| Article I
NAME
Section 1.1. Name. The name
of this section of The Florida Bar is the "Health Law Section" (the "section").
Article II
PURPOSES
Section 2.1. Purposes. The purposes
of the section are to provide:
2.1.1. An organization within The
Florida Bar (the "bar") open to members thereof in good standing who have
an interest in health law;
2.1.2. An organization within The Florida
Bar open, on a limited basis, to individuals practicing a profession related
to health care who have an interest in health law; and
2.1.3. A forum for communication and
education leading to the improvement and development of the field of health
law, and to serve the public generally, as well as the bar, in interpreting
and carrying out the professional needs and objectives in this area of
law.
Article III
MEMBERSHIP
Section 3.1. Eligibility. Any
member of the bar, in good standing and interested in the purposes of this
section, is eligible for section membership upon application and payment
of the section’s annual dues. Any member who ceases to be a member in good
standing of the bar may no longer be a member of the section, unless they
qualify as an affiliate member as set forth in Section 3.4.
Section 3.2. Administrative Year.
The section’s administrative year will run concurrently with the fiscal
year of the bar (currently July 1st through June 30th).
Section 3.3. Annual Dues. The
annual dues of the section shall be determined by the executive council
and approved by the Board of Governors of The Florida Bar. After an applicant
has become a member, dues shall be payable in advance of each membership
year and shall be billed by the bar at the time that regular dues of the
bar are billed. Any member whose dues are in arrears for a period of 3
calendar months after the first calendar month of any membership year will
not be afforded member rights or privileges for such time that the member’s
dues remain in arrears.
Section 3.4. Affiliate Membership.
The executive council may enroll, upon request and upon payment of
the pre- scribed dues, as affiliate members of the section, other persons
who can show a dual capacity of interest in and contribution to the section’s
activities as defined hereinbelow. The purpose of affiliate membership
is to foster the development and communication of multi-disciplinary information
utilized in health law, but not to encourage the unlicensed practice of
law. The number of affiliate members shall not exceed one-third of the
section membership. An affiliate member is a member of this section only.
3.4.1. "Affiliate" or " Affiliate
Member" means any person who practices a profession dealing with health
care including but not limited to physicians, nurses, administrators, allied
health practitioners, risk managers, students of any of the foregoing professions,
accountants, students currently enrolled in an accredited school of law,
law school graduates, in-house corporate counsel not admitted to The Florida
Bar, paralegals, legal administrators or other persons who hold positions
directly related to the health care industry and its involvement in health
law.
3.4.2. Affiliates shall have all the
privileges accorded to members of the section except that affiliates shall
not be entitled to vote, to hold office, or to participate in the election
of officers or members of the executive council or to advertise affiliate
membership in any way. Affiliates may serve in an advisory, non-voting
capacity, which the executive council may from time to time establish in
its discretion.
3.4.3. Affiliate members shall pay
dues determined as set forth in these bylaws.
3.4.4. The section shall reimburse
the bar for expenses incurred by the bar in administering this section’s
affiliate membership.
Article IV
EXECUTIVE COUNCIL
Section 4.1. Governing Body.
There shall be an executive council, which shall be the governing body
of this section. The executive council shall have general supervision and
control of the affairs of the section, subject to the provisions of the
Rules Regulating The Florida Bar and the bylaws of the section, and shall
serve as the long range planning committee of the section. It shall, pursuant
to this right, authorize all commitments or contracts that entail the payment
of money and authorize the expenditure of all section funds. It shall not,
however, authorize commitments, contracts or expenditures involving amounts
of money in excess of the total amount that is anticipated as receipts
from dues during the fiscal year plus the amount that has been previously
collected from dues and remains unexpended. The executive council shall
be vested with power and authority to formulate, fix, determine and adopt
matters of policy concerning the affairs and purposes of the section.
Section 4.2. Section Recommendations.
All recommendations of the section to The Florida Bar and/or its board
of governors, any branch of the judiciary or to any other group or body
to which recommendations by the section are authorized to be made must
have the prior approval of the executive council. Any recommendation made
to other than the Board of Governors of The Florida Bar shall have the
prior approval of the bar.
Section 4.3. Membership. The
executive council shall be comprised of 12 elected members of the section
in addition to the chair, chair-elect, immediate past chair, secretary
and treasurer (collectively, the "ex-officio members") of the section.
