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Bylaws
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BRITISH COLUMBIA ASSOCIATION OF PODIATRISTS
BYLAWS
These Bylaws relate generally to the transaction of the business and affairs of the British Columbia Association of Podiatrists.
Be it enacted and it is hereby enacted that all previous Bylaws of the Association be repealed and the following be substituted therefore as the Bylaws of the Association:
1. In these Bylaws,
"Act" means the British Columbia Podiatrists Act, R.S.B.C. 1979 c. 330 as from time to time enacted and all amendments to it and includes all Orders in Council, Regulations, Bylaws and other Rules, Codes and other provisions made in pursuance of it, unless otherwise specified;
"address" with respect to the Association means the head office of the Association, and with respect to any member of the Association means the registered address of the member;
"Association" means the British Columbia Association of Podiatrists;
"Board" means the Board of Examiners in Podiatry as established under the Act;
"Certificate of Licence" means the document issued by the Executive that confers the right to carry on the practice of Podiatry and confirms that a member has that right;'
"Certificate of Membership" means the document issued by the Executive that confers membership in the Association and confirms that a person is a member of the Association;'
"Certificate of Registration" means the document issued by the Board that confirms that a person has met the professional qualifications necessary to carry on the practice of Podiatry
"cessation' of registration, membership or licence as the case may be means the non?disciplinary termination of the same;'
"examination" means a theoretical examination, given orally or in writing, or a practical examination, or any combination of these, and includes a re?examinationon or supplemental examination;
"Executive" means the Executive Council of the Association, unless otherwise specified;
"Executive Committee" means the members who hold the offices of President, Vice-President, Secretary and Treasurer; .
"Executive Council" means all Executive members listed in section 61;
"health care records" includes clinical records, medical files, information relating to the medical, psychiatric, or psychoiogical history of an individual, documents, drawings, photographs, letters, papers, and any other thing on which information is recorded or stored by graphic, electronic, mechanical or other means, but does not include a 'computer program or any other mechanism that produces records;
"licence" means a licence to practice issued by the Association;
"member" means a member of the Association, unless otherwise specified;
"registered address" when referring to the Association means the head office of the Association, and when referring to any member means the member's address as entered on the register of members maintained by the Association;
"regulations" means the regulations made pursuant to the Act;
"respondent" means a practitioner named in a complaint;
"revocation" of registration, membership or licence as the case may be means the disciplinary rescission and termination of the same.'
"sexual misconduct" may include
a. sexual intercourse or other forms of physical sexual relations between a practitioner and a patient;
b. touching, of a sexual nature, of a patient by a practitioner; or
C. behaviour or remarks of a sexual nature by a practitioner toward a patient;
Society Act" means the Society Act of the province of British Columbia as from time to time enacted and all amendments to it and includes any regulations made pursuant of it; and
"suspension" of registration, membership or licence as the case may be means the disciplinary, temporary termination of the same.
2. Except where otherwise provided, the definitions in the Society Act, including the definition of "special resolution", apply to these Bylaws.
3. In these Bylaws and amendments hereto and any other Association Bylaw hereafter enacted unless the context otherwise requires, words importing the singular number or the masculine gender shall include the plural number or the feminine gender, as the case may be, and vice versa, and references to persons, shall include firms and corporations.
4. The rules of construction contained in the Interpretation Act of British Columbia, as from time to time enacted and all amendments to it, shall apply to the interpretation of these Bylaws.
5. The name of the Association is the "British Columbia Association of Podiatrists", hereinafter referred to in these Bylaws as the "Association".
6. The purpose, object and duty of the Association are as set out in the Act and amendments thereto and more particularly, without limiting the same, include the following; to:
a. advance the scientific, educational, professional and economic welfare of all members of the Podiatry profession in British Columbia;
b. promote the integrity and honour of the Podiatry profession in British Columbia;
c. promote the highest standard of podiatric health care services for the people of all regions of British Columbia;
d. promote the common interests of the Podiatry profession in British Columbia and Canada;
e. promote mutual improvement, exchange and fellowship among the members of the Podiatry profession;
f. act as agent or trustee or otherwise for members of the Podiatry profession in connection with forms of insurance including but not limited to professional liability insurance;
g. act for the members of the Podiatry profession as an agent in bargaining and negotiations of any kind regarding the conditions under which and in which Podiatry services are rendered, remuneration for Podiatry services and similar or related matters;
h. seek open, continued dialogue with government regulators of the practice of Podiatry;
i. promote public knowledge and understanding in r elation to of Podiatric health care;
j. charge and collect fees, receive donations and expend money to defray expenses and to promote and further any purposes of the Association;
k. recognize outstanding contribution and service to the Podiatry profession including to the Association;
l. provide financial, advisory or other assistance to individuals or groups having a purpose similar to, consistent with or beneficial to the Association;
m. collect and preserve archival material and artifacts of the Association and its predecessors, and
n. do all further and lawful things as are incidental and conducive to the attainment of the above purposes and to the welfare of the public and of the Podiatry and allied professions whether within or outside British Columbia.
7. The purposes of the Association shall be carried out without purpose or gain for its members, and any profits or other accretions to the Association shall be used for promoting its purposes.
8. (1) The Ethics and Grievance Committee may recommend to the Board that it revoke or suspend any person's registration where that person in the opinion of the Committee has contravened any provision of these Bylaws or any other Bylaw or rule or regulation or Code of Ethics of the Association.
(2) Forthwith upon the revocation or suspension of a registration, the Ethics and Grievance Committee shall ensure that the person is notified in writing of the same.
(3) In no case shall the Committee recommend the suspension or revocation of any registration without first notifying the registrant of the proposed action, of the facts and contraventions alleged against the registrant, and providing the registrant a reasonable and fair opportunity to be heard in accordance with the rules of natural justice.
9. A registration shall unless otherwise specified terminate
upon:
a. failure by the registrant to on or before the 31st day of December of the current year to pay the registration fee for the next year set by the Association or who has failed to pay any special assessment, fine, levy or debt due and owing by her or him to the Association pursuant to these Bylaws or any other Bylaw of the Association;
b. revocation of the registration by the Board; or
c. receipt by the Board of a notice of withdrawal of the registrant.
10. A person may terminate his registration by withdrawing it
but shall do so only by written notice to the Board.
11. A termination of registration for any reason shall take effect immediately upon the receipt of notice thereof by the Board or as otherwise specified in these Bylaws.
12. (1) If a registration ceases, the Certificate of
Registration shall cease to be valid immediately upon the
said cessation.
(2) If a registration ceases, the former registrant must upon the demand of the Board surrender up possession of their Certificate of Registration to the Board.
13. If a registration ceases for any reason, the Board shall remove the registrant's name from the register.
14. (1) Subject to (2) , the Board at its discretion may reinstate a revoked or suspended registration, provided the proposed registrant meets all the requirements for registration, including those in these Bylaws and any other Bylaw, Regulation or Rule of the Association.
(2) The Executive shall reinstate a registrant who is not in good standing for the sole reason that she/he has failed to pay any fee, special assessment, fine, levy or debt due, forthwith upon the payment of the same.
15. The members of the Association are those individuals who are or become members in accordance with these Bylaws and all other relevant provisions of the Act.
16. No person shall become a member of the Association without
first receiving a Certificate of Registration.
17. No person shall practise Podiatry in British Columbia without
first becoming a member of the Association.
18. (1) Every person to become a member in the Association shall, in addition to meeting the requirements of the Board for registration, meet the following requirements:
a. apply to the Executive for such membership in the form and manner as the Executive may from time to time determine;
b. undertake to uphold and be governed by the purposes of the Association and to otherwise comply with these Bylaws and all other Bylaws, Codes, Regulations, rules and provisions of the Association;
C. pay the applicable fee, required from time to time by these Bylaws; and
d. satisfy the Executivethat the said applicant has met the requirements of the Board for registration
has or will forthwith be issued a certificate of registration by the Board.
19. (1) For the purpose of application for membership, the Executive may require applicants to use the application forms required by and submitted to the Board for application for a certificate of registration.
