Regulation of the Society

Article 1: Name of the Society: The Society for Medical Ethics and Law
 

Article 2: Centre of the Society: Istanbul. It has no branch.
 

Article 3: Address of The Society: Fındıkzade, Akkoyunlu Sok., No: 16 Kat: 1 Fatih – Istanbul.
 

Article 4: This Society aims to help the development of the scientific research on medical ethics and law, to support the scientific activities in this field, to help the modernization of the education on the medical ethics and medical law and to provide the international scientific relations in the field of medical ethics and medical law.
 

The society has an international characteristic and in order to achieve these objectives, it shall perform the following activities:

• To follow and encourage the scientific research on medical ethics and medical law in Turkey and in the world.
• To help solving the problems of the medical ethics and medical law in the health foundations, to provide assistance to the official authorities and educational institutions about the subjects indicated in the aims section.
• To help to provide postgraduate education in the fields of medical ethics and medical law with the aim of helping the people working in the health branch to deal with the problems they may face when they are providing health services.
• To perform the national and the international scientific projects and researches in the fields of medical ethics and medical law.
• To provide the print of the international scientific journal as the publication organ if a financial source can be found.
• To provide the possibilities in order to train the researchers in the fields of medical ethics and medical law and to support the scientific projects of the researchers from abroad on Turkish medical ethics and medical law.
• To hold the national and the international congress, symposium, panel and meetings in the field of medical ethics and medical law.
• To provide the scientific relations with foreign societies, institutes and universities and to coordinate the international meetings in the fields of medical ethics and medical law to transfer scientific developments in this field in foreign countries to Turkey and the related developments in Turkey to other countries when necessary.
• To cooperate and coordinate the scientific relations with other national and international similar and relevant entities to invite guest researchers in accordance with the 5 th article and conditions of the Law for Associations and in the order projected by the regulations.

Article 5: The Society is an organization which does not interfere in political and Religious affairs.

Membership
 

Article 6: The Society has two types of members:

• Full Member
• Honorary Member

Provisions for Full Membership:
 

Article 7 : A Full Member of the Society shall meet the following pre-requisitions:
• The member shall have the ability to use civilian rights and be not less than eighteen years old.
• The member shall not be finally convicted of a crime injurious to honor, honesty or good manners according to the Turkish Penal Code.
• According to the 32 nd article of the Law for Associations numbered 5252, the member shall be Turkish citizen.
• The members with the professions related with medical ethics and medical law (such as physician, dentist, pharmacist, veterinary, nurse, biologist, psychologist and lawyer, philosopher etc.) and the other colleagues related with this field should conduct research and have related publications.
• To accept the regulation of the Society and to commit to pay annual subscription fee and to apply to executive committee with a petition with references of two members.
• To be accepted to the membership with the decision of executive committee.

The persons whose membership is committed to permission with the 32 nd article of the Law for Associations should attach this permission to their applications. Additionally, the persons who are not Turkish citizens should add their residence documents. For the foreigners who will be honorary members, residence documents are not demanded. The memberships of the foreigners are declared to the Governor’s Office within 10 days.

Executive committee of the society is free to accept or deny membership of an applicant. However, the application should be concluded as positive or negative within 30 days and the result should be declared to the applicant.

Honorary Membership Provisions
 

Article 8: An Honorary Member of the Society shall meet the following pre-requisitions:
• To have a good reputation with the researches in the fields of medical ethics and medical law.
• To contribute to the Society.
• To have the provisions of full membership.
• To be accepted by executive committee or general assembly.

Honorary members can attend the meetings of general assembly. However, such members shall have no right to vote. To pay dues is up to their will.

Withdrawal from the Membership

Article 9: The members who have declared their will to withdraw from membership in the written form are dismissed from the society. They are responsible from the due till the time of the withdrawal. In the reapplication for the membership of the persons who had withdrawn, 7 th and 8 th articles of the regulation are taken into consideration.

