TEXAS SOCIETY OF PLASTIC SURGEONS* - CONSTITUTION
I. NAME: The name of the organization shall be the Texas Society of Plastic Surgeons (hereafter “TSPS”).
A. To benefit humanity by advancing the art and science of plastic and reconstructive surgery.
B. To promote the highest standards of professional skills and competence among plastic sur-geons.
C. To promote the exchange of surgical, scientific, and socioeconomic information among plas-tic surgeons and other physicians by discussions, meetings, publications, and electronic dis-semination.
D. To promote the highest standards of personal and professional conduct among plastic sur-geons.
E. To provide the public with information about the scientific progress in plastic and reconstruc-tive surgery.
F. To function as a patient advocate in state and national legislative policy matters.
G. To monitor medical/legal changes which impact the practice of plastic and reconstructive sur-gery at the state and national levels.
III. MEMBERS: Charter Members of the organization shall be Diplomats of the American Board of Plastic Surgery who were in the active practice of their specialty in 1954 in the State of Texas. Other Members shall be as provided by the Bylaws.
IV. MEETINGS: Meetings of the TSPS shall be held as provided in the Bylaws.
Section 1: The elected officers of the TSPS shall consist of a President, a President-Elect, a Vice-President, a Secretary, a Treasurer, and a Historian.
Section 2: The officers shall be elected to terms of office as provided in the Bylaws.
VI. COUNCIL: The Executive Council of the TSPS shall consist of the President, President-Elect, Vice-President, Secretary, Treasurer, Historian, and the Immediate Past President, with the Presi-dent serving as Chairperson. Other members may serve in a non-voting capacity as requested by the President with the concurrence of the Executive Council.
VII. DUES AND ASSESSMENTS: Expenses of the TSPS shall be met by dues and assessments and any other means as provided in the Bylaws.
VIII. AMENDMENTS: Amendments to the Constitution may be made at the Annual Meeting by a vote of two-thirds (2/3) of those attending, provided there is a quorum of the TSPS and that the Mem-bers have received thirty days advance notice in writing of proposed Amendments.
* Incorporated State of Texas – August 6, 1985. Charter # 762422-1
Texas Society of Plastic Surgeons - BYLAWS
ARTICLE I - MEMBERSHIP
SECTION 1. GENERAL: Membership, other than Charter Members, shall be by invitation of the TSPS. Election to Mem-bership shall be by an affirmative vote by secret written ballot of four-fifths (4/5) of the Active and Life Members present and voting.
Membership in the TSPS is a privilege, not a right, and shall be unlimited in number. Membership in the TSPS shall be available to regularly licensed physicians engaged in the practice of plastic and reconstructive surgery and others who ful-fill the requirements as provided in these Bylaws, and who agree to comply with the TSPS Code of Ethics.
SECTION 2. CLASSES OF MEMBERSHIP: Membership in the TSPS shall be (a) Active Membership, (b) Candidate Membership, (c) Associate Membership, (d) Life Membership, (e) Honorary Membership, and (f) Resident/Fellow Mem-bership.
a. Active Membership: Active Members shall be surgeons of high personal and professional qualifications who have been actively engaged in the practice of plastic and reconstructive surgery in the State of Texas for at least one (1) year. They shall be citizens of the United States unless a waiver is granted by the Executive Council. Certification by the American Board of Plastic Surgery or its Canadian equivalent shall be a prerequisite for Active Membership. Applicants for Active Membership in the TSPS shall be proposed by the Membership Committee as provided in Article V, Section (5) of the Bylaws. Upon election to Active Membership and upon payment of the annual dues, registration fees, and assess-ments, Active Members shall have the right to vote at all meetings of the TSPS and be eligible to hold office. An applicant for Active Membership who is not elected may reapply after two years from the date of rejection for consideration.
b. Candidate Membership: Applicants shall be surgeons who have satisfactorily completed a formal training pro-gram, approved by the Advisory Council for Graduate Medical Education (ACGME), and are eligible for certification by the American Board of Plastic Surgery or its Canadian equivalent, except as provided in this section. They shall be en-gaged in the active practice of plastic and reconstructive surgery and must have established both Texas residency and have their primary office in the State of Texas. Applicants for Candidate Membership shall be proposed by the Member-ship Committee as provided in Article V, Section 5 of these Bylaws. Upon approval for Candidate Membership, and upon payment of the annual dues, the Candidate Member shall have all the privileges of Active Members except that they may not hold office and they shall not be allowed to vote or attend that portion of the Business Meeting concerned with mem-bership.
. Candidate Members will be responsible for payment of all registration fees and assessments, and for their first three years of membership a graduated percentage of the of Active Membership annual dues.
A Candidate Member who has not been certified by the American Board of Plastic Surgery (or its Canadian equivalent) within five (5) years from the time of his or her election to TSPS Candidate Member status will lose his or her Candidate membership and must reapply for membership in the appropriate membership category like a new applicant. He or she shall be notified by the Executive Council, through the Office of Secretary, that membership in the Texas Society of Plastic Surgeons has been withdrawn, unless an extension is granted by the Executive Council.
It is the responsibility of a Candidate Members who has earned certification by the American Board of Plastic Surgery, to promptly notify the Secretary, in order to both protect their membership from lapsing and also to have the Secretary place their name on the ballot for Active Membership at the next Annual Meeting of the TSPS. Candidate Members must be present at the Annual Meeting to be introduced to the TSPS Membership as a requirement for elevation to Active Member-ship status. Candidate Members not fulfilling requirements for Active Membership within five (5) years after completing their training shall be notified by the Executive Council, through the Office of Secretary, that membership in the Texas Society of Plastic Surgeons has been withdrawn, unless an extension is granted by the Executive Council.
Similarly, Candidate Members who have otherwise fulfilled all of the requirements for Active Membership, but have not achieved citizenship in The United States within five (5) years after entering practice in the State of Texas, shall be notified by the Executive Council, through the Office of the Secretary, that membership in the TSPS has been withdrawn, unless an extension or waiver is granted by the Executive Council.
c. Resident/Fellow Membership: Applicants for Resident/Fellow Membership must be a full time Plastic Surgery Resident enrolled in a program in the State of Texas and approved by the ACGME or a Fellow in a Post-Residency pro-gram acceptable to the Executive Council. Upon completion or termination of the Residency/Fellowship, the resi-dent/fellow may then apply for Candidate Membership in the TSPS. Resident/Fellow Members do not pay dues, vote, hold office, or attend the Business Meeting. They are encouraged to attend the Annual Scientific Meeting and present papers.
d. Associate Membership: Associate Membership shall consist of the following categories:
1. Military Plastic and Reconstructive Surgeons who are stationed in the State of Texas and who otherwise would be qualified for Candidate or Active Membership in the TSPS.
