European Society for Lasers and Energy Based Devices

Bylaws

ESLD – European Society for Lasers and Energy Based Devices

The society is based in 34, Rue Fortuny 75017 Paris (France).

MEMBERSHIP

Classes of Members

The membership of the Society shall include the following 4 classes of members: Ordinary Members, Associate Members, Industry Members, and Honorary Members.

Eligibility, Rights and Obligations

The eligibility requirements for, and the rights and obligations of, the members of each class of membership shall be as follows:

  1. Ordinary Member. Any Board certified physician in Dermatology, in good standing by his/her national society, shall be eligible to become an Ordinary Member of ESLD. To become an Ordinary Member of ESLD, the physician must provide the Board with two endorsement letters from ESLD Ordinary Members. Ordinary Members shall have full membership rights as recognized under customary parliamentary practice, including, but not by way of limitation, the rights to attend membership meetings, to participate in discussion, to vote, to be candidate for elective office, and to accept appointment to committees, councils and commissions. They have full access to the web site. They shall be obligated to pay all dues and assessments imposed on Members by the Society and to observe all bylaws and administrative regulations of the Society.
  2. Associate Member. Any physician in good standing who belongs 1) to a laser national society 2) to a dermatological national society 3) as a customer or R& D person to a laser company shall be eligible to be an Associate Member. This membership is only done through one of the condition cited above and not on an individual basis. Associate members shall have limited rights. They can attend memberships meetings, participate to discussion but they shall not have the right to vote, to serve in any elective office, or otherwise to participate in the governance of the Society. They shall be obligated to observe all bylaws and administrative regulations of the Society. They have a limited access to the web site. Their national society or laser company shall be obligated to pay all dues and assessments imposed on Associate Members by the Society.
  3. Industry Member. Any company related to the treatment of cutaneous conditions with light and or radiofrequency shall be eligible to be an Industry Member. Industry Members have a special 2 year renewable contract with the Society. Industry Members shall have the right to attend membership meetings and participate to discussion but they shall not have the right to vote, to serve in any elective office, or otherwise to participate in the governance of the Society. They shall have a special access to the website in collaboration with the web master.
  4. Honorary Member. Any distinguished person shall be eligible to be an Honorary Member. Any Honorary member who was a member of the Society in another category immediately prior to the election to Honorary Membership shall continue to have all the membership rights of the prior membership category. Any Honorary Member who was not a member of the Society immediately prior to election to Honorary Membership shall have the right to attend membership meetings of the Society and to participate in discussion at such meetings and to serve on committees, councils, and commissions shall have the right to vote, shall be eligible to serve in any elective office and, in general, shall have all other membership rights. Honorary Members shall not be obligated to pay any membership dues or assessments, but they shall be obligated to observe all bylaws and administrative regulations of the Society.

ELECTION TO MEMBERSHIP AND DISCIPLINARY ACTIONS

Applications or Nominations

Applications or nominations for admission to the various classes of membership shall be submitted as follows:

  1. For Ordinary Member. Each applicant shall complete and submit an official application form, endorsed by two (2) Members, at least one (1) of whom shall be a resident of the applicant’s city, state or province, or in exceptional cases, of a neighbouring state or province. Each applicant for Corresponding Member status shall complete and submit an official application form endorsed by two (2) Members who know the applicant. Each applicant for Fellows status shall complete and submit an official application form, endorsed by two (2) Members who know the applicant, one of whom must be the Director of the applicant’s residency/training program or the chairman of the division/department in which the applicant is training or participating in a post-graduate research or fellowship program. Application forms shall be submitted to the Secretary-Treasurer at least thirty (30) days before the next annual meeting of the Society and shall be accompanied by an application fee determined by the Board of Directors and by an additional amount equal to the then current annual dues for Membership , which additional amount shall be applied to dues for the first year or membership if membership is granted and shall be refunded in full if membership is denied; provided, however, that no application fee or initial dues payments shall be required to accompany an application for Fellow Member status.
  2. Nominations for Honorary Members. Nominations for Honorary Membership may be submitted by any Member of the Society. They shall be submitted to the Secretary-Treasurer on official nomination forms at least thirty (30) days before the next annual meeting of the Society. No fee shall be required for the processing of an application for Honorary Membership.