Dismissal from the Society

Article 10: The membership may be terminated in the following circumstances with the decision of the executive committee:

• When the member fails to fulfill one or more of the prerequisites of membership afterwards
• When the member fails to pay or delay payment of the subscription fees two years beyond due date, despite the registered letter of notification addressed to him/her by the society.
• When the member commits an act to the defilement of the Society’s good standing on breach of values thereof, to display undesirable attitudes or acts, to make difficulties for the executives fulfilling their functions, to ruin work order; following his/her defense upon the suggestion of the executive committee dismissal from the society with the decision of the executive committee.

Executive committee may forbid the participation of the about-to-be-dismissed member to the functions of the society or the meetings of the organs. About-to-be-dismissed member has the right to appeal to the General Assembly against the decision of Executive Committee. Such appeal should be included in the agenda of the first meeting of the General Assembly (if desired, there may be a decision to hear the member in question). The General Assembly’s decision made in this respect shall be final.

Organs, Committees, Authorities and Affairs of the Society
 

Organs of the Society
 

Article 11: The organs of the Society are as follows:

• General Assembly
• Executive Committee
• Audit Committee

General Assembly

Article 12: General Assembly consists of full members and is the highest authority organ. It shall hold its meetings in the principal location of the society in Istanbul, once in two years in May. The meetings of the General Assembly can not be made in any other location than the principal location of the society. The members are called for the meeting with an advertisement in a local paper stating the day, hour, place and agenda of the meeting at least fifteen days before the scheduled day of the meeting. Also, an invitation is sent with a registered letter. In the newspaper advertisement, there is also information on when the second meeting will be held if the first meeting cannot be conducted due to the lack of majority. There should be at least one week between the first and the second meeting. If the meeting is postponed due to another reason, this is announced with a second advertisement in the same local newspaper by indicating the reason(s) for postponement. The second meeting should be held within two months at the latest following the date of postponement. The members are called for the second meeting with the following provisions and methods. The General Assembly meeting cannot be postponed more than once. The date, hour, location and agenda of every meeting is notified to the Governor’s Office at least fifteen days before the scheduled date of the meeting, the list displaying the members that will attend the meeting is added to this petition.
 

The General Assembly Meeting

Article 13 : General Assembly Meetings are two kinds:
• Regular meeting
The General Assembly may be called by the executive committee according to the 12 th article.
Executive committee determines agenda. If one-tenth of the members in the meeting want to consider the issues not included in the agenda and give a written petition to the General Assembly chairperson, these topics can also be considered. If this is the case, it is obligatory to include these issues into the agenda and to conclude them. Apart from this, the issues that are not included in the agenda cannot be discussed in the meeting.
• Extraordinary Meeting
Executive Committee or Audit Committee may call the General Assembly for an extraordinary session, if necessary. Such call for convention shall be mandatory, when required by a minimum of one-fifth of the members eligible to attend the General Assembly Meetings, provided that they show reasons for holding such meeting and such a meeting should be held within one month. Should the Executive Committee fail to call the General Assembly to convene; a board of three members may make such call with the decision of Istanbul Peace Court. In the extraordinary meetings, only the items on the agenda are discussed and this fact should be made clear with the request for the meeting. Extraordinary meetings are made according to the 12 th article of the regulation

Article 14: The members that will participate to the General Assembly attend the meeting by signing the list prepared by the Executive Committee. According to the regulation, for meeting to start, there should be one more member than half of the members with a right to participate. This situation is confirmed in the minute book. If enough number of members does not attend the first meeting, the majority is not demanded in the second meeting. However, there should be more twice number of members than the total full member number of the Executive Committee and Audit Committee present in the second meeting. The meeting starts after the fact that enough number of members have attended is recorded in the minute book. The chairman of the executive committee who is also the president of the society or another member of the executive committee authorized by the president opens the meeting. After the opening, a chairman, a vice-chairman and two secretaries are elected with open votes to direct the meeting. Chairman of the General Assembly directs the meeting. Every member has a right for a single vote. A member cannot vote for an absent member by declaring the authorization document. The secretaries arrange the meeting minute book and it is handed to the executive board in response of a document.