2. Former Active Members who have moved out of state and elect to retain their Membership in the TSPS.
3. Plastic and Reconstructive Surgeons who are retired from any other state and who now reside in Texas.
4. Plastic and Reconstructive Surgeons in full-time practice who are citizens of the USA and who reside and practice in any other state who would otherwise be qualified for Active Membership in the TSPS.
5. Plastic and Reconstructive Surgeons in active practice in the State of Texas, who have completed an ap-proved Plastic and Reconstructive Residency Program but are a) no longer eligible for Candidate Status and b) have never achieved Board Certification.
Applications for Associate Members shall be submitted from the Membership to the Membership Committee. Applications for the Associate Membership category will require recommendations from not less than three (3) Active or Life Members and will be submitted to the Executive Council for approval before being submitted to a vote of the voting membership.
Associate Members shall be subject to the same ethical obligations as Active Members and shall enjoy all of the privileges of Membership except the right to hold office, to vote, or to attend the Business Meeting. Associate Members shall pay registration fees and assessments for those meetings that they attend. They shall be required to pay 50% of Active Mem-bership annual dues.
e. Life Membership: Life Membership may be conferred upon Active Members who have retired from active prac-tice in the State of Texas. Life Membership may be considered for individuals at the discretion of the Council even though the above requirements have not been met, as in the event of disability or illness. Life Members shall neither pay dues nor hold office, but shall retain their right to vote. Life Members shall pay registration fees and assessments for the meetings they attend.
f. Honorary Membership: Honorary Members shall be individuals with high personal and professional qualifica-tions. Honorary Membership may be conferred upon approval of the Membership at the Annual Meeting upon recom-mendation of the Executive Council. Honorary Members shall have the privileges of attending scientific and social activi-ties of the TSPS and shall be responsible to pay the fees related to those events. Honorary Members shall not vote or hold office, and will not be required to pay dues or assessments..
g. Changes in the Dues & Assessment Amounts: The above percentages of full dues and the burden of assessments by various classes of membership should be considered guidelines. The Executive Council may from time to time need to reassess the financial obligations of the various classes of members, especially where they are offered a reduction from the full dues paid by the Active Members. Therefore, the Executive Council may alter the dues discount schedules of any membership class (relative to the amount that the Active Membership pays) and adjust them as circumstance may re-quire. Dues increases for the Active Membership should be by a majority vote of the Members present at the Business Meeting.
SECTION 3. RESIGNATION: Any member may resign by filing a written resignation with the Secretary of TSPS, but such resignation shall not relieve the Member so resigning of the obligation to pay dues or other charges accrued or unpaid except by approval of the Executive Council. A resigned Member must reapply in the usual manner prescribed in the By-laws if they desire re-admission to the TSPS. Any outstanding unpaid dues, assessments, and fees incurred during the pre-vious membership must be paid in full and accompany the application for re-admission to the Society before that applica-tion can be considered complete.
ARTICLE II - MEETINGS OF MEMBERS AND VOTING
SECTION 1. ANNUAL MEETING: The Annual Meeting of the Membership of the TSPS shall be held at such time and place as the Executive Council may determine and shall consist of two parts: (1) Scientific and (2) Business. Attendance at the Business Meeting shall be open only to Members of the TSPS or as otherwise provided in these Bylaws.
SECTION 2. SPECIAL MEETINGS: Special Meetings of the TSPS Membership may be called by the President, two or more members of the Executive Council, or upon receipt of a written request of ten percent (10%) of the voting Members of the TSPS. The business to be transacted at any Special Meeting shall be clearly stated in the notice thereof, and no other business may be considered, except by unanimous vote of those in attendance. Amendments to the Constitution may not be made at Special or Interim Meetings.
SECTION 3. NOTICE OF MEETINGS: Notice of the Annual Meeting of the TSPS shall be mailed by the Secretary to the last known address of each Member at least thirty (30) days before the time appointed for the Meeting. Written notice of the Special Meetings shall be mailed to the last known address of each Member at least two (2) weeks before the time ap-pointed for such Meeting. All Notices of Meetings shall set forth the place, date, time, and purpose of the Meeting.
SECTION 4. VOTING: At all Meetings of the TSPS each Active and Life Member shall have one (1) vote, and may take part and vote in person only and not by proxy. Unless otherwise specifically provided by these Bylaws, a majority of vot-ing members shall govern. Voting may be by voice, show of hands, or rising, except on the following questions where it shall be by secret ballot:
1. Election of Officers
2. Election of Nominating Committee Members
3. Election of Members
4. Any action relating to disciplinary proceedings against a Member
5. Where written ballot is requested by a majority vote
The Voting Membership shall be Active and Life Members of the TSPS in good standing.
QUORUM OF MEMBERS: Ten percent (10%) of the Active Members of the TSPS shall constitute a quorum for the transaction of business at any Meeting of the TSPS.
SECTION 6. RULES OF ORDER: The meeting and proceedings of the TSPS shall be regulated and controlled according to the current edition of "Sturgis's Standard Code of Parliamentary Procedure," except as may be otherwise provided by these Bylaws.
SECTION 7. GUESTS: Any Member of the Society may invite guest(s) to the Annual Meeting to participate in the scien-tific and social functions and related activities. The guests shall be welcome to participate in discussions at the scientific meeting and may be invited to prepare a presentation, but may not attend the Business Meeting. Any three (3) concurring Members of the Executive Council may deny attendance at any TSPS Meeting of any invited guest whose presence is considered detrimental to the conduct of any TSPS Meeting.
Any Medical Student, Resident, or Fellow in an approved training program (with a letter from their school registrar or train-ing program chief) in the State of Texas shall be welcome to attend the Annual Meeting of the TSPS with no registration fee, but their spouse or guest must pay the normal fees of the social functions they choose to attend. They may not attend the Business Meeting. (Article I, Section 2 (c).
ARTICLE III - OFFICERS
SECTION 1. OFFICERS: The elected Officers of the TSPS shall be the President, the President-Elect, the Vice-President, the Secretary, the Treasurer, and the Historian who shall be elected by a majority of the Voting Membership at the Annual Meeting of the TSPS.
Appointed Positions of the TSPS shall be as provided for elsewhere in these Bylaws. (Article IV, Sections 7: A, B, C).
SECTION 2. QUALIFICATIONS FOR OFFICE: Any Active Member in good standing shall be eligible for nomination and election to any elective office of the TSPS.
