ada_bylaws by welcomegong

VIEWS: 9 PAGES: 81

									American Dental Association


Constitution
and
Bylaws

Revised to
January 1, 2011
                                         Contents
Constitution of American Dental Association ............................................ 3
      Amendments, Article VIII ............................................................... 5
      Annual Session, Article VI .............................................................. 4
      Government, Article IV ................................................................... 4
      Name, Article I ................................................................................ 3
      Object, Article II .............................................................................. 3
      Officers, Article V ........................................................................... 4
      Organization, Article III .................................................................. 3
      Principles of Ethics and Code of Professional
        Conduct, Article VII ...................................................................... 4
Bylaws of American Dental Association ................................................... 6
      Alliance of the American Dental Association,
        Chapter XVIII .............................................................................. 77
      Amendments, Chapter XXI ........................................................... 78
      American Dental Association Foundation,
        Chapter XIII................................................................................. 69
      Appointive Officer, Chapter IX ..................................................... 49
      Board of Trustees, Chapter VII ..................................................... 37
      Commissions, Chapter XIV ........................................................... 69
      Component Societies, Chapter III ................................................. 22
      Conflict of Interest, Chapter VI ..................................................... 36
      Constituent Societies, Chapter II ................................................... 18
      Construction, Chapter XX ............................................................. 78
      Councils, Chapter X ...................................................................... 50
      Elective Officers, Chapter VIII ..................................................... 45
      Finances, Chapter XVII ................................................................. 76
      House of Delegates, Chapter V ..................................................... 26
      Indemnification, Chapter XIX ....................................................... 78
      Membership, Chapter I .................................................................... 6
      Principles of Ethics and Code of Professional Conduct and
        Judicial Procedure, Chapter XII ………………….……… ……64
      Publications, Chapter XVI............................................................. 75
      Scientific Session, Chapter XV ..................................................... 75
      Special Committees, Chapter XI ................................................... 63
      Trustee Districts, Chapter IV ......................................................... 24

Articles of Incorporation of American Dental Association……..……….80
                      Constitution

         • • • • • • • • • • • • • • • • • • • • • • • • • •




         ARTICLE I • NAME

    1     The name of this organization shall be the American
    2     Dental Association, hereinafter referred to as “the
    3     Association” or “this Association.”

         ARTICLE II • OBJECT

    4    The object of this Association shall be to encourage
    5    the improvement of the health of the public and to
    6    promote the art and science of dentistry.

         ARTICLE III • ORGANIZATION

     7   Section 10. INCORPORATION: This Association is
     8   a non-profit corporation organized under the laws of
     9   the State of Illinois. If this corporation shall be
    10   dissolved at any time, no part of its funds or property
    11   shall be distributed to, or among, its members but,
    12   after payment of all indebtedness of the corporation,
    13   its surplus funds and properties shall be used for
    14   dental education and dental research in such manner
    15   as the then governing body of the Association may
    16   determine.
    17   Section 20. HEADQUARTERS OFFICE: The
    18   registered office of this Association shall be known
    19   as the Headquarters Office and shall be located in the
    20   City      of     Chicago,    County      of     Cook,
    21   State of Illinois.
    22   Section 30. BRANCH OFFICES: Branch offices of
    23   this Association may be established in any city of the
    24   United States by a majority vote of the House of
    25   Delegates.
    26   Section 40. MEMBERSHIP: The membership of this
    27   Association shall consist of dentists and other
    28   persons whose qualifications and classifications shall
    29   be as established in Chapter I of the Bylaws.
    30   Section    50.    CONSTITUENT         SOCIETIES:
    31   Constituent societies of this Association shall be



6                          Constitution
                             Bylaws                                3
    32   those dental societies or dental associations chartered
    33   in     conformity       with      Chapter      II    of
    34   the Bylaws.
    35   Section 60. COMPONENT SOCIETIES: Component
    36   societies of this Association shall be those dental
    37   societies or dental associations organized in
    38   conformity with Chapter III of the Bylaws of this
    39   Association and in conformity with the bylaws of
    40   their respective constituent societies.
    41   Section 70. TRUSTEE DISTRICTS: The constituent
    42   societies of the Association and the federal dental
    43   services shall be grouped into seventeen (17) trustee
    44   districts.

         ARTICLE IV • GOVERNMENT

    45   Section 10. LEGISLATIVE BODY: The legislative
    46   and governing body of this Association shall be a
    47   House of Delegates which may be referred to as “the
    48   House” or “this House.”
    49   Section 20. ADMINISTRATIVE BODY: The
    50   administrative body of this Association shall be a
    51   Board of Trustees, which may be referred to as “the
    52   Board” or “this Board.”

         ARTICLE V • OFFICERS

    53   Section 10. ELECTIVE OFFICERS: The elective
    54   officers of this Association shall be a President, a
    55   President-elect, a First Vice President, a Second Vice
    56   President, a Treasurer and a Speaker of the House of
    57   Delegates, each of whom shall be elected by the
    58   House of Delegates.
    59   Section 20. APPOINTIVE OFFICER: The
    60   appointive officer of this Association shall be an
    61   Executive Director who shall be appointed by the
    62   Board of Trustees.

         ARTICLE VI • ANNUAL SESSION

    63   The annual session of this Association shall be
    64   conducted in accordance with Chapters V and XV of
    65   the Bylaws.

         ARTICLE VII • PRINCIPLES OF ETHICS AND
         CODE OF PROFESSIONAL CONDUCT

    66   The Principles of Ethics and Code of Professional
    67   Conduct of this Association and the codes of ethics
    68   of the constituent and component societies which are
    69   not in conflict with the Principles of Ethics and Code


4                                 Constitution
         7                     Bylaws
70   of Professional Conduct of this Association, shall
71   govern the professional conduct of all members.

     ARTICLE VIII • AMENDMENTS

72   This Constitution may be amended by a two-thirds
73   (2/3) affirmative vote of the delegates present and
74   voting, provided that the proposed amendments have
75   been presented in writing at any previous session of
76   the House of Delegates.
77     This Constitution may also be amended at any
78   session of the House of Delegates by a unanimous
79   vote, provided the proposed amendments have been
80   presented in writing at a previous meeting of such
81   session.




                           Constitution                     5
                         Bylaws                        8
                           Bylaws

      • • • • • • • • • • • • • • • • • • • • • • • • • •




                   CHAPTER I • MEMBERSHIP

82    Section 10. CLASSIFICATION: The members of this
83    Association shall be classified as follows:
84        Active Members
85        Life Members
86        Retired Members
87        Nonpracticing Dentist Members
88        Student Members
89        Honorary Members
90        Provisional Members
91        Associate Members
92        Affiliate Members
93    Section 20. QUALIFICATIONS, PRIVILEGES,
94    DUES AND SPECIAL ASSESSMENTS:
 95   A. ACTIVE MEMBER.
 96    a. QUALIFICATIONS. An active member shall be a
 97    dentist who is licensed to practice dentistry (or
 98    medicine provided the physician has a D.D.S. or
 99    D.M.D. or equivalent dental degree) in a state or
100    other jurisdiction of the United States and shall be a
101    member in good standing of this Association as that
102    is defined in these Bylaws. In addition, a dentist
103    shall be a member in good standing of this
104    Association’s constituent and component societies,
105    unless:
106    (1) the dentist is in the exclusive employ of, or is
107    serving on active duty in, one of the federal dental
108    services. A dentist is considered to be in the
109    exclusive employ of one of the federal dental
110    services when the dentist is under contract to
111    provide dental services to the beneficiaries of the
112    federal agency on a full-time basis and does not
113    engage in private practice within the jurisdiction of a
114    constituent or component society;
115    (2) the dentist is practicing in a country other than
116    the United States and consequently is ineligible for
117    membership in a constituent or component society;
118    or
119    (3) the dentist is working as a dental school faculty
120    member, dental administrator or consultant within
121    the       territorial      jurisdiction      of       a




      6                     Bylaws
                CHAPTER I • MEMBERSHIP



122   constituent society and is ineligible for active
123   membership in the constituent or component society
124   because the dentist is not licensed in the territorial
125   jurisdiction of that constituent.
126   Explanatory Notes: The term “other jurisdiction of
127   the United States” as used in this Constitution and
128   Bylaws shall mean the District of Columbia, the
129   Commonwealth of Puerto Rico, the Commonwealth
130   of the Northern Mariana Islands and the territories
131   of the United States Virgin Islands, Guam and
132   American Samoa.
133   The term “federal dental services” as used in this
134   Constitution and Bylaws shall mean the dental
135   departments of the Air Force, the Army, the Navy,
136   the Public Health Service, the department of
137   Veterans Affairs and other federal agencies.
138   The term “direct member” as used in this
139   Constitution and Bylaws shall mean a member in
140   good standing who pursuant to Chapter I of these
141   Bylaws does not hold membership in any constituent
142   society of this Association.
143   b. PRIVILEGES.
144   (1) An active member in good standing shall receive
145   annually a membership card and The Journal of the
146   American Dental Association, the subscription price
147   of which shall be included in the annual dues. An
148   active member shall be entitled to attend any
149   scientific session of this Association and receive
150   such other services as are provided by the
151   Association.
152   (2) An active member in good standing shall be
153   eligible for election as a delegate or alternate
154   delegate to the House of Delegates and for election
155   or appointment to any office or agency of this
156   Association, except as otherwise provided in these
157   Bylaws.
158   (3) An active member under a disciplinary sentence
159   of suspension shall not be privileged to hold office,
160   either elective or appointive, including delegate and
161   alternate delegate, in such member’s component and
162   constituent societies and this Association, or to vote
163   or otherwise participate in the selection of officials
164   of such member’s component and constituent
165   societies and this Association.
166   c. DUES AND SPECIAL ASSESSMENTS.
167   Beginning January 1, 2006, and each year thereafter,
168   the dues of active members shall be the amount
169   established annually by the House of Delegates in
170   accordance with the procedure set forth in Chapter
171   V, Section 130Ad of these Bylaws. In addition to
172   their annual dues, active members shall pay any
173   special assessment, due January 1 of each year. Any
174   dentist who satisfies the eligibility requirements for
175   active membership and any of the following




                          Bylaws                          7
                    CHAPTER I • MEMBERSHIP



176       conditions shall be entitled to pay the reduced active
177       member dues and any special assessment stated
178       under such satisfied condition so long as that dentist
179       maintains continuous membership, subject to the
180       further reductions permitted under the provisions of
181       Chapter I, Section 20Ad of these Bylaws:
182       (1) Dentists, when awarded a D.D.S. or D.M.D.
183       degree, shall be exempt from the payment of active
184       member dues and any special assessment for the
185       remaining period of that year and the following first
186       full calendar year. Dentists shall pay twenty-five
187       percent (25%) of active member dues and any
188       special assessment for the second full calendar year
189       following the year in which the degree was awarded,
190       fifty percent (50%) of active member dues and any
191       special assessment in the third year, seventy-five
192       percent (75%) of active member dues and any
193       special assessment in the fourth year and one
194       hundred percent (100%) in the fifth year and
195       thereafter. Eligibility for this benefit shall be
196       conditioned on maintenance of continuous
197       membership or payment of reduced dues and any
198       special assessment for the years not previously paid,
199       at the rates current during the missing year(s).
200       (2) Dentists who are engaged full-time in (a) an
201       advanced training course of not less than one (1)
202       academic year’s duration in an accredited school or
203       a residency program in areas neither recognized by
204       this Association nor accredited by the Commission
205       on Dental Accreditation or (b) a residency program
206       or advanced education program in areas recognized
207       by this Association and in a program accredited by
208       the Commission on Dental Accreditation shall pay
209       thirty dollars ($30.00) due on January 1 of each year
210       until December 31 following completion of such
211       program. For dentists who enter such a course or
212       program while eligible for the dues reduction
213       program, the applicable reduced dues rate shall be
214       deferred until completion of that program. Upon
215       completing the program, the dentist shall pay dues
216       and any special assessment for active members at
217       the reduced dues rate where the dentist left off in the
218       progression. This benefit shall be conditioned on
219       maintenance of continuous membership or payment
220       of post-graduate student dues and active member
221       dues and any special assessment for years not
222       previously paid, at the rates current during the
223       missing years. The dentist who is engaged full-time
224       in (a) an advanced training course of not less than
225       one (1) academic year’s duration in an accredited
226       school or residency program in areas neither
227       recognized by this Association nor accredited by the
228       Commission on Dental Accreditation or (b) a
229       residency program or advanced education program
230       in areas recognized by this Association and in a
231       program accredited by the Commission on Dental




      8                       Bylaws
                 CHAPTER I • MEMBERSHIP



232    Accreditation shall be exempt from the payment of
233    any active member special assessment then in effect
234    through December 31 following completion of such
235    course or program.
236    (3) A graduate of a non-accredited dental school
237    who has recently been licensed to practice dentistry
238    in a jurisdiction in which there is a constituent dental
239    society of the American Dental Association shall be
240    exempt from payment of active member dues and
241    any special assessment for the remaining period of
242    the year in which the license was issued and the
243    following first full calendar year. The newly
244    licensed graduate of a non-accredited school shall
245    pay twenty-five percent (25%) of active member
246    dues and any special assessment the second calendar
247    year following the year in which the license was
248    obtained, fifty percent (50%) of active member dues
249    and any special assessment in the third year,
250    seventy-five percent (75%) of active member dues
251    and any special assessment in the fourth year and
252    one hundred percent (100%) in the fifth year and
253    thereafter.
254    (4) A licensed dentist who has never been an active
255    member of this Association and is ineligible for dues
256    reduction as a new graduate under this Section of the
257    Bylaws, shall pay fifty percent (50%) of active
258    member dues and any special assessment in the first
259    year of membership, and shall pay one hundred
260    percent (100%) of active member dues and any
261    special assessment in the second year and each year
262    thereafter.
263    (5) The Board of Trustees may authorize limited
264    dues reduction, up to fifty percent (50%) of active
265    member dues and any special assessment for the
266    purposes of promoting active membership in target
267    U.S. markets through marketing campaigns
268    recommended by the Council on Membership. This
269    reduction of active member dues and any special
270    assessments shall be on a one-time only basis for
271    these members.
272    d. ACTIVE MEMBERS SELECTED AFTER JULY
273    1 AND OCTOBER 1. Those members selected to
274    active membership in this Association after July 1,
275    except for those whose membership has lapsed for
276    failure to pay the current year’s dues and/or any
277    special assessment, shall pay fifty percent (50%) of
278    the current year’s dues and fifty percent (50%) of
279    any active member special assessment then in effect,
280    and those selected after October 1, shall be exempt
281    from the payment of the current year’s dues and any
282    active member special assessment then in effect on a
283    one-time only basis.
284   B. LIFE MEMBER.
285    a. QUALIFICATIONS. A life member shall be a
286    member in good standing of this Association who




                            Bylaws                           9
                 CHAPTER I • MEMBERSHIP



287    (1) has been an active and/or retired member in good
288    standing of this Association for thirty (30)
289    consecutive years or a total of forty (40) years of
290    active and/or retired membership or has been a
291    member of the National Dental Association for
292    twenty-five (25) years and subsequently held at least
293    ten (10) years of membership in the American
294    Dental Association; (2) has attained the age of sixty-
295    five (65) years in the previous calendar year; and (3)
296    has submitted an affidavit attesting to the
297    qualifications for this category through said
298    component and constituent societies, if such exist.
299      A dentist who immigrated to the United States may
300    receive credit for up to twenty-five (25) consecutive
301    or total years of membership in a foreign dental
302    association in order to qualify for the requirements
303    for life membership.
304      Years of student membership shall not be counted
305    as active membership for purposes of establishing
306    eligibility for life membership unless the dentist was
307    an active member in good standing prior to
308    becoming a student member.
309      The Association will give notification to members
310    who are eligible for life membership. Life
311    membership shall be effective the calendar year
312    following the year in which the requirements are
313    fulfilled. Maintenance of membership in good
314    standing in the member’s constituent and component
315    societies, if such exist, shall be a requisite for
316    continuance of life membership in this Association.
317    b. PRIVILEGES. A life member in good standing of
318    this Association shall receive annually a
319    membership card. A life member shall be entitled to
320    all the privileges of an active member, except that a
321    retired life member shall not receive The Journal of
322    the American Dental Association except by
323    subscription.
324      A life member under a disciplinary sentence of
325    suspension shall not be privileged to hold office,
326    either elective or appointive, including delegate and
327    alternate delegate, in such member’s component and
328    constituent societies and this Association, or to vote
329    or otherwise participate in the selection of officials
330    of such member’s component and constituent
331    societies and this Association.
332    c. DUES AND SPECIAL ASSESSMENTS.
333    (1) ACTIVE LIFE MEMBERS. The dues of life
334    members who have not fulfilled the qualifications of
335    retired membership pursuant to Chapter I, Section
336    20C of these Bylaws with regard to income related
337    to dentistry shall be fifty percent (50%) of the dues
338    of active members, due January 1 of each year. In
339    addition to their annual dues, active life members
340    shall pay fifty percent (50%) of any active member
341    special assessment, due January 1 of each year.
342    (2) RETIRED LIFE MEMBERS. Life members




      10                   Bylaws
                 CHAPTER I • MEMBERSHIP



343    who have fulfilled the qualifications of Chapter I,
344    Section 20C of these Bylaws with regard to income
345    related to dentistry shall be exempt from payment of
346    dues and any special assessment.
347    (3) ACCEPTANCE OF BACK DUES AND
348    SPECIAL ASSESSMENTS. For the purpose of
349    establishing continuity of active membership to
350    qualify for life membership, back dues and any
351    special assessment, except as otherwise provided in
352    these Bylaws, shall be accepted for not more than
353    the three (3) years of delinquency prior to the date
354    of application for such payment. The rate of such
355    dues and/or any special assessment, except as
356    otherwise provided in these Bylaws, shall be in
357    accordance with Chapter I, Section 40 of these
358    Bylaws.
359     For the purpose of establishing continuity of active
360    membership in order to qualify for life membership,
361    an active member, who had been such when
362    entering upon active duty in one of the federal
363    dental services but who, during such federal dental
364    service, interrupted the continuity of active
365    membership because of failure to pay dues and/or
366    any special assessment and who, within one year
367    after separation from such military or equivalent
368    duty, resumed active membership, may pay back
369    dues and any special assessment for any missing
370    period of active membership at the rate of dues
371    and/or any special assessment current during the
372    missing years of membership.
373   C. RETIRED MEMBER.
374    a. QUALIFICATIONS. A retired member shall be
375    an active member in good standing of this
376    Association who is now a retired member of a
377    constituent society, if such exists, and is no longer
378    earning income from the performance of any
379    dentally related activity. An affidavit attesting to
380    qualifications for this category must be submitted
381    through said component and constituent society, if
382    such exists. Maintenance of active or retired
383    membership in good standing in the member’s
384    component society and retired membership in good
385    standing in the member’s constituent, if such exist,
386    entitling such member to all the privileges of an
387    active member, shall be requisite for entitlement to
388    and continuance of retired membership in this
389    Association.
390    b. PRIVILEGES. A retired member in good
391    standing shall be entitled to all the privileges of an
392    active member.
393     A retired member under a disciplinary sentence of
394    suspension shall not be privileged to hold office,
395    either elective or appointive, including delegate and
396    alternate delegate, in such member’s component and
397    constituent societies and this Association, or to vote




                           Bylaws                         11
                 CHAPTER I • MEMBERSHIP



398    or otherwise participate in the selection of officials
399    of such member’s component and constituent
400    societies and this Association.
401    c. DUES AND SPECIAL ASSESSMENTS. The
402    dues of retired members shall be twenty-five percent
403    (25%) of the dues of active members, due January 1
404    of each year. In addition to their annual dues, retired
405    members shall pay twenty-five percent (25%) of any
406    active member special assessment, due January 1 of
407    each year.
408   D. NONPRACTICING DENTIST MEMBER.
409    a. QUALIFICATIONS. A nonpracticing dentist
410    member shall be a dentist who is ineligible for any
411    other classification of membership and:
412    (1) has a dental degree from any country;
413    (2) resides in the United States or its territories;
414    (3) does not hold a dental license in the United
415    States nor has a revoked U.S. dental license;
416    (4) is not delivering patient care as a dentist for
417    remuneration; and
418    (5) is a member in good standing of this
419    Association, and the Association’s constituent and
420    component societies, if such exists.
421    b. PRIVILEGES.
422    (1) A nonpracticing dentist member in good
423    standing shall receive annually a membership card
424    and The Journal of the American Dental
425    Association, the subscription price of which shall be
426    included in the annual dues. A nonpracticing dentist
427    member shall be entitled to attend any scientific
428    session of this Association and receive such other
429    services as are authorized by the Association.
430    (2) A nonpracticing dentist member in good
431    standing shall be eligible for election to any council.
432    (3) A nonpracticing dentist member shall also be
433    eligible for appointment as an additional member to
434    any council, provided the council requests such
435    additional nonpracticing membership representation
436    and the Board of Trustees approves the council’s
437    request. Such members shall be appointed by the
438    Board of Trustees. The tenure of an additional
439    council member shall be one (1) term of four (4)
440    years.
441    (4) A nonpracticing dentist member under a
442    disciplinary sentence of suspension shall not be
443    privileged to serve as a member of any council.
444    c. DUES AND SPECIAL ASSESSMENTS. The
445    dues of nonpracticing dentists shall be fifty percent
446    (50%) of the dues of active members, due January 1
447    of each year. In addition to their annual dues,
448    nonpracticing dentists shall pay fifty percent (50%)
449    of any active member special assessment, due
450    January 1 of each year.
451   E. STUDENT MEMBER.
452    a. QUALIFICATIONS. A student member shall be