Authorization and Function of the General Assembly

Article 15: The following points constitute the authorizations and functions of the General Assembly:

• To elect the members and substitute members of the executive committee and the audit committee.
• To change the regulation of the society and to determine the entry fee and yearly fee.
• To view the reports of the executive committee and the audit committee, to determine the executive committee or to decide on the way of judgment.
• To decide on buying the necessary immovable properties necessary for the society or selling or using the present ones in a different way and to give authorization to the executive committee for going into debts regarding these.
• On condition that the Council of Ministers decision of the Law for Associations is received, to decide on conducting international studies, joining related institutions abroad, having continuous cooperation with these institutions or to authorize the executive committee concerning these.
• To decide for the dissolution of the society.
• To finalize the dismissal from the society decisions.
• To perform the functions stated in the related laws and in the regulation by the General Assembly.

Election, Authority and Functions of the Executive Committee

Article 16: Executive Committee consists of 7 full and 3 substitute members elected by the General Assembly with secret vote among members. It consists of 7 full members, a chairman, a vice-chairman, an accountant, a secretary-general, and 3 substitute members. Additionally, the former president of the society who is replaced by another with election stays in the executive committee as a natural member for another term with the right to vote remaining. In case of any release in full member position, substitute member according to the number of votes is called on duty.

Executive Committee performs the following functions:

• Electing the president of the society, representing the society or authorizing a member or members for this, deciding on assigning a member as the representative of the president,
• Deciding to accept into and dismiss from membership, deciding for the prohibition stated in the item c of the 10 th article,
• Performing the operations related with the incomes and expenses of the society, preparing the budget draft for the next term and presenting it to the General Assembly, collecting the dues decided by the General Assembly,
• Arranging the national and international scientific relations on medical ethics and medical law, organizing national and international symposiums, panels and conferences when necessary and making decisions regarding these issues,
• Preparing the work report and work programs that will be presented to the General Assembly, executing the decisions of the General Assembly, calling the General Assembly for a meeting, executing the decisions of the audit committee, assisting these organs by preparing the necessary conditions for work,
• Undertaking obligations, auditing the studies with published works and conducted studies, providing the relations with juristic persons, performing necessary institutions and regulations,
• Making transfers among the sections and articles in the society budget, opening new sections and articles, receiving incomes and approving expenses,
• Electing the secretary and accountant of the society, employing and dismissing employees of the society and determining their wages according to the budget,
• Performing the functions stated in the related laws and the regulation of the society and using the given authorities.

Executive committee meets as at least 4 members when necessary and decides with the majority of the votes. In case of equality of the votes, the decision of the party bearing the president is valid. In case of the releases in the executive committee are not substituted and the committee is dissolved, 28 th article of the Law for Associations is put into practice.

Division of the Functions :

Article 17 – Executive committee elects the president of the society, secretary of the society, accountant of the society in the first meeting with secret votes and the absolute majority. President of the society can be elected repeatedly for two terms at the most.

PRESIDENT represents the society at home and abroad, is involved in all official and private institutions, organizations, committees and judgment organs in the name of the society or can assign a representative; ensures that the functions of the society flows according to the laws and conditions in the regulation, views and directs the studies.

VICE-PRESIDENT performs the functions of the president when s/he is not present or when s/he sees it necessary.

SECRETARY is responsible from the paper work especially from the internal government of the society; is the director of the situations from keeping the books and records to making sure that the employees work and the operations are concluded.

ACCOUNTANT is the leading responsible person for the income and expense operations of the society; carries out the leading function in the preparation of the budget draft, protection and improvement of the movable and immovable properties of the society, keeps the records and is the executive committee representative of the financial affairs.

MEMBERS attend the executive committee meetings with the right to vote and undertake the responsibilities given by the executive committee.

FORMER PRESIDENT is the natural member of the executive committee for one term and has the right to vote.

Audit Committee

Article 18 – It consists of 3 full and 3 substitute members elected with secret votes by the General Assembly. It audits the accounts of the society at least two times a year, declares the results to the executive committee and at the end of a two-year work period presents its report to the General Assembly. Under indispensable conditions, it may decide to call General Assembly to an extraordinary meeting. Committee elects one of its members as the chairman.