SECTION 3. NOMINATION OF OFFICERS: In accordance with the procedure provided in Article V, Section 4 of these Bylaws, the Nominating Committee, selected prior to the Annual Meeting, shall prepare and submit to the Members at the Annual Meeting a nomination for each of the elected offices of the Society. Any person so nominated shall have given his prior consent to nomination and election as an officer. Additional nomination may be made from the floor for any office to be filled. Members so nominated from the floor must likewise give their consent.
SECTION 4. TERM OF OFFICE: The Offices of the President, President-Elect, Vice-President, Secretary, and Treasurer shall be for one (1) year. The Office of the Historian shall be for a two (2) year term. Each elected officer shall take office immediately at the close of the Annual Meeting and shall serve to the end of the term of office and until the successor to that office is qualified and duly elected.
SECTION 5. VACANCIES -- REMOVAL: Except as otherwise provided in these Bylaws, vacancies in any elective office may be filled for the remainder of the term by the Executive Council at any regular or special meeting of the Executive Council. The Executive Council, at its discretion, by a two-thirds (2/3) vote of all its Members may remove any officer from office for just cause. Additionally, two-thirds (2/3) of the Voting Membership at the Annual or Special Meeting may remove any officer from office for just cause.
ARTICLE IV - DUTIES OF OFFICERS AND COUNCIL
SECTION 1. PRESIDENT: The President shall serve as Chairperson of the Executive Council and, unless otherwise herein specified, shall make all required appointments of standing and special committees with the approval of the Executive Council and may also serve as an ex-officio Member, with the right to vote, on all such committees. The President shall appoint representatives to such committees and councils as requested by the Texas Medical Association or other organiza-tions and as the Executive Council may deem necessary and appropriate. At the Annual Meeting of the TSPS or at such other times as deemed proper, the President shall communicate to the Members such matters and make such suggestions as may be necessary in the interest and business of the TSPS. The President shall maintain correct knowledge of business and affairs related to plastic surgery.
SECTION 2. PRESIDENT-ELECT: The President-Elect shall be the Program Chairperson for the Annual Meeting and shall be the Secretary of the Section of Plastic, Reconstructive, and Maxillofacial Surgery of the TMA. The President-Elect shall serve as Alternate Representative to the Council of State Societies of Plastic Surgeons. In the absence or inability of the President to act, or at the request of the President, the President-Elect shall perform all the duties of the President. The President-Elect shall succeed to the office of the President in the event the office becomes vacant for any reason before the end of the term.
SECTION 3. VICE-PRESIDENT: The Vice-President, with the exception of the Nominating Committee, shall coordinate all Committee activities and shall serve as an ex-officio voting member of each Committee including Standing, Ad-hoc, and Special Committees. The Vice-President shall be chairperson of the Bylaws Committee.
SECTION 4. SECRETARY: The Secretary shall be responsible for all minutes and shall (a) maintain records, papers, books and other property belonging to the TSPS not otherwise provided for in the BYLAWS; (b) mail all notices to the Membership and carry out all orders, votes and resolutions not otherwise directed; keep a roster of the Members and such other data concerning the Members as may be needed to administer the TSPS; notify the Members of all proposed amendments to the Constitution or Bylaws and advise Members of their appointment to Committees. The Secretary shall perform such other duties as custom and parliamentary usage requires and at the end of the term of office shall deliver over to the successor all records, materials, books and other property belonging to the Society.
SECTION 5. TREASURER: The Treasurer shall be responsible for TSPS monies and funds and shall bill and collect all Members' dues, fees and assessments. The treasurer shall establish proper accounting procedures, and shall be responsible for the keeping of funds in banks, trust companies, and/or other investments as are approved by the Executive Council. The Treasurer shall perform such other duties as custom and parliamentary usage requires and, at the end of the term of office, shall deliver over to the successor all records, materials, books, moneys, and other property belonging to the TSPS. The Treasurer shall chair the Membership Committee.
SECTION 6. HISTORIAN: The Historian shall act as Archivist and collect information concerning the TSPS and its Members which may be of historical significance to the TSPS and shall maintain the archives which might otherwise be lost in the more voluminous records of the Secretary and Treasurer. The Historian shall annually forward copies of the minutes of the Annual Meeting, current membership roster, and other appropriate archives and related material to the Truman G. Blocker History Section of the Medical Library at the University of Texas Medical Branch in Galveston. The Historian shall also obtain appropriate obituaries of deceased members for inclusion in the program at the Annual Meeting of the TSPS. The Historian is elected to a one (1) year term.
SECTION 7. APPOINTED REPRESENTATIVES TO THE EXECUTIVE COUNCIL
A. PARLIAMENTARIAN: The Parliamentarian shall be appointed annually by the President and shall have the principal duty of advising the President and ruling on the questions of Parliamentary Law at the Annual Business Meeting. The Parliamentarian shall be and ex-officio non-voting Member of the Executive Council.
B. REPRESENTATIVE TO THE COUNCIL OF STATE SOCIETIES OF PLASTIC SURGEONS: The Repre-sentative to the Council of State Societies of Plastic Surgeons shall be appointed by the President for a two (2) year term and shall attend all meetings of the Council of State Societies of Plastic Surgeons in order to represent the interests and matters of the TSPS, and maintain sufficient records to prepare appropriate reports-and correspondence for the Members to keep them informed and aware of matters of usefulness-and importance to the Texas Society in national affairs of plastic surgery(s) and shall be an ex-officio non-voting member of the Executive Council. When these meetings cannot be attended-personally, the Representative shall be responsible for the timely notification of the President-Elect who, as the Alternate Representative, may arrange to attend.
C. TMA DELEGATE AND ALTERNATE DELEGATE: The TMA Delegate and Alternate Delegate are appointed by the President for a two (2) year term and shall represent the interests of the TSPS at the Meetings of the TMA House of Delegates, and shall report on it's activities to the TSPS Members. The Delegate shall also be the TMA
Interspecialty Society Committee Representative. The Delegate shall be an ex-officio non-voting member of the Executive Council.
SECTION 8. EXECUTIVE COUNCIL: The Executive Council shall consist of the President, President-Elect, Vice-President, Secretary, Treasurer, Historian and the Immediate Past President and shall serve as the governing body of the TSPS with the President as its Chairperson. The Parliamentarian, TMA Delegate, and Representative to the Council of State Societies of Plastic Surgeons shall be ex-officio non-voting members of the Executive Council. The Executive Coun-cil shall establish the place and time of the Annual Meeting, plan programs for the TSPS, receive nominations for member-ship, review and determine the validity of excuses from attendance at meetings, supervise expenditures of funds, and transact the business of the TSPS between Annual Meetings. The Executive Council shall act for the President and/or Pres-ident-Elect when one or both are unable to perform their duties due to illness, disability, absence from the country, change in Membership status or other causes (Article III, Section 5). The Executive Council shall also perform other duties as pro-vided in these Bylaws, including disciplinary action (Article VII).
All Elected and Appointed Officers, Representatives, and Committee Chairpersons shall prepare an annual report contain-ing activities and actions conducted by their office during their tenure, along with future recommendations, and shall sub-mit it to the membership at the Annual Meeting.
ARTICLE V - SPECIAL AND STANDING COMMITTEES
SECTION 1. COMMITTEES: Committees shall be appointed by the President, except as otherwise provided in the By-laws. Standing Committees shall be: Constitution and Bylaws Committee, Program Committee, Nominating Committee, Membership Committee, Public Information Committee, and Awards Committee, Young Plastic Surgeons Committee. Special Committees shall be appointed as the need arises and shall automatically be disbanded when their charge is com-pleted or if not renewed by Presidential appointment annually.
SECTION 2. CONSTITUTION AND BYLAWS COMMITTEE: The Constitution and Bylaws Committee shall consist of four (4) Members, three (3) appointed annually with the Vice-President as the Chairperson.
SECTION 3. PROGRAM COMMITTEE: The Program Committee shall consist of four (4) members, three (3) appointed annually with the President-Elect as the Chairperson. The Committee is charged with the planning and preparation of the Scientific and Social Programs of the Annual Meeting and for making such local arrangements as necessary.
SECTION 4. NOMINATING COMMITTEE: The Nominating Committee shall consist of the Past President, one (1) year removed, as Chairperson, and three (3) Active Members elected from the floor at the Annual Meeting. The Nominating Committee shall submit a slate of officers at least thirty (30) days prior to the Annual Meeting for submission to the Mem-bership for consideration at the Annual Meeting of the TSPS. Any individual so nominated must have given prior consent. If a Member of the Nominating Committee wishes to be nominated for a position as an Officer of the TSPS, he/she shall resign from the Nominating Committee and his/her position on the Committee shall be filled by appointment by the Presi-dent.
SECTION 5. MEMBERSHIP COMMITTEE: The Membership Committee shall consist of four (4) Members, three (3) Active Members of the Society appointed annually with the Secretary as Chairperson. The Membership Committee shall determine eligible applicants for membership, establish communication with the applicants, and request a curriculum vitae and three letters of recommendation from TSPS Active Members from each. In addition, applicants will provide evidence that they have completed training requirements to qualify for the American Board of Plastic Surgery. The Membership Committee shall review the information received and establish that the eligible applicants fulfill the requirements provided for in these Bylaws (Article I). After determining that the candidate is of good personal and professional character, that the applicant has been certified by the American Board of Plastic Surgery or its Canadian equivalent, and that the applicant's admission would serve the best interests of the TSPS, the Membership Committee shall propose these applicants for Active Membership. The Membership Committee shall formulate a list of qualified applicants for all membership categories so that it may be distributed to the Membership at least 30 days prior to the Annual Meeting for consideration for election as provided in Article I, Section 1 of these Bylaws.
SECTION 6. PUBLIC INFORMATION COMMITTEE: The Public Information Committee shall consist of eight (8) Members appointed for two (2) year terms by the President. The President will designate the Chairperson. Members may be reappointed as deemed appropriate by the President.
The purpose of this Committee shall be to develop, analyze, and coordinate public informational activities of the TSPS and its membership under the direction of the Executive Council. This may include marketing activities on behalf of the TSPS as well as the preparation of informational materials on new techniques, devices, or procedures. All informational items will be approved be the Executive Council prior to dissemination to the public. Members may be reappointed as deemed appropriate by the President.
SECTION 7. AWARDS COMMITTEE: The Awards Committee shall consist of four (4) members appointed annually with the chairperson designated by the President. The Awards Committee shall judge the quality of Resident papers at the Annual Scientific Meeting and shall determine the best Resident's paper to receive the Cronin Award. The Awards Commit-tee may recommend to the Executive Council awards for outstanding work in the printed and/or electronic media, for charitable endeavors stateside or abroad, or for other activities deemed appropriate for recognition. Members may be re-appointed as deemed appropriate by the President.
SECTION 8. PUBLIC POLICY COMMITTEE: The Public Policy Committee shall consist of four (4) appointed mem-bers with the Chairperson designated by the President, each to serve for two (2) years. The committee shall monitor legisla-tive, insurance, and media activity that may influence the practice of Plastic Surgery in Texas, and shall recommend ap-propriate actions for policy change to the Executive Council. Members may be reappointed as deemed appropriate by the President.
SECTION 9. YOUNG PLASTIC SURGEON COMMITTEE: The Young Plastic Surgeon Committee shall consist of a Steering Committee, the number of members serving on the Steering Committee to be determined by the President. Mem-bership on the Young Plastic Surgeons Committee will be defined as all Active or Candidate members who are 42 years old or less or are within the first eight (8) years of practice. The YPS Chair shall be self-elected by the steering committee and will serve a term of 2 years. There will be a YPS Vice Chair who shall be self-elected by the steering committee and will serve a two year term before ascending to Chair. The Executive Council will confirm the steering committee nominations for Chair and Vice Chair.
SECTION 10. TEXAS LEGENDS COMMITTEE:
The Texas Legends Steering Committee shall consist of a minimum of four (4) members who were Active in TSPS for a minimum of 10 years. Each member will serve a term of two (2) years. Each member shall serve two (2) years and the terms will be staggered. The Executive Council will appoint members to the Texas Legends Steering Committee.
Membership on the Legends of Texas Plastic Surgery will be eligible to Active or Retired members who are 65 years old or older. The TX Legends Chair shall be self-elected by the committee members and will serve a term of 2 years. The Execu-tive Council will confirm the committee nomination for Chair and the Chair will be a member of the Executive Council.
SECTION 11 . OTHER COMMITTEES: The President may appoint such other committees as deemed appropriate by the Executive Council with specific purposes, number of members, and length of service to be determined by the President.
SECTION 12. COMMITTEE MEMBERSHIP: The numbers quoted above for committee composition should be con-sidered a minimum number of members. The Executive Council and the President may increase committee size to ac-commodate increases in committee workloads or to increase Member representation. The absolute number of members of a committee may fluctuate from year to year, as needs change.