20. (1) The Executive shall in accordance with these Bylaws forthwith deliver to every person who becomes a member of the Association, a Certificate of Membership which indicates the date on which membership was conferred, the class of membership conferred, the qualifications of the member, and the date on which the Certificate expires.
(2) The Certificate of Membership shall at all times be the property of the Association.
21. A Certificate of Membership shall be effective until 12:00 p.m. December 31 of the year with respect to which it was issued and shall expire immediately thereafter.
22. The Executive in accordance with these Bylaws shall create and maintain a membership register and shall enter in the register the name of every member of the Association forthwith upon the conferring of membership, together with the following particulars of each:
a. the full name and business address;
b. the class of membership conferred;
C. the date on which membership was conferred; and
d. when and where applicable, the date on which membership ceased or was suspended or revoked;
and shall be responsible for maintaining the register as required by,these Bylaws.
23. Every member to remain in good standing' from year to year shall continue to uphold and be governed by these Bylaws and generally the Act, other Bylaws as the case may be, Codes, Rules, Regulations and any other provisions of the Association.
24. A member will cease to be a member in good standing whose
membership terminates for any reason.
25. A member not in good standing is not entitled to vote, hold
office, or enjoy any other rights or benefits of membership.
26. Every member may:
a. attend and make submissions at any annual or special general meeting of the Association;
b. at the invitation or with the consent of the Executive, attend or make submissions at any meeting of the Association Executive;
c. attend scientific meetings of the Association; and
d. enjoy the facilities of the Association including but not limited to the Association library.
27. No member may transfer or assign their membership in the Association.
28. (1) The Ethics and Grievance Committee, on recommendation of the Peer Review Committee, may revoke or suspend any person's membership in the Association where a member in the opinion of the Peer Review Committee has contravened any provision of these Bylaws or any other Bylaw or rule or regulation or Code of Ethics of the Association.
(2) Forthwith upon the revocation or suspension of a membership, the Ethics and Grievance Committee shall notify the member in writing.
(3) In no case shall the Ethics and Grievance Committee be entitled to suspend or revoke any membership in the Association without first notifying the member of the proposed action, of the facts and contraventions alleged against the member, and providing the member a reasonable and fair opportunity to be heard by it in accordance with the rules of natural justice.
29. The membership of any member of the Association shall unless
otherwise specified terminate upon:
a. failure by the member to on or before the 31st day of December of the current year to pay the membership fee for the next year set by the Association or who has failed to pay any special assessment, fine, levy or debt due and owing by her or him to the Association pursuant to these Bylaws or any other Bylaw of the Association;
b. revocation of the membership by the Ethics and Grievance Committee;
c. receipt by the President of a notice of withdrawal of the member; or
d. having otherwise for a period of time to be determined from time to time by the Executive not been a member in good standing.
30. A member may terminate his membership by withdrawing from the Association but shall do so only by written notice to the President of the Association.
31. A termination from membership for any reason shall take effect immediately upon the receipt of notice thereof by the President or as otherwise specified in these Bylaws.
32. (1) If a member for any reason ceases to be a member of the Association, the member's Certificate of Membership shall cease to be valid immediately upon the said cessation.
(2) If a member for any reason ceases to be a member of the Association, that person must upon the demand of the Executive surrender up possession of their Certificate of Membership to the Association.
33. If a member ceases to be a member for any reason, the
Executive shall remove the member's name from the register.
34. (1) Subject to (2), the Executive at its discretion may reinstate a revoked or suspended membership, provided the proposed member meets all the requirements for membership, including those in these Bylaws and any other Bylaw or rule of the Association.
(2) The Executive shall reinstate a member who is not in good standing for the sole reason that she/he has failed to pay any fee, special assessment, fine, levy or debt due, forthwith upon the payment of the same.
35. There shall be four classes of membership in the Association, namely Active, Inactive, Student and Retired.
Active Member
36. (1) Any individual who is registered according to the Act or his or her podiatric corporation shall be entitled to become an Active member of the Association.
(2) Notwithstanding subsection (1) , any individual who was an Active member of the Association at the time of the first enactment of these Bylaws shall be eligible to remain an Active member.
37. Any Active member in good standing may:
a. be elected to the Executive of the Association;
b. vote on any matter arising at general meetings; and
c. assign his vote from time to time to another Active
member.
38. (1) Any Active member who carries on the practice of Podiatry is entitled, upon making application to the Executive and the approval by the Executive of the application, to part?time status.
(2) A part-time Active member is entitled to pay reduced membership and licence fees, if the same be instituted, and as determined, by the Executive from time to time.
39. A person who is:
a. temporarily not carrying on the practice of Podiatry for reasons other than the result of disciplinary
proceedings, or
b. carrying on the practice of Podiatry in another jurisdiction, is entitled to be an Inactive Member of the Association.
40. An Inactive member may not hold Executive office or vote on
any Association matter.
41. (1) An Inactive member may become an Active member upon proof that the member:
a. has obtained the amount of continuing medical education,
b. has or will forthwith obtain the amount of malpractice insurance coverage,
c. has a current Cardio Pulmonary Resuscitation training and certificate,
d. has been in active podiatric practice in a jurisdiction
e. has disclosed the existence and nature of any disciplinary actions current or past against the member relating in any way to the practice of podiatry in any jurisdiction, and
f. has satisfied any other conditions, as required by the Board and the Executive.
(2) The Board or the Executive may on reasonable grounds refuse to grant Active membership to an applicant.
42. The following shall be entitled to become a student member of
the Association:
a. any undergraduate student in an accredited podiatry school iii the U.S. or Canada, who has been recommended to and accepted for membership by the Executive', and
b. any podiatry graduate student otherwise eligible for Active membership who at the time of the application for membership is enroled in a full academic year or more of study in a university, or in a hospital program approved by the Executive.
43. A Student member may not hold Executive office or vote on any Association matter.
44. Any retired podiatrist who has been a member in good standing of the Association and who is no longer licensed to practice in Canada or anywhere else and is fully retired from podiatry practice, shall be entitled to be a Retired member of the Association.
45. A Retired member may not hold Executive office or vote on any Association matter.
46. (1) Any person upon becoming a member of the Association may apply to the Association in a manner to be determined from time to time by the Association, for a licence to practice.
(2) No person including any member of the Association may practice Podiatry in B.C.. unless the Association has first issued to that person a licence to practice which is still in effect.
47. The Executive shall in accordance these Bylaws forthwith deliver to every person who satisfies the requirements for licensure in these Bylaws and set by the Association, a licence to practice which indicates the date on which the licence was conferred and the date on which the licence expires.
48. A licence to practice shall be effective until 12:00 p.m. December 31 of the year with respect to which it was issued and shall expire immediately thereafter.
49. The Executive in accordance with these Bylaws shall create and maintain a licence register and shall forthwith enter in the register the name of every person who receives a licence to practice, together with the following particulars of each:
a. the full name and business address;
b. the date on which the licence was conferred; and
C. when and where applicable, the date on which the licence ceased or was suspended or revoked;
and shall be responsible for maintaining the register as required by these Bylaws.
50. No member shall be issued a licence to practice unless that member has first obtained professional malpractice insurance coverage against liability for negligence in a form and amount to be determined by the Executive from time to time.
51. Every practitioner in order to obtain a annual renewal of their licence to practice must satisfy the requirements of the Association with respect to fees, malpractice insurance coverage against liability for negligence, continuing education', annual report to the Executive, chart recording and retention and delegation of patient care.
Termination of Licence to Practice
52. (1) The Ethics and Grievance Committee, on recommendation of the Peer Review Committee, may revoke or suspend any person's membership in the Association where a member in the opinion of the Peer Review Committee has contravened any provision of these Bylaws or any other Bylaw or rule or regulation or Code of Ethics of the Association.
(2) Forthwith upon the revocation or suspension of a certificate of licence, the Ethics and Grievance Committee shall notify the member in writing.
