BYLAWS OF
THE TEXAS SOCIETY OF ANESTHESIOLOGISTS, INC.
PREAMBLE
The mission of the Texas Society of Anesthesiologists is to advance, promote and preserve the highest quality, evidence-based, physician anesthesiologist-led care for all patients. We strive to achieve our mission through our core values of compassion, professionalism, advocacy, inclusion, and well-being.
1.00 IN GENERAL
Membership in the Texas Society of Anesthesiologists, Inc., (hereinafter referred to as the “Society”), is a privilege and not a right. No person shall be accepted or continued as a member unless he or she is of good moral character and practices medicine within the Code of Ethics of the American Medical Association. Furthermore, if in active clinical practice, he or she shall practice anesthesiology in accord with applicable Standards of Care of the American Society of Anesthesiologists and any Statements of Policy of the Texas Society of Anesthesiologists.
The Society shall have its principal offices in Austin, Texas, at a location to be determined by the Board of Directors of the Society.
1.01 CATEGORIES
There shall be nine classes of membership: Active; Affiliate; Resident; Medical Student; Honorary; Retired; Active Disabled; Life; and Educational.
1.010 Active Member
A Doctor of Medicine or a Doctor of Osteopathy who holds a license to practice medicine in the State of Texas and practices anesthesiology in Texas..
1.011 Affiliate Member
An Affiliate Member must be in one of the following categories:
1.0110 A physician who is in the service of the U.S. Government (Armed Forces, Veterans Administration, or Public Health Service);
1.0111 A physician residing outside the United States;
1.0112 A scientist, not a physician, who is interested in anesthesiology;
1.0113 A physician not in the clinical practice of anesthesiology.
1.012 Resident Member
A physician in training in the State of Texas in an anesthesiology residency program accredited by the Accreditation Council for Graduate Medical Education.
A Resident Member shall not be eligible for this category any longer than the term of appointment in an accredited anesthesiology residency program. He or she must then qualify for Active or Affiliate membership in this Society or his/her membership must be terminated.
1.013 Medical Student Member
An individual undertaking full-time education in a medical school in the State of Texas and approved by the Liaison Committee on Medical Education (LCME) or the American Osteopathic Association.
A Medical Student Member shall not be eligible for this membership category any longer than the course of education in an approved medical school. He or she must then qualify for Resident or Affiliate membership, or his/her membership must be terminated.
1.014 Honorary Member
A physician or other scientist who has attained eminence in anesthesiology or who has rendered years of faithful service to the Society or other individuals who have made significant contributions to promoting the medical specialty of anesthesiology in the state of Texas.
An Honorary Member need not be an Honorary Member of the ASA.
1.015 Retired Member
A physician who has retired from professional activities and who has been an Active Member in this Society for ten years or more, or who is a retired member of the American Society of Anesthesiologists.
1.016 Active Disabled Member
An Active Member of this Society who is disabled and therefore unable to engage in the practice of anesthesiology for six months or more.
1.017 Life
Any member of the society who is a Life Member of the American Society of Anesthesiologists.
1.018 Anesthesiologist Assistant
An anesthesiologist assistant or a student anesthesiologist assistant shall be working in the State of Texas and a member in good standing with the Texas Academy of Anesthesiologist Assistants (TAAA).
1.019 Eligibility Requirements
If applicable, all members must maintain equivalent applicable membership in the American Society of Anesthesiologists (ASA).
1.02 LOCATION OF PRINCIPAL PROFESSIONAL ACTIVITY
The term “Location of Principal Professional Activity” shall be defined as the place where the member performs the greater part of his or her professional duties, or the location where the member receives United States Postal Service deliveries associated with his or her Principal Professional Activity, as distinguished from his or her place of residence or location of temporary or other professional pursuits.
Each Active, Resident, Medical Student or Educational Member’s location of principal professional activity shall be in the State of Texas. In the event of uncertainty or dispute as to location of principal professional activity, the matter shall be referred to the Membership Committee of this Society for a ruling, and the Committee’s decision shall be final.
1.03 PROCESSING OF APPLICATION
1.030 Active
An application shall be submitted to the Secretary of this Society on the form titled “Application for Membership”.
1.031 Affiliate
An application shall be submitted to the Secretary of this Society on the form titled “Application for Membership.”
1.032 Resident
An application shall be submitted to the Secretary of this Society on the form titled “Application for Membership” and shall be endorsed by the Director of the training program.
1.033 Medical Student
An application shall be submitted to the Secretary of the Society on the form titled “Application for Membership” and shall be endorsed by the chair of the department of anesthesiology of the applicant’s medical or osteopathic school.
In situations when there is no anesthesiology department at the applicant’s medical or osteopathic school, an application can be endorsed by a representative of the student’s college of medicine/osteopathy or the TSA Secretary.
1.034 Honorary
Nominations for Honorary Membership shall be in writing and forwarded to the Membership Committee. Nominations shall specifically set forth the qualifications of the candidate and be supported by the signatures of three active members of this Society who are personally acquainted with the individual. Upon approval, the Membership Committee shall submit the nomination with its recommendations to the House of Delegates. A two-thirds vote of the seated members of the House of Delegates shall be necessary for election to honorary membership. Members of this Society elected to honorary membership in the American Society of Anesthesiologists automatically become honorary members of this Society.
1.035 Retired
An application shall be submitted to the Secretary of this Society stating the facts by which the applicant is eligible for such membership.
1.036 Active Disabled
Active disabled members of this Society meeting the requirements of paragraph 1.016 shall at their request be placed in Active Disabled membership status. When they resume active practice, they must so notify the Secretary of the Society and shall thereupon be reinstated as active members.
1.037 Anesthesiologist Assistant
Each applicant as described in 1.018 shall file with the Secretary of this Society an application endorsed by two active Society members and signed statements subscribing to (a) the Guidelines for the Ethical Practice of Anesthesiology as that document relates to anesthesiologist assistants and (b) The Anesthesia Care Team statement as approved by the American Society of Anesthesiologists.
1.038 Change of Status
Any member wishing to change his or her category shall submit a new application through the Secretary of this Society to the Board of Directors for its consideration.
1.04 APPROVAL OF APPLICATIONS
All applicants shall be investigated by the Membership Committee, who shall recommend acceptance or rejection to the Board of Directors. A member shall be elected by a majority vote of the Board of Directors of this Society.
1.05 RIGHTS AND PRIVILEGES
1.050 Active and Active Disabled
Active and Active Disabled Members of this Society shall be entitled to full voting privileges.
1.051 Affiliate, Resident, Medical Student, Honorary, and Retired
These members shall be entitled to attend meetings and to participate in all functions of the Society, including membership on committees, except that they shall not serve as officers, delegates, or other officials and shall not be entitled to vote, except at meetings of committees on which they serve.
1.052 Life
These members shall have all the privileges of active members but shall not pay dues or assessments.
1.053 Anesthesiologist Assistant
These members shall be entitled to attend meetings that are approved by the Board of Directors and serve as committee members, except that they shall not serve as officers, delegates, or other officials and shall not be entitled to vote. Committee appointments will be limited to a one-year term.
1.06 AGREEMENT OF MEMBERS
By making application for membership or by continuing membership in this Society, each member agrees to abide by and be bound by the Articles and Bylaws of this Society, and to abide by any Statements of Policy of this Society, as well as all applicable Standards of Care of the ASA and the Principles of Medical Ethics of the American Medical Association.
1.07 MAINTENANCE OF OTHER MEMBERSHIPS
Active and resident members of the American Society of Anesthesiologists upon transfer of their location of principal professional activities to the State of Texas, shall make written application for membership in this Society within ninety days thereafter.
1.070 Failure to Maintain Membership in the American Society of Anesthesiologists
Upon receipt of written notice from the American Society of Anesthesiologists that a member of this Society is not a member of such organization, the Secretary of this Society shall give written notice to such member that his or her membership in the Society will be terminated unless he or she regains membership and gives evidence thereof to the Secretary within sixty days. If the member does not regain membership in the ASA within this sixty day period, the Secretary shall remove such member’s name from the membership rolls of this Society and shall notify him/her thereof.
1.08 APPEAL
A member of the American Society of Anesthesiologists whose application for membership in this Society is disapproved, may appeal to the Board of Directors of this Society.
1.080 Notice
The member shall forward written notice of appeal to the Secretary of this Society, who will refer the matter to the Judicial Committee of this Society.
1.081 Investigation
The Judicial Committee shall:
1.0810 Request the Membership Committee to furnish a written statement detailing the reason for its ruling;
1.0811 Request the member to furnish a written statement detailing the grounds for appeal, together with such documentary material as deemed necessary; and,
1.0812 Make such other investigations as it deems necessary or proper.
1.082 Hearing
The Judicial Committee may, at its sole discretion, convene a hearing on the matter. At such a hearing, both the applicant and the Membership Committee of this Society are entitled to an advocate. The advocate must be an Active Member of the ASA.
1.083 Report
The Judicial Committee shall make a written report to the Board of Directors of this Society, stating its findings and its specific recommendations.
1.09 CENSURE, SUSPENSION, AND EXPULSION OF MEMBERS
A member of this Society may be censured, suspended, or expelled for cause.
1.090 Cause
1.0900 Removal or denial of membership by the American Society of Anesthesiologists.
1.0901 Revocation or suspension of license to practice medicine by a regularly constituted State authority.
1.0902 Conviction in a court of law of felony or any offense involving moral turpitude.
1.0903 Any cause or act which is detrimental to this Society or the medical specialty of anesthesiology.
1.0904 Failure to abide by the provisions of these Bylaws.
1.0905 Failure to abide by the Texas Society of Anesthesiologists Guidelines for Expert Witness Testimony.
1.091 Investigation
Cases involving complaints about Expert Witness Testimony shall be referred to the Peer Review Committee for initial investigation pursuant to Article 9.2052 of the Bylaws. All other causes or claims shall be referred directly to the Judicial Committee, which shall conduct an investigation and hearing as deemed necessary.
1.092 Procedure
If the Judicial Committee determines hearings are necessary, it shall prepare a notice which will:
1.0920 Set forth the matter in question with sufficient particularity so that the member will be cognizant of the questions to be inquired into;
1.0921 Inform the member that he or she will have an opportunity to be heard by the Judicial Committee; and
1.0922 Inform the member that he or she will be notified of the time and place of the hearing at least 30 days in advance.
1.093 Hearing
The Judicial Committee may make such other investigation as it deems proper and shall give the member notice of any hearing as per Article 1.0922 of these Bylaws.
At the hearing, the member shall have the opportunity to speak, to present a written statement, and to produce documents and witnesses, and he or she is entitled to an advocate, who shall be an Active member of the American Society of Anesthesiologists.
Should the member involved fail to appear at the hearing, the Judicial Committee may consider the matter on the basis of the notice and reports from the Peer Review Committee, as well as evidence and information developed during the investigation.
1.094 Report
The Judicial Committee shall make a written report to the Board of Directors of this Society, stating:
1.0940 The matters set forth in the notice sent to the member in question;
1.0941 The findings of fact of the Judicial Committee thereon; and
1.0942 The specific recommendations of the Judicial Committee. The findings of fact by the Judicial Committee are conclusive.
1.095 Action
At the next meeting of the Board of Directors following receipt of such report, the Board shall consider and act upon same.
The Board shall, by resolution, determine whether or not the member should be disciplined and the nature of the disciplinary action, if any.
1.10 EFFECT OF CENSURE, SUSPENSION OR EXPULSION
Censure, suspension or expulsion of a member of this Society affects his or her status as follows:
1.100 Censure
Censure of a member shall be at the discretion of the Board of Directors and shall not limit the affected party’s rights and privileges of membership in this Society.
1.101 Suspension
Suspension of a member shall be for a definite period of time and may, at the sole discretion of the Board of Directors, be commuted at any time.
During the period of suspension, the member is not entitled to exercise any of the rights or privileges of membership in this Society and shall not, for the purpose of these Bylaws, be deemed a member in good standing.
If the suspended member is an Officer, Director, or member of any Committee of this Society, the Board of Directors may, at its discretion, declare that position vacant.
1.102 Expulsion
All rights and privileges of a member in this Society cease upon expulsion or the termination of membership pursuant to the provisions of Sections 1.07, 1.09, or Article 2 of these Bylaws. Any position in this Society held by such member thereupon becomes vacant.
1.11 REINSTATEMENT
A member of this Society whose membership has been terminated pursuant to the provisions of Sections 1.07 or 1.09 of these Bylaws may make application for reinstatement, provided:
1.110 Application is made in the same manner as provided in these Bylaws for an original application for membership; and
1.111 One year has elapsed since the date the membership was terminated, or since rejection of any prior application for reinstatement.
