House of Delegates


ARTICLE IV. HOUSE OF DELEGATES

There shall be a House of Delegates which shall be the legislative body of the Medical Society of the State of New York and shall be charged with the general management, superintendence, and control of the State Society and its affairs, and shall have such general powers as may necessarily be incident thereto, except as otherwise specifically provided by the Bylaws.

The notices of the annual meeting of the House of Delegates and annual and special meetings of the Medical Society of the State of New York shall state the date, place, and hour and shall be mailed postpaid to each member by first class mail or emailed not less than ten nor more than fifty days before a meeting.

Publication of such notice in the official publication of the Medical Society of the State of New York shall be considered as complying with this provision.

The affidavit of mailing by the secretary of the Medical Society of the State of New York to the last recorded address or email address of the member shall be deemed sufficient proof of the service upon each and every member for any and all purposes.


SECTION A – COMPOSITION

The House of Delegates shall be composed of:

(a) duly designated delegates from the component county medical societies;

(b) officers of the Medical Society of the State of New York, councilors, and trustees;

(c) a duly designated delegate from each district branch;

(d) a duly designated delegate from each recognized specialty society;

(e) the Commissioner of Health of the State of New York, or a deputy designated by the Commissioner, provided that any representative shall be a member of the State Society;

(f) past-presidents of the State Society and any past president of the American Medical Association, provided that individual is a member of the Medical Society of the State of New York who shall be members for life of the House of Delegates;

(g) any past executive vice-president of the State Society, who shall be a member of the House of Delegates for life, provided that individual is a member of the Medical Society of the State of New York, resides in the State of New York and is not otherwise a member of the House of Delegates for life in accordance with this section;

(h) any past deputy executive vice-president of the State Society who has served a minimum of three years as deputy executive vice-president, who shall be a member of the House of Delegates for life, provided that the individual is a member of the State Society, resides in the State of New York, is not otherwise a member of the House of Delegates for life in accordance with this section, and is elected as a member for life by a majority of the members of the House of Delegates present and voting;

(i) a representative from each of the medical schools in New York State, provided said representative is a member of the Medical Society of the State of New York;

(j) duly designated delegates from the medical student section

(k) delegates representing the resident and fellow section;

(l)a delegate representing the organized medical staff section;

(m) delegates representing the young physicians section; and

(n) elected officers, trustees, and speakers of the American Medical Association, provided those individuals are members of the Medical Society of the State of New York; and

(o) past Speakers of the MSSNY House of Delegates who shall be members of the House for life, provided that individual is a member of the Medical Society of the State of New York.

The number of delegates to which each component county medical society is entitled shall be determined by one of the two following optional methods:

(a)        Each component county medical society shall be entitled to as many delegates as there shall be State assembly districts in such county at the time of election, but each county medical society shall be entitled to elect at least 1 delegate;

(b)        Any component county medical society which, according to the rules of the Medical Society of the State of New York two months prior to the annual meeting, shall have had up to 99 members, shall be entitled to 1 delegate.

Any component county medical society having 100 to 199 members shall be entitled to 2 delegates.  Any component county medical society having 200 to 349 members shall be entitled to 3 delegates.  Any component county medical society having 350 to 499 members shall be entitled to 4 delegates.  Any component county medical society having 500 to 749 members shall be entitled to 5 delegates.  Any component county medical society having 750 to 999 members shall be entitled to 6 delegates.  Any component county medical society having 1,000 or more members shall be entitled to at least 7 delegates and 1 additional delegate for each additional 300 members.  Each component county medical society shall be entitled to designate at least 1 delegate, but no component county medical society shall be entitled to designate more than 30 delegates.

If a county medical society is unable to send any delegates to the House of Delegates to be credentialed as a delegate from the specific county medical society, then and in that event, such county medical society shall be entitled to designate one member from another county medical society within its specific district branch to be credentialed as a delegate to the House.  The provision is only available in the case where a county medical society is unable to send any delegate whatsoever from the specific county medical society, and does not apply in the case where a county medical society is able to send at least 1 delegate from the specific county medical society.

