Article I. Name and Definitions
Article II. Purpose of this Society
A. Contribution to the public welfare by advancement of the profession of dentistry and in particular of the specialty of oral and maxillofacial surgery.
B. The advancement of programs of education and standards of practice in the specialty of oral and maxillofacial surgery in Kentucky.
C. The improvement of relations between the allied health services.
Article III. Organization
Section 1. Incorporation
The Society is a not-for-profit organization chartered under the laws of the State of Kentucky. If this corporation is dissolved at any time, no part of its funds or property shall be distributed to, or among, its members but, after payment of all indebtedness of the corporation, its surplus funds and properties shall be used for education and research in such a manner as the then governing body of the Society may determine.
Section 2. Central Office
The registered office shall be in the State of Kentucky, at the office of the Secretary-Treasurer.
Section 3. Membership
The membership of this Society shall be as established in Chapter I. of the Bylaws.
Article IV. Government
Section 1. Legislative
The legislative and governing body of this Society shall be the membership as described in Chapter I. of the Bylaws.
Section 2. Administrative Body
The administrative body of this Society shall be an Executive Council as described in Chapter II. of the Bylaws.
Article V. Officers
The elective officers of this Society shall be President, President-elect, Vice President and Secretary-Treasurer, each of whom shall be elected at the annual meeting.
Article VI. Annual Meeting
The annual meeting shall be conducted as provided in Chapter IX. of the Bylaws.
Article VII. Principles of Ethics
The Code of Professional Conduct and Official Advisory Opinions of the American Association of Oral and Maxillofacial Surgeons shall govern the professional conduct of all members.
Article VIII. Amendments
This Constitution may be amended by three-fourths (3/4) affirmative vote of the members present and voting, provided the proposed amendments shall have been presented in writing to the entire membership of the Society at least thirty (30) days prior to the meeting at which the amendment is presented for adoption.
Chapter I. Membership
Section 1. Classification: The members of this Society shall be classified as follows:
A. Active Members
B. Provisional Members
C. Associate Members
D. Life Members
E. Honorary Members
F. Disabled Members
G. Resident Members
Section 2. Qualifications:
A. Active Members: The following requirements shall be prerequisites to active membership:
1. Membership in the American Association of Oral and Maxillofacial Surgeons.
2. Professional licensure to practice dentistry or medicine in the State of Kentucky.
3. Oral and maxillofacial surgery specialty licensure in the State of Kentucky.
4. Limitation of dental practice exclusively to oral and maxillofacial surgery.
5. Fulfillment of an on-site office evaluation and re-evaluation every five (5) years based on the AAOMS office anesthesia evaluation program or required applicable state regulations or federal (effective January 1, 1992)
6. Be a graduate of an accredited dental school;
7. Have completed an accredited oral and maxillofacial surgery training program;
8. Maintain a license or permit in dentistry or medicine in the state and OMS specialty licensure where applicable.
B. Provisional Members
1. A provisional member must meet all requisites for active membership except the fulfillment of an office on-site anesthesia evaluation. The provisional member must have an active application for an on-site office anesthesia evaluation with his state regulatory agency or with his component OMS society whichever is applicable that is not greater than two (2) years in duration. Provisional membership should only apply for a two-year period. If an on-site office anesthesia evaluation is not fulfilled within this two-year period, the provisional membership is concluded and the individual must re-apply for candidate status unless an exemption is granted for special circumstances as defined by the Committee on Membership.
2. A provisional member shall enjoy all the privileges of the component society except the right to serve in the AAOMS House of Delegates or to hold office.
Upon successful completion of the office on-site anesthesia evaluation, the provisional member shall automatically be transferred to the proper membership classification as determined by AAOMS Committee on Membership.
3. AAOMS fellows and members changing the location of their primary practice to another state shall apply for membership in the new component society and must complete all requirements, including the office anesthesia evaluation, within two years of the relocation of their primary practice. Following the two-year period, those who have applied for membership in the component society but have not completed their office anesthesia evaluation program shall be transferred to provisional member status.
