Academy Bylaws
BYLAWS
OF
AMERICAN ACADEMY OF OPTOMETRY
As amended 10/11
ARTICLE I. MEMBERSHIP
The Academy shall consist of Fellows (including Honorary Fellows, Emeritus Fellows and Life Fellows), Candidates for Fellowship and Student Members. The Fellows shall be the Voting Members of the Academy, and the Candidates for Fellowship and Student Members shall be the Nonvoting Members of the Academy. Unless otherwise stated, for the purposes of these Bylaws, the Voting Members and Nonvoting Members collectively shall be referred to as the “members” or the “membership” of the Academy.
Section 1.
Fellowship shall be open to all optometrists in professional practice according to Academy standards, and to scientists, educators, librarians, administrators, editors, and others who have accredited themselves and demonstrated a significant contribution to optometry and/or vision science by their service. Fellows have the right to vote and hold any elective or appointive position in the Academy.
Honorary Fellowship may be granted to individuals for distinguished contributions to the Academy or the science and art of optometry and/or vision science, by action of the Board of Directors. Honorary Fellows have the rights and privileges of Fellowship, including the right to vote.
Any Fellow in good standing who has been a Fellow for at least 30 years and has reached the age of 70 may apply for and will be granted Emeritus status. Emeritus Fellows have all the rights of Fellows, including the right to vote.
Life Fellowship may be granted to any Fellow, by reason of length of membership and service to the science and art of optometry and/or vision science, by action of the Board of Directors. Life Fellows have the right to vote.
Candidate status may be granted to persons who are in the process of applying for Fellowship in the Academy. Candidates do not have the right to vote, hold themselves out as anything other than “Candidates for Fellowship” of the Academy, or serve as an appointed chairperson; they may hold other appointive positions in the Academy.
Section 6.
Student membership may be granted to students who are in good academic standing at a school or college of optometry, to full time graduate students in the vision sciences and related sciences, and to residents in optometric residency programs. Student members do not have the right to vote, hold themselves out as anything other than “Student Members” of the Academy, hold elective office, or serve as an appointed chairperson; they may hold other appointive positions in the Academy.
Fellowship in this Academy shall continue only so long as the fellow shall by act or conduct reflect no discredit upon this Academy. Any violation of the signed pledge to abide by the Standards of Conduct of this organization shall be deemed grounds for expulsion.
Any Fellow who has reached age 65 may apply for and be granted Senior Fellow status. Senior Fellows have all the rights of Fellows, including the right to vote.
ARTICLE II. DUTIES OF OFFICERS AND DIRECTORS
Section 1.
The officers of the American Academy of Optometry (the “Academy”) shall be: President, President Elect, Immediate Past President and Secretary-Treasurer. These officers shall be elected by the Voting Members every two years except the President and Immediate Past President, who will assume these offices on completion of their terms as President Elect and President, respectively. The nominations and election of officers shall take place at the Annual Meeting, the two-year terms of office to begin immediately after the Annual Meeting and continuing until new officers take office immediately after the Annual Meeting two years later. The Board of Directors shall appoint a replacement for any officer whose position has been vacated by reason of resignation, death, or removal. The replacement shall serve for the balance of the term to be filled.
The Board of Directors shall be the administrative body of the Academy and shall consist of the President, who shall be the Chairman, the President Elect, the Immediate Past President, the Secretary-Treasurer, and four (4) at-large Board of Directors Members. The four at-large Board members shall be elected by the Voting Members every two years. The top four vote-winners shall serve as at-large members of the Board. In the event of a 2-person tie in the voting for the fourth at-large position those tied for that position on the Board shall serve as Directors. Should there be more than 2 persons tied for the fourth position, a run-off election will occur. The nominations and election of the four at-large Board members shall take place at the Annual Meeting, the two-year terms of office to begin immediately after the Annual meeting and continuing until the new officers take office immediately after the Annual Meeting two years later. The Board of Directors shall appoint a replacement of an at-large Board member whose position has been vacated by reason of resignation, death or removal. The replacement shall serve for the balance of the term to be filled.