      12                    Bylaws
                 CHAPTER I • MEMBERSHIP



453    a predoctoral student of a dental school accredited
454    by the Commission on Dental Accreditation of this
455    Association, a predoctoral student of a dental school
456    listed in the World Directory of Dental Schools
457    compiled by the Fédération Dentaire Internationale
458    or a dentist eligible for membership in this
459    Association who is engaged full time in an advanced
460    training course of not less than one academic year’s
461    duration in an accredited school or residency
462    program.
463    b. PRIVILEGES. A student member in good
464    standing of this Association shall receive annually a
465    membership card and The Journal of the American
466    Dental Association, the subscription price of which
467    shall be included in the annual dues. A student
468    member shall be entitled to attend any scientific
469    session of this Association.
470     A student member under a disciplinary sentence of
471    suspension shall not be privileged to serve as the
472    American Student Dental Association’s delegate or
473    alternate delegate in this Association’s House of
474    Delegates.
475    c. DUES AND SPECIAL ASSESSMENTS.
476    (1) PREDOCTORAL STUDENT MEMBERS: The
477    dues of predoctoral student members shall be five
478    dollars ($5.00) due January 1 of each year. Such
479    student members shall be exempt from the payment
480    of any special assessment.
481    (2)    POSTDOCTORAL            STUDENTS         AND
482    RESIDENTS: The dues of dentists who are student
483    members pursuant to Chapter I, Section 20E shall be
484    thirty dollars ($30.00) due January 1 of each year.
485    Such student members shall be exempt from the
486    payment of any special assessment.
487    (3) Student membership terminates on December 31
488    after graduation or after completion of a residency
489    or graduate work.
490   F. HONORARY MEMBER.
491    a. QUALIFICATIONS. An individual who has
492    made outstanding contributions to the advancement
493    of the art and science of dentistry, upon election by
494    the Board of Trustees, shall be classified as an
495    honorary member of this Association.
496    b. PRIVILEGES. An honorary member shall receive
497    a membership card and The Journal of the American
498    Dental Association. An honorary member shall be
499    entitled to attend any scientific session of this
500    Association and receive such other services as are
501    authorized by the Board of Trustees.
502    c. DUES AND SPECIAL ASSESSMENTS.
503    Honorary members shall be exempt from payment
504    of dues and any special assessment.
505   G. PROVISIONAL MEMBER.
506    a. QUALIFICATIONS. A provisional member shall
507    be a dentist who:




                           Bylaws                        13
                 CHAPTER I • MEMBERSHIP



508    (1) has received a D.D.S. or D.M.D. degree from a
509    dental school accredited by the Commission on
510    Dental Accreditation of the American Dental
511    Association or shall be a graduate of an unaccredited
512    dental school who has recently been licensed to
513    practice dentistry in a jurisdiction in which there is a
514    constituent dental society;
515    (2) has not established a place of practice; and
516    (3) shall have applied for provisional membership
517    within 12 months of graduation or licensure.
518     Provisional membership shall terminate December
519    31 of the second full calendar year following the
520    year in which the degree was awarded.
521    b. PRIVILEGES. A provisional member in good
522    standing shall be entitled to all the privileges of an
523    active member except that a provisional member
524    shall have no right to appeal from a denial of active
525    membership in the Association.
526     A provisional member under a disciplinary
527    sentence of suspension shall not be privileged to
528    hold office, either elective or appointive, including
529    delegate and alternate delegate, in such member’s
530    component and constituent societies and this
531    Association, or to vote or otherwise participate in
532    the selection of officials of such member’s
533    component and constituent societies and this
534    Association.
535    c. DUES AND SPECIAL ASSESSMENTS. The
536    dues and/or any special assessment of provisional
537    members shall be the same as the dues and/or any
538    special assessment of active members.
539   H. ASSOCIATE MEMBER.
540    a. QUALIFICATIONS. An associate member shall
541    be a person ineligible for any other type of
542    membership in this Association, who contributes to
543    the advancement of the objectives of this
544    Association, is employed in dental-related education
545    or research, does not hold a dental license in the
546    United States, and has applied to and been approved
547    by the Board of Trustees.*
548    b. PRIVILEGES. An associate member in good
549    standing shall receive annually a membership card
550    and The Journal of the American Dental
551    Association, the subscription price of which shall be
552    included in the annual dues. An associate member
553    shall be entitled to attend any scientific session of

      * Individuals who are classified as associate members
      of this Association prior to the 1996 annual session of
      the House of Delegates but who are not employed
      full-time in dentally-related education or research by
      an accredited institution of higher education, may
      maintain their associate membership so long as other
      eligibility requirements are met and current dues and
      any special assessment are paid.



      14                    Bylaws
                 CHAPTER I • MEMBERSHIP



554    this Association and receive such other services as
555    are authorized by the Board of Trustees.
556    c. DUES AND SPECIAL ASSESSMENTS. The
557    dues of associate members shall be twenty-five
558    percent (25%) of the dues of active members, due
559    January 1 of each year. In addition to their annual
560    dues, associate members shall pay twenty-five
561    percent (25%) of any active member special
562    assessment, due January 1 of each year.
563   I. AFFILIATE MEMBER.
564     a. QUALIFICATIONS. An affiliate member shall
565     be a dentist who is ineligible for any other
566     classification of membership and:
567     (1) is practicing in a country other than the United
568     States;
569     (2) has been classified as an affiliate member upon
570     application to and approval by the Board of
571     Trustees; and
572     (3) is a member in good standing of this
573     Association.
574     b. PRIVILEGES. An affiliate member in good
575     standing shall receive annually a membership card,
576     have access to the members-only content areas of
577     ADA.org, be entitled to attend any scientific session
578     of this Association, purchase items through the
579     ADA Catalog at the member rate and receive such
580     other services as are authorized by the Board of
581     Trustees.
582     c. DUES AND SPECIAL ASSESSMENTS. The
583     dues of affiliate members shall be twelve dollars
584     ($12.00) for those members practicing in least
585     developed and low income countries eligible for
586     special fee criteria as established by the Fédération
587     Dentaire Internationale and seventy-five dollars
588     ($75.00) for other such members, due January 1 of
589     each year. Affiliate members shall be exempt from
590     the payment of any special assessment.
591   Section 30. DEFINITION OF “IN GOOD
592   STANDING.” A member of this Association whose
593   dues and any special assessment for the current year
594   have been paid shall be in good standing. To remain
595   in good standing, a member may be required under
596   the bylaws of the member’s constituent or component
597   society, to meet standards of continuing education,
598   pay any special assessment, cooperate with peer
599   review bodies or committees on ethics, or attend, if a
600   newly admitted active member, a stated number of
601   membership meetings between the date of admission
602   and the completion of the first calendar year of active
603   membership. If under a disciplinary sentence of
604   suspension, such member shall be designated as “in
605   good standing temporarily under suspension” until the
606   disciplinary sentence has terminated.
607    The requirement of paying current dues does not
608   apply to retired life, honorary and those members of




                           Bylaws                         15
                 CHAPTER I • MEMBERSHIP



609   this Association who pursuant to Section 50 of this
610   Chapter have been granted dues waivers for the
611   purpose of determining their good standing. The
612   requirement of paying any special assessment does
613   not apply to retired life, honorary, affiliate, student
614   and those members of this Association who pursuant
615   to Section 50 of this Chapter have been granted any
616   special assessment waivers for purposes of
617   determining their good standing.
618   Section 40. LAPSE OF MEMBERSHIP AND
619   REINSTATEMENT.
620   A. LAPSE OF MEMBERSHIP. Any member whose
621   dues and any special assessment have not been paid
622   by March 31 of the current year shall cease to be a
623   member of this Association. Further, an associate
624   member who terminates employment in dental-related
625   education or research shall cease to be an associate
626   member of this Association December 31 of that
627   calendar year.
628   B. REINSTATEMENT. Reinstatement of active, life,
629   retired, nonpracticing dentist, student or affiliate
630   membership may be secured on payment of
631   appropriate dues and any special assessment of this
632   Association and on compliance with the pertinent
633   bylaws and regulations of the constituent and
634   component societies involved and this Association.
635   Section 50. DUES OR SPECIAL ASSESSMENT
636   RELATED ISSUES.
637   A. PAYMENT DATE AND INSTALLMENT
638   PAYMENTS. Dues and any special assessment of all
639   members are payable January 1 of each year, except
640   for active and active life members who may
641   participate in an installment payment plan. Such plan
642   shall be sponsored by the members’ respective
643   constituent or component dental societies, or by this
644   Association if the active or active life members are in
645   the exclusive employ of, or are serving on active duty
646   in, one of the federal dental services. The plan shall
647   require monthly installment payments that conclude
648   with the current dues and any special assessment
649   amount fully paid by December 15. Transactional
650   costs may be imposed, prorated to this Association
651   and the constituent or component dental society. The
652   installment plan shall provide for the expeditious
653   transfer of member dues and any special assessment
654   to this Association and the applicable constituent or
655   component dental society.
656   B. FINANCIAL HARDSHIP WAIVERS. Those
657   members who have suffered a significant financial
658   hardship that prohibits them from payment of their
659   full dues and/or any special assessment may be
660   excused from the payment of fifty percent (50%),
661   seventy-five percent (75%) or all of the current year’s




      16                   Bylaws
                  CHAPTER I • MEMBERSHIP



662   dues and/or any special assessment as determined by
663   their constituent and component dental societies. The
664   constituent and component societies shall certify the
665   reason for the waiver, and the constituent and
666   component societies shall provide the same
667   proportionate waiver of their dues as that provided by
668   this Association.*
669   C. WAIVERS FOR ACTIVE MEMBERS
670   TEMPORARILY ACTIVATED TO FEDERAL
671   SERVICE. An active member in good standing who
672   pursuant to Chapter I of these Bylaws holds
673   membership in a constituent and component society
674   and is temporarily called to active duty with a federal
675   dental service on a non-career basis shall be exempt
676   from the payment of dues to this Association during
677   such military duty, but not to exceed a period of three
678   years.
679   D. WAIVERS FOR ACTIVE MEMBERS
680   WORKING            FOR         A        CHARITABLE
681   ORGANIZATION.           An active member who is
682   serving the profession by working full-time for a
683   charitable organization and is receiving neither
684   income nor a salary for such charitable service other
685   than a subsistence amount which approximates a cost
686   of living allowance shall be exempt from the payment
687   of dues and any special assessment then in effect
688   through December 31 following completion of such
689   service provided that such charitable service is being
690   performed continuously for not less than one (1) year
691   and provided further that such member does not
692   supplement such subsistence income by the
693   performance of services as a member of the faculty of
694   a dental or dental auxiliary school, as a dental
695   administrator or consultant, or as a practitioner of any
696   activity for which a license to practice dentistry or
697   dental hygiene is required.
698   E. CALCULATING PERCENTAGE DUES OR
699   SPECIAL ASSESSMENTS. In establishing the dollar
700   rate of dues or special assessments in this chapter
701   expressed as a percentage of active member dues or


      * Members with disabilities who were granted dues
      and any special assessment disability waivers prior to
      the 2007 House of Delegates may continue to receive
      such waivers provided they are unable to practice
      dentistry within the definition of these Bylaws and
      they submit through the member’s component and
      constituent societies, if such exist, to this Association,
      a medical certificate attesting to the disability and a
      certificate from said component and constituent
      societies, if such exist, attesting to the disability, upon
      request of the Association, during the exemption
      period.



                             Bylaws                           17
                CHAPTER I • MEMBERSHIP
           CHAPTER II • CONSTITUENT SOCIETIES


702   special assessments, computations resulting in
703   fractions of a dollar shall be rounded up to the next
704   whole dollar.
705   Section     60.    INTERIM        SERVICES       FOR
706   APPLICANTS. A dentist who has submitted a
707   complete application for active membership in this
708   Association and the appropriate constituent and
709   component societies, if such exist, may on a one-
710   time, interim basis: receive complimentary copies of
711   the Journal of the American Dental Association and
712   the ADA News, have access to the ADA.org member-
713   only content areas and purchase items at a member
714   rate through the ADA Catalog. Such interim services
715   shall terminate when the membership application has
716   been processed or within six (6) months of the
717   application submission, whichever is sooner.
718   Applicants shall have no right of appeal from a denial
719   of membership in the Association.

           CHAPTER II • CONSTITUENT SOCIETIES

720   Section 10. ORGANIZATION: A constituent society
721   may be organized and chartered, subject to the
722   approval of the House of Delegates, upon application
723   of at least one hundred (100) dentists, practicing in
724   any state or other jurisdiction of the United States.
725   These dentists must be active, life or retired members
726   of the Association in good standing. No such society
727   shall be chartered in any state or other jurisdiction of
728   the United States in which a constituent society is
729   already chartered by this Association.
730   Section 20. NAME: A constituent society shall take
731   its name from the state or other jurisdiction of the
732   United States.
733   Section 30. POWERS AND DUTIES:
734   A. A constituent society shall have the power to select
735   its active, life and retired members as active members
736   of this Association within the limits of Section 40 of
737   this Chapter.
738   B. It shall have the power to organize its members
739   into component societies within the limits imposed by
740   Chapter III, Section 10 of these Bylaws.
741   C. It shall have the power to provide for its financial
742   support and to establish bylaws, rules and regulations
743   to govern its members provided such bylaws, rules
744   and regulations do not conflict with, or limit, these
745   Bylaws.
746   D. It shall have the power to discipline any of its
747   members subject to the provisions in Chapter XII,
748   Section 20 of these Bylaws.
749   E. It shall be its duty to collect membership dues and
750   any special assessment for this Association in




      18                    Bylaws
          CHAPTER II • CONSTITUENT SOCIETIES



751   conformity with Chapter I, Section 20, of these
752   Bylaws.
753   F. It shall have the power to establish committees,
754   councils and commissions of the constituent society;
755   to designate their power and duties; and to adopt
756   reasonable eligibility requirements for service
757   thereon.
758   Section 40. MEMBERSHIP:
759   A. The active, life and retired membership of each
760   constituent society, except as otherwise provided in
761   these Bylaws, shall consist solely of dentists
762   practicing within the territorial jurisdiction of the
763   constituent society; dentists retired from active
764   practice; dentists engaged in activities furthering the
765   object of this Association; dentists serving on the
766   faculty of a dental school or receiving compensation
767   as a dental administrator or consultant within the
768   jurisdiction of the constituent society but are licensed
769   in another jurisdiction; and dentists in a federal dental
770   service (provided that the federal dentist is either
771   licensed in or serving within the confines of the
772   constituent society’s jurisdiction), provided that such
773   dentists are active, life or retired members in good
774   standing of a component of the constituent (except for
775   the federal dentists), if such exists, and this
776   Association.
777   Explanatory Note: A dentist who has retired from
778   active practice or who is engaged in activities
779   furthering the object of this Association shall be
780   considered to be practicing dentistry within the
781   meaning of this section.
782   B. REMOVAL FROM ONE JURISDICTION TO
783   ANOTHER. A member who has changed the location
784   of the member’s practice from the jurisdiction of one
785   constituent society to that of another constituent
786   society may maintain active membership in the
787   constituent society in which membership is being
788   held for the calendar year following that of the
789   member’s removal from the jurisdiction of such
790   society. The same privilege shall apply to a member
791   who is separated from a federal dental service and
792   who enters practice in an area under the jurisdiction
793   of a constituent society or a member who is retired
794   from a federal dental service and who is serving on a
795   faculty of a dental school, or is receiving
796   compensation as a dental administrator or consultant,
797   or is engaged in any activity in the area under the
798   jurisdiction of a constituent society for which a
799   license to practice dentistry or dental hygiene is
800   required by the state or other jurisdiction of the
801   United States wherein the activity is conducted. A
802   dentist who retires from active practice and
803   establishes residence in an area outside of the




                            Bylaws                          19
           CHAPTER II • CONSTITUENT SOCIETIES



804   jurisdiction of the constituent society in which the
805   dentist holds membership shall be permitted to
806   continue membership in such constituent society for
807   the period of retirement.
808     A member who is unsuccessful in transferring
809   membership from one constituent society to another
810   shall be entitled to a hearing (by either the component
811   or constituent society), on the decision denying the
812   member’s application for transfer of membership and
813   to appeal to the constituent society to which transfer
814   is sought, if applicable, and thereafter to the Council
815   on Ethics, Bylaws and Judicial Affairs of this
816   Association in accordance with the procedures in
817   Chapter XII, Section 20C and D of these Bylaws even
818   though a disciplinary penalty is not involved.
819   C. PRIVILEGES. An active, life or retired member in
820   good standing shall enjoy all privileges of constituent
821   society membership except as otherwise provided by
822   these Bylaws.
823   D. MULTIPLE JURISDICTIONS. A member may
824   hold membership in more than one constituent society
825   with the consent of the constituent society involved.
826   A member is required to maintain active membership
827   in the constituent society, if accepted therein, in
828   whose jurisdiction the member maintains or practices
829   dentistry at a secondary or “branch” office. In order to
830   meet the requirement of tripartite membership, a
831   member must also maintain active membership in one
832   component society of each constituent society into
833   which the member is accepted, if such exist. If such a
834   member is accused of unethical conduct and
835   disciplinary proceedings are brought, then those
836   proceedings shall be instituted in the component or
837   constituent society where the alleged unethical
838   conduct occurred. A disciplinary ruling affecting
839   membership in one constituent society shall affect
840   membership in both societies and in the Association.
841   A member shall have the right of appeal as provided
842   in Chapter XII of the Bylaws. Such member shall pay
843   dues in this Association only through the constituent
844   society in whose jurisdiction the member conducts
845   the major part of the member’s practice.
846   Section 50. OFFICERS: The officers of a constituent
847   society shall be president, secretary, treasurer and such
848   others as may be prescribed in its bylaws.
849   Section 60. SESSIONS: A constituent society shall
850   hold a business session at least once each calendar
851   year.
852   Section 70. CONSTITUTION AND BYLAWS: Each
853   constituent society shall adopt and maintain a
854   constitution and bylaws which shall not be in conflict
855   with, or limit, the Constitution and Bylaws
856   of this Association and shall file a copy thereof and




      20                    Bylaws
          CHAPTER II • CONSTITUENT SOCIETIES



857   any changes which may be made thereafter, with the
858   Executive Director of this Association.
859   Section 80. “PRINCIPLES OF ETHICS AND CODE
860   OF PROFESSIONAL CONDUCT”: The Principles of
861   Ethics and Code of Professional Conduct of this
862   Association and the code of ethics adopted by the
863   constituent society shall be the code of ethics of that
864   constituent society for governing the professional
865   conduct of its members.
866   Section 90. RIGHT OF HEARING AND APPEAL:
867   Disputes arising between constituent societies or
868   between a constituent society and one or more of its
869   component societies may be referred to the Council
870   on Ethics, Bylaws and Judicial Affairs of this
871   Association for hearing and decision as provided in
872   Chapter X, Section 120Gd in accordance with the
873   procedure of Chapter XII, Section 20C and D of these
874   Bylaws even though a disciplinary penalty is not
875   involved.
876   Section 100. PRIVILEGE OF REPRESENTATION:
877   Each constituent society shall be entitled to two (2)
878   delegates in the House of Delegates, except that one
879   (1) delegate shall be allocated to the Virgin Islands
880   Dental Association. The Air Force Dental Corps, the
881   Army Dental Corps, the Navy Dental Corps, the
882   Public Health Service and the Department of
883   Veterans Affairs shall each be entitled to two (2)
884   delegates, one of which shall be elected by the
885   respective service, without regard to the number of
886   members. The remaining number of delegates shall
887   be allocated as provided in Chapter V, Sections 10C
888   and 10D.
889    Each constituent society and each federal dental
890   service may select from among its active, life and
891   retired members the same number of alternate
892   delegates as delegates and shall designate the
893   alternate delegate who shall replace an absent
894   delegate.
895   Section 110. CHARTERED CONSTITUENT
896   SOCIETIES: The Executive Director of the
897   Association is authorized to issue a charter to each
898   constituent society denoting its name and territorial
899   jurisdiction. The following societies are chartered as
900   constituent societies of this Association:
901    Alabama Dental Association
902    Alaska Dental Society
903    Arizona Dental Association
904    Arkansas State Dental Association
905    California Dental Association
906    Colorado Dental Association
907    Connecticut State Dental Association, The
908    Delaware State Dental Society
909    District of Columbia Dental Society, The




                           Bylaws                        21
           CHAPTER II • CONSTITUENT SOCIETIES
           CHAPTER III • COMPONENT SOCIETIES



910    Florida Dental Association
911    Georgia Dental Association
912    Hawaii Dental Association
913    Idaho State Dental Association
914    Illinois State Dental Society
915    Indiana Dental Association
916    Iowa Dental Association
917    Kansas Dental Association
918    Kentucky Dental Association
919    Louisiana Dental Association, The
920    Maine Dental Association
921    Maryland State Dental Association
922    Massachusetts Dental Society
923    Michigan Dental Association
924    Minnesota Dental Association
925    Mississippi Dental Association, The
926    Missouri Dental Association
927    Montana Dental Association
928    Nebraska Dental Association, The
929    Nevada Dental Association
930    New Hampshire Dental Society
931    New Jersey Dental Association
932    New Mexico Dental Association
933    New York State Dental Association
934    North Carolina Dental Society, The
935    North Dakota Dental Association
936    Ohio Dental Association
937    Oklahoma Dental Association
938    Oregon Dental Association
939    Pennsylvania Dental Association
940    Puerto Rico, Colegio de Cirujanos Dentistas de
941    Rhode Island Dental Association
942    South Carolina Dental Association
943    South Dakota Dental Association
944    Tennessee Dental Association
945    Texas Dental Association
946    Utah Dental Association
947    Vermont State Dental Society
948    Virgin Islands Dental Association
949    Virginia Dental Association
950    Washington State Dental Association
951    West Virginia Dental Association
952    Wisconsin Dental Association
953    Wyoming Dental Association

           CHAPTER III • COMPONENT SOCIETIES

954   Section 10. ORGANIZATION: Component societies
955   may be organized in conformity with a plan approved
956   by the constituent society of which they shall be
957   recognized entities provided, however, that the active,
958   life or retired members of each component society
959   shall consist of dentists who are members in good
960   standing of their respective constituent societies and




      22                   Bylaws
           CHAPTER III • COMPONENT SOCIETIES




961    of this Association. The plan adopted by the
962    constituent society may or may not limit active
963    membership in a component society to dentists who
964    reside or practice within the geographic area of that
965    component society. Each component society shall
966    adopt and maintain a constitution and bylaws, which
967    shall not be in conflict with, or limit, the Constitution
968    and Bylaws of this Association or that of its
969    constituent society, and shall file a copy thereof and
970    any changes which may be made thereafter with the
971    Executive Director of this Association.
972    Section 20. POWER AND DUTIES:
973    A. A component society shall have the power to
974    select its active, life and retired members as active
975    members of the constituent society in accordance
976    with Chapter II, Section 40, of these Bylaws.
977    B. It shall have the power to provide for its financial
978    support, to establish bylaws, rules and regulations, not
979    in conflict with, or limiting, the Constitution and
980    Bylaws of this Association or that of its constituent
981    society and to adopt a code of ethics not in conflict
982    with the Principles of Ethics and Code of
983    Professional Conduct of this Association or code of
984    ethics of its constituent society.
985    C. It shall have the power to discipline any of its
986    members subject to the provisions in Chapter XII,
987    Section 20 of these Bylaws.
988    D. It shall have the power to establish committees,
989    councils and commissions of the component society;
990    to designate their powers and duties; and to adopt
991    reasonable eligibility requirements for service
992    thereon.
993    Section 30. PRIVILEGES OF MEMBERSHIP: An
994    active, life or retired member in good standing shall
995    have the opportunity of enjoying all privileges of
996    component society membership except as otherwise
997    provided by these Bylaws.
 998   Section 40. TRANSFER FROM ONE COMPONENT
 999   TO ANOTHER: A member who has changed
1000   residence or location of practice within the
1001   jurisdiction of a constituent society so that the
1002   member no longer fulfills the membership
1003   requirements of the component society of which he or
1004   she is a member may maintain active membership in
1005   that component society for the calendar year
1006   following such change of residence or practice
1007   location.
1008     A member who is required to transfer membership
1009   from one component society to another and whose
1010   application for transfer of membership is denied shall
1011   be entitled to a hearing (by either the component or




                             Bylaws                          23
            CHAPTER III • COMPONENT SOCIETIES
             CHAPTER IV • TRUSTEE DISTRICTS


1012   constituent society), on the decision denying the
1013   member’s application for transfer of membership and
1014   to appeal to the member’s constituent society, if
1015   applicable, and the Council on Ethics, Bylaws and
1016   Judicial Affairs of this Association in accordance
1017   with the procedures in Chapter XII, Section 20C and
1018   D of these Bylaws even though a disciplinary penalty
1019   is not involved. A component society which receives
1020   an application for transfer of membership from a
1021   dentist who has moved from the jurisdiction of
1022   another constituent society is governed by Chapter II,
1023   Section 40B of these Bylaws.