A delegate to the House of Delegates shall not be considered in good standing or entitled to vote in the House of Delegates if the component county medical society by which said delegate was elected is in default of the payment of any dues or assessments imposed by the House of Delegates, and said component county medical society has been duly notified of such default, or if such component county medical society shall at the time be under sentence of suspension imposed by the House of Delegates, or if such delegate is not in good standing in the Medical Society of the State of New York, or in the component county medical society to which said delegate belongs.

The term of a delegate duly designated by a component county medical society, district branch, specialty society, medical school or the medical student section shall begin at the first annual meeting of the House of Delegates subsequent to his designation.

A delegate shall work or maintain residence or an office in the State of New York. Otherwise, said delegate’s office as a delegate in the Medical Society of the State of New York shall be declared vacant by the Council.

The medical student section shall be entitled to one delegate and one alternate delegate and, according to the rolls of the Medical Society of the State of New York sixty days prior to the annual meeting, one additional delegate for each additional 400 student members, up to a maximum of 3 delegates.  No member shall hold more than one such office.

The resident and fellow section shall be entitled to elect a minimum of one delegate to the House of Delegates and, according to the rolls of the Medical Society of the State of New York sixty days prior to the annual meeting, one additional delegate for each additional 400 members over 100, up to a maximum of three delegates.  The method of electing the resident and fellow section delegate shall be determined by the Council.

The young physicians section is authorized to be represented in the House of Delegates by a minimum of one delegate and, according to the rolls of the Medical Society of the State of New York sixty days prior to the annual meeting, one additional delegate for each additional 400 members over 100, up to a maximum of three delegates.

The organized medical staff section is authorized to be represented in the House of Delegates by one delegate.

SECTION B – DUTIES

The House of Delegates formulates policy for the Medical Society of the State of New York.  No officer, councilor, board, commission, committee, or employee shall initiate any policy or commit the State Society to any policy unless such policy has been expressly approved by the House of Delegates or by the Council.

It shall elect the officers, councilors, and trustees of the State Society and the delegates to the American Medical Association.  In odd numbered years beginning with the year 1999 it shall ensure that at least one resident physician is elected as a full delegate and at least one medical student is elected as an alternate delegate to the American Medical Association.  In even numbered years beginning with the year 2000 it shall ensure that at least one medical student is elected as a full delegate and at least one resident physician is elected as an alternate delegate to the American Medical Association. According to the AMA guidelines, all delegates and alternates must be a member in good standing of the AMA.  A student member of the Medical Society of the State of New York, who is in good standing, is eligible for election as delegate to the American Medical Association provided he is a member of the AMA.

The House of Delegates shall pass on the credentials and qualifications of delegates and shall decide who are entitled to be members of the House of Delegates of the Medical Society of the State of New York.

The House of Delegates shall have authority and power to suspend or otherwise discipline its own members, district branches, component county medical societies, or any members of the Medical Society of the State of New York charged with special duties for and under authority of the State Society.

The House of Delegates shall provide for the organization of the district branches, for rules and regulations for its own government, and for the administration of the affairs of the State Society.

The House of Delegates shall provide for the issuance of charters to component county medical societies in affiliation with the Medical Society of the State of New York.

The House of Delegates shall have authority to appoint special committees from among members of the Medical Society of the State of New York.

SECTION C – MEETINGS

  1. Annual Meeting of The House of Delegates

There shall be an annual meeting of the House of Delegates of the Medical Society of the State of New York to be held at a time and place designated by the House of Delegates or by the Council.

The annual meeting of the Medical Society of the State of New York and the annual meeting of the House of Delegates shall be held at the call of the speaker.

The sessions of the House of Delegates may be adjourned from time to time as may be necessary.  At least 30 days before the annual meeting of the House of Delegates, the speaker shall announce a schedule of the adjourned sessions of the House of Delegates.  This schedule may be amended by the House of Delegates during its meeting.

Resolutions may be submitted to the House of Delegates only by members of the House of Delegates as individuals, or by component county medical societies, district branches, specialty society delegates, the organized medical staff delegate, the resident and fellow section delegates, medical student section delegates, medical school delegates and MSSNY Committees.

Resolutions to be presented to the House of Delegates shall be forwarded to the speaker at least thirty days in advance of the annual meeting of the House of Delegates, with the exception of resolutions submitted by any section whose annual meeting is held 30 days prior to the meeting of the House of Delegates.

Resolutions may be presented by a voting delegate any time prior to the final day of the annual meeting of the House of Delegates but will be accepted for consideration by the House of Delegates only upon two-thirds vote of delegates present and voting.

Resolutions of an emergency nature presented by voting delegates on the final day of the annual meeting of the House of Delegates shall be referred by the speaker to an appropriate reference committee, which shall then report to the House as to whether the matter involved is or is not of an emergency nature.  If the reference committee reports that the matter is of an emergency nature, it shall be presented to the House without further consideration by a reference committee.  Favorable action shall require the affirmative vote of three-fourths of all delegates present and voting.  If the reference committee reports that the matter is not of an emergency nature, the speaker shall defer its introduction until the next annual meeting of the House of Delegates.

Special meetings of the House of Delegates shall be called by the speaker on the request in writing by 25 percent of the duly accredited delegates of the previous annual meeting of the House, or at the request of the Council; and in case of the failure, inability, or refusal of the speaker to act, such meetings may be called by a notice thereof subscribed by 25 percent of duly accredited delegates.

The notices of the annual and special meetings of the House of Delegates shall state the date, place, hour, and items of business that will be considered.  These shall be directly communicated by email or other means to each delegate not less than ten nor more than fifty days before such a meeting.

Publication of the notice of the annual meeting in the official publication of the Medical Society of the State of New York and its website shall be considered as complying with this provision.

The affidavit of mailing by the secretary of the Medical Society of the State of New York to the last recorded address of the delegate shall be deemed sufficient proof of the service on each and every delegate for any and all purposes.

A quorum shall consist of 100 members of the House of Delegates.

The following shall be the order of business at the sessions of the House of Delegates:

  1. Calling the meeting to order
  2. Invocation
  3. National Anthem
  4. Report of Reference Committee on Credentials
  5. Report by the secretary as to the presence or absence of a quorum
  6. Remarks by the Speaker
  7. Reading of the minutes of the previous meeting by title
  8. Address by the President
  9. Report of House Committee on Bylaws
  10. Report of the Judicial Council
  11. Reports of Council commissions and committees
  12. Report of the Secretary
  13. Report of the Treasurer
  14. Report of the Board of Trustees
  15. Report of the Executive Vice-President
  16. Reports of district branches
  17. Reports of special committees
  18. Reports of reference committees
  19. Elections
  20. Recess for annual meeting of the State Society
  21. Unfinished business
  22. New business
  23. Adjournment

This order of business may be altered by the speaker with the approval of the House of Delegates and may be suspended by two-thirds vote of the House.

No delegate shall speak on any question before the House of Delegates for longer than five minutes nor more than once on any subject except by the consent to a majority vote of the House.

The rules contained in the current edition of the American Institute of Parliamentarians Standard Code of Parliamentary Procedure shall govern the House of Delegates in all cases in which they are not inconsistent or in conflict with the Bylaws of the Medical Society of the State of New York or the standing or special rules of the House of Delegates. 

  1. Annual Meeting of The Medical Society of The State of New York

The Medical Society of the State of New York shall hold its annual meeting at the last scheduled session of the House of Delegates, while the House is recessed following the annual elections.  The president shall preside at this annual meeting of the State Society, which shall include the induction of the incoming president.  The incoming president shall deliver an inaugural address at the annual meeting of the State Society.

Following the adjournment of the annual meeting, the House of Delegates shall reconvene to complete its agenda and receive the report of the tellers. 

Each member in attendance at the annual meetings of the Medical Society of the State of New York shall enter his name and the name of the component county medical society to which the member belongs in a register to be kept by the secretary of the State Society for that purpose.  No member shall take part in any of the proceedings of such convention until said member shall have complied herewith.

