as part of his dues. Any undesignated funds would be distributed equally among the osteopathic colleges in existence and currently operating.

Section 14: Any member charged with the violation of the Constitution, Bylaws or Code of Ethics of the American Osteopathic Association or of any unprofessional conduct, shall have any such charges investigated by a committee to be appointed by the President. The Ethics Committee shall handle complaints against any member of this Society in accordance with the procedure hereinafter set forth. At the time of the designation of the committee, the President shall signify who shall act as Chairman and who shall act as Secretary of the committee.

Procedure for complaints made to the ethics committee of the Delaware State Osteopathic Medical Society Inc. shall be as follows:

1. All complaints against a member of this Society must be in writing and sworn to by the complainant before a notary public.

2. The complaint must pertain to unprofessional conduct or a violation of the Code of Ethics of the American Osteopathic Association.

3. Upon receiving of the complaint, the Secretary of the committee shall forward to each of the other members of the committee a copy of the same and shall within five (5) days after the receiving of the complaint by the members of the committee, call a meeting of the committee, which notice shall fix the time and place of the meeting.

4. Within thirty (30) days following said meeting of the Ethics Committee, if the charges are upheld, the committee must report all findings to the Board of Trustees and disciplinary action may be carried out by the Board. However, if action considered is expulsion, the findings must be brought from the Board of Trustees to the membership body at a specially called meeting for this purpose, after ten (10) days notice to all members of this Society. Expulsion from this Society must be voted affirmatively by a two-thirds majority of the membership. Only those present are eligible to vote.

ARTICLE II: Divisional and Auxiliary Societies

Section 1: This Society is a divisional or State Society of the American Osteopathic Association after submitting to the American Osteopathic Association a report of such action of the Society, authorizing the application for affiliation and evidence that its Constitution, Bylaws and Code of Ethics conform generally to those of the American Osteopathic Association. This Society reserves the right of withdrawal, as an affiliated divisional society of the American Osteopathic Association should occasion warrant such action.

Section 2: Any district society or auxiliary may become a constituent part of this Society by submitting a report of such action of its society authorizing the application for affiliation and accepted by a two-thirds vote of the membership present at the meeting and voting.

Section 3: The Board of Trustees is authorized to recognize as an auxiliary society, the WOMEN’S AUXILIARY TO THE DELAWARE STATE OSTEOPATHIC MEDICAL SOCIETY.

ARTICLE III: Meetings

Section 1: A meeting of the membership of this Society shall be held annually for such business as may come before it any time during the month of October each year, the place and exact hour of such meeting to be fixed by the President.

Section 2: Two additional meetings of the membership of this Society shall be held in the Spring and during the first month of the fiscal year, the time and place of these meetings shall be set by the President for such business as may come before the Society and for a general discussion of the matters incidental to the practice of the Osteopathic Medical Profession. Officers elected at the previous Annual Meeting shall be installed at the meeting to be held during the first month of the fiscal year.

Section 3: Special meetings of the membership may be called by the President or may be called by the Secretary upon a written petition of five members.

Section 4: A meeting of this Society shall not be considered legal unless twelve (12) of the vote-privileged members are present.

ARTICLE IV: Duties of Officers

Section 1: The President shall preside at all meetings of this Society and shall perform the duties usually pertaining to this office.

Section 2: The Vice-President in the absence or at the request of the President shall perform the duties of that office.

Section 3: The Secretary shall keep a record of the transaction of all meetings of this Society, give due notice of the time and place of all meetings, regular meetings being postmarked ten (10) days in advance, conduct the correspondence and carefully preserve all records and papers of this Society.

Section 4: The Treasurer shall have charge of the funds of this Society and shall disburse them only upon the consent of a majority of the membership at a regular meeting. He shall be responsible for the collection of fees and dues as provided in these Bylaws. Members shall be billed ninety (90) days later, and at six months, and one year. He shall keep on file at all times an accurate record of all transactions of the office, which shall at any time be subject to examination by the President or officers. He shall be prepared to give a financial report of the Society when requested at any regular or special meeting.

Section 5: It shall be the duty of the President to arrange for the orderly transfer of the official seal of this Society and other official documents to the succeeding President at the installation of the officers during the first month of the fiscal year, and to obtain receipts for the Seal and official documents. Failure of the outgoing President and succeeding officer to effect the orderly transfer of the Seal and other official documents will result in suspension of the Society member concerned until the Bylaws are complied with.

ARTICLE V: Board of Trustees

Section 1: The Board of Trustees shall transact all the business of this Society between the annual sessions at the meeting coincident with the annual session of this Society, and at other times on the call of the President, and shall appoint all standing and special committees not otherwise provided for in the Bylaws and shall fill by appointment and vacancy occurring in its own membership, or any other office until the time of the next meeting of this Society.

Section 2: The Board of Trustees shall appoint from the members in good standing the Examiner of Applicants for Admission to the practice of Osteopathy as said Examiner is provided for in Paragraph 931, Section 19, of Chapter 27 of the revised code of Delaware, 1935 as amended.

Section 3: The Board of Trustees shall report its recommendations and actions at the regular meeting.

Section 4: The Board of Trustees shall have the power after careful investigation to recommend to the Society the removal of any member for violation of the Code of Ethics as in Article VI, remove any officer of this Society for incompetency or failure to perform the duties of his office.

ARTICLE VI: Code of Ethics

The Code of Ethics of this Society shall be identical with that of the American Osteopathic Association.

ARTICLE VII: Amendments

These Bylaws may be amended by a two-thirds vote of the voting members present at the Annual Meeting providing 30 days notice of the proposed amendment or amendments shall have been given to the members of this Society by mail the same being sent to their last known address and bearing a postmark dated at least 30 days before the meeting at which the vote is to be taken.

Revised and approved: October 30, 1980