- Email: [email protected]
Proposed Revised APhA Bylaws: April 20, 1979
Proposed Revised APhA Bylaws April 20, 1979 Article I. Name and Seal 1 2 3 4 5
Section 1. Name. This ASSOCIATION shall be called the "AMERICAN PHARMACEUTICAL ASSOCIATION." Section 2. Seal. This ASSOCIATION shall have an official seal.
Article II. Purposes 1 2 3 4 5 6 7
8 9 10
11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
26 27 28 29 30
31 32
33 34
35 36 37 38 39
40 41
28
Section 1. Purposes. This ASSOCIATION shall have the following purposes in the interest of the profession of pharmacy and the public welfare: A. To participate in a system of education and training and to recommend standards of professional practice to produce and maintain a high level of competence among pharmacists in providing pharmaceutical service and in advancing pharmacy practices. B. To disseminate knowledge to promote the safe and effective use of drugs by members of the health professions and the lay public. C. To encourage and maintain relations with members of other health professions and their representative organizations. D. To participate as representative of the profession of pharmacy in the processes of government with regard to subjects of interest to the profession of pharmacy. E. To encourage interest in the practice of pharmacy as a professional career and to support systems of educational accreditation and licensure which will assure an adequate supply of competent pharmacists. F. To provide and maintain a Code of Ethics for pharmacists and to maintain a system to respond to complaints of unprofessional conduct against its members. G. To foster research and accept such grants and to enter into such contracts which may further its purposes. H. To pursue such other lawful purposes within its corporate powers as may be approved from time to time by its members or Board of Trustees. Section 2. Membership Benefits and Services. In furtherance of its lawful purposes and within its corporate powers, this ASSOCIATION shall conduct such programs and activities and shall provide such other membership benefits and services as may be established from time to time by its members or Board of Trustees.
-
Article III. Membership 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23
24 25
26 27 28 29 30
31 32
33 34 35 36 37 38 39 40 41 42 43
44 45 46
47 48
49 50 51
Section 1. Classes of Membership. This ASSOCIATION shall have Active, Associate, Student, and Honorary classes of membership and such other classes of membership as may be established from time to time by the Board of Trustees. Section 2. Active Membership. Any pharmacist, meaning an individual licensed to practice pharmacy in the United States or holding an earned degree in pharmacy which qualifies the individual to obtain such a license, shall be eligible for Active membership. Members of the former Life membership class shall be Active members without payment of dues. An Active member shall have full voting rights and may hold office in this ASSOCIATION and any of its subdivisions in which membership is held. Section 3. Associate Membership. Any individual not eligible for Active membership, who supports the purposes of this ASSOCIATION, shall be eligible for Associate membership. An Associate member shall have full voting rights only in an ASSOCIATION subdivision in which membership is held, and may hold office only in a subdivision in which such rights and privileges are granted. Section 4. Student Membership. Any undergraduate student, meaning an individual regularly enrolled in pre-pharmacy or pharmacy in a university or college holding membership in the American Association of Colleges of Pharmacy or accredited by the American Council on Pharmaceutical Education, shall be eligible for Student membership. A student member shall also be a member of the ASSOCIATION subdivision, Student American Pharmaceutical Association. A Student member shall have full voting rights and may hold office only in the Student American Pharmaceutical Association, provided, however, that a Student member shall have full voting rights as a member of an ASSOCIATION committee or as a delegate of the Student American Pharmaceutical Association in the ASSOCIATION House of Delegates. Section 5. Honorary Membership. Any individual may be granted Honorary membership by the Board of Trustees. An Honorary member shall have no voting rights and may not hold office in this ASSOCIATION or any of its subdivisions unless entitled to do so under another class of membership. Section 6. Admission to Membership. Any
American Pharmacy VoI.NS19. No.4, Apr.1979/196
II~ III 52 53 54
55 56 57
58 59 60 61 26 63
64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80
81 82 83 84
85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102
individual shall be admitted to membership in the appropriate class of membership upon completion of administrative processing of any required application accompanied by required dues, provided, however, that the Board of Trustees may deny any individual membership for cause, meaning conduct tending to damage the public reputation of this ASSOCIATION. No individual whose membership in this ASSOCIATION has been terminated as a result of Judicial Board action may reapply for membership until one (1) year from the date of such termination; the application shall require specific approval of the Board of Trustees. Section 7. Membership Benefits and Services. Membership benefits and services for each class of membership shall be those established from time to time by the Board of Trustees. The Board of Trustees may add, delete, or adjust membership benefits and services as it deems necessary or desirable in furtherance of ASSOCIATION purposes. No addition, deletion, or adjustment of membership benefits or services shall require any adjustment of dues for the membership period during which the addition, deletion, or adjustment of membership benefits or services occurs. Section 8. Termination of Membership. Any member may voluntarily terminate membership by written notice to this ASSOCIATION. Termination of membership shall be effective upon completion of administrative processing of such notice. No such voluntary termination of membership shall be effective to avoid any debt to this ASSOCIATION or to avoid any pending disciplinary proceeding. This ASSOCIATION may terminate the membership of any member for failure to pay required dues or as the result of disciplinary action by the Judicial Board. Such termination of membership shall be effective at the convenience of this ASSOCIATION. Termination of membership shall terminate the right of any member to all membership benefits and services. Section 9. Dues. Each member shall pay such dues as may be required from time to time by the Board of Trustees for each class of membership. The Board of Trustees may establish from time to time such administrative policies and procedures as it deems necessary or desirable to facilitate the payment and receipt of required dues. The Board of Trustees may also establish from time to time special dues within established classes of membership.
5 6 7 8 9 10 11
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48
49 50 51 52 53 54
55 56 57
Article IV. Officers 1 2 3 4
Section 1. Officers. The officers of this ASSOCIATION shall be the President, Chairman of the Board of Trustees, and Treasurer. Section 2. President. The President shall be the
58 59
60 61 62
:til
chief executive officer and shall serve as a Trustee [II of this ASSOCIATION. The President shall be li~1 responsible to the Board of Trustees in the exerIII cise of assigned duties and authority for executive II and administrative decisions or actions with regard to the continuing management of ASSOCIA-, it' TION affairs. The President shall serve as SecreIii,' tary of the American Pharmaceutical Association,t,l! a nonprofit corporation, and as Secretary of the il'l,,': House of Delegates, the Board of Trustees, and.! tl" the Judicial Board. The President shall be an Active member ap[Ii, pointed by the Board of Trustees and employed by II:: this ASSOCIATION on such terms and conditions 1'1, as are approved by the Board of Trustees, provided, ' I ' however, that the President shall serve for a term of 'Ii three (3) years, which term shall be renewable. A ! vacancy in the office of President shall be filled by 'I I; an Active member appointed by the Board of , Trustees. I S(!ction 3. Chairman of the Board of Trustees. II The Chairman of the Board of Trustees shall be the principal elected officer and shall serve as a Trustee of this ASSOCIATION. The Chairman of i the Board of Trustees shall preside at meetings of ; this ASSOCIATION and shall appoint, with the approval of the Board of Trustees, all ASSOCIATION standing and special committees other than ASSOCIATION Policy Committees and ASSOCIATION Reference Committees. The Chairman " of the Board of Trustees shall perform such other I' duties as may be assigned from time to time by the ;1 I' Board of Trustees, but shall have no individual P, duties or authority for executive or administrative i ' decisions or actions with regard to the continuing i management of ASSOCIATION affairs. The Chairman of the Board of Trustees shall be elected as provided for in the Article on elections in these Bylaws and shall serve for a term of one il: (1) calendar year following election and until a suc- I ' cess or has been duly elected and installed. No individual shall serve more than two (2) successive terms as Chairman of the Board of Trustees. A vacancy in the office of Chairman of the Board of Trustees shall be filled by a Chairman of the Board of Trustees, pro tern, appointed by the Board of Trustees. A Chairman of the Board of Trustees, pro tern, shall serve until a successor Chairman of the Board of Trustees shall be elected and installed for a regular term as provided for in the Article on elections in these Bylaws. Section 4. Treasurer. The Treasurer shall be responsible to the Board of Trustees for supervision of ASSOCIATION financial affairs and shall serve as a Trustee of this ASSOCIATION. The Treasurer shall approve all disbursements in excess of " an amount specified from time to time by the i i I Board of Trustees. The Treasurer shall make an I'~ !
