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Statutes of the SIDEME

SECTION I

GENERAL RULES

Art. 1.- Bearing the name of SOCIEDAD IBEROAMERICANA DE DERECHO MÉDICO (Ibero American Society of Medical Law), a non-profitable association has been established to group professionals who declare concrete interest in medical and health jurisprudence.

Art. 2.- The established shall promote its activities within IberoAmerican territories, will last indefinitely, and its dissolution can be decided in accordance with conditions and proceedings determined in the Statutes.

Art. 3.- The office of the Association will be fixed every four years by the General Council.

Art. 4.- It shall be an object of the SIDEME to promote and publish medical and health jurisprudence studies. For the furtherance of this object, activities of SIDEME shall include:

a) to promote theoretic and practical knowlegde among physicians related to medical and health jurisprudence, by encouraging physician-patient relationships in concurrence of circumstances.

b) to encourage interest in medical and health jurisprudence knowledge.

c) to promote and publish education and training courses for specialists in this juridical branch.

d) to establish liaison and assisst the exchange of information between scientific disciplines.

e) to organize by itself or in collaboration with other organizations or bodies, Congresses, Symposia, Meetings, or other scientific activities related to medical and health jurisprudence.

f) to publish printed material on medical and health jurisprudence, in addition to maintaining and promoting training centres and specialized librairies.

g) any other functions related to specific areas of medical and health jurisprudence.

Art. 5.- Without prejudice to the faculties of the General Assembly, the Executive Council is the organ able to interpret the Statutes and fulfill gaps if any, under the standing regulating rules of associations, or others. The Executive Council shall carry out the social statutes by approving an internal bylaw without altering the Statutes contents.

SECTION II

MEMBERS

Art. 6.- Membership of the SIDEME shall be open to all persons with activities related to medical and health jurisprudence or shown a concrete interest in this branch of jurisprudence.

Art. 7.-

1. Application forms to join the Association will be addresed to the President of the Executive Council and endorsed by two members of the Association. Acceptance of Statutes and Bylaws adopted by governing bodies and a curriculum vitae proving qualifications and specific activities of the applicant must be enclosed.

2. Application forms shall be considered by the Membership Committee of the Executive Council. Decision on admission to the Association shall be delegated by the Membership Committee to the Executive Council and ratified by the following General Assembly.

3. Membership condition will not be fulfilled unless first payment is due in accordance to the resolutions adopted by the General Assembly.

Art. 8.- The rights of the members are as follows:

a) To receive an issue of the Statutes and have access to any resolution adopted by the bodies of the Association.

b) To have voting right in the Extraordinary and Ordinary General Assembly of the Association providing membership is at least six months, and to be elegible for the Executive Council providing membership is at least one year.

c) To participate, as it is accorded by the Statutes, in governing bodies of the Association.

d) In general, to have access to studies and papers of the Association, attend events, cooperate in the aims of the Association and exert any rights considered by the Statutes.

Art. 9.- Duties of the members are:

a) To accept and follow social Statutes as well as the agreements validly adopted by the governing bodies.

b) To pay annual dues fixed by the General Assembly.

c) To cooperate for the attainment of the aims of the Association and accomplish the asigned functions and duties.

Art. 10.- Membership will be cancellated for any of the reasons as follows:

a) A member voluntarily asked for its cancellation by written declaration addressed to the President, subject thereafter to the following Executive Council session.

b) Due to a faulting action contrary to the interests and objectives of the Association, prior to commencement of proceedings by the Executive Council, in audience with the party in interest.

c) Failure of dues payment within two consecutive years. All members shall be notified in advance by the General Secretary; if the situation remains the same after thirty days of notification, membership will terminate automatically.

In any case, cancellation will exempt from pending liabilities towards the Association.

SECTION III

HONORARY MEMBERS

Art. 11.- The Executive Council may nominate an unlimited number of Honorary Membera, by unanimous vote, among persons whose scientific, cultural, or social profile deserve it. Equally, Honorary Members may be nominated among persons who have extraordinarily contributed to the aims of the Association.

Art. 12.- The rights of the Honorary Members are as follows:

a) Right to speech without voting rights, in the Extraordinary and Ordinary General Assemblies.

b) To be exemptioned from any dues.

c) In general, any rights attributed to Members, except for voting rights.