Work Groups

Article 19 – In order to apply the decisions made by the General Assembly and executive committee in the functions that will be performed in order to realize the aims of the society and to investigate and operate essentially for the decisions of these organs, work groups according to their subjects can be formed by the executive committee. Also, temporary work groups can be formed directly by the executive committee to perform some temporary functions. The functions of the work groups run according to the regulation prepared by the executive committee.

Reporting the Election Results to the Administration

Article 20 – The president of the society informs the Governor’s office within 30 days following the election made by the General Assembly in the written form about the names and surnames, father’s names, birth places and dates, the occupations and addresses of the full and substitute members elected to the executive committee and audit committees.

Article 21 - Executive committee may form and dissolve various branches and committees in cases when necessary in order to realize the aim of the society. The regulations and instructions that will lead the functions of these committees are prepared by the executive committee.

Incomes of the Society

Article 22 – The incomes of the society are:

• Member fees, entry and yearly fees are determined by the executive committee according to the current situation. Member fees are 25 million TL for a year.
• The incomes obtained with the functions organized by the society
• The incomes obtained from the properties of the society,
• Donations and aids and additionally the donations and aids that will be collected in line with the law numbered 2860,
• The incomes obtained from the publications, lottery, art, culture, entertainment and sports events, the incomes of the scientific meetings and the functions in accordance with the regulation and the fees for ethical counseling, other internal and external incomes provided with the permission of the related authorities.
10 th article of the Law for Associations for the aids to the society and the 11 th article of the Law for the methods that will be applied for the incomes and expenses will be considered. Acquiring immovable property of the society is performed only by considering 22 nd article of the Law for Associations.
• At least 80% of the gross incomes obtained within the year is put aside and spent for the aims projected in the regulation.

Books and Records

Article 23 – The society keeps and organizes the following books, records and files.

• Member Registration Book
• Minute Book (Separate for General Assembly, Executive Committee and Audit Committee)
• Receipt Document Registry Book
• Income and Expense Book
• Inventory
• Administration Book

Income of the society is collected with a receipt document and the expenses are made with an expenditure document. In the receipt document, the identity of the person making the donation is clearly indicated and he/she signs this document. Retention period of the documents is five years on condition that the decisions stated in special laws on a longer retention period reserved. Executive committee of the society determines the persons that will collect the donations and dues with a decision and this decision is officially registered to the civil service department.

Internal Audit Methods of the Society

Article 24 – Internal audit of the society is conducted by the audit committee in accordance with the Law for Associations and the regulations of the society. As a foundation for the investigations of the audit committee and to be passed through the General Assembly, a regulation can be made to maintain the agreement among the members who had come together to realize the aims of the society or to strengthening the solidarity, to discipline member relations, to realize the determined work plan, budget and the program practiced in the best way possible.

Debt Procedure of the Society

Article 25 – In case of necessity, the society gets into any kind of debt with the decision of the executive committee.

Final Rules

Change of Regulation

Article 26 – Change of regulation depends on the presence of a special item in the agenda of the General Assembly and the fact that 2/3 of the present members vote for it. If there is no item in the agenda for this, it can be added with a proposal.

Dissolution of the Society

Article 27 – The Society can be dissolved at anytime with the decision of the General Assembly. However, this issue should be on the agenda of the meeting and at least 2/3 of the members who have the right to participate the meeting should be present in the meeting. If this majority can not be achieved in the first meeting, in the second meeting that will be held according to the 12 th article, whatever the number of members present, dissolution can be discussed. The decision can be made with the votes of 2/3 of the participants. The decision for dissolution is declared to the Governor’s Office within 30 days by the executive committee.

Discharge

Article 28 – When the decision for the dissolution of the society is made, the place where the properties turned over is included in this decision.

Rules to be practiced

Article 29 – For the issues or cases for which there is no rule stated in the present regulation, primarily the Law for Associations and Civil Code are applied. If there is no clear solution in these documents, then General Assembly makes a decision by using related arrangements.

Article 30 – The persons of medical ethics and medical law whose names are indicated below established the society in the year 2004: