House of Delegates


ARTICLE III. 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.

SECTION 1.  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) duly designated delegates from the medical student section; (f) 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; (g) 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; (h) any past executive vice-president of the State Society, who shall be a member 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; (i) 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 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; (j) 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; (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.

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.

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.

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 practice 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 student members of each medical school in New York State shall, at least sixty days prior to the annual meeting of the House of Delegates of the Medical Society of the State of New York, elect two members from among their number to represent them at the business meeting of the medical student section which shall be held immediately prior to the convening of the House of Delegates.  At such meeting the representatives shall elect a chairman, vice-chairman, secretary, delegates, and alternate delegates.  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 chairman, vice-chairman, and secretary shall conduct the business meeting and the delegates and alternate delegates shall represent the student members at the first annual meeting of the House of Delegates subsequent to their designation.

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.

SECTION 2.  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.  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.

Credentials signed by the president and secretary shall be issued to delegates to the American Medical Association.

It 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.

It 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.

It 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.

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

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


SECTION 3.  MEETINGS

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 delegate, 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 mailed first class postpaid 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 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 officers, councilors, and trustees of the Medical Society of the State of New York, and the delegates to the American Medical Association shall be nominated and elected at the annual meeting of the House of Delegates.  In odd numbered years beginning with the year 1999 at least one resident physician shall be elected as full delegate and at least one medical student shall be elected as an alternate delegate to the American Medical Association.  In even numbered years beginning with the year 2000 at least one medical student shall be elected as a full delegate and at least one resident physician shall be elected as an alternate delegate to the American Medical Association.

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.