C. Associate Members
1. To be eligible for associate membership, an applicant must have completed all of the requirements for active membership in this Society, including the office anesthesia evaluation program and the educational requirements for membership in the American Association of Oral and Maxillofacial Surgeons, but he/she need not be a member of the American Association of Oral and Maxillofacial Surgeons.
2. Should an associate member of this Society become a member of the American Association of Oral and Maxillofacial Surgeons, he/she shall be automatically elevated to active membership in this Society.
D. Life Members: A member may achieve the status of life member at age 65 or following retirement through application bearing the signatures of five (5) active members and at the discretion of the Executive Council.
E. Honorary Members: Honorary membership may be granted to those holding no other class of membership who have made distinguished contributions to the specialty of oral and maxillofacial surgery. Nominations to this class of membership shall bear the signatures of five (5) active members and election shall be in accordance with Section 5. of this chapter of the Bylaws. No more than two (2) honorary members may be elected in any one year.
Disabled membership may be granted to those having adequate documentation that a physical disability prohibits them from practicing oral and maxillofacial surgery. The disability status will be considered on a yearly basis and in general will follow the recommendations for fee waiver recommended by the AAOMS and ABOMS.
G. Resident Members: Resident members shall be in training in an American Dental Association’s (ADA) Commission on Dental Accreditation (CODA) accredited training program in oral and maxillofacial surgery in the United States or in Canada. Resident members may attend the AAOMS annual meeting with waiver of the general registration fee and may attend clinics free of charge on a space available basis. Resident members shall not be required to pay the membership application fee, shall have until July 1 of the year in which they complete training to apply and, in their last year of residency, shall have their names published as candidates for AAOMS membership. Resident members shall not have the right to vote or hold office and shall not be included in the counts used to determine delegate allocations.
Section 3. Rights and Privileges
A. Active Members: Active members shall enjoy all rights and privileges, including the right to vote on all matters and to hold office.
B. Associate Members: Associate members shall enjoy all the rights and privileges of active members except the right to hold any office and to vote on any business matters relating to the American Association of Oral and Maxillofacial Surgeons.
C. Life Members: Life members shall enjoy all the rights and privileges of the class of membership they formerly held except they may not hold office.
D. Honorary Members: Honorary members shall have the right to attend meetings, but they shall not enjoy the right to vote or hold office, nor shall they enjoy any other rights and privileges reserved to other classes of membership.
Section 4. Dues and Assessments
All active and associate members shall be required to pay annual dues and assessments. Life and honorary members shall not be required to pay dues and assessments.
Section 5. Applications and Election
A. Forms for application to any class of membership are available upon request to the Secretary-Treasurer.
B. Election to any category of membership shall be by a majority of the members present and voting at any business meeting of the Society. The Membership Committee and Executive Council shall review all applications and shall present them to the membership with their recommendations within one (1) year of their receipt.
Section 6. Membership Appeals Process
A. If a candidate is denied KSOMS membership, he may appeal but must do so within ninety (90) days. The KSOMS must notify the candidate of his right of appeal;
B. If the candidate appeals, the KSOMS will be required to set up a KSOMS peer review committee or an appropriate body within the KSOMS comprised of three KSOMS members (excluding those on the membership committee) to evaluate the candidate within six (6) months. In component societies where the membership is insufficient in number to appoint a peer review committee completely independent of the membership committee, this requirement may be waived and the component society may appoint members at their discretion. A detailed and documented evaluation of allegations made against the candidate shall be conducted by the KSOMS peer review committee to determine validity of said allegations. All KSOMS society members will be notified to submit written concerns regarding the candidate to the peer review committee during the six month evaluation period. After evaluation, should allegations presented prove to be unsubstantiated, KSOMS membership will be granted. After evaluation, if membership is again denied, the review committee is required to report (by way of KSOMS Notice of Appeal Form) on the candidate denied membership to the AAOMS Committee on Membership. The KSOMS must notify the candidate at that time of his/her right to appeal to the AAOMS (Candidate Notice of Appeal Form);
C. A candidate denied membership after an appeal to KSOMS has the right to appeal that decision to a national review committee. The candidate has ninety (90) days to file a written appeal to the AAOMS Committee on Membership (through Candidate Notice of Appeal Form). Within six (6) months, the AAOMS Committee on Membership will establish a four member Review Committee composed of the Chairman of the AAOMS Committee on Membership as moderator, and three (3) voting members: one from the AAOMS Membership Committee, one from the KSOMS Membership Committee and a third voting member as a neutral arbitrator, i.e., a retired judge or one from an organization such as the American Arbitration Association. The candidate may have an advisor present to assist and speak on his/her behalf. The proceedings shall be non-adversarial and not subject to cross-examination. A verbatim transcript shall be made of the national review committee meeting, the cost to be borne by AAOMS. Copies of the transcript will be provided to the respondent upon request at his/her expense. All costs associated with KSOMS and candidate representation during the appeals process will be borne by the KSOMS and the candidate respectively. For state societies where the membership is insufficient in number and where there is no dues structure in place, funds for representation during the appeals process may be requested from the AAOMS subject to approval by the Board of Trustees. This AAOMS/KSOMS Component Review Committee will interview and evaluate the candidate, make the determination of the individual’s eligibility with the decision of the Review Committee binding on both the AAOMS and the respective KSOMS.
Section 7. Termination of Membership
A. A member of the Society may effect resignation from the Society at any time by writing the Secretary-Treasurer and returning the certificate of membership.
B. An active or associate member shall be disqualified from that classification of membership by loss of licensure or failure to limit his/her practice to oral and maxillofacial surgery.
C. A member whose dues and assessments have not been paid for a period of two (2) years shall automatically forfeit his/her membership. Reinstatement may be secured upon payment of all dues and assessments owed.
D. A member may be expelled from the Society on the basis of written charges showing action by the member detrimental to the interests or honor of the Society. Such charges shall be initiated by the Committee on Ethics and shall have the concurrence of the Executive Council; however, expulsion shall be solely by a two-thirds (2/3) affirmative vote of those present and voting at any regular meeting of the Society. The right of the member to hearing with or without counsel shall, at all times, be preserved.
E. Any active member shall automatically be disqualified from that classification of membership upon loss of membership in the American Association of Oral and Maxillofacial Surgeons.
F. Active and associate members who fail to participate in the Society's on-site office anesthesia evaluation program may be expelled by a two-thirds (2/3) vote of the members present and voting at any regular meeting, provided that at least thirty (30) days prior notice shall have been sent to said members by registered or certified mail, return receipt requested.
Chapter II. Executive Council
Section 1. Executive Council
The Executive Council will consist of the President, President-elect, Vice President, Secretary-Treasurer,State AAOMS Delegate and State AAOMS Alternate Delegate.
Section 2. Qualifications
A member of the council shall be an active member.
Section 3. Term of Office
A. Officers: Officers shall serve on the council during their tenure in Society office.
B. Councilmen: The three (3) councilmen shall serve for a period of one (1) year each. A councilman may serve a maximum of three (3) consecutive terms.
C. Editor of the Newsletter: The Editor shall be appointed by the President with the advice and consent of the council. There shall be no limit on years of service.
Section 4. Election
Election shall be held at each annual meeting of the Society. Elected officers automatically become members of the council.
Section 5. Installation
The Executive Council shall be installed at the end of each annual meeting.
Section 6. Powers
A. The Executive Council shall be the managing body of the Society, vested with full power to conduct all business of the Society subject to the Laws of Kentucky, the Articles of Incorporation, the Constitution and Bylaws and the mandates of the membership.
