american dental association by-laws 2008

American Dental Association

Constitution

And

Bylaws

Revised to January 1, 2008

Contents

Constitution of American Dental Association.......................................... 3

Amendments, Article VIII ............................................................ 5

Annual Session, Article VI ........................................................... 4

Government, Article IV................................................................ 4

Name, Article I ............................................................................ 3

Object, Article II .......................................................................... 3

Officers, Article V........................................................................ 4

Organization, Article III ............................................................... 3

Principles of Ethics and Code of Professional

Conduct, Article VII................................................................... 5

Bylaws of American Dental Association................................................. 6

Alliance of the American Dental Association,

Chapter XVIII ...........................................................................77

Amendments, Chapter XXI .........................................................78

American Dental Association Foundation,

Chapter XIII..............................................................................68

Appointive Officer, Chapter IX ...................................................49

Board of Trustees, Chapter VII....................................................37

Commissions, Chapter XIV.........................................................69

Component Societies, Chapter III ................................................23

Conflict of Interest, Chapter VI ...................................................36

Constituent Societies, Chapter II .................................................18

Construction, Chapter XX ...........................................................78

Councils, Chapter X ....................................................................50

Elective Officers, Chapter VIII....................................................45

Finances, Chapter XVII...............................................................76

House of Delegates, Chapter V....................................................26

Indemnification, Chapter XIX .....................................................77

Membership, Chapter I................................................................. 6

Principles of Ethics and Code of Professional Conduct and

Judicial Procedure, Chapter XII ………………….……… ……63

Publications, Chapter XVI...........................................................75

Scientific Session, Chapter XV....................................................75

Special Committees, Chapter XI..................................................63

Trustee Districts, Chapter IV .......................................................24

Articles of Incorporation of American Dental Association……..……….79

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Constitution

• • • • • • • • • • • • • • • • • • • • • • • • • •

ARTICLE I • NAME

The name of this organization shall be the American 1 Dental Association, hereinafter referred to as “the 2 Association” or “this Association.” 3

ARTICLE II • OBJECT

The object of this Association shall be to encourage 4 the improvement of the health of the public and to 5 promote the art and science of dentistry. 6

ARTICLE III • ORGANIZATION

Section 10. INCORPORATION: This Association is 7 a non-profit corporation organized under the laws of 8 the State of Illinois. If this corporation shall be 9 dissolved at any time, no part of its funds or property 10 shall be distributed to, or among, its members but, 11 after payment of all indebtedness of the corporation, 12 its surplus funds and properties shall be used for 13 dental education and dental research in such manner 14 as the then governing body of the Association may 15 determine. 16

Section 20. HEADQUARTERS OFFICE: The 17 registered office of this Association shall be known 18 as the Headquarters Office and shall be located in the 19 City of Chicago, County of Cook, 20 State of Illinois. 21

Section 30. BRANCH OFFICES: Branch offices of 22 this Association may be established in any city of the 23 United States by a majority vote of the House of 24 Delegates. 25

Section 40. MEMBERSHIP: The membership of this 26 Association shall consist of dentists and other 27 persons whose qualifications and classifications shall 28 be as established in Chapter I of the Bylaws. 29

Section 50. CONSTITUENT SOCIETIES: 30 Constituent societies of this Association shall be 31 those dental societies or dental associations chartered 32 as such in conformity with Chapter II of 33 the Bylaws. 34

Constitution 3

Bylaws 7

Section 60. COMPONENT SOCIETIES: Component 35 societies of this Association shall be those dental 36 societies or dental associations organized as such in 37 conformity with Chapter III of the Bylaws of this 38 Association and in conformity with the bylaws of 39 their respective constituent societies. 40

Section 70. TRUSTEE DISTRICTS: The constituent 41 societies of the Association and the federal dental 42 services shall be grouped into seventeen (17) trustee 43 districts, as provided in Chapter IV of the Bylaws. 44

ARTICLE IV • GOVERNMENT

Section 10. LEGISLATIVE BODY: The legislative 45 and governing body of this Association shall be a 46 House of Delegates which may be referred to as “the 47 House” or “this House,” as provided in Chapter V of 48 the Bylaws. 49

Section 20. ADMINISTRATIVE BODY: The 50 administrative body of this Association shall be a 51 Board of Trustees, which may be referred to as “the 52 Board” or “this Board” as provided in Chapter VII of 53 the Bylaws. 54

ARTICLE V • OFFICERS

Section 10. ELECTIVE OFFICERS: The elective 55 officers of this Association shall be a President, a 56 President-elect, a First Vice President, a Second Vice 57 President, a Treasurer and a Speaker of the House of 58 Delegates, each of whom shall be elected by the 59 House of Delegates as provided in Chapter VIII of 60 the Bylaws. 61

Section 20. APPOINTIVE OFFICER: The 62 appointive officer of this Association shall be an 63 Executive Director who shall be appointed by the 64 Board of Trustees as provided in Chapter IX of the 65 Bylaws. 66

ARTICLE VI • ANNUAL SESSION

The annual session of this Association shall be 67 conducted in accordance with Chapters V and XV of 68 the Bylaws. 69

ARTICLE VII • PRINCIPLES OF ETHICS AND CODE OF PROFESSIONAL CONDUCT

The Principles of Ethics and Code of Professional 70 Conduct of this Association and the codes of ethics 71 of the constituent and component societies which are 72 not in conflict with the Principles of Ethics and Code 73

4 Constitution

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of Professional Conduct of this Association, shall 74 govern the professional conduct of all members. 75

ARTICLE VIII • AMENDMENTS

This Constitution may be amended by a two-thirds 76 (2/3) affirmative vote of the delegates present and 77 voting, provided that the proposed amendments have 78 been presented in writing at any previous session of 79 the House of Delegates. 80 This Constitution may also be amended at any 81

session of the House of Delegates by a unanimous 82 vote, provided the proposed amendments have been 83 presented in writing at a previous meeting of such 84 session.85

Constitution 5

Bylaws 6

Bylaws

• • • • • • • • • • • • • • • • • • • • • • • • • •

CHAPTER I • MEMBERSHIP

Section 10. CLASSIFICATION: The members of this 86 Association shall be classified as follows: 87

Active Members 88 Life Members 89 Retired Members 90 Nonpracticing Dentist Members 91 Student Members 92 Honorary Members 93 Provisional Members 94 Associate Members 95 Affiliate Members 96

Section 20. QUALIFICATIONS, PRIVILEGES, 97 DUES AND SPECIAL ASSESSMENTS: 98

A. ACTIVE MEMBER. 99 a. QUALIFICATIONS. An active member shall 100 be a dentist who is licensed to practice 101 dentistry (or medicine provided the physician 102 has a D.D.S. or D.M.D. or equivalent dental 103 degree) in a state or other jurisdiction of the 104 United States and shall be a member in good 105 standing of this Association as that is defined 106 in these Bylaws. In addition, a dentist shall be 107 a member in good standing of this 108 Association’s constituent and component 109 societies, unless: 110

(1) the dentist is in the exclusive employ of, 111 or is serving on active duty in, one of the 112 federal dental services. A dentist is considered 113 to be in the exclusive employ of one of the 114 federal dental services when the dentist is under 115 contract to provide dental services to the 116 beneficiaries of the federal agency on a full-time 117 basis and does not engage in private practice 118 within the jurisdiction of a constituent or 119 component society; 120 (2) the dentist is practicing in a country other 121 than the United States and consequently is 122 ineligible for membership in a constituent or 123 component society; or 124 (3) the dentist is working as a dental school 125 faculty member, dental administrator or 126 consultant within the territorial jurisdiction of 127

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a constituent society and is ineligible for 128 active129


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membership in the constituent or component 130 society because the dentist is not licensed in 131 the territorial jurisdiction of that constituent. 132

Explanatory Notes: The term “other jurisdiction of 133 the United States” as used in this Constitution and 134 Bylaws shall mean the District of Columbia, the 135 Commonwealth of Puerto Rico, the 136 Commonwealth of the Northern Mariana Islands 137 and the territories of the United States Virgin 138 Islands, Guam and American Samoa. 139

The term “federal dental services” as used in this 140 Constitution and Bylaws shall mean the dental 141 departments of the Air Force, the Army, the Navy, 142 the Public Health Service, the department of 143 Veterans Affairs and other federal agencies. 144

The term “direct member” as used in this 145 Constitution and Bylaws shall mean a member in 146 good standing who pursuant to Chapter I of these 147 Bylaws does not hold membership in any 148 constituent society of this Association. 149 b. PRIVILEGES. 150 (1) An active member in good standing shall 151 receive annually a membership card and The 152 Journal of the American Dental Association, the 153 subscription price of which shall be included in the 154 annual dues. An active member shall be entitled to 155 attend any scientific session of this Association and 156 receive such other services as are provided by the 157 Association. 158 (2) An active member in good standing shall be 159 eligible for election as a delegate or alternate 160 delegate to the House of Delegates and for election 161 or appointment to any office or agency of this 162 Association, except as otherwise provided in these 163 Bylaws. 164 (3) An active member under a disciplinary sentence 165 of suspension shall not be privileged to hold office, 166 either elective or appointive, including delegate and 167 alternate delegate, in such member’s component 168 and constituent societies and this Association, or to 169 vote or otherwise participate in the selection of 170 officials of such member’s component and 171 constituent societies and this Association. 172 c. DUES AND SPECIAL ASSESSMENTS. 173 Beginning January 1, 2006, and each year 174 thereafter, the dues of active members shall be the 175 amount established annually by the House of 176 Delegates in accordance with the procedure set 177 forth in Chapter V, Section 130Ad of these Bylaws. 178 In addition to their annual dues, active members 179 shall pay any special assessments levied by the 180 House of Delegates, due January 1 of each year. 181 However, any dentist, who satisfies the eligibility 182 requirements for active membership and any of the 183


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following conditions shall be entitled to pay the 184 reduced active member dues and any special 185 assessment stated under such satisfied condition so 186 long as that dentist maintains continuous 187 membership, subject to the further reductions 188 permitted under the provisions of Chapter I, Section 189 20Ad of these Bylaws: 190 (1) Dentists, when awarded a D.D.S. or D.M.D. 191 degree, shall be exempt from the payment of active 192 member dues and any special assessment for the 193 remaining period of that year and the following first 194 full calendar year. Dentists shall pay twenty-five 195 percent (25%) of active member dues and special 196 assessment for the second full calendar year 197 following the year in which the degree was 198 awarded, fifty percent (50%) of active member dues 199 and special assessment in the third year, seventy-200 five percent (75%) of active member dues and 201 special assessment in the fourth year and one 202 hundred percent (100%) in the fifth year and 203 thereafter. Eligibility for this benefit shall be 204 conditioned on maintenance of continuous 205 membership or payment of reduced dues and 206 special assessment(s) for the years not previously 207 paid, at the rates current during the missing year(s). 208 (2) The dentist who is engaged full-time in (a) an 209 advanced training course of not less than one (1) 210 academic year’s duration in an accredited school or 211 a residency program in areas neither recognized by 212 this Association nor accredited by the Commission 213 on Dental Accreditation or (b) a residency program 214 or advanced education program in areas recognized 215 by this Association and in a program accredited by 216 the Commission on Dental Accreditation shall pay 217 thirty dollars ($30.00) due on January 1 of each 218 year until December 31 following completion of 219 such program. For the dentist who enters such a 220 course or program while eligible for the dues 221 reduction program set forth in the foregoing 222 condition (1), the applicable reduced dues rate shall 223 be tolled until completion of that program. Upon 224 completing the program, the dentist shall pay dues 225 and any special assessments for active members at 226 the reduced dues rate where the dentist left off in 227 the progression under condition (1). Eligibility for 228 this benefit shall be conditioned on maintenance of 229 continuous membership or payment of post-230 graduate student dues and active member dues and 231 special assessment(s) for years not previously paid, 232 at the rates current during the missing years. The 233 dentist who is engaged full-time in (a) an advanced 234 training course of not less than one (1) academic 235 year’s duration in an accredited school or residency 236 program in areas neither recognized by this 237 Association nor accredited by the Commission on 238 Dental Accreditation or (b) a residency program or 239


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advanced education program in areas recognized by 240 this Association and in a program accredited by the 241 Commission on Dental Accreditation shall be 242 exempt from the payment of any active member 243 special assessment then in effect through December 244 31 following completion of such course or program. 245 (3) A graduate of a non-accredited dental school 246 who has recently been licensed to practice dentistry 247 in a jurisdiction in which there is a constituent 248 dental society of the American Dental Association 249 shall be exempt from payment of active member 250 dues and any special assessment for the remaining 251 period of the year in which the license was issued 252 and the following first full calendar year. The 253 newly licensed graduate of a non-accredited school 254 shall pay twenty-five percent (25%) of active 255 member dues and any special assessment the 256 second calendar year following the year in which 257 the license was obtained, fifty percent (50%) of 258 active member dues and any special assessment in 259 the third year, seventy-five percent (75%) of active 260 member dues and any special assessment in the 261 fourth year and one hundred (100%) in the fifth 262 year and thereafter. 263 (4) A licensed dentist who has never been an active 264 member of this Association and is ineligible for 265 dues reduction as a new graduate under this Section 266 of the Bylaws, shall pay fifty percent (50%) of 267 active member dues and any special assessment in 268 the first year of membership, and shall pay one 269 hundred percent (100%) of active member dues and 270 any special assessment in the second year and each 271 year thereafter. 272 (5) The Board of Trustees may authorize limited 273 dues reduction, up to fifty percent (50%) of active 274 member dues and any special assessments for the 275 purposes of promoting active membership in target 276 U.S. markets through marketing campaigns 277 recommended by the Council on Membership. This 278 reduction of active member dues and any special 279 assessments shall be on a one-time only basis for 280 these members. 281 d. ACTIVE MEMBERS SELECTED AFTER 282 JULY 1 AND OCTOBER 1. Those members 283 selected to active membership in this Association 284 after July 1, except for those whose membership 285 has lapsed for failure to pay the current year’s dues 286 and/or special assessments, shall pay one half (1/2) 287 of the current year’s dues and one half (1/2) of any 288 active member special assessment then in effect, 289 and those selected after October 1, shall be exempt 290 from the payment of the current year’s dues and any 291 active member special assessment then in effect on 292 a one-time only basis. 293


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B. LIFE MEMBER. 294 a. QUALIFICATIONS. A life member shall be a 295 member in good standing of this Association who 296 (1) has been an active and/or retired member in 297 good standing of this Association for thirty (30) 298 consecutive years or a total of forty (40) years of 299 active and/or retired membership or has been a 300 member of the National Dental Association for 301 twenty-five (25) years and subsequently held at 302 least ten (10) years of membership in the American 303 Dental Association; (2) has attained the age of 304 sixty-five (65) years in the previous calendar year; 305 and (3) has submitted an affidavit attesting to the 306 qualifications for this category through said 307 component and constituent societies, if such exist. 308

A dentist who immigrated to the United States may 309 receive credit for up to twenty-five (25) consecutive 310 or total years of membership in a foreign dental 311 association in order to qualify for the respective 312 requirements for life membership. 313 Years of student membership shall not be counted 314 as active membership for purposes of establishing 315 eligibility for life membership unless the dentist was 316 an active member in good standing prior to 317 becoming a student member. 318 The Association will give notification to members 319 who are eligible for life membership. Life 320 membership shall be effective the calendar year 321 following the year in which the requirements are 322 fulfilled. Maintenance of membership in good 323 standing in the member’s constituent and component 324 societies, if such exist, shall be a requisite for 325 continuance of life membership in this Association. 326 b. PRIVILEGES. A life member in good standing of 327 this Association shall receive annually a membership 328 card. A life member shall be entitled to all the 329 privileges of an active member, except that a retired 330 life member shall not receive The Journal of the 331 American Dental Association except by subscription. 332 A life member under a disciplinary sentence of 333 suspension shall not be privileged to hold office, 334 either elective or appointive, including delegate and 335 alternate delegate, in such member’s component and 336 constituent societies and this Association, or to vote 337 or otherwise participate in the selection of officials 338 of such member’s component and constituent 339 societies and this Association. 340 c. DUES AND SPECIAL ASSESSMENTS. 341 (1) ACTIVE LIFE MEMBERS. Regardless of a 342 member’s previous classification of membership, the 343 dues of life members who have not fulfilled the 344 qualifications of retired membership pursuant to 345 Chapter I, Section 20C of these Bylaws with regard 346 to income related to dentistry shall be fifty percent 347 (50%) of the dues of active members, due January 1 348 of each year. In addition to their annual dues, active 349


Bylaws 11

life members shall pay fifty percent (50%) of any 350 active member special assessment levied by the 351 House of Delegates, due January 1 of each year. 352 (2) RETIRED LIFE MEMBERS. Life members who 353 have fulfilled the qualifications of Chapter I, Section 354 20C of these Bylaws with regard to income related to 355 dentistry shall be exempt from payment of dues and 356 any special assessment levied by the House of 357 Delegates. 358 (3) ACCEPTANCE OF BACK DUES AND 359 SPECIAL ASSESSMENTS. For the purpose of 360 establishing continuity of active membership to 361 qualify for life membership, back dues and 362 special assessments, except as otherwise 363 provided in these Bylaws, shall be accepted for 364 not more than the three (3) years of 365 delinquency prior to the date of application for 366 such payment. The rate of such dues and/or 367 special assessments, except as otherwise 368 provided in these Bylaws, shall be in 369 accordance with Chapter I, Section 40 of these 370 Bylaws. 371 For the purpose of establishing continuity of 372 active membership in order to qualify for life 373 membership, an active member, who had been 374 such when entering upon active duty in one of 375 the federal dental services but who, during such 376 federal dental service, interrupted the continuity 377 of active membership because of failure to pay 378 dues and/or special assessments and who, 379 within one year after separation from such 380 military or equivalent duty, resumed active 381 membership, may pay back dues and special 382 assessments for any missing period of active 383 membership at the rate of dues and/or special 384 assessments current during the missing years 385 of membership. 386

C. RETIRED MEMBER. 387 a. QUALIFICATIONS. A retired member shall be 388 an active member in good standing of this 389 Association who is now a retired member of a 390 constituent society, if such exists, and is no longer 391 earning income from the performance of any 392 dentally related activity, and has submitted an 393 affidavit attesting to qualifications for this category 394 through said component and constituent society, if 395 such exist. Maintenance of active or retired 396 membership in good standing in the member’s 397 component society and retired membership in good 398 standing in the member’s constituent, if such exist, 399 entitling such member to all the privileges of an 400 active member, shall be requisite for entitlement to 401 and continuance of retired membership in this 402 Association. 403 b. PRIVILEGES. A retired member in good 404


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standing shall receive annually a membership card. 405 A retired member shall be entitled to all the 406 privileges of an active member. 407 A retired member under a disciplinary sentence of 408 suspension shall not be privileged to hold office, 409 either elective or appointive, including delegate and 410 alternate delegate, in such member’s component 411 and constituent societies and this Association, or to 412 vote or otherwise participate in the selection of 413 officials of such member’s component and 414 constituent societies and this Association. 415 c. DUES AND SPECIAL ASSESSMENTS. The 416 dues of retired members shall be twenty-five 417 percent (25%) of the dues of active members, due 418 January 1 of each year. In addition to their annual 419 dues, retired members shall pay twenty-five percent 420 (25%) of any active member special assessment 421 levied by the House of Delegates, due January 1 of 422 each year. 423

D. NONPRACTICING DENTIST MEMBER. 424 a. QUALIFICATIONS. A nonpracticing dentist 425 member shall be a dentist who is ineligible for 426 any other classification of membership and: 427 (1) has a dental degree from any country; 428 (2) resides in the United States or its territories; 429 (3) does not hold a dental license in the United 430 States nor has a revoked U.S. dental license; 431 (4) is not delivering patient care as a dentist for 432 remuneration; and 433 (5) is a member in good standing of this 434 Association, and the Association’s constituent 435 and component societies, if such exists. 436 b. PRIVILEGES. 437 (1) A nonpracticing dentist member in good 438 standing shall receive annually a membership 439 card and The Journal Of The American Dental 440 Association, the subscription price of which shall 441 be included in the annual dues. A nonpracticing 442 dentist member shall be entitled to attend any 443 scientific session of this Association and receive 444 such other services as are authorized by the 445 Association. 446 (2) A nonpracticing dentist member in good 447 standing shall be eligible for election to any 448 council. 449 (3) A nonpracticing dentist member shall also be 450 eligible for appointment as an additional member 451 to any council, provided the council requests such 452 additional nonpracticing membership 453 representation and the Board of Trustees 454 approves the council’s request. Such members 455 shall be appointed by the Board of Trustees. The 456 tenure of an additional council member shall be 457 one (1) term of four (4) years. 458 (4) A nonpracticing dentist member under a 459


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disciplinary sentence of suspension shall not be 460 privileged to serve as a member of any council. 461 c. DUES AND SPECIAL ASSESSMENTS. The 462 dues of nonpracticing dentists shall be fifty 463 percent (50%) of the dues of active members, due 464 January 1 of each year. In addition to their 465 annual dues, nonpracticing dentists shall pay fifty 466 percent (50%) of any active member special 467 assessment levied by the House of Delegates, due 468 January 1 of each year. 469