SECTION IV

STRUCTURE OF THE ASSOCIATION

Art. 13.-

1. Representative and governing bodies are as follows: the General Assembly, the Executive Council and the President.

2. Technical bodies of the Association shall be:

a) The Scientific Committee.

b) Sectorial Committees to be constituted for the furtherance of the aims of the Association.

Bylaws to set up Sectorial Committees determining their structures, terms of reference and proceedings, shall require the approval of a two thirds majority of the members of the Executive Council.

CHAPTER 1

THE GENERAL ASSEMBLY

Art. 14.- The supreme organ of the Association is the General Assembly. It shall consist of every member of the Association. It shall meet in regular annual sessions; extraordinary session may be convoked by the Executive Council, or at the request of at least one fifth of the members by notice in writing. It shall be appointed, in agreement with the Executive Council, by the General Secretary with no less than thirty clear days notice in writing, excepting urgent reasons, with the order of the day enclosed.

Art. 15.- The General Assembly will meet at first call at a location and date convened when the majority of its voting members are present. If the quorum is not reach, a second call will take place thirty minutes later, with any number of members present. Decisions shall we made by a majority of the members present and voting; otherwise a two third majority shall be needed. In case of tie, the President vote shall decide. It will be needed, nevertheless, a majority of the members present in the General Assembly in the following questions: disposition and alienation of assets, election of the Executive Council, censure motion to the President and application of public utility.

A minimal six-month membership gives voting right. In case of justified no attendance, votes may be delegated to a nominee. Four votes as a maximum, would be allowed in one nominee.

Art. 16.- Functions and powers of the General Assembly shall be:

a) To approve annual budgets and financial reports of the preceding year.

b) To renew the Executive Council.

c) To resolve on application forms for Membership.

d) To fix or modify dues.

e) To approve action plans of the Association.

f) To approve the Annual Report of the Association.

g) To modify the Statutes.

h) To dispose and transfer assets.

i) To dissolve the Association.

j) Any other requested by the Executive Council or by one fifth of the members at a notice of thirty days by written declaration, to be included in the order of the day of the corresponding meeting.

Art. 17.-

1. The General Assembly shall be chaired by the President or the Vice-President. The Secretary of the Executive Council shall act as its Secretary, or in his absence, any of the Officers.

2. The President shall conduct debates, regulate speakers from the floor and put the motions to a vote. The President shall also solve order and procedural matters arisen.

Art. 18.- Minutes of agreements of the General Assembly shall be kept by the General Secretary, approved at the end of the meeting or mailed to its members who, before thirty days deadline, may propose amendments. Thereafter minutes would be directly approved or if necessary, in the following Assembly.

CHAPTER II

THE EXECUTIVE COUNCIL

Art. 19.- The Executive Council is the governing body of the Association. The President, a Vice-President, the General Secretary, the Treasurer, and a maximum of twenty officers shall compose the Executive Council.

The President and all members of the Executive Council shall be elected by the General Assembly by direct, equal and secret suffrage over a closed slate of candidates. Every member of the Executive Council is elected for a period of four years, excepting renewal, resignation, or impairment, with no more than three consecutive terms.

Art. 20.- Renewal of the Executive Council shall take place by stages every two years. At first, the Vice-President, the Treasurer and three officers shall be renewed; in the second place the remained members. Members may run for re-election for a maximum of three consecutive terms.

Art. 21.- The Executive Council shall meet once a year as a minimun or at the request of its President. Decisions shall be made by a majority of the members present. An Executive Board shall be constituted within the Executive Council. The Executive Board shall consist of the President, the vice-President, the General Secretary, the Treasurer and one Officer appointed by the Executive Council. The Executive Board shall be in contact with the members of the Executive Council by e-mail or other ways to inform them of the agreements to be taken between annual sessions.

Art. 22.- Any casual vacancy on the Executive Council shall be appointed by the Executive Council among elected members from the slate of candidates until the conclusion of the term.

