Proposed Bylaws Amendments THE COUNCIL ON BYLAWS, POLICY AND ETHICS SUBMITS THE FOLLOWING AMENDMENTS TO THE ODA BYLAWS AND POLICY MANUALS FOR CONSIDERATION BY THE HOUSE OF DELEGATES ON APRIL 8, 2021. In April 2020, the House of Delegates referred the Guide for Disciplinary Hearing back to the Council. Upon further review and revision of the Guide, the Council submitted it to legal counsel for opinion. The ADA legal counsel deemed it appropriate and did not have any recommended changes. Therefore, the Guide will be presented to the House of Delegates for approval on April 8, 2021. Upon adoption of the Guide for Disciplinary Hearing, resolved, to amend the Council Manual: Council on Bylaws, Policy and Ethics: Duties by adding as “g.” g. Recommend to the ODA Board of Trustees the discipline of any members by censure, probation, suspension or revocation who have been convicted of a felony or convicted for violation of the State Dental Act, or the dental practice act of any other governmental jurisdiction or the violation of the Principles of Ethics and Code of Professional Conduct of the ADA subject to the ODA Guide for Disciplinary Hearings and provision of the bylaws of the American Dental Association with appeals to the ADA CEBJA. Upon adoption of the Guide for Disciplinary Hearing, resolved, to amend the Bylaws, Article VII, Section 4 by striking E. E. To discipline any of its members by censure, probation, suspension or expulsion who have been convicted of a felony or convicted for violation of the State Dental Act, or the dental practice act of any other governmental jurisdiction or the violation of the Principles of Ethics of this Association subject to the provisions of Chapter XII, Section 20, D. bylaws of the American Dental Association. Upon adoption of the Guide for Disciplinary Hearing, resolved, to amend the Bylaws, Article XII – Disciplinary Powers amend by substitution: A member may be disciplined by the ODA or by a member’s component for: 1. Having been found guilty of a felony; 2. Having been found guilty of unprofessional conduct as defined by the laws and regulations of any state, or failing to abide by Mediation Review; or 3. Violating the Bylaws of the ADA, ODA, or component society or the Principles of Ethics and Code of Professional Conduct of the ADA (hereinafter referred to as The Code). May be referred to the Council on Bylaws, Policy and Ethics (CPBE) for review and possible recommendation of penalty of 1) censure the member by formal statement of reprimand, 2) suspension of membership for one to twelve months, or 3) recommendation of permanent revocation of membership. Any recommendation of censure, reprimand, suspension of membership or revocation of membership issued following a disciplinary hearing of an ODA Member by the CBPE shall remain confidential pending the notification and review of the findings by the Board of Trustees of the Oklahoma Dental Association. Such review will begin with the transmission of the findings and associated evidentiary documentation to the Board of Trustees immediately upon the expiration of the final appeal deadline for the Member found in violation. After the appeal deadline has expired, the Board of Trustees shall meet either in person or utilizing other media which allow for contemporaneous debate within 15 days of receipt of the notification from CBPE. Three actions may be taken by the Board of Trustees: 1) accept the findings and recommendations of the CBPE by placing the record into the membership file of the dentist and referring the findings to the ADA and NPDB 2) modify the recommendation or 3) reject the recommendation. The decision of the Board of Trustees may be appealed to the ADA CEBJA. If the final disposition of the case is determined on appeal to CEBJA, the Board will place that judgment in the membership file. The CBPE will follow the ODA Guide for Disciplinary Hearing to ensure fairness and consistency. The CBPE urges all parties involved in ethics investigations and the hearing process to remember that all individuals are innocent until proven guilty of any charges or complaints filed against them. The final determination of innocence or guilt is entrusted to the hearing panel members who sit in judgment at the hearing and the penalty is determined by the ODA Board of Trustees.
18 journal | March/April 2021