Review and Evaluation

  1. All properly filed applications for membership as Ordinary Member, Corresponding Member, Fellow or Life Member must be reviewed and evaluated by the Membership Committee. The recommendations of the Membership Committee regarding all such pending applications for the membership must be delivered to the Board of Directors prior to the next annual membership meeting of the Society.
  2. All properly filled nominations for Honorary Membership must be reviewed and evaluated by the Board of Directors in accordance with the procedure set forth by the administrative regulations of the Society.

Election by Board of Directors

  1. The recommendations of the Membership Committee regarding membership applications must be considered by the Board of Directors in accordance with the procedure set forth by the administrative regulations of the Society. The Board of Directors shall act at its annual meeting on all properly filed applications, and applications may be acted upon individually or in groups. A majority vote shall be necessary for election to any class of membership.
  2. All procedures for the elections of Honorary Members shall be set forth in the administrative regulations of the Society. A two-third vote of the Board of Directors shall be necessary for election to Honorary Membership.

Application for Reinstatement

Any former member any apply for reinstatement through the regular application procedure.

Appeal from Denial of Membership

If membership is denied to an applicant, or if membership is granted in a class other than the class applied for, the applicant may appeal the decision of the Board of Directors in the following manner (except that nominees for Honorary Membership who shall not be elected may not appeal the decision of the Board of Directors):

  • The applicant shall, upon written request to the Secretary-Treasurer, be provided with a written statement of the reason(s) for action of the Board of Directors.
  • Within fifteen (15) days of receipt of the statement of the reason(s) for the action of the Board, the applicant may request a hearing before the Membership Committee. In special circumstances the Membership Committee may extend the period during which an applicant may request a hearing before said Committee, and administrative regulations of the Society shall set forth guidelines and restrictions regarding such extension. The Membership Committee shall then schedule such a hearing to be held no less than fifteen (15) days nor more than six (6) months after receipt of the applicant’s request. The applicant shall be notified of the time and place of the hearing at least fifteen (15) days prior thereto, by registered mail addressed to the applicant at his or her known address.
  • The hearing before the Membership Committee shall be conducted in accordance with procedures established in the administrative regulations of the Society, and the applicant shall have an opportunity to present oral arguments and written statements in support of the application.
  • Within thirty (30) days after the hearing, the Membership Committee shall submit a written recommendation regarding the application to the Board of Directors and a copy of the recommendation shall be delivered to the applicant. The Board of Directors shall at its next meeting consider the recommendations of the Membership Committee. Notice of that meeting of the Board shall be delivered to the applicant not less than fifteen (15) days prior to the meeting and the applicant shall be afforded a reasonable opportunity to participate in discussion of the application. The Board of Directors shall act on the application, and majority vote shall be required to grant membership. The action of the Board of Directors in disposing of an appeal shall be final.

Reapplication

If an applicant for any class of membership (other than a nominee for Honorary Membership) is denied membership in accordance with the procedures established in these bylaws and in the administrative regulations of the Society, the applicant may not submit another application for the same class of membership less than two (2) years after the date of the rejected application.

Disciplinary Action

Because each member is expected to act as a representative of the European Society for Lasers and Energy Based Devices in his or her contacts with patients, peers and the general public, each member may be subject to disciplinary action upon any of these conditions.

  • He or she is convicted of a felony of any crime relating to or arising out of the practice of medicine, or involving moral turpitude
  • He or she becomes subject to any limitation or termination of any right associated with the practice of medicine in any country or province including the imposition of any requirement for surveillance, supervision or review, by reasons of violation of a medical practice act or other statute or governmental regulation, disciplinary action by any medical licensing authority, entry into a consent order, or voluntary surrender of license
  • He or she exhibits medical incompetence
  • He or she is involved in improper financial dealings such as fee splitting
  • He or she has been adjudged by a national board of medical examiners or other governmental agency to have engaged in false, fraudulent, deceptive, misleading or harmful advertising
  • He or she exhibits grossly immoral or unprofessional conduct
  • He or she falsely represents that he or she is the only physician capable of performing certain laser assisted procedures
  • He or she fails or refuses to cooperate reasonably with the Society’s investigation of a disciplinary matter.