Section 3.
The Board shall manage the affairs and funds of the Academy, fix the dates and places of the Annual Meetings consistent with the majority vote of the Voting Members as specified in Article VI of these Bylaws, approve the appointment of committees, supervise the activities and business affairs of the Academy, and transact all business not otherwise provided for that may pertain to the Academy. Six members of the Board of Directors shall constitute a quorum for the transaction of business.
The President shall preside at all meetings of the Academy and shall chair the Board of Directors. He or she shall appoint all committees subject to the approval of the Board of Directors. He or she shall perform the duties usually incumbent on the office, and such other duties as may be directed by the Board of Directors.
The President Elect shall assume the duties of the President in his or her absence or at his or her request, and shall assume such duties as may be assigned to him or her by the Board of Directors or the President.
The Secretary-Treasurer shall keep records of all proceedings and financial transactions of the Academy and the Board of Directors, conduct correspondence, collect dues, notify members of the Academy about meetings a reasonable time in advance, and perform such other duties as pertain to the office, or as may be prescribed by the Board of Directors or these Bylaws.
The Board of Directors shall transact all business for the Academy between Annual Meetings and shall assume such other duties as may be delegated to it by the Academy.
ARTICLE III. QUALIFICATION FOR MEMBERSHIP
Section 1.
Application for membership shall be made directly to the Secretary-Treasurer of the Academy. Applicant fees as determined by the Board of Directors must accompany each application.
Each applicant for membership in the Academy shall subscribe to the Academy Membership Pledge and Agreement, and return it properly signed to the Secretary-Treasurer of the Academy.
Each applicant must fulfill all requirements established by the Academy for admittance prior to submission for approval by the Board of Directors.
Ex-officio members may be elected by the Executive Council to serve on the Council but shall not have Council voting privileges.
ARTICLE IV. STANDARDS OF CONDUCT
Members of the Academy shall be of good moral character and maintain the highest standards of the profession.
Members of the Academy shall accept responsibility for the consequences of their acts, make every effort to insure that their services are used appropriately, and, when indicated, recommend alternate sources of care.
Members of the Academy shall maintain the highest degree of professional competence by rendering services, using techniques, and providing opinions that meet the highest standards of practice.
The moral, ethical, and legal standards of behavior of a member are a personal matter to the same degree as they are for any other citizen, except as they may compromise the fulfillment of the member’s professional responsibilities.
The professional standards of members of the Academy require that public statements, announcements and promotional activities not be deceptive, fraudulent, or misleading.
Section 6.
Members of the Academy will at all times observe the principles of collegiality when communicating to, or about, other members.
ARTICLE V. DUES
The annual dues of Fellows shall be determined from time to time by a majority vote of Voting Members at a business meeting of each Annual Meeting, and are payable in advance before January 1 of each year. Notice of a possible change in such dues must be given at least 30 days prior to the date of the Annual Meeting. The annual dues of other membership categories shall be determined by the Board of Directors. Members who apply after June 30 may pay reduced dues for the remainder of the year.
Any members of the Academy whose dues and assessments remain unpaid on April 1, shall stand suspended. In the event payment is not made by April 30, membership in the Academy may cease, and the members shall be notified by the Secretary-Treasurer. The member may be reinstated by action of the Board of Directors upon such terms and conditions, as the Board of Directors deems appropriate.
ARTICLE VI. ANNUAL MEETING
The Annual Meeting of the Academy shall convene each year at such time and place as has been decided by a majority vote of the Voting Members present at a business meeting of a previous Annual Meeting. In the event the time and place is not decided upon at the Annual Meeting, or if circumstances make a previously decided site untenable, then the Board of Directors shall decide upon the necessary changes.