In the event any ex-officio member is concurrently an elected member of
the executive council, said ex-officio member shall neither be required
to relinquish the member’s elected seat nor be counted twice as a member
of the executive council, it being the specific intent of this section
that the total composition of the executive council be not less than 12
members nor more than 17 members.
Section 4.4. Term of Office.
For the first year of elections after the adoption of these bylaws, 4 elected
members receiving the highest number of votes shall serve a 3-year term
and 2 elected members receiving the next highest number of votes shall
serve a 1-year term thereafter. All elected members of the executive council
shall serve for a term of 3 years, the terms being staggered such that
approximately one-third of the elected membership of the executive council
is elected each year. The terms commence at the conclusion of the annual
meeting of the section at which the member is elected and shall end at
the conclusion of the annual meeting of the section 3 years thereafter.
Section 4.5. Election. The nomination
and election of members of the executive council shall occur at the time
of the annual meeting of the section, as more fully set forth in Article
VII.
Section 4.6. Meetings. The execu-
tive council shall conduct its business at regular and special meetings
as provided for in Article IV; provided, however, the business of the executive
council between regular or special meetings may be conducted by correspondence,
telephone, facsimile, or other electronic means to the extent authorized
by the chair. In the absence of action by the executive council as permitted
herein, the executive committee as defined in Section 9.1.1., shall be
responsible for the daily operations of the section and all action taken
by the executive committee pursuant to this right shall be subject to ratification
by the executive council at its next regular or special meeting.
Section 4.7. Vacancy. If at
any time during a term of office of an elected member of the executive
council such seat shall become permanently vacant by reason of death, resignation,
ineligibility or other reason, such seat on the executive council shall
be filled for the balance of its term by a majority vote of the members
of the executive council present at the next scheduled meeting of the executive
council.
Section 4.8. Meeting Absences.
In the event any elected member of the executive council is absent from
2 or more meetings during the section’s administrative year without obtaining
the prior excusal by the chair, such member’s office shall be declared
vacant by the executive council and such vacancy shall be filled as provided
in Section 4.7.
Article V
OFFICERS
Section 5.1. Officers. The officers
of this section shall be a chair, a chairelect, a secretary and a treasurer.
Section 5.2. Duties of Officers.
The duties of the officers shall be as follows:
5.2.1. Chair. The chair shall
preside at all meetings of the section, the executive council and the executive
committee. The chair shall appoint, upon the advice and consent of the
executive council, and unless otherwise specified elsewhere in these bylaws,
all committee chairs, and shall prepare all reports to be submitted to
The Florida Bar or to its board of governors and shall perform such other
duties as customarily pertaining to the office of the chair. The chair
shall be an ex-officio member, with vote, of each committee of the section.
5.2.2. Chair-elect. The chair-elect
shall become chair in the event of the death, resignation or failure of
the chair to serve for whatever reason; provided, however, that in case
of the temporary disability or absence of the chair, the chair-elect shall
serve as acting chair only for the duration of the chair’s disability or
absence. The chair-elect shall be responsible for the public relations
activities of the section, including liaison with the public relations
committee of the bar, and for such duties as the chair may designate. The
chair-elect shall be an ex-officio member, with vote, of each committee
of the section.
5.2.3. Secretary. The secretary
shall be responsible for all permanent files and records of the section,
including the minutes of the section, of the executive council, and of
all committees. The secretary shall furnish copies of said minutes to the
executive director of The Florida Bar and to the section administrator.
5.2.4. Treasurer. The treasurer
shall have the responsibility of accounting for all funds of the section,
shall approve all disbursements, and shall prepare annual financial statements
under the supervision of the executive council.
Section 5.3. Term of Office.
The term of office for each officer shall be for 1 year, commencing at
the conclusion of the annual meeting of the section at which the officer
was elected, and concluding at the end of the next succeeding annual meeting,
except that the chair-elect shall then automatically ascend to the office
of the chair.
Section 5.4. Election. The nomination
and election of officers shall occur at the time of the annual meeting
of the section, as more fully set forth in Article VII.
Section 5.5. Vacancy. Any vacancy
in the office of the secretary or treasurer by reason of death, resignation,
ineligibility, or other reason shall be filled by the executive council
for the balance of the term at its next regular or special meeting. Any
vacancy in the office of chair-elect due to either the death, resignation
or ineligibility of the chair-elect, or the chair-elect’s elevation to
the office of the chair, shall not be filled and shall remain vacant until
the next annual meeting at which officers are elected.
Article VI
MEETINGS
Section 6.1. Section Meetings.
6.1.1. Annual Meeting. The
annual meeting of the section shall be at the time of and in conjunction
with the annual meeting of The Florida Bar.
6.1.2. Special Meetings. Special
meetings of the entire section membership may be called by the executive
council, provided not less than 30 days’ prior written notice thereof shall
be given to each member of the section as to the time, date, location and
purpose of the meeting, with notice being deemed to have been given on
the day mailed or on the date of publication in The Florida Bar News.
6.1.3. Quorum. The members of
the section, other than affiliate members, attending any regular or special
meeting of the section, shall constitute a quorum for the transaction of
business at said meeting and a majority vote of those present shall be
deemed the action of the section.
Section 6.2. Executive Council Meetings.
6.2.1. Regular Meetings. There
shall be not less than 3 regular meetings of the executive council annually,
1 of which shall be held in conjunction with the annual meeting of the
section, and 1 of which shall be held in conjunction with the midyear meeting
of The Florida Bar.
6.2.2. Special Meetings. Special
meetings of the executive council may be called by the chair of the section,
and shall be scheduled when requested by a majority of the membership of
the executive council, upon giving not less than 3 days’ prior written
notice to the executive council membership to said effect, with notice
being deemed to have been given on the day mailed or sent by facsimile
transmission.
6.2.3. Quorum. A majority of
the executive council membership shall constitute a quorum, and the majority
vote of those present shall be binding and be deemed the action of the
executive council, except as set forth in Section 8.3. hereinafter, as
regards the section’s adoption of a legislative policy which greater quorum
shall be required.
6.2.4. Manner of Action. In
lieu of an actual meeting, the executive council may act or transact authorized
business at a duly called regular or special meeting by either written
or facsimile approval of a majority of the executive council membership;
or by telephonic or other electronic communication and approval by a majority
of the executive council membership, which approval is subsequently confirmed
in writing.
Section 6.3. Agendas.
6.3.1. Regular Meetings. At
all regular meetings of the section and the executive council, the chair
shall prepare and distribute an agenda as to the conduct of the meeting.
The section and the executive council shall consider, respectively, all
such matters that may properly be brought before it.
6.3.2. Special Meetings. At
all special meetings of the section and the executive council, the call
of the meeting shall prescribe the purpose and nature of the business to
be transacted at the special meeting, and no business shall be conducted
at a special meeting of either the section or the executive council other
than as is designated in the call or notice of the respective meeting.
|
Article VII
NOMINATION AND ELECTION OF OFFICERS
AND EXECU-TIVE COUNCIL MEMBERS
Section 7.1. Nominations. Not
less than 90 days prior to the date of the annual meeting of the section,
the nominating committee, comprised as set forth in Section 9.1.4., shall
submit its nominations consisting of at least 1 name for each office available,
to the chair for the following offices:
7.1.1. chair, but only if for any
reason, the office of chair-elect is vacant;
7.1.2. chair-elect;
7.1.3. secretary;
7.1.4. treasurer;
7.1.5. Such number of seats on the
executive council as whose members terms are expiring. The nominating committee
shall take into consideration the geographic distribution of the executive
council membership and proposed nominees, it being the specific policy
of the section that the membership of the executive council be geographically
balanced.
Section 7.2. Nominating Committee Report.
The nominating committee shall submit its report to the section chair,
who shall cause such report to be published in The Florida Bar News or
in the section newsletter, or otherwise publish the nominating committee
report to the section membership at least 60 days prior to the date of
the annual meeting.
Section 7.3. Substituted or Additional
Nominations. If, after submission of the nominating committee report
to the chair and prior to the annual meeting of either the section and/or
the executive council, any person nominated to office shall die or otherwise
become unable or unwilling to serve; or any new office shall be created;
then the nominating committee shall, within 30 days of notice of such event
to the chair of the nominating committee, make such substituted or additional
nominations as are appropriate. If practicable, notice of such additional
nominations shall be published to section members before the annual meeting;
otherwise such nominations shall be announced to the section at the annual
meeting.
Section 7.4. Other Nominations.
Other nominations may be made by petition signed by at least 15 voting
members of the section and filed with the chair, not later than 30 days
prior to the date of the annual meeting. If there are any substituted or
additional nominations made pursuant to Section 7.3., a petition nominating
a person for such position may be filed in the herein manner anytime prior
to the annual meeting. If practicable, any such nominations shall be announced
to the section promptly upon receipt; otherwise such nominations shall
be announced to the section at the annual meeting.
Section 7.5. Executive Council Membership
Elections. Election of the executive council membership shall occur
at the annual meeting of the section and shall be by written ballot of
all section membership in attendance and eligible to vote. The candidate
receiving the highest number of votes for each contested seat shall be
deemed elected. Any ballot on which more than one vote is cast for the
same contested seat shall be void.
Section 7.6. Officer Elections.
Election of officers shall be by the members of the executive council,
at the executive council meeting held in conjunction with the annual meeting
of the section. Voting shall be written ballot, with the candidate receiving
the highest number of votes for each office being deemed elected. Any ballot
on which more than one vote is cast for the same office shall be void.
Article VIII
LEGISLATIVE POLICY
Section 8.1. General Purpose.
The section is authorized to become involved in legislative (or judicial
or administrative) action that is significant to the judiciary, the administration
of justice, the fundamental legal rights of the public, or the interests
of the section consistent with the policies outlined hereinbelow.
Section 8.2. Legislative Position.
Any legislative, judicial or administrative position of the section (hereinafter
referred to as "legislative position") is to be adopted in accordance with
the herein Article VIII. These positions will be clearly identified at
all times before legislative bodies and members as positions of the section
only, unless otherwise authorized by the Board of Governors of The Florida
Bar.
Section 8.3. Adoption of Legislative
Position. The executive council, by a two-thirds vote of the membership
at a meeting at which a quorum is present, must find that the proposed
legislative position is within the scope of the purposes for which positions
may be taken, and must also approve the substance of the position proposed
by a two-thirds vote. No legislative position may be taken which is contrary
to the legislative policies of the Board of Governors of The Florida Bar.
Once adopted, the section’s secretary shall immediately notify the executive
director of The Florida Bar, in writing, of the section’s adoption of the
legislative position. The legislative position of the section may not be
advanced until the Board of Governors of The Florida Bar, at its next regularly
scheduled meeting after notification to the executive director of The Florida
Bar, has reviewed the position of the section and has not disapproved same.
When time constraints require prompt action, the executive committee of
The Florida Bar may act in lieu of the board of governors. In an emergency,
the president of The Florida Bar may act consistent with applicable bar
policy. If not disapproved by The Florida Bar, a legislative position of
the section shall remain for the full biennial session during which the
board of governors acted on the position, unless otherwise reversed or
rescinded by them or by a two-thirds vote of the executive council of the
section.
Section 8.4. Legislative Committee
Authority. At any time that the executive council of the section cannot
meet to adopt a legislative position prior to the time when legislative
(or judicial administrative) action is requested by the section chair,
the executive committee of the section has the authority to adopt a position
of the section with respect to pending legislation. Any position thus taken
must be reported to The Florida Bar in conjunction with its review of the
section’s request. Such action shall also be reported to the executive
council at its next scheduled meeting and may be approved or rescinded
in accordance with the provisions of Section 8.3. herein.
Article IX
COMMITTEES
Section 9.1. Standing Committees.
The following shall be the standing committees of the section with
their attendant duties and responsibilities:
9.1.1. Executive Committee.
The executive committee shall be comprised of the chair, chair-elect, secretary,
treasurer and immediate past chair of the section. The executive committee
shall be responsible for the daily operations of the section between the
regular or special meetings of the executive council and shall conduct
its business from time to time by correspondence, meetings facsimile, telephone
or other electronic means, to the extent authorized by the section chair.
All actions of the executive committee taken on behalf of the executive
council shall be subject to ratification by the executive council at its
next regular or special meeting. The executive committee shall also serve
as the budget committee, and shall prepare proposed budgets and amendments,
if any, for submission to the executive council for approval.