Disciplinary Procedure

No disciplinary action may be taken against any member of the Society until proper notice and a fair hearing as set forth in the administrative regulations of the Society is provided.

PRINCIPLES OF PROFESSIONAL CONDUCT

The following principles of Professional Conduct have been adopted by the European Society for Lasers and Energy Based Devices. General principles are not laws capable of rigid application, but standards of honourable behaviour by which each member of the Society may evaluate his or her relationship with patients and colleagues.

GENERAL PRINCIPLES

  • Physicians should be dedicated to provide medically competent service with compassion and respect for human dignity
  • Physicians should respect the rights of their patients and should, within the constraints of the law, safeguard the confidentially of the physician/patient relationship
  • Physicians should provide their patients a reasonable explanation of the etiology, treatment options and related possible results, complications and side effects, and prognosis of their disease.
  • Physicians should uphold the honour of the profession by dealing honestly with their colleagues; physicians should recognize the responsibility and necessity for communication and mutual respect among physicians in the academic community and physicians in private practice.
  • Physicians should continue to study, apply, and advance scientific knowledge and should make useful information available to their colleagues and to the public.
  • Physicians should practice a method of healing founded upon a scientific basis.
  • Physicians may choose whom they will serve. In an emergency, however, physicians should render service to the best of their ability. Having undertaken the patient, a physician may not neglect the patient unless the physician has been discharged and may discontinue medical service only after giving adequate notice to the patient.
  • In the practice of medicine, physicians should limit the source of their professional income to services actually rendered by them, or to their patients under their supervision when they are personally and identifiably responsible for service. Physicians’ fee should be commensurate with service rendered, and physicians should neither pay nor receive commission for the referral of patients.
  • Physicians should not dispense or supply drugs, remedies or appliances unless it is the best interest of their patients. Physicians should not supply or dispense to their patients products which have no beneficial effect.
  • Physicians should seek consultation upon request, in doubtful or difficult cases, or whenever it appears that the quality of the medical service may be enhanced thereby.
  • Physicians responsibility extends to community and society, and appropriate publicity regarding physicians. Physicians participation in community and civic affaires enhances the stature of the profession.
  • Physicians should provide the general public information necessary or helpful to select a qualified physician. Physicians should not engage in advertising which is false, fraudulent, deceptive or misleading.

SPECIFIC PRINCIPLES

In accordance with the Society aim of providing transparent, unbiased information all Members should agree to state their possible financial interest in equipment, process or product presentation at the end of any oral or written scientific communication indicating one of the following categories.

CATEGORY ABBREVIATION SPECIFIC FINANCIAL INTERESTS

  • Product P Financial interest in equipment, process or product presented
  • Pc Such interest in potentially competing equipment, process or product
  • Investor I Financial interest in a company or companies supplying the equipment, process or product
  • Ic Such interest in a potential competing company
  • Consultant C Compensation received within the past three years for consulting services regarding the equipment, process or product presented
  • Cc Such compensation received for consulting services regarding potentially competing equipment, process or product

EXAMPLES OF COMPENSATION

C1 or Cc1 1. Retainer
C2 or Cc2 2. Contract payments for research performed
C3 or Cc3 3. Ad hoc consulting fees
C4 or Cc4 4. Substantial non-monetary perquisite
C5 or Cc5 5. Contribution to research or research funds C6 or Cc6 6. Contribution to travel funds
C7 or Cc7 7. Reimbursement of travel expenses for presentation at meetings or courses C8 or Cc8 8. Reimbursement of travel expenses for periods of direct consultation
None N No financial interest. May be stated when such interests might be falsely suspected

Amendment to bylaws

Organs of the Society

The organs of the Society shall be:

  1. the Board of Directors,
  2. the General Meeting

Board of Directors

  1. The Society’s Board of Directors shall be composed of:
    • the current President,
    • the Vice-President,
    • the General Secretary,
    • the Treasurer.
    • Only ordinary members may be appointed members of the Board of Directors.
  2. The Board of Directors shall be in charge of managing the Society. It shall be responsible for all business not assigned to another organ under these By-Laws.
  3. The Society shall be represented in court and out of court in all matters related to the Society by a member of the Board of Directors.
  4. The Board of Directors shall be elected by the General Meeting. Re-election for the same executive office shall be possible one time. The term of office shall be three years.
  5. The office of a member of the Board of Directors shall be deemed terminated with the retirement of such member from the Society. If a member retires before the end of term of his or her office, the functions associated with such office shall be exercised temporarily by another member of the Board of Directors, however no longer than for the remainder of the term of office of the retired member.
  6. Each member of the Board of Directors may hold a maximum of one additional executive office, however no longer than until the end of term of the retired member of the Board of Directors.
  7. The Board of Directors shall make its decisions as a rule in meetings by ordinary resolution. Unless any member of the Board of Directors objects resolutions may also be passed by written circular procedure (e.g. by e-mail, etc.) or by way of a conference call. All resolutions passed by the Board of Directors shall be recorded in minutes. The minutes shall be drawn up by a member of the Board of Directors or a representative from the secretarial office.

General Meeting

  1. A General Meeting shall be called:
    1. if required by the interest of the Society;
    2. b.at least once every year,;
    3. within six months of the date of retirement of a member of the Board of Directors;
    4. if a convocation is requested by at least one third of all members stating the purpose and reasons thereof. The meeting shall be chaired by the President of the Society, in case of the latter’s incapability by his or her deputy or a chairperson of the meeting.
  2. The Board of Directors shall submit to the General Meeting an annual report and the annual accounts; the General Meeting shall pass a resolution as to the release of the Board of Directors.
  3. The General Meeting of members shall be called by the Board of Directors by written convocation (email accepted) with a four weeks’ notice. The convocation shall be accompanied by an agenda. The notice period shall commence as of the date of mailing the convocation to the last known address of the member. Each member may submit a written request for adding additional items to the agenda to the Board of Directors until no later than six weeks prior to the date of the General Meeting of members. The chairperson of the meeting shall then complement the agenda accordingly at the beginning of the meeting. Any requests for additions to the agenda submitted as late as during the General Meeting of members shall be decided by the General Meeting of members.
  4. The General Meeting shall have the following irrevocable functions:
    1. to approve the annual accounts;
    2. to release the Board of Directors;
    3. to elect the Board of Directors;
    4. to elect the Advisory Council;
    5. to make any amendments to these by-laws;
    6. to determine the membership fees;
    7. to pass resolutions on motions submitted by the Board of Directors and members;
    8. to deal with appeals of declined applicants;
    9. to dissolve the Society.
  5. Each General Meeting called in due form shall be deemed to constitute a quorum.
  6. For passing resolutions on amendments to these By-Laws, the attendance of at least two members of the Board of Directors and two Ordinary Members of the Society shall be required. If the General Meeting of members has no quorum a further General Meeting of members with the same agenda shall be called within 28 days of the date of the first meeting. This further meeting shall be held no earlier than two months prior and no later than six months after the date of the first meeting. The new meeting shall be deemed to constitute a quorum regardless of the number of members in attendance. The convocation of that meeting shall contain a reference to the ease of requirements as to quorum.
  7. The vote shall be by show of hands. Upon the request of at least three attending ordinary members, the vote shall be by written and secret ballot. Resolutions shall be passed with a majority of all votes cast. Any abstentions of the attending ordinary members shall be deemed to be votes not cast. In the event of a tie of votes the motion concerned shall be deemed to be dismissed. Resolutions on amendments to these By-Laws must be made with a majority of the attending votes. The resolution to dissolve the Society must be made with the consent of at least three quarters of all attending votes.
  8. All resolutions passed in the meeting shall be recorded in minutes. The minutes shall be signed by the chairperson of the meeting and the recording secretary. If more than one chairperson has been acting the last chairperson of the meeting shall sign the entire minutes. Each member shall be entitled to review the minutes.
  9. Electronic recording as a means to draw up the minutes shall be expressly permitted.

Paris, February 1, 2014