:,1,",:1
I
L-_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _...L_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _--J!!,'"
American Pharmacy VoI.NS19, No.4, Apr.1979/197
-
III'
29'
i'I,J
63 64 65
66 67 68 69 70 71 72 73
annual financial report to the membership which includes an audited financial statement for the preceding fiscal year and which reflects the current financial condition of this ASSOCIATION. The Treasurer shall be an Active member appointed by the Board of Trustees and shall serve for a term of three (3) years, which term shall be renewable. A vacancy in the office of Treasurer shall be filled by an Active member appointed by the Board of Trustees.
Article V. 1 2 3 4 5 6 7
8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23
24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43
Board of Trustees
Section 1. Composition. Nine (9) Elected Trustees, the Officers, and the Speaker of the House of Delegates of this ASSOCIATION shall constitute the Board of Trustees. Section 2. Duties and Authority. The Board of Trustees shall be responsible for the general supervision and management of ASSOCIATION affairs, including, but not limited to, the specific duties and authority stated in these Bylaws. It shall have, in addition to the specific duties and authority stated in these Bylaws, such duties and authority which from time to time are imposed on or recognized by law as being applicable to nonprofit corporations. It shall adopt bylaws and rules or procedures for the conduct of its business. It shall act with regard to matters of ASSOCIATION policy for the House of Delegates in the interim between House of Delegates meetings and shall make an annual report to the membership regarding the programs and activities of this ASSOCIATION. Section 3. Election of Trustees. Elected Trustees shall be elected as provided for in the Article on elections in these Bylaws. Section 4. Term of Office. Elected Trustees shall be elected for a term of three (3) years and shall serve until their successors have been duly elected and installed. No individual shall serve more than two (2) successive terms as an Elected Trustee. Section 5. Vacancies. A vacancy among Elected Trustees shall be filled by an Active member selected by the Board of Trustees to serve the remainder of the unexpired term. A vacancy among Officer Trustees shall be filled as provided for in the Article on Officers in these Bylaws. Section 6. Meetings. The Board of Trustees shall meet at the call of the Chairman of the Board of Trustees or on the call of a quorum of the Board of Trustees. The time and place of Board of Trustees meetings shall be established by the Chairman of the Board of Trustees. Section 7. Quorum. Eight (8) Trustees shall constitute a quorum for the transaction of business.
Article VI. 1 2 3 4 5 6 7 8 9
10 11 12 13 14 15 16 17 18 19 20 21 22 23
24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49
so 51 52
53 54
55 56
57
House of Delegates
Section 1. Composition. The House of Delegates shall consist of delegates from States, ASSOCIATION subdivisions, Affiliated Organizations, Recognized Organizations, and Delegates Ex Officio. Each delegate and Delegate Ex Officio must be an Active or Student member of this ASSOCIATION and must be certified as a delegate by the President or Executive Officer of the appointing organization. Section 2. Apportionment of Delegates. A. States: each shall have two (2) delegates, plus one (1) delegate for each two hundred (200) Active members of this ASSOCIATION, or major fraction thereof, resident in the state. State Recognized Organizations will appoint two (2) delegates, and the Speaker of the House of Delegates will appoint the remainder of the delegates to which the state is entitled. State Affiliated Organizations will appoint two (2) delegates, plus one (1) delegate for each two hundred (200) Active members of the ASSOCIATION, or major fraction thereof, who are members of the State Affiliated Organization, and the Speaker of the House of Delegates will appoint the remainder of the delegates to which the state is entitled. B. ASSOCIA nON subdivisions: each shall have fifteen (15) delegates. C. National Affiliated Organizations: each shall have fifteen (15) delegates. D. National Recognized Organizations: each shall have two (2) delegates. E. Delegates Ex Officio: shall be each Trustee, ASSOCIATION Past-Presidents, Past Chairmen of the Board of Trustees, and Past Speakers of the House of Delegates. Section 3. Executive Officers. The Executive Officer of any ASSOCIATION subdivision or any Affiliated or Recognized Organization, who is not a delegate, shall have the privilege of the floor and may address the House of Delegates, but shall have no vote. Section 4. Duties and Authority. The House of Delegates shall serve as a legislative body in the development of ASSOCIATION policy. It shall act on such policy recommendations as shall come before it and shall adopt bylaws and rules or procedures for the conduct of its business. Section 5. Appointment of Delegates. Appointing organizations shall notify the Secretary of the House of Delegates no later than sixty (60) days before the regular meeting of the House of Delegates of the name and address of each of its delegates. All delegates other than Delegates Ex Officio shall serve until their successors have been appointed. Delegates Ex Officio shall serve for life or, in the case of Trustees serving as Delegates Ex Officio, until their successors have been duly ap-
30 American Pharmacy VoI.NS19, No.4, Apr.1979/198
58 59 60 61 62
63 64 65 66 67 68 69 70 71 72 73
74 75 76 77 78 79 80
81 82
83 84
85 86 87 88 89 90 91 92 93 94 95
pointed or elected and installed. Section 6. Officers. The Officers of the House of Delegates shall be a Speaker, Vice Speaker, and Secretary. The Speaker, or Vice Speaker in the absence of the Speaker, shall appoint delegates and Committees as provided in these Bylaws, shall preside at meetings of the House of Delegates, and shall be responsible for a report of the actions of the House of Delegates to the members of this ASSOCIATION. The Secretary of the House of Delegates shall be responsible for the administrative functions. The Speaker and Vice Speaker shall be elected during the Annual Meeting by the House of Delegates from a slate of two (2) candidates for each office nominated by the Committee on Nominations. They shall serve until the end of the next Annual Meeting following election and until their successors are duly elected and installed. The President shall serve as the Secretary of the House of Delegates. Section 7. Meetings. The House of Delegates shall hold a regular meeting during the Annual Meeting of this ASSOCIATION, this regular meeting to consist of such sessions and to have an order of business as specified in the official program of the Annual Meeting. The House of Delegates may hold special meetings at the call of the Speaker with the approval of the Board of Trustees, or upon written petition of a majority of authorized delegates. The time and place of special meetings of the House of Delegates shall be established by the Speaker with the approval of the Board of Trustees. Section 8. Quorum. A majority of the delegates registered at any regular or special meeting of the House of Delegates shall constitute a quorum for the transaction of business.
Article VII. 1 2 3 4
5 6 7
8 9 10 11 12 13
14 15 16 17
Committees
Section 1. Standing Committees. The ASSOCIATION shall have the following standing committees and such other standing committees as the Board of Trustees may establish from time to time: Policy Committee on Educational Affairs Policy Committee on Public Affairs Policy Committee on Professional Affairs Policy Committee on Scientific Affairs Reference Committee on Educational Affairs Reference Committee on Public Affairs Reference Committee on Professional Affairs Reference Committee on Scientific Affairs Committee on Nominations Committee of Canvassers Standing committees which are Policy Committees and Reference Committees shall be appointed
American Pharmacy VoI.NS19, No, 4, Apr.1979/199
18 19 20 21 22 23
24 25 26
27 28
29 30
31 32
33 34
35 36 37
38 39 40 41 42 43
44 45
46 47 48
49 50 51 52
53 54
55 56 57 58 59 60 61 62
63 64
by the Speaker of the House of Delegates, and all other standing committees shall be appointed by the Chairman of the Board of Trustees. Policy Committees and Reference Committees shall have such number of members as the Board of Trustees may establish from time to time and shall consider subjects only on agendas approved by the Board of Trustees. A Policy Committee may also review existing ASSOCIATION policy within its jurisdiction and may recommend to the Board of Trustees that particular policies be considered for amendment or rescission. The time and place of Policy Committee meetings shall be established by the Speaker of the House of Delegates with the approval of the Board of Trustees. The Committee on Nominations shall nominate all candidates for Chairman of the Board of Trustees, Elected Trustee, Speaker of the House of Delegates, and Vice Speaker of the House of Delegates, as provided for in the Article on elections in these Bylaws. The Committee on Canvassers shall certify the results of all ASSOCIATION elections as provided for in the Article on elections in these Bylaws. Section 2. Special Committees. The Chairman I of the Board of Trustees may appoint such Special,) Committees as may be deemed necessary or desirable with the approval of the Board of Trustees. Special Committees shall have such number of I members and such duties and authority as the Board of Trustees may establish from time to time. The time and place of Special Committee meetings shall be established by the Chairman of the Board of Trustees. Members of Special Committees shall serve until submission of the special committee final report or until discharged by the Chairman of the Board of Trustees. Section 3. Quorum. A majority of the members of any committee shall constitute a quorum for the transaction of business. Section 4. Committee Voting Other Than at a Meeting. Any question which might be decided by vote taken at any committee meeting may be decided by vote taken by mail, telegraphic, or telephone ballot. '
Article VIII. Subdivisions 1 2 3 4
5
Section 1. Subdivisions. This ASSOCIATION shall have the following subdivisions and such other subdivisions as the Board of Trustees may establish from time to time: Academy of Pharmacy Practice
31
6 7 8 9 10 11 12
13 14 15 16 17 18 19 20 21 22 23 24 25
Academy of Pharmaceutical Sciences Student American Pharmaceutical Association Each subdivision shall conduct such programs as it may establish from time to time for the benefit of its members, the profession, or the public. Each subdivision shall adopt such bylaws and rules or procedures as it deems necessary or desirable to facilitate its business. Subdivision programs, bylaws, rules, and procedures are subject to the approval of the Board of Trustees. Each subdivision may establish particular qualifications for membership in the subdivision and may provide for subdivision dues in its bylaws with the approval of the Board of Trustees. Each subdivision shall meet during the Annual Meeting of this ASSOCIATION and at such other times as may be determined by its governing body. Educational programs presented at subdivision meetings shall be open to any member of this ASSOCIATION.
Article IX. Judicial Board 1 2
3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19
20 21
22 23 24 25 26 27 28 29 30 31 32 33
34 35
Section 1. Composition. A Judicial Board shall consist of five (5) Active members each of whom shall not have been the subject of disciplinary proceedings. ASSOCIATION Officers and Trustees shall not serve on a Judicial Board. Section 2. Appointment. A Judicial Board shall be appointed and convened by the Chairman of the Board of Trustees as required on an ad hoc basis. Section 3. Term of Office. A member of a Judicial Board shall serve until final disposition of the matter(s) for which the Judicial Board was convened or until discharged by the Chairman of the Board of Trustees. Section 4. Vacancies. A vacancy on a Judicial Board shall be filled by an Active member selected by the Chairman of the Board of Trustees to fill the remainder of the unexpired term. Section S. Duties and Authority. A Judicial Board shall be responsible for hearing and deciding any complaint of unprofessional conduct made against any member which may come before it and may render upon request or on its own motion advisory opinions relating to interpretation of the ASSOCIATION Code of Ethics. The Board of Trustees shall establish Judicial Board rules and procedures and shall provide interested parties information as to the procedures observed in Judicial Board disciplinary proceedings. The Board of ~rustees shall make an annual report of any Judiclal Board activities. ~ection 6. Unprofessional Conduct. Unprofesslonal conduct shall include: A. <;onduct of a member, acting alone or in concert with any other person, group, or organization
_I11III1_ 32
which violates the principles embodied in the Code of Ethics. B. Conduct of a member, acting alone or in concert with any other person, group, or organization which a duly constituted judicial or disciplinary body of federal or state government has determined to be a violation of a law, rule, or regulation 43 within its jurisdiction. 44 Section 7. Sanctions. A member found by a Ju45 dicial Board to have engaged in unprofessional 46 conduct may be reprimanded or suspended or ex47 pelled from membership in this ASSOCIATION. 48 Sanctions imposed by a Judicial Board shall not 49 become effective until expiration of the time for 50 appeal provided in these Bylaws or, in the case of 51 an appeal, until a decision is rendered by the Board 52 of Trustees. 53 No member shall be subject to sanctions unless 54 informed of the complaint and granted an oppor55 tunity to be heard before a Judicial Board. No 56 member shall be subject to sanctions for unprofes57 sional conduct which is alleged to h;we occurred 58 more than three (3) years before a complaint is 59 filed with this ASSOCIATION. 60 Section 8. Appeals. A member upon whom a 61 sanction is imposed may appeal the decision of a 62 Judicial Board to the Board of Trustees by serving 63 written notice of appeal on this ASSOCIATION 64 within sixty (60) days after the Judicial Board 65 renders its decision. The notice of appeal shall 66 state the objections on which it is based. The ap67 peal may be limited to review of the sanction im68 posed. 69 The Board of Trustees shall review without a 70 hearing the record of a Judicial Board proceeding 71 and may affirm, reverse or modify the decision of 72 the Judicial Board. The decision of the Board of 73 Trustees shall be final and binding on all interested 74 parties. 1------------------------1 36 37 38 39 40 41 42
Article X. 1 2 3 4 5 6 7 8 9
10 11 12
13 14 15 16
Meetings
Section 1. Annual Meeting. This ASSOCIATION shall hold an Annual Meeting each calendar year at a time and place established by the Board of Trustees. The Annual Meeting shall consist of such sessions and shall have an order of business as specified in the official program for the Annual Meeting. Section 2. Special Meetings. The ASSOCIATION may hold special meetings at the call of the Chairman of the Board of Trustees with the approval of the Board of Trustees. The time and place of special meetings shall be established by the Chairman of the Board of Trustees. The order of business for a special meeting shall be as specified in the call, notice or agenda of the special meeting.
American Pharmacy Vol.NS19, No.4, Apr.1979i200
J
Article XI. Elections 1
2 3 4 5 6 7 8 9
10 11 12 13 14 15 16 17 18 19 20 21 22 23
24 25 26 27 28
29 30
31 32
33 34
35 36 37
38 39
40 41 42 43 44 45 46
47 48
49
Section 1. Nomination. Except as may otherwise be provided in these Bylaws, candidates for election as ASSOCIATION officers, Elected Trustees and House of Delegates officers shall be nom inated by the Committee on Nominations from among Active members. A slate of two (2) candidates shall be nominated for each position for which an election is to be held other than Honorary Chairman of the Board of Trustees. Section 2. Election Procedure. Except as may otherwise be provided in these Bylaws, the names of candidates for election and a mail ballot shall be provided all members entitled to vote. Ballots may be in whatever form is deemed to facilitate the election procedure including ballots which can be tallied by automatic data processing methods. Executed ballots must be received by this ASSOCIATION by the date printed on the ballot to be included in· the vote tally. The committee of Canvassers shall meet following a tally of timely, valid ballots and shall review the election procedure for compliance with these Bylaws. It shall certify to the Board of Trustees the results of the election for each position. The names of candidates elected shall be made public following certification of the election by the Committee of Canvassers. Once certified, the results of any election shall not be subject to challenge. Section 3. Time of Election. Except as may otherwise be provided in these Bylaws, the ASSOCIATION nomination and election process shall be conducted pursuant to a schedule established by the President with the approval of the Board of Trustees, which will permit candidates elected to assume office as provided in these Bylaws. Section 4. Installation. Except as may otherwise be provided in these Bylaws, officers and Elected Trustees shall assume office on January 1 of the year following the year in which they are elected without the necessity of any formal installation procedure or ceremony. Section 5. Honorary Chairman of the Board of Trustees. When nominated by the Board of Trustees, an Honorary Chairman of the Board of Trustees of this ASSOCIATION shall be elected pursuant to the election procedures established in these Bylaws. The Honorary Chairman of the Board of Trustees shall serve for the calendar year next following election.
Article XII. finances 1 2
3 4 5
Section 1. Financial and Investment Policy. The financial and investment policy of this ASSOCIATION shall be as established from time to time by the Board of Trustees with the advice of the Treasurer, President, and such other financial ad-
American Pharmacy VoI.NS19. No.4. Apr.1979/201
6 7 8 9
10 11 12 13 14 15 16 17 18 19 20 21
22 23
24 25 26 27 28
29 30
31 32
33 34
35 36 37
38 39
40 41
visors as the Board of Trustees may deem neces- . sary or desirable. Investments shall not be restricted to those approved by law by the District of Columbia or any other jurisdiction. Section 2. Financial Administration. The President, with the approval of the Treasurer, shall be responsible for the continuing management of the financial affairs of this ASSOCIATION. The Board of Trustees shall approve any bank intended to serve as a repository of ASSOCIATION assets and a public accounting firm which shall be retained to conduct an annual audit of ASSOCIATION accounts. All disbursements of ASSOCIATION and subdivision funds shall be approved by the Treasurer and the President, or by the President alone, pursuant to such policies and procedures as may be established from time to time by the Board of Trustees. Section 3. Bonds. The Treasurer, the President, and such other members, employees, or agents of this ASSOCIATION as the Board of Trustees may direct, shall be bonded for proper care and disposition of ASSOCIATION property in their possession or custody. Such bonds shall be in amounts and subject to such conditions as the Board of Trustees shall direct. The expense of such bonds shall be borne by the ASSOCIATION. Section 4. Financial Report. The Treasurer shall make an annual financial report to the membership which includes an audited financial statement for the preceding fiscal year and which reflects the current financial condition of the ASSOCIATION. Section 5. Fiscal Year. The fiscal year of the ASSOCIA TION shall be the calendar year.
I--------,----------------~'_l
Article XIII. Recognized and Affiliated Organizations 1 2 3 4
5 6
7 8 9
10 11 12 13
Section 1. Recognized Organizations. Any orga' nization of pharmacists, the purposes of which are consistent with the purposes of this ASSOCIA- ,. TION, may be designated a Recognized OrganizaI tion by the Board of Trustees. Status as a Rec- I , ognized Organization may be terminated by the ", Board of Trustees. 'i Section 2. Affiliated Organizations. A Recog- . nized Organization may be designated as an Affil- . i iated Organization by the Board of Trustees. The :.1 ASSOCIATION and the Affiliated Organization shall execute an agreement which sets forth the terms and conditions of their affiliation.
r--------------~-------~
Article XIV. Parliamentary Authority and Precedence 1
Section 1. Parliamentary Authority.
-
,!
:
I,': t' ~ :
The rules ' i
331
2
3 4 5 6 7 8 9 10 II
12 13 14 15 16
contained in the current edition of Robert's Rules of Order shall govern this ASSOCIATION and its subdivisions in all cases to which they are applicable. The President may retain the services of a qualified parliamentarian for any meeting when such services are deemed necessary or desirable and shall do so for all deliberative meetings of the House of Delegates. Section 2. Precedence. In any case of conflict between these Bylaws and any other bylaws, parliamentary authority, or rules or procedures of any subdivision, these Bylaws shall prevail. All such apparent conflicts shall be resolved by the Board of Trustees whose decision shall be binding on all interested parties.
Article XV. Amendments 1 2 3
4 5 6 7
8 9 10 11 12
Section 1. Bylaws. Every proposed amendment of these Bylaws, with the approval of counsel and the Board of Trustees, shall be submitted with a mail ballot to all members entitled to vote. Ballots may be in whatever form is deemed to facilitate the voting procedure, including ballots which can be tallied by automatic data processing methods. Executed ballots must be received by this ASSOCIA TION by the date printed on the ballot to be included in the vote tally. A proposed amendment of these Bylaws shall become effective upon receiving a three-fourths (%) vote certified by the
13 14 15 16 17 18 19 20 21 22 23
24 25 26
27 28 29
30
Committee of Canvassers to the Board of Trustees. Once certified, the results of any vote on a proposed Bylaw amendment shall not be subject to challenge. Section 2. Code of Ethics. Every proposed amendment of the Code of Ethics, with the approval of counsel and the Board of Trustees, shall be submitted with a mail ballot to all members entitled to vote. Ballots may be in whatever form is deemed to facilitate the voting procedure, including ballots which can be tallied by automatic data processing methods. Executed ballots must be received by this ASSOCIATION by the date printed on the ballot to be included in the vote tally. A proposed amendment of the Code of Ethics shall become effective upon receiving a threefourths (%) vote certified by the Committee of Canvassers to the Board of Trustees.
Article XVI. 1 2 3 4 5 6 7 8
Notice
Section 1. Previous Notice. Any previous notice required to be provided any member of this ASSOCIATION or any subdivision may be given by printing the notice in a publication regularly provided the member entitled to notice or by mailing the notice to each member entitled to notice at the member's mailing address then indicated in the membership records of this ASSOCIATION. 0
Report of the APhA Committee on Constitution and Bylaws The APhA Committee on Constitution and Bylaws con- 1979 issue of American Pharmacy, that the proposed Bylaw sisting of the undersigned met on March 8, 1979, in revision satisfies the stated criteria. Washington, DC, to consider a proposed revision of the The APhA Committee on Constitution and Bylaws APhA Constitution and Bylaws, pursuant to Chapter VI, recommends approval of the proposed Bylaw revision. Article LB.4 of the Association Bylaws. It is the Committee's duty to determine that recommended changes are George H. Schneller, Chairman appropriate, that they are consistent with the objectives Rinaldo A. Brusadin of the Association, and that they conform to the policies George D. Denmark adopted by the House of Delegates and the Board of Joseph E. McSoley Trustees. The Committee is satisfied from its review of William R. Whitten the proposed Bylaw revision and accompanying explanatory material, both of which will be published in the April 790308
----------34
~
American Pharmacy VoI.NS19, No.4, Apr.1979/202
Section 1. Name. This ASSOCIATION shall be called the "AMERICAN PHARMACEUTICAL ASSOCIATION." Section 2. Seal. This ASSOCIATION shall have an official seal.
Article II. Purposes 1 2 3 4 5 6 7
8 9 10
11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
26 27 28 29 30
31 32
33 34
35 36 37 38 39
40 41
28
Section 1. Purposes. This ASSOCIATION shall have the following purposes in the interest of the profession of pharmacy and the public welfare: A. To participate in a system of education and training and to recommend standards of professional practice to produce and maintain a high level of competence among pharmacists in providing pharmaceutical service and in advancing pharmacy practices. B. To disseminate knowledge to promote the safe and effective use of drugs by members of the health professions and the lay public. C. To encourage and maintain relations with members of other health professions and their representative organizations. D. To participate as representative of the profession of pharmacy in the processes of government with regard to subjects of interest to the profession of pharmacy. E. To encourage interest in the practice of pharmacy as a professional career and to support systems of educational accreditation and licensure which will assure an adequate supply of competent pharmacists. F. To provide and maintain a Code of Ethics for pharmacists and to maintain a system to respond to complaints of unprofessional conduct against its members. G. To foster research and accept such grants and to enter into such contracts which may further its purposes. H. To pursue such other lawful purposes within its corporate powers as may be approved from time to time by its members or Board of Trustees. Section 2. Membership Benefits and Services. In furtherance of its lawful purposes and within its corporate powers, this ASSOCIATION shall conduct such programs and activities and shall provide such other membership benefits and services as may be established from time to time by its members or Board of Trustees.
-
Article III. Membership 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23
24 25
26 27 28 29 30
31 32
33 34 35 36 37 38 39 40 41 42 43
44 45 46
47 48
49 50 51
Section 1. Classes of Membership. This ASSOCIATION shall have Active, Associate, Student, and Honorary classes of membership and such other classes of membership as may be established from time to time by the Board of Trustees. Section 2. Active Membership. Any pharmacist, meaning an individual licensed to practice pharmacy in the United States or holding an earned degree in pharmacy which qualifies the individual to obtain such a license, shall be eligible for Active membership. Members of the former Life membership class shall be Active members without payment of dues. An Active member shall have full voting rights and may hold office in this ASSOCIATION and any of its subdivisions in which membership is held. Section 3. Associate Membership. Any individual not eligible for Active membership, who supports the purposes of this ASSOCIATION, shall be eligible for Associate membership. An Associate member shall have full voting rights only in an ASSOCIATION subdivision in which membership is held, and may hold office only in a subdivision in which such rights and privileges are granted. Section 4. Student Membership. Any undergraduate student, meaning an individual regularly enrolled in pre-pharmacy or pharmacy in a university or college holding membership in the American Association of Colleges of Pharmacy or accredited by the American Council on Pharmaceutical Education, shall be eligible for Student membership. A student member shall also be a member of the ASSOCIATION subdivision, Student American Pharmaceutical Association. A Student member shall have full voting rights and may hold office only in the Student American Pharmaceutical Association, provided, however, that a Student member shall have full voting rights as a member of an ASSOCIATION committee or as a delegate of the Student American Pharmaceutical Association in the ASSOCIATION House of Delegates. Section 5. Honorary Membership. Any individual may be granted Honorary membership by the Board of Trustees. An Honorary member shall have no voting rights and may not hold office in this ASSOCIATION or any of its subdivisions unless entitled to do so under another class of membership. Section 6. Admission to Membership. Any
American Pharmacy VoI.NS19. No.4, Apr.1979/196
II~ III 52 53 54
55 56 57
58 59 60 61 26 63
64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80
81 82 83 84
85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102
individual shall be admitted to membership in the appropriate class of membership upon completion of administrative processing of any required application accompanied by required dues, provided, however, that the Board of Trustees may deny any individual membership for cause, meaning conduct tending to damage the public reputation of this ASSOCIATION. No individual whose membership in this ASSOCIATION has been terminated as a result of Judicial Board action may reapply for membership until one (1) year from the date of such termination; the application shall require specific approval of the Board of Trustees. Section 7. Membership Benefits and Services. Membership benefits and services for each class of membership shall be those established from time to time by the Board of Trustees. The Board of Trustees may add, delete, or adjust membership benefits and services as it deems necessary or desirable in furtherance of ASSOCIATION purposes. No addition, deletion, or adjustment of membership benefits or services shall require any adjustment of dues for the membership period during which the addition, deletion, or adjustment of membership benefits or services occurs. Section 8. Termination of Membership. Any member may voluntarily terminate membership by written notice to this ASSOCIATION. Termination of membership shall be effective upon completion of administrative processing of such notice. No such voluntary termination of membership shall be effective to avoid any debt to this ASSOCIATION or to avoid any pending disciplinary proceeding. This ASSOCIATION may terminate the membership of any member for failure to pay required dues or as the result of disciplinary action by the Judicial Board. Such termination of membership shall be effective at the convenience of this ASSOCIATION. Termination of membership shall terminate the right of any member to all membership benefits and services. Section 9. Dues. Each member shall pay such dues as may be required from time to time by the Board of Trustees for each class of membership. The Board of Trustees may establish from time to time such administrative policies and procedures as it deems necessary or desirable to facilitate the payment and receipt of required dues. The Board of Trustees may also establish from time to time special dues within established classes of membership.
5 6 7 8 9 10 11
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48
49 50 51 52 53 54
55 56 57
Article IV. Officers 1 2 3 4
Section 1. Officers. The officers of this ASSOCIATION shall be the President, Chairman of the Board of Trustees, and Treasurer. Section 2. President. The President shall be the
58 59
60 61 62
:til
chief executive officer and shall serve as a Trustee [II of this ASSOCIATION. The President shall be li~1 responsible to the Board of Trustees in the exerIII cise of assigned duties and authority for executive II and administrative decisions or actions with regard to the continuing management of ASSOCIA-, it' TION affairs. The President shall serve as SecreIii,' tary of the American Pharmaceutical Association,t,l! a nonprofit corporation, and as Secretary of the il'l,,': House of Delegates, the Board of Trustees, and.! tl" the Judicial Board. The President shall be an Active member ap[Ii, pointed by the Board of Trustees and employed by II:: this ASSOCIATION on such terms and conditions 1'1, as are approved by the Board of Trustees, provided, ' I ' however, that the President shall serve for a term of 'Ii three (3) years, which term shall be renewable. A ! vacancy in the office of President shall be filled by 'I I; an Active member appointed by the Board of , Trustees. I S(!ction 3. Chairman of the Board of Trustees. II The Chairman of the Board of Trustees shall be the principal elected officer and shall serve as a Trustee of this ASSOCIATION. The Chairman of i the Board of Trustees shall preside at meetings of ; this ASSOCIATION and shall appoint, with the approval of the Board of Trustees, all ASSOCIATION standing and special committees other than ASSOCIATION Policy Committees and ASSOCIATION Reference Committees. The Chairman " of the Board of Trustees shall perform such other I' duties as may be assigned from time to time by the ;1 I' Board of Trustees, but shall have no individual P, duties or authority for executive or administrative i ' decisions or actions with regard to the continuing i management of ASSOCIATION affairs. The Chairman of the Board of Trustees shall be elected as provided for in the Article on elections in these Bylaws and shall serve for a term of one il: (1) calendar year following election and until a suc- I ' cess or has been duly elected and installed. No individual shall serve more than two (2) successive terms as Chairman of the Board of Trustees. A vacancy in the office of Chairman of the Board of Trustees shall be filled by a Chairman of the Board of Trustees, pro tern, appointed by the Board of Trustees. A Chairman of the Board of Trustees, pro tern, shall serve until a successor Chairman of the Board of Trustees shall be elected and installed for a regular term as provided for in the Article on elections in these Bylaws. Section 4. Treasurer. The Treasurer shall be responsible to the Board of Trustees for supervision of ASSOCIATION financial affairs and shall serve as a Trustee of this ASSOCIATION. The Treasurer shall approve all disbursements in excess of " an amount specified from time to time by the i i I Board of Trustees. The Treasurer shall make an I'~ !
:,1,",:1
I
L-_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _...L_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _--J!!,'"
American Pharmacy VoI.NS19, No.4, Apr.1979/197
-
III'
29'
i'I,J
63 64 65
66 67 68 69 70 71 72 73
annual financial report to the membership which includes an audited financial statement for the preceding fiscal year and which reflects the current financial condition of this ASSOCIATION. The Treasurer shall be an Active member appointed by the Board of Trustees and shall serve for a term of three (3) years, which term shall be renewable. A vacancy in the office of Treasurer shall be filled by an Active member appointed by the Board of Trustees.
Article V. 1 2 3 4 5 6 7
8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23
24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43
Board of Trustees
Section 1. Composition. Nine (9) Elected Trustees, the Officers, and the Speaker of the House of Delegates of this ASSOCIATION shall constitute the Board of Trustees. Section 2. Duties and Authority. The Board of Trustees shall be responsible for the general supervision and management of ASSOCIATION affairs, including, but not limited to, the specific duties and authority stated in these Bylaws. It shall have, in addition to the specific duties and authority stated in these Bylaws, such duties and authority which from time to time are imposed on or recognized by law as being applicable to nonprofit corporations. It shall adopt bylaws and rules or procedures for the conduct of its business. It shall act with regard to matters of ASSOCIATION policy for the House of Delegates in the interim between House of Delegates meetings and shall make an annual report to the membership regarding the programs and activities of this ASSOCIATION. Section 3. Election of Trustees. Elected Trustees shall be elected as provided for in the Article on elections in these Bylaws. Section 4. Term of Office. Elected Trustees shall be elected for a term of three (3) years and shall serve until their successors have been duly elected and installed. No individual shall serve more than two (2) successive terms as an Elected Trustee. Section 5. Vacancies. A vacancy among Elected Trustees shall be filled by an Active member selected by the Board of Trustees to serve the remainder of the unexpired term. A vacancy among Officer Trustees shall be filled as provided for in the Article on Officers in these Bylaws. Section 6. Meetings. The Board of Trustees shall meet at the call of the Chairman of the Board of Trustees or on the call of a quorum of the Board of Trustees. The time and place of Board of Trustees meetings shall be established by the Chairman of the Board of Trustees. Section 7. Quorum. Eight (8) Trustees shall constitute a quorum for the transaction of business.
Article VI. 1 2 3 4 5 6 7 8 9
10 11 12 13 14 15 16 17 18 19 20 21 22 23
24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49
so 51 52
53 54
55 56
57
House of Delegates
Section 1. Composition. The House of Delegates shall consist of delegates from States, ASSOCIATION subdivisions, Affiliated Organizations, Recognized Organizations, and Delegates Ex Officio. Each delegate and Delegate Ex Officio must be an Active or Student member of this ASSOCIATION and must be certified as a delegate by the President or Executive Officer of the appointing organization. Section 2. Apportionment of Delegates. A. States: each shall have two (2) delegates, plus one (1) delegate for each two hundred (200) Active members of this ASSOCIATION, or major fraction thereof, resident in the state. State Recognized Organizations will appoint two (2) delegates, and the Speaker of the House of Delegates will appoint the remainder of the delegates to which the state is entitled. State Affiliated Organizations will appoint two (2) delegates, plus one (1) delegate for each two hundred (200) Active members of the ASSOCIATION, or major fraction thereof, who are members of the State Affiliated Organization, and the Speaker of the House of Delegates will appoint the remainder of the delegates to which the state is entitled. B. ASSOCIA nON subdivisions: each shall have fifteen (15) delegates. C. National Affiliated Organizations: each shall have fifteen (15) delegates. D. National Recognized Organizations: each shall have two (2) delegates. E. Delegates Ex Officio: shall be each Trustee, ASSOCIATION Past-Presidents, Past Chairmen of the Board of Trustees, and Past Speakers of the House of Delegates. Section 3. Executive Officers. The Executive Officer of any ASSOCIATION subdivision or any Affiliated or Recognized Organization, who is not a delegate, shall have the privilege of the floor and may address the House of Delegates, but shall have no vote. Section 4. Duties and Authority. The House of Delegates shall serve as a legislative body in the development of ASSOCIATION policy. It shall act on such policy recommendations as shall come before it and shall adopt bylaws and rules or procedures for the conduct of its business. Section 5. Appointment of Delegates. Appointing organizations shall notify the Secretary of the House of Delegates no later than sixty (60) days before the regular meeting of the House of Delegates of the name and address of each of its delegates. All delegates other than Delegates Ex Officio shall serve until their successors have been appointed. Delegates Ex Officio shall serve for life or, in the case of Trustees serving as Delegates Ex Officio, until their successors have been duly ap-
30 American Pharmacy VoI.NS19, No.4, Apr.1979/198
58 59 60 61 62
63 64 65 66 67 68 69 70 71 72 73
74 75 76 77 78 79 80
81 82
83 84
85 86 87 88 89 90 91 92 93 94 95
pointed or elected and installed. Section 6. Officers. The Officers of the House of Delegates shall be a Speaker, Vice Speaker, and Secretary. The Speaker, or Vice Speaker in the absence of the Speaker, shall appoint delegates and Committees as provided in these Bylaws, shall preside at meetings of the House of Delegates, and shall be responsible for a report of the actions of the House of Delegates to the members of this ASSOCIATION. The Secretary of the House of Delegates shall be responsible for the administrative functions. The Speaker and Vice Speaker shall be elected during the Annual Meeting by the House of Delegates from a slate of two (2) candidates for each office nominated by the Committee on Nominations. They shall serve until the end of the next Annual Meeting following election and until their successors are duly elected and installed. The President shall serve as the Secretary of the House of Delegates. Section 7. Meetings. The House of Delegates shall hold a regular meeting during the Annual Meeting of this ASSOCIATION, this regular meeting to consist of such sessions and to have an order of business as specified in the official program of the Annual Meeting. The House of Delegates may hold special meetings at the call of the Speaker with the approval of the Board of Trustees, or upon written petition of a majority of authorized delegates. The time and place of special meetings of the House of Delegates shall be established by the Speaker with the approval of the Board of Trustees. Section 8. Quorum. A majority of the delegates registered at any regular or special meeting of the House of Delegates shall constitute a quorum for the transaction of business.
Article VII. 1 2 3 4
5 6 7
8 9 10 11 12 13
14 15 16 17
Committees
Section 1. Standing Committees. The ASSOCIATION shall have the following standing committees and such other standing committees as the Board of Trustees may establish from time to time: Policy Committee on Educational Affairs Policy Committee on Public Affairs Policy Committee on Professional Affairs Policy Committee on Scientific Affairs Reference Committee on Educational Affairs Reference Committee on Public Affairs Reference Committee on Professional Affairs Reference Committee on Scientific Affairs Committee on Nominations Committee of Canvassers Standing committees which are Policy Committees and Reference Committees shall be appointed
American Pharmacy VoI.NS19, No, 4, Apr.1979/199
18 19 20 21 22 23
24 25 26
27 28
29 30
31 32
33 34
35 36 37
38 39 40 41 42 43
44 45
46 47 48
49 50 51 52
53 54
55 56 57 58 59 60 61 62
63 64
by the Speaker of the House of Delegates, and all other standing committees shall be appointed by the Chairman of the Board of Trustees. Policy Committees and Reference Committees shall have such number of members as the Board of Trustees may establish from time to time and shall consider subjects only on agendas approved by the Board of Trustees. A Policy Committee may also review existing ASSOCIATION policy within its jurisdiction and may recommend to the Board of Trustees that particular policies be considered for amendment or rescission. The time and place of Policy Committee meetings shall be established by the Speaker of the House of Delegates with the approval of the Board of Trustees. The Committee on Nominations shall nominate all candidates for Chairman of the Board of Trustees, Elected Trustee, Speaker of the House of Delegates, and Vice Speaker of the House of Delegates, as provided for in the Article on elections in these Bylaws. The Committee on Canvassers shall certify the results of all ASSOCIATION elections as provided for in the Article on elections in these Bylaws. Section 2. Special Committees. The Chairman I of the Board of Trustees may appoint such Special,) Committees as may be deemed necessary or desirable with the approval of the Board of Trustees. Special Committees shall have such number of I members and such duties and authority as the Board of Trustees may establish from time to time. The time and place of Special Committee meetings shall be established by the Chairman of the Board of Trustees. Members of Special Committees shall serve until submission of the special committee final report or until discharged by the Chairman of the Board of Trustees. Section 3. Quorum. A majority of the members of any committee shall constitute a quorum for the transaction of business. Section 4. Committee Voting Other Than at a Meeting. Any question which might be decided by vote taken at any committee meeting may be decided by vote taken by mail, telegraphic, or telephone ballot. '
Article VIII. Subdivisions 1 2 3 4
5
Section 1. Subdivisions. This ASSOCIATION shall have the following subdivisions and such other subdivisions as the Board of Trustees may establish from time to time: Academy of Pharmacy Practice
31
6 7 8 9 10 11 12
13 14 15 16 17 18 19 20 21 22 23 24 25
Academy of Pharmaceutical Sciences Student American Pharmaceutical Association Each subdivision shall conduct such programs as it may establish from time to time for the benefit of its members, the profession, or the public. Each subdivision shall adopt such bylaws and rules or procedures as it deems necessary or desirable to facilitate its business. Subdivision programs, bylaws, rules, and procedures are subject to the approval of the Board of Trustees. Each subdivision may establish particular qualifications for membership in the subdivision and may provide for subdivision dues in its bylaws with the approval of the Board of Trustees. Each subdivision shall meet during the Annual Meeting of this ASSOCIATION and at such other times as may be determined by its governing body. Educational programs presented at subdivision meetings shall be open to any member of this ASSOCIATION.
Article IX. Judicial Board 1 2
3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19
20 21
22 23 24 25 26 27 28 29 30 31 32 33
34 35
Section 1. Composition. A Judicial Board shall consist of five (5) Active members each of whom shall not have been the subject of disciplinary proceedings. ASSOCIATION Officers and Trustees shall not serve on a Judicial Board. Section 2. Appointment. A Judicial Board shall be appointed and convened by the Chairman of the Board of Trustees as required on an ad hoc basis. Section 3. Term of Office. A member of a Judicial Board shall serve until final disposition of the matter(s) for which the Judicial Board was convened or until discharged by the Chairman of the Board of Trustees. Section 4. Vacancies. A vacancy on a Judicial Board shall be filled by an Active member selected by the Chairman of the Board of Trustees to fill the remainder of the unexpired term. Section S. Duties and Authority. A Judicial Board shall be responsible for hearing and deciding any complaint of unprofessional conduct made against any member which may come before it and may render upon request or on its own motion advisory opinions relating to interpretation of the ASSOCIATION Code of Ethics. The Board of Trustees shall establish Judicial Board rules and procedures and shall provide interested parties information as to the procedures observed in Judicial Board disciplinary proceedings. The Board of ~rustees shall make an annual report of any Judiclal Board activities. ~ection 6. Unprofessional Conduct. Unprofesslonal conduct shall include: A. <;onduct of a member, acting alone or in concert with any other person, group, or organization
_I11III1_ 32
which violates the principles embodied in the Code of Ethics. B. Conduct of a member, acting alone or in concert with any other person, group, or organization which a duly constituted judicial or disciplinary body of federal or state government has determined to be a violation of a law, rule, or regulation 43 within its jurisdiction. 44 Section 7. Sanctions. A member found by a Ju45 dicial Board to have engaged in unprofessional 46 conduct may be reprimanded or suspended or ex47 pelled from membership in this ASSOCIATION. 48 Sanctions imposed by a Judicial Board shall not 49 become effective until expiration of the time for 50 appeal provided in these Bylaws or, in the case of 51 an appeal, until a decision is rendered by the Board 52 of Trustees. 53 No member shall be subject to sanctions unless 54 informed of the complaint and granted an oppor55 tunity to be heard before a Judicial Board. No 56 member shall be subject to sanctions for unprofes57 sional conduct which is alleged to h;we occurred 58 more than three (3) years before a complaint is 59 filed with this ASSOCIATION. 60 Section 8. Appeals. A member upon whom a 61 sanction is imposed may appeal the decision of a 62 Judicial Board to the Board of Trustees by serving 63 written notice of appeal on this ASSOCIATION 64 within sixty (60) days after the Judicial Board 65 renders its decision. The notice of appeal shall 66 state the objections on which it is based. The ap67 peal may be limited to review of the sanction im68 posed. 69 The Board of Trustees shall review without a 70 hearing the record of a Judicial Board proceeding 71 and may affirm, reverse or modify the decision of 72 the Judicial Board. The decision of the Board of 73 Trustees shall be final and binding on all interested 74 parties. 1------------------------1 36 37 38 39 40 41 42
Article X. 1 2 3 4 5 6 7 8 9
10 11 12
13 14 15 16
Meetings
Section 1. Annual Meeting. This ASSOCIATION shall hold an Annual Meeting each calendar year at a time and place established by the Board of Trustees. The Annual Meeting shall consist of such sessions and shall have an order of business as specified in the official program for the Annual Meeting. Section 2. Special Meetings. The ASSOCIATION may hold special meetings at the call of the Chairman of the Board of Trustees with the approval of the Board of Trustees. The time and place of special meetings shall be established by the Chairman of the Board of Trustees. The order of business for a special meeting shall be as specified in the call, notice or agenda of the special meeting.
American Pharmacy Vol.NS19, No.4, Apr.1979i200
J
Article XI. Elections 1
2 3 4 5 6 7 8 9
10 11 12 13 14 15 16 17 18 19 20 21 22 23
24 25 26 27 28
29 30
31 32
33 34
35 36 37
38 39
40 41 42 43 44 45 46
47 48
49
Section 1. Nomination. Except as may otherwise be provided in these Bylaws, candidates for election as ASSOCIATION officers, Elected Trustees and House of Delegates officers shall be nom inated by the Committee on Nominations from among Active members. A slate of two (2) candidates shall be nominated for each position for which an election is to be held other than Honorary Chairman of the Board of Trustees. Section 2. Election Procedure. Except as may otherwise be provided in these Bylaws, the names of candidates for election and a mail ballot shall be provided all members entitled to vote. Ballots may be in whatever form is deemed to facilitate the election procedure including ballots which can be tallied by automatic data processing methods. Executed ballots must be received by this ASSOCIATION by the date printed on the ballot to be included in· the vote tally. The committee of Canvassers shall meet following a tally of timely, valid ballots and shall review the election procedure for compliance with these Bylaws. It shall certify to the Board of Trustees the results of the election for each position. The names of candidates elected shall be made public following certification of the election by the Committee of Canvassers. Once certified, the results of any election shall not be subject to challenge. Section 3. Time of Election. Except as may otherwise be provided in these Bylaws, the ASSOCIATION nomination and election process shall be conducted pursuant to a schedule established by the President with the approval of the Board of Trustees, which will permit candidates elected to assume office as provided in these Bylaws. Section 4. Installation. Except as may otherwise be provided in these Bylaws, officers and Elected Trustees shall assume office on January 1 of the year following the year in which they are elected without the necessity of any formal installation procedure or ceremony. Section 5. Honorary Chairman of the Board of Trustees. When nominated by the Board of Trustees, an Honorary Chairman of the Board of Trustees of this ASSOCIATION shall be elected pursuant to the election procedures established in these Bylaws. The Honorary Chairman of the Board of Trustees shall serve for the calendar year next following election.
Article XII. finances 1 2
3 4 5
Section 1. Financial and Investment Policy. The financial and investment policy of this ASSOCIATION shall be as established from time to time by the Board of Trustees with the advice of the Treasurer, President, and such other financial ad-
American Pharmacy VoI.NS19. No.4. Apr.1979/201
6 7 8 9
10 11 12 13 14 15 16 17 18 19 20 21
22 23
24 25 26 27 28
29 30
31 32
33 34
35 36 37
38 39
40 41
visors as the Board of Trustees may deem neces- . sary or desirable. Investments shall not be restricted to those approved by law by the District of Columbia or any other jurisdiction. Section 2. Financial Administration. The President, with the approval of the Treasurer, shall be responsible for the continuing management of the financial affairs of this ASSOCIATION. The Board of Trustees shall approve any bank intended to serve as a repository of ASSOCIATION assets and a public accounting firm which shall be retained to conduct an annual audit of ASSOCIATION accounts. All disbursements of ASSOCIATION and subdivision funds shall be approved by the Treasurer and the President, or by the President alone, pursuant to such policies and procedures as may be established from time to time by the Board of Trustees. Section 3. Bonds. The Treasurer, the President, and such other members, employees, or agents of this ASSOCIATION as the Board of Trustees may direct, shall be bonded for proper care and disposition of ASSOCIATION property in their possession or custody. Such bonds shall be in amounts and subject to such conditions as the Board of Trustees shall direct. The expense of such bonds shall be borne by the ASSOCIATION. Section 4. Financial Report. The Treasurer shall make an annual financial report to the membership which includes an audited financial statement for the preceding fiscal year and which reflects the current financial condition of the ASSOCIATION. Section 5. Fiscal Year. The fiscal year of the ASSOCIA TION shall be the calendar year.
I--------,----------------~'_l
Article XIII. Recognized and Affiliated Organizations 1 2 3 4
5 6
7 8 9
10 11 12 13
Section 1. Recognized Organizations. Any orga' nization of pharmacists, the purposes of which are consistent with the purposes of this ASSOCIA- ,. TION, may be designated a Recognized OrganizaI tion by the Board of Trustees. Status as a Rec- I , ognized Organization may be terminated by the ", Board of Trustees. 'i Section 2. Affiliated Organizations. A Recog- . nized Organization may be designated as an Affil- . i iated Organization by the Board of Trustees. The :.1 ASSOCIATION and the Affiliated Organization shall execute an agreement which sets forth the terms and conditions of their affiliation.
r--------------~-------~
Article XIV. Parliamentary Authority and Precedence 1
Section 1. Parliamentary Authority.
-
,!
:
I,': t' ~ :
The rules ' i
331
2
3 4 5 6 7 8 9 10 II
12 13 14 15 16
contained in the current edition of Robert's Rules of Order shall govern this ASSOCIATION and its subdivisions in all cases to which they are applicable. The President may retain the services of a qualified parliamentarian for any meeting when such services are deemed necessary or desirable and shall do so for all deliberative meetings of the House of Delegates. Section 2. Precedence. In any case of conflict between these Bylaws and any other bylaws, parliamentary authority, or rules or procedures of any subdivision, these Bylaws shall prevail. All such apparent conflicts shall be resolved by the Board of Trustees whose decision shall be binding on all interested parties.
Article XV. Amendments 1 2 3
4 5 6 7
8 9 10 11 12
Section 1. Bylaws. Every proposed amendment of these Bylaws, with the approval of counsel and the Board of Trustees, shall be submitted with a mail ballot to all members entitled to vote. Ballots may be in whatever form is deemed to facilitate the voting procedure, including ballots which can be tallied by automatic data processing methods. Executed ballots must be received by this ASSOCIA TION by the date printed on the ballot to be included in the vote tally. A proposed amendment of these Bylaws shall become effective upon receiving a three-fourths (%) vote certified by the
13 14 15 16 17 18 19 20 21 22 23
24 25 26
27 28 29
30
Committee of Canvassers to the Board of Trustees. Once certified, the results of any vote on a proposed Bylaw amendment shall not be subject to challenge. Section 2. Code of Ethics. Every proposed amendment of the Code of Ethics, with the approval of counsel and the Board of Trustees, shall be submitted with a mail ballot to all members entitled to vote. Ballots may be in whatever form is deemed to facilitate the voting procedure, including ballots which can be tallied by automatic data processing methods. Executed ballots must be received by this ASSOCIATION by the date printed on the ballot to be included in the vote tally. A proposed amendment of the Code of Ethics shall become effective upon receiving a threefourths (%) vote certified by the Committee of Canvassers to the Board of Trustees.
Article XVI. 1 2 3 4 5 6 7 8
Notice
Section 1. Previous Notice. Any previous notice required to be provided any member of this ASSOCIATION or any subdivision may be given by printing the notice in a publication regularly provided the member entitled to notice or by mailing the notice to each member entitled to notice at the member's mailing address then indicated in the membership records of this ASSOCIATION. 0
Report of the APhA Committee on Constitution and Bylaws The APhA Committee on Constitution and Bylaws con- 1979 issue of American Pharmacy, that the proposed Bylaw sisting of the undersigned met on March 8, 1979, in revision satisfies the stated criteria. Washington, DC, to consider a proposed revision of the The APhA Committee on Constitution and Bylaws APhA Constitution and Bylaws, pursuant to Chapter VI, recommends approval of the proposed Bylaw revision. Article LB.4 of the Association Bylaws. It is the Committee's duty to determine that recommended changes are George H. Schneller, Chairman appropriate, that they are consistent with the objectives Rinaldo A. Brusadin of the Association, and that they conform to the policies George D. Denmark adopted by the House of Delegates and the Board of Joseph E. McSoley Trustees. The Committee is satisfied from its review of William R. Whitten the proposed Bylaw revision and accompanying explanatory material, both of which will be published in the April 790308
----------34
~
American Pharmacy VoI.NS19, No.4, Apr.1979/202