E. STUDENT MEMBER. 470 a. QUALIFICATIONS. A student member shall be 471 a predoctoral student of a dental school accredited 472 by the Commission on Dental Accreditation of this 473 Association, a predoctoral student of a dental 474 school listed in the World Directory of Dental 475 Schools compiled by the FDI World Federation or a 476 dentist eligible for membership in this Association 477 who is engaged full time in an advanced training 478 course of not less than one academic year’s 479 duration in an accredited school or residency 480 program. 481 b. PRIVILEGES. A student member in good 482 standing of this Association shall receive annually a 483 membership card and The Journal of the American 484 Dental Association, the subscription price of which 485 shall be included in the annual dues. A student 486 member shall be entitled to attend any scientific 487 session of this Association. 488 A student member under a disciplinary sentence of 489

suspension shall not be privileged to serve as the 490 American Student Dental Association’s delegate or 491 alternate delegate in this Association’s House of 492 Delegates. 493 c. DUES AND SPECIAL ASSESSMENTS. 494 (1) PREDOCTORAL STUDENT MEMBERS: The 495 dues of predoctoral student members shall be five 496 dollars ($5.00) due January 1 of each year. Such 497 student members shall be exempt from the payment 498 of any special assessment levied by the House of 499 Delegates. 500 (2) POSTDOCTORAL STUDENTS AND 501 RESIDENTS: The dues of dentists who are student 502 members pursuant to Chapter I, Section 20E shall 503 be thirty dollars ($30.00) due January 1 of each 504 year. Such student members shall be exempt from 505 the payment of any special assessment levied by the 506 House of Delegates. 507 (3) Student membership terminates on December 508 31 after graduation or after completion of a 509 residency or graduate work. 510

F. HONORARY MEMBER. 511 a. QUALIFICATIONS. An individual who has 512 made outstanding contributions to the advancement 513 of the art and science of dentistry, upon election by 514


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the Board of Trustees, shall be classified as an 515 honorary member of this Association. 516 b. PRIVILEGES. An honorary member shall 517 receive a membership card and The Journal of the 518 American Dental Association. An honorary member 519 shall be entitled to attend any scientific session of 520 this Association and receive such other services as 521 are authorized by the Board of Trustees. 522 c. DUES AND SPECIAL ASSESSMENTS. 523 Honorary members shall be exempt from payment 524 of dues and any special assessment levied by the 525 House of Delegates. 526

G. PROVISIONAL MEMBER. 527 a. QUALIFICATIONS. A provisional member 528 shall be a dentist who: 529 (1) has received a D.D.S. or D.M.D. degree from a 530 dental school accredited by the Commission on 531 Dental Accreditation of the American Dental 532 Association or shall be a graduate of an 533 unaccredited dental school who has recently been 534 licensed to practice dentistry in a jurisdiction in 535 which there is a constituent dental society; 536 (2) has not established a place of practice; and 537 (3) shall have applied for provisional membership 538 within 12 months of graduation or licensure. 539 Provisional membership shall terminate December 540 31 of the second full calendar year following the 541 year in which the degree was awarded. 542 b. PRIVILEGES. A provisional member in good 543 standing shall be entitled to all the privileges of an 544 active member except that, notwithstanding 545 anything in these Bylaws to the contrary, a 546 provisional member shall have no right to appeal 547 from a denial of active membership in the 548 Association. 549 A provisional member under a disciplinary 550 sentence of suspension shall not be privileged to 551 hold office, either elective or appointive, including 552 delegate and alternate delegate, in such member’s 553 component and constituent societies and this 554 Association, or to vote or otherwise participate in 555 the selection of officials of such member’s 556 component and constituent societies and this 557 Association. 558 c. DUES AND SPECIAL ASSESSMENTS. The 559 dues and/or special assessments of provisional 560 members shall be the same as the dues and/or 561 special assessments of active members. 562

H. ASSOCIATE MEMBER. 563 a. QUALIFICATIONS. An associate member shall 564 be a person ineligible for any other type of 565 membership in this Association, who contributes to 566 the advancement of the objectives of this 567 Association, is employed in dental-related 568 education or research, does not hold a dental license 569


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in the United States, and has applied to and been 570 approved by the Board of Trustees.* 571 b. PRIVILEGES. An associate member in good 572 standing shall receive annually a membership card 573 and The Journal of the American Dental 574 Association, the subscription price of which shall be 575 included in the annual dues. An associate member 576 shall be entitled to attend any scientific session of 577 this Association and receive such other services as 578 are authorized by the Board of Trustees. 579 c. DUES AND SPECIAL ASSESSMENTS. The 580 dues of associate members shall be twenty-five 581 percent (25%) of the dues of active members, due 582 January 1 of each year. In addition to their annual 583 dues, associate members shall pay twenty-five 584 percent (25%) of any active member special 585 assessment levied by the House of Delegates, due 586 January 1 of each year. 587

I. AFFILIATE MEMBER. 588 a. QUALIFICATIONS. An affiliate member shall 589 be a dentist who is ineligible for any other 590 classification of membership and: 591 (1) is practicing in a country other than the United 592 States; 593 (2) has been classified as an affiliate member upon 594 application to and approval by the Board of 595 Trustees; and 596 (3) is a member in good standing of this 597 Association. 598 b. PRIVILEGES. An affiliate member in good 599 standing shall receive annually a membership card, 600 have access to the members-only content areas of 601 ADA.org, be entitled to attend any scientific session 602 of this Association, purchase items through the 603 ADA Catalog at the member rate and receive such 604 other services as are authorized by the Board of 605 Trustees. 606 c. DUES AND SPECIAL ASSESSMENTS. The 607 dues of affiliate members shall be twelve dollars 608 ($12.00) for those members practicing in least 609 developed and low income countries eligible for 610 special fee criteria as established by the Fédération 611 Dentaire Internationale and seventy-five dollars 612 ($75.00) for other such members, due January 1 of 613 each year. Affiliate members shall be exempt from 614 the payment of any special assessment levied by the 615

* Individuals who are classified as associate members of this Association prior to the 1996 annual session of the House of Delegates but who are not employed full-time in dentally-related education or research by an accredited institution of higher education, may maintain their associate membership so long as other eligibility requirements are met and current dues and special assessments are paid.


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House of Delegates. 616 617

* Individuals who are classified as associate members 618 of this Association prior to the 1996 annual session of 619 the House of Delegates but who are not employed 620 full-time in dentally-related education or research by 621 an accredited institution of higher education, may 622 maintain their associate membership so long as other 623 eligibility requirements are met and current dues and 624 special assessments are paid. 625

626

Section 30. DEFINITION OF “IN GOOD 627 STANDING”. A member of this Association whose 628 dues and special assessments for the current year have 629 been paid shall be in good standing; provided, 630 however, that a member, to remain in good standing 631 may be required under the bylaws of the member’s 632 constituent or component society, to meet standards 633 of continuing education, pay special assessments, 634 cooperate with peer review bodies or committees on 635 ethics, or attend, if a newly admitted active member, a 636 stated number of membership meetings between the 637 date of admission and the completion of the first 638 calendar year of active membership. If under a 639 disciplinary sentence of suspension, such member 640 shall be designated as a “member in good standing 641 temporarily under suspension” until the member’s 642 disciplinary sentence has terminated. 643 The requirement of paying current dues does not 644 apply to retired life, honorary and those members of 645 this Association who pursuant to Section 50 of this 646 Chapter have been granted dues waivers for the 647 purpose of determining their good standing. The 648 requirement of paying special assessments does not 649 apply to retired life, honorary, affiliate, student and 650 those members of this Association who pursuant to 651 Section 50 of this Chapter have been granted special 652 assessment waivers for purposes of determining their 653 good standing. 654

Section 40. LAPSE OF MEMBERSHIP AND 655 REINSTATEMENT. 656

A. LAPSE OF MEMBERSHIP. Any member whose 657 dues and special assessments have not been paid by 658 March 31 of the current year shall cease to be a 659 member of this Association. Further, an associate 660 member who terminates employment in dental-related 661 education or research shall cease to be an associate 662 member of this Association December 31 of that 663 calendar year. 664

B. REINSTATEMENT. Reinstatement of active, life, 665 retired, nonpracticing dentist, student or affiliate 666 membership may be secured on payment of 667 appropriate dues and special assessments of this 668


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Association by any former member and on 669 compliance by any former member with the pertinent 670 bylaws and regulations of the constituent and 671 component societies involved and this Association. 672

Section 50. DUES OR SPECIAL ASSESSMENT 673 RELATED ISSUES. 674 A. PAYMENT DATE AND INSTALLMENT 675 PAYMENTS. Dues and special assessments of all 676 members are payable January 1 of each year, except 677 for active and active life members who may 678 participate in an installment payment plan. Such plan 679 shall be sponsored by the members’ respective 680 constituent or component dental societies, or by this 681 Association if the active or active life members are in 682 the exclusive employ of, or are serving on active duty 683 in, one of the federal dental services. The plan shall 684 require monthly installment payments that conclude 685 with the current dues and special assessment amount 686 fully paid by June 30. Transactional costs may be 687 imposed, prorated to this Association and the 688 constituent or component dental society. The 689 installment plan shall provide for the expeditious 690 transfer of member dues and special assessments to 691 this Association and the applicable constituent or 692 component dental society, if such exists, as soon as 693 commercially feasible. 694

B. FINANCIAL HARDSHIP WAIVERS. Those 695 members who have suffered a significant financial 696 hardship that prohibits them from payment of their 697 full dues and/or special assessments may be excused 698 from the payment of fifty percent (50%), seventy-five 699 percent (75%) or all of the current year’s dues and/or 700 special assessment(s) as determined by their 701 constituent and component dental societies. The 702 constituent and component society secretaries shall 703 certify the reason for the waiver, and the constituent 704 and component societies shall provide the same 705 proportionate waiver of their dues as that provided by 706 this Association.* 707

C. WAIVERS FOR ACTIVE MEMBERS 708

* Members with disabilities who were granted dues and special assessment disability waivers prior to the 2007 House of Delegates may continue to receive such waivers provided they are unable to practice dentistry within the definition of these Bylaws and they submit through the member’s component and constituent societies, if such exist, to this Association, a medical certificate attesting to the disability and a certificate from said component and constituent societies, if such exist, attesting to the disability, upon request of the Association, during the exemption period.


Bylaws 18

TEMPORARILY ACTIVATED TO FEDERAL 709 SERVICE. An active member in good standing who 710 pursuant to Chapter I of these Bylaws holds 711 membership in a constituent and component society 712 and is temporarily called to active duty with a federal 713 dental service on a non-career basis shall be exempt 714 from the payment of dues to this Association during 715 such military duty, but not to exceed a period of three 716 years. 717

D. WAIVERS FOR ACTIVE MEMBERS 718 WORKING FOR A CHARITABLE 719 ORGANIZATION. An active member who is 720 serving the profession by working full-time for a 721 charitable organization and is receiving neither 722 income nor a salary for such charitable service other 723 than a subsistence amount which approximates a cost 724 of living allowance shall be exempt from the payment 725 of dues and any special assessment then in effect 726 through December 31 following completion of such 727 service provided that such charitable service is being 728 performed continuously for not less than one (1) year 729 and provided further that such member does not 730 supplement such subsistence income by the 731 performance of services as a member of the faculty of 732 a dental or dental auxiliary school, as a dental 733 administrator or consultant, or as a practitioner of any 734 activity for which a license to practice dentistry or 735 dental hygiene is required. 736 * Members with disabilities who were granted dues 737 and special assessment disability waivers prior to the 738 2007 House of Delegates may continue to receive 739 such waivers provided they are unable to practice 740 dentistry within the definition of these Bylaws and 741 they submit through the member’s component and 742 constituent societies, if such exist, to this Association, 743 a medical certificate attesting to the disability and a 744 certificate from said component and constituent 745 societies, if such exist, attesting to the disability, upon 746 request of the Association, during the exemption 747 period. 748 E. CALCULATING PERCENTAGE DUES OR 749 SPECIAL ASSESSMENTS. In establishing the dollar 750 rate of dues or special assessments in this chapter 751 expressed as a percentage of active member dues or 752 special assessments, computations resulting in 753 fractions of a dollar shall be rounded up to the next 754 whole dollar. 755

Section 60. INTERIM SERVICES FOR 756 APPLICANTS. A dentist who has submitted a 757 complete application for active membership in this 758 Association and the appropriate constituent and 759 component societies, if such exist, may on a one- 760 time, interim basis: receive complimentary copies of 761

CHAPTER I • MEMBERSHIP CHAPTER II • CONSTITUENT SOCIETIES


Bylaws 19

the Journal of the American Dental Association and 762 the ADA News, have access to the ADA.org member-763 only content areas and purchase items at a member 764 rate through the ADA Catalog. Such interim services 765 shall terminate when the membership application has 766 been processed or within six (6) months of the 767 application submission, whichever is sooner. 768 Applicants shall have no right of appeal from a denial 769 of membership in the Association. 770

CHAPTER II • CONSTITUENT SOCIETIES

Section 10. ORGANIZATION: A constituent society 771 may be organized and chartered, subject to the 772 approval of the House of Delegates, upon application 773 of at least one hundred (100) dentists, practicing in 774 any state or other jurisdiction of the United States 775 who are active, life or retired members of the 776 Association in good standing. No such society shall 777 be chartered in any state or other jurisdiction of the 778 United States in which a constituent society is already 779 chartered by this Association. 780

Section 20. NAME: A constituent society shall take 781 its name from the state or other jurisdiction of the 782 United States. 783


Bylaws 20

Section 30. POWERS AND DUTIES: 784 A. A constituent society shall have the power to 785 select its active, life, and retired members as active 786 members of this Association within the limits of 787 Section 40 of this Chapter. 788 B. It shall have the power to organize its members 789 into component societies within the limits imposed 790 by Chapter III, Section 10 of these Bylaws. 791 C. It shall have the power to provide for its financial 792 support and to establish bylaws, rules and regulations 793 to govern its members provided such bylaws, rules 794 and regulations do not conflict with, or limit, these 795 Bylaws. 796 D. It shall have the power to discipline any of its 797 members subject to the provisions in Chapter XII, 798 Section 20 of these Bylaws. 799 E. It shall be its duty to collect membership dues and 800 special assessments for this Association in 801 conformity with Chapter I, Section 20, of these 802 Bylaws. 803 F. It shall have the power to establish committees, 804 councils and commissions of the constituent 805 society; to designate their power and duties; and to 806 adopt reasonable eligibility requirements for service 807 thereon. 808

Section 40. MEMBERSHIP: 809 A. The active, life, and retired membership of each 810 constituent society, except as otherwise provided in 811 these Bylaws, shall consist solely of dentists 812 practicing within the territorial jurisdiction of the 813 constituent society; dentists retired from active 814 practice; dentists engaged in activities furthering the 815 object of this Association; dentists serving on the 816 faculty of a dental school or receiving compensation 817 as a dental administrator or consultant within the 818 jurisdiction of the constituent society but are licensed 819 in another jurisdiction; and dentists in a federal dental 820 service (provided that the federal dentist is either 821 licensed in or serving within the confines of the 822 constituent society’s jurisdiction), provided that such 823 dentists are active, life or retired members in good 824 standing of a component of the constituent (except for 825 the federal dentists), if such exists, and this 826 Association. 827

Explanatory Note: A dentist who has retired from 828 active practice or who is engaged in activities 829 furthering the object of this Association shall be 830 considered to be practicing dentistry within the 831 meaning of this section. 832

B. REMOVAL FROM ONE JURISDICTION TO 833 ANOTHER. A member who has changed the location 834 of the member’s practice from the jurisdiction of one 835 constituent society to that of another constituent 836 society may maintain active membership in the 837


Bylaws 21

constituent society in which membership is being 838 held for the calendar year following that of the 839 member’s removal from the jurisdiction of such 840 society. The same privilege shall apply to a member 841 who is separated from a federal dental service and 842 who enters practice in an area under the jurisdiction 843 of a constituent society or a member who is retired 844 from a federal dental service and who is serving on a 845 faculty of a dental school, or is receiving 846 compensation as a dental administrator or consultant, 847 or is engaged in any activity in the area under the 848 jurisdiction of a constituent society for which a 849 license to practice dentistry or dental hygiene is 850 required by the state or other jurisdiction of the 851 United States wherein the activity is conducted. A 852 dentist who retires from active practice and 853 establishes residence in an area outside of the 854 jurisdiction of the constituent society in which the 855 dentist holds membership shall be permitted to 856 continue membership in such constituent society for 857 the period of retirement. 858 A member who is unsuccessful in transferring 859

membership from one constituent society to another 860 shall be entitled to a hearing (by either the component 861 or constituent society), on the decision denying the 862 member’s application for transfer of membership and 863 to appeal to the constituent society to which transfer 864 is sought, if applicable, and thereafter to the Council 865 on Ethics, Bylaws and Judicial Affairs of this 866 Association in accordance with the procedures in 867 Chapter XII, Section 20C and D of these Bylaws even 868 though a disciplinary penalty is not involved. 869

C. PRIVILEGES. An active, life, or retired member 870 in good standing shall enjoy all privileges of 871 constituent society membership except as otherwise 872 provided by these Bylaws. 873

D. MULTIPLE JURISDICTIONS. A member may 874 hold membership in more than one constituent society 875 with the consent of the constituent society involved. 876 A member is required to maintain active membership 877 in the constituent society, if accepted therein, in 878 whose jurisdiction the member maintains or practices 879 dentistry at a secondary or “branch” office. In order to 880 meet the requirement of tripartite membership, a 881 member must also maintain active membership in one 882 component society of each constituent society into 883 which the member is accepted, if such exist. If such a 884 member is accused of unethical conduct and 885 disciplinary proceedings are brought, then those 886 proceedings shall be instituted in the component or 887 constituent society where the alleged unethical 888 conduct occurred. A disciplinary ruling affecting 889 membership in one constituent society shall affect 890 membership in both societies and in the Association. 891 A member shall have the right of appeal as provided 892


Bylaws 22

in Chapter XII of the Bylaws. Such member shall pay 893 dues in this Association only through the constituent 894 society in whose jurisdiction the member conducts 895 the major part of the member’s practice. 896

Section 50. OFFICERS: The officers of a constituent 897 society shall be president, secretary, treasurer and such 898 others as may be prescribed in its bylaws. 899

Section 60. SESSIONS: A constituent society shall 900 hold a business session at least once each calendar 901 year. 902

Section 70. CONSTITUTION AND BYLAWS: Each 903 constituent society shall adopt and maintain a 904 constitution and bylaws which shall not be in conflict 905 with, or limit, the Constitution and Bylaws 906 of this Association and shall file a copy thereof and 907 any changes which may be made thereafter, with the 908 Executive Director of this Association. 909

Section 80. “PRINCIPLES OF ETHICS AND CODE 910 OF PROFESSIONAL CONDUCT”: The Principles of 911 Ethics and Code of Professional Conduct of this 912 Association and the code of ethics adopted by the 913 constituent society shall be the code of ethics of that 914 constituent society for governing the professional 915 conduct of its members. 916

Section 90. RIGHT OF HEARING AND APPEAL: 917 Disputes arising between constituent societies or 918 between a constituent society and one or more of its 919 component societies may be referred to the Council 920 on Ethics, Bylaws and Judicial Affairs of this 921 Association for hearing and decision as provided in 922 Chapter X, Section 120Gd in accordance with the 923 procedure of Chapter XII, Section 20C and D of these 924 Bylaws even though a disciplinary penalty is not 925 involved. 926

Section 100. PRIVILEGE OF REPRESENTATION: 927 Each constituent society shall be entitled to two (2) 928 delegates in the House of Delegates, except that one 929 (1) delegate shall be allocated to the Virgin Islands 930 Dental Association. The Air Force Dental Corps, the 931 Army Dental Corps, the Navy Dental Corps, the 932 Public Health Service and the Department of 933 Veterans Affairs shall each be entitled to two 934 delegates, one of which shall be elected by the 935 respective service, without regard to the number of 936 members. The remaining number of delegates shall 937 be allocated as provided in Chapter V, Sections 10C 938 and 10D. 939 Each constituent society and each federal dental 940

service may select from among its active, life and 941 retired members the same number of alternate 942 delegates as delegates and shall designate the 943 alternate delegate who shall replace an absent 944 delegate. 945


Bylaws 23

Section 110. CHARTERED CONSTITUENT 946 SOCIETIES: The Executive Director of the 947 Association is authorized to issue a charter to each 948 constituent society denoting its name and territorial 949 jurisdiction. The following societies are chartered as 950 constituent societies of this Association: 951

Alabama Dental Association 952 Alaska Dental Society 953 Arizona State Dental Association 954 Arkansas State Dental Association 955 California Dental Association 956 Colorado Dental Association 957 Connecticut State Dental Association, The 958 Delaware State Dental Society 959 District of Columbia Dental Society, The 960 Florida Dental Association 961 Georgia Dental Association 962 Hawaii Dental Association 963 Idaho State Dental Association 964 Illinois State Dental Society 965 Indiana Dental Association 966 Iowa Dental Association 967 Kansas Dental Association 968 Kentucky Dental Association 969 Louisiana Dental Association, The 970 Maine Dental Association 971 Maryland State Dental Association 972 Massachusetts Dental Society 973 Michigan Dental Association 974 Minnesota Dental Association 975 Mississippi Dental Association, The 976 Missouri Dental Association 977 Montana Dental Association 978 Nebraska Dental Association, The 979 Nevada Dental Association 980 New Hampshire Dental Society 981 New Jersey Dental Association 982 New Mexico Dental Association 983 New York State Dental Association 984 North Carolina Dental Society, The 985 North Dakota Dental Association 986 Ohio Dental Association 987 Oklahoma Dental Association 988 Oregon Dental Association 989 Pennsylvania Dental Association 990 Puerto Rico, Colegio de Cirujanos Dentistas de 991 Rhode Island Dental Association 992 South Carolina Dental Association 993 South Dakota Dental Association 994 Tennessee Dental Association 995 Texas Dental Association 996 Utah Dental Association 997 Vermont State Dental Society 998

CHAPTER II • CONSTITUENT SOCIETIES CHAPTER III • COMPONENT SOCIETIES

Bylaws 24

Virgin Islands Dental Association 999 Virginia Dental Association 1000 Washington State Dental Association 1001 West Virginia Dental Association 1002 Wisconsin Dental Association 1003 Wyoming Dental Association 1004