(3) In no case shall the Ethics and Grievance Committee be entitled to suspend or revoke any certificate of licence without first notifying the practitioner of the proposed action, of the facts and contraventions alleged against the practitioner, and providing the member a reasonable and fair opportunity to be heard by the Ethics and Grievance Committee in accordance with the rules of natural justice.
53. The certificate of licence of any practitioner shall unless otherwise specified terminate for the reason of and upon:
a. failure by the practitioner to on or before the 31st day of December of the current year to pay the licence fee for the next year set by the Association or who has failed to pay any special assessment, fine, levy or debt due and owing by her or him to the Association pursuant to these Bylaws or any other Bylaw of the Association;
b. revocation of the certificate of licence by the Ethics and Grievance Committee; or
c. receipt by the President of a notice of withdrawal of the certificate of licence from the practitioner.
54. A practitioner may terminate his licence to practice by withdrawing from the Association but shall do so only by written notice to the President of the Association.
55. If a practitioner for any reason ceases to hold a valid licence to practice, the practitioner must upon the demand of the Executive surrender up possession of their Certificate of Licence to the Association.
56. If a practitioner for any reason ceases to hold a valid licence to practice, the Executive shall remove the practitioner's name from the licence register.
57. (1) Subject to (2), the Executive at its discretion may reinstate a revoked or suspended licence, provided the proposed member meets all the requirements for licensure, including those in these Bylaws and any other Bylaw or rule of the Association.
(2) The Executive shall reinstate a licence who is not in good standing for the sole reason that she/he has failed to pay any fee, special assessment, fine, levy or debt due, forthwith upon the payment of the same.
58. (1) The Executive may in its discretion from time to time impose application and fees to be paid by persons applying for membership in the Association, which may include but are not limited to fees for:
a. initial application for registration, membership or licensure;
b. examiriations required pursuant to the Act, Regulations, Rules or Bylaws;
c. annual renewal of registration, membership or licensure; and
d. reapplication for registration, membership or licensure.
(2) Subject to (3), the Executive may in its discretion from time to time impose specific membership fees for any class or classes of member.
(3) The Executive may prescribe a reduced fee for membership and licensure for part-time Active members
(4) For the purposes of this section, the Executive shall have the sole right to determine the quantum of any fee.
(5) The Executive shall have the sole right to determine the date on which any fees shall be paid.
(6) The Executive may in its discretion 9waive, reduce or prorate any fee with respect to any person or persons.
(7) The Executive may prescribe and impose penalties for late payment of any fees, but in no case shall any such penalty take effect prior to February 1 of the year to which the fees apply."
59. The Executive shall create and maintain, and make available to the members and applicants for registration, membership or licensure, a current and complete list of fees and the Association's policies with respect to the imposition and payment of the same.
60. All fees required pursuant to these Bylaws of a member or any person applying for membership in the Association shall be paid to the Treasurer of the Association
EXECUTIVE
61. There shall be an Executive Council of the Association's members which shall consist of:
a. a President;
b. a Vice-President;
c. a Secretary-Treasurer, or one each of a Secretary and a Treasurer as the Executive may in its discretion deem from time to time;
d. the immediate past President;
e. at least one Councillor from Vancouver Island;
f. at least one Councillor from the Interior of B.C.;
g. at least four Councillors from the lower mainland of B.C.; and
h. such other Executive officers as the members may determind and elect.
62. The Executive may on literature and in communications of the Association refer to itself as the "Executive Council".
63. (1) There shall be an Executive Committee of the Association, which shall consist of the:
a. President;
b. Vice-President;
C. Secretary; and
d. Treasurer
of the Executive Council.
(2) The Executive Committee shall be the body ultimately responsible for the management of the general business and property of the Association, although its business and decisions may involve the entire Executive.
64. The Executive Committee may on literature and in communications of the Association refer to itself as the "Executive Committee".
65. The Executive may exercise all the powers and do all the acts and things that the Association may exercise and do, and which are by this or any other Bylaw, rule or regulation of the Association or by statute or otherwise lawfully directed or required.
66. Unless and except where otherwise specified, no Bylaw, rule or regulation made by the Association in general meeting, invalidates a prior act of any Executive that would have otherwise been valid.
67. The Executive shall, inter alia,
a. establish the guiding principles and general policies which shall govern the Association;
b. establish further policies and guidelines related to the administration of the Association;
c. generally conduct the affairs of the Association;
d. adopt an annual budget for the Association;
e. prescribe the form and amount of professional malpractice insurance to be obtained by every member as a requirement for obtaining a licence to practice;
f. ensure that the Association has at least one account with a charter bank, credit union or trust company;
g. act as trustee of all funds, properties and other assets of the Association;
h. unless otherwise specified, appoint the members of the Committees of the Association;
i. in its discretion pay a per them or honorarium to Committee members as permitted by these Bylaws 13;
j. appoint the members of the Association who will sit on the Board;
k. receive and review all reports required from practitioners;
1. collect and remit fees as required or delegated by the Board;
m. receive and consider all resolutions and other proposals of any kind pertaining the Association from its members or any other party;
n. as it deems necessary, provide liaison to all councils and committees of the Association;
0. create, publish and make available to every applicants for registration, membership and licensure, an information package containing at least the following:
- i. examination dates and location;
- ii. proctoring requirements;
- iii. registration applications;
- iv. surgical billing applications;
- v. membership applications;
- vi. licence applications; and
- vii. immigration work permit and sponsorship information;
p. create, publish and make available to every member and maintain current on an annual basis, a fee guide for items that are not billable to the M.S.P.;
q. generally perform all obligations imposed upon it by these Bylaws or any other rule or regulation of the Association and all things which in its discretion it deems reasonable to do and necessary for the furtherance of the goals, objects and purposes of the Association; and
r. perform those duties and functions which the Board may delegate to it from time to time.
68. The Executive members shall be elected for a term of one (1) year by the voting members of the Association at the annual general meeting of the Association and shall hold office until the next annual general meeting following the election.
69. The office of an Executive member shall be automatically vacated in the event:
a. that the Executive member resigns his position;
b. that the Executive member is of unsound mind;
c. that the Executive member or his podiatry corporation becomes bankrupt;
d. that at a special general meeting of the Association, those members present pass a resolution that the Executive member be removed from office; or
e. of the Executive member's death;
provided that in the event of any such vacancy, the remaining Executive members may by majority vote appoint a member of the Association to the position.
70. A retiring or resigning Executive member shall remain in office until the dissolution or adjournment of the meeting at which the retirement or resignation as the case may be is accepted and a successor elected.
71. (1) The Executive shall meet at regular intervals and no fewer than six (6) times in each year.
(2) The Executive shall determine the time, manner and location of its meetings.
(3) The Executive may conduct its meetings by mail, facsimile or conference telephone.
(4) The Executive shall provide at least two (2) clear days notice of all Executive meetings to each member of the Executive.
72. No Executive meeting or adjournment of such meeting or proceedings or decisions taken thereat shall be rendered invalid or void by reason alone of error or omission in giving notice of such meeting and any Executive member may at any time may waive the entitlement to notice to such meeting any may ratify, approve and confirm any and all proceedings or decisions taken thereat.
73. (1) A quorum of the Executive shall consist of four (4) of its members.
(2) In the event that a quorum is not present at a meeting of the Executive, the Executive shall defer any matter which must be voted upon to another date not later than two (2) weeks subsequent and the Executive members present at the meeting of the later date may vote on any matter before them, notwithstanding subsection (1)
(3) A written resolution signed by at least four (4) members of the Executive shall be binding and of the same effect as if such a resolution had been duly passed at a meeting of the Executive.
74. (1) The Executive may exclude any person from any meeting or part thereof if it is satisfied that:
a. matters may be discussed of a nature such that the interest of any person or the public in nondisclosure outweighs the interest in disclosure;
b. a person involved in a legal proceeding may be prejudiced;
c. personnel or property matters may be discussed; or
d. matters relating to the giving of instructions or reception of advice from, legal counsel.
(2) If the Executive excludes any person from a meeting, it shall note its reasons for so doing in the meeting minutes.
75. (1) The Executive shall prepare forthwith and retain minutes
of its meetings.
(2) The Executive shall make available copies of its meetings' minutes to all members of the Association upon request and payment of reasonable charges.
(3) The Executive need not record or make available minutes of meetings or parts of meetings held in camera.
76. Except as otherwise specified, every member of the Executive shall be elected by majority vote at the annual general meeting of the Association.
77. (1) At least three (3) months prior to the expiry of a term of office of an executive member, the Secretary shall notify every Active member of the pending vacancy and provide information about the nomination and voting procedures by sending written notice to each member at her or his address.
(2) Any Active member in good standing may nominate for office any other Active member in good standing by mailing the nomination to the Secretary, together with a written consent of the nominee, at least two (2) months prior to the expiry of the term of office.
(3) A nominee must accept the nomination in writing before their name shall be,added to the ballot.
(4) A nominee must declare in writing that she or he will observe the provisions of the Act, Regulations, Rules, Bylaws and Codes, and the procedures related to the election.
(5) The Secretary must disqualify any nominee whose nomination or election contravenes the Act, Regulations, Rules, Bylaws or Codes.
Election Procedure
78. (1) The Secretary mail to each Active member an election ballot not less than one (1) month prior to the expiry of the term of office.
(2) Each member will be entitled to one ballot and to vote for one candidate for each Executive position.
(3) A ballot may only be counted if it is received by the Secretary at least seven (7) days before the expiry of the term of office.
79. (1) The candidate receiving the most votes on the return of such ballots must be deemed to be elected.
(2) In the case of a tie vote, the President must cast one additional vote for one of the tied candidates by lottery.
80. (1) The Secretary must administer and scrutinize all Executive elections.
(2) The Executive shall establish procedures with respect to the administration and scrutiny of Executive elections, including but not limited to the following:
a. the length of time that ballots will be kept prior to their disposal;
b. the manner of disposal of ballots; and
c. the manner and time within which a nominee may challenge the results of an election.
(3) without limiting subsection (2), the Secretary shall ensure that all ballots are retained after an election until the limitation period for any challenges has expired and all challenges have been fully and properly dealt with, after which time the Secretary shall destroy and dispose of the ballots.
81. In the event of a irregularity or dispute regarding any nomination, ballot or election, the President shall be the sole arbiter thereof, and her or his decision is final.
82. Where the number of nominees is less than or equal to the number of positions, the Secretary will declare the nominees to be elected by acclamation.
83. (1) Only a member of the Association who has been an Active member for five (5) years is eligible for the office of President.
(2) No member shall serve more than five (5) years consecutively as President.
84. The President shall inter alia:
a. be the chief elected officer of the Association;
b. have the authority to act on behalf of the Executive when necessary;
c. be the chief spokesperson of the Association;
d. generally chair the Executive, including meetings of the Executive;
e. preside at all meetings of the Association;
f. serve as an ex?officio member of all councils and committees of the Association;
g. sign all cheques of the Association;
h. sign and seal all contracts, documents or instruments in writing which require the signature of the Association, unless otherwise specified in these Bylaws;
i. present any and all notices of withdrawal from membership in the Association to the Executive at the next meeting;
j. delegate his responsibilities when necessary; and
k. supervise the affairs and activities of the Association.
85. (1) Only a member of the Association who has been an Active member for four (4) years is eligible for the office of VicePresident.
(2) No member shall serve more than five (5) years consecutively as Vice-President.
86. The Vice-President shall inter alia:
a. assist and support the President;
b. represent the Association at the request of the President; and
c. perform such duties as the Executive may from time to time delegate; and
d. perform the duties of President when the President for any reason cannot perform his/her duties.
87. (1) Only a member of the Association who has been an Active member for at least three (3) years is eligible for the office of Secretary.
(2) No member shall serve more than five (5) years consecutively as Secretary.
88. The Secretary shall inter alia:
a. record, file and make available the minutes of all meetings of the Association;
b. ensure that the Association delivers all Notices as required by these Bylaws;
c . ensure that the Association keep all books, records, certificates, and other documents required by these Bylaws or by law;
d. arrange for and procure the filing of any documents as required of the Association by law;
e. procure publication in the British Columbia Gazette of the notice of the initial location, and any change in the location, of the Head office of the Association; and
f. perform such duties as the Executive may from time to time delegate to the Secretary.
89. (1) only a member of the Association who has been an Active
member for at least three (3) year is eligible for the office of
Treasurer.
(2) No member shall serve more than five (5) years consecutively as Treasurer.
90. The Treasurer shall inter alia:
a. sign all cheques of the Association;
b. keep custody of and be responsible for all funds and securities of the Association;
C. deposit such funds and securities in the name of the Association in an institution approved by the Executive;
d. collect all fees and other monies due and owing to the Association and remit the same, in the amount and manner as the Executive may direct from time to time;
e. keep proper accounting records of:
(i) all fees and other monies due or received, and all disbursements made, by the Association, and in every case the manner in respect of which receipt and disbursement took place;
(ii) every asset and liability of the Association; and
(iii)every other transaction affecting the financial
position of the Association;
f. in the manner as the Executive may direct from time to time, arrange for and procure an annual audit of the financial affairs of the Association;
g. prepare and submit a financial statement to the auditor immediately after the end of each fiscal year;
h . prepare and submit an annual report to the annual general meeting of the Association;
i. keep the membership register and issue Certificates of Membership as required by these Bylaws; and
j. render such reports as the Executive may direct from time to time.
91. (1) Only a member of the Association who has been an Active member for at least two (2) years is eligible for the office of Councillor.
(2) No member shall serve more than five (5) years consecutively as Councillor.
92. The Councillors shall attend all meetings of the Executive and vote at the said meetings.
93. (1) There shall be an annual general meeting of the Association in every calendar year and in every case on or before Feb. 28.
(2) Subject to subsection (1), all meetings of the Association shall be held at such location and on such date as the Executive may determine.
(3) At least thirty (30) days notice shall be given to each member of the Association of any annual general meeting of members.
(4) The Executive shall make available and provide to every member of the Association at least thirty (30) days before the annual general meeting an agenda for that meeting.
(5) The Executive shall make available and provide to every member of the Association at least thirty (30) days before the annual general meeting the minutes of the previous annual general meeting.
94. At every annual general meeting the following business shall
be transacted:
a. the minutes of the prior annual general meeting;
b. the annual report of the Executive;
c. the annual financial statement;
d. the annual report of the auditors where required;
e. the election of the next Executive; and
f. such other business as the Executive shall deem in accordance with these Bylaws.
95. (1) The President or five (5) members of the Executive may at any time call a general meeting of the members of the Association.
(2) The Active members may call a special general meeting by delivering to the Association a written request addressed to the President that sets out the purpose of such meeting and is signed by at least 25 01 of the Active members.
(3) At least seven (7) days notice shall be given to each member of the Association of the time and purpose of any special general meeting of the Association.
96. No annual or general meeting or adjournment of meeting of the members of the Association or proceedings or decisions taken thereat shall be rendered invalid or void by reason alone of error or omission in giving notice of such meeting and any member at any time may waive the entitlement to notice of such meeting and may ratify, approve and confirm any and all proceedings or decisions taken thereat.
97. The members of the Association may transact any business special or general at any meeting of the members that is called pursuant to these Bylaws.
98. A quorum at an annual or special general meeting shall consist of ten (10) Active members.
99. The Executive shall keep an Attendance register for every General Meeting.
100. (1) At all meetings of members of the Association every question shall be determined by a majority of votes unless otherwise specifically provided by statute or by these Bylaws.
(2) Each Active member present at a general meeting shall
have the right to exercise one vote on each matter arising at the meeting.
(3) Voting shall be by a show of hands unless a voting member requests that voting take place by ballot.
101. (1) Any Active member of the Association may in writing, in the form if any to be prescribed by the Executive, assign his vote to another Active member of the Association who shall act as the assignor's proxy according to the terms of the assignment.
(2) A proxy voting power, or the terms of the assignment, may be general or limited in scope.
102. (1) At the discretion of the Executive, a mail vote may be held with respect to any Association business special or general.
(2) All mail ballots shall be returnable at the head office of the Association.
(3) The Executive shall ensure that every mail vote is carried out by blind ballot.
(4) The Executive shall ensure that the voting members have a? reasonable opportunity in which to exercise their vote and in no case shall a mail ballot be returnable before twenty?one (21) days from the date on which the ballots were sent to the members.
103. (1) Subject to subsection (2), the President and one other member of the Executive shall sign and seal contracts, documents or instruments in writing which require the signature of the Association.
(2) The Executive may from time to time by resolution appoint any person(s) to on behalf of the Association sign contracts, documents or other instruments in writing generally or to sign specific contracts, documents or instruments in writing [and to affix the seal of the Association thereto].
(3) All contracts, documents or instruments executed in accordance with this section shall be binding upon the Association.
104. (1) The Executive may from time to time create, and appoint members to, such additional committees as it deems expedient.
(2) The Executive may for cause disband, or remove a member of, any Committee.
(3) Unless otherwise specified, the Executive shall appoint and remove all members of the Committees.
(4) Unless otherwise specified, the Executive members may by unanimous vote of the entire Executive delegate the said appointment of Committee members to any specific member or members of the Executive.
(5) Unless otherwise specified, each Committee shall have no less than three (3) and no greater than f ive (5) members, at least two (2) of whom must be voting members of the Association.
(6) Unless otherwise specified, the members of each Committee shall hold office for no more than two (2) years.
(7) Committee members may be reappointed to successive terms.
(8) The Executive shall forthwith fill any vacancy of any Committee.
105. (1) All Committees shall be responsible to and report to the Executive, in the manner and form required by the Executive.
(2) Every decision by a Committee which affects the Association or relates to the general well?being of the Association or any member thereof, shall be approved by the Executive before being implemented.
(3) No Committee shall bind the Executive or the Association without prior Executive approval.
106. (1) Subject to these Bylaws, every Committee may create its own procedures and policies with respect to the exercise of its functions.
(2) Every Committee shall create a complete written description of its procedures and policies.
(3) Committee members may receive a per diem or honorarium from the Executive and the Executive must reimburse Committee members for reasonable expenses necessarily incurred in connection with the activities of the Committee.
(4) Every Committee must use its best efforts to meet at least once monthly.
(5) A Committee may conduct meetings by mail, facsimile or conference telephone.
(6) Every Committee shall annually submit a report of its activities to the Executive in a form and manner required by the Executive.
107. (1) There may be an "Education Committee" of the Association, at the discretion of the Executive.
(2) The Committee shall, as directed by the Executive, and as it from time to time in its discretion and opinion considers fit, on behalf of the Association:
a. generally liaise with the Canadian Podiatry Association about matters within the Committee's mandate; and
b. evaluate any aspect of or matter relating to the standard of podiatric education available to, and affecting, current and prospective Canadian practitioners.
(3) The Committee shall have the authority to and shall on behalf of the Executive and the Association:
a. accredit schools and other educational bodies, hospitals and other institutions;
b. approve internship, residency and other special boards or examinations;
in accordance with the requirements and standards adopted by the Association; and
C. in its discretion formulate, administer and enforce plans and policies which in its opinion relate to and further podiatric education.
(4) The Committee shall make recommendations to the Executive and to such other Association Committees as the Executive directs, as to what action the Association should take to foster the improvement of podiatric education.
(5) There shall be a Student Affairs subcommittee which shall recommend, to the Education Committee, individuals as student members to the Association.
Ethics and Grievance Committee
108. (1) There shall be a Ethics and Grievance Committee of the Association, which shall consist of the members who from time to time sit on the Board of Examiners in Podiatry.
(2) The Committee shall be the sole body responsible for determination of the appropriate penalty in disciplinary matters, except that an appeal will lie to the Executive from the Committee's decisions.
(3) The Committee shall hear matters relating to complaints against practitioners relating to the practice of podiatry, investigated by and referred from the Peer Review Committee.
(4) The Committee must consider every such case and:
a. dismiss the matter outright, with written reasons;
b. refer the matter back to the Peer Review Committee with written directions for further investigation of the facts of the matter; or
c. make a finding on the matter.
(5) Without limiting the above, the penalties which the Committee may impose include:
a. dismissal;
b. reprimand;
C. retraining;
d. re-examination;
e. fine;
f. repayment of billings;
g. suspension of membership, licensure or surgical billing privileges;
h. revocation of membership, licensure or surgical billing privileges;
i. reduction in surgical billing privileges; or
j. any combination of the above.`
(6) In addition to the penalties set out in (5), the Committee may recommend to the Board that the registration of a respondent be suspended or revoked.
(7) The Committee shall, when dealing with a complaint, give the respondent a full hearing in accordance with the rules of natural justice.
(8) The Committee may, when dealing with a complaint, call witnesses and consider oral, written and documentary evidence.
(9) The Committee shall refer an appeal directly to the Executive.
(10) No member shall at the same time sit on this Committee and on any other Committee which is carrying on an inquiry or investigative function.
(11) No member may participate in a hearing or decision of a matter which the member was involved in as a member of another Committee.
(12) The Committee may exclude any person from a hearing for any of the reasons set out in section 74.
109. (1) There may be an Examination Committee of the Association.
(2) The Committee shall from time to time make recommendations to the Executive regarding the content of all examinations to be taken by applicants for registration.
(3) The Committee shall consult the Surgical Committee and any other Committees which in its discretion it feels appropriate regarding the content of examinations prior to making its recommendations.
(4) The Committee shall implement any directions from the Surgical Committee or the Executive regarding the content of examinations.
Legislative and Government Affairs Committee
110. (1) There shall be a Legislative and Government Affairs Committee of the Association.
(2) The Committee shall:
a. formulate and implement policy concerning the relationship between the Association and government;
b . from time to time formulate and recommend reforms to legislation affecting the Association and the podiatry profession in Canada; and
C. make all appropriate enquiries, and report to the Association, with respect to current or proposed legislation affecting the Association or the podiatry profession in Canada.
111. (1) There shall be a Patient Relations Committee of the Association.
(2) The Committee shall administer a patient relations program.
(3) The patient relations program must include measures for preventing and dealing with sexual misconduct, which without limiting the above, must include:
a. educational requirements for practitioners;
b. guidelines for the conduct of practitioners with their patients; and
C. provision of information to the public regarding the responsibilities of practitioners and the Association's and Board's complaint and disciplinary procedures and policies.
(4) The Committee shall:
a. on direction of the Peer Review Committee, investigate any matter relating to a member's conduct;
b. make a finding of fact on the matter and formulate appropriate recommendations to the Peer Review Committee; and
C. make and deliver a written report of its findings which contains its recommendations to the Peer Review Committee.
Patterns of Practice Committee
112. (1) There shall be a Patterns of Practice Committee of the Association.
(2) The Committee shall be elected by a majority vote of the voting members at annual general meetings.
(3) The Committee shall:
a. assist the MSP by reviewing the MSP annual statistical review of billing practices;
b. on direction of the Peer Review Committee, investigate the same where in its discretion an investigation is warranted, including where it has reasonable grounds to believe that a member has exceeded their billing privileges or rendered an excessive bill to a patient; and
C. make a finding of fact on the matter and formulate appropriate recommendations to the Peer Review Committee; and
d. make and deliver a written report of its findings which contains its recommendations to the Peer .Review Committee.
(4) The Committee shall also review member's accounts upon written application, as required by section 130.
113. (1) There shall be a Peer Review Committee of the Association.
(2) The Committee shall be elected by a majority vote of the voting members at annual general meetings.
(3) The Committee shall be the body responsible for the investigation of the facts of every complaint against members relating in any way to the practice of podiatry.
(4) The Committee shall:
a. receive complaints directly from patients, from other practitioners or from the Executive as the case may be, regarding members, with respect to:
i. quality of care;
ii. appropriateness and necessity of care; iii. extra billing practices; and
iv. other matters regarding the conduct and professionalism of a practitioner;
b. consider every complaint;
C. with respect to every complaint, either:
1. dismiss the matter outright; or
ii. investigate the matter further and reach a finding on the facts of the matter, at
which point in its discretion it may dismiss the matter with reasons, or formulate recommendations regarding an appropriate penalty, with reasons;
d . in any case make a written report of its decision and deliver the same to the Ethics and Grievance Committee;
e. maintain a copy of all written material relating to the complaint; and
f. consult with and receive recommendations from other committees as appropriate.
(5) Without limiting the above, the dispositions which the Committee may recommend to the Ethics and Grievance Committee include:
a. dismissal;
b. reprimand;
C. retraining;
d. reexamination;
e. fine;
f. repayment of billings;
9. suspension of membership, licensure or surgical billing privileges;
h. revocation of membership, licensure or surgical billing privileges;
i. reduction in surgical billing privileges; or
j. any combination of the above."
(6) The Committee shall, when investigating a complaint, give the respondent a full hearing in accordance with the rules of natural justice.
(7) The Committee may, when investigating a complaint, call witnesses and consider oral, written and documentary evidence.
(8) The Committee may instruct and use the assistance of inspectors.
Podiatry Rural Clinics Committee
114. (1) There shall be a Podiatry Rural Clinics Committee of the Association.
(2) The Committee shall with respect to rural clinics:
a. administer the Rural Travel Fund;
b. select appropriate sites for rural clinics;
C. select appropriate practitioners for rural clinics and recommend the same in writing to the Executive;
d. maintain at all times a current list of rural clinic locations, their practitioners and the dates of the practitioner's visits; and
e. require rural practitioners to report in the form and manner required by the Committee.
Podiatrv Urban Clinics Committee
115. (1) There shall be a Podiatry Urban Clinics Committee of the Association, which may also be known as the "Hospital Podiatry Group".
(2) The Committee may with respect to clinics in general do all things which in its discretion it considers advisable to assist the creation of clinics at health centres.
(3) The Committee shall generally administer all1preceptor and residency programs of the Association, and without limiting the above shall:
a. bill and receive payments from, the Medical Services Plan (11M.S.P.11) for services rendered through the Association's preceptorship or residency program;
b. in its discretion purchase out of the funds received by the Committee from the M.S.P., equipment for use by members;
C. consult and make recommendations to surgical committee re members who may use purchased equipment
d . recommend from time to time to the Executive the successful candidate for preceptorship or residency;
e. set the training program and protocol for the Association's preceptor or residency program as the case may be;
f. create and administer journal clubs; and
9. administer the podiatry clinic at Vancouver General Hospital.
116. (1) There shall be a Public Relations Committee of the Association.
(2) The Committee shall:
a. formulate, and assist the Executive in the implementation of, policy with respect to raising and improving public awareness and impression of the podiatry profession; and
b. represent the Executive and Association in general with respect to any matters involving other health professions.
(3) The Committee may require members to submit their comments to the Committee for review prior to making public appearances on behalf of the Association.
117. (1) There shall be a Surgical Committee of the Association. (2) The Committee shall:
a. generally use its best efforts to maintain the highest possible standard of surgical care in the podiatry profession;
b . generally follow guidelines regarding its functions issued by the Executive;
C. make recommendations to the Executive regarding each member's level of competency;
d. make recommendations to the Executive regarding the billing under the M.S.P. by members for surgical procedures;
e. make recommendations to the Executive regarding the surgical fee schedule under the M.S.P., for use in negotiations involving the Podiatry Subcommittee of the Medical Services Commission;
f. evaluate the qualifications of every applicant for surgical billing privileges with particular regard for the level applied for;
9. make recommendations to the Executive regarding which practitioners should be on the surgical list;
h. make recommendations to the Executive regarding which practitioners should be deleted from the surgical list;
i. create and maintain a current list of every practitioner and every practitioner's surgical billing level;
j. recommend to the Executive guidelines as to application, examination and proctoring requirements of surgical billing candidates;
k. receive applications for surgical billing
privileges;
1. set and conduct examinations and proctorings to determine the surgical qualifications of applicants for surgical billing privileges;
M. review the recommendations of the Examination Committee with respect to the content of examinations for registration and direct the Examination as it considers appropriate;
n. make recommendations to the Executive regarding standards for surgical facilities;
0. inspect Podiatrists' offices surgical sites according to guidelines approved by the Executive;
p? create and maintain written records of all examinations, proctorings and inspections; and
q. consult with, make recommendations to and direct other committees as appropriate.
(3) The Committee also shall:
a. on direction of the Peer Review Committee,
investigate a member's conduct;
b . reach a finding on the facts of the matter and formulate appropriate recommendations; and
C. deliver a written report of its findings and its recommendations to the Peer Review Committee.
(4) Every proctor of every examination must be a current member of the Committee, or the member's designate on the condition that the designate shall be appointed by majority vote of the entire Committee members.
Rules and Procedure
118. The Executive shall in consultation with the investigative, inquiry and disciplinary committees of the Association, create rules and procedures governing the investigation and discipline of members.
119. (1) A member must forthwith file a written report with the Peer Review Committee if the member has reasonable grounds to believe that another member has:
a. sexually abused a patient;
b. is incompetent;
c. is suffering from a physical or mental ailment, emotional disturbance or addiction to drugs or alcohol that may impair that member's ability to practice; or
d. has engaged in professional misconduct.
(2) If a member becomes or believes that he or she is about to become obliged through communication with a patient, to make a report under (1), the member must use best efforts to advise the patient of the requirement under (1) before making the report.
(3) The report must contain:
a. the name of the reporting member;
b. the name of the member who is the subject of the report;
c. an explanation of the alleged infraction and of the grounds upon which the reporting member believes the infraction took place; and
d. if the grounds of the report are released to a patient, the name of the patient.
(4) The name of a patient must not be included in a report unless the patient consents in writing to the inclusion.
(5) No action or proceeding may be instituted against a member for filing a report in good faith pursuant to this section.
120. (1) The Peer Review Committee may recommend that a complaint be mediated by a mediator chosen by the Committee or the parties.
(2) Mediation must:
a. not be used without the consent of both parties;
b. be conducted pursuant to the terms of a written agreement established by the said Committee and approved by the parties; and
c. be confidential.
(3) Subject to (5), where an agreement is reached through mediation, the compliant will be deemed to be resolved.
(4) Where a member has agreed through mediation to a suspension or any other manner of restriction of practice, the name of the member and the nature of the restriction shall be published as the Peer Review Committee may decide.
(5) If a member contravenes a mediated agreement under this section, the said Committee must take such further action as in its discretion it believes is warranted and is authorized by these bylaws.
121. A Committee acting in an inquiring or investigative capacity must notify a complainant and member who is the subject of the same, of:
a. the matter and the general nature of the information
which it has in its possession regarding the matter;
b. the progress of the matter within six (6) months of its
commencement and every three (3) months thereafter; and C. its decision in writing as soon as practicable
thereafter.
122. (1) The Peer Review Committee and Ethics and Grievance Committee must keep records of the results of all investigations and disciplinary decisions.
(2) The Ethics and Grievance Committee must arrange for:
a. a hearing to be recorded; and
b. a transcript to be made available to any party at the party's own expense.
(3) where disciplinary proceedings result in the suspension or any other manner of restriction of a member's practice, the Peer
Review Committee must publish a notice containing:
a. the name of the member;
b. the facts of the case;
c. the reasons for the decision; and
d. the nature of the restriction and the date it takes effect.
(4) Where disciplinary proceedings result in the suspension or any other manner of restriction of a member's practice, the Peer Review Committee may notify the bodies responsible for the regulation of podiatry in other jurisdictions.
123. (1) Professional misconduct includes the following:
a. commission of an offence that is relevant to the member's suitability to practice podiatry;
b. sexual misconduct;
c. contravention of any term, condition or limitation on a member's certificate of registration or licence;
d. contravention of a standard of practice of the profession;
d. practice of podiatry while one's ability to do so is impaired;
e. prescription, dispensation or sale of drugs for an improper purpose;
f. discontinuance of professional services that are needed except where:
i. the patient requests the discontinuance;
ii. alternative services are arranged; or
iii. the patient is given a reasonable opportunity to arrange alternative services;
9. disclosing information about a patient to a person other than the patient except with the consent of the patient or as required by law;
h. falsification of a record relating to the member's practice;
i. failure to retain records as required by the Association;
j. failure to provide a patient access to their health care records as required by these bylaws or law;
k. signing or issuance in the member's professional capacity of a document that the member knows to be contain any false or misleading statement;
1. levying or submission of an account or charge for services that the member knows to be false or misleading; or
m. contravention of the Act, any other Act relevant to the practice of podiatry, the regulations, these Bylaws or any other rule of the Association.
124. (1) Where an inquiry about the registration, membership or licensure status of a member or former member is received by the Association, the Association must disclose:
a. the status of the registration, membership or licensure as the case may be, including any restrictions of the same; and
b. whether the person's status has been or will be affected by disciplinary proceedings;
C. the nature of the disciplinary proceedings and the relevant infraction.
(2) The Association must not release the names of complainants, patients or their families or information which otherwise might enable a person to identify the same.
125. While acting in the performance of their duties, inspectors must:
a. be directly responsible to the Peer Review Committee and must perform such duties as may be assigned to them by the said Committee, any other Committee or the Board; and
b. not observe the practice of the profession by or under the supervision of the member under inspection or investigation without the consent of the patient~being treated.
126. (1) Notwithstanding any other provision in these Bylaws, an emergency meeting of the Executive or a Committee may be called by the President on 24 hour's notice.
(2) The Board may call an emergency meeting of the Executive or a Committee on 24 hour's notice.
(3) Notice of an emergency meeting called pursuant to these Bylaws may be given in any manner and need not be written.
(4) An emergency shall be deemed to exist where circumstances exist which may reasonably be expected to pose a threat to an individual's or the public's health or safety and must be dealt with in an expeditious manner.
127. (1) Every practitioner must directly supervise any person to whom the practitioner delegates any aspect of a patient's medical care.
(2) Every practitioner shall delegate tasks relating to a patient's medical care only to a person who is qualified by training and experience to carry out the delegated tasks.
(3) Every practitioner must in a timely manner create, maintain current and retain meticulous and complete records regarding the delegation of tasks relating to patient medical care, including but limited to:
a. the identity of the person to whom the tasks were delegated;
b. the training, experience and any other qualifications of the said person to perform the delegated tasks; and
c. the nature of the tasks delegated to the said person and the frequency of the delegation.
128. Every practitioner shall in a timely manner create, maintain current, and retain for at least ten (10) years, meticulous and complete records relating to the practitioner's practice, including but not limited to the diagnoses, care, prognoses, and referrals respecting every patient.
129. (1) Members must not except in appropriate circumstances, refuse an individual access to the health care records pertaining to that individual in the custody or control of the member.
(2) For the purposes of this section,
a. "appropriate circumstances" means those in which release of records could reasonably be expected to
i. result in immediate and grave harm to the safety, or physical or mental health of the individual,
ii. threaten any individual's safety or mental or physical health,
iii. interfere with public safety, or
iv. disclose personal information regarding
another individual; and
b "access to" means the opportunity to examine and make copies of.
(3) A member must respond to a request for access to health care records within thirty (30) days of the request by:
a. providing access to the applicant, or
b. providing written reasons to the applicant for the refusal of access.
130. Every member shall be cognizant of their duties and their patient's rights respecting freedom of information and protection of privacy and shall use reasonable efforts to advise their patients of their said rights".
REVIEW OF PRACTITIONERS' ACCOUNTS
131. (1) Any person obliged to pay a practitioner's account18 may apply to the Patterns of Practice Committee in writing within three months of the date upon which the account is rendered for a review of the account.
(2) Any such application must enclose a copy of the account.
(3) The Patterns of Practice Committee must review an application which meets the requirements of (1) and (2).
(4) If the fee set forth in the account does not accord with the customary range for the same, the Patterns of Practice Committee must fix a fee which it considers reasonable, proper and customary in the circumstances.
(5) The Patterns of Practice Committee must deliver a written notice to the applicant and to the member concerned advising them of the fixed fee.
(6) Where a member fails to repay the applicant any amount which was paid in excess of the fixed fee, the member may be found to have engaged in professional misconduct.
132. (1) No practitioner shall advertise any professional services related to the practice of podiatry whatsoever in a manner or form which may be misleading or unprofessional.
(2) The Executive shall develop and circulate to the members guidelines setting out what constitutes misleading or unprofessional advertising for use by the Board in its screening of every practitioner's advertisements.
(3) No member shall publish in any form or manner, any advertisement relating to the practice of podiatry, without first submitting the same to the Board and obtaining the approval of the Board.
(4) Where a member fails to abide by the requirements of this section and all other provisions respecting advertising contained in these bylaws including the Code of Ethics, the Act, regulations and any other rules of the Association, the member may be found to have engaged in professional misconduct.
133. Every practitioner shall submit an annual report at the time and in the form required by the Executive from time to time, respecting:
a. the delegation of tasks;
b. the practitioner's method of chart retention;
C. the existence and status of claims against the practitioner relating to the practice of podiatry; and
d. any other matter required by the Executive from time to time.
134. (1) The Executive shall appoint the members of the Board who are Podiatrists, by majority vote.
(2) The Executive shall receive nominations from the membership for appointments to the Board, in the event that any such nominations are made.
(3) Subject to subsection 2(4) of the Act, the Executive shall call for nominations whenever appointments to the Board are to be made.
(4) No member shall concurrently occupy an Executive office and serve as a Board member.
135. (1) The Executive shall by majority vote, elect the members of the Podiatry Subcommittee of the MSP.
(2) The Executive shall receive nominations from the membership for appointments to the Subcommittee, in the event that any such nominations are made.
(3) The Executive shall call for nominations whenever appointments to the Subcommittee are to be made.
136. (1) A member of the Executive with a direct or indirect interest in any contract, transaction, business or undertaking which provides podiatry supplies or services of any kind to the podiatry profession shall forthwith and in any event within one month of the time at which the member became aware or ought to have become aware of the conflict, declare with particularity the nature and value of the interest and conflict by written notice to the Executive.
(2) The Executive shall in every such case exclude that member from discussion and voting relating to the contract, business, transaction or undertaking and that member shall in every case so exclude himself.
(3) Where a member has made a declaration in compliance with subsection (1) and has acted honestly and in good faith, the Association shall not hold the member accountable for any profit or gain realized to the member.
(4) Subsections (1) to (3) apply to Association members who are members or advisors to any committee or council to the Association and who are nominated for membership on the Executive or any such committee or council.
(5) All such nominees must declare on their nomination forms all their actual and potential conflicts of interest.
137. The Executive shall be the final authority on any dispute or question of conflict of interest involving any member of the Association and no appeal lies from a decision of the Executive in this respect.
138. The Association shall indemnify every Executive officer and his heirs and assigns and any other person who has undertaken or is about to undertake any liability on behalf of the Association, from any costs, charges and expenses, including an amount paid to satisfy a judgement, reasonably incurred by him in respect of any criminal, civil, or administrative action or proceeding to which he
is made a party by reason of being or having been an Executive officer of the Association, if,
a. he acted honestly and in good faith with a view to the best interests of the Association; and
b . in the case of a criminal, civil or administrative action or proceeding that is enforced by monetary penalty, he had reasonable grounds to believe that his conduct was lawful.
139. (1) There shall be an award referred to as the "Award of Honour".
(2) The Executive may from time to time but in no case more than once annually present the said Award to any member of the Association, chosen by unanimous vote of the Executive, who in the opinion of the Executive has given distinguished service to the British Columbia podiatry profession.
140. The financial year of the Association shall be the calendar year ending December 31.
141. (1) All payments on behalf of the Association must be made by cheque.
(2) The cheques must be signed by President and the Treasurer.
142. (1) In order to carry out the purposes of the Association, the Executive may from time to time by and on behalf of and in the name of the Association, borrow money upon the credit of the Association.
(2) No debenture shall be issued by the Executive without a prior authorizing special resolution of the members of the Association.
(3) The Executive shall not exercise its powers under or pursuant to subsection (1) without the prior approval of the members.
OPERATING AND INVESTMENT INCOME
143. All income derived from the operating and invested funds of the Association must be added to and become part of the ordinary income of the Association.
144. (1) The Executive at each annual general meeting shall appoint an auditor to audit the accounts of the Association to hold office until the next annual general meeting provided that the Executive may in the interim fill any vacancy in the office of the auditor.
(2) The Executive may remove an Auditor.
(3) The Executive shall forthwith notify an auditor of its appointment or removal.
(3) No member of the Association shall be eligible to serve as an auditor of the Association.
(4) The Executive may determine whether the auditor will be paid remuneration, and the amount and terms of such remuneration.
(5) The auditor may attend general meetings of the Association.
145. The Executive, or with the consent of the Executive a Committee, may retain legal counsel for the purpose of assisting the Executive or the Committee as the case may be, in carrying out any duty or responsibility of the Association, the Executive or the Committee.
146. (1) The Executive may establish and organize annual scientific sessions to present and discuss information relating to scientific advances in the knowledge and practice of podiatry.
(2) The Executive shall determine the time and location of such scientific sessions and may schedule them in conjunction with the legal sessions.
(3) The Executive may delegate the responsibilities in subsection (1) and (2) to a special committee or any member(s) of the Association.
147. (1) The Executive may establish and organize annual legal sessions and/or other means to present and discuss subjects and developments in legal issues relating to the knowledge and practice of podiatry.
(2) The Executive shall determine the time and location of such legal sessions and may schedule them in conjunction with the scientific sessions.
(3) The Executive may delegate the responsibilities in subsection (1) and (2) to a special committee or any member(s) of the Association.
148. (1) When making or engaging in any public communications of any kind connected in any way with the practice or science of podiatry, every member shall state clearly whether the member is communicating on behalf of the Association.
(2) No member shall make or engage in a public communication on behalf of the Association, unless and until the member first obtains the approval of the Executive with respect to the content of the communication.
149. (1) The Executive may provide a seal for the Association.
(2) If an Association seal exists, the Executive shall affix the seal when it resolves to do so and then only in the presence of the persons prescribed in the resolution or if none are prescribed, then in the presence of the Secretary.
(3) The President shall have custody of the seal if one exists.
150. The Executive may prescribe such rules and regulations not inconsistent with these Bylaws or any other Bylaw of the Association relating to the management and operation of the Association as they deem expedient, provided that such rules and regulations shall have force and effect only until the next annual meeting of the members of the Association when they either shall be confirmed according to the requirements set out by these Bylaws for the confirmation of rules and regulations, or failing such confirmation at such meeting, shall at and from that time cease to have any force and effect.
151. Unless otherwise specified, a notice required to be given to a member of the Association under these Bylaws or any other Bylaw or rule or regulation of the Association shall be in writing and may be delivered by personal delivery, by prepaid mail or by electronic means.
152. Notices under these Bylaws or any other Bylaw or rule or regulation of the Association, shall be sent to the mailing address of a member, which shall be the address most recently recorded for the member in the Association register.
153. (1) Calculation of the time of giving notice shall be from the time the notice leaves the registered address of the Association or such other address as the notice may be sent from.
(2) To establish the date of posting of any nonpersonal service, it shall be sufficient to establish that the notice was properly addressed as required by these Bylaws and placed in a mail receptacle or sent by facsimile machine on a particular date.
(3) Notice shall be deemed received, if mailed, on the third business day following the date of mailing thereof, if delivered personally, on delivery, and if sent by electronic means, on the day it is electronically transmitted.
154. Accidental failure to give notice shall not affect the validity of the meeting or other process for which the notice is given.
155. The voting members of the Association may amend or repeal any part of these Bylaws or any schedule thereto by:
a. a two-thirds majority of voting members attending in person or by proxy at a properly constituted general meeting of the Association; or
b. a two-thirds majority of voting members responding to a mail ballot;
provided that a copy of the proposed amendment shall have been sent to the Association's membership as required by these Bylaws.
156. (1) The Executive may propose an amendment to these Bylaws.
(2) Any member of the Association may propose an amendment to these Bylaws, but only by sending:
a. a notice.
b. a copy;
C. a brief explanation; and
d. a petition signed by at least 25 % of the members indicating their support,
of the proposed amendment to the Executive at least three (3) months prior to the date on which action on the proposed amendment is proposed to be taken.
(3) The Executive shall put the matter of the proposed amendment on the agenda of the next annual general meeting.
157. (1) The Executive shall send a copy of the proposed amendment to each voting member of the Association at least thirty (30) days prior to the date at which action on the proposed amendment is proposed to be taken.
(2) The notice required by this section may be waived by a majority vote of the voting members present at a general meeting or responding to a mail ballot.
(3) Subsection (2) applies retroactively.
158. Except as otherwise specified herein, Roberts Rules of Order shall govern all procedural matters at all meetings of the Association, the Executive, the Board and all committees.
1 . After the person has paid licence fees and met any other qualifications which pertain to licence alone.
Licensure is a separate issue from membership and registration. A person must become registered, then that person may become a member of the BCAP, then the person be licensed.
2. Upon satisfying the BCAP that the person has been registered and meets all other qualifications for membership in the BCAP. Membership does not confer the right to practice podiatry. For that a person requires a licence.
3. Upon passing the requirements of the Board. Registration does not confer the right to practice podiatry. It merely confirms that a person has the skills necessary to practice. Registration does not equal and does not confer membership in the BCAP or a licence. They are separate issues.
4. The person affected no longer possesses a valid document or the rights conferred by it. They may have to requalify for it.
5. The person affected no longer possesses a valid document or the rights conferred by it. They may have to requalify for it.
6. The person affected can not exercise the rights conferred by the said document, but does not necessarily have to requalify for it once the suspension expires.
7. The term "member in good standing" refers only to the status of membership in the Association, and accordingly the certificate of membership ? it is a separate issue from the status of one's registration or licence.
8. The Board's policy should be something like this: in order for an Inactive member to be able to renew their registration without undergoing the requirements of initial qualification, the person must have carried on a full time practise for 3 out of the last 5 years.
9. Note b. 107: re Student Subcommittee of Education Committee: subcommittee & committee must ultimately go through Executive.
10. Continuing education requirements should entail a minimum number of hours of theoretical, practical, or other instruction available to practitioners and approved by the Association.
11. The BCAP should set out as policy, what types of penalties, including what fees, apply to different infractions. Types of missteps will be disciplinary or more administrative/fiscal (late fee payment) in nature.
The act of registration is a Board matter. obtaining a certificate of registration is technically a Board matter. However, penalties involving registration whether fees or conduct is involved, may involve both the BCAP & Board.
Membership in the BCAP is a BCAP matter. Obtaining a certificate of membership is a BCAP matter. Penalties involving membership, whether fees or conduct is involved, is a BCAP matter.
Insurance is a BCAP matter. Obtaining a licence to practice, which will be dependant on adequate insurance, is a BCAP matter. Penalties involving loss of licence is a BCAP matter.
12. The amounts of the various fees should be published in a policy guide from time to time.
13. See the general provisions re Committees.
14. This is one of the several areas in which the BCAP should develop a policy guide ? re what penalties may be applied in what circumstances.
15. ie, for the Executive's recommendation to the Board re examination content.
16. This is one of the several areas in which the BCAP should develop a policy guide ? re what penalties may be applied in what circumstances.
17. Most importantly, the B.C. Freedom of Information and Protection of Privacv Act ("FIPPAII).
18. Eg; non-MSP covered items like surgical tray fees, orthoses, medical supplies, opinion letters, missed appointment times, etc.