Art. 23.- The functions of the Executive Council are:

a) To plan scientific and social activities of the Association.

b) To execute agreements approved by the General Assembly.

c) Annual budget plans and statement of accounts for the last financial year shall be studied by the Executive Council, prior to submission to the General Assembly.

d) To approve annual memorandums of the Association.

e) To designate by unanimous vote Honorary Members.

f) To solve any controversy arisen among members.

g) To conduct and solve disciplinary proceedings.

h) Any other appointed by the General Assembly.

CHAPTER 3

THE PRESIDENT

Art. 24.- The President of the Association represent it at all legal functions, executing on behalf of the Association agreements of the Executive Council and the General Assembly. In addition, the President is responsible for the administration and governance of the Association.

Art. 25.- It corresponds to the President the following functions:

a) To convoke and preside the General Assembly and the Executive Council, establishing the order of the day.

b) To propose and encourage the action plan of the Association.

c) To authorize, under signature, the execution and implementation of the agreements of the Association and to approve payments.

d) To approve minutes of the General Assembly and the Executive Council, statements of accounts, affidavits and public or private documents issued by the Association.

e) To grant any powers, including lawful acts.

f) In case of urgency, to carry out and solve affairs proper to the Executive Council, informing the Executive Council afterwards.

g) Any other function in accordance to the Statutes, bylaws or policies in force applicable to the case.

Art. 26.- The above-mentioned functions shall be entrust to the Vice-President in case of absence, vacancy or illness of the President, or by delegation.

CHAPTER IV

THE SCIENTIFIC COMMITTEE

Art. 27.-

1. As a maximum of 20 persons of high reputation within medical and health jurisprudence related to the Association shall compose the Scientific Committee.

2. Officers of the Scientific Committee shall be appointed by the General Assembly upon proposal from the Executive Council.

3. The functions of the Scientific Committee shall be:

a) To notify programs of scientific activities.

b) To act as Editorial Board of the publications of the Association.

c) Any other function related to scientific activities of the Association instructed by the Executive Council.

SECTION V


ECONOMIC AND DOCUMENTARY REGIME

Art. 28.- The Sociedad Iberoamericana de Derecho Médico is a non-profitable organization with no foundational possessions.

Art. 29.- Economic sources to further its scientific and social objectives shall be:

a) Ordinary and extraordinary dues, regular or joining-dues, named by the General Assembly.

b) Incomes obtained through lawful activities in conformity to the Statutes agreed by the Executive Council.

c) Profits resulting from properties or rights, legal subsidies and donations lawfully given.

d) Other incomes resulting from acting as a consultancy agency.

e) Other permitted by bylaws and standing regulations.

Art. 30.-

1. The annual budget shall be formulated in conformity with the General Accounting Plan policies and standing regulations.

2. The financial year shall commence on 1 January and conclude on 31 December.

Art. 31.- Economic administration shall be disclosed allowing members to periodically knowledge funds uses.

Art. 32.- The economic and documentary regime shall consist of:

a) Members record book.

b) Minute book.

c) Account book.

d) Statement of Accounts and invoice book.

However, the above-mentioned items may be kept in mixed books.

SECTION VI

DISSOLUTION OF THE ASOCIACION

Art. 33.- Dissolution of the Association can be decided by two thirds majority vote of the present members of the General Assembly in an extraordinary session; or for any reason in accordance with bylaws and judicial verdict.

Art. 34.- If dissolution of the Association is agreed in the General Assembly, a special committee shall be appointed to dispose existent funds. Any assets remaning after cancellation of liabilities shall be trasnferred to such organisations having similar object as described in Art. 4 of the Statutes.

Art. 35.- Any amendments or alterations concerning the Statutes shall be approved, prior agreement of the Executive Council, by two thirds majority vote of the members present in a properly constituted General Assembly.

SECTION VIII

Art. 36.- Membership, voting and access to the Executive Councilrequirements shall be exempted in the constitutive Assembly. A written form to join the Association and a pledge of subscription payment shall be requested.

Founder members shall be those members recorded as such in the constitutive Assembly.

Traducción: Mariana Folle

  SIDEME - Sociedad Iberoamericana de Derecho Médico -
Br. Artigas 1515. CP 11.200 - Montevideo - Uruguay.
Fax: (598-2) 4091603 - e-mail:
sideme@sideme.org