9.1.2. Nominating Committee.
The nominating committee shall be comprised of 5 members of the section,
3 of whom shall be appointed by the chair-elect and 2 of whom shall be
appointed by the chair. No more than 2 members of this committee shall
be members on the executive council. Committee composition shall be appointed
not less than 6 months prior to the section’s annual meeting and, when
so appointed, the chair shall promptly announce the names and mailing addresses
of the nominating committee members by publication to section membership
in either The Florida Bar News or the section newsletter. The nominating
committee shall be responsible for submitting nominations for officers
and executive council membership seats as more fully set forth in Article
VII.
9.1.3. Legislative Committee.
The legislative committee shall be comprised of 6 members, to be appointed
and to serve such terms as follows: For the first year after adoption of
these bylaws, 3 members shall be appointed by the chair to serve 1-year
terms, and 3 members shall be appointed by the chair-elect to serve 2-year
terms. Thereafter, on an annual basis, the chair-elect shall appoint 3
members to serve 2-year terms. The legislative committee shall from time
to time make recommendations to the executive council regarding requests
for the section to adopt a legislative position, which position shall be
taken in accordance with the requirements adopted by the Board of Governors
of The Florida Bar and in accordance with the legislative policy adopted
by this section as set forth in Article VIII.
9.1.4. Education Committee.
The education committee shall be responsible, through its various divisions:
for procuring articles for publication in The Florida Bar Journal; for
procuring articles and new development updates for publishing and disseminating
in a section newsletter; for organizing, presenting and sponsoring continuing
legal education programs; and for communicating issues of interest in health
law — all as set forth in the policies of the committee as they shall be
promulgated by the executive council from time to time.
9.1.5. Section Administration Committee.
The section administration committee shall provide, through its various
divisions, services to the section membership including: compilation and
publication of the section directory; organizing the mid-year and annual
meetings of the section, including coordination of social activities; encouraging
membership growth and activity; and periodic review of section bylaws —
all as set forth in the policies of the committee as they shall be promulgated
by the executive council from time to time.
9.1.6. Substantive Law Committee.
The substantive law committee shall be comprised of such divisions as the
executive council, from time to time, shall deem necessary to meet and
serve the substantive legal areas of interest of the section membership.
The divisions shall have such responsibilities as shall be set forth in
the policies of the committee as they shall be promulgated by the executive
council.
Section 9.2. Special Committees.
The chair of the section may appoint any special committees deemed necessary
with the concurrence of the executive council.
Section 9.3. Committee Composition.
The chair of each standing and special committee, except the executive
committee shall be appointed by the chair of the section, upon the concurrence
of the executive council. There shall be vice-chairs of the legislative
and section administration committees, who shall be appointed by the chair-elect
of the section. The membership of each standing and special committee,
except the executive committee, the nominating committee and the legislative
committee, shall be appointed by the chair of the section and there shall
be at least 1 member of the executive council serving as a liaison to each
standing and special committee. In May of each year, the chair-elect shall
make known the chair-elect’s selection of committee chairs for the coming
section and administrative year, which appointments shall be approved and
office taken at the conclusion of the next annual meeting of the section.
Section 9.4. Committee Meetings.
Committee meetings may be called, as necessary, by the chair of the section
or the committee chair. Committee meetings may be held in person, by telephonic
conference, by facsimile or other electronic means or by unanimous written
waiver and consent of the committee membership.
Section 9.5. Quorum. A majority
of the members of any committee shall constitute a quorum for the transaction
of business of the committee, and the majority vote of those present shall
be deemed the action of the committee.
Article X
MISCELLANEOUS
Section 10.1. Action of The Florida
Bar. No action of the section shall be represented or construed as
the action of the bar until the same has been approved by the Board of
Governors of The Florida Bar.
Section 10.2. Financial Obligations.
Before payment, all financial obligations must be approved in the manner
specified by the executive council.
Section 10.3. Compensation and Expenses.
No salary or other compensation shall be paid to any member of the section
for performance of services for the section, but the chair may authorize
the payment of reasonable out-of-pocket expenses resulting from performance
of such services, consistent with the section’s policies.
Section 10.4. Amendments. These
bylaws may be amended only by the Board of Governors of The Florida Bar,
upon recommendation made by the executive council of the section.
Section 10.5. Compliance with Policies
of The Florida Bar. No action of the section shall be contrary to the
policies of The Florida Bar as such policy is established by its board
of governors.
Section 10.5. Effective Date.
These bylaws are effective as of March 21, 1997. |