Moreover, the term of the two year appointments may be altered to a lesser or greater term in order to allow for staggering of the two year appointments, as the Executive Council deems appropriate. Likewise, the Executive Council may de-crease the size of committees, if warranted, below the number quoted, with exception of the Nominating Committee.
ARTICLE VI - DUES AND ASSESSMENTS
SECTION 1. ESTABLISHMENT OF DUES: Annual dues, registration fees, and assessments, including the time of pay-ment thereof, shall be established by the Executive Council and submitted for ratification by the Voting Membership at the Annual Meeting of the TSPS. The Executive Council shall review such schedules annually and recommend appropriate changes to the Membership for ratification of changes.
SECTION 2. PAYMENT OF DUES: The annual dues of Active, Candidate, and Associate Members are payable on the first working day of January. Fees, dues, and assessments may be waived at the discretion of the Executive Council in un-usual circumstances. Fees and dues may be suspended for Members disabled by prolonged illness, disability or as other-wise specified in these bylaws.
SECTION 3. GUESTS: Expenses for attendance of spouses and guests at social functions of the TSPS shall be paid by either the guest or the inviting TSPS member.
SECTION 4. ASSESSMENTS: Expenses of the Annual Meeting, including social functions, shall be paid from annual dues, assessments, and fees.
SECTION 5. PENALTY FOR NON-PAYMENT: Any Member of the TSPS who shall be delinquent in the payment of dues, fees, or assessments for a period of sixty (60) days after said amounts become due shall be notified in writing by cer-tified or registered mail of such delinquency by the Treasurer. If payment is not made within sixty (60) days after the mail-ing of such notice, the Treasurer shall notify the Executive Council. The Secretary shall notify the delinquent Member, by certified or registered mail, that he or she has been suspended from Membership in the TSPS.
After suspension the Member then shall be ineligible to vote, hold office, or to attend Annual Meetings, Special Meetings, or Business Meetings of the Society. When such delinquency continues for one (1) year from the date of the original as-sessment, the suspended Member shall be dropped from the Membership rolls and thereupon forfeit all rights and privileg-es of membership. If a former Member thus dropped from the Membership rolls shall become current in the payment of all dues, fees, and assessments within the same calendar year as the initial suspension, the Executive Council, in its discretion, may reinstate said former Member,. The Executive Council, at its discretion, may grant extensions or defer suspension of the delinquent Member in the event of unusual hardship.
SECTION 6. REFUNDS: No dues shall be refunded to any Member whose membership terminates for any reason except in the case of death or disability or unusual circumstances as determined by the Executive Council.
SECTION 7. GIFTS: The Society may accept gifts and use such gifts to pay its expenses and obligations. Such gifts will be treated for tax purposes based on the classification of the TSPS as a 501(c)(6) organization utilizing IRS Employer Number 74-2391073. Such gifts do not provide a tax deduction for the donor. The TSPS, however, may invest such gifts for the production of income and will not have to pay tax on the gifts or the revenue produced from it.
ARTICLE VII - DISCIPLINE
SECTION 1. GENERAL PRINCIPLES: A member may be censured, suspended, expelled, or otherwise disciplined by the TSPS for failure to comply with the obligations imposed by these Bylaws and the Code of Ethics, or for conduct detri-mental to the reputation and best interests of the TSPS or inconsistent with its purposes. Failure to obtain recertification by the American Board of Plastic Surgery, by those Diplomates with expiring (i.e. date-limited) Board certification shall consti-tute grounds for review and possible disciplinary action for a TSPS Member in any category except Life and Honorary Members.
SECTION 2. COMPLAINTS: Complaints raising disciplinary questions may be made by any Member of the TSPS and shall be submitted in writing to the Executive Council which will then conduct investigations into all alleged violation(s). Alternatively, the Executive Council may appoint an Investigative Committee to investigate and report its findings to the Executive Council. The Executive Council shall evaluate such findings and make recommendations to the President for action.
SECTION 3. HEARING: Any case which, in the opinion of the Executive Council is a violation of such gravity as to war-rant suspension or expulsion for the TSPS, shall entitle the affected Member to a hearing before a Judicial Council which shall be made up of the most immediate three (3) living Past Presidents of the TSPS who are not currently Members of the Executive Council. A written notice specifying the alleged violation shall be prepared by the TSPS Secretary and sent to the affected TSPS Member by Registered or Certified Mail not less than thirty (30) days prior to the hearing date. The notice shall state the time and place of the hearing that the Member may appear before the Judicial Council, in person, with or without legal counsel and/or other representatives as he/she may choose, and that he/she may present such evidence as deemed proper to show that disciplinary action should not be taken against him/her. The right to legal counsel or other representatives is a privilege, not a right of the Member. The Judicial Council reserves the right to remove any legal counsel or other representative(s) from the hearings, should that person, or persons, become disruptive or fail to honor and adhere to the Parliamentary Rules of Order.
SECTION 4. DECISION: If the Judicial Council determines that the Member has committed a violation and should be disciplined, it shall render to the President its decision and action shall be prepared by the President and sent by Registered or Certified Mail to the affected Member, together with a statement that the Member may request an appellate review by the assembled Voting Membership of the TSPS. The request must be received by the Secretary within thirty (30) days after receipt of the President’s letter by the affected member.
SECTION 5. APPEAL: In the event the affected Member requests an appellate review of the Judicial Council's decision within said thirty (30) days, the President shall schedule an appellate review at a special meeting of the TSPS or at the next Annual Meeting, whichever is deemed necessary according to time and urgency. However, in no case shall the hearing be delayed more than ninety (90) days unless a quorum of the Voting Membership cannot be obtained, in which case the affected member shall be notified in writing by Registered or Certified Mail of the scheduled time and place of the review at least thirty (30) days prior to the meeting so scheduled.
The review shall be conducted in a parliamentary fashion with the findings and recommendations of the Judicial Council being presented to the assembled Membership, verbally and/or as a written statement, by a spokesman for the Judicial Council. The affected Member and/or his/her legal counsel or other representatives shall be permitted to submit a written statement on the Member's behalf and to make an oral presentation before the Membership. The Chair of the Business Meeting may limit the presentations to a reasonable time length, especially if the speaker(s) are numerous or are filibuster-ing.
A quorum of the Membership shall establish by written ballot two principal determinations: (a) whether or not the affected Member committed a violation as charged and, if so, (b) whether the disciplinary action should be assessed as recom-mended by the Judicial Council or be altered and, if so, in what way. The decision by majority vote of the TSPS Member-ship present shall be final and binding on the affected Member. Attendance at such appellate review meetings of the TSPS shall be limited to the Voting Membership and such other individuals who have specific duties with regard to the hearing (e.g., the Society's and the affected Member's legal counsel and/or other similar representative(s).
