Bylaws of the Psychiatric Medical Association of New Mexico, a District Branch of the American Psychiatric Association
April 2008
TABLE OF CONTENTS
CHAPTER ONE: NAME, PURPOSES, LEGAL IDENTITY
Section 1.1 Name
Section 1.2 Purposes and Objectives
Section 1.3 Legal Identity
Section 1.4 Dissolution
Section 1.5 Territorial Jurisdiction
CHAPTER TWO: MEMBERS
Section 2.1 Membership
Section 2.2 Qualifications
Section 2.3 Categories of PMANM membership
Section 2.4 Voting
Section 2.5 Election to Membership
Section 2.6 Transfer and Advancement
Section 2.7 Application of Fellows and Nomination of Distinguished Fellows
Section 2.8 Dues
Section 2.9 Inactive Status and Dues Waiver
Section 2.10 Dismissals and Resignations
CHAPTER THREE: EXECUTIVE COUNCIL
Section 3.1 Number
Section 3.2 Nomination and Election Procedures
Section 3.3 Quorum; Action
Section 3.4 Meetings
Section 3.5 Functions
Section 3.6 Attendance at Council Meetings
CHAPTER FOUR: OFFICERS AND OTHER COUNCIL MEMBERS
Section 4.1 Officers Designated
Section 4.2 President
Section 4.3 President-Elect
Section 4.4 Secretary
Section 4.5 Treasurer
Section 4.6 Past Presidents
Section 4.7 Representatives to Assembly
Section 4.8 Councilors
Section 4.9 Resident Representatives
Section 4.10 Assumption of Office, Continuation in Office
Section 4.11 Recall
Section 4.12 Vacancies
CHAPTER FIVE: REPRESENTATIVES
CHAPTER SIX: COMMTITEES AND OTHER ORGANIZATIONAL ENTITIES
CHAPTER SEVEN: ETHICS COMPLAINTS AND DISCIPLINARY PROCEDURES
Section 7.1 Code of Ethics
Section 7.2 Ethics Complaints
CHAPTER EIGHT: CHAPTERS
Section 8.1 Creating a Chapter
Section 8.2 Additional Chapters
Section 8.3 Membership
Section 8.4 Officers
Section 8.5 Committees
Section 8.6 Meetings
CHAPTER NINE: AMENDMENTS OF THE BYLAWS
Section 9.1 Initiation of Amendments
Section 9.2 Approval of Amendments
CHAPTER ONE: NAME, PURPOSES, LEGAL IDENTITY
Section 1.1 Name
The name of this organization shall be the Psychiatric Medical Association of New Mexico (herein after referred to as “PMANM”). PMANM is a District Branch of the American Psychiatric Association, (herein after referred to as “APA”).
Section 1.2 Purposes and Objectives
The purposes for which PMANM is organized are: a) to promote the common professional interests of its members; b) to improve the treatment, rehabilitation, and care of the mentally ill, the mentally retarded, and the emotionally disturbed; c) to advance the standards of all psychiatric services and facilities; d) to promote research, professional education in psychiatry and allied fields, and the prevention of psychiatric dis abilities; e) to foster the cooperation of all who are concerned with the medical, psychological, social, and legal aspects of mental health and illness; f) to make psychiatric knowledge available to practitioners of medicine, to scientists, and to the public; g) to promote the best interests of patients and those actually or potentially making use of mental health services; and h) to advocate for its members.
Section 1.3 Legal Identity
PMANM is organized exclusively as a professional organization not organized for profit, within the meaning of Section 501(c)(6) of the Internal Revenue Code of 1986, as amended. No part of the net earnings of APA shall inure to the benefit of, or be distributable to, its members, trustees, officers or other private persons, except that APA shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth herein.
Section 1.4 Dissolution
In the event of dilution, all assets of PMANM shall be forthwith distributed to APA solely for scientific and educational purposes.
Section 1.5 Territorial Jurisdiction
For the objectives stated above, the territorial jurisdiction of the PMANM shall be de limited by the boundaries of the state of New Mexico.
CHAPTER TWO: MEMBERS
Section 2.1 Membership
Requirements for membership in PMANM shall be the same as those for APA at the time of application.
Section 2.2 Qualifications
Any physician who is eligible for the categories of membership below shall be eligible for membership.
Section 2.3 Categories of PMANM membership
There shall be the following categories of members who are to qualify according to the standards and procedures of APA as set forth in Chapter 2.1 of the APA Bylaws. They are: a) Members-in-Training; b) Associate Members; c) General Members; d) Fellows; e) Distinguished Fellows; t) Life Members; g) Life Fellows; h) Life Associate Members; i) Distinguished Life Fellows; j) Inactive Members; and k) Inactive Fellows. (Some categories of APA membership are not required to join a district branch [Medical Student Members, Honorary Fellows] or are outside the jurisdiction of a district branch [International Members and International Fellows]).
Section 2.4 Voting
The right to vote shall be the same as in APA Bylaws. Members with voting rights are Members-in-Training, General Members, Fellows, Distinguished Fellows, Life Members, Life Fellows, and Distinguished Life Fellows. All other categories of membership are non-voting. Each voting member shall have one vote.
Section 2.5 Election to Membership
Election to membership in PMANM shall be as follows:
- Applications for membership in PMANM shall be made in accordance with procedures established from time to time by APA Board of Trustees through its Membership Committee.
- Membership actions will become effective in accordance with APA and PMANM policies.
- The Secretary of the Executive Council shall be responsible for reviewing the applications of new members and transferees to PMANM from other District Branches. The Secretary shall then report his/her findings to the other members of the Executive Council by electronic mail or at a regularly scheduled meeting. The Executive Council will then vote for or against approval of the proposed member either by electronic mail, tele phone, fax, or by voice vote at a regularly scheduled meeting.
- Categories of membership and qualifications thereof in PMANM shall be consistent with those of APA.
Section 2.6 Transfer and Advancement
Procedures for transfer of membership between District Branches and for advancement of membership shall be established by APA. In the event of such a transfer or advancement being denied, any appeal shall be conducted in accordance with procedures to be established from time to time by APA.
Section 2.7 Application of Fellows and Nomination of Distinguished Fellows
Application of General Members for fellowship status is primarily the responsibility of APA. Nomination of General Members or Fellows for distinguished fellowship status is primarily the responsibility of PMANM. Election of Fellows and Distinguished Fellows is by the Board of Trustees of APA upon recommendation of APA Membership Committee.
Section 2.8 Dues
Every Life Member, Life Fellow, Life Associate, Distinguished Life Fellow, Fellow, Distinguished Fellow, General Member, Associate Member, and Member-in-Training shall pay both dues and assessments as determined by APA and PMANM.
Section 2.9 Inactive Status and Dues Waiver
Members of any category may be placed in inactive status by the Board of APA and excused from paying dues in both APA and PMANM. Inactive members shall not receive credit toward the number of years of active membership required for Life status for those years of inactive status. Active members may be granted waiver of dues by the Board of APA and by PMANM for sufficient reason, and such members shall receive credit toward the number of years of active membership required for Life status for those years the members are in the dues waiver status.
Section 2.10 Dismissals and Resignations
- Any dues-paying member of APA and/or PMANM who fails to pay all dues and assessments may forfeit his or her memberships.
- Any member found by the Executive Council, after due hearing to which he or she has been invited, to be unsuitable for continued membership in PMANM for adequate reason, shall be notified in writing of the proposed action of dismissal. After thirty days’ notice, the member may be dismissed by the affirmative closed ballot vote of three-fourths of the voting members present at a closed meeting of the Executive Council, a quorum being present. A member dismissed from the Branch may appeal to APA as de scribed in its Operations Manual.
CHAPTER THREE: EXECUTIVE COUNCIL
Section 3.1 Number
The voting members of the Executive Council (herein after “Council of PMANM shall consist of the officers (President, President-Elect, Secretary, Treasurer), the three immediate Past Presidents, Representative and Deputy Representative to the Assembly of the APA, a Legislative Representative, three other members duly elected as Councilors, and two Resident Representatives. Chapter Presidents (or their designates) shall also become members of Council. Up to two additional members may be appointed to the Council by the President for limited terms. These appointees may be either voting or non-voting members of the Council, and their appointment must be approved by the Council.
Section 3.2 Nomination and Election Procedures
Only voting members of PMANM shall be eligible for nomination and election to office. All officers shall be elected in the following manner:
- A Nominations and Elections Committee, composed of at least three (3) members shall be established. The members of the Nominations and Elections Committee will be: the President-Elect of PMANM (who will serve as the Committee Chairperson); the third Past President of PMANM; and a member appointed by the Executive Council.
- The Nominations and Elections Committee will present its recommendations for candidates to fill any open office or position on the Executive Council of PMANM at its April meeting.
- Any voting member of PMANM may, on his or her own initiative, make a nomination for any office or open position on the Council by direct communication (letter, fax, electronic mail, phone call) which reaches the President or the chairman of the Nominations and Elections Committee at least one week prior to the April meeting of the Executive Council.
- Nominees for office must have verified to the nominating member that they are willing to serve if elected. The nominee, upon approval by the Executive Council, will become a candidate for office.
- At the April Council meeting, the President will accept further nominations from the members present at the meeting. After nominations are closed, the President will call for the Council to approve the slate of candidates for office. Once approved by the Council, ballots with the names of all nominees and the offices to which they seek election will be distributed to the members of PMANM. When there is a contested office, members will vote for one candidate. If an elective office is uncontested, members will vote to approve or to oppose the selection of the candidate. The ballots may be either mail or electronic, and will contain the date for closure of voting.
- Election will be effected in the following manner: all ballots received by the Tellers Committee by the specified date for closure of voting will be tabulated. An announcement of the results will be made at the Annual meeting of PMANM, or at any other time in a manner to be determined by the Council. The candidate for office receiving the greatest number of votes shall be declared elected. If a candidate who is running for an uncontested position is opposed by the members, that office will be filled in accordance with the procedures in Section 4.12 Vacancies.
Section 3.3 Quorum; Action
A majority of the voting members of the Council shall constitute a quorum of the Council. Twenty per cent (20%) of active members of the District Branch shall constitute a quorum of PMANM. Unless otherwise provided in these Bylaws, the action of a majority of the voting members present at any meeting (Council meeting or PMANM meeting) at which there is a quorum shall be an action of PMANM. Action may also be taken by a majority of a quorum of the voting members of the Executive Council by electronic mail, electronic or telephonic conferences, telephone or fax when an action has been requested in this manner by an officer of the Council in or der to promote expeditious handling of pressing business.
Section 3.4 Meetings
Meetings of the Council of the Psychiatric Medical Association of New Mexico shall be held every two months unless otherwise determined by the Council. The annual business meeting shall be held at such time as the President and the Council may designate. Special meetings may be called by the President or upon petition signed by twenty (20) active members of PMANM, or by petition of 1/3 of the Council’s voting members. Members shall be notified of meetings by the Secretary or the Secretary’s designate not less than one week before the meeting. The forum for a meeting shall not be limited to a gathering of the Council members in a single room. Additional acceptable forums for meetings are: telephonic conference calls, electronic discussion rooms, electronic mail or other methods of communication which the Council may from time to time approve. The proceedings of the PMANM shall be governed by The Standard Code of Parliamentary Procedure by Alice Sturgis (current edition).
Section 3.5 Functions
The primary function of the Council shall be to formulate and implement the policies of PMANM. In addition, the Council shall exercise all powers of PMANM that are not otherwise assigned. The Council’s responsibilities shall include:
- Interpreting the By-laws
- Presenting an annual report on the finances of PMANM to the business session of the Annual Meeting
- Establishing dues and assessments for the several categories of member ship
- Controlling the funds of PMANM and designating its depositories
- Authorizing expenditures from the funds of PMANM to implement its goals and purposes
- Administering special funds, grants, and awards
- Publishing PMANM Newsletter and maintaining PMANM web site
- Acting upon matters referred from the Assembly
- Providing for the production of other publications useful in carrying out the aims of PMANM
- If appropriate, appointing an Executive Secretary to assist in carrying out the purposes and resolves of PMANM
- Appointing and employing professional auditors and other agents to assist in carrying out the purposes and resolves of PMANM when required by law or otherwise dictated by the needs of the organization
- Preparing informational materials as necessary to guide the implementation of the purposes and resolves of PMANM.
- Appointing, dissolving or modifying any committees not specifically re quired in the Bylaws or by another appointed organizational entity.
- Performing all other acts consistent with the Bylaws that may be needed to carry out the purposes and resolves of PMANM.
Section 3.6 Attendance at Council Meetings
If a Council member fails to attend three consecutive meetings or two-thirds (2/3) of the Council meetings in any calendar year, that member may lose his/her position on the Council. A replacement may be appointed pursuant to the provisions of Chapter Four to fill the vacated position.
CHAPTER FOUR: OFFICERS
Section 4.1 Officers Designated
The officers of PMANM shall include a President, a President-Elect, a Secretary, a Treasurer and such other officers and assistant officers as the Council may from time to time determine. No two offices may be held by the same person.
Section 4.2 President
The President shall be the chief executive officer of PMANM. The President shall preside at all meetings of the membership and of the Council and shall otherwise per form such duties as are customary for presiding officers.
Section 4.3 President-Elect
The President-Elect, in the absence of the President, shall perform the duties of the President. The President-Elect shall assume the office of President as of the last day of the APA annual meeting on or about one year following his/her election as President-Elect. The President-Elect shall assist the President by acting as overall coordinator of all committee functions.
Section 4.4 Secretary
The Secretary or his/her designate shall keep a record of the proceedings of all meetings of PMANM and of the Council; keep a list of all members; issue notices of all meetings; notify officers and members of committees of their election or appointment; and certify all official records including minutes of Executive Council meetings. The Secretary will make reports and recommendations to the Council regarding applications for membership.
Section 4.5 Treasurer
The Treasurer or agents authorized by the Council to act for the Treasurer (PMANM Staff, other Council members) shall have charge of all funds; collect all dues; pay all expenses of PMANM; make an annual report to PMANM on the official transactions of income and expenditures of PMANM at a specified meeting; and sign all checks of the PMANM. The Treasurer will chair the PMANM Budget Committee which will consist of the Treasurer and two active members of PMANM appointed by the President.
Section 4.6 Past Presidents
A first, second and third Past President shall be members of the Council. These former Presidents will be available to lend support and counsel to the officers and other members of the Council. They may also serve on or chair standing or ad hoc commit tees of the Council or serve the Council in other capacity as the needs of the organization may dictate.
Section 4.7 Representatives to Assembly
The Representative to the Assembly of the APA or his/her Deputy shall represent PMANM in the Assembly and/or its subgroups, at appropriate meetings of the APA, and report back to PMANM. The Representative and Deputy Representative may also serve on or chair standing or ad hoc committees of the Council. The Representative and Deputy Representative shall be nominated by the Nominations and Elections Committee, elected by the membership, and shall serve for a term of three ·(3) years
or until a successor is elected. The President, with the approval of the Council, may from time to time appoint an Acting Representative or Deputy Representative for the sake of representation of PMANM at a National Meeting. Such Acting Representative or Deputy Representative may be an Officer or other member of the Council.
Section 4.8 Councilors
There shall be three Councilors on the Council who will serve as “at-large” representatives of the PMANM membership. Each councilor will serve a three year elected term. One Councilor will be elected each year and one will retire each year. A Councilor may succeed him/herself on the Council through the usual elective process. The Councilors will represent the views of their fellow members as well as their own views at Council meetings, and will generally assist the President and other officers of the Council in carrying about the business of the Council. The Councilors may serve on or chair standing or ad hoc committees of the Council.