A business meeting shall be held at each Annual Meeting of the Academy. Those Voting Members in attendance at each business meeting shall transact the business of the Academy, which may include, without limitation, nominating officers and at-large members of the Board of Directors, setting Fellows’ dues, determining the dates and locations of future Annual Meetings, and voting on amendments to the Bylaws, pursuant to the provisions of Article IX of these Bylaws. Notwithstanding the provisions of this section, voting for members and officers of the Board of Directors may take place at any time during the Annual Meeting as approved by the Board of Directors.
Other meetings may be held during the year as directed by the membership of the Board of Directors.
ARTICLE VII. ACADEMY CHAPTERS
Application for a local chapter of this Academy will be considered by the Board of Directors when signed by ten members in good standing, residing in a local chapter zone.
Upon Board of Directors approval of the application, the Secretary-Treasurer will prepare a charter, which will be fully signed and executed by the Board of Directors. The Board will designate the territory to be covered by the local chapter.
Local chapters of the Academy shall operate and be bound by a Chapter Constitution and Bylaws consistent with the Constitution and Bylaws of the Academy and approved by the Board of Directors.
Local chapters may make additional rules for the conduct of their affairs provided they are not in conflict with the basic principles of the Academy.
Local chapters will make an effort to encourage eligible persons to make an application for membership in the Academy.
A chapter will be considered active when at least one meeting is held each year, and a report of the meeting(s) is sent to the Secretary-Treasurer of the Academy.
The charter of a local chapter may be revoked for cause by a majority vote of the Board of Directors.
ARTICLE VIII. SECTIONS
The Board of Directors may authorize the formation, operation, and termination of Academy Sections and Special Interest Groups to provide a forum for member discussions, professional enhancement and recognition and to provide the Academy with contributions from various fields of study or practice.
Each Section and Special Interest Group shall be created and shall operate in accordance with policies and procedures adopted or modified by the Board of Directors from time to time.
A Section or Special Interest Group may not enter into a binding agreement of any kind, including but not limited to financial, scientific, professional or corporate agreements, without first obtaining specific approval from the Board of Directors.
A Section shall establish diplomate programs to provide recognition by one’s professional colleagues who are Academy Fellows of demonstrated competence and leadership in a designated area, subject to the approval of the Board of Directors.
ARTICLE X. PARLIAMENTARY AUTHORITY
ARTICLE XI. PROCEDURES, POLICIES AND ADMINISTRATION
ARTICLE XII. NON-DISCRIMINATION
INTERPRETATION OF THE STANDARDS OF CONDUCT, ARTICLE III, OF THE BY-LAWS OF THE AMERICAN ACADEMY OF OPTOMETRY
The following Interpretative Statements are based on the Standards of Conduct contained in Article III of the By-Laws of the American Academy of Optometry. These have been designed to assist Academy members in promoting and protecting the public good by establishing criteria by which each member may determine the propriety of relationships with patients, with colleagues, with members of allied professions and with the public.
Requirements of the Academy may often exceed state and national laws and regulations. While violations of the law may subject the optometrist to civil or criminal liability, the American Academy of Optometry may reprimand, censure, suspend, or expel a member, after due process hearings, or deny membership to an applicant, on the basis of violations of the Standards of Conduct. ACCEPTANCE OF MEMBERSHIP COMMITS THE INDIVIDUAL TO ADHERENCE TO THESE STANDARDS.
BY-LAWS: ARTICLE III
SECTION 1. MEMBERS OF THE ACADEMY SHALL BE OF GOOD MORAL CHARACTER AND MAINTAIN THE HIGHEST STANDARDS OF THE PROFESSION.
Members of the American Academy of Optometry:
1.1 Shall be known in their respective communities for integrity, honesty, competence, knowledge, compassion, thoughtfulness and citizenship. "Communities" refers to cities, towns, villages, colleges, universities, research institutes, etc.
1.2 Shall strive to continually develop as a whole person.
1.3 Who believe that they know of an ethical violation by another member shall informally attempt to resolve the issue by bringing the aberrant behavior to the attention of the member. Such informal corrective efforts must be sensitive to any rights of confidentiality involved. If the violation does not seem amenable to an informal solution, the member should bring it to the attention of the Secretary along with evidence of such violation.
SECTION 2. MEMBERS OF THE AMERICAN ACADEMY OF OPTOMETRY SHALL ACCEPT RESPONSIBILITY FOR THE CONSEQUENCES OF THEIR ACTS, MAKE EVERY EFFORT TO INSURE THAT THEIR SERVICES ARE USED APPROPRIATELY, AND, WHEN INDICATED, RECOMMEND ALTERNATE SOURCES OF CARE.
Members of the American Academy of Optometry:
2.1 Will not participate in, condone, or be associated with dishonesty, fraud, deceit, dissimulation, or misrepresentation of professional qualifications, education, experience or affiliation.
2.2 Will protect patients from unwarranted physical or mental discomfort, distress, harm, danger, deprivation, and unnecessary procedures, and will not exploit patients for pecuniary gain.
2.3 Will keep the confidence of patients and their records inviolate and will discuss patients with consultants only after securing the informed consent of the patient, except where required by law.
2.4 Will not promote, condone or participate in conditions which tend to limit, impair or interfere with free and complete exercise of professional judgment and skill since such conditions cause a deterioration in the quality of patient care.
2.5 Will accept complete responsibility and accountability for their professional judgment and action and those of staff assistants.
2.6 Will seek consultation from appropriate sources when needs of the patient are beyond their own qualifications and competencies, or if the patient requests such.
2.7 Will collaborate with other members of the health care community in resolving health needs of patients.
2.8 Will practice in such a manner that neither patients nor the public will be misled as to the nature of the services rendered or the person or persons responsible.
2.9 Involved in research shall take responsibility to weigh the scientific and human values of their research. Compromise of any human principle should be only with informed consent and with stringent safeguards to protect the rights of human participants.
2.10 Involved in animal research shall take the responsibility to insure that acquisition, care, use and disposal of animals is in compliance with current laws and regulations. These not withstanding, the animals' immediate protection depends upon the scientist's own conscience.
2.11 Who publish or report will do so responsibly, honestly and completely. Acknowledgment through specific citations shall be made for unpublished as well as published material that has contributed directly or indirectly to the writing or the reporting.
SECTION 3. MEMBERS OF THE AMERICAN ACADEMY OF OPTOMETRY SHALL MAINTAIN THE HIGHEST DEGREE OF PROFESSIONAL COMPETENCE BY RENDERING SERVICES, USING TECHNIQUES AND PROVIDING THE OPINIONS THAT MEET THE HIGHEST STANDARDS OF PRACTICE.
Members of the American Academy of Optometry:
3.1 Will act to safeguard patients and the public from the incompetent, unethical or illegal practice of optometry.
3.2 Will maintain competence by attending lectures, professional meetings, study courses, Academy meetings, and by planned home study, research, and reading.
3.3 Should promote and/or participate in research and activities which contribute to the development and dissemination of knowledge concerning all aspects of visual science and optometric care.
3.4 Should participate in optometry's efforts to protect the public from misinformation and misrepresentation concerning health care, with particular emphasis on vision care and optometric services.
3.5 Will perform any teaching duties only after careful preparation so that presentations are accurate, current and scholarly.
3.6 Will abide by applicable State and Federal laws and regulations regarding the practice of optometry.
SECTION 4. THE MORAL, ETHICAL, AND LEGAL STANDARDS OF BEHAVIOR OF A MEMBER ARE A PERSONAL MATTER TO THE SAME DEGREE AS THEY ARE FOR ANY OTHER CITIZEN, EXCEPT AS THEY MAY COMPROMISE THE FULFILLMENT OF A MEMBER'S PROFESSIONAL RESPONSIBILITIES.
Members of the American Academy of Optometry:
4.1 Will set their standards of behavior in harmony with Academy objectives and will not allow their behavior to cause a reduction in public trust and confidence that would impair the ability of colleagues to provide care.