SECTION 6. ELECTRONIC & FACIMILE TRANSMISSIONS
For purposes of determining when any notice require under these Bylaws is effective, a notice shall be considered delivered when it is transmitted by electronic means or facsimile to the address of the member appearing in the records of the Socie-ty. Actions provided for in these bylaws that are required to be ”in writing”, to be “written” or to have “written consent”, and actions providing for “written notice”, “written ballots”, “mailed ballots”, “written petitions” and similar actions, shall include any communication electronically transmitted or received by facsimile. Electronic signatures on the part of either the Society or the member shall be effective for any such notices, communications or actions.
ARTICLE VIII - AMENDMENTS AND RESOLUTIONS
SECTION 1. AMENDMENTS: These Bylaws may be amended or repealed by a two-thirds (2/3) vote of the Active and Life Members at the Annual Meeting of the TSPS called and regularly held with notice of such proposed changes having been sent in writing, or electronic communication to the Members thirty (30) days before such meeting or by an unanimous vote of all Members present. Amendments may be proposed by the Executive Council or any Active or Life Member. A copy of the proposed Amendment shall be filed in writing with the Executive Council, which shall study the proposal and submit it to the Membership with or without Executive Council recommendation.
SECTION 2. RESOLUTIONS: All Resolutions to be considered at the Annual Meeting shall be submitted in writing to the Secretary at least thirty (30) days prior to the Meeting. The Resolution shall then be sent in writing to the Executive Council for consideration. Sufficient copies shall be prepared for distribution to the Membership at the Annual Meeting with the Executive Council's recommendations for adoption, rejection, or amendment. No Resolution will be introduced from the floor and none will be acted upon unless it is considered an emergency by the Executive Council.
ARTICLE IX - INDEMNITY AND LIMITED LIABILITY FOR OFFICERS
The purpose of this provision is to provide Bylaws authority for indemnity of TSPS Officers, Executive Council, Chairper-son, and Members, Employees and other Agents in the event of actions against such persons arising out of their obligations as representatives of the TSPS.
The TSPS shall provide from the general revenue fund officer liability coverage on a continuing basis based upon market rates and availability. This Article does not apply to any proceeding against any trustee, investment manager, or fiduciary of an employment benefit plan in such person's capacity as such, even though such person may be considered an agent of the TSPS. Nothing in this article shall be construed to limit the authority of the TSPS to indemnify its Officers, Directors, and other agents as fully as permitted by statute and indemnity shall be authorized in accordance with such statutory au-thority.
Directors and officers of the TSPS are not liable to the TSPS or its members for monetary damage for an act or omission in the Trustee's capacity as a Trustee except in the following situations
1. An overt breach of a Trustee's duty of loyalty to the TSPS membership.
2. An act or admission not in good faith or that it involves intentional misconduct.
3. A transaction from which a Trustee received an improper benefit whether or not the benefit resulted from an ac-tion taken within the scope of the Trustee's office.
4. An act or admission for which the liability of the Trustee is expressly provided by statute.
Revised November 1998
ARTICLE X - TEXAS SOCIETY OF PLASTIC SURGEONS - CODE OF ETHICS
SECTION 1. PREAMBLE: Stated in the TSPS Constitution, the Texas Society of Plastic Surgeons was organized with the following purposes:
A. To benefit humanity by advancing the art and science of plastic and reconstructive surgery.
B. To promote the highest standards or professional skills and competence among plastic surgeons.
C. To promote the exchange of surgical, scientific, and socioeconomic information among plastic surgeons and oth-er physicians by discussions, meetings, publications, and electronic dissemination.
D. To promote the highest standards of personal and professional conduct among plastic surgeons.
E. To provide the public with information about the scientific progress in plastic and reconstructive surgery.
F. To function as a patient advocate in state and federal legislative policy matters.
G. To monitor medical/legal changes which impact the practice of plastic and reconstructive surgery at state and federal levels.
Membership in the TSPS is not the inalienable right of all surgeons who perform plastic surgery, but instead is a privilege granted by the Voting Membership of the TSPS to those individual surgeons who are engaged in the active practice of Plas-tic and Reconstructive Surgery in the State of Texas who are deemed scientifically competent practitioners of the art and science of plastic surgery. Since evidence of scientific competence is measured by successful completion of the examina-tions of the American Board of Plastic Surgery is required, it is appropriate that ethical competence also be insured by adoption of a uniform Code of Ethics applicable to Active Members as prerequisite for elected or continued membership in the TSPS.
The principles of conduct described herein are intended to aid both the individual plastic surgeon and all surgeons working in the field of plastic surgery in the State of Texas to maintain a high level of ethical conduct. These guidelines are not laws, by which the individual may judge himself/herself and/or be judged by his/her peers in the complex relationship that exists between doctor and patient, doctor and colleague, doctor and allied health professionals, and doctor and the general public. This Code provides general principles relating primarily to the practice of medicine and specific guidelines applying particularly to the practice of plastic surgery. It is intended that this Code of Ethics should parallel as closely as possible the Code of Ethics of the American Society of Plastic Surgeons (ASPS).
SECTION 1. GENERAL PRINCIPLES
A. The principal objective of the medical profession is to render service to humanity with full respect for human dig-nity. Physicians should merit the confidence of patients entrusted to their care, rendering to each a full measure of service and devotion.
B. Physicians should strive continually to improve medical knowledge and skill, and must make available to their patients and colleagues the benefits of their professional attainments. Physicians have an affirmative duty to dis-close new medical advances to patients and colleagues.
C. Physicians should practice a method of healing founded on a scientific basis, and should not voluntarily associate professionally with anyone who violates this principle.
D. The medical profession should safeguard the public and itself against Physicians deficient in moral character or professional competence. Physicians should observe all laws, uphold the dignity and honor of the profession and accept its self-imposed disciplines. They should expose, without hesitation, illegal or unethical conduct of fellow members of the profession.
E. Physicians may choose whom to serve. In emergency situations, however, physicians should render service to the best of their ability. Having undertaken the care of a patient, a physician may not neglect the patient, and until the patient has been discharged, a physician may discontinue services only after giving adequate notice.
F. Physicians should provide services under the terms and conditions which permit the free and complete exercise of sound medical judgment and skill. Nothing contained in this provision shall be construed to limit price competition among physicians.
G. In the practice of medicine, a Physician should receive professional income only for:
A. medical services actually rendered, or supervised by the physician
B. Sale of medically-related products approved by the physician.
C. Services provided by ancillary personnel known to and associated with the physician.
No physician shall pay nor receive a commission for referral of patients.
H. A Physician should seek consultation upon request, in doubtful or difficult cases, or whenever it appears that the quality of medical service may be enhanced thereby.
I. A Physician may not reveal a patient's confidence, or the deficiencies observed in the character of patients, unless required to do so by law, or unless it becomes necessary in order to protect the welfare of the individual, or of the community.
J. The honored ideals of the medical profession imply that the responsibilities of the Physician extend not only to the individual, but also to society. Activities, which have the purpose of improving both the health and well-being of the individual and the community, deserve the interest and participation of the physician.
K. To assist the public in obtaining medical services; physicians are permitted to make known their services through advertising. Advertising, however, entails the risk that the Physician may employ practices that are false, fraudu-lent, deceptive or misleading. Regulation is therefore, necessary and in the public interest. The Subsection II of the Specific Principles governing advertising permits public dissemination of truthful information about medical ser-vices, while prohibiting false, fraudulent, deceptive or misleading communications, and restricting direct solicita-tion.
SECTION 2. SPECIFIC PRINCIPLES:
I. Each Member may be subject to disciplinary action, including expulsion, if:
A. The Member's right to practice medicine is limited, suspended, or terminated in any state, province or country for violation of a medical practice act or other statute or governmental regulation or the Member is disciplined by any medical licensing authority.
B. The Member fails to inform TSPS that the member’s right to practice medicine has been limited, suspended, termi-nated, or otherwise affected in any state, province, or country for violation of a medical practice act, other statute or governmental regulation or, the member has been disciplined by any medical licensing authority.
C. The Member exhibits medical incompetence.
D. The Member is convicted of (or pleads guilty to) a felony or any crime relating to or arising out of the practice of medicine or involving moral turpitude.
E. The Member engages in sexual misconduct in the practice of medicine.
F. The Member is involved in improper financial dealings such as:
1. Dividing a fee for medical service with another person licensed to practice medicine who is not a partner or associate of his or hers unless
a. The patient consents to employment of other person licensed to practice medicine under a full disclosure that a division of fees will be made; and
b. A division is made in proportion to the services actually performed and responsibility as-signed to each; and
c. The total fee charged by all persons licensed to practice medicine is not increased solely by reason of provision for the division of fees.
2. Payment and/or acceptance of rebates or referral fees to any person, including agents and employees of the Member.
3. Charging exorbitant fees, particularly of non-contractual nature (i.e., emergency care). Fees are exorbi-tant when they are wholly disproportionate to the services rendered. The reasonableness of fees depends upon the novelty and difficulty of the procedures involved; the skill required to provide proper care; the time and labor required; the fee charged for similar services by similarly situated peers; and whether or not the patient had agreed in advance to the fee.
4. Except in instances of emergencies or urgent and life threatening disease or injury, nothing in this Princi-ple shall be construed to prohibit a Member from requiring prepayment of professional fees for an elec-tive surgical operation.
G. The Member, either on the Member's behalf or on behalf of a partner or associate or any physician or other affili-ated healthcare provider, uses or participates in the use of any form of communication (including computer imag-ing and electronic communications) containing a false, fraudulent, deceptive, or misleading statement or claim, including a statement or claim which:
1. Contains a misrepresentation of fact, or omits to state any material fact necessary to make the state-ment, considered as a whole, not deceptive or misleading.
2. Contains photographs, images or facsimiles thereof which falsely or deceptively portray a physical or medical condition, injury, disease, including obesity, or recovery or relief there from.
3. Contains photographs, images, r facsimiles of persons who have received the services advertised, but who have experienced results that are not typical of the results obtained by the average patient, without clearly and noticeably disclosing that fact.
4. Contains photographs, images, or facsimiles of persons before and after receiving services, which use different light, poses, or photographic techniques to misrepresent the results achieved by the individual.
5. Contains a testimonial pertaining to the quality and efficacy of medical care if the experience of the endorser does not represent the typical experience of other patients or if, due to the infrequency and/or complexity of such care, results in other cases cannot be predicted with any degree accuracy.
6. Is intended or is likely to create false or unjustified expectations of favorable results.
7. Contains a representation or statement of opinion as to the superior quality of professional services which is not susceptible to verification by the public or contains a statement representing that the Mem-ber possesses the skills or provides services superior to those of other physicians with similar training un-less such representation can be factually substantiated.
8. Appeals primarily to a layperson's fears, anxieties, or emotional vulnerabilities.
9. Contains, in reference to any matter material to a patient's decision to utilize a Member's services, a rep-resentation of fact or implication that is likely to cause an ordinary prudent person to misunderstand or be deceived, or fails to contain reasonable warning or disclosures necessary to make a representation or implication not deceptive.
10. Contains a prediction of future success or guarantees the satisfaction or a cure will result from the per-formance of the Member's service.
11. States or implies that a Member is a board certified specialist unless the Member is certified by a board recognized by the American Board of Medical Specialties.
12. Concerns illegal transactions.
13. Is not identified as a paid advertisement or solicitation unless it is apparent from the context that it is a paid announcement or advertisement.
14. Relates to professional fees other than:
a. A statement of the fixed fee charged for a specific professional service, provided that the de-scription of such service would not be misunderstood or be deceptive and that the statement in-dicates whether additional fees may be incurred for related professional services which may be required in individual cases, and
b. A statement of the range of fees for specifically described professional services, provided that there is reasonable disclosure of relevant variables and considerations affecting fees so that the statement would not be misunderstood or be deceptive, including, without limitation an indica-tion whether additional fees may be incurred for related professional services which may be re-quired in individual cases.
15. Is intended or is likely to attract patients by use of puffery or exaggerated claims.
H. The Member practices or advertises under a trade name which is false, fraudulent, deceptive or misleading.
I. The Member performs an unjustified surgical operation or a surgical operation that is not calculated to improve or benefit the patient.
J. The Member exhibits unprofessional conduct as defined in the General or Specific Principles of this Code.
K. The Member performs a surgical operation or operations (except on patients whose chances of recovery would be prejudiced by removal to another hospital) under circumstances in which the responsibility for diagnosis or care of the patient is delegated to another who is not qualified to undertake it.
L. The Member participates in a charity raffle, fund raising event, contest or other promotion in which the prize is any procedure or gift certificate or other document redeemable for all or part of the cost of a procedure. Nothing in this Section 1(K) shall prohibit a Member from offering discounted fees to patients participating in a charity raffle, fundraising event, contest or other promotion in which the prize is a gift certificate or other document redeem able for health care products or for an in-office consultation. The Member seeks or obtains a patent for any invention or discovery of a method or process for performing a surgical procedure, except if the method or process is performed by or as a necessary component of a machine or composition of matter of improvement thereof which is itself patentable subject matter.