No address or paper before the Medical Society of the State of New York, except those of the president and president-elect, shall occupy more than twenty minutes in its delivery.

The following shall be the order of business at the annual meeting of the Medical Society of the State of New York:

  1. Calling the State Society to order
  2. Induction of incoming president
  3. Inaugural address by incoming president
  4. Adjournment

The rules contained in the current edition of the American Institute of Parliamentarians Standard Code of Parliamentary Procedure shall govern the Medical Society of the State of New York in all cases in which they are not inconsistent or in conflict with the Bylaws of the State Society.

  1. Special Meetings

Special meetings of the Medical Society of the State of New York shall be called by the president on the request in writing of members entitled to cast ten percent of the total number of votes entitled to be cast at such meeting.

 Such request must specify the date and month of such meeting, which shall not be less than two nor more than three months from the date of such written demand.  The president of the Society upon receiving the written request shall direct the secretary to promptly give notice of such meeting.  If the secretary shall fail to give such notice within five business days of such request, any member signing such request may give the required notice.

Section D – Committees of The House of Delegates

  1. Reference Committees

At least one month before the meeting of the House of Delegates the speaker shall appoint and publish in the official publication of the Medical Society of the State of New York such reference committees as shall be deemed expedient for the purposes of the meeting.  Immediately after the organization of the House of Delegates the speaker shall formally announce the appointments of the committees.  Only members of the House of Delegates shall be eligible for appointment to the reference committees.  Such committees shall each consist of five members, three members constituting a quorum, and shall serve during the meeting of the House of Delegates for which they are appointed.

Annual reports of officers, Council commissions and committees, Board of Trustees, Judicial Council, district branches, and special committees may be available at least one month before the meeting of the House of Delegates and sent to the members of the reference committees appointed according to paragraph 1, for their preliminary consideration.

All recommendations, resolutions, measures, and propositions presented to the House of Delegates and which have been duly seconded shall be referred by the speaker to the appropriate reference committees, except that reports of committees of the House of Delegates may, at the discretion of the House, be presented directly to the House without referral to the reference committees.

Each reference committee shall consider such business as may have been referred to it and shall report promptly to the House.

Any member of the Medical Society of the State of New York in good standing shall have the right to appear before any reference committee and participate in its deliberations.

  1. House Committee on Bylaws

The House Committee on Bylaws shall be appointed annually by the speaker.  It shall consist of at least five members including a chairperson, all of whom shall be members of the House.  The president, secretary, and the speaker shall be ex-officio members with voice and vote.  The executive vice-president, deputy executive vice-president, and general counsel of the Medical Society of the State of New York shall be members of the committee with voice but without vote.

It shall be the duty of the committee to study all proposed amendments to the Bylaws and the Principles of Professional Conduct of the State Society and to report thereon at the annual meeting of the House of Delegates following the meeting at which such amendments are proposed.  The committee shall include in its report recommendations for action on the proposed amendments with reasons for such recommendations.

It shall be the duty of the committee to suggest amendments to or revisions of the Bylaws and the Principles of Professional Conduct of the Medical Society of the State of New York.

The report of the House Committee on Bylaws shall be presented directly to the House, without referral to a reference committee.

  1. Special Committees

Special committees may be created by the House of Delegates to perform the special functions for which they are created.  They shall be appointed by the speaker or other officer presiding pro tempore over the meeting at which the committee is authorized. 

Section E – Specialty Society Representation

The House of Delegates shall designate those specialty societies entitled to representation in the Medical Society of the State of New York.  Such specialty societies shall correspond to the statewide specialty societies recognized by the Council of the Medical Society of the State of New York.

Each of the Statewide specialty societies recognized by the Council of the Medical Society of the State of New York shall be requested to submit to the office of the executive vice-president the name of one delegate and one alternate delegate not less than ninety days prior to the annual meeting of the House of Delegates. All such designated delegates must be members of the Medical Society of the State of New York.

Should the delegate or alternate of a specialty society be unable to serve in the House of Delegates, the president of the specialty society shall designate a substitute delegate and shall so notify the secretary of the Medical Society of the State of New York in writing.