             CHAPTER IV • TRUSTEE DISTRICTS

1024   Section 10. ORGANIZATION: The constituent
1025   societies and the federal dental services shall be
1026   organized into seventeen (17) trustee districts.
1027   Section 20. PURPOSE: The purpose of establishing
1028   trustee districts is to provide representation of the
1029   members of the constituent societies and the federal
1030   dental services on the Board of Trustees.
1031   Section 30. COMPOSITION: The trustee districts are
1032   numbered and composed as follows:

1033    DISTRICT 1
1034    Connecticut State Dental Association, The
1035    Maine Dental Association
1036    Massachusetts Dental Society
1037    New Hampshire Dental Society
1038    Rhode Island Dental Association
1039    Vermont State Dental Society
1040    DISTRICT 2
1041    New York State Dental Association
1042    DISTRICT 3
1043    Pennsylvania Dental Association
1044    DISTRICT 4
1045    Air Force Dental Corps
1046    Army Dental Corps
1047    Delaware State Dental Society
1048    District of Columbia Dental Society, The
1049    Maryland State Dental Association
1050    Navy Dental Corps
1051    New Jersey Dental Association
1052    Public Health Service
1053    Puerto Rico, Colegio de Cirujanos Dentistas de
1054    Veterans Affairs
1055    Virgin Islands Dental Association
1056    DISTRICT 5*
1057    Alabama Dental Association
1058    Georgia Dental Association
1059    Mississippi Dental Association, The




       24                   Bylaws
             CHAPTER IV • TRUSTEE DISTRICTS
             CHAPTER IV • TRUSTEE DISTRICTS
             CHAPTER V • HOUSE OF DELEGATES



1060    DISTRICT 6
1061    Kentucky Dental Association
1062    Missouri Dental Association
1063    Tennessee Dental Association
1064    West Virginia Dental Association
1065    DISTRICT 7
1066    Indiana Dental Association
1067    Ohio Dental Association
1068    DISTRICT 8
1069    Illinois State Dental Society
1070    DISTRICT 9
1071    Michigan Dental Association
1072    Wisconsin Dental Association
1073    DISTRICT 10
1074    Iowa Dental Association
1075    Minnesota Dental Association
1076    Nebraska Dental Association, The
1077    North Dakota Dental Association
1078    South Dakota Dental Association
1079    DISTRICT 11
1080    Alaska Dental Society
1081    Idaho State Dental Association
1082    Montana Dental Association
1083    Oregon Dental Association
1084    Washington State Dental Association
1085    DISTRICT 12
1086    Arkansas State Dental Association
1087    Kansas Dental Association
1088    Louisiana Dental Association, The
1089    Oklahoma Dental Association
1090    DISTRICT 13
1091    California Dental Association
1092    DISTRICT 14
1093    Arizona Dental Association
1094    Colorado Dental Association
1095    Hawaii Dental Association
1096    Nevada Dental Association
1097    New Mexico Dental Association
1098    Utah Dental Association
1099    Wyoming Dental Association
1100    DISTRICT 15
1101    Texas Dental Association
1102    DISTRICT 16
1103    North Carolina Dental Society, The
1104    South Carolina Dental Association
1105    Virginia Dental Association
                      *
1106    DISTRICT 17

       * In order to establish the required pattern of four,



                            Bylaws                       25
             CHAPTER IV • TRUSTEE DISTRICTS
             CHAPTER V • HOUSE OF DELEGATES


1107    Florida Dental Association

            CHAPTER V • HOUSE OF DELEGATES

1108   Section 10. COMPOSITION.
1109   A. VOTING MEMBERS. The House of Delegates
1110   shall be limited to four hundred sixty (460) voting
1111   members for the two years 2004 to 2005 inclusive.
1112   Thereafter, the number of voting members shall be
1113   determined by the methodologies set forth in Section
1114   10C of this Chapter. It shall be composed of the
1115   officially certified delegates of the constituent dental
1116   societies, who shall be active, life or retired members,
1117   two (2) officially certified delegates from each of the
1118   five (5) federal dental services, who shall be active,
1119   life or retired members and five (5) student members
1120   of the American Student Dental Association who are
1121   officially certified delegates from the American
1122   Student Dental Association. Proxy voting is explicitly
1123   prohibited; however, an alternate delegate may vote
1124   when substituted for a voting member in accordance
1125   with procedures established by the Committee on
1126   Credentials, Rules and Order.
1127   B. EX OFFICIO MEMBERS. The elective and
1128   appointive officers and trustees of this Association
1129   shall be ex officio members of the House of Delegates
1130   without the power to vote. They shall not serve as
1131   delegates. Past presidents of this Association shall be
1132   ex officio members of the House of Delegates without
1133   the power to vote unless designated as delegates.
1134   C. REPRESENTATIONAL REQUIREMENTS AND
1135   GOALS. Each constituent society shall be entitled to
1136   two (2) delegates, except that one (1) delegate shall
1137   be allocated to the Virgin Islands Dental Association.
1138   The Air Force Dental Corps, the Army Dental Corps,
1139   the Navy Dental Corps, the Public Health Service and
1140   the Department of Veteran Affairs shall each be
1141   entitled to two (2) delegates, one of which shall be
1142   elected by the respective service, without regard to
1143   the number of members.
1144     For the two years 2004-2005 inclusive, the

       four, four and five members respectively retiring from
       councils and commissions each year, members of
       councils and commissions from the new 5th and 17th
       districts who are in office at the time this footnote
       becomes effective shall finish their terms in
       accordance with their scheduled term completion
       dates. Councils and commissions that have incumbent
       members from the new 5th district shall add a new
       member from the 17th district to a full four-year term.
       Councils and commissions that have incumbent
       members from the new 17th district shall add a new
       member from the new 5th district to a full four-year
       term.



       26                    Bylaws
             CHAPTER V • HOUSE OF DELEGATES



1145   remaining number of delegates shall be allocated to
1146   the constituent societies, through their trustee districts
1147   based on the representational goals that each trustee
1148   district's representation in the House of Delegates
1149   shall vary by no more or less than 0.3% from its
1150   active, life or retired membership share in this
1151   Association, based on the Association's December 31,
1152   2002 membership records, and that no district or
1153   constituent shall lose a delegate from its 2003
1154   allocation. Thereafter, to allow for changes in the
1155   delegate allocation due to membership fluctuations,
1156   the Board of Trustees shall use this variance method
1157   of district delegate allocation (a variance of no more
1158   than 0.3% of its active, life and retired membership
1159   share in the Association) at subsequent intervals of
1160   three (3) years, with the first such review occurring
1161   for the 2006 House of Delegates. Such reviews shall
1162   be based on the Association's year-end membership
1163   records for the calendar year preceding the review
1164   period in question. No district shall lose a delegate
1165   unless their membership numbers are at least one
1166   percent less than their membership numbers of the
1167   prior three years. Any changes deemed necessary
1168   shall be presented to the House of Delegates in the
1169   form of a Bylaws' amendment to Section 10D of this
1170   Chapter.
1171   D. DELEGATE ALLOCATION. Based on the
1172   representational requirements and goals set forth in
1173   Section 10C, the delegates are allocated as follows:
1174    DISTRICT 1
1175    Connecticut State Dental Association, The,
1176     7 delegates
1177    Maine Dental Association, 3 delegates
1178    Massachusetts Dental Society, 13 delegates
1179    New Hampshire Dental Society, 3 delegates
1180    Rhode Island Dental Association, 3 delegates
1181    Vermont State Dental Society, 2 delegates
1182    District Total: 31 delegates
1183    DISTRICT 2
1184    New York State Dental Association, 41 delegates
1185    District Total: 41 delegates
1186    DISTRICT 3
1187    Pennsylvania Dental Association, 18 delegates
1188    District Total: 18 delegates
1189    DISTRICT 4
1190    Air Force Dental Corps, 2 delegates
1191    Army Dental Corps, 2 delegates
1192    Delaware State Dental Society, 2 delegates
1193    District of Columbia Dental Society, The,
1194     2 delegates
1195    Maryland State Dental Association, 7 delegates
1196    Navy Dental Corps, 2 delegates
1197    New Jersey Dental Association, 12 delegates




                             Bylaws                           27
             CHAPTER V • HOUSE OF DELEGATES



1198    Public Health Service, 2 delegates
1199    Puerto Rico, Colegio de Cirujanos Dentistas de,
1200     2 delegates
1201    Veterans Affairs, 2 delegates
1202    Virgin Islands Dental Association, 1 delegate
1203    District Total: 36 delegates
1204    DISTRICT 5
1205    Alabama Dental Association, 5 delegates
1206    Georgia Dental Association, 10 delegates
1207    Mississippi Dental Association, The, 3 delegates
1208    District Total: 18 delegates
1209    DISTRICT 6
1210    Kentucky Dental Association, 6 delegates
1211    Missouri Dental Association, 7 delegates
1212    Tennessee Dental Association, 7 delegates
1213    West Virginia Dental Association, 3 delegates
1214    District Total: 23 delegates
1215    DISTRICT 7
1216    Indiana Dental Association, 9 delegates
1217    Ohio Dental Association, 16 delegates
1218    District Total: 25 delegates
1219    DISTRICT 8
1220    Illinois State Dental Society, 20 delegates
1221    District Total: 20 delegates
1222    DISTRICT 9
1223    Michigan Dental Association, 17 delegates
1224    Wisconsin Dental Association, 9 delegates
1225    District Total: 26 delegates
1226    DISTRICT 10
1227    Iowa Dental Association, 5 delegates
1228    Minnesota Dental Association, 9 delegates
1229    Nebraska Dental Association, The, 3 delegates
1230    North Dakota Dental Association, 2 delegates
1231    South Dakota Dental Association, 2 delegates
1232    District Total: 21 delegates
1233    DISTRICT 11
1234    Alaska Dental Society, 2 delegates
1235    Idaho State Dental Association, 3 delegates
1236    Montana Dental Association, 2 delegates
1237    Oregon Dental Association, 6 delegates
1238    Washington State Dental Association, 11 delegates
1239    District Total: 24 delegates
1240    DISTRICT 12
1241    Arkansas State Dental Association, 4 delegates
1242    Kansas Dental Association, 4 delegates
1243    Louisiana Dental Association, The, 6 delegates
1244    Oklahoma Dental Association, 5 delegates
1245    District Total: 19 delegates
1246    DISTRICT 13
1247    California Dental Association, 67 delegates




       28                   Bylaws
             CHAPTER V • HOUSE OF DELEGATES



1248    District Total: 67 delegates
1249    DISTRICT 14
1250    Arizona Dental Association, 7 delegates
1251    Colorado Dental Association, 8 delegates
1252    Hawaii Dental Association, 3 delegates
1253    Nevada Dental Association, 3 delegates
1254    New Mexico Dental Association, 3 delegates
1255    Utah Dental Association, 4 delegates
1256    Wyoming Dental Association, 2 delegates
1257    District Total: 30 delegates
1258    DISTRICT 15
1259    Texas Dental Association, 23 delegates
1260    District Total: 23 delegates
1261    DISTRICT 16
1262    North Carolina Dental Society, The, 10 delegates
1263    South Carolina Dental Association, 5 delegates
1264    Virginia Dental Association, 10 delegates
1265    District Total: 25 delegates
1266    DISTRICT 17
1267    Florida Dental Association, 21 delegates
1268    District Total: 21 delegates
1269    AMERICAN STUDENT DENTAL
1270    ASSOCIATION, 5 delegates
1271   E. ALTERNATE DELEGATES. Each constituent
1272   dental society and each federal dental service may
1273   select from among its active, life and retired members
1274   the same number of alternate delegates as delegates.
1275   The American Student Dental Association may select
1276   from among its active members the same number of
1277   alternate delegates as delegates.
1278   F. SELECTION OF AMERICAN STUDENT
1279   DENTAL ASSOCIATION DELEGATES AND
1280   ALTERNATE DELEGATES. The American Student
1281   Dental Association shall select its five (5) delegates
1282   from its even numbered regions in even numbered
1283   years, and the odd numbered regions in odd
1284   numbered years, with their alternate delegates
1285   selected from the opposite groups of regions.
1286   G. TERM OF DELIGATES AND ALTERNATE
1287   DELIGATES. The term of a delegate or alternate
1288   delegate elected or selected pursuant to Section 20 of
1289   this Chapter commences from the time such delegate
1290   or alternate delegate is certified pursuant to Section
1291   30 of this Chapter until another delegate or alternate
1292   delegate elected or selected in place of such delegate
1293   or alternate delegate is so certified.
1294   Section 20. ELECTION OF DELEGATES AND
1295   ALTERNATE DELEGATES: The officially certified
1296   delegates of each constituent society shall be elected
1297   or, in the case of officially certified alternate




                            Bylaws                         29
             CHAPTER V • HOUSE OF DELEGATES



1298   delegates, elected or selected, by one or more of the
1299   following methods:
1300    1. By the membership at large of that constituent
1301    society;
1302    2. By the constituent society’s governing legislative
1303    body or in the case of alternate delegates, selected
1304    by the constituent society’s board of directors, at the
1305    discretion of the constituent society; and
1306    3. By a component with respect to the delegates
1307    representing that component.
1308   Each federal dental service and the American Student
1309   Dental Association may establish its own method for
1310   selecting delegates.
1311   Section 30. CERTIFICATION OF DELEGATES
1312   AND ALTERNATE DELEGATES: The executive
1313   director or equivalent chief executive officer of each
1314   constituent society, the ranking administrative officer
1315   of each federal dental service, and the secretary of the
1316   American Student Dental Association shall file with
1317   the Executive Director of this Association, at least
1318   sixty (60) days prior to the first day of the annual
1319   session of the House of Delegates, the names of the
1320   delegates and alternate delegates designated by the
1321   society, service or association. The Executive
1322   Director of this Association shall provide each
1323   delegate and alternate delegate with credentials which
1324   shall be presented to the Committee on Credentials,
1325   Rules and Order of the House of Delegates. In the
1326   event of a contest over the credentials of any delegate
1327   or alternate delegate, the Committee on Credentials,
1328   Rules and Order shall hold a hearing and report its
1329   findings and recommendations to the House of
1330   Delegates for final action.
1331   Section 40. POWERS: The House of Delegates shall
1332   be the supreme authoritative body. In addition to
1333   possessing legislative power, it shall have the power
1334   to:
1335   A. Determine the policies which shall govern this
1336   Association in all of its activities.
1337   B. Enact, amend and repeal the Constitution and
1338   Bylaws.
1339   C. Adopt and amend the Principles of Ethics and
1340   Code of Professional Conduct for governing the
1341   professional conduct of the members.
1342   D. Grant, amend, suspend or revoke charters of
1343   constituent societies. It shall also have the power by a
1344   two-thirds (2/3) affirmative vote of the delegates
1345   present and voting to suspend the representation of a
1346   constituent society in the House of Delegates upon a
1347   determination by the House that the bylaws of the
1348   constituent society violate the Constitution or Bylaws
1349   of this Association providing, however, such
1350   suspension shall not be in effect until the House of




       30                    Bylaws
             CHAPTER V • HOUSE OF DELEGATES



1351   Delegates has voted that the constituent society is in
1352   violation and has one year after notification of the
1353   specific violation in which to correct its constitution
1354   or bylaws.
1355   E. Create special committees of the Association.
1356   F. Establish branch offices of the Association.
1357   G. Approve all memorials, resolutions or opinions
1358   issued in the name of the American Dental
1359   Association.
1360   Section 50. DUTIES: It shall be the duty of the House
1361   of Delegates to:
1362   A. Elect the elective officers.
1363   B. Elect the members of the Board of Trustees.
1364   C. Elect the members of the councils and
1365   commissions except as otherwise provided by these
1366   Bylaws.
1367   D. Receive and act upon reports of the committees of
1368   the House of Delegates.
1369   E. Adopt an annual budget and establish the dues of
1370   active members for the following year.
1371   F. Serve as the court of appeal from decisions of the
1372   Council on Ethics, Bylaws and Judicial Affairs except
1373   those decisions involving discipline of members.
1374   Section 60. TRANSFER OF POWERS AND
1375   DUTIES OF THE HOUSE OF DELEGATES: The
1376   powers and duties of the House of Delegates, except
1377   the power to amend, enact and repeal the Constitution
1378   and Bylaws, and the duty of electing the elective
1379   officers and the members of the Board of Trustees,
1380   may be transferred to the Board of Trustees of this
1381   Association in time of extraordinary emergency. The
1382   existence of a time of extraordinary emergency may
1383   be determined by unanimous consent of the members
1384   of the Board of Trustees present and voting at a
1385   regular or special session. Such extraordinary
1386   emergency may also be determined by mail vote of
1387   the current members of the House of Delegates on
1388   recommendation of at least four (4) of the elective
1389   officers. A mail vote to be valid shall consist of
1390   ballots received from not less than twenty-five
1391   percent (25%) of the current members of the House of
1392   Delegates. A majority of the votes cast within thirty
1393   (30) days after the mailing of the ballot shall decide
1394   the vote.
1395   Section 70. ANNUAL SESSION: The House of
1396   Delegates shall meet annually.
1397   Section 80. SPECIAL SESSIONS: A special session
1398   of the House of Delegates shall be called by the
1399   President on a three-fourths (3/4) affirmative vote of




                             Bylaws                        31
             CHAPTER V • HOUSE OF DELEGATES



1400   the members of the Board of Trustees or on written
1401   request of delegates representing at least one-third
1402   (1/3) of the constituent societies and not less than
1403   one-fifth (1/5) of the number of officially certified
1404   delegates of the last House of Delegates. The time
1405   and place of a special session shall be determined by
1406   the President, provided the time selected shall be not
1407   more than forty-five (45) days after the request was
1408   received. The business of a special session shall be
1409   limited to that stated in the official call except by
1410   unanimous consent.
1411   Section 90. OFFICIAL CALL:
1412   A. ANNUAL SESSION. The Executive Director of
1413   the Association shall direct that an official notice of
1414   the time and place of each annual session be
1415   published in The Journal of the American Dental
1416   Association. The Executive Director of the
1417   Association shall also send an official notice of the
1418   time and place of the annual session to each member
1419   of the House of Delegates at least thirty (30) days
1420   before the opening of such session.
1421   B. SPECIAL SESSION. The Executive Director of
1422   the Association shall send an official notice of the
1423   time and place of each special session and a statement
1424   of the business to be considered to every officially
1425   certified delegate and alternate delegate of the last
1426   House, not less than fifteen (15) days before
1427   the opening of such session.
1428   Section 100. QUORUM: Twenty-five percent (25%)
1429   of the voting members of the House of Delegates,
1430   representing at least twenty-five percent (25%) of the
1431   constituent societies, the American Student Dental
1432   Association and the federal dental services, shall
1433   constitute a quorum for the transaction of business at
1434   any meeting.
1435   Section 110. OFFICERS:
1436   A. SPEAKER AND SECRETARY. The officers of
1437   the House shall be the Speaker of the House of
1438   Delegates and the Secretary of the House of
1439   Delegates. The Executive Director of this Association
1440   shall serve as Secretary of the House of Delegates.
1441     In the absence of the Speaker the office shall be
1442   filled by the President. In the absence of the Secretary
1443   of the House of Delegates the Speaker shall appoint a
1444   Secretary of the House of Delegates pro tem.
1445   B. DUTIES.
1446    a. SPEAKER. The Speaker shall preside at all
1447    meetings of the House of Delegates and, in
1448    accordance with Chapter V, Section 140Bb,
1449    determine the order of business for all meetings
1450    subject to the approval of the House of Delegates,
1451    appoint tellers to assist in determining the result of




       32                    Bylaws
             CHAPTER V • HOUSE OF DELEGATES



1452    any action taken by vote and perform such other
1453    duties as custom and parliamentary procedure
1454    require. The decision of the Speaker shall be final
1455    unless an appeal from such decision shall be made
1456    by a member of the House, in which case final
1457    decision shall be by majority vote. In addition,
1458    following adjournment of the Standing Committee
1459    on Constitution and Bylaws, the Speaker and the
1460    Chair of the Council on Ethics, Bylaws and Judicial
1461    Affairs shall be responsible for reviewing and either
1462    approving or redrafting any new resolutions or
1463    changes to resolutions that propose amendments to
1464    the Constitution and Bylaws, in accordance with
1465    Chapter V, Section 140Ab.
1466    b. SECRETARY. The Secretary of the House of
1467    Delegates shall serve as the recording officer of the
1468    House and the custodian of its records, and shall
1469    cause a record of the proceedings of the House to be
1470    published as the official transactions of the House.
1471   Section 120. ORDER OF BUSINESS: The order of
1472   business shall be that order of business adopted by the
1473   House of Delegates in conformity with Chapter V,
1474   Section 110Ba and Chapter V, Section 140Bb.
1475   Section 130. RULES OF ORDER:
1476   A. STANDING RULES AND REPORTS.
1477    a. REPORTS. All reports of elective officers,
1478    councils and committees, except supplemental
1479    reports, shall be sent to each delegate and alternate
1480    delegate at least fourteen (14) days in advance of the
1481    opening of the annual session. All supplemental
1482    reports shall be distributed to each delegate before
1483    such report is considered by the House of Delegates.
1484    b. APPROPRIATION OF FUNDS. Any resolution
1485    proposing an appropriation of funds, except those
1486    relating to the annual budget, shall be referred to the
1487    Board of Trustees for a report at the same session on
1488    the availability of funds for the purpose specified.
1489    c. APPROVAL OF ANNUAL BUDGET. The
1490    proposed annual budget shall be submitted by the
1491    Board of Trustees to the members of the House of
1492    Delegates at least thirty (30) days prior to the
1493    opening meeting of the annual session, shall be
1494    referred to a special reference committee on budget
1495    for hearings at the annual session and then shall be
1496    considered for approval as a special order of
1497    business at the second meeting of the House of
1498    Delegates. In the event the budget as submitted is
1499    not approved, all recommendations for changes shall
1500    be referred to the Board of Trustees to prepare and
1501    present a revised budget. This procedure shall be
1502    repeated until a budget for the ensuing fiscal year
1503    shall be adopted.
1504    d. APPROVAL OF THE DUES OF ACTIVE
1505    MEMBERS. The dues of active members of this




                             Bylaws                         33
             CHAPTER V • HOUSE OF DELEGATES



1506    Association shall be established by the House of
1507    Delegates as the last item of business at each annual
1508    session. The resolution to establish the dues of
1509    active members for the following year shall be
1510    proposed at each annual session by the Board of
1511    Trustees in conformity with Chapter VII, Section
1512    100F of these Bylaws, may be amended to any
1513    amount and/or reconsidered by the House of
1514    Delegates until a resolution establishing the dues of
1515    active members is adopted by a two-thirds (2/3)
1516    affirmative vote of the delegates present and voting.
1517    e. INTRODUCTION OF NEW BUSINESS. No new
1518    business shall be introduced into the House of
1519    Delegates less than 15 days prior to the opening of
1520    the annual session, unless submitted by a Trustee
1521    District. No new business shall be introduced into
1522    the House of Delegates at the last meeting of a
1523    session except when such new business is submitted
1524    by a Trustee District and is permitted to be
1525    introduced by a two-thirds (2/3) affirmative vote of
1526    the delegates present and voting. The motion
1527    introducing such new business shall not be
1528    debatable. Approval of such new business shall
1529    require a majority vote except new business
1530    introduced at the last meeting of a session that
1531    would require a bylaw amendment cannot be
1532    adopted at such last meeting. Reference committee
1533    recommendations shall not be deemed new business.
1534    f. RESOLUTIONS. A resolution becomes the
1535    property of the American Dental Association when
1536    submitted to the ADA House of Delegates for
1537    consideration. If adopted by the House of Delegates,
1538    this Association shall be the sole owner of the
1539    resolution which shall constitute “work made for
1540    hire” under copyright laws. This Association shall
1541    have the exclusive right to seek copyright
1542    registration for the resolution and to secure
1543    copyrights and retain ownership of such copyrights
1544    in its own name.
1545   B. ADDITIONAL RULES. The rules contained in the
1546   current edition of The Standard Code of
1547   Parliamentary Procedure by Alice Sturgis shall
1548   govern the deliberations of the House of Delegates in
1549   all cases in which they are applicable and not in
1550   conflict with the standing rules or these Bylaws.
1551   Section 140. COMMITTEES: The committees of the
1552   House of Delegates shall be:
1553   A. COMMITTEE ON CONSTITUTION AND
1554   BYLAWS.
1555    a. COMPOSITION. The Committee shall consist of
1556    not more than eight (8) nor less than six (6)
1557    members of the Council on Ethics, Bylaws and
1558    Judicial Affairs of this Association appointed by the
1559    President in consultation with the Speaker of the




       34                   Bylaws
             CHAPTER V • HOUSE OF DELEGATES



1560    House of Delegates and the Council Chair.
1561    b. DUTIES. Prior to the first meeting of each new
1562    session of the House of Delegates, the Committee
1563    shall review all resolutions proposing amendments
1564    to the Constitution and Bylaws and shall either
1565    approve the text of the amendment as written or
1566    shall redraft the resolution to accomplish the intent
1567    of the maker in the form currently used by the
1568    House of Delegates. The Committee shall file a
1569    report of its findings and actions at the first meeting
1570    of the House of Delegates and then shall adjourn.
1571    Thereafter until the House of Delegates adjourns
1572    sine die, the Speaker of the House and the Chair of
1573    the Council on Ethics, Bylaws and Judicial Affairs
1574    shall be responsible for reviewing any new
1575    resolutions or changes to resolutions that propose
1576    amendments to the Constitution and Bylaws, and
1577    they shall either approve the text of the amendment
1578    as written or shall redraft the resolution to
1579    accomplish the intent of the maker in the form
1580    currently used by the House of Delegates.
1581   B. COMMITTEE ON CREDENTIALS, RULES
1582   AND ORDER.
1583    a. COMPOSITION. The Committee, consisting of
1584    nine (9) members from the officially certified
1585    delegates and alternate delegates, shall be appointed
1586    by the President at least sixty (60) days in advance
1587    of each session.
1588    b. DUTIES. It shall be the duty of the Committee (1)
1589    to record and report the roll call of the House of
1590    Delegates at each meeting; (2) to conduct a hearing
1591    on any contest regarding the certification of a
1592    delegate or alternate delegate and to report its
1593    recommendations to the House of Delegates; (3) to
1594    prepare a report, in consultation with the Speaker
1595    and Secretary of the House of Delegates, on matters
1596    relating to the order of business and special rules of
1597    order; (4) to consider all matters referred to
1598    it and report its recommendations to the House of
1599    Delegates.
1600   C. RESOLUTIONS COMMITTEE.
1601    a. COMPOSITION. The Resolutions Committee
1602    shall consist of the Speaker and the Secretary of the
1603    House of Delegates and the chairs of the reference
1604    committees authorized by Subsection D of this
1605    Chapter.
1606    b. DUTIES. The duties of the Resolutions
1607    Committee shall be to examine resolutions after
1608    action by the reference committees and arrange a
1609    sequence for House action based upon the
1610    importance of the resolutions’ subject matter.
1611   D. REFERENCE COMMITTEES.
1612    a. COMPOSITION.          Reference committees,
1613    consisting of nine (9) members from the officially




                            Bylaws                          35
             CHAPTER V • HOUSE OF DELEGATES
            CHAPTER VI • CONFLICT OF INTEREST


1614    certified delegates and alternate delegates, shall be
1615    appointed by the President at least sixty (60) days in
1616    advance of each annual session.
1617    b. DUTIES. It shall be the duty of a reference
1618    committee to consider reports referred to it, to
1619    conduct open hearings and to report its
1620    recommendations to the House of Delegates.
1621   E. SPECIAL COMMITTEES. The Speaker, with the
1622   consent of the House of Delegates, shall appoint
1623   special committees to perform duties not otherwise
1624   assigned by these Bylaws, to serve until adjournment
1625   sine die of the session at which they were appointed.
1626   Section 150. ELECTION PROCEDURE: Elective
1627   officers, members of the Board of Trustees and
1628   members of councils and committees shall be elected
1629   by the House of Delegates except as otherwise
1630   provided in these Bylaws. Voting shall be by ballot,
1631   except that when there is only one candidate for an
1632   office, council or committee, such candidate may be
1633   declared elected by the Speaker. The Secretary shall
1634   provide facilities for voting. The polls shall be open
1635   for at least one and one-half (1-1/2) hours.
1636    a. When one is to be elected, and more than one has
1637    been nominated, the majority of the ballots cast shall
1638    elect. In the event no candidate receives a majority
1639    on the first ballot, the candidate with the fewest
1640    votes shall be removed from the ballot and the
1641    remaining candidates shall be balloted upon again.
1642    This process shall be repeated until one (1)
1643    candidate receives a majority of the votes cast.
1644    b. When more than one is to be elected, and the
1645    nominees exceed the number to be elected, the votes
1646    cast shall be non-cumulative, and the candidates
1647    receiving the greatest number of votes shall be
1648    elected.

            CHAPTER VI • CONFLICT OF INTEREST

1649   It is the policy of this Association that individuals
1650   who serve in elective, appointive or employed offices
1651   or positions do so in a representative or fiduciary
1652   capacity that requires loyalty to the Association. At
1653   all times while serving in such offices or
1654   positions, these individuals shall further the interests
1655   of the Association as a whole. In addition, they shall
1656   avoid:
1657     a. placing themselves in a position where personal or
1658     professional interests may conflict with their duty to
1659     this Association.
1660     b. using information learned through such office or
1661     position for personal gain or advantage.
1662     c. obtaining by a third party an improper gain or
1663     advantage.
1664   As a condition for selection, each nominee, candidate
1665   and applicant shall complete a conflict of interest




       36                    Bylaws
           CHAPTER VI • CONFLICT OF INTEREST
            CHAPTER VII • BOARD OF TRUSTEES


1666   statement as prescribed by the Board of Trustees,
1667   disclosing any situation which might be construed as
1668   placing the individual in a position of having an
1669   interest that may conflict with his or her duty to the
1670   Association. Candidates for offices of President-elect,
1671   Second Vice President, Treasurer, Speaker of the
1672   House, nominees for office of trustee, and nominees
1673   to councils and commissions shall file such
1674   statements with the Secretary of the House of
1675   Delegates to be made available to the delegates prior
1676   to election.       As a condition of appointment,
1677   consultants, advisers and staff of Councils,
1678   Commissions and Special Committees, and each
1679   person nominated or seeking such positions, shall file
1680   conflict of interest statements with the executive
1681   director of this Association.
1682     While serving in any elective, appointive or
1683   employed office or position, the individual shall
1684   comply with the conflict of interest policy applicable
1685   to his or her office or position, shall complete and file
1686   a conflict of interest statement for each year of
1687   service, and shall promptly report any situation in
1688   which a potential conflict of interest may arise.
1689     The Board of Trustees shall approve any additional
1690   compliance activities that will implement the
1691   requirements of this chapter. The Board of Trustees
1692   shall render a final judgment on what constitutes a
1693   conflict of interest.

            CHAPTER VII • BOARD OF TRUSTEES

1694   Section 10. COMPOSITION: The Board of Trustees
1695   shall consist of one (1) trustee from each of the
1696   seventeen (17) trustee districts. Such seventeen (17)
1697   trustees, the President-elect and the two Vice
1698   Presidents shall constitute the voting membership of
1699   the Board of Trustees. In addition, the President, the
1700   Treasurer and the Executive Director of the
1701   Association, except as otherwise provided in the
1702   Bylaws shall be ex officio members of the Board
1703   without the right to vote.
1704   Section 20. QUALIFICATIONS: A trustee must be
1705   an active, life or retired member, in good standing, of
1706   this Association and an active, life or retired member
1707   of one of the constituent societies of the trustee
1708   district which the trustee is elected to represent.
1709   Should the status of any trustee change in regard to
1710   the preceding qualifications during the trustee’s term
1711   of office, that office shall be declared vacant by the
1712   President and the President shall fill such vacancy as
1713   provided in Chapter VII, Section 80, of these Bylaws.
1714   Section 30. TERM OF OFFICE: The term of office of
1715   a trustee shall be four (4) years. The tenure of a
1716   trustee shall be limited to one (1) term of four (4)




                             Bylaws                          37
            CHAPTER VII • BOARD OF TRUSTEES




1717   years.
1718   Section 40. NOMINATION:
1719   A. SINGLE CONSTITUENT DISTRICT. In trustee
1720   districts consisting of a single constituent dental
1721   society, the trustee nomination procedures shall be
1722   determined by an elective process established by the
1723   constituent dental society which shall produce a
1724   single nominee for trustee. Until such time as the
1725   Speaker declares the nominee elected pursuant to
1726   Paragraph A of Section 50 of this Chapter, the
1727   nomination may be reconsidered by the duly
1728   constituted caucus of the trustee district during the
1729   appropriate annual session, provided that at no time
1730   shall more than one nominee be presented by the
1731   trustee district for election. The House of Delegates
1732   may vote to reject any such nominee and thereby
1733   compel the trustee district caucus to select a different
1734   nominee.
1735   B. MULTIPLE CONSTITUENT DISTRICTS. In
1736   multiple constituent districts, the delegates from the
1737   constituent societies of the trustee district in which
1738   the term of the trustee is to terminate, shall hold a
1739   caucus to select a nominee or nominees for the office
1740   of trustee. Such caucus shall be called by the trustee
1741   whose term is about to expire, or by the trustee’s
1742   designee. The notice of the time and place of such
1743   caucus shall be reported to the Secretary of the
1744   House.
1745     At the caucus the delegates shall nominate one (1)
1746   or two (2) candidates for the office of trustee, whose
1747   name or names shall be presented to the House of
1748   Delegates in accordance with the following rules. An
1749   action taken at a duly constituted caucus of the trustee
1750   district to nominate or select a trustee may be
1751   reconsidered at a later caucus during the appropriate
1752   annual session.
1753     a. A person receiving the unanimous vote of the
1754     delegates present and voting at the caucus shall be
1755     the only nominee presented by the district.
1756     b. In the event that one (1) candidate receives a
1757     majority vote, one (1) or more of the delegates
1758     voting in the minority may select another nominee
1759     and the names of both nominees shall be presented
1760     to the House of Delegates as the nominees of that
1761     district.
1762     c. The number of votes received by each nominee in
1763     the caucus shall be reported to the House of
1764     Delegates.
1765   C. NOMINATING PROCEDURE. Candidates for the
1766   office of trustee shall be nominated from the floor of
1767   the House of Delegates by a simple declaratory
1768   statement, which may be followed by an acceptance
1769   speech not to exceed four (4) minutes by the




       38                    Bylaws
            CHAPTER VII • BOARD OF TRUSTEES



1770   candidate from the podium, according to the protocol
1771   established by the Speaker of the House of Delegates.
1772   Seconding a nomination is not permitted.
1773   Section 50. ELECTION: The trustee shall be elected
1774   by the House of Delegates according to the following
1775   rules:
1776   A. If there is only one (1) nominee from a trustee
1777   district, the Speaker shall declare such nominee
1778   elected.
1779   B. If there are two (2) nominees from a trustee
1780   district, the election shall be by ballot in accordance
1781   with Chapter V, Section 150. The nominee receiving
1782   the larger number of votes cast shall be declared
1783   elected. The method of election set forth in this
1784   paragraph shall not be used for any trustee district
1785   consisting of a single constituent dental society. A
1786   trustee district consisting of a single constituent
1787   dental society may present a single nominee to be
1788   elected pursuant to Paragraph A of this Section.
1789   Section 60. INSTALLATION: The trustee shall be
1790   installed by the President or by the President’s
1791   designee.
1792   Section 70. REMOVAL FOR CAUSE: The House of
1793   Delegates may remove a trustee for cause in
1794   accordance with procedures established by the House
1795   of Delegates, which procedures shall provide for
1796   notice of the charges and an opportunity for the
1797   accused to be heard in his or her defense. A two-
1798   thirds (2/3) affirmative vote of the delegates present
1799   and voting is required to remove a trustee from office.
1800   If the House of Delegates elects to remove the trustee,
1801   that action shall create a vacancy on the Board of
1802   Trustees which shall be filled in accordance with
1803   Chapter VII, Section 80.
1804   Section 80. VACANCY: In the event of a vacancy in
1805   the office of trustee, an active, life or retired member
1806   may be appointed by the President to fill the
1807   unexpired term of the vacancy. The appointment shall
1808   be made by the President with the advice and consent
1809   of the former trustee’s district. A trustee district may
1810   file rules with the Association’s Executive Director
1811   setting forth how its nominee shall be chosen. In the
1812   event an appointment to fill the vacancy has not been
1813   made by the time of the next meeting of the House of
1814   Delegates following the occurrence of the vacancy,
1815   then a successor trustee shall be elected for the
1816   remainder of the unexpired term by the House of
1817   Delegates pursuant to the provisions of Chapter VII,
1818   Sections 40 and 50 of these Bylaws. If the term of the
1819   vacated trustee position has less than fifty percent
1820   (50%) of a full four-year term remaining at the time
1821   the successor trustee is appointed or elected, the
1822   successor trustee shall be eligible for election to a




                             Bylaws                         39
            CHAPTER VII • BOARD OF TRUSTEES



1823   new, consecutive four-year term. If fifty percent
1824   (50%) or more of the vacated term remains to be
1825   served at the time of the appointment or election, the
1826   successor trustee shall not be eligible for another
1827   term.
1828   Section 90. POWERS: The Board of Trustees shall be
1829   the managing body of the Association, vested with
1830   full power to:
1831   A. Conduct all business of the Association, subject to
1832   the laws of the State of Illinois, the Articles of
1833   Incorporation, the Constitution and Bylaws and the
1834   mandates of the House of Delegates. The power of
1835   the Board of Trustees to act as the managing body of
1836   the Association shall not be construed as limiting the
1837   power of the House of Delegates to establish policy
1838   with respect to the governance of this Association in
1839   all its activities, except for areas expressly
1840   reserved in these Bylaws as powers and/or duties of
1841   the Board of Trustees, as the same may be amended
1842   by the House of Delegates from time to time in
1843   accordance with these Bylaws.
1844   B. Establish rules and regulations not inconsistent
1845   with these Bylaws to govern its organization and
1846   procedure.
1847   C. Direct the President to call a special session of the
1848   House of Delegates as provided in Chapter V, Section
1849   80, of the Bylaws.
1850   D. Cause to be published in, or to be omitted from,
1851   any official publication of the Association any article
1852   in whole or in part.
1853   E. Establish ad interim policies when the House of
1854   Delegates is not in session and when such policies are
1855   essential to the management of the Association
1856   provided, however, that all such policies must be
1857   presented for review and consideration by the House
1858   of Delegates at its next session.
1859   F. Remove a council member for cause in accordance
1860   with procedures established by the Board of Trustees
1861   in its Rules.
1862   G. Elect honorary members.
1863   H. Appoint its members to committees that shall have
1864   the power to perform any duty that the Board of
1865   Trustees may lawfully delegate.
1866   I. Supervise, monitor and guide, on an interim basis,
1867   the activities of all councils and special committees in
1868   order to ensure the fulfillment of initiatives and
1869   directives assigned to each council or special
1870   committee by the House of Delegates or Board of
1871   Trustees subject to the requirement that all interim
1872   actions of the Board must be approved by the House
1873   of Delegates.




       40                    Bylaws
            CHAPTER VII • BOARD OF TRUSTEES



1874   J. Transact its business in accordance with the laws of
1875   the State of Illinois by unanimous consent via mail
1876   ballot, including electronic mail; to authorize the
1877   councils, commissions and committees of this
1878   Association to transact their business by mail ballot;
1879   and to establish rules and procedures for itself and for
1880   councils, commissions and committees of this
1881   Association to govern the use of ballots circulated and
1882   returned by U.S. mail, overnight courier, facsimile
1883   transmission or electronic mail.
1884   K. Appoint agents and/or other representatives for the
1885   purpose of supervising, managing and otherwise
1886   conducting business under its direction and in
1887   accordance with these Bylaws and the laws of the
1888   State of Illinois. No such appointment shall relieve
1889   the Board of Trustees of its fiduciary duties as the
1890   managing body of the Association as provided in
1891   these Bylaws.
1892   Section 100. DUTIES: It shall be the duty of the
1893   Board of Trustees to:
1894   A. Provide for the purchase, sale, mortgage,
1895   maintenance and supervision of the Headquarters
1896   Office and all other property or offices owned or
1897   operated by this Association.
1898   B. Appoint the Executive Director and an interim
1899   Executive Director of the Association.
1900   C. Determine the date and place for convening each
1901   annual session and provide for the management and
1902   general arrangements for each annual session as
1903   provided in Chapter XV, Section 30.
1904   D. Cause to be bonded by a surety company the
1905   Treasurer, the Executive Director and employees of
1906   the Association entrusted with Association funds.
1907   E. Provide guidelines and directives to govern the
1908   Treasurer’s custody, investment and disbursement of
1909   Association funds and other property as provided in
1910   Chapter VIII, Section 90F, of these Bylaws; and to
1911   cause all accounts of the Association to be audited by
1912   a certified public accountant at least once a year.
1913   F. Prepare a budget for carrying on the activities of
1914   the Association for each ensuing fiscal year, and
1915   present for action by each House of Delegates a
1916   resolution setting forth the proposed dues of active
1917   members for the following year. Notice of such a
1918   resolution shall be sent by a certifiable method of
1919   delivery to each constituent society not less than
1920   ninety (90) days before such session to permit
1921   prompt, adequate notice by each constituent society to
1922   its delegates and alternate delegates to the House of
1923   Delegates of this Association, and shall be announced
1924   to the general membership in an official publication
1925   of the Association at least sixty (60) days in advance




                             Bylaws                         41
            CHAPTER VII • BOARD OF TRUSTEES



1926   of the annual session.
1927   G. Establish recommended qualifications for the
1928   office of Treasurer.
1929   H. Submit to the House of Delegates at the opening
1930   meeting of the annual session, in printed form,
1931   nominations for membership to the councils, except
1932   as otherwise provided in these Bylaws.
1933   I. Appoint annually the chair of each council, except
1934   as otherwise provided in these Bylaws, and to act
1935   upon council, commission, and bureau nominations
1936   for consultants and advisers except as otherwise
1937   provided in these Bylaws.
1938   J. Provide interim guidance and supervision to all
1939   councils and special committees in order to ensure the
1940   fulfillment of initiatives and directives assigned to
1941   each council or special committee by the House of
1942   Delegates or Board of Trustees.
1943   K. Review the reports of councils and special
1944   committees of the Association and to make
1945   recommendations concerning such reports to the
1946   House of Delegates.
1947   L. Act upon applications for active membership from
1948   applicants practicing in dependencies of the United
1949   States in which no constituent society exists or in
1950   federal dental services.
1951   M. Submit an annual report to the House of Delegates
1952   of its activities and those of the Treasurer and
1953   Executive Director.
1954   N. Review the delegate allocations to the House of
1955   Delegates as provided in Chapter V, Section 10C, of
1956   these Bylaws.
1957   O. Elect associate members.
1958   P. Establish other funds as divisions of the General
1959   Fund in accordance with the provisions of Chapter
1960   XVII, Section 30.
1961   Q. Appoint special committees of the Association in
1962   accordance with Chapter XI, Section 10 of these
1963   Bylaws.
1964   R. Perform such other duties as are prescribed by
1965   these Bylaws.
1966   S. Establish such administrative agencies of this
1967   Association as may be necessary to implement the
1968   Association’s programs, to assign the duties of such
1969   agencies through the Executive Director of the
1970   Association under whose jurisdiction each shall
1971   operate, and to require reports of such agencies
1972   through the same channels.
1973   Section 110. SESSIONS:




       42                   Bylaws
            CHAPTER VII • BOARD OF TRUSTEES



1974   A. REGULAR SESSIONS. The Board of Trustees
1975   shall hold a minimum of three regular sessions each
1976   year. The number of actual regular meetings to be
1977   held in excess of three for the ensuing year shall be
1978   determined in advance by the Board of Trustees.
1979   B. SPECIAL SESSIONS. Special sessions of the
1980   Board of Trustees may be called at any time either by
1981   the President or at the request of five voting members
1982   of the Board, provided notice is given to each
1983   member in advance of the session.
1984   C. PLACE OF MEETINGS: Regular or special
1985   meetings may be held in a single geographic location
1986   or from multiple remote locations through the use of a
1987   conference telephone or other communications
1988   equipment. Special meetings held through the use of
1989   a conference telephone or other communications
1990   equipment may be called by the President or at the
1991   request of five voting members of the Board of
1992   Trustees for matters of the Association requiring
1993   immediate attention. Such meetings shall be
1994   conducted in accordance with rules and procedures
1995   established by the Board of Trustees.
1996   Section 120. QUORUM: A majority of the voting
1997   members of the Board of Trustees shall constitute a
1998   quorum.
1999   Section 130. OFFICERS:
2000   A. CHAIR AND SECRETARY. The officers of the
2001   Board of Trustees shall be the President of the
2002   Association who shall be the Chair, and the Executive
2003   Director of the Association who shall be the
2004   Secretary.
2005    In the absence of the President, the office of Chair
2006   shall be filled by the President-elect and, in his or her
2007   absence, by the First or Second Vice President in that
2008   order and, in their absence, a voting member of the
2009   Board shall be elected Chair pro tem.
2010    In the absence of the Secretary, the Chair shall
2011   appoint a Secretary pro tem.
2012   B. DUTIES.
2013    a. CHAIR. The Chair shall preside at all meetings of
2014    the Board of Trustees. The Chair shall cast the
2015    deciding vote in case of a tie.
2016    b. SECRETARY. The Secretary shall serve as the
2017    recording officer of the Board of Trustees and as the
2018    custodian of its records. The Secretary shall cause a
2019    factual record of the proceedings to be published as
2020    the official transactions of the Board.
2021   Section 140. COMMITTEES: The Board of Trustees
2022   shall have a standing New Dentist Committee. The
2023   Committee shall consist of one (1) member from each
2024   trustee district who are active members selected by
2025   the Board of Trustees and confirmed by the House of




                             Bylaws                          43
            CHAPTER VII • BOARD OF TRUSTEES




2026   Delegates. Members of the Committee shall have
2027   received their D.D.S. or D.M.D. degree less than ten
2028   (10) years before the time of selection. The chair of
2029   the Committee shall be appointed annually by the
2030   Board of Trustees.
2031      Members of the Committee shall serve one (1) term
2032   of four (4) years. The Board of Trustees shall stagger
2033   the terms of the members of the Committee in a
2034   manner so four (4) members will complete their terms
2035   each year, except every fourth year when five (5)
2036   members shall complete their terms.
2037     The Board of Trustees shall have the power to
2038   remove a Committee member for cause in accordance
2039   with procedures established by the Board in its Rules.
2040   In the event of any vacancy on the Committee, the
2041   Board of Trustees shall select a member of this
2042   Association possessing the same qualifications as
2043   established by these Bylaws for the previous member,
2044   to fill such vacancy for the remainder of the
2045   unexpired term. If the term of the vacated Committee
2046   position has less than fifty percent (50%) of a full
2047   four-year term remaining at the time the successor
2048   member is selected, the successor member shall be
2049   eligible for selection to a new, consecutive four-year
2050   term. If fifty percent (50%) or more of the vacated
2051   term remains to be served at the time of selection, the
2052   successor member shall not be eligible for another
2053   term.
2054     The New Dentist Committee’s work shall be
2055   assigned by the Board of Trustees, and reports and
2056   proposals formulated by the Committee shall be
2057   referred to the Board for decision and action. The
2058   duties of the Committee shall be to:
2059     a. Provide the Board of Trustees with expertise on
2060     issues affecting new dentists.
2061     b. Advocate to the Board of Trustees, other agencies
2062     of this Association and the tripartite dental societies
2063     the perspectives of the new dentist in the
2064     development of policies, programs, benefits and
2065     services of the Association.
2066     c. Identify the needs and concerns of new graduate
2067     dentists and make recommendations for any
2068     programs to assist with their transition to practice.
2069     d. Enhance member value, encourage involvement
2070     and active participation, and build a community of
2071     new dentists in organized dentistry.
2072     e. Serve as ex officio members, without the power to
2073     vote, of councils and commissions of this
2074     Association on issues affecting new dentists; these
2075     appointments will be recommended by the
2076     Committee and assigned by the Board of Trustees.
2077     f. Facilitate the development of constituent and
2078     component new dentist committees and provide
2079     resources to assist constituent and component dental
2080     societies in meeting the needs of new dentists.




       44                    Bylaws
            CHAPTER VII • BOARD OF TRUSTEES
            CHAPTER VIII • ELECTIVE OFFICERS


2081    g. Enhance the development of future leaders by
2082    providing and promoting leadership development
2083    opportunities and training for new dentists.

            CHAPTER VIII • ELECTIVE OFFICERS

2084   Section 10. TITLE: The elective officers of this
2085   Association shall be President, President-elect, First
2086   Vice President, Second Vice President, Treasurer and
2087   Speaker of the House of Delegates, as provided in
2088   Article V of the Constitution.
2089   Section 20. ELIGIBILITY: Only an active, life or
2090   retired member, in good standing, of this Association
2091   shall be eligible to serve as an elective officer.
2092   Trustees and elective officers may not apply for the
2093   office of Treasurer while serving in any of those
2094   offices, except that the Treasurer may apply for a
2095   second term pursuant to Chapter VIII, Section 50 of
2096   these Bylaws.
2097   Section 30. NOMINATIONS:
2098   A. Nominations for the offices of President-elect,
2099   Second Vice President and Speaker of the House shall
2100   be made in accordance with the order of business.
2101   Candidates for these elective offices shall be
2102   nominated from the floor of the House of Delegates
2103   by a simple declaratory statement, which may be
2104   followed by an acceptance speech not to exceed four
2105   (4) minutes by the candidate from the podium,
2106   according to the protocol established by the Speaker
2107   of the House of Delegates. Seconding a nomination is
2108   not permitted.
2109   B. Nominations for the office of Treasurer shall be
2110   made in accordance with the order of business. The
2111   search for Treasurer shall be announced in an official
2112   publication of the Association in November of the
2113   final year of the incumbent Treasurer’s term, together
2114   with the recommended qualifications for that position
2115   as provided in Chapter VII, Section 100G of these
2116   Bylaws. Candidates for the office of Treasurer shall
2117   apply by submitting a standardized Treasurer
2118   Curriculum Vitae form to the Executive Director at
2119   least one hundred twenty (120) days prior to the
2120   convening of the House of Delegates. Each
2121   candidate’s application shall be reviewed by the
2122   Board of Trustees. The Executive Director shall
2123   provide all members of the House of Delegates, at
2124   least sixty (60) days prior to the convening of the
2125   House of Delegates, with each candidate’s
2126   standardized Treasurer Curriculum Vitae and the
2127   determination of the Board of Trustees as to whether
2128   the candidate meets the recommended qualifications
2129   for the office of Treasurer. Only those candidates
2130   shall be nominated from the floor of the House of
2131   Delegates. The nominations may be followed by an




                            Bylaws                        45
            CHAPTER VIII • ELECTIVE OFFICERS




2132   acceptance speech not to exceed four (4) minutes by
2133   each candidate from the podium, according to the
2134   protocol established by the Speaker of the House of
2135   Delegates. Seconding a nomination is not permitted.
2136   No further nominations for the office of Treasurer
2137   shall be accepted from the floor of the House of
2138   Delegates. If there are no eligible candidates for the
2139   office of Treasurer when the House of Delegates
2140   meets, the term of the incumbent Treasurer shall be
2141   extended by one (1) year. Should the incumbent
2142   Treasurer be unwilling or unable to serve an
2143   additional one (1) year term, the office of Treasurer
2144   shall be filled in the same manner as provided in
2145   Chapter VIII, Section 80 of these Bylaws. Under these
2146   circumstances, former Treasurers of this Association
2147   would be eligible to serve as Treasurer pro tem for
2148   one (1) additional year.
2149   Section 40. ELECTIONS: The elective officers shall
2150   be elected in accordance with Chapter V, Section 150.
2151   Section 50. TERM OF OFFICE: The President,
2152   President-elect, First Vice President, Second Vice
2153   President and Speaker of the House of Delegates shall
2154   serve for a term of one (1) year, except as otherwise
2155   provided in this chapter of the Bylaws, or until their
2156   successors are elected and installed. The term of
2157   office of the Treasurer shall be three (3) years, or
2158   until a successor is elected and installed. The
2159   Treasurer shall be limited to two (2) consecutive
2160   terms of three (3) years each, excepting the case of a
2161   former Treasurer who has been elected Treasurer pro
2162   tem as provided in Chapter VIII, Section 30 of these
2163   Bylaws, who may serve one (1) additional year.
2164   Section 60. INSTALLATION: The elective officers
2165   shall be installed at the last meeting of the annual
2166   session of the House of Delegates. The President-
2167   elect shall be installed as President at the next annual
2168   session of the House following election. The Second
2169   Vice President shall be installed as First Vice
2170   President at the next annual session of the House
2171   following election.
2172   Section 70. REMOVAL FOR CAUSE: The House of
2173   Delegates may remove an elective officer for cause in
2174   accordance with procedures established by the House
2175   of Delegates, which shall include notice of the
2176   charges and an opportunity for the accused to be
2177   heard in his or her defense. A two-thirds (2/3)
2178   affirmative vote of the delegates present and voting is
2179   required to remove an elective officer from office. If
2180   the House of Delegates elects to remove the elective
2181   officer, that action shall create a vacancy which shall
2182   be filled in accordance with Chapter VIII, Section 80.
2183   Section 80. VACANCIES:




       46                    Bylaws
            CHAPTER VIII • ELECTIVE OFFICERS



2184   A. VACANCY OF ELECTIVE OFFICE: In the event
2185   the office of President becomes vacant, the President-
2186   elect shall become President for the unexpired portion
2187   of the term. In the event the office of President
2188   becomes vacant for the second time in the same term
2189   or at a time when the office of President-elect is also
2190   vacant, the First Vice President shall become
2191   President for the unexpired portion of the term. In the
2192   event the office of First Vice President becomes
2193   vacant, the Second Vice President shall become the
2194   First Vice President for the unexpired portion of the
2195   term. A vacancy in the office of the Second Vice
2196   President shall be filled by a majority vote of the
2197   Board of Trustees. In the event of a vacancy in the
2198   office of Speaker of the House of Delegates, the
2199   President, with approval of the Board of Trustees,
2200   shall appoint a Speaker pro tem. In the event
2201   the office of President-elect becomes vacant by
2202   reason other than the President-elect succeeding to
2203   the office of the President earlier than the next annual
2204   session, the office of President for the ensuing year
2205   shall be filled at the next annual session of the House
2206   of Delegates in the same manner as that provided for
2207   the nomination and election of elective officers,
2208   except that the ballot shall read “President for the
2209   Ensuing Year.” A vacancy in the office of Treasurer
2210   shall be filled by a majority vote of the Board of
2211   Trustees until the process of inviting applications,
2212   screening and nominating candidates and electing a
2213   new Treasurer has been completed by the Board of
2214   Trustees and the House of Delegates. The Treasurer
2215   pro tem shall be eligible for election to a new
2216   consecutive three (3) year term. The newly elected
2217   Treasurer shall be limited to two (2) consecutive
2218   terms of three (3) years each, excepting the case of a
2219   former Treasurer who has been elected Treasurer pro
2220   tem as provided in Chapter VIII, Section 30 of these
2221   Bylaws, who may serve one (1) additional year.
2222   B. TEMPORARY INCAPACITY OF THE
2223   PRESIDENT: Whenever the President notifies the
2224   Board of Trustees that he or she is unable to discharge
2225   the duties of the office of President due to temporary
2226   incapacity, the President-elect shall assume the duties
2227   of the office of President, as Acting President, until
2228   the President notifies the Board of Trustees that he or
2229   she is prepared to resume the duties of the office of
2230   President. Whenever the voting members of the
2231   Board of Trustees of this Association determine by
2232   majority vote that the President is unable to discharge
2233   the duties of his or her office due to temporary
2234   incapacity, the President-elect shall assume the duties
2235   of the office of President, as Acting President, until
2236   the President satisfies the voting members of the
2237   Board of Trustees that he or she is prepared to resume
2238   the duties of the office of President.




                             Bylaws                         47
             CHAPTER VIII • ELECTIVE OFFICERS



2239   Section 90. DUTIES:
2240   A. PRESIDENT. It shall be the duty of the President
2241   to:
2242     a. Serve as the primary official representative of this
2243     Association in its contacts with governmental, civic,
2244     business and professional organizations for the
2245     purpose of advancing the objectives and policies of
2246     this Association.
2247     b. Serve as Chair and ex officio member of the
2248     Board of Trustees and to perform such duties as are
2249     provided in Chapters V and VII of these Bylaws.
2250     c. Call special sessions of the House of Delegates
2251     and the Board of Trustees as provided in Chapters V
2252     and VII of these Bylaws.
2253     d. Appoint the members of all committees of the
2254     House of Delegates except as otherwise provided in
2255     these Bylaws.
2256     e. Fill vacancies in the office of trustee as provided
2257     in Chapter VII, Section 80, of these Bylaws and to
2258     fill other vacancies in accordance with these Bylaws.
2259     f. Submit an annual report to the House of
2260     Delegates.
2261     g. Perform such other duties as may be provided in
2262     these Bylaws.
2263   B. PRESIDENT-ELECT. It shall be the duty of the
2264   President-elect to:
2265    a. Assist the President as requested.
2266    b. Serve as an ex officio member of the House of
2267    Delegates without the right to vote.
2268    c. Serve as an ex officio member of the Board of
2269    Trustees.
2270    d. Succeed to the office of President at the next
2271    annual session of the House of Delegates following
2272    election as President-elect.
2273    e. Succeed immediately to the office of President in
2274    the event of vacancy not only for the unexpired term
2275    but also for the succeeding year.
2276   C. FIRST VICE PRESIDENT. It shall be the duty of
2277   the First Vice President to:
2278    a. Assist the President as requested.
2279    b. Serve as an ex officio member of the House of
2280    Delegates without the right to vote.
2281    c. Serve as an ex officio member of the Board of
2282    Trustees.
2283    d. Succeed to the office of President, as provided in
2284    this chapter of the Bylaws.
2285   D. SECOND VICE PRESIDENT. It shall be the duty
2286   of the Second Vice President to:
2287    a. Assist the President as requested.
2288    b. Serve as an ex officio member of the House of
2289    Delegates without the right to vote.
2290    c. Serve as an ex officio member of the Board of
2291    Trustees.
2292    d. Succeed to the office of First Vice President at the




       48                    Bylaws
            CHAPTER VIII • ELECTIVE OFFICERS
            CHAPTER IX • APPOINTIVE OFFICER


2293    next annual session of the House of Delegates
2294    following election as Second Vice President.
2295    e. Succeed immediately to the office of First Vice
2296    President in the event of vacancy not only for the
2297    unexpired term but also for the succeeding term.
2298   E. SPEAKER OF THE HOUSE OF DELEGATES.
2299   The Speaker shall preside at the meetings of the
2300   House of Delegates and shall perform such duties as
2301   custom and parliamentary procedure require. The
2302   Speaker shall not be a member of the Board of
2303   Trustees.
2304   F. TREASURER. It shall be the duty of the Treasurer
2305   to:
2306     a. Serve as custodian of all monies, securities and
2307     deeds belonging to the Association which may come
2308     into the Treasurer’s possession.
2309     b. Hold, invest and disburse all monies, securities
2310     and deeds, subject to the direction of the Board of
2311     Trustees.
2312     c. Design a budgetary process in concert with the
2313     Board of Trustees.
2314     d. Oversee Association finances and budget
2315     development.
2316     e. Serve as the principal resource person for the
2317     budget reference committee in the House of
2318     Delegates and to help interpret the Association’s
2319     finances for the membership.
2320     f. Review all financial information and data and
2321     report on financial matters to the Board of Trustees
2322     on a quarterly basis.
2323     g. Review travel reimbursement for the elective
2324     officers, trustees and Executive Director.
2325     h. Perform such other duties as may be provided in
2326     these Bylaws.

            CHAPTER IX • APPOINTIVE OFFICER

2327   Section 10. TITLE: The appointive officer of this
2328   Association shall be an Executive Director, as
2329   provided in Article V of the Constitution.
2330   Section 20. APPOINTMENTS: While any active, life
2331   or retired member in good standing may be appointed
2332   to the office of Executive Director, the Board of
2333   Trustees may appoint a qualified individual who is
2334   not eligible for membership in this Association.
2335   Section 30. TERM OF OFFICE AND SALARY: The
2336   Board of Trustees shall determine the salary, if any,
2337   and the tenure of the Executive Director, which shall
2338   not exceed three (3) years. The completion of the full
2339   term of any appointment shall be at the discretion of
2340   the Board of Trustees.
2341   Section 40. DUTIES: The Executive Director shall be




                            Bylaws                        49
             CHAPTER IX • APPOINTIVE OFFICER
                 CHAPTER X • COUNCILS



2342   the principal agent of the Board of Trustees and
2343   elective officers. As agent and under the direction of
2344   the Board of Trustees and elective officers, the
2345   Executive Director shall be the chief operating officer
2346   of this Association and all its branches. In this
2347   capacity, the Executive Director shall (a) preserve and
2348   protect the Constitution and Bylaws and the standing
2349   rules of this Association; (b) facilitate the activities of
2350   the officers and trustees of this Association in
2351   carrying out their respective administrative
2352   responsibilities under these Bylaws; (c) engage the
2353   staff of this Association and direct and coordinate
2354   their activities; (d) provide leadership in the
2355   formulation      and    recommendation         of      new
2356   policies to the Board of Trustees and elective officers;
2357   (e) oversee the management of Association policies
2358   that have been adopted by the Board of Trustees
2359   and/or the House of Delegates; (f) assist the Board of
2360   Trustees in supervising, monitoring and providing
2361   guidance to all Association councils, commissions
2362   and committees in regard to their administrative
2363   functions and specific assignments, and to
2364   systematize the preparation of their reports, and to
2365   encourage the exchange of information concerning
2366   mutual interests and issues between councils,
2367   committees and commissions; (g) maintain effective
2368   internal and external relationships through frequent
2369   and comprehensive communication with all officers
2370   and trustees of this Association, the leadership of
2371   related dental organizations, and representatives from
2372   other leading public and private organizations that
2373   interact with this Association; and (h) perform such
2374   other duties as are prescribed by these Bylaws.
2375   Section 50. VACANCY: Upon the occurrence of a
2376   vacancy in the office of Executive Director, an
2377   interim Executive Director, whose duties shall be as
2378   defined in Section 40 of this Chapter, shall be
2379   appointed by the Board of Trustees within forty-five
2380   (45) days of such vacancy occurring. Any active, life
2381   or retired member in good standing may be appointed
2382   to serve as interim Executive Director. But, the Board
2383   of Trustees may appoint any qualified individual who
2384   is not eligible for membership in the Association,
2385   except that any current officer or member of the
2386   Board of Trustees shall not be eligible for such
2387   appointment. The interval of service and salary, if
2388   any, of the interim Executive Director shall be at the
2389   discretion of the Board of Trustees.

                     CHAPTER X • COUNCILS

2390   Section 10. NAME: The councils of this Association
2391   shall be:
2392    Council on Access, Prevention and Interprofessional




       50                     Bylaws
                    CHAPTER X • COUNCILS



2393     Relations
2394    Council on ADA Sessions
2395    Council on Communications
2396    Council on Dental Benefit Programs
2397    Council on Dental Education and Licensure
2398    Council on Dental Practice
2399    Council on Ethics, Bylaws and Judicial Affairs
2400    Council on Government Affairs
2401    Council on Members Insurance and Retirement
2402     Programs
2403    Council on Membership
2404    Council on Scientific Affairs
2405   Section 20.  MEMBERS,      SELECTIONS,
2406   NOMINATIONS AND ELECTIONS:
2407   A. The composition of the councils of this
2408   Association shall be as follows: In addition, a council
2409   may request an additional member who shall be a
2410   nonpracticing dentist member appointed in
2411   accordance with Chapter I, Section 20Db of these
2412   Bylaws.
2413   Council on Access, Prevention and Interprofessional
2414   Relations shall be composed of nineteen (19)
2415   members, one (1) member from each trustee district
2416   whose terms of office shall be staggered in such a
2417   manner that four (4) members will complete their
2418   terms each year except every fourth year when five
2419   (5) members shall complete their terms. In addition,
2420   there shall be one (1) member who is a physician and
2421   one (1) member who is a health care facility
2422   administrator nominated by the Board of Trustees.
2423   Council on ADA Sessions shall be composed of
2424   nineteen (19) members, one (1) member from each
2425   trustee district whose terms of office shall be
2426   staggered in such a manner that four (4) members will
2427   complete their terms each year except every fourth
2428   year when five (5) members shall complete their
2429   terms. In addition, the General Chair of the Local
2430   Arrangements Committee for the current year and the
2431   General Chair-elect for the succeeding year shall
2432   serve as ex officio members with the right to vote and
2433   shall not be eligible to serve as Council Chair.
2434   Council on Communications shall be composed of
2435   seventeen (17) members, one (1) member from each
2436   trustee district whose terms of office shall be
2437   staggered in such a manner that four (4) members will
2438   complete their terms each year except every fourth
2439   year when five (5) members shall complete their
2440   terms.
2441   Council on Dental Benefit Programs shall be
2442   composed of seventeen (17) members, one (1)
2443   member from each trustee district whose terms of
2444   office shall be staggered in such a manner that four
2445   (4) members will complete their terms each year




                            Bylaws                         51
                    CHAPTER X • COUNCILS



2446   except every fourth year when five (5) members shall
2447   complete their terms.
2448   Council on Dental Education and Licensure shall be
2449   composed of sixteen (16) members selected as
2450   follows:
2451    a. Nominations and Selection.
2452    (1) Eight (8) members shall be nominated by the
2453    Board of Trustees on a rotational system by trustee
2454    district from the active, life or retired members of
2455    this Association, no one of whom shall be a full-
2456    time member of a faculty of a school of dentistry, a
2457    current dental examiner or member of a state or
2458    regional testing agency, state board of dentistry or
2459    jurisdictional dental licensing agency. A person
2460    shall be considered to be a full-time member of a
2461    faculty if he or she works for the school of dentistry
2462    more than two (2) days or sixteen (16) hours per
2463    week.*
2464    (2) Four (4) members who are active, life or retired
2465    members of this Association shall be selected by the
2466    American Association of Dental Boards from the
2467    active membership of that body, no one of whom
2468    shall be a member of a faculty of a school of
2469    dentistry.
2470    (3) Four (4) members who are active, life or retired
2471    members of this Association shall be selected by the
2472    American Dental Education Association from its
2473    active membership. These members shall hold
2474    positions of professorial rank in dental schools
2475    accredited by the Commission on Dental
2476    Accreditation and shall not be current dental
2477    examiners or members of any state or regional
2478    testing agency, state board of dentistry or
2479    jurisdictional dental licensing agency.
2480    b. Election. The eight (8) members of the Council
2481    on Dental Education and Licensure nominated by
2482    the Board of Trustees shall be elected by the House
2483    of Delegates from nominees selected in accordance
2484    with this section.
2485    c. Committees. The Council on Dental Education
2486    and Licensure shall establish a standing Committee
2487    on Dental Education and a standing Committee on
2488    Licensure, each consisting of eight (8) members
2489    selected by the Council. The Council may establish
2490    additional committees when they are deemed
2491    essential to carry out the duties of this Council.
2492   Council on Dental Practice shall be composed of

       * The change in the composition of the Council shall
       commence with the 2010 term. Council members
       elected by the House of Delegates who are in office
       shall finish their terms in accordance with their
       scheduled completion dates. This footnote shall
       expire at the adjournment sine die of the 2014 House
       of Delegates.



       52                   Bylaws
                    CHAPTER X • COUNCILS



2493   seventeen (17) members, one (1) member from each
2494   trustee district whose terms of office shall be
2495   staggered in such a manner that four (4) members will
2496   complete their terms each year except every fourth
2497   year when five (5) members shall complete their
2498   terms.
2499   Council on Ethics, Bylaws and Judicial Affairs shall
2500   be composed of seventeen (17) members, one (1)
2501   member from each trustee district whose terms of
2502   office shall be staggered in such a manner that four
2503   (4) members will complete their terms each year
2504   except every fourth year when five (5) members shall
2505   complete their terms.
2506   Council on Government Affairs shall be composed of
2507   eighteen (18) members, one (1) member from each
2508   trustee district whose terms of office shall be
2509   staggered in such a manner that four (4) members will
2510   complete their terms each year except every fourth
2511   year when five (5) members shall complete their
2512   terms. In addition, the chair of the political action
2513   committee shall be an ex officio member of the
2514   Council without the power to vote. Consideration
2515   shall be given to a candidate’s experience in the
2516   military or other federal dental services. Members of
2517   the Council shall not be in the full-time employ of the
2518   federal government. Individuals called to active duty
2519   from the military reserves or national guard forces,
2520   providing such active duty has not been requested by
2521   the individual, shall not be considered to be in the
2522   full-time employ of the federal government.
2523   Council on Members Insurance and Retirement
2524   Programs shall be composed of seventeen (17)
2525   members, one (1) member from each trustee district
2526   whose terms of office shall be staggered in such a
2527   manner that four (4) members will complete their
2528   terms each year except every fourth year when five
2529   (5) members shall complete their terms.
2530   Council on Membership shall be composed of
2531   seventeen (17) members, one (1) member from each
2532   trustee district whose terms of office shall be
2533   staggered in such a manner that four (4) members will
2534   complete their terms each year except every fourth
2535   year when five (5) members shall complete their
2536   terms.
2537   Council on Scientific Affairs shall be composed of
2538   sixteen (16) members who shall be selected from
2539   nominations open to all trustee districts, and the
2540   current recipient of the Gold Medal Award for
2541   Excellence in Dental Research.
2542   B. Nominations for all councils shall be made by the
2543   Board of Trustees except as otherwise provided in
2544   these Bylaws. The Board of Trustees shall adhere to
2545   the systems of nominations provided in Chapter X,




                            Bylaws                         53
                    CHAPTER X • COUNCILS



2546   Section 20A of these Bylaws.* The House of
2547   Delegates may make additional nominations pursuant
2548   to the systems for council nominations provided in
2549   Chapter X, Section 20A of these Bylaws. The elective
2550   and appointive officers and the trustees of this
2551   Association shall not serve as members of councils.
2552   Members of councils shall be elected by the House of
2553   Delegates in accordance with Chapter V, Section 150
2554   except as otherwise provided in these Bylaws.
2555   C. REMOVAL FOR CAUSE. The Board of Trustees
2556   may remove a council member for cause in
2557   accordance with procedures established by the Board
2558   of Trustees, which procedures shall provide for notice
2559   of the charges, including allegations of the conduct
2560   purported to constitute each violation, and a decision
2561   in writing which shall specify the findings of fact
2562   which substantiate any and all of the charges, and that
2563   prior to issuance of the decision of the Board of
2564   Trustees, no council member shall be excused from
2565   attending any meeting of a council unless there is an
2566   opportunity to be heard or compelling reasons exist
2567   which are specified in writing by the Board of
2568   Trustees.
2569   Section 30. ELIGIBILITY:
2570   A. All members of councils must be active, life,
2571   retired or nonpracticing dentist members in good
2572   standing of this Association except as otherwise
2573   provided in these Bylaws.
2574   B. No member of a council may serve concurrently as
2575   a member of another council or commission.
2576   C. A member of the Council on Dental Education and
2577   Licensure who was selected by the American
2578   Association of Dental Boards and who is no longer an
2579   active member of the American Association of Dental
2580   Boards, may continue as a member of the Council for
2581   the balance of that member’s term.
2582   D. When a member of the Council on Dental
2583   Education and Licensure who was selected by the

       * In order to establish the required pattern of four,
       four, four and five members respectively retiring from
       councils and commissions each year, members of
       councils and commissions from the new 5th and 17th
       districts who are in office at the time this footnote
       becomes effective shall finish their terms in
       accordance with their scheduled term completion
       dates. Councils and commissions that have incumbent
       members from the new 5th district shall add a new
       member from the 17th district to a full four-year term.
       Councils and commissions that have incumbent
       members from the new 17th district shall add a new
       member from the new 5th district to a full four-year
       term.



       54                   Bylaws
                    CHAPTER X • COUNCILS



2584   American Dental Education Association, shall cease
2585   to be a member of the faculty of a member school of
2586   that Association, such membership on either council
2587   shall terminate, and the President of the Association
2588   shall declare the position vacant.
2589   E. To be eligible to serve on the Council on Scientific
2590   Affairs, the current recipient of the Gold Medal
2591   Award for Excellence in Dental Research shall be an
2592   active, life, retired or nonpracticing dentist member in
2593   good standing of this Association if the current
2594   recipient qualifies for such membership.
2595   Section 40. CHAIRS: One member of each council
2596   shall be appointed annually by the Board of Trustees
2597   to serve as chair with exception of the Council on
2598   Dental Education and Licensure. The Chair of the
2599   Council on Dental Education and Licensure shall be
2600   appointed from nominations submitted by the
2601   Council, provided that every other year, the nominee
2602   shall be a member of the Council elected by the
2603   House of Delegates in accordance with Section 20.
2604   Members, Selections, Nominations and Elections, of
2605   this Chapter of the Bylaws.
2606   Section 50. CONSULTANTS, ADVISERS AND
2607   STAFF:
2608   A. CONSULTANTS AND ADVISERS. Each council
2609   shall have the authority to nominate consultants and
2610   advisers in conformity with rules and regulations
2611   established by the Board of Trustees except as
2612   otherwise provided in these Bylaws.
2613   B. STAFF. The Executive Director shall employ the
2614   staff of councils, in the event they are employees, and
2615   shall select the titles for council staff positions.
2616   Section 60. TERM OF OFFICE: The term of office of
2617   members of councils shall be four (4) years except as
2618   otherwise provided in these Bylaws. The tenure of a
2619   member of a council shall be limited to one (1) term
2620   of four (4) years except as otherwise provided in
2621   these Bylaws. A member shall not be eligible for
2622   appointment to another council or commission for a
2623   period of two (2) years after completing a previous
2624   council appointment. The physician and the health
2625   care facility administrator, nominated by the Board of
2626   Trustees for membership on the Council on Access,
2627   Prevention and Interprofessional Relations, shall be
2628   elected for a one (1) year term; however, such
2629   member shall not be limited as to the number of
2630   consecutive one (1) year terms that he or she may
2631   serve. The current recipient of the Gold Medal Award
2632   for Excellence in Dental Research shall serve on the
2633   Council on Scientific Affairs until the award is
2634   bestowed on the next honoree.
2635   Section 70. VACANCY: In the event of a vacancy in




                             Bylaws                         55
                    CHAPTER X • COUNCILS



2636   the membership of any council, the President shall
2637   appoint a member of the Association possessing the
2638   same qualifications as established by these Bylaws for
2639   the previous member, to fill such vacancy until a
2640   successor is elected by the next House of Delegates
2641   for the remainder of the unexpired term. In the event
2642   such vacancy involves the chair of the council, the
2643   President shall have the power to appoint an ad
2644   interim chair. In the event it is the current recipient of
2645   the Gold Medal Award for Excellence in Dental
2646   Research who cannot serve on the Council on
2647   Scientific Affairs, the President, in consultation with
2648   the Board of Trustees, shall have the power to appoint
2649   a prominent research scientist who shall serve until
2650   the award is bestowed on the next honoree.
2651     If the term of the vacated council position has less
2652   than fifty percent (50%) of a full four-year term
2653   remaining at the time the successor member is
2654   appointed or elected, the successor member shall be
2655   eligible for election to a new, consecutive four-year
2656   term. If fifty percent (50%) or more of the vacated
2657   term remains to be served at the time of the
2658   appointment or election, the successor member shall
2659   not be eligible for another term.
2660   Section 80. MEETINGS OF COUNCILS: Each
2661   council shall hold at least one regular meeting
2662   annually, provided that funds are available in the
2663   budget for that purpose and unless otherwise directed
2664   by the Board of Trustees. Meetings may be held in
2665   the Headquarters Building, the Washington Office or
2666   from multiple remote locations through the use of a
2667   conference telephone or other communications
2668   equipment by means of which all members can
2669   communicate with each other. Such meetings shall be
2670   conducted in accordance with rules and procedures
2671   established by the Board of Trustees.
2672   Section 90. QUORUM: Except as otherwise provided
2673   in these Bylaws, a majority of the members of any
2674   council shall constitute a quorum.
2675   Section 100. PRIVILEGE OF THE FLOOR: Chairs
2676   and members of councils who are not members of the
2677   House of Delegates shall have the right to participate
2678   in the debate on their respective reports but shall not
2679   have the right to vote.
2680   Section 110. ANNUAL REPORT AND BUDGET:
2681   A. ANNUAL REPORT. Each council shall submit,
2682   through the Executive Director, an annual report to
2683   the House of Delegates and a copy thereof to the
2684   Board of Trustees.
2685   B. PROPOSED BUDGET. Each council shall submit
2686   to the Board of Trustees, through the Executive
2687   Director, a proposed itemized budget for the ensuing
2688   fiscal year.




       56                    Bylaws
                    CHAPTER X • COUNCILS



2689   Section 120. DUTIES:
2690   A. COUNCIL ON ACCESS, PREVENTION AND
2691   INTERPROFESSIONAL RELATIONS. The duties
2692   of the Council shall be to:
2693    a. Evaluate for the ADA trends in dental public
2694    health and access to care that enhance community
2695    oral health.
2696    b. Recommend policies, advise other ADA agencies
2697    and develop programs relating to access to care;
2698    population-based prevention, including community
2699    water fluoridation; and interprofessional relations.
2700    c. Provide advice and technical assistance to
2701    constituencies and communities to assess
2702    community oral health needs; develop coalitions and
2703    partnerships; and design, implement and evaluate
2704    programs to meet community oral health needs.
2705    d. Recommend policies, advise constituencies and
2706    communities, provide technical assistance and
2707    develop programs focused on building community
2708    oral health infrastructure and capacity, reducing oral
2709    health disparities and increasing access to care.
2710    e. Collaborate with internal and external
2711    stakeholders to create advocacy strategies regarding
2712    access to care, population-based prevention and
2713    interprofessional relations.
2714    f. Promote community outreach, cultural
2715    competence and oral health literacy.
2716    g. Foster and maintain liaisons with external
2717    stakeholders regarding population-based prevention
2718    and intervention strategies to improve oral health.
2719    h. Serve as liaison for the ADA with The Joint
2720    Commission and with The Joint Commission’s
2721    corporate members and other national health care
2722    organizations.
2723    i. Recommend policies and formulate programs on
2724    issues pertaining to the relationship of dentistry to
2725    medicine, including interdisciplinary patient
2726    management, dentist-physician relations, oral health
2727    needs of patients with complex medical conditions
2728    and the oral-systemic relationship.
2729    j. Conduct activities to improve the health outcomes
2730    of patients requiring cooperative dental-medical
2731    management in hospitals, including active medical
2732    staff membership and clinical privileges, in
2733    ambulatory care centers, long-term care facilities
2734    and other interdisciplinary health care settings.
2735    k. Plan, develop, implement and evaluate programs
2736    that support the ADA’s commitment to optimal oral
2737    health for all.
2738   B. COUNCIL ON ADA SESSIONS. The duties of
2739   the Council shall be to:
2740     a. Have responsibility for conducting the annual
2741     session of this Association, except the House of
2742     Delegates, subject to approval by the Board of
2743     Trustees as provided in these Bylaws.




                            Bylaws                         57
                    CHAPTER X • COUNCILS



2744    b. Plan and coordinate other Association sessions or
2745    regional meetings.
2746   C. COUNCIL ON COMMUNICATIONS. The duties
2747   of the Council shall be to:
2748    a. Identify, recommend, and maintain a strategic
2749    communications plan for the Association.
2750    b. Advise on the reputation management of the
2751    Association, provide strategic oversight and advise
2752    the Association on the image and brand implications
2753    of Association plans, programs, services and
2754    activities.
2755    c. Provide counsel to the Association on the priority
2756    and allocation of communication resources, to
2757    advise on their implications, and to identify the areas
2758    where the greatest strategic communications impact
2759    can be achieved.
2760    d. Identify, recommend, articulate and maintain
2761    strategies for significant communications campaigns
2762    across the Association.
2763    e. Serve as a strategic communications and brand
2764    management resource to other Association agencies.
2765    f. Serve as a resource and to support
2766    communications and reputation management
2767    strategies for the constituent and component dental
2768    societies.
2769   D.    COUNCIL          ON      DENTAL        BENEFIT
2770   PROGRAMS. The duties of the Council shall be to:
2771    a. Formulate and recommend policies relating to the
2772    planning, administration and financing of dental
2773    benefit programs.
2774    b. Study, evaluate and disseminate information on
2775    the planning, administration and financing of dental
2776    benefit programs.
2777    c. Assist the constituent societies and other agencies
2778    in developing programs for the planning,
2779    administration and financing of dental benefit
2780    programs.
2781    d. Provide assistance, guidance and support to
2782    constituent and component societies in the
2783    development and management of professional
2784    review systems.
2785    e. Encourage the inclusion of dental benefits in
2786    health benefit plans and to promote dental benefit
2787    plans in accordance with Association policy.
2788    f. Conduct activities and formulate and recommend
2789    policies     concerning     the     assessment    and
2790    improvement of the quality of dental care relating to
2791    dental benefit plans.
2792    g. Formulate and maintain coding taxonomies,
2793    including but not limited to procedural and
2794    diagnostic codes that dentists can use to document
2795    patient care and to explore applications and
2796    opportunities for new coding taxonomies.
2797   E. COUNCIL ON DENTAL EDUCATION AND




       58                    Bylaws
                    CHAPTER X • COUNCILS



2798   LICENSURE. The duties of the Council shall be to:
2799    a. Act as the agency of the Association in matters
2800    related to the evaluation and accreditation of all
2801    dental educational, allied dental educational and
2802    associated subjects.
2803    b. Study and make recommendations including the
2804    formulation and recommendation of policy on:
2805    (1) Dental education, continuing dental education
2806    and allied dental education.
2807    (2) The recognition of dental specialties.
2808    (3) The recognition of interest areas in general
2809    dentistry, excluding ADA recognized specialties.
2810    (4) The recognition of categories of allied dental
2811    personnel.
2812    (5) The approval or disapproval of national
2813    certifying boards for dental specialties and for allied
2814    dental personnel.
2815    (6) The educational and administrative standards of
2816    the certifying boards for dental specialties and for
2817    allied dental personnel.
2818    (7) Associated subjects that affect all dental, allied
2819    dental and related education.
2820    (8) Dental licensure and allied dental personnel
2821    credentialing.
2822    c. Act on behalf of this Association in maintaining
2823    effective liaison with certifying boards and related
2824    agencies for dental specialties and for allied dental
2825    personnel.
2826    d. Monitor and disseminate information on
2827    continuing dental education and to encourage the
2828    provision of and participation in continuing dental
2829    education.
2830    e. Monitor and disseminate information on careers
2831    in dentistry.
2832   F. COUNCIL ON DENTAL PRACTICE. The duties
2833   of the Council shall be to:
2834    a. Formulate and recommend policies relating to
2835    dental practice.
2836    b. Study, evaluate and disseminate information
2837    concerning various forms of business organization
2838    of a dental practice, economic factors related to
2839    dental practice, practice management techniques,
2840    auxiliary utilization and dental laboratory services to
2841    the end that dentists may continue to improve
2842    services to the public.
2843    c. Develop educational and other programs to assist
2844    dentists in improved practice management,
2845    including practice marketing materials and
2846    continuing education seminars, and to assist
2847    constituent and component societies and other dental
2848    organizations in the development of such programs
2849    so that dentists may continue to improve the
2850    delivery of their services to the public.
2851    d. Encourage and develop satisfactory relations with
2852    the various organizations representing the dental




                             Bylaws                         59
                   CHAPTER X • COUNCILS



2853    laboratory industry and craft.
2854    e. Formulate programs for establishing and
2855    maintaining the greatest efficiency, quality and
2856    service of the dental laboratory industry and craft in
2857    their relation to the dental profession.
2858    f. Encourage and develop satisfactory relations with
2859    the various organizations representing dental
2860    auxiliaries.
2861    g. Gather, formulate and disseminate information
2862    related to auxiliary utilization, management and
2863    employment practices.
2864    h. Serve in a consultative capacity to those
2865    educational and promotional activities directed to
2866    the public and the profession and to assess their
2867    impact on dental practice.
2868    i. Provide assistance, education and information on
2869    issues related to dentists’ well being.
2870    j. Encourage and coordinate the development and
2871    improvement of national and international
2872    standardization programs for dental informatics.
2873   G. COUNCIL ON ETHICS, BYLAWS AND
2874   JUDICIAL AFFAIRS. The duties of the Council shall
2875   be to:
2876    a. Consider proposals for amending the Principles of
2877    Ethics and Code of Professional Conduct.
2878    b. Provide advisory opinions regarding the
2879    interpretation of the Principles of Ethics and Code
2880    of Professional Conduct.
2881    c. Consider appeals from members of the
2882    Association, or from component societies subject to
2883    the requirements of Chapter XII, Section 20 of these
2884    Bylaws.
2885    d. Hold hearings and render decisions in disputes
2886    arising between constituent societies or between
2887    constituent and component societies.
2888    e. Discipline any of the direct members of this
2889    Association in accordance with the requirements and
2890    procedures of Chapter XII of these Bylaws, using
2891    hearing panels composed of not less than three (3)
2892    of its elected members selected by the Council chair.
2893    The Council may adopt procedures governing the
2894    discipline of direct members of this Association
2895    consistent with Chapter XII of these Bylaws, which
2896    may include the use of an investigating committee
2897    or individual to investigate any complaint made
2898    against such member and report findings to the
2899    hearing panel concerning whether charges should
2900    issue.
2901    f. Review the articles of the Constitution and Bylaws
2902    in order to keep them consistent with the
2903    Association’s program.
2904    g. Recommend editorial changes in the Constitution
2905    and Bylaws to improve their consistency, clarity and
2906    style.
2907    h. Notwithstanding paragraph g of this subsection,




       60                   Bylaws
                    CHAPTER X • COUNCILS



2908    the Council shall have the authority to make
2909    corrections in punctuation, grammar, spelling, name
2910    changes, gender references, and similar editorial
2911    corrections in the Bylaws which do not alter its
2912    context or meaning. Such corrections shall be made
2913    only by a unanimous vote of the Council members
2914    present and voting.
2915    i. Review the rules and bylaws of all commissions of
2916    the Association in order to keep such rules and
2917    bylaws consistent with the Constitution and Bylaws
2918    of this Association.
2919    j. Act as the Standing Committee on Constitution
2920    and Bylaws of the House of Delegates, with the
2921    composition of such committee to be determined in
2922    accordance with Chapter V, Section 140A of these
2923    Bylaws, and to conduct other business it deems
2924    necessary.
2925    k. Provide guidance and advice on ethical and
2926    professional issues to constituent and component
2927    societies.
2928    l. Formulate and disseminate materials related to
2929    ethical and professional conduct in the practice and
2930    promotion of dentistry.
2931   H. COUNCIL ON GOVERNMENT AFFAIRS. The
2932   duties of the Council shall be to:
2933    a. Encourage the improvement of the health of the
2934    public and to promote the art and science of
2935    dentistry in matters of legislation and regulations by
2936    appropriate activities.
2937    b. Formulate and recommend policies related to
2938    legislative and regulatory issues and to
2939    governmental agency programs.
2940    c. Formulate proposed legislation, approved by the
2941    Board of Trustees, that may be submitted to
2942    Congress and which will promote the art and science
2943    of dentistry in accordance with Association policies.
2944    d. Disseminate information which will assist the
2945    constituent and component societies involving
2946    legislation and regulation affecting the dental health
2947    of the public.
2948    e. Serve and assist the American Dental Association
2949    as a liaison with agencies of the federal government.
2950    f. Advise other Association agencies charged with
2951    developing, recommending and/or implementing
2952    legislative policies adopted by the House of
2953    Delegates.
2954    g. Serve as liaison for the American Dental
2955    Association with those agencies of the federal
2956    government which employ dental personnel in direct
2957    dental care delivery programs and the dentists in
2958    those services.
2959    h. Recommend programs and policies which will
2960    ensure that eligible beneficiaries of federal dental
2961    service programs have access to quality dental care.
2962    i. Recommend programs and policies which




                            Bylaws                         61
                    CHAPTER X • COUNCILS



2963    promote an efficient and effective dental care
2964    delivery system within the federal dental services.
2965    j. Assist in the development of dental workforce
2966    requirements and appropriate mobilization programs
2967    in times of emergency.
2968    k. Formulate and recommend policies which are
2969    designed to advance the professional status of
2970    federally employed dentists.
2971    l. Monitor dental training programs conducted by
2972    the federal dental services.
2973   I. COUNCIL ON MEMBERS INSURANCE AND
2974   RETIREMENT PROGRAMS. The duties of the
2975   Council shall be to:
2976     a. Evaluate on a continuing basis all Association
2977     sponsored insurance programs.
2978     b. Examine and evaluate other insurance programs
2979     that might be of benefit to the membership.
2980     c. Advise and recommend courses of action on
2981     insurance programs.
2982     d. Assist constituent societies in matters related to
2983     insurance programs.
2984     e. Advise and recommend courses of action on
2985     retirement programs.
2986     f. Aid dentists in the management of their personal
2987     and professional risks through educational activities,
2988     informational programs and services.
2989   J. COUNCIL ON MEMBERSHIP. Except as
2990   otherwise provided in these Bylaws, the duties of the
2991   Council shall be to:
2992     a. Formulate and recommend policies related to
2993     membership recruitment and retention and other
2994     related issues.
2995     b. Identify and monitor trends and issues that affect
2996     membership recruitment and retention, particularly
2997     among under-represented segments, and to
2998     encourage membership involvement throughout
2999     organized dentistry.
3000     c. Support, monitor and encourage membership
3001     activities of constituent and component dental
3002     societies and to enhance cooperation and
3003     communication on tripartite recruitment and
3004     retention efforts.
3005     d. Recommend, monitor and support the
3006     development of membership benefits and services
3007     that respond to identified needs of members.
3008     e. Act as an advocate for membership benefits.
3009   K. COUNCIL ON SCIENTIFIC AFFAIRS. The
3010   duties of the Council shall be to:
3011    a. Develop and promote a biennial research agenda
3012    and propose an appropriate budget for studies that
3013    are recommended by the Council to be conducted by
3014    the ADA.
3015    b. Identify emergent issues and areas of research
3016    that require response from the research community.




       62                    Bylaws
                CHAPTER X • COUNCILS
            CHAPTER XI • SPECIAL COMMITTEES


3017    c. Report results on the latest scientific
3018    developments to practicing dentists.
3019    d. Evaluate and issue statements to the profession
3020    regarding the efficacy of concepts, procedures and
3021    techniques for use in the treatment of patients.
3022    e. Represent the Association on scientific and
3023    research matters, promote evidence-based practice,
3024    and maintain liaison with related regulatory,
3025    research and professional organizations.
3026    f. Encourage the development and improvement of
3027    materials, instruments and equipment for use in
3028    dental practice, and to coordinate development of
3029    national and international standardization programs
3030    for dental products.
3031    g. Determine the safety and effectiveness of, and
3032    disseminate information on, materials, instruments
3033    and equipment that are offered to the public or the
3034    profession and further critically evaluate statements
3035    of efficacy and advertising claims.
3036    h. Study, evaluate and disseminate information with
3037    regard to the proper use of dental therapeutic agents,
3038    their adjuncts and dental cosmetic agents that are
3039    offered to the public or the profession.
3040    i. Award the American Dental Association Seal of
3041    Acceptance to dental products that meet the
3042    Association’s requirements for acceptance.
3043    j. Promote efforts to develop dental research
3044    workforce and to involve students in dental research.
3045    k. Study, evaluate and disseminate information on
3046    those aspects of the dental practice environment
3047    related to the health of the public, dentists and allied
3048    dental personnel.
3049    l. Serve as the primary resource for scientific
3050    inquiries from the public and the profession.
3051    m. Guide, assist and collaborate with the ADA
3052    Center for Evidence-Based Dentistry.

            CHAPTER XI • SPECIAL COMMITTEES

3053   Section 10. APPOINTMENT AND TERM: Special
3054   committees of this Association may be created at any
3055   session of the House of Delegates or, when the House
3056   is not in session, by the Board of Trustees, for the
3057   purpose of performing duties not otherwise assigned
3058   by these Bylaws. Duties otherwise assigned by these
3059   Bylaws solely to one (1) council, commission or other
3060   agency should be assigned to that council,
3061   commission or other agency with the necessary
3062   funding to accomplish the task. If duties are assigned
3063   to a special committee that are assigned under these
3064   Bylaws to more than one (1) council, commission or
3065   other agency, members of the relevant councils,
3066   commissions or other agencies shall be appointed to
3067   serve on the special committee. Such special
3068   committees may serve until adjournment sine die of
3069   the next annual session of the House of Delegates.




                             Bylaws                          63
           CHAPTER XI • SPECIAL COMMITTEES
         CHAPTER XII • PRINCIPLES OF ETHICS AND
          CODE OF PROFESSIONAL CONDUCT AND
                 JUDICIAL PROCEDURE


3070   The authority for appointing the members of a special
3071   committee and their number shall be set forth in the
3072   resolution creating such committee.
3073   Section 20. PRIVILEGE OF THE FLOOR: Chairs
3074   and members of special committees who are not
3075   members of the House of Delegates shall have the
3076   right to participate in the debate on their respective
3077   reports but shall not have the right to vote.


         CHAPTER XII • PRINCIPLES OF ETHICS AND
          CODE OF PROFESSIONAL CONDUCT AND
                 JUDICIAL PROCEDURE

3078   Section 10. PROFESSIONAL CONDUCT OF
3079   MEMBERS: The professional conduct of a member
3080   of this Association shall be governed by the
3081   Principles of Ethics and Code of Professional
3082   Conduct of this Association and by the codes of
3083   ethics of the constituent and component societies
3084   within whose jurisdiction the member practices, or
3085   conducts or participates in other professional dental
3086   activities.
3087   Section 20. DISCIPLINE OF MEMBERS:
3088   A. CONDUCT SUBJECT TO DISCIPLINE. A
3089   member may be disciplined for (1) having been found
3090   guilty of a felony, (2) having been found guilty of
3091   violating the dental practice act of a state or other
3092   jurisdiction of the United States, (3) having been
3093   discharged or dismissed from practicing dentistry
3094   with one of the federal dental services under
3095   dishonorable circumstances, or (4) violating the
3096   Bylaws, the Principles of Ethics and Code of
3097   Professional Conduct, or the bylaws or code of ethics
3098   of the constituent or component society of which the
3099   accused is a member. For a member of a constituent
3100   society, disciplinary proceedings may be instituted by
3101   either the member’s component or constituent
3102   society. Disciplinary proceedings against a direct
3103   member of this Association may be instituted by the
3104   Council on Ethics, Bylaws and Judicial Affairs of this
3105   Association.
3106   B. DISCIPLINARY PENALTIES. A member may be
3107   disciplined for any of the offenses enumerated in
3108   Section 20A of this Chapter as follows:
3109    a. CENSURE. Censure is a disciplinary sentence
3110    expressing in writing severe criticism or disapproval
3111    of a particular type of conduct or act.
3112    b. SUSPENSION. Suspension, subject to Chapter I,
3113    Section 30 of these Bylaws, means all membership
3114    privileges except continued entitlement to coverages
3115    under insurance programs are lost during the




       64                   Bylaws
        CHAPTER XII • PRINCIPLES OF ETHICS AND
         CODE OF PROFESSIONAL CONDUCT AND
                JUDICIAL PROCEDURE


3116    suspension      period.   Suspension       shall    be
3117    unconditional and for a specified period at the
3118    termination of which full membership privileges are
3119    automatically restored. A subsequent violation shall
3120    require a new disciplinary procedure before
3121    additional discipline may be imposed.
3122    c. EXPULSION. Expulsion is an absolute discipline
3123    and may not be imposed conditionally except as
3124    otherwise provided herein.
3125    d. PROBATION. Probation, to be imposed for a
3126    specified period and without loss of privileges, may
3127    be administratively and conditionally imposed when
3128    circumstances warrant in lieu of a suspended
3129    disciplinary penalty. Probation shall be conditioned
3130    on good behavior. Additional reasonable conditions
3131    may be set forth in the decision for the continuation
3132    of probation. In the event that the conditions for
3133    probation are found by the society which preferred
3134    charges to have been violated, after a hearing on the
3135    probation violation charges in accordance with
3136    Chapter XII, Section 20C, the original disciplinary
3137    penalty shall be automatically reinstated; except that
3138    when circumstances warrant the original disciplinary
3139    penalty may be reduced to a lesser penalty. There
3140    shall be no right of appeal from a finding that the
3141    conditions of probation have been violated.
3142   C. DISCIPLINARY PROCEEDINGS. Before a
3143   disciplinary penalty is invoked against a member, the
3144   following procedures shall be followed by the agency
3145   preferring charges:
3146    a. HEARING. The accused member shall be entitled
3147    to a hearing at which the accused shall be given the
3148    opportunity to present a defense to all charges
3149    brought against the accused. The agency preferring
3150    charges shall permit the accused member to be
3151    represented by legal counsel.
3152    b. NOTICE. The accused member shall be notified
3153    in writing of charges brought against the accused
3154    and of the time and place of the hearing, such notice
3155    to be sent by certified—return receipt requested
3156    letter addressed to the accused’s last known address
3157    and mailed not less than twenty-one (21) days prior
3158    to the date set for the hearing. An accused member,
3159    upon request, shall be granted one postponement for
3160    a period not to exceed thirty (30) days.
3161    c. CHARGES. The written charges shall include an
3162    officially certified copy of the alleged conviction or
3163    determination of guilt, or a specification of the
3164    bylaw or ethical provisions alleged to have been
3165    violated, as the case may be, and a description of the
3166    conduct alleged to constitute each violation.
3167    d. DECISION. Every decision which shall result in
3168    censure, suspension, expulsion, or probation shall be
3169    reduced to writing and shall specify the charges




                            Bylaws                         65
        CHAPTER XII • PRINCIPLES OF ETHICS AND
         CODE OF PROFESSIONAL CONDUCT AND
                JUDICIAL PROCEDURE


3170    made against the member. The facts which
3171    substantiate any or all of the charges, the verdict
3172    rendered, the penalty imposed or when appropriate
3173    the suspended penalty imposed and the conditions
3174    for probation, and a notice shall be mailed to the
3175    accused member informing the accused of the right
3176    to appeal. Within ten (10) days of the date on which
3177    the decision is rendered a copy thereof shall be sent
3178    by certified—return receipt requested mail to the last
3179    known address of each of the following parties: the
3180    accused member; the secretary of the component
3181    society of which the accused is a member, if
3182    applicable; the secretary of the constituent society of
3183    which the accused is a member, if applicable; the
3184    Chair of the Council on Ethics, Bylaws and Judicial
3185    Affairs of this Association; and the Executive
3186    Director of this Association.
3187   D. APPEALS. The accused member under sentence
3188   of censure, suspension or expulsion shall have the
3189   right to appeal from a decision of the accused’s
3190   component society to the accused’s constituent
3191   society by filing an appeal in affidavit form with the
3192   secretary of the constituent society. Such an accused
3193   member, or the component society concerned, shall
3194   have the right to appeal from a decision of the
3195   constituent society to the Council on Ethics, Bylaws
3196   and Judicial Affairs of this Association by filing an
3197   appeal in affidavit form with the Chair of the Council
3198   on Ethics, Bylaws and Judicial Affairs. Where the
3199   accused is a direct member of this Association, the
3200   accused member shall have the right of appeal from a
3201   disciplinary decision of a hearing panel of the Council
3202   on Ethics, Bylaws and Judicial Affairs to the Council
3203   by filing an appeal in affidavit form with the Chair of
3204   the Council on Ethics, Bylaws and Judicial Affairs.
3205   Members of the hearing panel shall not have the right
3206   to vote on the Council’s decision on such an appeal.
3207     An appeal from any decision shall not be valid
3208   unless notice of appeal is filed within thirty (30) days
3209   and the supporting brief, if one is to be presented, is
3210   filed within sixty (60) days after such decision has
3211   been rendered. A reply brief, if one is to be presented,
3212   shall be filed within ninety (90) days after such
3213   decision is rendered. A rejoinder brief, if one is to be
3214   presented, shall be filed within one hundred five
3215   (105) days after such decision is rendered. After all
3216   briefs have been filed, a minimum of forty-five (45)
3217   days shall elapse before the hearing date. Omission of
3218   briefs will not alter the briefing schedule or hearing
3219   date unless otherwise agreed to by the parties and the
3220   chair of the appropriate appellate agency.
3221     No decision shall become final while an appeal
3222   therefrom is pending or until the thirty (30) day
3223   period for filing notice of appeal has elapsed. In the




       66                    Bylaws
        CHAPTER XII • PRINCIPLES OF ETHICS AND
         CODE OF PROFESSIONAL CONDUCT AND
                JUDICIAL PROCEDURE


3224   event of a sentence of expulsion and no notice of
3225   appeal is received within the thirty (30) day period,
3226   the constituent society shall notify all parties of the
3227   failure of the accused member to file an appeal. The
3228   sentence of expulsion shall take effect on the date the
3229   parties are notified. The component and constituent
3230   societies shall each determine what portion of their
3231   current dues and their special assessments, if any,
3232   shall be returned to the expelled member. Dues and
3233   special assessments paid to this Association shall not
3234   be refundable in the event of expulsion. The
3235   following procedure shall be used in processing
3236   appeals:
3237    a. HEARINGS ON APPEAL. The accused member
3238    or the society (or societies) concerned shall be
3239    entitled to a hearing on an appeal, provided that such
3240    appeal is taken in accordance with, and satisfies the
3241    requirements of, Section 20D of this Chapter. The
3242    appellate agency hearing the appeal shall permit the
3243    accused member to be represented by legal counsel.
3244    A party need not appear for the appeal to be heard
3245    by an appellate agency.
3246    b. NOTICE. The appellate agency receiving an
3247    appeal shall notify the society (or societies)
3248    concerned, or where applicable the hearing panel of
3249    the Council on Ethics, Bylaws and Judicial Affairs,
3250    and the accused member of the time and place of the
3251    hearing, such notice to be sent by certified—return
3252    receipt requested letter to the last known address of
3253    the parties to the appeal and mailed not less than
3254    thirty (30) days prior to the date set for the hearing.
3255    Granting of continuances shall be at the option of
3256    the agency hearing the appeal.
3257    c. PREHEARING MATTERS. Prehearing requests
3258    shall be granted at the discretion of the appellate
3259    agency. In appeals to this Association’s Council on
3260    Ethics, Bylaws and Judicial Affairs, the Council
3261    chair has the authority to rule on motions from the
3262    parties for continuances and other prehearing
3263    procedural matters with advice from legal counsel of
3264    this Association. The Council chair may consult
3265    with the Council before rendering prehearing
3266    decisions.
3267    d. BRIEFS. Every party to an appeal shall be
3268    entitled to submit a brief in support of the party’s
3269    position. The briefs of the parties shall be submitted
3270    to the secretary of the constituent society or the
3271    Chair of the Council on Ethics, Bylaws and Judicial
3272    Affairs of this Association, as the case may be, and
3273    to the opposing party(ies) in accordance with the
3274    prescribed briefing schedule. The party initiating the
3275    appeal may choose to rely on the record and/or on
3276    an oral presentation and not file a brief.
3277    e. RECORD OF DISCIPLINARY PROCEEDINGS.
3278    Upon notice of an appeal the agency which




                             Bylaws                         67
        CHAPTER XII • PRINCIPLES OF ETHICS AND
         CODE OF PROFESSIONAL CONDUCT AND
                JUDICIAL PROCEDURE


3279    preferred charges shall furnish to the appellate
3280    agency which has received the appeal and to the
3281    accused member a transcript of, or an officially
3282    certified copy of the minutes of the hearing
3283    accorded the accused member. The transcript or
3284    minutes shall be accompanied by certified copies of
3285    any affidavits or other documents submitted as
3286    evidence to support the charges against the accused
3287    member or submitted by the accused member as part
3288    of the accused’s defense. Where the agency
3289    preferring the charges does not provide for
3290    transcription of the hearing, the accused member, at
3291    the accused’s own expense, shall be entitled to
3292    arrange for the services of a court reporter to
3293    transcribe the hearing.
3294    f. APPEALS JURISDICTION. The agency to which
3295    a decision has been appealed shall be required to
3296    review the decision appealed from to determine
3297    whether the evidence before the society or agency
3298    which preferred charges against the accused
3299    member supports that decision or warrants the
3300    penalty imposed. The appellate agency shall not be
3301    required to consider additional evidence unless there
3302    is a clear showing that either party to the appeal will
3303    be unreasonably harmed by failure to consider the
3304    additional evidence. The parties to an appeal are the
3305    accused member and the society or agency which
3306    preferred charges. In appeals to the Council on
3307    Ethics, Bylaws and Judicial Affairs of this
3308    Association, the society which heard the first appeal
3309    may, at its option, participate in the appeal.
3310    g. DECISION ON APPEALS. Every decision on
3311    appeal shall be reduced to writing and shall state
3312    clearly the conclusion of the appellate agency and
3313    the reasons for reaching that conclusion. The
3314    appellate agency shall have the discretion to (1)
3315    uphold the decision of the agency which preferred
3316    charges against the accused member; (2) reverse the
3317    decision of the agency which preferred charges and
3318    thereby exonerate the accused member; (3) deny an
3319    appeal which fails to satisfy the requirements of
3320    Section 20D of this Chapter; (4) refer the case back
3321    to the agency which preferred charges for new
3322    proceedings, if the rights of the accused member
3323    under all applicable bylaws were not accorded the
3324    accused; (5) remand the case back to the agency
3325    which preferred charges for further proceedings
3326    when the appellate record is insufficient in the
3327    opinion of the appellate agency to enable it to render
3328    a decision; or (6) uphold the decision of the agency
3329    which preferred charges against the accused member
3330    and reduce the penalty imposed.
3331      Within thirty (30) days of the date on which a
3332    decision on appeal is rendered, a copy thereof shall
3333    be sent by certified—return receipt requested mail to




       68                   Bylaws
        CHAPTER XII • PRINCIPLES OF ETHICS AND
         CODE OF PROFESSIONAL CONDUCT AND
                JUDICIAL PROCEDURE
           CHAPTER XIII • AMERICAN DENTAL
              ASSOCIATION FOUNDATION
             CHAPTER XIV • COMMISSIONS

3334    the last known address of each of the following
3335    parties: the accused member, the secretary of the
3336    component society of which the accused is a
3337    member, if applicable, the secretary of the
3338    constituent society of which the accused is a
3339    member, if applicable, the Chair of the Council on
3340    Ethics, Bylaws and Judicial Affairs of this
3341    Association and the Executive Director of this
3342    Association.
3343   E. SENTENCE. After all appeals are exhausted or
3344   after the time for filing an appeal has expired, a
3345   sentence of censure, suspension or expulsion meted
3346   out to any member, including those instances when
3347   the disciplined member has been placed on probation,
3348   shall be promulgated by such member’s component
3349   and constituent societies, if such exist, and this
3350   Association.
3351   F. NON-COMPLIANCE. In the event of a failure of
3352   technical conformance to the procedural requirements
3353   of Chapter XII, the agency hearing the appeal shall
3354   determine the effect of non-conformance.

            CHAPTER XIII • AMERICAN DENTAL
               ASSOCIATION FOUNDATION

3355   Section 10. FINANCIAL SUPPORT: The
3356   Association is the sole Member of the American
3357   Dental Association Foundation. The Association shall
3358   annually furnish sufficient financial support, as an
3359   addition to generated non-Association funding, to
3360   assure the continued viability of the Foundation’s
3361   research activities.
3362   Section 20. DUTIES:
3363   In addition, the Foundation’s Administrative/
3364   Charitable group shall submit, through the ADA
3365   Board of Trustees acting as the Member, an annual
3366   report to the House of Delegates, interim reports on
3367   request to the Member, and an annual budget to the
3368   Board of Trustees for such financial support
3369   allocations as the Board may deem necessary.