Section 4.9 Resident Representatives
There shall be two Resident Representatives to the Council. Resident Representatives will be active Members-in-Training of APA who have achieved the status of PGY2 in the residency training program in Psychiatry at the University of New Mexico. Resident Representatives may serve from one to three years. When possible, the two representatives will be of different years in their training. The Resident Representatives shall coordinate activities involving Member-in-Training issues. Both of the Resident Representatives are also eligible to serve on Council committees if they so choose. The selection of the Resident Representatives will be made by the Council in collabo ration with the Resident trainees in the Depar1ment of Psychiatry at the University of New Mexico.
Section 4.10 Assumption of Office, Continuation in Office
All officers shall assume their respective offices at the close of business on the last day of the Annual Meeting of APA, or as soon as the election results have been certified by the Tellers Committee, whichever comes later. Council officers shall continue in office for one year, or until their successors are duly elected and assume office. Officers may serve consecutive terms in the same office by following the Nomination and Election Procedures stipulated in Section 3.2. The Past Presidents serve on the Council for three years after their term as President has ended. Representatives to the Assembly shall continue in office as noted in Section 4.7; the Councilors as in Section 4.8; the Resident Representatives as in Section 4.9.
Section 4.11 Recall
An action for recall of an officer or any member of the Council of PMANM may be initiated by a petition signed by twenty percent (20%) of the voting members of PMANM or by a majority of the voting members of the Council. The petitioners shall set forth the reasons for initiating the petition and this shall be forwarded to the Secretary with a copy to the officer in question. A mail or an electronic ballot shall then be sent to the general voting membership of PMANM to be returned no later than thirty (30) days upon its issuance. Recall shall be effected if two thirds of the voting membership indicate that they support the recall.
Section 4.12 Vacancies
Vacancies among the officers shall be filled as follows:
a. President: If the office of President becomes vacant, the President-Elect will become Acting President for the remainder of the year and then will begin his/her term as President.
b. President-Elect: If the position of President-Elect becomes vacant, the President will request the Nominations and Election Committee to meet at an early date for the purpose of selecting one or more candidates for President-Elect As soon as practical, at a regular or special meeting of the Council, the candidates for President-Elect will be approved. If there is more than one candidate for the office, election shall be made by a vote of the membership of PMANM. The person so chosen will serve as President-Elect until the end of the year, when he/she will become President. If there is only one candidate for the office, then the name of the candidate will be distributed on a ballot to the members of PMANM for them to approve or to oppose his/her election to the office.
c. Representative to the Assembly: If the position of Representative to the Assembly becomes vacant, the Deputy Representative will assume the du ties of the office until the next election of officers and council members, when a new Representative to the Assembly shall be selected.
d. Other Vacancies: In the event any other office becomes vacant before expiration of a term, the Council shall elect a member to serve for the remainder of the term.
CHAPTER FIVE: REPRESENTATIVES
PMANM shall be represented at the meetings of the Assembly of District Branches of the APA and at meetings of the Area Council of District Branches by a Representative and a Deputy Representative. Such Representatives shall be elected in a manner similar to that of the Officers of PMANM and shall serve for a term of three years or until a successor is elected. When appropriate, such Representatives shall be in structed by Council and/or PMANM as to its concerns on various matters to be brought before the Area Council and the Assembly. Representatives shall submit re ports to PMANM on the activities of the Area Council and the Assembly. In no event may a member hold the office of Representative or Deputy Representative for more than two full consecutive terms (six years).
CHAPTER SIX: COMMITTEES AND OTHER ORGANIZATIONAL ENTITIES
There shall be the following standing committees: Nominations and Elections, and Budget. The functions and procedures of such standing committees shall be established from time to time by the Council. A Tellers Committee consisting of three (3) members in good standing of the APA shall be appointed annually by the President to certify election results. The Council, upon recommendation of the President, shall establish or eliminate such other ad hoc committees and organizational entities as may be necessary to implement the objectives of PMANM (e.g., Bylaws, Continuing Medical Education, Ethics and Reference Committees). The Council, shall designate the chairperson and members of each standing committee and each ad hoc committee or organizational entity from among the voting members of PMANM or other appropriate individuals.
CHAPTER SEVEN: ETHICS COMPLAINTS AND DISCIPLINARY PROCEDURES
Section 7.1 Code of Ethics
All members of PMANM shall be bound by the ethical code of the medical profession, specifically defined in the Principles of Medical Ethics of the American Medical Association and in the Principles of Medical Ethics With Annotations Especially Applicable to Psychiatry of the APA.
Section 7.2 Ethics Complaints
Complaints charging members of PMANM with unethical behavior or practices shall be investigated, processed, and resolved in accordance with procedures approved by the Assembly and the Board of Trustees of APA. The name of a member who resigns during an ethics investigation will be reported to the membership of APA and PMANM.
CHAPTER EIGHT: CHAPTERS
Section 8.1 Creating a Chapter
When a group of not less than ten members residing in a contiguous geographical locality within the State of New Mexico desires to create a Chapter of the Psychiatric Medical Association of New Mexico District Branch, they will proceed in the following manner:
- They will submit to the Secretary of PMANM a petition personally ap proved by signed statement of the proposed Charter Members signifying their intention to conduct their chapter organization and business in accordance with the Bylaws of PMANM and proposing the designation by which it would be known and requesting a specific geographic jurisdiction.
- The Council will consider the application and make a report and recommendation to the membership of PMANM at a regular or special meeting.
- If approved by a majority vote of the members present and voting, the Chapter will be created, subject to the provisions of Section 2 of this Article. At the time when Chapters are first formed, a smaller group may petition for Chapter status and be approved by the Council on grounds of distance from the center of other Chapter groups.
Section 8.2 Additional Chapters
Following the approval of the first Chapter, the rest of the state may thereafter be organized into one or more Chapters in accordance with the procedure above.
Section 8.3 Membership
Classification of membership and qualification for membership shall be the same as for PMANM and APA. Application for membership in PMANM from within the territorial jurisdiction of a Chapter shall be made in accordance with procedures established from time to time by the APA Board of Trustees through its Membership Committee. Members of Chapters and members of District Branches must be members of APA. Members in PMANM residing or practicing within the political boundaries of the State of New Mexico, but outside the territorial jurisdiction of any approved District Branch Chapter, may choose the Chapter to which they wish to be long until such time as a new Chapter may be formed to include their place of residence or practice.
Section 8.4 Officers
The Officers of the Chapter will consist of a President, President-Elect, Secretary, Treasurer, and three Councilors, one of whom shall be, after the first year, the immediate Past-President. The President of the Chapter, or his or her designate, shall be a member of the Council of PMANM. Chapter Officers shall be elected at an annual meeting to take place prior to the Annual Meeting of APA, and will assume their new responsibilities each year at the close of business of that Annual Meeting in the same manner as the officers of PMANM.
Section 8.5 Committees
Chapters may form such committees as desired by the officers and the members. Chapters shall have equal representation on all PMANM committees insofar as possible, the members of which shall be chosen by PMANM President or Council from nominees including those submitted by th Chapter.
Section 8.6 Meetings
All meetings of each Chapter shall be open to attendance by any member of PMANM. Each Chapter shall have sufficient meetings to conduct necessary business and to further the goals of the Chapter and PMANM.
CHAPTER NINE: AMENDMENTS OF THE BYLAWS
Section 9.1 Initiation of Amendments
Amendments of the Bylaws may be initiated by a majority vote or members present at a business meeting of P a quorum being present. The Council will, at its next regular meeting, make a recommendation about the proposed amendment. Council may also originate amendments by three-fourths vote of its members, a quorum being present.
Section 9.2 Approval of Amendments
After initiation of an amendment and recommendation on the amendment by the Council, Secretary will send ballots to all members. Ballots may be sent by mail, by fax or electronically. The ballot will include the full text of the proposed amendment and the recommendation about it made by the Council. It will also state the date specified by the Council on which the ballots are to be counted.
An amendment will become effective if approved by a majority of the ballots returned by the voting members by the specified tabulation date. An amendment may alternatively be approved by a two-thirds vote of the members present at a business meeting of the Psychiatric Medical Association of New Mexico.