4.2 Will avoid any action that violates or diminishes the legal and civil rights of patients.
4.3 Will refrain from initiating uninvited direct solicitations of patients who, because of their particular circumstances are vulnerable to undue influence.
SECTION 5. THE PROFESSIONAL STANDARDS OF MEMBERS OF THE ACADEMY REQUIRE THAT PUBLIC STATEMENTS, ANNOUNCEMENTS, AND PROMOTIONAL ACTIVITIES NOT BE DECEPTIVE, FRAUDULENT, OR MISLEADING.
Since individual patients want to know, and have a right to know, more about vision care (including optometry and visual science) their best interests are served by the proper dissemination of information within specific guidelines. Members of the American Academy of Optometry, when participating in public education efforts:
5.1 Are enjoined to function with the patient's best interest in mind and to stress optometry's goal to provide excellence in vision care to all patients.
5.2 Will ensure that public information statements are based on scientific knowledge and fact.
5.3 Will not misuse Academy membership when dealing with the public or the media.
5.4 Must ensure that, when applicable, statements regarding eye care should follow the usual application of informed consent, noting alternative therapy, complications and efficacy of proposed treatment.
5.5 Shall not compensate nor give anything of value, including services, to a representative of the press, radio, television, or other communications media in anticipation of, or return for, professional publicity in a news item.
5.6 Should understand that the Academy is concerned that some optometrists may unintentionally mislead the public by using statements which can be misconstrued and that there may be a few who might attempt to attract patients through statements which are false and misleading. The Academy asserts that such statements are not in the public interest and constitute conduct unworthy of Academy members.
SECTION 6. MEMBERS OF THE ACADEMY WILL AT ALL TIMES OBSERVE THE PRINCIPLES OF COLLEGIALITY WHEN COMMUNICATING TO, OR ABOUT, OTHER MEMBERS.
The Academy exists as a collegium, defined as "A group, the members of which pursue shared goals while working within a framework of mutual trust and respect." Members should feel free to propose or debate ideas in an atmosphere of mutual respect.
6.1 A member, when communicating to or about other members, shall not make false or misleading statements.
6.2 A member shall not use derogatory or malicious statements when debating the ideas of others.
Guidelines for Public Statements and Information
By order of the Board of Directors, the Admittance Committee and the Judicial Committee of the Academy will consider public statements or announcements, whether paid for or not, to be false, fraudulent, deceptive, or misleading whenever they:
a. Contain a misrepresentation of fact or omit a material fact necessary to prevent deception or misrepresentation.
b. Contain a picture or facsimile of a person for the purpose of promising relief or recovery unobtainable by the average patient by the methods publicized.
c. Contain a testimonial pertaining to a quality or efficacy of optometric care of services that does not represent typical experience of other patients.
d. Are intended or are likely to create false or unjustified expectations of favorable results.
e. Contain a claim that the optometrist possesses skills, provides services or uses procedures superior to those of other optometrists with similar training, unless such claims can be factually substantiated by scientific and accepted evidence.
f. Take improper advantage of a person's fears, vanity, anxiety, or similar emotions.
g. Contain a claim that is likely to deceive or mislead the average member of the public to whom it is directed.
h. Contain a false or misleading prediction or implication that a satisfactory result or cure will result from performance of professional services.
i. Contain a claim that the optometrist uses or provides products which are superior unless claims can be factually substantiated, by scientific and accepted evidence.
j. Describe availability of products, procedures or services which are not permitted by law.
k. Are likely to attract patients by use of exaggerated claims.
l. Contain an uninvited direct solicitation of patients who, because of their particular circumstances, are vulnerable to undue influences.
m. Are not identified as a paid announcement or solicitation even when it is apparent from the context that it is a paid announcement or solicitation.
n. Contain a statement of fees charged for specific professional services but fail to indicate whether additional fees may be incurred for related services which may also be required.
o. Identify a Student Member or Candidate for Fellowship as a member or Fellow of the Academy.