M. The member exhibits unprofessional conduct as defined in the General or Specific Principles of this Code.
A. Subject to the limitations of Section 2, I, F a Member may advertise through public communications media such as professional announcements, telephone and medical directories, computer bulletin boards, Internet web pages and broadcast and electronic media. The following are examples of the types of useful information that could be included in ethical advertising. The list is illustrative and should not be interpreted as excluding other relevant information consistent with the ethical guidelines established herein.
1. A statement of regular, E-mail, or website addresses, and telephone numbers of the Member's offices.
2. A statement of office hours regularly maintained by the Member.
3. A statement of language, other than English, fluently spoken by the physician or a person in the physician's office.
4. A statement as to specialty board certification or a statement that the physician's practice is lim-ited to specific fields.
5. A statement that the Member provides services under specified private or public insurance plans or healthcare plans.
6. A statement of names of schools and postgraduate clinical training programs from which the Member has graduated together with the degrees received.
7. A listing of the Member's publications in educational journals.
8. A statement of teaching positions currently or formerly held by the Member together with perti-nent dates.
9. A statement of the Member's affiliation with hospitals or clinics.
10. A statement that the Member regularly accepts installment payments of fees and/or credit cards.
B. A Member shall not compensate or give anything of value directly or indirectly to a representative of the press, radio, or television or other communication medium in anticipation or return of recommending the Member's services or for professional publicity. A Member may pay the reasonable cost of advertising permitted by this Code. A member shall approve all advertisements before dissemination or transmis-sion and shall retain a copy or record of an advertisement in its entirety shall be kept for one year after its dissemination.. A Member shall be held personally responsible for any violation of the Code of Ethics by a public relations, advertising or similar firm which he or she retains.
C. A member may use photographs of models in his or her advertisements. If photographs of models who have not received the services advertised are displayed in a manner that would suggest the model re-ceived the services advertised, the advertisement shall clearly and noticeable state that the model has not received the advertised services.
D. A Member presenting a scientific paper at a TSPS function shall reveal if he/she has a financial interest in
the product, medical device, or instrumentation contained in the presentation.
A. Solicitation means in-person communication to specific individuals to attract them as patients.
B. A Member shall refrain from engaging in systematic verbal solicitation of patients in person, by tele-phone, or through agents.
C. A Member shall not initiate contact with a prospective patient knowing that the physical, emotional or mental state or degree of education of the person solicited is such that the person could not ex-ercise reasonable judgment in employing a plastic surgeon.
D. A Member who has given unsolicited, in-person advice to a layperson that the individual should have medical or health care shall not accept employment resulting from that advice if:
1. The advice embodies or implies a statement or claim that is false, fraudulent, deceptive or mis-leading within the meaning of Section 2, I, F.
2. The advice involves the use by the Member of undue influence, coercion, duress, harassment, intimidation, unwarranted promises of benefits, over-persuasion, overreaching, or pressure for immediate response.
3. The Member has been given notice that the individual non-patient does not want to receive communication from the Member.
E. Members shall not coerce, harass, intimidate, or pressure potential patients.
IV. Expert Testimony:
It is in the public interest that medical expert testimony be readily available, objective and unbiased. Members have an obligation to testify as expert witnesses when appropriate. However, Members whose testimony, includ-ing testimony as to credentials or qualifications, is false, deceptive, or misleading may be subject to disciplinary action, including expulsion. Further to help limit possibly misleading testimony, members serving as expert wit-nesses must:
1. Have recent and substantive experience in the area in which they testify, in-cluding without limitation, experience in the relevant subspecialty or the par-ticular procedure performed on the plantiff;
2. Thoroughly review the medical facts and testify to their content fairly, honest-ly and impartially,
3. Be familiar with the standards of practice prevailing at the time of the occur-rence,
4. Provide evidence-based testimony regarding the standard of care, citing peer-reviewed plastic surgery literature where possible and identifying personal op-tions as such;
5. Demonstrate, (or be prepared to demonstrate) a causal relationship between an alleged substandard practice and a medical outcome;
6. Neither condemn performance that clearly falls within generally accepted practice standards nor endorse or condone performance that clearly falls out-side of such standards of care;
7. Not testify that a maloccurance is malpractice
V. Conflicts of Interest:
A physician's clinical judgment and practice must not be affected by economic interest in, commitment to, or benefit from professionally-related commercial enterprises or other actual or potential conflicts of interest. Disclosure of professionally-related commercial interests and any other interests that may influence clinical decision-making is required in communica-tions to patients, the public and colleagues. When a physician's interest conflicts so greatly with the patient's interest as to be incompatible, the physician should make alternative arrangements for the care of the patient.
In the context of physician ownership interest in a commercial venture, the physician has an obligation to disclose the ownership interest to the patient or referring colleagues prior to utilization; the physician's activities must be in strict con-formance with the law; and the patient should have free choice to use the physician's facility or therapy or to seek the needed services elsewhere.
Any Member charged with a violation of any ethical standard set forth herein may be subject to disciplinary measures, including censure, suspension, or expulsion, as described in Article VII of the TSPS Bylaws.
For purposes of this Code and unless the context otherwise requires,
A. “Material fact” is one of which a member of the public ought to reasonably be informed of before selecting a qualified plastic surgeon.
B. “Private communication” includes any information, written or otherwise, that is disseminated by a physician and not made known to the general public.
C. “Procedure” includes any medical service that requires a primary consultation on the part of a physician and an informed consent on the part of a patient.
D. “Public communication” includes any information transmitted orally, in writing, or through electronic media, the primary purpose of which is to notify the public, including a segment thereof, or a person, of the availability of a member or any other healthcare provider affiliated with a member of his organization, to practice medicine.
E. “Public communications media” includes, but is not limited to, television, radio, motion picture, computer bulletin boards, Internet web pages, telephone, telegram, letter, handbill. Circular, newspaper, magazine, book, list, directo-ry, business card, professional announcement card, office sign, letterhead, telephone directory listing or profes-sional notice.
F. “Recent and substantive experience” means that the member is familiar with the practice of plastic surgery and the particular procedure performed at the time of the occurrence that is the subject of legal action and was en-gaged in the practice of plastic surgery for a period of not less than three years prior to the date of the occurrence.
G. “Solicitation” is an in-person communication to a specific individual to attract him or her as a patient.