CHAPTER III • COMPONENT SOCIETIES

Section 10. ORGANIZATION: Component societies 1005 may be organized in conformity with a plan approved 1006 by the constituent society of which they shall be 1007 recognized entities provided, however, that the active, 1008 life or retired members of each component society 1009 shall consist of dentists who are members in good 1010 standing of their respective constituent societies and 1011 of this Association. The plan adopted by the 1012 constituent society may or may not limit active 1013 membership in a component society to dentists who 1014 reside or practice within the geographic area of that 1015 component society. Each component society shall 1016 adopt and maintain a constitution and bylaws, which 1017 shall not be in conflict with, or limit, the Constitution 1018 and Bylaws of this Association or that of its 1019 constituent society, and shall file a copy thereof and 1020 any changes which may be made thereafter with the 1021 Executive Director of this Association. 1022

Section 20. POWER AND DUTIES: 1023

A. A component society shall have the power to 1024 select its active, life, and retired members as active 1025 members of the constituent society in accordance 1026 with Chapter II, Section 40, of these Bylaws. 1027

B. It shall have the power to provide for its financial 1028 support, to establish bylaws, rules and regulations, not 1029 in conflict with, or limiting, the Constitution and 1030 Bylaws of this Association or that of its constituent 1031 society and to adopt a code of ethics not in conflict 1032 with the Principles of Ethics and Code of 1033 Professional Conduct of this Association or code of 1034 ethics of its constituent society. 1035

C. It shall have the power to discipline any of its 1036 members subject to the provisions in Chapter XII, 1037 Section 20 of these Bylaws. 1038

D. It shall have the power to establish committees, 1039 councils and commissions of the component society; 1040 to designate their powers and duties; and to adopt 1041 reasonable eligibility requirements for service 1042 thereon. 1043

Section 30. PRIVILEGES OF MEMBERSHIP: An 1044 active, life, or retired member in good standing shall 1045 have the opportunity of enjoying all privileges of 1046 component society membership except as otherwise 1047 provided by these Bylaws. 1048

CHAPTER III • COMPONENT SOCIETIES CHAPTER IV • TRUSTEE DISTRICTS

Bylaws 25

Section 40. TRANSFER FROM ONE COMPONENT 1049 TO ANOTHER: 1050

A member who has changed residence or location of 1051 practice within the jurisdiction of a constituent 1052 society so that the member no longer fulfills the 1053 membership requirements of the component society 1054 of which he or she is a member may maintain active 1055 membership in that component society for the 1056 calendar year following such change of residence or 1057 practice location. 1058 A member who is required to transfer membership 1059

from one component society to another and whose 1060 application for transfer of membership is denied shall 1061 be entitled to a hearing (by either the component or 1062 constituent society), on the decision denying the 1063 member’s application for transfer of membership and 1064 to appeal to the member’s constituent society, if 1065 applicable, and the Council on Ethics, Bylaws and 1066 Judicial Affairs of this Association in accordance 1067 with the procedures in Chapter XII, Section 20C and 1068 D of these Bylaws even though a disciplinary 1069 penalty is not involved. A component society which 1070 receives an application for transfer of membership 1071 from a dentist who has moved from the jurisdiction of 1072 another constituent society is governed by Chapter II, 1073 Section 40B of these Bylaws. 1074

CHAPTER IV • TRUSTEE DISTRICTS

Section 10. ORGANIZATION: The constituent 1075 societies and the federal dental services shall be 1076 organized into seventeen (17) trustee districts. 1077

Section 20. PURPOSE: The purpose of establishing 1078 trustee districts is to provide representation of the 1079 members of the constituent societies and the federal 1080 dental services on the Board of Trustees. 1081

Section 30. COMPOSITION: The trustee districts are 1082 numbered and composed as follows: 1083

DISTRICT 1 1084 Connecticut State Dental Association, The 1085 Maine Dental Association 1086 Massachusetts Dental Society 1087 New Hampshire Dental Society 1088 Rhode Island Dental Association 1089 Vermont State Dental Society 1090

DISTRICT 2 1091 New York State Dental Association 1092

DISTRICT 3 1093 Pennsylvania Dental Association 1094

DISTRICT 4 1095 Air Force Dental Corps 1096

CHAPTER IV • TRUSTEE DISTRICTS

Bylaws 26

Army Dental Corps 1097 Delaware State Dental Society 1098 District of Columbia Dental Society, The 1099 Maryland State Dental Association 1100 Navy Dental Corps 1101 New Jersey Dental Association 1102 Public Health Service 1103 Puerto Rico, Colegio de Cirujanos Dentistas de 1104 Veterans Affairs 1105 Virgin Islands Dental Association 1106

DISTRICT 5* 1107 Alabama Dental Association 1108 Georgia Dental Association 1109 Mississippi Dental Association, The 1110

DISTRICT 6 1111 Kentucky Dental Association 1112 Missouri Dental Association 1113 Tennessee Dental Association 1114 West Virginia Dental Association 1115

DISTRICT 7 1116 Indiana Dental Association 1117 Ohio Dental Association 1118

DISTRICT 8 1119 Illinois State Dental Society 1120

DISTRICT 9 1121 Michigan Dental Association 1122 Wisconsin Dental Association 1123

DISTRICT 10 1124 Iowa Dental Association 1125 Minnesota Dental Association 1126 Nebraska Dental Association, The 1127 North Dakota Dental Association 1128 South Dakota Dental Association 1129

DISTRICT 11 1130 Alaska Dental Society 1131 Idaho State Dental Association 1132 Montana Dental Association 1133 Oregon Dental Association 1134 Washington State Dental Association 1135

DISTRICT 12 1136 Arkansas State Dental Association 1137 Kansas Dental Association 1138 Louisiana Dental Association, The 1139 Oklahoma Dental Association 1140

DISTRICT 13 1141 California Dental Association 1142

DISTRICT 14 1143 Arizona State Dental Association 1144 Colorado Dental Association 1145 Hawaii Dental Association 1146

CHAPTER IV • TRUSTEE DISTRICTS CHAPTER V • HOUSE OF DELEGATES

Bylaws 27

Nevada Dental Association 1147 New Mexico Dental Association 1148 Utah Dental Association 1149 Wyoming Dental Association 1150

DISTRICT 15 1151 Texas Dental Association 1152

DISTRICT 16 1153 North Carolina Dental Society, The 1154 South Carolina Dental Association 1155 Virginia Dental Association 1156

DISTRICT 17* 1157

Florida Dental Association 1158

CHAPTER V • HOUSE OF DELEGATES

Section 10. COMPOSITION. 1159

A. VOTING MEMBERS. The House of Delegates 1160 shall be limited to four hundred sixty (460) voting 1161 members for the two years 2004 to 2005 inclusive. 1162 Thereafter, the number of voting members shall be 1163 determined by the methodologies set forth in Section 1164 10C of this Chapter. It shall be composed of the 1165 officially certified delegates of the constituent dental 1166 societies, two (2) officially certified delegates from 1167 each of the five (5) federal dental services and five (5) 1168 student members of the American Student Dental 1169 Association who are officially certified delegates 1170 from the American Student Dental Association. 1171

B. EX OFFICIO MEMBERS. The elective and 1172 appointive officers and trustees of this Association 1173 shall be ex officio members of the House of Delegates 1174 without the power to vote. They shall not serve as 1175 delegates. Past presidents of this Association shall be 1176 ex officio members of the House of Delegates without 1177 the power to vote unless designated as delegates. 1178

C. REPRESENTATIONAL REQUIREMENTS AND 1179 GOALS. Each constituent society shall be entitled to 1180

* In order to establish the required pattern of four, four, four and five members respectively retiring from councils and commissions each year, members of councils and commissions from the new 5th and 17th districts who are in office at the time this footnote becomes effective shall finish their terms in accordance with their scheduled term completion dates. Councils and commissions that have incumbent members from the new 5th district shall add a new member from the 17th district to a full four-year term. Councils and commissions that have incumbent members from the new 17th district shall add a new member from the new 5th district to a full four-year term.


Bylaws 28

two (2) delegates, except that one (1) delegate shall 1181 be allocated to the Virgin Islands Dental Association. 1182 The Air Force Dental Corps, the Army Dental Corps, 1183 the Navy Dental Corps, the Public Health Service and 1184 the Department of Veteran Affairs shall each be 1185 entitled to two (2) delegates, one of which shall be 1186 elected by the respective service, without regard to 1187 the number of members. 1188 * In order to establish the required pattern of four, 1189 four, four and five members respectively retiring from 1190 councils and commissions each year, members of 1191 councils and commissions from the new 5th and 17th 1192 districts who are in office at the time this footnote 1193 becomes effective shall finish their terms in 1194 accordance with their scheduled term completion 1195 dates. Councils and commissions that have incumbent 1196 members from the new 5th district shall add a new 1197 member from the 17th district to a full four-year term. 1198 Councils and commissions that have incumbent 1199 members from the new 17th district shall add a new 1200 member from the new 5th district to a full four-year 1201 term. 1202

For the two years 2004-2005 inclusive, the 1203 remaining number of delegates shall be allocated to 1204 the constituent societies, through their trustee districts 1205 based on the representational goals that each trustee 1206 district's representation in the House of Delegates 1207 shall vary by no more or less than 0.3% from its 1208 active, life or retired membership share in this 1209 Association, based on the Association's December 31, 1210 2002 membership records, and that no district or 1211 constituent shall lose a delegate from its 2003 1212 allocation. Thereafter, to allow for changes in the 1213 delegate allocation due to membership fluctuations, 1214 the Board of Trustees shall use this variance method 1215 of district delegate allocation (a variance of no more 1216 than 0.3% of its active, life and retired membership 1217 share in the Association) at subsequent intervals of 1218 three (3) years, with the first such review occurring 1219 for the 2006 House of Delegates. Such reviews shall 1220 be based on the Association's year-end membership 1221 records for the calendar year preceding the review 1222 period in question. No district shall lose a delegate 1223 unless their membership numbers are at least one 1224 percent less than their membership numbers of the 1225 prior three years. Any changes deemed necessary 1226 shall be presented to the House of Delegates in the 1227 form of a Bylaws' amendment to Section 10D of this 1228 Chapter. 1229

D. DELEGATE ALLOCATION. Based on the 1230 representational requirements and goals set forth in 1231 Section 10C, the delegates are allocated as follows: 1232

DISTRICT 1 1233 Connecticut State Dental Association, The, 1234 7 delegates 1235



Bylaws 29

Maine Dental Association, 3 delegates 1236 Massachusetts Dental Society, 13 delegates 1237 New Hampshire Dental Society, 3 delegates 1238 Rhode Island Dental Association, 3 delegates 1239 Vermont State Dental Society, 2 delegates 1240 District Total: 31 delegates 1241

DISTRICT 2 1242 New York State Dental Association, 41 delegates 1243 District Total: 41 delegates 1244

DISTRICT 3 1245 Pennsylvania Dental Association, 18 delegates 1246 District Total: 18 delegates1247


Bylaws 30

DISTRICT 4 1248 Air Force Dental Corps, 2 delegates 1249 Army Dental Corps, 2 delegates 1250 Delaware State Dental Society, 2 delegates 1251 District of Columbia Dental Society, The, 1252 2 delegates 1253 Maryland State Dental Association, 7 delegates 1254 Navy Dental Corps, 2 delegates 1255 New Jersey Dental Association, 12 delegates 1256 Public Health Service, 2 delegates 1257 Puerto Rico, Colegio de Cirujanos Dentistas de, 1258 2 delegates 1259 Veterans Affairs, 2 delegates 1260 Virgin Islands Dental Association, 1 delegate 1261 District Total: 36 delegates 1262

DISTRICT 5 1263 Alabama Dental Association, 5 delegates 1264 Georgia Dental Association, 9 delegates 1265 Mississippi Dental Association, The, 3 delegates 1266 District Total: 17 delegates 1267

DISTRICT 6 1268 Kentucky Dental Association, 6 delegates 1269 Missouri Dental Association, 7 delegates 1270 Tennessee Dental Association, 7 delegates 1271 West Virginia Dental Association, 3 delegates 1272 District Total: 23 delegates 1273

DISTRICT 7 1274 Indiana Dental Association, 9 delegates 1275 Ohio Dental Association, 16 delegates 1276 District Total: 25 delegates 1277

DISTRICT 8 1278 Illinois State Dental Society, 19 delegates 1279 District Total: 19 delegates 1280

DISTRICT 9 1281 Michigan Dental Association, 17 delegates 1282 Wisconsin Dental Association, 9 delegates 1283 District Total: 26 delegates 1284

DISTRICT 10 1285 Iowa Dental Association, 5 delegates 1286 Minnesota Dental Association, 9 delegates 1287 Nebraska Dental Association, The, 3 delegates 1288 North Dakota Dental Association, 2 delegates 1289 South Dakota Dental Association, 2 delegates 1290 District Total: 21 delegates 1291

DISTRICT 11 1292 Alaska Dental Society, 2 delegates 1293 Idaho State Dental Association, 3 delegates 1294 Montana Dental Association, 2 delegates 1295 Oregon Dental Association, 6 delegates 1296 Washington State Dental Association, 10 delegates 1297 District Total: 23 delegates 1298


Bylaws 31

DISTRICT 12 1299 Arkansas State Dental Association, 4 delegates 1300 Kansas Dental Association, 4 delegates 1301 Louisiana Dental Association, The, 6 delegates 1302 Oklahoma Dental Association, 5 delegates 1303 District Total: 19 delegates 1304

DISTRICT 13 1305 California Dental Association, 63 delegates 1306 District Total: 63 delegates 1307

DISTRICT 14 1308 Arizona State Dental Association, 6 delegates 1309 Colorado Dental Association, 8 delegates 1310 Hawaii Dental Association, 3 delegates 1311 Nevada Dental Association, 3 delegates 1312 New Mexico Dental Association, 3 delegates 1313 Utah Dental Association, 4 delegates 1314 Wyoming Dental Association, 2 delegates 1315 District Total: 29 delegates 1316

DISTRICT 15 1317 Texas Dental Association, 23 delegates 1318 District Total: 23 delegates 1319

DISTRICT 16 1320 North Carolina Dental Society, The, 9 delegates 1321 South Carolina Dental Association, 5 delegates 1322 Virginia Dental Association, 10 delegates 1323 District Total: 24 delegates 1324

DISTRICT 17 1325 Florida Dental Association, 21 delegates 1326 District Total: 21 delegates 1327

AMERICAN STUDENT DENTAL 1328 ASSOCIATION, 5 delegates 1329

E. ALTERNATE DELEGATES. Each constituent 1330 dental society and each federal dental service may 1331 select from among its active, life and retired members 1332 the same number of alternate delegates as delegates. 1333 The American Student Dental Association may select 1334 from among its active members the same number of 1335 alternate delegates as delegates. 1336

F. SELECTION OF AMERICAN STUDENT 1337 DENTAL ASSOCIATION DELEGATES AND 1338 ALTERNATE DELEGATES. The American Student 1339 Dental Association shall select its five (5) delegates 1340 from its even numbered regions in even numbered 1341 years, and the odd numbered regions in odd 1342 numbered years, with their alternate delegates 1343 selected from the opposite groups of regions. 1344

Section 20. ELECTION OF DELEGATES AND 1345 ALTERNATE DELEGATES: The officially certified 1346 delegates and the alternate delegates of each 1347 constituent society shall be elected by one or more of 1348 the following methods: 1349


Bylaws 32

1. By the membership at large of that constituent 1350 society 1351 2. By the constituent society’s governing legislative 1352 body 1353 3. By a component with respect to the delegates 1354 representing that component 1355

Each federal dental service and the American Student 1356 Dental Association may establish its own method for 1357 selecting delegates. 1358

Section 30. CERTIFICATION OF DELEGATES 1359 AND ALTERNATE DELEGATES: The executive 1360 director or equivalent chief executive officer of each 1361 constituent society, the ranking administrative officer 1362 of each federal dental service, and the secretary of the 1363 American Student Dental Association shall file with 1364 the Executive Director of this Association, at least 1365 sixty (60) days prior to the first day of the annual 1366 session of the House of Delegates, the names of the 1367 delegates and alternate delegates designated by the 1368 society, service or association. The Executive 1369 Director of this Association shall provide each 1370 delegate and alternate delegate with credentials which 1371 shall be presented to the Committee on Credentials, 1372 Rules and Order of the House of Delegates. In the 1373 event of a contest over the credentials of any delegate 1374 or alternate delegate, the Committee on Credentials, 1375 Rules and Order shall hold a hearing and report its 1376 findings and recommendations to the House of 1377 Delegates for final action. 1378

Section 40. POWERS: 1379

A. The House of Delegates shall be the supreme 1380 authoritative body of this Association. 1381

B. It shall possess the legislative powers. 1382

C. It shall determine the policies which shall govern 1383 this Association in all of its activities. 1384

D. It shall have the power to enact, amend and repeal 1385 the Constitution and Bylaws. 1386

E. It shall have the power to adopt and amend the 1387 Principles of Ethics and Code of Professional 1388 Conduct for governing the professional conduct of the 1389 members. 1390

F. It shall have the power to grant, amend, suspend or 1391 revoke charters of constituent societies. It shall also 1392 have the power by a two-thirds (2/3) affirmative vote 1393 of the delegates present and voting to suspend the 1394 representation of a constituent society in the House of 1395 Delegates upon a determination by the House that the 1396 bylaws of the constituent society violate the 1397 Constitution or Bylaws of this Association providing, 1398 however, such suspension shall not be in effect until 1399 the House of Delegates has voted that the constituent 1400 society is in violation and has one year after 1401


Bylaws 33

notification of the specific violation in which to 1402 correct its constitution or bylaws. 1403

G. It shall have the power to create special 1404 committees of the Association. 1405

H. It shall have the power to establish branch offices 1406 of the Association. 1407

I. It shall have the power to approve all memorials, 1408 resolutions or opinions issued in the name of the 1409 American Dental Association. 1410

Section 50. DUTIES: It shall be the duty of the House 1411 of Delegates: 1412

A. To elect the elective officers. 1413

B. To elect the members of the Board of Trustees. 1414

C. To elect the members of the councils and 1415 commissions except as otherwise provided by these 1416 Bylaws. 1417

D. To receive and act upon reports of the committees 1418 of the House of Delegates. 1419

E. To adopt an annual budget and establish the dues 1420 of active members for the following year. 1421

F. To serve as the court of appeal from decisions of 1422 the Council on Ethics, Bylaws and Judicial Affairs 1423 except those decisions involving discipline of 1424 members. 1425

Section 60. TRANSFER OF POWERS AND 1426 DUTIES OF THE HOUSE OF DELEGATES: The 1427 powers and duties of the House of Delegates, except 1428 the power to amend, enact and repeal the Constitution 1429 and Bylaws, and the duty of electing the elective 1430 officers and the members of the Board of Trustees, 1431 may be transferred to the Board of Trustees of this 1432 Association in time of extraordinary emergency. The 1433 existence of a time of extraordinary emergency may 1434 be determined by unanimous consent of the members 1435 of the Board of Trustees present and voting at a 1436 regular or special session. Such extraordinary 1437 emergency may also be determined by mail vote of 1438 the last House of Delegates on recommendation of at 1439 least four (4) of the elective officers. A mail vote to 1440 be valid shall consist of ballots received from not less 1441 than one-fourth (1/4) of the members of the last 1442 House of Delegates. A majority of the votes cast 1443 within thirty (30) days after the mailing of the ballot 1444 shall decide the vote. 1445

Section 70. ANNUAL SESSION: The House of 1446 Delegates shall meet annually. 1447

Section 80. SPECIAL SESSIONS: A special session 1448 of the House of Delegates shall be called by the 1449 President on a three-fourths (3/4) affirmative vote of 1450


Bylaws 34

the members of the Board of Trustees or on written 1451 request of delegates representing at least one-third 1452 (1/3) of the constituent societies and not less than 1453 one-fifth (1/5) of the number of officially certified 1454 delegates of the last House of Delegates. The time 1455 and place of a special session shall be determined by 1456 the President, provided the time selected shall be not 1457 more than forty-five (45) days after the request was 1458 received. The business of a special session shall be 1459 limited to that stated in the official call except by 1460 unanimous consent. 1461

Section 90. OFFICIAL CALL: 1462

A. ANNUAL SESSION. The Executive Director of 1463 the Association shall cause to be published in The 1464 Journal of the American Dental Association an 1465 official notice of the time and place of each annual 1466 session, and shall send to each member of the House 1467 of Delegates an official notice of the time and place 1468 of the annual session at least thirty (30) days before 1469 the opening of such session. 1470

B. SPECIAL SESSION. The Executive Director of 1471 the Association shall send an official notice of the 1472 time and place of each special session and a statement 1473 of the business to be considered to every officially 1474 certified delegate and alternate delegate of the last 1475 House, not less than fifteen (15) days before 1476 the opening of such session. 1477

Section 100. QUORUM: One-fourth (1/4) of the 1478 voting members of the House of Delegates, 1479 representing at least one-fourth (1/4) of the 1480 constituent societies and federal dental services, shall 1481 constitute a quorum for the transaction of business at 1482 any meeting. 1483

Section 110. OFFICERS: 1484

A. SPEAKER AND SECRETARY. The officers of 1485 the House shall be the Speaker of the House of 1486 Delegates and the Secretary of the House of 1487 Delegates. The Executive Director of this Association 1488 shall serve as Secretary of the House of Delegates. 1489 In the absence of the Speaker the office shall be 1490

filled by the President. In the absence of the Secretary 1491 of the House of Delegates the Speaker shall appoint a 1492 Secretary of the House of Delegates pro tem. 1493

B. DUTIES. 1494 a. SPEAKER. The Speaker shall preside at all 1495 meetings of the House of Delegates and, in 1496 accordance with Chapter V, Section 140Bb, 1497 determine the order of business for all meetings 1498 subject to the approval of the House of Delegates, 1499 appoint tellers to assist in determining the result of 1500 any action taken by vote and perform such other 1501 duties as custom and parliamentary procedure 1502


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require. The decision of the Speaker shall be final 1503 unless an appeal from such decision shall be made 1504 by a member of the House, in which case final 1505 decision shall be by majority vote. In addition, 1506 following adjournment of the Standing Committee 1507 on Constitution and Bylaws, the Speaker and the 1508 Chair of the Council on Ethics, Bylaws and Judicial 1509 Affairs shall be responsible for reviewing and either 1510 approving or redrafting any new resolutions or 1511 changes to resolutions that propose amendments to 1512 the Constitution and Bylaws, in accordance with 1513 Chapter V, Section 140Ab. 1514 b. SECRETARY. The Secretary of the House of 1515 Delegates shall serve as the recording officer of the 1516 House and the custodian of its records, and shall 1517 cause a record of the proceedings of the House to be 1518 published as the official transactions of the House. 1519

Section 120. ORDER OF BUSINESS: The order of 1520 business shall be that order of business adopted by the 1521 House of Delegates in conformity with Chapter V, 1522 Section 110Ba and Chapter V, Section 140Bb. 1523

Section 130. RULES OF ORDER: 1524

A. STANDING RULES AND REPORTS. 1525 a. REPORTS. All reports of elective officers, 1526 councils and committees, except supplemental 1527 reports, shall be sent to each delegate and alternate 1528 delegate at least fourteen (14) days in advance of the 1529 opening of the annual session. All supplemental 1530 reports shall be distributed to each delegate before 1531 such report is considered by the House of Delegates. 1532 b. APPROPRIATION OF FUNDS. Any resolution 1533 proposing an appropriation of funds, except those 1534 relating to the annual budget, shall be referred to the 1535 Board of Trustees for a report at the same session on 1536 the availability of funds for the purpose specified. 1537 c. APPROVAL OF ANNUAL BUDGET. The 1538 proposed annual budget shall be submitted by the 1539 Board of Trustees to the members of the House of 1540 Delegates at least fourteen (14) days prior to the 1541 opening meeting of the annual session, shall be 1542 referred to a special reference committee on budget 1543 for hearings at the annual session and then shall be 1544 considered for approval as a special order of 1545 business at the second meeting of the House of 1546 Delegates. In the event the budget as submitted is 1547 not approved, all recommendations for changes shall 1548 be referred to the Board of Trustees to prepare and 1549 present a revised budget. This procedure shall be 1550 repeated until a budget for the ensuing fiscal year 1551 shall be adopted. 1552 d. APPROVAL OF THE DUES OF ACTIVE 1553 MEMBERS. The dues of active members of this 1554 Association shall be established by the House of 1555 Delegates as the last item of business at each annual 1556


Bylaws 36

session. The resolution to establish the dues of 1557 active members for the following year shall be 1558 proposed at each annual session by the Board of 1559 Trustees in conformity with Chapter VII, Section 1560 100F of these Bylaws, may be amended to any 1561 amount and/or reconsidered by the House of 1562 Delegates until a resolution establishing the dues of 1563 active members is adopted by a two-thirds (2/3) 1564 affirmative vote of the delegates present and 1565 voting. 1566 e. INTRODUCTION OF NEW BUSINESS. No new 1567 business shall be introduced into the House of 1568 Delegates less than 15 days prior to the opening of 1569 the annual session, unless submitted by a Trustee 1570 District. No new business shall be introduced into 1571 the House of Delegates at the last meeting of a 1572 session except when such new business is submitted 1573 by a Trustee District and is permitted to be 1574 introduced by a two-thirds (2/3) affirmative vote of 1575 the delegates present and voting. The motion 1576 introducing such new business shall not be 1577 debatable. Approval of such new business shall 1578 require a majority vote except new business 1579 introduced at the last meeting of a session that 1580 would require a bylaw amendment cannot be 1581 adopted at such last meeting. Reference committee 1582 recommendations shall not be deemed new business. 1583 f. RESOLUTIONS. A resolution becomes the 1584 property of the American Dental Association when 1585 submitted to the ADA House of Delegates for 1586 consideration. If adopted by the House of Delegates, 1587 this Association shall be the sole owner of the 1588 resolution which shall constitute “work made for 1589 hire” under copyright laws. This Association shall 1590 have the exclusive right to seek copyright 1591 registration for the resolution and to secure 1592 copyrights and retain ownership of such copyrights 1593 in its own name. 1594

B. ADDITIONAL RULES. The rules contained in the 1595 current edition of The Standard Code of 1596 Parliamentary Procedure by Alice Sturgis shall 1597 govern the deliberations of the House of Delegates in 1598 all cases in which they are applicable and not in 1599 conflict with the standing rules or these Bylaws. 1600

Section 140. COMMITTEES: The committees of the 1601 House of Delegates shall be: 1602

A. COMMITTEE ON CONSTITUTION AND 1603 BYLAWS. 1604 a. COMPOSITION. The Committee shall consist of 1605 not more than eight (8) nor less than six (6) 1606 members of the Council on Ethics, Bylaws and 1607 Judicial Affairs of this Association appointed by the 1608 President in consultation with the Speaker of the 1609 House of Delegates and the Council Chair. 1610


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b. DUTIES: Prior to the first meeting of each new 1611 session of the House of Delegates, the Committee 1612 shall review all resolutions proposing amendments 1613 to the Constitution and Bylaws and shall either 1614 approve the text of the amendment as written or 1615 shall redraft the resolution to accomplish the intent 1616 of the maker in the form currently used by the 1617 House of Delegates. The Committee shall file a 1618 report of its findings and actions at the first meeting 1619 of the House of Delegates and then shall adjourn. 1620 Thereafter until the House of Delegates adjourns 1621 sine die, the Speaker of the House and the Chair of 1622 the Council on Ethics, Bylaws and Judicial Affairs 1623 shall be responsible for reviewing any new 1624 resolutions or changes to resolutions that propose 1625 amendments to the Constitution and Bylaws, and 1626 they shall either approve the text of the amendment 1627 as written or shall redraft the resolution to 1628 accomplish the intent of the maker in the form 1629 currently used by the House of Delegates. 1630

B. COMMITTEE ON CREDENTIALS, RULES 1631 AND ORDER. 1632 a. COMPOSITION. The Committee, consisting of 1633 nine (9) members from the officially certified 1634 delegates and alternate delegates, shall be appointed 1635 by the President at least sixty (60) days in advance 1636 of each session. 1637 b. DUTIES. It shall be the duty of the Committee (1) 1638 to record and report the roll call of the House of 1639 Delegates at each meeting; (2) to conduct a hearing 1640 on any contest regarding the certification of a 1641 delegate or alternate delegate and to report its 1642 recommendations to the House of Delegates; (3) to 1643 prepare a report, in consultation with the Speaker 1644 and Secretary of the House of Delegates, on matters 1645 relating to the order of business and special rules of 1646 order; (4) to consider all matters referred to 1647 it and report its recommendations to the House of 1648 Delegates. 1649

C. RESOLUTIONS COMMITTEE. 1650 a. COMPOSITION. The Resolutions Committee 1651 shall consist of the Speaker and the Secretary of the 1652 House of Delegates and the chairs of the reference 1653 committees authorized by Subsection D of this 1654 Chapter. 1655 b. DUTIES. The duties of the Resolutions 1656 Committee shall be to examine resolutions after 1657 action by the reference committees and arrange a 1658 sequence for House action based upon the 1659 importance of the resolutions’ subject matter. 1660

D. REFERENCE COMMITTEES. 1661 a. COMPOSITION. Reference committees, 1662 consisting of nine (9) members from the officially 1663

CHAPTER V • HOUSE OF DELEGATES CHAPTER VI • CONFLICT OF INTEREST

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certified delegates and alternate delegates, shall be 1664 appointed by the President at least sixty (60) days in 1665 advance of each annual session. 1666 b. DUTIES. It shall be the duty of a reference 1667 committee to consider reports referred to it, to 1668 conduct open hearings and to report its 1669 recommendations to the House of Delegates. 1670

E. SPECIAL COMMITTEES. The Speaker, with the 1671 consent of the House of Delegates, shall appoint 1672 special committees to perform duties not otherwise 1673 assigned by these Bylaws, to serve until adjournment 1674 sine die of the session at which they were appointed. 1675

Section 150. ELECTION PROCEDURE: Elective 1676 officers, members of the Board of Trustees and 1677 members of councils and committees shall be elected 1678 by the House of Delegates except as otherwise 1679 provided in these Bylaws. Voting shall be by ballot, 1680 except that when there is only one candidate for an 1681 office, council or committee, such candidate may be 1682 declared elected by the Speaker. The Secretary shall 1683 provide facilities for voting. The polls shall be open 1684 for at least one and one-half (1-1/2) hours. 1685 a. When one is to be elected, and more than one has 1686 been nominated, the majority of the ballots cast shall 1687 elect. In the event no candidate receives a majority 1688 of the votes cast on the first ballot, the two (2) 1689 candidates receiving the greatest number of votes 1690 shall be balloted upon again. 1691 b. When more than one is to be elected, and the 1692 nominees exceed the number to be elected, the votes 1693 cast shall be non-cumulative, and the candidates 1694 receiving the greatest number of votes shall be 1695 elected. 1696

CHAPTER VI • CONFLICT OF INTEREST

It is the policy of this Association that individuals 1697 who serve in elective, appointive or employed offices 1698 or positions do so in a representative or fiduciary 1699 capacity that requires loyalty to the Association. At 1700 all times while serving in such offices or 1701 positions, these individuals shall further the interests 1702 of the Association as a whole. In addition, they shall 1703 avoid: 1704 a. placing themselves in a position where personal or 1705 professional interests may conflict with their duty to 1706 this Association. 1707 b. using information learned through such office or 1708 position for personal gain or advantage. 1709 c. obtaining by a third party an improper gain or 1710 advantage. 1711 As a condition for selection, each nominee, 1712

candidate and applicant shall complete a conflict of 1713 interest statement as prescribed by the Board of 1714 Trustees, disclosing any situation which might be 1715

CHAPTER VI • CONFLICT OF INTEREST CHAPTER VII • BOARD OF TRUSTEES

Bylaws 39

construed as placing the individual in a position of 1716 having an interest that may conflict with his or her 1717 duty to the Association. Candidates for offices of 1718 President-elect, Second Vice President, Treasurer, 1719 Speaker of the House, nominees for office of trustee, 1720 and nominees to councils and commissions shall file 1721 such statements with the Secretary of the House of 1722 Delegates to be made available to the delegates prior 1723 to election. As a condition of appointment, 1724 consultants, advisers and staff of Councils, 1725 Commissions and Special Committees, and each 1726 person nominated or seeking such positions, shall file 1727 conflict of interest statements with the executive 1728 director of this Association. 1729 While serving in any elective, appointive or 1730

employed office or position, the individual shall 1731 comply with the conflict of interest policy applicable 1732 to his or her office or position, shall complete and file 1733 a conflict of interest statement for each year of 1734 service, and shall promptly report any situation in 1735 which a potential conflict of interest may arise. 1736 The Board of Trustees shall approve any additional 1737

compliance activities that will implement the 1738 requirements of this chapter. The Board of Trustees 1739 shall render a final judgment on what constitutes a 1740 conflict of interest. 1741

CHAPTER VII • BOARD OF TRUSTEES

Section 10. COMPOSITION: The Board of Trustees 1742 shall consist of one (1) trustee from each of the 1743 seventeen (17) trustee districts. Such seventeen (17) 1744 trustees, the President-elect and the two Vice 1745 Presidents shall constitute the voting membership of 1746 the Board of Trustees. In addition, the President, the 1747 Treasurer and the Executive Director of the 1748 Association, except as otherwise provided in the 1749 Bylaws shall be ex officio members of the Board 1750 without the right to vote. 1751

Section 20. QUALIFICATIONS: A trustee must be 1752 an active, life or retired member, in good standing, of 1753 this Association and an active, life, or retired member 1754 of one of the constituent societies of the trustee 1755 district which the trustee is elected to represent. 1756 Should the status of any trustee change in regard to 1757 the preceding qualifications during the trustee’s term 1758 of office, that office shall be declared vacant by the 1759 President and the President shall fill such vacancy as 1760 provided in Chapter VII, Section 80, of these Bylaws. 1761

Section 30. TERM OF OFFICE: The term of office of 1762 a trustee shall be four (4) years. The tenure of a 1763 trustee shall be limited to one (1) term of four (4) 1764 years.1765


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Section 40. NOMINATION: 1766 A. SINGLE CONSTITUENT DISTRICT. In trustee 1767 districts consisting of a single constituent dental 1768 society, the trustee nomination procedures shall be 1769 determined by an elective process established by the 1770 constituent dental society which shall produce a 1771 single nominee for trustee. Until such time as the 1772 Speaker declares the nominee elected pursuant to 1773 Paragraph A of Section 50 of this Chapter, the 1774 nomination may be reconsidered by the duly 1775 constituted caucus of the trustee district during the 1776 appropriate annual session, provided that at no time 1777 shall more than one nominee be presented by the 1778 trustee district for election. The House of Delegates 1779 may vote to reject any such nominee and thereby 1780 compel the trustee district caucus to select a different 1781 nominee. 1782

B. MULTIPLE CONSTITUENT DISTRICTS. In 1783 multiple constituent districts, the delegates from the 1784 constituent societies of the trustee district in which 1785 the term of the trustee is to terminate, shall hold a 1786 caucus to select a nominee or nominees for the office 1787 of trustee. Such caucus shall be called by the trustee 1788 whose term is about to expire, or by the trustee’s 1789 designee. The notice of the time and place of such 1790 caucus shall be reported to the Secretary of the 1791 House. 1792 At the caucus the delegates shall nominate one (1) 1793

or two (2) candidates for the office of trustee, whose 1794 name or names shall be presented to the House of 1795 Delegates in accordance with the following rules. An 1796 action taken at a duly constituted caucus of the trustee 1797 district to nominate or select a trustee may be 1798 reconsidered at a later caucus during the appropriate 1799 annual session. 1800 a. A person receiving the unanimous vote of the 1801 delegates present and voting at the caucus shall be 1802 the only nominee presented by the district. 1803 b. In the event that one (1) candidate receives a 1804 majority vote, one (1) or more of the delegates 1805 voting in the minority may select another nominee 1806 and the names of both nominees shall be presented 1807 to the House of Delegates as the nominees of that 1808 district. 1809 c. The number of votes received by each nominee in 1810 the caucus shall be reported to the House of 1811 Delegates. 1812

C. NOMINATING PROCEDURE. Candidates for the 1813 office of trustee shall be nominated from the floor of 1814 the House of Delegates by a simple declaratory 1815 statement, which may be followed by an acceptance 1816 speech not to exceed four (4) minutes by the 1817 candidate from the podium, according to the protocol 1818 established by the Speaker of the House of Delegates. 1819


Bylaws 41

Seconding a nomination is not permitted. 1820

Section 50. ELECTION: The trustee shall be elected 1821 by the House of Delegates according to the following 1822 rules: 1823

A. If there is only one (1) nominee from a trustee 1824 district, the Speaker shall declare such nominee 1825 elected. 1826

B. If there are two (2) nominees from a trustee 1827 district, the election shall be by ballot in accordance 1828 with Chapter V, Section 150. The nominee receiving 1829 the larger number of votes cast shall be declared 1830 elected. The method of election set forth in this 1831 paragraph shall not be used for any trustee district 1832 consisting of a single constituent dental society. A 1833 trustee district consisting of a single constituent 1834 dental society may present a single nominee to be 1835 elected pursuant to Paragraph A of this Section. 1836

Section 60. INSTALLATION: The trustee shall be 1837 installed by the President or by the President’s 1838 designee. 1839

Section 70. REMOVAL FOR CAUSE: The House of 1840 Delegates may remove a trustee for cause in 1841 accordance with procedures established by the House 1842 of Delegates, which procedures shall provide for 1843 notice of the charges and an opportunity for the 1844 accused to be heard in his or her defense. A two-1845 thirds (2/3) affirmative vote of the delegates present 1846 and voting is required to remove a trustee from office. 1847 If the House of Delegates elects to remove the trustee, 1848 that action shall create a vacancy on the Board of 1849 Trustees which shall be filled in accordance with 1850 Chapter VII, Section 80. 1851

Section 80. VACANCY: In the event of a vacancy in 1852 the office of trustee, an active, life or retired member 1853 may be appointed by the President to fill the 1854 unexpired term of the vacancy. The appointment shall 1855 be made by the President with the advice and consent 1856 of the former trustee’s district. A trustee district may 1857 file rules with the Association’s Executive Director 1858 setting forth how its nominee shall be chosen. In the 1859 event an appointment to fill the vacancy has not been 1860 made by the time of the next meeting of the House of 1861 Delegates following the occurrence of the vacancy, 1862 then a successor trustee shall be elected for the 1863 remainder of the unexpired term by the House of 1864 Delegates pursuant to the provisions of Chapter VII, 1865 Sections 40 and 50 of these Bylaws. If the term of the 1866 vacated trustee position has less than fifty percent 1867 (50%) of a full four-year term remaining at the time 1868 the successor trustee is appointed or elected, the 1869 successor trustee shall be eligible for election to a 1870 new, consecutive four-year term. If fifty percent 1871 (50%) or more of the vacated term remains to be 1872


Bylaws 42

served at the time of the appointment or election, the 1873 successor trustee shall not be eligible for another 1874 term. 1875

Section 90. POWERS: 1876 A. The Board of Trustees shall be the managing body 1877 of the Association, vested with full power to conduct 1878 all business of the Association, subject to the laws of 1879 the State of Illinois, the Articles of Incorporation, the 1880 Constitution and Bylaws and the mandates of the 1881 House of Delegates. The power of the Board of 1882 Trustees to act as the managing body of the 1883 Association shall not be construed as limiting the 1884 power of the House of Delegates to establish policy 1885 with respect to the governance of this Association in 1886 all its activities, except for areas expressly 1887 reserved in these Bylaws as powers and/or duties of 1888 the Board of Trustees, as the same may be amended 1889 by the House of Delegates from time to time in 1890 accordance with these Bylaws. 1891

B. It shall have the power to establish rules and 1892 regulations not inconsistent with these Bylaws to 1893 govern its organization and procedure. 1894

C. It shall have the power to direct the President to 1895 call a special session of the House of Delegates as 1896 provided in Chapter V, Section 80, of the Bylaws. 1897

D. It shall have full discretionary power to cause to be 1898 published in, or to be omitted from, any official 1899 publication of the Association any article in whole or 1900 in part. 1901

E. It shall have the power to establish ad interim 1902 policies when the House of Delegates is not in session 1903 and when such policies are essential to the 1904 management of the Association provided, however, 1905 that all such policies must be presented for review 1906 and consideration by the House of Delegates at its 1907 next session. 1908

F. It shall have the power to remove a council 1909 member for cause in accordance with procedures 1910 established by the Board of Trustees in its Rules. 1911

G. It shall have the power to elect honorary members. 1912

H. It shall have the power to appoint its members to 1913 committees that shall have the power to perform any 1914 duty that the Board of Trustees may lawfully 1915 delegate. 1916

I. It shall have the interim power to supervise, 1917 monitor and guide the activities of all councils and 1918 special committees in order to ensure the fulfillment 1919 of initiatives and directives assigned to each council 1920 or special committee by the House of Delegates or 1921 Board of Trustees subject to the requirement that all 1922 interim actions of the Board must be approved by the 1923


Bylaws 43

House of Delegates. 1924

J. In accordance with the laws of the State of Illinois, 1925 it shall have the power to transact its business by 1926 unanimous consent via mail ballot, including 1927 electronic mail; to authorize the councils, 1928 commissions and committees of this Association to 1929 transact their business by mail ballot; and to establish 1930 rules and procedures for itself and for councils, 1931 commissions and committees of this Association to 1932 govern the use of ballots circulated and returned by 1933 U.S. mail, overnight courier, facsimile transmission 1934 or electronic mail. 1935

K. It shall have the power to appoint agents and/or 1936 other representatives for the purpose of supervising, 1937 managing and otherwise conducting business under 1938 its direction and in accordance with these Bylaws and 1939 the laws of the State of Illinois. No such appointment 1940 shall relieve the Board of Trustees of its fiduciary 1941 duties as the managing body of the Association as 1942 provided in these Bylaws. 1943

Section 100. DUTIES: It shall be the duty of the 1944 Board of Trustees: 1945

A. To provide for the purchase, sale, mortgage, 1946 maintenance and supervision of the Headquarters 1947 Office and all other property or offices owned or 1948 operated by this Association. 1949

B. To appoint the Executive Director of the 1950 Association. 1951

C. To determine the date and place for convening 1952 each annual session and provide for the management 1953 and general arrangements for each annual session as 1954 provided in Chapter XV, Section 30. 1955

D. To cause to be bonded by a surety company the 1956 Treasurer, the Executive Director and employees of 1957 the Association entrusted with Association funds. 1958

E. To provide guidelines and directives to govern the 1959 Treasurer’s custody, investment and disbursement of 1960 Association funds and other property as provided in 1961 Chapter VIII, Section 90F, of these Bylaws; and to 1962 cause all accounts of the Association to be audited by 1963 a certified public accountant at least once a year. 1964

F. To prepare a budget for carrying on the activities 1965 of the Association for each ensuing fiscal year, and 1966 present for action by each House of Delegates a 1967 resolution setting forth the proposed dues of active 1968 members for the following year. Notice of such a 1969 resolution shall be sent by a certifiable method of 1970 delivery to each constituent society not less than 1971 ninety (90) days before such session to permit 1972 prompt, adequate notice by each constituent society to 1973 its delegates and alternate delegates to the House of 1974


Bylaws 44

Delegates of this Association, and shall be announced 1975 to the general membership in an official publication 1976 of the Association at least sixty (60) days in advance 1977 of the annual session. 1978

G. To establish rules to govern its procedures in 1979 serving as the nominating committee for the office of 1980 Treasurer, and as provided in Chapter VIII of these 1981 Bylaws, to submit in printed form the name(s) and 1982 curriculum vitae of the Board’s nominee(s) to the 1983 House of Delegates in the first mailing to the House 1984 in the year that the incumbent Treasurer’s term is 1985 about to end. 1986

H. To submit to the House of Delegates at the 1987 opening meeting of the annual session, in printed 1988 form, nominations for membership to the councils, 1989 except as otherwise provided in these Bylaws. 1990

I. To appoint annually the chair of each council, 1991 except as otherwise provided in these Bylaws, and to 1992 act upon council, commission, and bureau 1993 nominations for consultants and advisers except as 1994 otherwise provided in these Bylaws. 1995

J. To provide interim guidance and supervision to all 1996 councils and special committees in order to ensure the 1997 fulfillment of initiatives and directives assigned to 1998 each council or special committee by the House of 1999 Delegates or Board of Trustees. 2000

K. To review the reports of councils and special 2001 committees of the Association and to make 2002 recommendations concerning such reports to the 2003 House of Delegates. 2004

L. To act upon applications for active membership 2005 from applicants practicing in dependencies of the 2006 United States in which no constituent society exists or 2007 in federal dental services. 2008

M. To submit an annual report to the House of 2009 Delegates of its activities and those of the Treasurer 2010 and Executive Director. 2011

N. To review the delegate allocations to the House of 2012 Delegates as provided in Chapter V, Section 10C, of 2013 these Bylaws. 2014

O. To elect associate members. 2015

P. To establish other funds as divisions of the General 2016 Fund in accordance with the provisions of Chapter 2017 XVII, Section 30. 2018

Q. To appoint special committees of the Association 2019 in accordance with Chapter XI, Section 10 of these 2020 Bylaws. 2021

R. To perform such other duties as are prescribed by 2022 these Bylaws. 2023


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S. To establish such administrative agencies of this 2024 Association as may be necessary to implement the 2025 Association’s programs, to assign the duties of such 2026 agencies through the Executive Director of the 2027 Association under whose jurisdiction each shall 2028 operate, and to require reports of such agencies 2029 through the same channels. 2030

Section 110. SESSIONS: 2031

A. REGULAR SESSIONS. The Board of Trustees 2032 shall hold a minimum of three regular sessions each 2033 year. The number of actual regular meetings to be 2034 held in excess of three for the ensuing year shall be 2035 determined in advance by the Board of Trustees. 2036

B. SPECIAL SESSIONS. Special sessions of the 2037 Board of Trustees may be called at any time either by 2038 the President or at the request of five voting members 2039 of the Board, provided notice is given to each 2040 member in advance of the session. 2041

C. PLACE OF MEETINGS: Regular or special 2042 meetings may be held in a single geographic location 2043 within or outside the state of Illinois or from multiple 2044 remote locations through the use of a conference 2045 telephone or other communications equipment by 2046 means of which all members can communicate with 2047 each other; provided, however, special meetings held 2048 through the use of a conference telephone or other 2049 communications equipment may be called by the 2050 President or at the request of five voting members of 2051 the Board of Trustees for matters of the Association 2052 requiring immediate attention. Such meetings shall be 2053 conducted in accordance with rules and procedures 2054 established by the Board of Trustees. 2055

Section 120. QUORUM: A majority of the voting 2056 members of the Board of Trustees shall constitute a 2057 quorum. 2058

Section 130. OFFICERS: 2059

A. CHAIR AND SECRETARY. The officers of the 2060 Board of Trustees shall be the President of the 2061 Association who shall be the Chair, and the Executive 2062 Director of the Association who shall be the 2063 Secretary. 2064 In the absence of the President, the office of Chair 2065

shall be filled by the President-elect and, in his or her 2066 absence, by the First or Second Vice President in that 2067 order and, in their absence, a voting member of the 2068 Board shall be elected Chair pro tem. 2069 In the absence of the Secretary, the Chair shall 2070

appoint a Secretary pro tem. 2071

B. DUTIES. 2072 a. CHAIR. The Chair shall preside at all meetings of 2073 the Board of Trustees. The Chair shall cast the 2074 deciding vote in case of a tie. 2075


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b. SECRETARY. The Secretary shall serve as the 2076 recording officer of the Board of Trustees and as the 2077 custodian of its records. The Secretary shall cause a 2078 factual record of the proceedings to be published as 2079 the official transactions of the Board. 2080

Section 140. COMMITTEES: The Board of Trustees 2081 shall have a standing Committee on the New Dentist. 2082 The Committee shall consist of one (1) member from 2083 each trustee district who are active members selected 2084 by the Board of Trustees and confirmed by the House 2085 of Delegates. Members of the Committee shall have 2086 received their D.D.S. or D.M.D. degree less than ten 2087 (10) years before the time of selection. The chair of 2088 the Committee shall be appointed annually by the 2089 Board of Trustees. 2090

Members of the Committee shall serve one (1) term 2091 of four (4) years and shall not be eligible for 2092 appointment to a council or commission for a period 2093 of two (2) years after completing service on the 2094 Committee. However, the Board of Trustees shall 2095 stagger the terms of the members of the Committee in 2096 a manner so four (4) members will complete their 2097 terms each year, except every fourth year when five 2098 (5) members shall complete their terms. 2099 The Board of Trustees shall have the power to 2100

remove a Committee member for cause in accordance 2101 with procedures established by the Board in its Rules. 2102 In the event of any vacancy on the Committee, the 2103 Board of Trustees shall select a member of this 2104 Association possessing the same qualifications as 2105 established by these Bylaws for the previous member, 2106 to fill such vacancy for the remainder of the 2107 unexpired term. If the term of the vacated Committee 2108 position has less than fifty percent (50%) of a full 2109 four-year term remaining at the time the successor 2110 member is selected, the successor member shall be 2111 eligible for selection to a new, consecutive four-year 2112 term. If fifty percent (50%) or more of the vacated 2113 term remains to be served at the time of selection, the 2114 successor member shall not be eligible for another 2115 term. 2116 The Committee’s work shall be assigned by the 2117

Board of Trustees, and reports and proposals 2118 formulated by the Committee shall be referred to the 2119 Board for decision and action. The duties of the 2120 Committee shall be: 2121 a. To provide the Board of Trustees with expertise 2122 on issues affecting new dentists less than ten years 2123 following graduation from dental school. 2124 b. To advocate to the Board of Trustees and other 2125 agencies of this Association the perspectives of the 2126 new dentist in the development of policies, 2127 programs, benefits and services of the Association. 2128 c. To identify the needs and concerns of new 2129 graduate dentists and make recommendations for 2130

CHAPTER VII • BOARD OF TRUSTEES CHAPTER VIII • ELECTIVE OFFICERS

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any programs to assist with their transition to 2131 practice. 2132 d. To stimulate the increased involvement and active 2133 participation of new dentists in organized dentistry. 2134 e. To serve as ex officio members, without the power 2135 to vote, of councils and commissions of this 2136 Association on issues affecting new dentists; these 2137 appointments will be recommended by the 2138 Committee and assigned by the Board of Trustees. 2139 f. To enhance communications with constituent and 2140 component new/young dentist networks. 2141

CHAPTER VIII • ELECTIVE OFFICERS

Section 10. TITLE: The elective officers of this 2142 Association shall be President, President-elect, First 2143 Vice President, Second Vice President, Treasurer and 2144 Speaker of the House of Delegates, as provided in 2145 Article V of the Constitution. 2146

Section 20. ELIGIBILITY: Only an active, life or 2147 retired member, in good standing, of this Association 2148 shall be eligible to serve as an elective officer. 2149 Trustees and elective officers may not apply for the 2150 office of Treasurer while serving in any of those 2151 offices, except that the Treasurer may apply for a 2152 second term pursuant to Chapter VIII, Section 50 of 2153 these Bylaws. 2154

Section 30. NOMINATIONS: 2155

A. Nominations for the offices of President-elect, 2156 Second Vice President and Speaker of the House shall 2157 be made in accordance with the order of business. 2158 Candidates for these elective offices shall be 2159 nominated from the floor of the House of Delegates 2160 by a simple declaratory statement, which may be 2161 followed by an acceptance speech not to exceed four 2162 (4) minutes by the candidate from the podium, 2163 according to the protocol established by the Speaker 2164 of the House of Delegates. Seconding a nomination is 2165 not permitted. 2166

B. Nominations for the office of Treasurer shall be 2167 made in accordance with the order of business. If 2168 there is only one (1) eligible candidate for the office 2169 of Treasurer, the Board of Trustees shall nominate 2170 that individual from the floor of the House of 2171 Delegates by a simple declaratory statement, which 2172 may be followed by an acceptance speech not to 2173 exceed four (4) minutes by the candidate from the 2174 podium, according to the protocol established by the 2175 Speaker of the House of Delegates. If there are two 2176 (2) or more eligible candidates for the office of 2177 Treasurer, the Board of Trustees shall nominate at 2178 least two (2) and not more than three (3) candidates 2179 from the floor of the House of Delegates by a simple 2180 declaratory statement for each nominee, which may 2181


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be followed by an acceptance speech not to exceed 2182 four (4) minutes by the candidate from the podium, 2183 according to the protocol established by the Speaker 2184 of the House of Delegates. Seconding a nomination is 2185 not permitted. 2186

Section 40. ELECTIONS: The elective officers shall 2187 be elected in accordance with Chapter V, Section 150. 2188

Section 50. TERM OF OFFICE: The President, 2189 President-elect, First Vice President, Second Vice 2190 President and Speaker of the House of Delegates shall 2191 serve for a term of one (1) year, except as otherwise 2192 provided in this chapter of the Bylaws, or until their 2193 successors are elected and installed. The term of 2194 office of the Treasurer shall be three (3) years, or 2195 until a successor is elected and installed. The 2196 Treasurer shall be limited to two (2) consecutive 2197 terms of three (3) years each. 2198

Section 60. INSTALLATION: The elective officers 2199 shall be installed at the last meeting of the annual 2200 session of the House of Delegates. The President-2201 elect shall be installed as President at the next annual 2202 session of the House following election. The Second 2203 Vice President shall be installed as First Vice 2204 President at the next annual session of the House 2205 following election. 2206

Section 70. REMOVAL FOR CAUSE: The House of 2207 Delegates may remove an elective officer for cause in 2208 accordance with procedures established by the House 2209 of Delegates, which shall include notice of the 2210 charges and an opportunity for the accused to be 2211 heard in his or her defense. A two-thirds (2/3) 2212 affirmative vote of the delegates present and voting is 2213 required to remove an elective officer from office. If 2214 the House of Delegates elects to remove the elective 2215 officer, that action shall create a vacancy which shall 2216 be filled in accordance with Chapter VIII, Section 80. 2217

Section 80. VACANCIES: 2218

A. VACANCY OF ELECTIVE OFFICE: In the event 2219 the office of President becomes vacant, the President-2220 elect shall become President for the unexpired portion 2221 of the term. In the event the office of President 2222 becomes vacant for the second time in the same term 2223 or at a time when the office of President-elect is also 2224 vacant, the First Vice President shall become 2225 President for the unexpired portion of the term. In the 2226 event the office of First Vice President becomes 2227 vacant, the Second Vice President shall become the 2228 First Vice President for the unexpired portion of the 2229 term. A vacancy in the office of the Second Vice 2230 President shall be filled by a majority vote of the 2231 Board of Trustees. In the event of a vacancy in the 2232 office of Speaker of the House of Delegates, the 2233


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President, with approval of the Board of Trustees, 2234 shall appoint a Speaker pro tem. In the event 2235 the office of President-elect becomes vacant by 2236 reason other than the President-elect succeeding to 2237 the office of the President earlier than the next annual 2238 session, the office of President for the ensuing year 2239 shall be filled at the next annual session of the House 2240 of Delegates in the same manner as that provided for 2241 the nomination and election of elective officers, 2242 except that the ballot shall read “President for the 2243 Ensuing Year.” A vacancy in the office of Treasurer 2244 shall be filled by a majority vote of the Board of 2245 Trustees until the process of inviting applications, 2246 screening and nominating candidates and electing a 2247 new Treasurer has been completed by the Board of 2248 Trustees and the House of Delegates. The Treasurer 2249 pro tem shall be eligible for election to a new 2250 consecutive three (3) year term. The newly elected 2251 Treasurer shall be limited to two (2) consecutive 2252 terms of three (3) years each. 2253

B. TEMPORARY INCAPACITY OF THE 2254 PRESIDENT: Whenever the President notifies the 2255 Board of Trustees that he or she is unable to discharge 2256 the duties of the office of President due to temporary 2257 incapacity, the President-elect shall assume the duties 2258 of the office of President, as Acting President, until 2259 the President notifies the Board of Trustees that he or 2260 she is prepared to resume the duties of the office of 2261 President. Whenever the voting members of the 2262 Board of Trustees of this Association determine by 2263 majority vote that the President is unable to discharge 2264 the duties of his or her office due to temporary 2265 incapacity, the President-elect shall assume the duties 2266 of the office of President, as Acting President, until 2267 the President satisfies the voting members of the 2268 Board of Trustees that he or she is prepared to resume 2269 the duties of the office of President. 2270

Section 90. DUTIES: 2271

A. PRESIDENT. It shall be the duty of the President: 2272 a. To serve as the primary official representative of 2273 this Association in its contacts with governmental, 2274 civic, business and professional organizations for 2275 the purpose of advancing the objectives and policies 2276 of this Association. 2277 b. To serve as Chair and ex officio member of the 2278 Board of Trustees and to perform such duties as are 2279 provided in Chapters V and VII of these Bylaws. 2280 c. To call special sessions of the House of Delegates 2281 and the Board of Trustees as provided in Chapters V 2282 and VII of these Bylaws. 2283 d. To appoint the members of all committees of the 2284 House of Delegates except as otherwise provided in 2285 these Bylaws. 2286 e. To fill vacancies in the office of trustee as 2287


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provided in Chapter VII, Section 80, of these Bylaws 2288 and to fill other vacancies in accordance with these 2289 Bylaws. 2290 f. To submit an annual report to the House of 2291 Delegates. 2292 g. To perform such other duties as may be provided 2293 in these Bylaws. 2294

B. PRESIDENT-ELECT. It shall be the duty of the 2295 President-elect: 2296 a. To assist the President as requested. 2297 b. To serve as an ex officio member of the House of 2298 Delegates without the right to vote. 2299 c. To serve as an ex officio member of the Board of 2300 Trustees. 2301 d. To succeed to the office of President at the next 2302 annual session of the House of Delegates following 2303 election as President-elect. 2304 e. To succeed immediately to the office of President 2305 in the event of vacancy not only for the unexpired 2306 term but also for the succeeding year. 2307

C. FIRST VICE PRESIDENT. It shall be the duty of 2308 the First Vice President: 2309 a. To assist the President as requested. 2310 b. To serve as an ex officio member of the House of 2311 Delegates without the right to vote. 2312 c. To serve as an ex officio member of the Board of 2313 Trustees. 2314 d. To succeed to the office of President, as provided 2315 in this chapter of the Bylaws. 2316

D. SECOND VICE PRESIDENT. It shall be the duty 2317 of the Second Vice President: 2318 a. To assist the President as requested. 2319 b. To serve as an ex officio member of the House of 2320 Delegates without the right to vote. 2321 c. To serve as an ex officio member of the Board of 2322 Trustees. 2323 d. To succeed to the office of First Vice President at 2324 the next annual session of the House of Delegates 2325 following election as Second Vice President. 2326 e. To succeed immediately to the office of First Vice 2327 President in the event of vacancy not only for the 2328 unexpired term but also for the succeeding term. 2329

E. SPEAKER OF THE HOUSE OF DELEGATES. 2330 The Speaker shall preside at the meetings of the 2331 House of Delegates and shall perform such duties as 2332 custom and parliamentary procedure require. The 2333 Speaker shall not be a member of the Board of 2334 Trustees. 2335

F. TREASURER. It shall be the duty of the 2336 Treasurer: 2337 a. To serve as custodian of all monies, securities and 2338 deeds belonging to the Association which may come 2339 into the Treasurer’s possession. 2340

CHAPTER VIII • ELECTIVE OFFICERS CHAPTER IX • APPOINTIVE OFFICER

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b. To hold, invest and disburse all monies, securities 2341 and deeds, subject to the direction of the Board of 2342 Trustees. 2343 c. To design a budgetary process in concert with the 2344 Board of Trustees. 2345 d. To oversee Association finances and budget 2346 development. 2347 e. To serve as the principal resource person for the 2348 budget reference committee in the House of 2349 Delegates and to help interpret the Association’s 2350 finances for the membership. 2351 f. To review all financial information and data and 2352 report on financial matters to the Board of Trustees 2353 on a quarterly basis. 2354 g. To review travel reimbursement for the elective 2355 officers, trustees and Executive Director. 2356 h. To perform such other duties as may be provided 2357 in these Bylaws. 2358

CHAPTER IX • APPOINTIVE OFFICER

Section 10. TITLE: The appointive officer of this 2359 Association shall be an Executive Director, as 2360 provided in Article V of the Constitution. 2361

Section 20. APPOINTMENTS: While any active, life 2362 or retired member in good standing may be appointed 2363 to the office of Executive Director, the Board of 2364 Trustees may appoint a qualified individual who is 2365 not eligible for membership in this Association. 2366

Section 30. TERM OF OFFICE AND SALARY: The 2367 Board of Trustees shall determine the salary, if any, 2368 and the tenure of the Executive Director, which shall 2369 not exceed three (3) years. The completion of the full 2370 term of any appointment shall be at the discretion of 2371 the Board of Trustees. 2372

Section 40. DUTIES: The Executive Director shall be 2373 the principal agent of the Board of Trustees and 2374 elective officers. As agent and under the direction of 2375 the Board of Trustees and elective officers, the 2376 Executive Director shall be the chief operating officer 2377 of this Association and all its branches. In this 2378 capacity, the Executive Director shall (a) preserve and 2379 protect the Constitution and Bylaws and the standing 2380 rules of this Association; (b) facilitate the activities of 2381 the officers and trustees of this Association in 2382 carrying out their respective administrative 2383 responsibilities under these Bylaws; (c) engage the 2384 staff of this Association and direct and coordinate 2385 their activities; (d) provide leadership in the 2386 formulation and recommendation of new 2387 policies to the Board of Trustees and elective officers; 2388 (e) oversee the management of Association policies 2389 that have been adopted by the Board of Trustees 2390 and/or the House of Delegates; (f) assist the Board of 2391

CHAPTER IX • APPOINTIVE OFFICER CHAPTER X • COUNCILS

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Trustees in supervising, monitoring and providing 2392 guidance to all Association councils, commissions 2393 and committees in regard to their administrative 2394 functions and specific assignments, and to 2395 systematize the preparation of their reports, and to 2396 encourage the exchange of information concerning 2397 mutual interests and issues between councils, 2398 committees and commissions; (g) maintain effective 2399 internal and external relationships through frequent 2400 and comprehensive communication with all officers 2401 and trustees of this Association, the leadership of 2402 related dental organizations, and representatives from 2403 other leading public and private organizations that 2404 interact with this Association; and (h) perform such 2405 other duties as are prescribed by these Bylaws. 2406

CHAPTER X • COUNCILS

Section 10. NAME: The councils of this Association 2407 shall be: 2408

Council on Access, Prevention and Interprofessional 2409 Relations 2410 Council on ADA Sessions 2411 Council on Communications 2412 Council on Dental Benefit Programs 2413 Council on Dental Education and Licensure 2414

Council on Dental Practice 2415 Council on Ethics, Bylaws and Judicial Affairs 2416 Council on Government Affairs 2417 Council on Members Insurance and Retirement 2418 Programs 2419 Council on Membership 2420 Council on Scientific Affairs 2421

Section 20. MEMBERS, SELECTIONS, 2422 NOMINATIONS AND ELECTIONS: 2423

A. The composition of the councils of this 2424 Association shall be as follows: In addition, a council 2425 may request an additional member who shall be a 2426 nonpracticing dentist member appointed in 2427 accordance with Chapter I, Section 20Db of these 2428 Bylaws. Council on Access, Prevention and 2429 Interprofessional Relations shall be composed of one 2430 (1) member from each trustee district whose terms of 2431 office shall be staggered in such a manner that four 2432 (4) members will complete their terms each year 2433 except every fourth year when five (5) members shall 2434 complete their terms. In addition, there shall be one 2435 (1) member who is a physician and one (1) member 2436 who is a health care facility administrator nominated 2437 by the Board of Trustees. 2438

Council on ADA Sessions shall be composed of one 2439 (1) member from each trustee district whose terms of 2440 office shall be staggered in such a manner that four 2441


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(4) members will complete their terms each year 2442 except every fourth year when five (5) members shall 2443 complete their terms. In addition, the General Chair 2444 of the Local Arrangements Committee for the current 2445 year and the General Chair-elect for the succeeding 2446 year shall serve as ex officio members with the right 2447 to vote and shall not be eligible to serve as Council 2448 Chair. 2449

Council on Communications shall be composed of 2450 one (1) member from each trustee district whose 2451 terms of office shall be staggered in such a manner 2452 that four (4) members will complete their terms each 2453 year except every fourth year when five (5) members 2454 shall complete their terms. 2455

Council on Dental Benefit Programs shall be 2456 composed of one (1) member from each trustee 2457 district whose terms of office shall be staggered in 2458 such a manner that four (4) members will complete 2459 their terms each year except every fourth year when 2460 five (5) members shall complete their terms. 2461

Council on Dental Education and Licensure shall be 2462 composed of sixteen (16) members selected as 2463 follows: 2464 a. Nominations and Selection. 2465 (1) Eight (8) members shall be nominated by the 2466 Board of Trustees on a rotational system by trustee 2467 district from the active, life or retired members of 2468 this Association, no one of whom shall be a full-2469 time member of a faculty of a school of dentistry or 2470 a member of a state board of dental examiners or 2471 jurisdictional dental licensing agency. A person 2472 shall be considered to be a full-time member of a 2473 faculty if he or she works for the school of dentistry 2474 more than two (2) days or sixteen (16) hours per 2475 week. 2476 (2) Four (4) members who are active, life or retired 2477 members of this Association shall be selected by the 2478 American Association of Dental Examiners from the 2479 active membership of that body, no one of whom 2480 shall be a member of a faculty of a school of 2481 dentistry. 2482 (3) Four (4) members who are active, life or retired 2483 members of this Association shall be selected by the 2484 American Dental Education Association from its 2485 active membership. These members shall hold 2486 positions of professorial rank in dental schools 2487 accredited by the Commission on Dental 2488 Accreditation and shall not be members of any state 2489 board of dental examiners or jurisdictional dental 2490 licensing agency. 2491 b. Election. The eight (8) members of the Council 2492 on Dental Education and Licensure nominated by 2493 the Board of Trustees shall be elected by the House 2494 of Delegates from nominees selected in accordance 2495


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with this section. 2496 c. Committees. The Council on Dental Education 2497 and Licensure shall establish a standing Committee 2498 on Dental Education and Educational Measurements 2499 and a standing Committee on Licensure, each 2500 consisting of eight (8) members selected by the 2501 Council. The Council may establish additional 2502 committees when they are deemed essential to carry 2503 out the duties of this Council. 2504

Council on Dental Practice shall be composed of one 2505 (1) member from each trustee district whose terms of 2506 office shall be staggered in such a manner that four 2507 (4) members will complete their terms each year 2508 except every fourth year when five (5) members shall 2509 complete their terms. 2510

Council on Ethics, Bylaws and Judicial Affairs shall 2511 be composed of one (1) member from each trustee 2512 district whose terms of office shall be staggered in 2513 such a manner that four (4) members will complete 2514 their terms each year except every fourth year when 2515 five (5) members shall complete their terms. 2516

Council on Government Affairs shall be composed of 2517 one (1) member from each trustee district whose 2518 terms of office shall be staggered in such a manner 2519 that four (4) members will complete their terms each 2520 year except every fourth year when five (5) members 2521 shall complete their terms. In addition, the chair of 2522 the political action committee shall be an ex officio 2523 member of the Council without the power to vote. 2524 Consideration shall be given to a candidate’s 2525 experience in the military or other federal dental 2526 services. Members of the Council shall not be in the 2527 full-time employ of the federal government. 2528 Individuals called to active duty from the military 2529 reserves or national guard forces, providing such 2530 active duty has not been requested by the individual, 2531 shall not be considered to be in the full-time employ 2532 of the federal government. 2533

Council on Members Insurance and Retirement 2534 Programs shall be composed of one (1) member from 2535 each trustee district whose terms of office shall be 2536 staggered in such a manner that four (4) members will 2537 complete their terms each year except every fourth 2538 year when five (5) members shall complete their 2539 terms. 2540

Council on Membership shall be composed of one (1) 2541 member from each trustee district whose terms of 2542 office shall be staggered in such a manner that four 2543 (4) members will complete their terms each year 2544 except every fourth year when five (5) members shall 2545 complete their terms. 2546

Council on Scientific Affairs shall be composed of 2547 sixteen (16) members who shall be selected from 2548


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nominations open to all trustee districts, and the 2549 current recipient of the Gold Medal Award for 2550 Excellence in Dental Research. 2551

B. Nominations for all councils shall be made by the 2552 Board of Trustees except as otherwise provided in 2553 these Bylaws. The Board of Trustees shall adhere to 2554 the systems of nominations provided in Chapter X, 2555 Section 20A of these Bylaws*. The House of 2556 Delegates may make additional nominations pursuant 2557 to the systems for council nominations provided in 2558 Chapter X, Section 20A of these Bylaws. The elective 2559 and appointive officers and the trustees of this 2560 Association shall not serve as members of councils. 2561 Members of councils shall be elected by the House of 2562 Delegates in accordance with Chapter V, Section 150 2563 except as otherwise provided in these Bylaws. 2564

C. REMOVAL FOR CAUSE. The Board of Trustees 2565 may remove a council member for cause in 2566 accordance with procedures established by the Board 2567 of Trustees, which procedures shall provide for notice 2568 of the charges, including allegations of the conduct 2569 purported to constitute each violation, and a decision 2570 in writing which shall specify the findings of fact 2571 which substantiate any and all of the charges, and that 2572 prior to issuance of the decision of the Board of 2573 Trustees, no council member shall be excused from 2574 attending any meeting of a council unless there is an 2575 opportunity to be heard or compelling reasons exist 2576 which are specified in writing by the Board of 2577 Trustees. 2578

Section 30. ELIGIBILITY: 2579

A. All members of councils must be active, life, 2580 retired or nonpracticing dentist members in good 2581 standing of this Association except as otherwise 2582 provided in these Bylaws. 2583

B. No member of a council may serve concurrently as 2584 a member of another council or commission. 2585

* In order to establish the required pattern of four, four, four and five members respectively retiring from councils and commissions each year, members of councils and commissions from the new 5th and 17th districts who are in office at the time this footnote becomes effective shall finish their terms in accordance with their scheduled term completion dates. Councils and commissions that have incumbent members from the new 5th district shall add a new member from the 17th district to a full four-year term. Councils and commissions that have incumbent members from the new 17th district shall add a new member from the new 5th district to a full four-year term.


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* In order to establish the required pattern of four, 2586 four, four and five members respectively retiring from 2587 councils and commissions each year, members of 2588 councils and commissions from the new 5th and 17th 2589 districts who are in office at the time this footnote 2590 becomes effective shall finish their terms in 2591 accordance with their scheduled term completion 2592 dates. Councils and commissions that have incumbent 2593 members from the new 5th district shall add a new 2594 member from the 17th district to a full four-year term. 2595 Councils and commissions that have incumbent 2596 members from the new 17th district shall add a new 2597 member from the new 5th district to a full four-year 2598 term. 2599

C. A member of the Council on Dental Education and 2600 Licensure who was selected by the American 2601 Association of Dental Examiners and who is no 2602 longer an active member of the American Association 2603 of Dental Examiners, may continue as a member of 2604 the Council for the balance of that member’s term. 2605

D. When a member of the Council on Dental 2606 Education and Licensure who was selected by the 2607 American Dental Education Association, shall cease 2608 to be a member of the faculty of a member school of 2609 that Association, such membership on either council 2610 shall terminate, and the President of the Association 2611 shall declare the position vacant. 2612

E. To be eligible to serve on the Council on Scientific 2613 Affairs, the current recipient of the Gold Medal 2614 Award for Excellence in Dental Research shall be an 2615 active, life, retired or nonpracticing dentist* member 2616 in good standing of this Association if the current 2617 recipient qualifies for such membership. 2618

Section 40. CHAIRS: One member of each council 2619 shall be appointed annually by the Board of Trustees 2620 to serve as chair with exception of the Council on 2621 Dental Education and Licensure. The Chair of the 2622 Council on Dental Education and Licensure shall be 2623 appointed from nominations submitted by the 2624 Council. 2625

Section 50. CONSULTANTS, ADVISERS AND 2626 STAFF: 2627

A. CONSULTANTS AND ADVISERS. Each council 2628 shall have the authority to nominate consultants and 2629

* The eligibility requirement for nonpracticing dentist membership shall take effect upon completion of the 2006 Gold Medal Award for Excellence in Dental Research recipient’s term on the Council on Scientific Affairs.


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advisers in conformity with rules and regulations 2630 established by the Board of Trustees except as 2631 otherwise provided in these Bylaws. 2632

B. STAFF. The Executive Director shall employ the 2633 staff of councils, in the event they are employees, and 2634 shall select the titles for council staff positions. 2635

Section 60. TERM OF OFFICE: The term of office of 2636 members of councils shall be four (4) years except as 2637 otherwise provided in these Bylaws. The tenure of a 2638 member of a council shall be limited to one (1) term 2639 of four (4) years except as otherwise provided in 2640 these Bylaws. A member shall not be eligible for 2641 appointment to another council or commission for a 2642 period of two (2) years after completing a previous 2643 council appointment. The physician and the health 2644 care facility administrator, nominated by the Board of 2645 Trustees for membership on the Council on Access, 2646 Prevention and Interprofessional Relations, shall be 2647 elected for a one (1) year term; however, such 2648 member shall not be limited as to the number of 2649 consecutive one (1) year terms that he or she may 2650 serve. The current recipient of the Gold Medal Award 2651 for Excellence in Dental Research shall serve on the 2652 Council on Scientific Affairs until the award is 2653 bestowed on the next honoree. 2654 * The eligibility requirement for nonpracticing dentist 2655 membership shall take effect upon completion of the 2656 2006 Gold Medal Award for Excellence in Dental 2657 Research recipient’s term on the Council on Scientific 2658 Affairs. 2659

Section 70. VACANCY: In the event of a vacancy in 2660 the membership of any council, the President shall 2661 appoint a member of the Association possessing the 2662 same qualifications as established by these Bylaws for 2663 the previous member, to fill such vacancy until a 2664 successor is elected by the next House of Delegates 2665 for the remainder of the unexpired term. In the event 2666 such vacancy involves the chair of the council, the 2667 President shall have the power to appoint an ad 2668 interim chair. In the event it is the current recipient of 2669 the Gold Medal Award for Excellence in Dental 2670 Research who cannot serve on the Council on 2671 Scientific Affairs, the President, in consultation with 2672 the Board of Trustees, shall have the power to appoint 2673 a prominent research scientist who shall serve until 2674 the award is bestowed on the next honoree. 2675 If the term of the vacated council position has less 2676

than fifty percent (50%) of a full four-year term 2677 remaining at the time the successor member is 2678 appointed or elected, the successor member shall be 2679 eligible for election to a new, consecutive four-year 2680 term. If fifty percent (50%) or more of the vacated 2681 term remains to be served at the time of the 2682 appointment or election, the successor member shall 2683


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not be eligible for another term. 2684

Section 80. MEETINGS OF COUNCILS. Each 2685 council shall hold at least one regular meeting 2686 annually, provided that funds are available in the 2687 budget for that purpose and unless otherwise directed 2688 by the Board of Trustees. Meetings may be held in 2689 the Headquarters Building, the Washington Office or 2690 from multiple remote locations through the use of a 2691 conference telephone or other communications 2692 equipment by means of which all members can 2693 communicate with each other. Such meetings shall be 2694 conducted in accordance with rules and procedures 2695 established by the Board of Trustees. 2696

Section 90. QUORUM: Except as otherwise provided 2697 in these Bylaws, a majority of the members of any 2698 council shall constitute a quorum. 2699

Section 100. PRIVILEGE OF THE FLOOR: Chairs 2700 and members of councils who are not members of the 2701 House of Delegates shall have the right to participate 2702 in the debate on their respective reports but shall not 2703 have the right to vote. 2704

Section 110. ANNUAL REPORT AND BUDGET: 2705

A. ANNUAL REPORT. Each council shall submit, 2706 through the Executive Director, an annual report to 2707 the House of Delegates and a copy thereof to the 2708 Board of Trustees. 2709

B. PROPOSED BUDGET. Each council shall submit 2710 to the Board of Trustees, through the Executive 2711 Director, a proposed itemized budget for the ensuing 2712 fiscal year. 2713


A. COUNCIL ON ACCESS, PREVENTION AND 2715 INTERPROFESSIONAL RELATIONS. The duties 2716 of the Council shall be: 2717 a. To foster improvement in the health of the public 2718 in matters of access to care, prevention of disease and 2719 interprofessional relations by appropriate programs. 2720 b. To recommend policies and formulate programs 2721 relating to community oral health, including access to 2722 care, oral health planning, dental health personnel 2723 resources, preventive dentistry, fluoridation and 2724 nutrition issues. 2725 c. To evaluate for the Association trends in dental 2726 public health and access to care that enhance oral 2727 health on a community level, including public/private 2728 partnerships, tobacco use prevention, volunteerism, 2729 oral cancer prevention and community caries 2730 prevention. 2731 d. To assist constituent and component societies, 2732 public health agencies and others in the management 2733 and coordination of local resources or programs for 2734 access to care, preventive dentistry and other 2735


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community health programs. 2736 e. To promote the Association’s position and 2737 maintain liaison with oral health agencies and special 2738 interest organizations regarding access to care, 2739 community oral health and dental health personnel 2740 issues. 2741 f. To serve as liaison for the Association with The 2742 Joint Commission and with corporate members of 2743 The Joint Commission and other national health care 2744 organizations. 2745 g. To recommend policy on issues pertaining to the 2746 relationship of dentistry to medicine, including 2747 interdisciplinary patient management, dentist-2748 physician relations, the oral health needs of medically 2749 compromised patients and the role of physical 2750 evaluation and medical risk management in dental 2751 practice. 2752 h. To conduct activities to improve the health 2753 outcomes of patients requiring cooperative dental-2754 medical management. 2755 i. To conduct activities to increase patient access to 2756 dental care, including assessing public and private 2757 dental access programs and advising other 2758 Association agencies charged with recommending 2759 policy and legislation on access to care. 2760 j. To conduct activities to increase access to the 2761 benefits of cooperative dental-medical management 2762 in hospitals, ambulatory care centers, long-term care 2763 facilities and other interdisciplinary health care 2764 settings. 2765 k. To foster dentistry’s role in the hospital, including 2766 active medical staff membership and clinical 2767 privileges. 2768 l. To advise other Association agencies charged with 2769 communications, scientific, legislative and legal 2770 activities related to community oral health including 2771 tobacco use prevention, dental health personnel 2772 resources, preventive dentistry, fluoridation and 2773 nutrition issues. 2774

B. COUNCIL ON ADA SESSIONS. The duties of 2775 the Council shall be: 2776 a. To have responsibility for conducting the annual 2777 session of this Association, except the House of 2778 Delegates, subject to approval by the Board of 2779 Trustees as provided in these Bylaws. 2780 b. To plan and coordinate other Association sessions 2781 or regional meetings. 2782

C. COUNCIL ON COMMUNICATIONS. The duties 2783 of the Council shall be: 2784 a. To identify, recommend, and maintain an external 2785 strategic communications plan for the Association to 2786 facilitate other work throughout and on behalf of the 2787 Association. 2788 b. To advise the Association on the external image 2789 and brand implications of Association plans, 2790


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programs, services and activities. 2791 c. To provide counsel to the Association on the 2792 priority and allocation of externally focused 2793 communication resources, to advise on their 2794 implications, and to identify the areas where the 2795 greatest strategic communications impact can be 2796 achieved. 2797 d. To identify, recommend, articulate and maintain 2798 strategies for significant external communications 2799 campaigns across the Association. 2800 e. To serve as a strategic communications resource 2801 to other Association agencies on communications to 2802 the profession. 2803 f. To create, implement, monitor and update an 2804 ongoing communication support strategy for the 2805 constituent and component dental societies. 2806

D. COUNCIL ON DENTAL BENEFIT 2807 PROGRAMS. The duties of the Council shall be: 2808 a. To formulate and recommend policies relating to 2809 the planning, administration and financing of dental 2810 benefit programs. 2811 b. To study, evaluate and disseminate information 2812 on the planning, administration and financing of 2813 dental benefit programs. 2814 c. To assist the constituent societies and other 2815 agencies in developing programs for the planning, 2816 administration and financing of dental benefit 2817 programs. 2818 d. To provide assistance, guidance and support to 2819 constituent and component societies in the 2820 development and management of professional 2821 review systems. 2822 e. To encourage the inclusion of dental benefits in 2823 health benefit plans and to promote dental benefit 2824 plans in accordance with Association policy. 2825 f. To conduct activities and formulate and 2826 recommend policies concerning the assessment and 2827 improvement of the quality of dental care relating to 2828 dental benefit plans. 2829 g. To formulate procedural and diagnostic codes in 2830 conjunction with national dental organizations and 2831 the dental benefits industry that dentists can use to 2832 report patient care on dental benefit claim forms. 2833

E. COUNCIL ON DENTAL EDUCATION AND 2834 LICENSURE. The duties of the Council shall be: 2835 a. To act as the agency of the Association in matters 2836 related to the evaluation and accreditation of all 2837 dental educational, dental auxiliary educational and 2838 associated subjects. 2839 b. To study and make recommendations including 2840 the formulation and recommendation of policy on: 2841 (1) Dental education and dental auxiliary education. 2842 (2) The recognition of dental specialties. 2843 (3) The recognition of categories of dental 2844 auxiliaries. 2845


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(4) The approval or disapproval of national 2846 certifying boards for special areas of dental practice 2847 and for dental auxiliaries. 2848 (5) The educational and administrative standards of 2849 the certifying boards for special areas of dental 2850 practice and for dental auxiliaries. 2851 (6) Associated subjects that affect all dental, dental 2852 auxiliary and related education. 2853 (7) Dental licensure and dental auxiliary 2854 credentialing. 2855 c. To act on behalf of this Association in 2856 maintaining effective liaison with certifying boards 2857 and related agencies for special areas of dental 2858 practice and for dental auxiliaries. 2859 d. To monitor and disseminate information on 2860 continuing dental education and to encourage the 2861 provision of and participation in continuing dental 2862 education. 2863

F. COUNCIL ON DENTAL PRACTICE. The duties 2864 of the Council shall be: 2865 a. To formulate and recommend policies relating to 2866 dental practice. 2867 b. To study, evaluate and disseminate information 2868 concerning various forms of business organization 2869 of a dental practice, economic factors related to 2870 dental practice, practice management techniques, 2871 auxiliary utilization and dental laboratory services to 2872 the end that dentists may continue to improve 2873 services to the public. 2874 c. To develop educational and other programs to 2875 assist dentists in improved practice management, 2876 including practice marketing materials and 2877 continuing education seminars, and to assist 2878 constituent and component societies and other dental 2879 organizations in the development of such programs 2880 so that dentists may continue to improve the 2881 delivery of their services to the public. 2882 d. To encourage and develop satisfactory relations 2883 with the various organizations representing the 2884 dental laboratory industry and craft. 2885 e. To formulate programs for establishing and 2886 maintaining the greatest efficiency, quality and 2887 service of the dental laboratory industry and craft in 2888 their relation to the dental profession. 2889 f. To encourage and develop satisfactory relations 2890 with the various organizations representing dental 2891 auxiliaries. 2892 g. To gather, formulate and disseminate information 2893 related to auxiliary utilization, management and 2894 employment practices. 2895 h. To serve in a consultative capacity to those 2896 educational and promotional activities directed to 2897 the public and the profession and to assess their 2898 impact on dental practice. 2899 i. To provide assistance, education and information 2900


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on issues related to dentists’ well being. 2901

G. COUNCIL ON ETHICS, BYLAWS AND 2902 JUDICIAL AFFAIRS. The duties of the Council shall 2903 be: 2904 a. To consider proposals for amending the 2905 Principles of Ethics and Code of Professional 2906 Conduct. 2907 b. To provide advisory opinions regarding the 2908 interpretation of the Principles of Ethics and Code 2909 of Professional Conduct. 2910 c. To consider appeals from members of the 2911 Association, or from component societies subject to 2912 the requirements of Chapter XII, Section 20 of these 2913 Bylaws. 2914 d. To hold hearings and render decisions in disputes 2915 arising between constituent societies or between 2916 constituent and component societies. 2917 e. To discipline any of the direct members of this 2918 Association in accordance with the requirements and 2919 procedures of Chapter XII of these Bylaws, using 2920 hearing panels composed of not less than three (3) 2921 of its elected members selected by the Council chair. 2922 The Council may adopt procedures governing the 2923 discipline of direct members of this Association 2924 consistent with Chapter XII of these Bylaws, which 2925 may include the use of an investigating committee 2926 or individual to investigate any complaint made 2927 against such member and report findings to the 2928 hearing panel concerning whether charges should 2929 issue. 2930 f. To review the articles of the Constitution and 2931 Bylaws in order to keep them consistent with the 2932 Association’s program. 2933 g. To recommend editorial changes in the Bylaws to 2934 improve their consistency, clarity and style. 2935 h. Notwithstanding paragraph g of this subsection, 2936 the Council shall have the authority to make 2937 corrections in punctuation, grammar, spelling, name 2938 changes, gender references, and similar editorial 2939 corrections in the Bylaws which do not alter its 2940 context or meaning. Such corrections shall be made 2941 only by a unanimous vote of the Council members 2942 present and voting. 2943 i. To review the rules and bylaws of all commissions 2944 of the Association in order to keep such rules and 2945 bylaws consistent with the Constitution and Bylaws 2946 of this Association. 2947 j. To act as the Standing Committee on Constitution 2948 and Bylaws of the House of Delegates, with the 2949 composition of such committee to be determined in 2950 accordance with Chapter V, Section 140A of these 2951 Bylaws, and to conduct other business it deems 2952 necessary. 2953 k. To provide guidance and advice on ethical and 2954 professional issues to constituent and component 2955


Bylaws 63

societies. 2956 l. To formulate and disseminate materials related to 2957 ethical and professional conduct in the practice and 2958 promotion of dentistry. 2959

H. COUNCIL ON GOVERNMENT AFFAIRS. The 2960 duties of the Council shall be: 2961 a. To encourage the improvement of the health of 2962 the public and to promote the art and science of 2963 dentistry in matters of legislation and regulations by 2964 appropriate activities. 2965 b. To formulate and recommend policies related to 2966 legislative and regulatory issues and to 2967 governmental agency programs. 2968 c. To formulate proposed legislation, approved by 2969 the Board of Trustees, that may be submitted to 2970 Congress and which will promote the art and science 2971 of dentistry in accordance with Association policies. 2972 d. To disseminate information which will assist the 2973 constituent and component societies involving 2974 legislation and regulation affecting the dental health 2975 of the public. 2976 e. To serve and assist the American Dental 2977 Association as a liaison with agencies of the federal 2978 government. 2979 f. To advise other Association agencies charged with 2980 developing, recommending and/or implementing 2981 legislative policies adopted by the House of 2982 Delegates. 2983 g. To serve as liaison for the American Dental 2984 Association with those agencies of the federal 2985 government which employ dental personnel in direct 2986 dental care delivery programs and the dentists in 2987 those services. 2988 h. To recommend programs and policies which will 2989 ensure that eligible beneficiaries of federal dental 2990 service programs have access to quality dental care. 2991 i. To recommend programs and policies which 2992 promote an efficient and effective dental care 2993 delivery system within the federal dental services. 2994 j. To assist in the development of dental workforce 2995 requirements and appropriate mobilization programs 2996 in times of emergency. 2997 k. To formulate and recommend policies which are 2998 designed to advance the professional status of 2999 federally employed dentists. 3000 l. To monitor dental training programs conducted by 3001 the federal dental services. 3002

I. COUNCIL ON MEMBERS INSURANCE AND 3003 RETIREMENT PROGRAMS. The duties of the 3004 Council shall be: 3005 a. To evaluate on a continuing basis all Association 3006 sponsored insurance programs. 3007 b. To examine and evaluate other insurance 3008 programs that might be of benefit to the 3009 membership. 3010


Bylaws 64

c. To advise and recommend courses of action on 3011 insurance programs. 3012 d. To assist constituent societies in matters related to 3013 insurance programs. 3014 e. To serve as Trustees for the American Dental 3015 Association Members Retirement Program.∗ 3016 f. To advise and recommend courses of action on 3017 retirement programs.** 3018

J. COUNCIL ON MEMBERSHIP. Except as 3019 otherwise provided in these Bylaws, the duties of the 3020 Council shall be: 3021 a. To formulate and recommend policies related to 3022 membership recruitment and retention and other 3023 related issues. 3024 b. To identify and monitor trends and issues that 3025 affect membership recruitment and retention, 3026 particularly among under-represented segments, and 3027 to encourage membership involvement throughout 3028 organized dentistry. 3029 c. To support, monitor and encourage membership 3030 activities of constituent and component dental 3031 societies and to enhance cooperation and 3032 communication on tripartite recruitment and 3033 retention efforts. 3034 d. To recommend, monitor and support the 3035 development of membership benefits and services 3036 that respond to identified needs of members. 3037 e. To act as an advocate for membership benefits. 3038

∗ This duty shall expire April 30, 2008. 3039 ** This duty shall commence April 30, 2008. 3040

K. COUNCIL ON SCIENTIFIC AFFAIRS. The 3041 duties of the Council shall be: 3042 a. To develop and promote an annual research 3043 agenda with appropriate means for funding. 3044 b. To identify emergent issues and areas of research 3045 that require response from the research community. 3046 c. To report results on the latest scientific 3047 developments to practicing dentists. 3048 d. To evaluate and issue statements to the profession 3049 regarding the efficacy of concepts, procedures and 3050 techniques for use in the treatment of patients. 3051 e. To guide, assist and act as liaison to the American 3052 Dental Association Foundation and serve as its peer 3053 review body. 3054 f. To represent the Association on scientific and 3055 research matters and maintain liaison with related 3056 regulatory, research and professional organizations. 3057 g. To encourage the development and improvement 3058 of materials, instruments and equipment for use in 3059 dental practice, and to coordinate development of 3060 national and international standardization programs. 3061

∗ This duty shall expire April 30, 2008. ** This duty shall commence April 30, 2008.


Bylaws 65

h. To determine the safety and effectiveness of, and 3062 disseminate information on, materials, instruments 3063 and equipment that are offered to the public or the 3064 profession and further critically evaluate statements 3065 of efficacy and advertising claims. 3066 i. To study, evaluate and disseminate information 3067 with regard to the proper use of dental therapeutic 3068 agents, their adjuncts and dental cosmetic agents 3069 that are offered to the public or the profession. 3070 j. To award the American Dental Association Seal to 3071 dental products that meet the Association’s 3072 requirements for acceptance. 3073 k. To promote efforts to develop dental research 3074 workforce and to involve students in dental research. 3075 l. To study, evaluate and disseminate information on 3076 those aspects of the dental practice environment 3077 related to the health of the public, dentists and dental 3078 auxiliaries. 3079 m. To serve as the primary resource for scientific 3080 inquiries from the public and the profession. 3081

CHAPTER XI • SPECIAL COMMITTEES CHAPTER XII • PRINCIPLES OF ETHICS AND

CODE OF PROFESSIONAL CONDUCT AND JUDICIAL PROCEDURE

Bylaws 66

CHAPTER XI • SPECIAL COMMITTEES

Section 10. APPOINTMENT AND TERM. Special 3082 committees of this Association may be created at any 3083 session of the House of Delegates or, when the House 3084 is not in session, by the Board of Trustees, for the 3085 purpose of performing duties not otherwise assigned 3086 by these Bylaws. Duties otherwise assigned by these 3087 Bylaws solely to one (1) council, commission or other 3088 agency should be assigned to that council, 3089 commission or other agency with the necessary 3090 funding to accomplish the task. If duties are assigned 3091 to a special committee that are assigned under these 3092 Bylaws to more than one (1) council, commission or 3093 other agency, members of the relevant councils, 3094 commissions or other agencies shall be appointed to 3095 serve on the special committee. Such special 3096 committees may serve until adjournment sine die of 3097 the next annual session of the House of Delegates. 3098 The authority for appointing the members of a special 3099 committee and their number shall be set forth in the 3100 resolution creating such committee. 3101

Section 20. PRIVILEGE OF THE FLOOR: Chairs 3102 and members of special committees who are not 3103 members of the House of Delegates shall have the 3104 right to participate in the debate on their respective 3105 reports but shall not have the right to vote. 3106

CHAPTER XII • PRINCIPLES OF ETHICS AND CODE OF PROFESSIONAL CONDUCT AND

JUDICIAL PROCEDURE

Section 10. PROFESSIONAL CONDUCT OF 3107 MEMBERS: The professional conduct of a member 3108 of this Association shall be governed by the 3109 Principles of Ethics and Code of Professional 3110 Conduct of this Association and by the codes of 3111 ethics of the constituent and component societies 3112 within whose jurisdiction the member practices, or 3113 conducts or participates in other professional dental 3114 activities. 3115

Section 20. DISCIPLINE OF MEMBERS: 3116

A. CONDUCT SUBJECT TO DISCIPLINE. A 3117 member may be disciplined for (1) having been found 3118 guilty of a felony, (2) having been found guilty of 3119 violating the dental practice act of a state or other 3120 jurisdiction of the United States, (3) having been 3121 discharged or dismissed from practicing dentistry 3122 with one of the federal dental services under 3123 dishonorable circumstances, or (4) violating the 3124 Bylaws, the Principles of Ethics and Code of 3125 Professional Conduct, or the bylaws or code of ethics 3126


JUDICIAL PROCEDURE

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of the constituent or component society of which the 3127 accused is a member. For a member of a constituent 3128 society, disciplinary proceedings may be instituted by 3129 either the member’s component or constituent 3130 society. Disciplinary proceedings against a direct 3131 member of this Association may be instituted by the 3132 Council on Ethics, Bylaws and Judicial Affairs of this 3133 Association. 3134

B. DISCIPLINARY PENALTIES. A member may be 3135 placed under a sentence of censure or suspension or 3136 may be expelled from membership for any of the 3137 offenses enumerated in Section 20A of this Chapter. 3138 Censure is a disciplinary sentence expressing in 3139

writing severe criticism or disapproval of a particular 3140 type of conduct or act. 3141 Suspension, subject to Chapter I, Section 30 of these 3142

Bylaws, means all membership privileges except 3143 continued entitlement to coverages under insurance 3144 programs are lost during the suspension period. 3145 Suspension shall be unconditional and for a specified 3146 period at the termination of which full membership 3147 privileges are automatically restored. A subsequent 3148 violation shall require a new disciplinary procedure 3149 before additional discipline may be imposed. 3150 Expulsion is an absolute discipline and may not be 3151

imposed conditionally except as otherwise provided 3152 herein. 3153 Probation, to be imposed for a specified period and 3154

without loss of privileges, may be administratively 3155 and conditionally imposed when circumstances 3156 warrant in lieu of a suspended disciplinary penalty. 3157 Probation shall be conditioned on good behavior. 3158 Additional reasonable conditions may be set forth in 3159 the decision for the continuation of probation. In the 3160 event that the conditions for probation are found by 3161 the society which preferred charges to have been 3162 violated, after a hearing on the probation violation 3163 charges in accordance with Chapter XII, Section 20C, 3164 the original disciplinary penalty shall be 3165 automatically reinstated; except that when 3166 circumstances warrant the original disciplinary 3167 penalty may be reduced to a lesser penalty. There 3168 shall be no right of appeal from a finding that the 3169 conditions of probation have been violated. 3170 After all appeals are exhausted or after the time for 3171

filing an appeal has expired, a sentence of censure, 3172 suspension or expulsion meted out to any member, 3173 including those instances when the disciplined 3174 member has been placed on probation, shall be 3175 promulgated by such member’s component and 3176 constituent societies, if such exist, and this 3177 Association. 3178

C. DISCIPLINARY PROCEEDINGS. Before a 3179 disciplinary penalty is invoked against a member, the 3180


JUDICIAL PROCEDURE

Bylaws 68

following procedures shall be followed by the agency 3181 preferring charges: 3182 a. HEARING. The accused member shall be entitled 3183 to a hearing at which the accused shall be given the 3184 opportunity to present a defense to all charges 3185 brought against the accused. The agency preferring 3186 charges shall permit the accused member to be 3187 represented by legal counsel. 3188 b. NOTICE. The accused member shall be notified 3189 in writing of charges brought against the accused 3190 and of the time and place of the hearing, such notice 3191 to be sent by certified—return receipt requested 3192 letter addressed to the accused’s last known address 3193 and mailed not less than twenty-one (21) days prior 3194 to the date set for the hearing. An accused member, 3195 upon request, shall be granted one postponement for 3196 a period not to exceed thirty (30) days. 3197 c. CHARGES. The written charges shall include an 3198 officially certified copy of the alleged conviction or 3199 determination of guilt, or a specification of the 3200 bylaw or ethical provisions alleged to have been 3201 violated, as the case may be, and a description of the 3202 conduct alleged to constitute each violation. 3203 d. DECISION. Every decision which shall result in 3204 censure, suspension or expulsion or in probation 3205 shall be reduced to writing and shall specify the 3206 charges made against the member, the facts which 3207 substantiate any or all of the charges, the verdict 3208 rendered, the penalty imposed or when appropriate 3209 the suspended penalty imposed and the conditions 3210 for probation, and a notice shall be mailed to the 3211 accused member informing the accused of the right 3212 to appeal. Within ten (10) days of the date on which 3213 the decision is rendered a copy thereof shall be sent 3214 by certified—return receipt requested mail to the last 3215 known address of each of the following parties: the 3216 accused member; the secretary of the component 3217 society of which the accused is a member, if 3218 applicable; the secretary of the constituent society of 3219 which the accused is a member, if applicable; the 3220 Chair of the Council on Ethics, Bylaws and Judicial 3221 Affairs of this Association and the Executive 3222 Director of this Association. 3223

D. APPEALS. The accused member under sentence 3224 of censure, suspension or expulsion shall have the 3225 right to appeal from a decision of the accused’s 3226 component society to the accused’s constituent 3227 society by filing an appeal in affidavit form with the 3228 secretary of the constituent society. Such an accused 3229 member, or the component society concerned, shall 3230 have the right to appeal from a decision of the 3231 constituent society to the Council on Ethics, Bylaws 3232 and Judicial Affairs of this Association by filing an 3233 appeal in affidavit form with the Chair of the Council 3234 on Ethics, Bylaws and Judicial Affairs. Where the 3235


JUDICIAL PROCEDURE

Bylaws 69

accused is a direct member of this Association, the 3236 accused member shall have the right of appeal from a 3237 disciplinary decision of a hearing panel of the Council 3238 on Ethics, Bylaws and Judicial Affairs to the Council 3239 by filing an appeal in affidavit form with the Chair of 3240 the Council on Ethics, Bylaws and Judicial Affairs. 3241 Members of the hearing panel shall not have the right 3242 to vote on the Council’s decision on such an appeal. 3243 An appeal from any decision shall not be valid 3244

unless notice of appeal is filed within thirty (30) days 3245 and the supporting brief, if one is to be presented, is 3246 filed within sixty (60) days after such decision has 3247 been rendered. A reply brief, if one is to be presented, 3248 shall be filed within ninety (90) days after such 3249 decision is rendered. A rejoinder brief, if one is to be 3250 presented, shall be filed within one hundred five 3251 (105) days after such decision is rendered. After all 3252 briefs have been filed, a minimum of forty-five (45) 3253 days shall elapse before the hearing date. Omission of 3254 briefs will not alter the briefing schedule or hearing 3255 date unless otherwise agreed to by the parties and the 3256 chair of the appropriate appellate agency. 3257 No decision shall become final while an appeal there 3258

from is pending or until the thirty (30) day period for 3259 filing notice of appeal has elapsed. In the event of a 3260 sentence of expulsion and no notice of appeal is 3261 received within the thirty (30) day period, the 3262 constituent society shall notify all parties of the 3263 failure of the accused member to file an appeal. The 3264 sentence of expulsion shall take effect on the date the 3265 parties are notified. The component and constituent 3266 societies shall each determine what portion of their 3267 current dues and their special assessments, if any, 3268 shall be returned to the expelled member. Dues and 3269 special assessments paid to this Association shall not 3270 be refundable in the event of expulsion. The 3271 following procedure shall be used in processing 3272 appeals: 3273

a. HEARINGS ON APPEAL. The accused member 3274 or the society (or societies) concerned shall be 3275 entitled to a hearing on an appeal, provided that 3276 such appeal is taken in accordance with, and 3277 satisfies the requirements of, Section 20D of this 3278 Chapter. The appellate agency hearing the appeal 3279 shall permit the accused member to be represented 3280 by legal counsel. A party need not appear for the 3281 appeal to be heard by an appellate agency. 3282 b. NOTICE. The appellate agency receiving an 3283 appeal shall notify the society (or societies) 3284 concerned, or where applicable the hearing panel of 3285 the Council on Ethics, Bylaws and Judicial Affairs, 3286 and the accused member of the time and place of 3287 the hearing, such notice to be sent by certified—3288 return receipt requested letter to the last known 3289 address of the parties to the appeal and mailed not 3290 less than thirty (30) days prior to the date set for the 3291


JUDICIAL PROCEDURE

Bylaws 70

hearing. Granting of continuances shall be at the 3292 option of the agency hearing the appeal. 3293 c. PREHEARING MATTERS. Prehearing requests 3294 shall be granted at the discretion of the appellate 3295 agency. In appeals to this Association’s Council on 3296 Ethics, Bylaws and Judicial Affairs, the Council 3297 chair has the authority to rule on motions from the 3298 parties for continuances and other prehearing 3299 procedural matters with advice from legal counsel 3300 of this Association. The Council chair may consult 3301 with the Council before rendering prehearing 3302 decisions. 3303 d. BRIEFS. Every party to an appeal shall be 3304 entitled to submit a brief in support of the party’s 3305 position. The briefs of the parties shall be submitted 3306 to the secretary of the constituent society or the 3307 Chair of the Council on Ethics, Bylaws and Judicial 3308 Affairs of this Association, as the case may be, and 3309 to the opposing party(ies) in accordance with the 3310 prescribed briefing schedule. The party initiating 3311 the appeal may choose to rely on the record and/or 3312 on an oral presentation and not file a brief. 3313 e. RECORD OF DISCIPLINARY 3314 PROCEEDINGS. Upon notice of an appeal the 3315 agency which preferred charges shall furnish to the 3316 appellate agency which has received the appeal and 3317 to the accused member a transcript of, or an 3318 officially certified copy of the minutes of the 3319 hearing accorded the accused member. The 3320 transcript or minutes shall be accompanied by 3321 certified copies of any affidavits or other 3322 documents submitted as evidence to support the 3323 charges against the accused member or submitted 3324 by the accused member as part of the accused’s 3325 defense. Where the agency preferring the charges 3326 does not provide for transcription of the hearing, 3327 the accused member, at the accused’s own expense, 3328 shall be entitled to arrange for the services of a 3329 court reporter to transcribe the hearing. 3330 f. APPEALS JURISDICTION. The agency to 3331 which a decision has been appealed shall be 3332 required to review the decision appealed from to 3333 determine whether the evidence before the society 3334 or agency which preferred charges against the 3335 accused member supports that decision or warrants 3336 the penalty imposed. The appellate agency shall not 3337 be required to consider additional evidence unless 3338 there is a clear showing that either party to the 3339 appeal will be unreasonably harmed by failure to 3340 consider the additional evidence. The parties to an 3341 appeal are the accused member and the society or 3342 agency which preferred charges. In appeals to the 3343 Council on Ethics, Bylaws and Judicial Affairs of 3344 this Association, the society which heard the first 3345 appeal may, at its option, participate in the appeal. 3346 g. DECISION ON APPEALS. Every decision on 3347


JUDICIAL PROCEDURE CHAPTER XIII • AMERICAN DENTAL

ASSOCIATION FOUNDATION

Bylaws 71

appeal shall be reduced to writing and shall state 3348 clearly the conclusion of the appellate agency and 3349 the reasons for reaching that conclusion. The 3350 appellate agency shall have the discretion (1) to 3351 uphold the decision of the agency which preferred 3352 charges against the accused member; (2) to reverse 3353 the decision of the agency which preferred charges 3354 and thereby exonerate the accused member; (3) to 3355 deny an appeal which fails to satisfy the 3356 requirements of Section 20D of this Chapter; (4) to 3357 refer the case back to the agency which preferred 3358 charges for new proceedings, if the rights of the 3359 accused member under all applicable bylaws were 3360 not accorded the accused; (5) to remand the case 3361 back to the agency which preferred charges for 3362 further proceedings when the appellate record is 3363 insufficient in the opinion of the appellate agency to 3364 enable it to render a decision; or (6) to uphold the 3365 decision of the agency which preferred charges 3366 against the accused member and reduce the penalty 3367 imposed. 3368 Within thirty (30) days of the date on which a 3369

decision on appeal is rendered, a copy thereof shall 3370 be sent by certified—return receipt requested mail 3371 to the last known address of each of the following 3372 parties: the accused member, the secretary of the 3373 component society of which the accused is a 3374 member, if applicable, the secretary of the 3375 constituent society of which the accused is a 3376 member, if applicable, the Chair of the Council on 3377 Ethics, Bylaws and Judicial Affairs of this 3378 Association and the Executive Director of this 3379 Association. 3380

E. NON-COMPLIANCE. In the event of a failure of 3381 technical conformance to the procedural requirements 3382 of Chapter XII, the agency hearing the appeal shall 3383 determine the effect of non-conformance. 3384

CHAPTER XIII • AMERICAN DENTAL ASSOCIATION FOUNDATION

Section 10. AGENCIES AND PERSONNEL: The 3385 Research Institute and the Paffenbarger Research 3386 Center at the National Institute of Standards and 3387 Technology will be agencies of the American Dental 3388 Association Foundation and the personnel of these 3389 agencies shall be employees of the Foundation. 3390

Section 20. FINANCIAL SUPPORT: The 3391 Association shall annually furnish sufficient financial 3392 support, as an addition to generated non-Association 3393 funding, to assure the continued viability of the 3394 Foundation’s research activities. 3395

CHAPTER XIII • AMERICAN DENTAL ASSOCIATION FOUNDATION

CHAPTER XIV • COMMISSIONS

Bylaws 72


A. The Foundation, through its agencies, the Research 3397 Institute and the Paffenbarger Research Center at the 3398 National Institute of Standards and Technology shall: 3399 a. Conduct basic and applied research for the 3400 utilization in and development of oral health. 3401 b. Conduct training programs in research disciplines 3402 that relate to the basic and applied problems of oral 3403 health. 3404

B. In addition, the Foundation shall submit, either 3405 through or in cooperation with the Council on 3406 Scientific Affairs, an annual report to the House of 3407 Delegates, interim reports on request to the Board of 3408 Trustees, and an annual budget to the Board of 3409 Trustees for such financial support allocations as the 3410 Board may deem necessary. 3411

C. In addition, the Foundation’s Administrative/ 3412 Charitable group shall submit, through the ADA 3413 Board of Trustees acting as the Member, an annual 3414 report to the House of Delegates, interim reports on 3415 request to the Member, and an annual budget to the 3416 Board of Trustees for such financial support 3417 allocations as the Board may deem necessary. 3418

D. The Foundation also may perform such other 3419 charitable and research functions as permitted under 3420 its articles of incorporation and bylaws and the laws 3421 of the State of Illinois. 3422


Section 10. NAME: The commissions of this 3423 Association shall be: 3424 Commission on Dental Accreditation 3425 Joint Commission on National Dental Examinations 3426

Section 20. MEMBERS, SELECTIONS, 3427 NOMINATIONS AND ELECTIONS: 3428 A. COMMISSION ON DENTAL 3429 ACCREDITATION. The number of members and the 3430 method of selection of the members of the 3431 Commission on Dental Accreditation shall be 3432 governed by the Rules of the Commission on Dental 3433 Accreditation and these Bylaws. 3434

Twelve (12) of the members of the Commission on 3435 Dental Accreditation shall be selected as follows: 3436 (1) Four (4) members shall be selected from 3437 nominations open to all trustee districts from the 3438 active, life or retired members of this Association, 3439 no one of whom shall be a faculty member working 3440 for a school of dentistry more than one day per 3441 week or a member of a state board of dental 3442 examiners or jurisdictional dental licensing agency. 3443 These members shall be nominated by the Board of 3444


Bylaws 73

Trustees and elected by the House of Delegates. 3445 (2) Four (4) members who are active, life or retired 3446 members of this Association shall be selected by 3447 the American Association of Dental Examiners 3448 from the active membership of that body, no one of 3449 whom shall be a member of a faculty of a school of 3450 dentistry. 3451 (3) Four (4) members who are active, life or retired 3452 members of this Association shall be selected by 3453 the American Dental Education Association from 3454 its active membership. These members shall hold 3455 positions of professorial rank in dental schools 3456 accredited by the Commission on Dental 3457 Accreditation and shall not be members of any state 3458 board of dental examiners or jurisdictional dental 3459 licensing agency. 3460

B. JOINT COMMISSION ON NATIONAL 3461 DENTAL EXAMINATIONS. The Joint Commission 3462 on National Dental Examinations shall be composed 3463 of fifteen (15) members selected as follows: 3464 a. Three (3) members shall be nominated by the 3465 Board of Trustees from the active, life or retired 3466 members of this Association and additional 3467 nominations may be made by the House of 3468 Delegates but no one of such nominees shall be a 3469 member of a faculty of a school of dentistry or a 3470 member of a state board of dental examiners or 3471 jurisdictional dental licensing agency. The House of 3472 Delegates shall elect the three (3) members from 3473 those nominated by the Board of Trustees and the 3474 House of Delegates. 3475 b. Six (6) members who are active, life or retired 3476 members of this Association shall be selected by the 3477 American Association of Dental Examiners from the 3478 active membership of that body, no one of whom 3479 shall be a member of a faculty of a dental school. 3480 c. Three (3) members who are active, life or retired 3481 members of this Association shall be selected by the 3482 American Dental Education Association from its 3483 active membership. These members shall hold 3484 positions of professorial rank in the dental schools 3485 accredited by this Association and shall not be 3486 members of any state board of dental examiners or 3487 jurisdictional dental licensing agency. 3488 d. One (1) member who is a dental hygienist shall be 3489 selected by the American Dental Hygienists’ 3490 Association. 3491 e. One (1) member who is a public representative 3492 shall be selected by the Joint Commission on 3493 National Dental Examinations. 3494 f. One (1) member who is a dental student shall be 3495 selected annually by the American Student Dental 3496 Association. 3497

Section 30. REMOVAL FOR CAUSE: The Board of 3498 Trustees may remove a commission member for 3499


Bylaws 74

cause in accordance with procedures established by 3500 the Board of Trustees, which procedures shall provide 3501 for notice of the charges, including allegations of the 3502 conduct purported to constitute each violation, and a 3503 decision in writing which shall specify the findings of 3504 fact which substantiate any and all of the charges, and 3505 that prior to issuance of the decision of the Board of 3506 Trustees, no commission member shall be excused 3507 from attending any meeting of a commission unless 3508 there is an opportunity to be heard or compelling 3509 reasons exist which are specified in writing by the 3510 Board of Trustees. 3511

Section 40. ELIGIBILITY: 3512

A. All members of commissions who are dentists 3513 must be active, life or retired members in good 3514 standing of this Association except as otherwise 3515 provided in these Bylaws. 3516

B. A member of the Joint Commission on National 3517 Dental Examinations, who was selected by the 3518 American Association of Dental Examiners and who 3519 is no longer an active member of that Association, 3520 may continue as a member of the Commission for the 3521 balance of that member’s term. 3522

C. When a member of the Joint Commission on 3523 National Dental Examinations, who was selected by 3524 the American Dental Education Association, shall 3525 cease to be a member of the faculty of a member 3526 school of that Association, such membership on the 3527 Commission shall terminate, and the President of the 3528 American Dental Association shall declare the 3529 position vacant. 3530

D. No member of a commission may serve 3531 concurrently as a member of a council or another 3532 commission. 3533

E. CHAIRS. The Commissions of this Association 3534 shall elect their own chairs who shall be active, life or 3535 retired members of this Association. 3536

Section 50. CONSULTANTS, ADVISERS AND 3537 STAFF: 3538

A. CONSULTANTS AND ADVISERS. Each 3539 commission shall have the authority to nominate 3540 consultants and advisers in conformity with rules and 3541 regulations established by the Board of Trustees 3542 except as otherwise provided in these Bylaws. The 3543 Joint Commission on National Dental Examinations 3544 also shall select consultants to serve on the 3545 Commission’s test construction committees. The 3546 Commission on Dental Accreditation shall have the 3547 power to appoint consultants to assist in developing 3548 requirements and guidelines for the conducting of 3549 accreditation evaluations, including site visitations, of 3550 predoctoral, advanced dental educational, and dental 3551


Bylaws 75

auxiliary educational programs. 3552

B. STAFF. The Executive Director shall employ the 3553 staff of Commissions, in the event they are 3554 employees, and shall select the titles for commission 3555 staff positions. 3556

Section 60. TERM OF OFFICE: The term of office 3557 of members of the commissions shall be four (4) 3558 years except that (a) the term of office of members of 3559 the Commission on Dental Accreditation selected 3560 pursuant to the Rules of the Commission on Dental 3561 Accreditation shall be governed by those Rules and 3562 (b) the term of office of the dental student selected by 3563 the American Student Dental Association for 3564 membership on the Joint Commission on National 3565 Dental Examinations shall be one (1) year. 3566

The tenure of a member of a commission shall be 3567 limited to one (1) term of four (4) years except that 3568 (a) the consecutive tenure of members of the 3569 Commission on Dental Accreditation selected 3570 pursuant to the Rules of the Commission on Dental 3571 Accreditation shall be governed by those Rules and 3572 (b) tenure in office of the dental student selected by 3573 the American Student Dental Association for 3574 membership on the Joint Commission on National 3575 Dental Examinations shall be one (1) term. As of 3576 1990, a member shall not be eligible for appointment 3577 to another commission or council for a period of two 3578 (2) years after completing a previous commission 3579 appointment. 3580

Section 70. VACANCY: In the event of a vacancy in 3581 the office of a commissioner, the following procedure 3582 shall be followed: 3583

A. In the event the member of a commission, whose 3584 office is vacant, is or was a member of and was 3585 appointed or elected by this Association, the President 3586 of this Association shall appoint a member of this 3587 Association possessing the same qualifications as 3588 established by these Bylaws for the previous member, 3589 to fill such vacancy until a successor is elected by the 3590 next House of Delegates of this Association for the 3591 remainder of the unexpired term. 3592

B. In the event the member of a commission whose 3593 office is vacant was selected by an organization other 3594 than this Association, such other organization shall 3595 appoint a successor possessing the same 3596 qualifications as those possessed by the previous 3597 member of the commission. 3598

C. In the event such vacancy involves the chair of the 3599 commission, the President of this Association shall 3600 have the power to appoint an ad interim chair, except 3601 as otherwise provided in these Bylaws. 3602

D. If the term of the vacated commission position has 3603


Bylaws 76

less than fifty percent (50%) of a full four-year term 3604 remaining at the time the successor member is 3605 appointed or elected, the successor member shall be 3606 eligible for election to a new, consecutive four-year 3607 term. If fifty percent (50%) or more of the vacated 3608 term remains to be served at the time of the 3609 appointment or election, the successor member shall 3610 not be eligible for another term. 3611

Section 80. MEETINGS OF COMMISSIONS. Each 3612 commission shall hold at least one regular meeting 3613 annually, provided that funds are available in the 3614 budget for that purpose and unless otherwise directed 3615 by the Board of Trustees. Meetings may be held at the 3616 Headquarters Building, the Washington Office or 3617 from multiple remote locations through the use of a 3618 conference telephone or other communications 3619 equipment by means of which all members can 3620 communicate with each other. Such meetings shall be 3621 conducted in accordance with rules and procedures 3622 established by the Board of Trustees. 3623

Section 90. QUORUM: A majority of the members of 3624 any commission shall constitute a quorum. 3625

Section 100. PRIVILEGE OF THE FLOOR: Chairs 3626 and members of the commissions who are not 3627 members of the House of Delegates shall have the 3628 right to participate in the debate on their respective 3629 reports but shall not have the right to vote. 3630

Section 110. ANNUAL REPORT AND BUDGET: 3631

A. ANNUAL REPORT. Each commission shall 3632 submit, through the Executive Director, an annual 3633 report to the House of Delegates and a copy thereof to 3634 the Board of Trustees. 3635

B. PROPOSED BUDGET. Each commission shall 3636 submit to the Board of Trustees, through the 3637 Executive Director, a proposed itemized budget for 3638 the ensuing fiscal year. 3639

Section 120. POWER TO ADOPT RULES: Any 3640 commission of this Association shall have the power 3641 to adopt rules for such commission and amendments 3642 thereto, provided such rules and amendments thereto 3643 do not conflict with or limit the Constitution and 3644 Bylaws of this Association. Rules and amendments 3645 thereto, adopted by any commission of this 3646 Association, shall not be effective until submitted in 3647 writing to and approved by majority vote of the 3648 House of Delegates of this Association, except the 3649 Joint Commission on National Dental Examinations 3650 shall have such bylaws and amendments thereto as 3651 the House of Delegates of this Association may adopt 3652 by majority vote for the conduct of the purposes and 3653 management of the Joint Commission on National 3654 Dental Examinations. 3655


Bylaws 77


A. COMMISSION ON DENTAL 3657 ACCREDITATION. The duties of the Commission 3658 on Dental Accreditation shall be: 3659 a. To formulate and adopt requirements and 3660 guidelines for the accreditation of dental educational 3661 and dental auxiliary educational programs. 3662 b. To accredit dental educational and dental 3663 auxiliary educational programs. 3664 c. To provide a means for appeal from an adverse 3665 decision of the accrediting body of the Commission 3666 to a separate and distinct body of the Commission 3667 whose membership shall be totally different from 3668 that of the accrediting body of the Commission. 3669 d. To submit an annual report to the House of 3670 Delegates of this Association and interim reports, on 3671 request, and the Commission’s annual budget to the 3672 Board of Trustees of the Association. 3673

e. To submit the Commission’s articles of 3674 incorporation and rules and amendments thereto to 3675 this Association’s House of Delegates for approval 3676 by majority vote either through or in cooperation 3677 with the Council on Dental Education and 3678 Licensure. 3679

B. JOINT COMMISSION ON NATIONAL 3680 DENTAL EXAMINATIONS. The duties of the Joint 3681 Commission on National Dental Examinations shall 3682 be: 3683

a. To provide and conduct written examinations, 3684 exclusive of clinical demonstrations for the purpose 3685 of assisting state boards of dental examiners in 3686 determining qualifications of dentists who seek 3687 license to practice in any state or other jurisdiction 3688 of the United States. Dental licensure is subject to 3689 the laws of the state or other jurisdiction of the 3690 United States and the conduct of all clinical 3691 examinations for licensure is reserved to the 3692 individual board of dental examiners. 3693 b. To provide and conduct written examinations, 3694 exclusive of clinical demonstrations for the purpose 3695 of assisting state boards of dental examiners in 3696 determining qualifications of dental hygienists who 3697 seek license to practice in any state or other 3698 jurisdiction of the United States. Dental hygiene 3699 licensure is subject to the laws of the state or other 3700 jurisdiction of the United States and the conduct of 3701 all clinical examinations for licensure is reserved to 3702 the individual board of dental examiners. 3703 c. To make rules and regulations for the conduct of 3704 examinations and the certification of successful 3705 candidates. 3706 d. To serve as a resource of the dental profession in 3707 the development of written examinations. 3708

CHAPTER XV • SCIENTIFIC SESSION CHAPTER XVI • PUBLICATIONS

Bylaws 78

CHAPTER XV • SCIENTIFIC SESSION

Section 10. OBJECT: The scientific session of this 3709 Association is established to foster the presentation 3710 and discussion of subjects pertaining to the 3711 improvement of the health of the public and the 3712 science and art of dentistry. 3713

Section 20. TIME AND PLACE: The scientific 3714 session of the Association shall be held annually at a 3715 time and place selected by the Board of Trustees. 3716 Such selection shall be made at least one (1) year in 3717 advance. 3718

Section 30. MANAGEMENT AND GENERAL 3719 ARRANGEMENTS: The Board of Trustees shall 3720 provide for the management of, and make all 3721 arrangements for, each scientific session unless 3722 otherwise provided in these Bylaws. 3723

Section 40. TRADE AND LABORATORY 3724 EXHIBITS: Products of the dental trade and dental 3725 laboratories and other products may be exhibited at 3726 each scientific session under the direction of the 3727 Board of Trustees and in accordance with rules and 3728 regulations established by that body. 3729

Section 50. ADMISSION: Admission to meetings of 3730 the scientific sessions shall be limited to members of 3731 this Association who are in good standing and to 3732 others admitted in accordance with rules and 3733 regulations established by the Board of Trustees. 3734

CHAPTER XVI • PUBLICATIONS

Section 10. OFFICIAL JOURNAL: 3735

A. TITLE. This Association shall publish or cause to 3736 be published an official journal under the title of The 3737 Journal of the American Dental Association, 3738 hereinafter referred to as The Journal. 3739

B. OBJECT. The object of The Journal shall be to 3740 report, chronicle and evaluate activities of scientific 3741 and professional interest to members of the dental 3742 profession. 3743

C. FREQUENCY OF ISSUE AND SUBSCRIPTION 3744 RATE. The frequency of issue and the subscription 3745 rate of The Journal shall be determined by the Board 3746 of Trustees. 3747

Section 20. OTHER JOURNALS: The Association 3748 may publish or cause to be published other journals in 3749 the field of dentistry subject to the direction and 3750 regulations of the Board of Trustees. 3751

Section 30. OFFICIAL TRANSACTIONS: The 3752 official transactions of the House of Delegates and the 3753

CHAPTER XVI • PUBLICATIONS CHAPTER XVII • FINANCES

Bylaws 79

Board of Trustees and the reports of officers, councils 3754 and committees shall be published under the direction 3755 of the Executive Director. 3756

Section 40. AMERICAN DENTAL DIRECTORY: 3757 This Association shall cause to be published an 3758 American Dental Directory. 3759

CHAPTER XVII • FINANCES

Section 10. FISCAL YEAR: The fiscal year of the 3760 Association shall begin January 1 of each calendar 3761 year and end December 31 of the same year. 3762

Section 20. GENERAL FUND: The General Fund 3763 shall consist of all monies received other than those 3764 specifically allocated to other funds by these Bylaws. 3765 This fund shall be used for defraying all expenses 3766 incurred by this Association not otherwise provided 3767 for in these Bylaws. The General Fund may be 3768 divided into Operating and Reserve Divisions at the 3769 direction of the Board of Trustees. 3770

Section 30. OTHER FUNDS: The Association may 3771 establish other funds, at the direction of the Board of 3772 Trustees, for activities and programs requiring 3773 separate accounting records to meet governmental 3774 and administrative requirements. Such funds shall 3775 consist of monies and other assets received or 3776 allocated in accordance with the purpose for which 3777 they are established. Such funds shall be used for 3778 defraying all expenses incurred in their operation, 3779 shall serve only as separate accounting entities and 3780 continue to be held in the name of the American 3781 Dental Association as divisions of the General Fund. 3782

Section 40. SPECIAL ASSESSMENTS: In addition 3783 to the payment of dues required in Chapter I, Section 3784 20 of these Bylaws, a special assessment may be 3785 levied by the House of Delegates upon active, active 3786 life, retired and associate members of this Association 3787 as provided in Chapter I, Section 20 of these Bylaws, 3788 for the purpose of funding a specific project of 3789 limited duration. Such an assessment may be levied at 3790 any annual or special session of the House of 3791 Delegates by a two-thirds (2/3) affirmative vote of the 3792 delegates present and voting, provided notice of the 3793 proposed assessment has been presented in writing at 3794 least ninety (90) days prior to the first day of the 3795 session of the House of Delegates at which it is to be 3796 considered. Notice of such a resolution shall be sent 3797 by a certifiable method of delivery to each constituent 3798 society not less than ninety (90) days before such 3799 session to permit prompt, adequate notice by each 3800 constituent society to its delegates and alternate 3801 delegates to the House of Delegates of this 3802 Association, and shall be announced to the general 3803

CHAPTER XVII • FINANCES CHAPTER XVIII • ALLIANCE OF THE AMERICAN DENTAL ASSOCIATION CHAPTER XIX • INDEMNIFICATION

Bylaws 80

membership in an official publication of this 3804 Association at least sixty (60) days in advance of the 3805 session. The specific project to be funded by the 3806 proposed assessment, the time frame of the project, 3807 and the amount and duration of the proposed 3808 assessment shall be clearly presented in giving notice 3809 to the members of this Association. Revenue from a 3810 special assessment and any earnings thereon shall be 3811 deposited in a separate fund as provided in Chapter 3812 XVII, Section 30 of these Bylaws. The House of 3813 Delegates may amend the main motion to levy a 3814 special assessment only if the amendment is germane 3815 and adopted by a two-thirds (2/3) affirmative vote of 3816 the delegates present and voting. The House of 3817 Delegates may consider only one (1) specific project 3818 to be funded by a proposed assessment at a time. 3819 However, if properly adopted by the House of 3820 Delegates, two (2) or more special assessments may 3821 be in force at the same time. Any resolution to levy a 3822 special assessment that does not meet the notice 3823 requirements set forth in the previous paragraph also 3824 may be adopted by a unanimous vote of the House of 3825 Delegates, provided the resolution has been presented 3826 in writing at a previous meeting of the same session. 3827

CHAPTER XVIII • ALLIANCE OF THE AMERICAN DENTAL ASSOCIATION

Section 10. RECOGNITION: The Association 3828 recognizes the Alliance of the American Dental 3829 Association as an organization of the spouses of 3830 active, life, retired or student members in good 3831 standing of this Association, and of spouses of such 3832 deceased members who were in good standing at the 3833 time of death. 3834

Section 20. CONSTITUTION AND BYLAWS: No 3835 provision in the constitution and bylaws of the 3836 Alliance shall be in conflict with the Constitution and 3837 Bylaws of this Association. 3838

CHAPTER XIX • INDEMNIFICATION

Each trustee, officer, council member, committee 3839 member, employee and other agent of the Association 3840 shall be held harmless and indemnified by the 3841 Association against all claims and liabilities and all 3842 costs and expenses, including attorney’s fees, 3843 reasonably incurred or imposed upon such person in 3844 connection with or resulting from any action, suit or 3845 proceeding, or the settlement or compromise thereof, 3846 to which such person may be made a party by reason 3847 of any action taken or omitted to be taken by such 3848 person as a trustee, officer, council member, 3849 committee member, employee or agent of the 3850 Association, in good faith. This right of 3851

Articles of Incorporation 81

indemnification shall inure to such person whether or 3852 not such person is a trustee, officer, council member, 3853 committee member, employee or agent at the time 3854 such liabilities, costs or expenses are imposed or 3855 incurred and, in the event of such person’s death, 3856 shall extend to such person’s legal representatives. To 3857 the extent available, the Association shall insure 3858 against any potential liability hereunder. 3859

CHAPTER XX • CONSTRUCTION

Where the context or construction requires, all titles 3860 and personal pronouns used in the Bylaws, whether 3861 used in the masculine, feminine or neutral gender, 3862 shall include all genders. 3863

CHAPTER XXI • AMENDMENTS

Section 10. PROCEDURE: These Bylaws may be 3864 amended at any session of the House of Delegates by 3865 a two-thirds (2/3) affirmative vote of the delegates 3866 present and voting, provided the proposed 3867 amendments shall have been presented in writing at a 3868 previous session or a previous meeting of the same 3869 session. 3870

Section 20. AMENDMENT AFFECTING THE 3871 PROCEDURE FOR CHANGING THE DUES OF 3872 ACTIVE MEMBERS: An amendment of these 3873 Bylaws affecting the procedure for changing the dues 3874 of active members may be adopted only if the 3875 proposed amendment has been presented in writing at 3876 least ninety (90) days prior to the first day of the 3877 session of the House of Delegates at which it is to be 3878 considered. Notice of such a resolution shall be sent 3879 by a certifiable method of delivery to each constituent 3880 society not less than ninety (90) days before such 3881 session to permit prompt, adequate notice by each 3882 constituent society to its delegates and alternate 3883 delegates to the House of Delegates of this 3884 Association, and shall be announced to the general 3885 membership in an official publication of the 3886 Association at least sixty (60) days in advance of the 3887 annual session. 3888 Amendments affecting the procedure for changing 3889 the dues of active members may also be adopted by a 3890 unanimous vote provided that the proposed 3891 amendment has been presented in writing at a 3892 previous meeting of the same session. 3893

Articles of

Incorporation

• • • • • • • • • • • • • • • • • • • • • • • • •

Articles of Incorporation 82

1. NAME. The name of this corporation is AMERICAN DENTAL ASSOCIATION.

2. DURATION. The duration of the corporation is perpetual.

3. PURPOSE AND OBJECT. The purpose and object of this corporation are to encourage the improvement of the health of the public and to promote the art and science of dentistry.

4. OFFICE. The principal office of the corporation shall be in the City of Chicago, Cook County, Illinois.

5. BYLAWS. The bylaws of the corporation shall be divided into two categories designated, respectively, “Constitution” and “Bylaws” and each category shall be amendable from time to time in the manner and by the method therein set forth, but in case of any conflict between the Constitution and the Bylaws the provisions of the Constitution shall control.

6. MEMBERSHIP. The qualifications, the method of election, designation or selection, the privileges and obligations, and the voting rights, if any, of the various classes of members which are established by the Constitution and Bylaws of the corporation from time to time shall be set forth in and governed by such Constitution and Bylaws.

7. EXERCISE OF CORPORATE POWERS. Except as otherwise provided by law, the affairs of this corporation shall be governed and the corporate powers of the corporation shall be exercised by a Board of Directors (to be known as the Board of Trustees), House of Delegates, officers, councils, committees, members, agents and employees as set forth in the Constitution and Bylaws and the titles, duties, powers, and methods of electing, designating or selecting all of the foregoing shall be as provided therein.

8. VOTING RIGHTS WITH RESPECT TO ARTICLES OF INCORPORATION. Only those members of the corporation shall have voting rights in respect to amendments to the Articles of Incorporation who shall have a right to vote on amendments to the Constitution of the corporation. American Dental Association A current electronic version of this document is available at www.ada.org

american dental association by-laws 2008

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