B. The Executive Council shall have the power to establish rules and regulations not inconsistent with these Bylaws and to govern its organization, procedures and conduct.
Section 7. Duties
A. To determine the time of the annual meeting and special meetings of the membership.
B. To administer the affairs of this Society as prescribed by the membership in relation to Section 6. of this Chapter.
C. To conduct disciplinary action and conduct hearings involving termination of membership.
D. To cause all accounts of the Society to be audited as the council shall determine.
E. To recommend to the membership nominees to any category of membership.
F. To create or abolish standing committees as set forth in Chapter IV. of these Bylaws.
G. To approve all awards, honors or other special commendations given in the name of the Society.
H. To perform such other duties as prescribed in these Bylaws.
Section 8. Sessions
A. Regular Sessions: There shall be two (2) regular sessions of the Executive Council annually, the times being at the discretion of the President.
B. Special Sessions: Special sessions may be called at any time by the President or by three (3) members of the council on ten (10) days notice.
Section 9. Quorum
A majority of the members of the council shall constitute a quorum for the transaction of business at any session.
Section 10. Officers
A. The President shall be the presiding Chairman. The Secretary-Treasurer of the Society shall be the Secretary. In the absence of the President, the Office of Chairman shall be filled by the Vice President. In the event of the absence of the President and Vice President, a member of the council shall be elected to serve as Chairman pro-tem. In the event of the absence of the Secretary, the Chairman shall appoint a Secretary pro-tem.
1. Chairman: The Chairman shall preside at all meetings of the Council.
2. Secretary: The Secretary shall keep minutes and records as directed by these Bylaws.
Chapter III. Elective Officers
Section 1. Composition
The elective officers of the Society shall be the President, President-elect, Vice President and Secretary-Treasurer.
Section 2. Eligibility
Active members shall be eligible to hold office.
Section 3. Nominations
The Executive Council shall appoint the Nominating Committee consisting of three (3) Past Presidents, including the immediate Past President, who shall serve as Chairman.
Section 4. Elections
Officers shall be elected by a majority vote of the active members voting at the annual meeting. A secret ballot will be used only when requested by the membership.
Section 5. Tenure
The term of office for officers shall be two (2) years. Re-election shall be at the discretion of the membership.
Section 6. Installation
Officers shall be installed at the end of each annual meeting.
Section 7. Vacancies
Vacancies shall be filled by the Executive Council until the next election.
Section 8. Duties
1. Serve as Chairman of the Executive Council.
2. Preside at the annual meeting and all special meetings of the Society and of the Executive Council.
3. Call special sessions of the Executive Council.
4. Appoint chairmen and members of all committees.
5. Upon expiration of his term, to serve as a member of the Executive Council for one year.
6. Perform other such duties as may be provided in these Bylaws.
B. Vice President
1. To assist the President as requested.
2. To serve as a member of the Executive Council.
3. To succeed to the Office of President in the event of temporary or permanent vacancy in that office.
4. To perform such other duties as may be provided for in these Bylaws.
1. To complete all communications under the direction of the President and Executive Council.
2. To record minutes of all Executive Council, annual and special meetings.
3. To serve as Secretary of the Executive Council.
4. To maintain adequate records.
5. To notify members of appointment to committees.
6. To receive all applications for membership and to submit the names of the applicants to the Executive Council, complete with verification and credentials.
7. To turn over to his successor, all books, papers, records and other properties of his office, at the termination of his office.
8. To be custodian of all funds and monies of the Society.
9. To send statements of dues.
10. To sign checks for disbursement of funds in payment of Society expenses, in accordance with accounting regulations established by the Executive Council.
11. To submit his books and accounts for audit.
Chapter IV. Committees
Section 1. Appointment
Standing committees shall be established by the Executive Council as required to facilitate the work of the Society.
Section 2. Members
Committee chairmen and members shall be appointed by the President and shall be active members of the Society.
Section 3. Consultants and Advisors
Consultants and advisors to any committee may be appointed by the President in consultation with the Executive Council.
Section 4. Tenure
Committee members shall be appointed for one year, with no limit on the number of years the member may serve. Any member may be replaced at any time at the discretion of the President, after consultation with the Executive Council.
Section 5. Duties of Committees
The committees shall carry out the assignment of the President and Executive Council in an expeditious manner and, when indicated, submit reports to the Secretary-Treasurer.
Section 6. Ad Hoc Committees
Ad hoc committees may be created and the members appointed by the President. An ad hoc committee shall cease to exist at the termination of the term of office of the President who created and appointed same.
Chapter V. Finance
Section 1. Fiscal Year
The fiscal year shall begin January 1 of each calendar year and shall end on December 31.
Section 2. Dues
Dues of the membership, except life and honorary members, shall be due January 1 for the ensuing year. The amount of annual dues may be fixed or changed at an annual meeting by a majority of the membership present and voting providing that notice of any proposed changes shall be presented in writing to the Secretary-Treasurer and that the membership is thereupon notified in writing at least thirty (30) days prior to the meeting.
Section 3. Assessments
Any assessment shall be due at the time specified in the motion providing for it. Assessments may be approved at the annual meeting or a special meeting of the membership by a majority of the membership present and voting, providing that notice of any proposal to enact an assessment shall be presented in writing to the Secretary-Treasurer and providing that the membership is thereupon notified in writing at least thirty (30) days prior to the meeting.
Section 4. Delinquency
Members shall be classified as delinquent when dues and/or assessments are not paid on or before June 1.
Section 5. Expenditures
A. Individual Discretionary Spending Limit: No officer or member shall spend or commit any money or other assets of the Society in excess of $500 without prior approval of the Executive Council.
B. Executive Council Spending Limit: The Executive Council shall not spend or commit money or other assets of the Society in excess of $5,000 for any project or endeavor or any related group of projects or endeavors except for annual meeting expenses without notifying the membership in writing and allowing for forty-five (45) days for return of a mail ballot. A majority of the ballots returned shall be necessary to approve the expenditure provided that the total number of ballots returned shall equal or exceed 15% of the active membership.
Chapter VI. Quorum
The quorum for any meeting or special meeting shall be twelve percent (12%) of the membership.
Chapter VII. Discipline
Section 1. Procedure
Any member may be reprimanded, suspended or expelled for violations of the Code of Ethics of the Kentucky Society of Oral and Maxillofacial Surgeons (as outlined in Chapter X). The manner of charge and investigation shall be in accordance with Chapter I. Section 7D of these Bylaws and the right of hearing shall be preserved in all cases.
Section 2. Readmission
Any member expelled from the Society shall be permitted to reapply for membership five (5) years from the date of expulsion. Dues shall be suspended during the period of expulsion.
Chapter VIII. Parliamentary Authority
Sturgis Standard Code of Parliamentary Procedure, most recent edition, shall be the parliamentary authority for all activities of the Society not otherwise governed by the rules, Bylaws or procedures of the Society.
Chapter IX. Meetings
Section 1. Annual Meetings
The date, time and location of the annual meeting shall be determined by the Executive Council.
Section 2. Special Meetings
Special meetings of the membership may be called by the President or by three (3) members of the Executive Council on thirty (30) days notice.
Chapter X. Code of Ethics
Members of the Kentucky Society of Oral and Maxillofacial Surgeons shall be governed in ethical matters by the Code of Professional conduct and Official Advisory Opinions of the American Association of Oral and Maxillofacial Surgeons.
Chapter XI. Amendment
These Bylaws may be amended at any meeting of the membership by a two-thirds (2/3) affirmative vote of the members present and voting, provided the proposed amendments have been presented in writing at least thirty (30) days prior to the meeting.
Chapter XII. Adoption
The Constitution and Bylaws as herewith stated shall have effect immediately upon adoption and all conflicting laws, parts of laws or resolutions shall thereupon be null and void and shall stand repealed.
Chapter XIII. American Association of Oral and Maxillofacial Surgeons
Only those active and life members who are fellows and life fellows of the American Association of Oral and Maxillofacial Surgeons (AAOMS) may vote for delegates to the AAOMS or on other matters directly relating to, or arising out of the business of the AAOMS, including proposed resolutions to the AAOMS House of Delegates. Members elected to be delegates to the AAOMS must be fellows or life members of the AAOMS.
AAOMS GOVERNING RULES AND REGULATIONS, 1991-1992
BYLAWS--CHAPTER III. STATE COMPONENT UNITS OR SOCIETIES
Section 10. Nature: There shall be a state component unit or society in each state or counterpart (U.S. territories and Commonwealth of Puerto Rico, District of Columbia, and the five federal dental services), composed of fellows and members of the American Association of Oral and Maxillofacial Surgeons within that state or counterpart.
Section 20. Qualifications: Official AAOMS component state oral and maxillofacial surgery societies' constitution and bylaws shall have the following provisions:
1. a requisite for active membership shall be American Association of Oral and Maxillofacial Surgeons membership;
2. designation of those non-Association fellows or members as associate members who will have the right to vote on any matters pertaining to the American Association of Oral and Maxillofacial Surgeons;
3. a requisite for membership shall be an on-site office evaluation based on the AAOMS Office Anesthesia Evaluation Program or required applicable state regulations provided they meet the AAOMS Office Anesthesia Evaluation Program guidelines; (Effective January 1, 1992)
4. adoption of the following membership appeals mechanism:
(a) If a candidate is denied state membership, the candidate has the right of appeal to the state society,
(b) When membership is denied and the candidate appeals, the state will be required to set up a state peer review committee or an appropriate body within the state (excluding those on the membership committee) to evaluate the candidate. After evaluation, if membership is again denied, the review committee is required to report (by way of a national standardized format) on the candidate denied membership to the AAOMS Committee on Membership for evaluation,
(c) A candidate denied membership after an appeal to a state society has the right to appeal that decision to a national review committee. The AAOMS Committee on Membership will establish a three-member Review Committee composed of one from the AAOMS Membership Committee, one from the state society Membership Committee and a third voting member as a neutral arbitrator, i.e., a retired judge or one from an organization such as the American Arbitration Association. This AAOMS/State Review Committee will interview and evaluate the candidate, make the determination of the individual's eligibility with decision of the Review Committee binding on both the AAOMS and the respective state society;
(5) submission of the proposed constitution and bylaws, with qualifications (1) through (4) to the headquarters with a letter of request that the state be considered for official American Association of Oral and Maxillofacial Surgeons status provisionally until election to fully approved status by the House of Delegates.
Section 30. Membership in State Societies: AAOMS fellows or members must hold membership in their state oral and maxillofacial surgery society.
Section 40. Duties: The duties of the states or counterparts are as follows: (1) to elect delegates and alternates to the House of Delegates of the American Association of Oral and Maxillofacial Surgeons and (2) to submit names of delegates and alternates for certification to the secretary of the House of Delegates by June
1. Each state or counterpart shall have the privilege of establishing the manner of selection of delegates and alternates.
Section 50. Loss of Component Status: The House of Delegates may withdraw component status upon failure of the component to maintain the above qualifications as set forth by the Association.
The lack of component status for a state society, due to failure to comply with Chapter III. Section 20. of the Bylaws by May 1, 1993 shall bar any delegate of that state from being seated in the House of Delegates, beginning with the 1993 session until such time as the sate comes to compliance.
The provisions of vertical membership applicable to individual fellows or members under Chapter I. Membership, Section 20. Qualification, Paragraph 8, and Section 50. Paragraph D., of the Bylaws shall not be applied to any candidate, fellow or member whose primary practice is in a state that has not complied with the requirements of Chapter III of the Bylaws.