Proposed Bylaws and Policy 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.

Pursuant to ODA Bylaws Article XII, members who have been found guilty of, or disciplined by the Oklahoma Board of Dentistry, for professional misconduct, or having failed to abide by Mediation Review, or having been convicted of a felony, are directly referred to the CBPE to determine if the matter should be referred to the Board of Trustees. The ODA will request the official record of all proceedings against any ODA member who has been so disciplined by the Board of Dentistry, having failed to abide by Mediation Review, or having been convicted of a felony. A screening panel of three members of the CBPE will thereafter determine whether or not to refer the case to the entire CBPE. Notice shall be provided in accordance with the Bylaws. The purpose of the hearing is to determine whether there was a violation and what recommendation of penalty, if any, is appropriate. At the hearing, the Checklist of Violation of the Code will be the primary evidence. The member has the opportunity to appear and/or submit information to the CBPE in explanation or mitigation. The member is advised to bring witnesses or other evidence to the CBPE and prepared to answer questions. Any member judged guilty of charges shall have the right to appeal from a decision by the component to 606 the House of Delegates of the Oklahoma Dental Association and to the House of Delegates of the 607 American Dental Association; provided that any appeal must be filed within thirty (30) days. No decision 608 shall become final when an appeal is pending. The House of this Association shall hear and decide any 609 appeal in the course of the first session following the filing of the appeal else the decision of the 610 component shall be considered to have been confirmed.

Resolved, to amend the Bylaws, Article III, Section 5, Item A: A.The House of Delegates Board of Trustees shall set dues for all membership categories to be considered for ratification by the House of Delegates at its next meeting. Life Members and Honorary members shall be exempt. Dues may be changed by a vote of the House of Delegates by a two/thirds affirmative vote.

Resolved, to amend the Bylaws, Article III, Section 5 by striking Item F and renumbering Item G as F.

These amendments were also sent earlier in March via email to the House of Delegates.

Work Faster, Protect Patients: Prescribe Electronically

ODA MEMBER BENEFIT CORNER

Why is a membership with the ODA/ADA so valuable? The ODA/ADA supports all members at the national, state and local levels. From helping you manage your practice more efficiently and advocating on your behalf to offering you tools and resources that help you find the answers for which you’re looking, we’re there every step of the way.

Advocacy

By: Mackenzie Dean, ODA Programs & Operations Manager

The Oklahoma Dental Association is constantly looking out for the best interests of our members through its endorsed partner program, numerous CE events, social and leadership opportunities, and publications and other important communications. This is also evident in our advocacy, not only for dues-paying members, but also for every dentist in Oklahoma. Every year during the legislative session, the ODA is a proponent for dentists in the state; we believe that having a unified voice is important in passing legislation that benefits you, your practice and your patients. A portion of your ODA dues goes toward our efforts to advocate for and protect dentistry on the local, state and national levels. As a member, you are choosing to stand in solidarity with your peers for the advancement of your profession. With over 1,700 state members and nearly 157,000 ADA members, our voice is strong. The ODA is proud to uphold dentistry in the state, not only during the legislative session, but also throughout the year. Through the efforts of our Executive Director, Lynn Means, and our ODA lobbyist, Scott Adkins, we have been able to positively impact the health care community. Just this past year, the ODA joined multiple coalitions with other health care organizations, working to protect their practitioners and patients. In January, we hosted the first-ever virtual Dentist Day at the Capitol event, with a primary goal of informing state legislators why the ODA does not support a managed care Medicaid system. Our Action Team Leaders are also vastly beneficial to the success of the association’s legislative efforts. They are constantly reaching out to their designated legislators and encouraging them to support or oppose legislation for the advancement of the profession. As a member of the Oklahoma Dental Association, you can always be confident that there is an association standing with you and championing for the greater good of Dentistry. It is important to be a part of something bigger than yourself that will benefit the dental profession for years to come. Just know that there is power in numbers and in organized dentistry! For more information on ways to get more involved with the ODA’s advocacy efforts, please visit okda.org/advocacy/ or contact ODA Executive Director, Lynn Means, at lmeans@okda.org.

Turn to page 34 to read the recap of Virtual Dentist Day at the Capitol and learn how you can get involved!

Meet. Play. Learn.

Oct. 10–13, 2021

With electric events, dynamic speakers, hot-off-the-press content, non-stop inspiration, and a community that’s Ahhhmazing, the ADA is proud to present a reimagined annual meeting that is sure to make you smile.

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