               CHAPTER XIV • COMMISSIONS

3370   Section 10. NAME: The commissions of this
3371   Association shall be:
3372    Commission on Dental Accreditation
3373    Joint Commission on National Dental Examinations
3374   Section 20.        MEMBERS,          SELECTIONS,
3375   NOMINATIONS           AND             ELECTIONS:




                             Bylaws                     69
                CHAPTER XIV • COMMISSIONS




3376   A.         COMMISSION             ON         DENTAL
3377   ACCREDITATION. The number of members and the
3378   method of selection of the members of the
3379   Commission on Dental Accreditation shall be
3380   governed by the Rules of the Commission on Dental
3381   Accreditation and these Bylaws.
3382   Twelve (12) of the members of the Commission on
3383   Dental Accreditation shall be selected as follows:
3384    (1) Four (4) members shall be selected from
3385    nominations open to all trustee districts from the
3386    active, life or retired members of this Association,
3387    no one of whom shall be a faculty member working
3388    for a school of dentistry more than one day per week
3389    or a member of a state board of dental examiners or
3390    jurisdictional dental licensing agency.         These
3391    members shall be nominated by the Board of
3392    Trustees and elected by the House of Delegates.
3393    (2) Four (4) members who are active, life or retired
3394    members of this Association shall be selected by the
3395    American Association of Dental Boards from the
3396    active membership of that body, no one of whom
3397    shall be a member of a faculty of a school of
3398    dentistry.
3399    (3) Four (4) members who are active, life or retired
3400    members of this Association shall be selected by the
3401    American Dental Education Association from its
3402    active membership. These members shall hold
3403    positions of professorial rank in dental schools
3404    accredited by the Commission on Dental
3405    Accreditation and shall not be members of any state
3406    board of dental examiners or jurisdictional dental
3407    licensing agency.
3408   B. JOINT COMMISSION ON NATIONAL
3409   DENTAL EXAMINATIONS. The Joint Commission
3410   on National Dental Examinations shall be composed
3411   of fifteen (15) members selected as follows:
3412    a. Three (3) members shall be nominated by the
3413    Board of Trustees from the active, life or retired
3414    members of this Association and additional
3415    nominations may be made by the House of
3416    Delegates but no one of such nominees shall be a
3417    member of a faculty of a school of dentistry or a
3418    member of a state board of dental examiners or
3419    jurisdictional dental licensing agency. The House of
3420    Delegates shall elect the three (3) members from
3421    those nominated by the Board of Trustees and the
3422    House of Delegates.
3423    b. Six (6) members who are active, life or retired
3424    members of this Association shall be selected by the
3425    American Association of Dental Boards from the
3426    active membership of that body, no one of whom
3427    shall be a member of a faculty of a dental school.
3428    c. Three (3) members who are active, life or retired
3429    members of this Association shall be selected by the
3430    American Dental Education Association from its




       70                   Bylaws
                CHAPTER XIV • COMMISSIONS



3431    active membership. These members shall hold
3432    positions of professorial rank in the dental schools
3433    accredited by this Association and shall not be
3434    members of any state board of dental examiners or
3435    jurisdictional dental licensing agency.
3436    d. One (1) member who is a dental hygienist shall be
3437    selected by the American Dental Hygienists’
3438    Association.
3439    e. One (1) member who is a public representative
3440    shall be selected by the Joint Commission on
3441    National Dental Examinations.
3442    f. One (1) member who is a dental student shall be
3443    selected annually by the American Student Dental
3444    Association.
3445   Section 30. REMOVAL FOR CAUSE: The Board of
3446   Trustees may remove a commission member for
3447   cause in accordance with procedures established by
3448   the Board of Trustees, which procedures shall provide
3449   for notice of the charges, including allegations of the
3450   conduct purported to constitute each violation, and a
3451   decision in writing which shall specify the findings of
3452   fact which substantiate any and all of the charges, and
3453   that prior to issuance of the decision of the Board of
3454   Trustees, no commission member shall be excused
3455   from attending any meeting of a commission unless
3456   there is an opportunity to be heard or compelling
3457   reasons exist which are specified in writing by the
3458   Board of Trustees.
3459   Section 40. ELIGIBILITY:
3460   A. All members of commissions who are dentists
3461   must be active, life or retired members in good
3462   standing of this Association except as otherwise
3463   provided in these Bylaws.
3464   B. A member of the Joint Commission on National
3465   Dental Examinations, who was selected by the
3466   American Association of Dental Boards and who is
3467   no longer an active member of that Association, may
3468   continue as a member of the Commission for the
3469   balance of that member’s term.
3470   C. When a member of the Joint Commission on
3471   National Dental Examinations, who was selected by
3472   the American Dental Education Association, shall
3473   cease to be a member of the faculty of a member
3474   school of that Association, such membership on the
3475   Commission shall terminate, and the President of the
3476   American Dental Association shall declare the
3477   position vacant.
3478   D. No member of a commission may serve
3479   concurrently as a member of a council or another
3480   commission.
3481   E. The Commissions of this Association shall elect
3482   their own chairs who shall be active, life or retired




                            Bylaws                         71
                CHAPTER XIV • COMMISSIONS



3483   members of this Association.
3484   Section 50. CONSULTANTS, ADVISERS AND
3485   STAFF:
3486   A. CONSULTANTS AND ADVISERS. Each
3487   commission shall have the authority to nominate
3488   consultants and advisers in conformity with rules and
3489   regulations established by the Board of Trustees
3490   except as otherwise provided in these Bylaws. The
3491   Joint Commission on National Dental Examinations
3492   also shall select consultants to serve on the
3493   Commission’s test construction committees. The
3494   Commission on Dental Accreditation shall have the
3495   power to appoint consultants to assist in developing
3496   requirements and guidelines for the conducting of
3497   accreditation evaluations, including site visitations, of
3498   predoctoral, advanced dental educational, and dental
3499   auxiliary educational programs.
3500   B. STAFF. The Executive Director shall employ the
3501   staff of Commissions, in the event they are
3502   employees, and shall select the titles for commission
3503   staff positions.
3504   Section 60. TERM OF OFFICE: The term of office
3505   of members of the commissions shall be four (4)
3506   years except that (a) the term of office of members of
3507   the Commission on Dental Accreditation selected
3508   pursuant to the Rules of the Commission on Dental
3509   Accreditation shall be governed by those Rules and
3510   (b) the term of office of the dental student selected by
3511   the American Student Dental Association for
3512   membership on the Joint Commission on National
3513   Dental Examinations shall be one (1) year.
3514     The tenure of a member of a commission shall be
3515   limited to one (1) term of four (4) years except that
3516   (a) the consecutive tenure of members of the
3517   Commission on Dental Accreditation selected
3518   pursuant to the Rules of the Commission on Dental
3519   Accreditation shall be governed by those Rules and
3520   (b) tenure in office of the dental student selected by
3521   the American Student Dental Association for
3522   membership on the Joint Commission on National
3523   Dental Examinations shall be one (1) term. A
3524   member shall not be eligible for appointment to
3525   another commission or council for a period of two (2)
3526   years after completing a previous commission
3527   appointment.
3528   Section 70. VACANCY: In the event of a vacancy in
3529   the office of a commissioner, the following procedure
3530   shall be followed:
3531   A. In the event the member of a commission, whose
3532   office is vacant, is or was a member of and was
3533   appointed or elected by this Association, the President
3534   of this Association shall appoint a member of this
3535   Association possessing the same qualifications as




       72                    Bylaws
                CHAPTER XIV • COMMISSIONS



3536   established by these Bylaws for the previous member,
3537   to fill such vacancy until a successor is elected by the
3538   next House of Delegates of this Association for the
3539   remainder of the unexpired term.
3540   B. In the event the member of a commission whose
3541   office is vacant was selected by an organization other
3542   than this Association, such other organization shall
3543   appoint a successor possessing the same
3544   qualifications as those possessed by the previous
3545   member of the commission.
3546   C. In the event such vacancy involves the chair of the
3547   commission, the President of this Association shall
3548   have the power to appoint an ad interim chair, except
3549   as otherwise provided in these Bylaws.
3550   D. If the term of the vacated commission position has
3551   less than fifty percent (50%) of a full four-year term
3552   remaining at the time the successor member is
3553   appointed or elected, the successor member shall be
3554   eligible for election to a new, consecutive four-year
3555   term. If fifty percent (50%) or more of the vacated
3556   term remains to be served at the time of the
3557   appointment or election, the successor member shall
3558   not be eligible for another term.
3559   Section 80. MEETINGS OF COMMISSIONS: Each
3560   commission shall hold at least one regular meeting
3561   annually, provided that funds are available in the
3562   budget for that purpose and unless otherwise directed
3563   by the Board of Trustees. Meetings may be held at the
3564   Headquarters Building, the Washington Office or
3565   from multiple remote locations through the use of a
3566   conference telephone or other communications
3567   equipment by means of which all members can
3568   communicate with each other. Such meetings shall be
3569   conducted in accordance with rules and procedures
3570   established by the Board of Trustees.
3571   Section 90. QUORUM: A majority of the members of
3572   any commission shall constitute a quorum.
3573   Section 100. PRIVILEGE OF THE FLOOR: Chairs
3574   and members of the commissions who are not
3575   members of the House of Delegates shall have the
3576   right to participate in the debate on their respective
3577   reports but shall not have the right to vote.
3578   Section 110. ANNUAL REPORT AND BUDGET:
3579   A. ANNUAL REPORT. Each commission shall
3580   submit, through the Executive Director, an annual
3581   report to the House of Delegates and a copy thereof to
3582   the Board of Trustees.
3583   B. PROPOSED BUDGET. Each commission shall
3584   submit to the Board of Trustees, through the
3585   Executive Director, a proposed itemized budget for
3586   the ensuing fiscal year.




                             Bylaws                         73
                CHAPTER XIV • COMMISSIONS



3587   Section 120. POWER TO ADOPT RULES: Any
3588   commission of this Association shall have the power
3589   to adopt rules for such commission and amendments
3590   thereto, provided such rules and amendments thereto
3591   do not conflict with or limit the Constitution and
3592   Bylaws of this Association. Rules and amendments
3593   thereto, adopted by any commission of this
3594   Association, shall not be effective until submitted in
3595   writing to and approved by majority vote of the
3596   House of Delegates of this Association, except the
3597   Joint Commission on National Dental Examinations
3598   shall have such bylaws and amendments thereto as
3599   the House of Delegates of this Association may adopt
3600   by majority vote for the conduct of the purposes and
3601   management of the Joint Commission on National
3602   Dental Examinations.
3603   Section 130. DUTIES:
3604   A.          COMMISSION             ON         DENTAL
3605   ACCREDITATION. The duties of the Commission
3606   on Dental Accreditation shall be to:
3607     a. Formulate and adopt requirements and guidelines
3608     for the accreditation of dental educational and dental
3609     auxiliary educational programs.
3610     b. Accredit dental educational and dental auxiliary
3611     educational programs.
3612     c. Provide a means for appeal from an adverse
3613     decision of the accrediting body of the Commission
3614     to a separate and distinct body of the Commission
3615     whose membership shall be totally different from
3616     that of the accrediting body of the Commission.
3617     d. Submit an annual report to the House of
3618     Delegates of this Association and interim reports, on
3619     request, and the Commission’s annual budget to the
3620     Board of Trustees of the Association.
3621     e. Submit the Commission’s articles of
3622     incorporation and rules and amendments thereto to
3623     this Association’s House of Delegates for approval
3624     by majority vote either through or in cooperation
3625     with the Council on Dental Education and
3626     Licensure.
3627   B. JOINT COMMISSION ON NATIONAL
3628   DENTAL EXAMINATIONS. The duties of the Joint
3629   Commission on National Dental Examinations shall
3630   be to:
3631    a. Provide and conduct written examinations,
3632    exclusive of clinical demonstrations for the purpose
3633    of assisting state boards of dental examiners in
3634    determining qualifications of dentists who seek
3635    license to practice in any state or other jurisdiction
3636    of the United States. Dental licensure is subject to
3637    the laws of the state or other jurisdiction of the
3638    United States and the conduct of all clinical
3639    examinations for licensure is reserved to the
3640    individual board of dental examiners.




       74                    Bylaws
               CHAPTER XIV • COMMISSIONS
             CHAPTER XV • SCIENTIFIC SESSION
               CHAPTER XVI • PUBLICATIONS


3641    b. Provide and conduct written examinations,
3642    exclusive of clinical demonstrations for the purpose
3643    of assisting state boards of dental examiners in
3644    determining qualifications of dental hygienists who
3645    seek license to practice in any state or other
3646    jurisdiction of the United States. Dental hygiene
3647    licensure is subject to the laws of the state or other
3648    jurisdiction of the United States and the conduct of
3649    all clinical examinations for licensure is reserved to
3650    the individual board of dental examiners.
3651    c. Make rules and regulations for the conduct of
3652    examinations and the certification of successful
3653    candidates.
3654    d. Serve as a resource of the dental profession in the
3655    development of written examinations.

             CHAPTER XV • SCIENTIFIC SESSION

3656   Section 10. OBJECT: The scientific session of this
3657   Association is established to foster the presentation
3658   and discussion of subjects pertaining to the
3659   improvement of the health of the public and the
3660   science and art of dentistry.
3661   Section 20. TIME AND PLACE: The scientific
3662   session of the Association shall be held annually at a
3663   time and place selected by the Board of Trustees. Such
3664   selection shall be made at least one (1) year in
3665   advance.
3666   Section 30. MANAGEMENT AND GENERAL
3667   ARRANGEMENTS: The Board of Trustees shall
3668   provide for the management of, and make all
3669   arrangements for, each scientific session unless
3670   otherwise provided in these Bylaws.
3671   Section 40. TRADE AND LABORATORY
3672   EXHIBITS: Products of the dental trade and dental
3673   laboratories and other products may be exhibited at
3674   each scientific session under the direction of the
3675   Board of Trustees and in accordance with rules and
3676   regulations established by that body.
3677   Section 50. ADMISSION: Admission to meetings of
3678   the scientific sessions shall be limited to members of
3679   this Association who are in good standing and to
3680   others admitted in accordance with rules and
3681   regulations established by the Board of Trustees.

               CHAPTER XVI • PUBLICATIONS

3682   Section 10. OFFICIAL JOURNAL:
3683   A. TITLE. This Association shall publish or cause to
3684   be published an official journal under the title of The
3685   Journal of the American Dental Association,
3686   hereinafter referred to as The Journal.




                            Bylaws                         75
               CHAPTER XVI • PUBLICATIONS
                CHAPTER XVII • FINANCES



3687   B. OBJECT. The object of The Journal shall be to
3688   report, chronicle and evaluate activities of scientific
3689   and professional interest to members of the dental
3690   profession.
3691   C. FREQUENCY OF ISSUE AND SUBSCRIPTION
3692   RATE. The frequency of issue and the subscription
3693   rate of The Journal shall be determined by the Board
3694   of Trustees.
3695   Section 20. OTHER JOURNALS: The Association
3696   may publish or cause to be published other journals in
3697   the field of dentistry subject to the direction and
3698   regulations of the Board of Trustees.
3699   Section 30. OFFICIAL TRANSACTIONS: The
3700   official transactions of the House of Delegates and the
3701   Board of Trustees and the reports of officers, councils
3702   and committees shall be published under the direction
3703   of the Executive Director.

3704   Section 40. AMERICAN DENTAL DIRECTORY:
3705   This Association shall cause to be published an
3706   American Dental Directory.

                  CHAPTER XVII • FINANCES

3707   Section 10. FISCAL YEAR: The fiscal year of the
3708   Association shall begin January 1 of each calendar
3709   year and end December 31 of the same year.
3710   Section 20. GENERAL FUND: The General Fund
3711   shall consist of all monies received other than those
3712   specifically allocated to other funds by these Bylaws.
3713   This fund shall be used for defraying all expenses
3714   incurred by this Association not otherwise provided
3715   for in these Bylaws. The General Fund may be
3716   divided into Operating and Reserve Divisions at the
3717   direction of the Board of Trustees.
3718   Section 30. OTHER FUNDS: The Association may
3719   establish other funds, at the direction of the Board of
3720   Trustees, for activities and programs requiring
3721   separate accounting records to meet governmental
3722   and administrative requirements. Such funds shall
3723   consist of monies and other assets received or
3724   allocated in accordance with the purpose for which
3725   they are established. Such funds shall be used for
3726   defraying all expenses incurred in their operation,
3727   shall serve only as separate accounting entities and
3728   continue to be held in the name of the American
3729   Dental Association as divisions of the General Fund.
3730   Section 40. SPECIAL ASSESSMENTS: In addition
3731   to the payment of dues required in Chapter I, Section
3732   20 of these Bylaws, a special assessment may be
3733   levied by the House of Delegates upon active, active
3734   life, retired and associate members of this Association
3735   as provided in Chapter I, Section 20 of these Bylaws,



       76                   Bylaws
                CHAPTER XVII • FINANCES
             CHAPTER XVIII • ALLIANCE OF THE
             AMERICAN DENTAL ASSOCIATION



3736   for the purpose of funding a specific project of
3737   limited duration. Such an assessment may be levied at
3738   any annual or special session of the House of
3739   Delegates by a two-thirds (2/3) affirmative vote of the
3740   delegates present and voting, provided notice of the
3741   proposed assessment has been presented in writing at
3742   least ninety (90) days prior to the first day of the
3743   session of the House of Delegates at which it is to be
3744   considered. Notice of such a resolution shall be sent
3745   by a certifiable method of delivery to each constituent
3746   society not less than ninety (90) days before such
3747   session to permit prompt, adequate notice by each
3748   constituent society to its delegates and alternate
3749   delegates to the House of Delegates of this
3750   Association, and shall be announced to the general
3751   membership in an official publication of this
3752   Association at least sixty (60) days in advance of the
3753   session. The specific project to be funded by the
3754   proposed assessment, the time frame of the project,
3755   and the amount and duration of the proposed
3756   assessment shall be clearly presented in giving notice
3757   to the members of this Association. Revenue from a
3758   special assessment and any earnings thereon shall be
3759   deposited in a separate fund as provided in Chapter
3760   XVII, Section 30 of these Bylaws. The House of
3761   Delegates may amend the main motion to levy a
3762   special assessment only if the amendment is germane
3763   and adopted by a two-thirds (2/3) affirmative vote of
3764   the delegates present and voting. The House of
3765   Delegates may consider only one (1) specific project
3766   to be funded by a proposed assessment at a time.
3767   However, if properly adopted by the House of
3768   Delegates, two (2) or more special assessments may
3769   be in force at the same time. Any resolution to levy a
3770   special assessment that does not meet the notice
3771   requirements set forth in the previous paragraph also
3772   may be adopted by a unanimous vote of the House of
3773   Delegates, provided the resolution has been presented
3774   in writing at a previous meeting of the same session.

             CHAPTER XVIII • ALLIANCE OF THE
             AMERICAN DENTAL ASSOCIATION

3775   Section 10. RECOGNITION: The Association
3776   recognizes the Alliance of the American Dental
3777   Association as an organization of the spouses of
3778   active, life, retired or student members in good
3779   standing of this Association, and of spouses of such
3780   deceased members who were in good standing at the
3781   time of death.
3782   Section 20. CONSTITUTION AND BYLAWS: No
3783   provision in the constitution and bylaws of the
3784   Alliance shall be in conflict with the Constitution and
3785   Bylaws of this Association.




                            Bylaws                         77
             CHAPTER XIX • INDEMNIFICATION
              CHAPTER XX • CONSTRUCTION
              CHAPTER XXI • AMENDMENTS



              CHAPTER XIX • INDEMNIFICATION
3786   Each trustee, officer, council member, committee
3787   member, employee and other agent of the Association
3788   shall be held harmless and indemnified by the
3789   Association against all claims and liabilities and all
3790   costs and expenses, including attorney’s fees,
3791   reasonably incurred or imposed upon such person in
3792   connection with or resulting from any action, suit or
3793   proceeding, or the settlement or compromise thereof,
3794   to which such person may be made a party by reason
3795   of any action taken or omitted to be taken by such
3796   person as a trustee, officer, council member,
3797   committee member, employee or agent of the
3798   Association, in good faith. This right of
3799   indemnification shall inure to such person whether or
3800   not such person is a trustee, officer, council member,
3801   committee member, employee or agent at the time
3802   such liabilities, costs or expenses are imposed or
3803   incurred and, in the event of such person’s death,
3804   shall extend to such person’s legal representatives. To
3805   the extent available, the Association shall insure
3806   against any potential liability hereunder.

               CHAPTER XX • CONSTRUCTION

3807   Where the context or construction requires, all titles
3808   and personal pronouns used in the Bylaws, whether
3809   used in the masculine, feminine or neutral gender,
3810   shall include all genders.

                CHAPTER XXI • AMENDMENTS

3811   Section 10. PROCEDURE: These Bylaws may be
3812   amended at any session of the House of Delegates by
3813   a two-thirds (2/3) affirmative vote of the delegates
3814   present and voting, provided the proposed
3815   amendments shall have been presented in writing at a
3816   previous session or a previous meeting of the same
3817   session.
3818   Section 20. AMENDMENT AFFECTING THE
3819   PROCEDURE FOR CHANGING THE DUES OF
3820   ACTIVE MEMBERS: An amendment of these
3821   Bylaws affecting the procedure for changing the dues
3822   of active members may be adopted only if the
3823   proposed amendment has been presented in writing at
3824   least ninety (90) days prior to the first day of the
3825   session of the House of Delegates at which it is to be
3826   considered. Notice of such a resolution shall be sent
3827   by a certifiable method of delivery to each constituent
3828   society not less than ninety (90) days before such
3829   session to permit prompt, adequate notice by each
3830   constituent society to its delegates and alternate
3831   delegates to the House of Delegates of this
3832   Association, and shall be announced to the general



       78                   Bylaws
               CHAPTER XXI • AMENDMENTS



3833   membership in an official publication of the
3834   Association at least sixty (60) days in advance of the
3835   annual session.
3836    Amendments affecting the procedure for changing
3837   the dues of active members may also be adopted by a
3838   unanimous vote provided that the proposed
3839   amendment has been presented in writing at a
3840   previous meeting of the same session.




                            Bylaws                        79
                            Articles of
                     Incorporation

       • • • • • • • • • • • • • • • • • • • • • • • • •


3841   1. NAME. The name of this corporation is
3842   AMERICAN DENTAL ASSOCIATION.
3843   2. DURATION. The duration of the corporation is
3844   perpetual.
3845   3. PURPOSE AND OBJECT. The purpose and object
3846   of this corporation are to encourage the improvement
3847   of the health of the public and to promote the art and
3848   science of dentistry.
3849   4. OFFICE. The principal office of the corporation
3850   shall be in the City of Chicago, Cook County, Illinois.
3851   5. BYLAWS. The bylaws of the corporation shall be
3852   divided into two categories designated, respectively,
3853   “Constitution” and “Bylaws” and each category shall
3854   be amendable from time to time in the manner and by
3855   the method therein set forth, but in case of any
3856   conflict between the Constitution and the Bylaws the
3857   provisions of the Constitution shall control.
3858   6. MEMBERSHIP. The qualifications, the method of
3859   election, designation or selection, the privileges and
3860   obligations, and the voting rights, if any, of the
3861   various classes of members which are established by
3862   the Constitution and Bylaws of the corporation from
3863   time to time shall be set forth in and governed by
3864   such Constitution and Bylaws.
3865   7. EXERCISE OF CORPORATE POWERS. Except
3866   as otherwise provided by law, the affairs of this
3867   corporation shall be governed and the corporate
3868   powers of the corporation shall be exercised by a
3869   Board of Directors (to be known as the Board of
3870   Trustees), House of Delegates, officers, councils,
3871   committees, members, agents and employees as set
3872   forth in the Constitution and Bylaws and the titles,
3873   duties, powers, and methods of electing, designating
3874   or selecting all of the foregoing shall be as provided
3875   therein.
3876   8. VOTING RIGHTS WITH RESPECT TO
3877   ARTICLES OF INCORPORATION. Only those
3878   members of the corporation shall have voting rights in
3879   respect to amendments to the Articles of
3880   Incorporation who shall have a right to vote on
3881   amendments to the Constitution of the corporation.




       80             Articles of Incorporation
American Dental Association
A current electronic version of this document is available at www.ada.org

								
To top