January 1997 Bulletin

Academy Resolutions

The Resolutions Committee will conduct an Open Hearing regarding the proposed resolutions on Friday, Feb. 14 from 7:30 to 10 a.m. in Salon 1-6 of the San Francisco Marriott. The Bylaws Committee will conduct an Open Hearing regarding the proposed Bylaws amendments to be voted on at the Annual Meeting on Friday, Feb. 14 from 2 until 4 p.m. in Salon 1-6 of the San Francisco Marriott. The resolutions to be considered and voted on by the Fellowship at the 1997 Annual Meeting follow.

Resolution 1
Binding nature of late resolutions

If adopted, the resolution would require the Academy to reaffirm its existing policy, to wit: that resolutions submitted up to 90 days prior to the Academy Annual Meeting shall continue to be considered by the Board of Councilors at its meeting immediately prior to the Annual Meeting. In addition, the proposed resolution reaffirms that all resolutions which are adopted by the Fellowship at the Annual Meeting shall be binding upon all the Academy Board of Directors, irrespective of whether they have been considered by the Board of Councilors.

The following resolutions have been submitted in accordance with the Academy's Bylaw that requires the
Board of Directors to review all resolutions adopted by the Fellowship within five years of their date of adoption. The Fellowship adopted the resolutions on the following subjects in February 1992. As proposed to be amended by the Board of Directors, they would provide as follows:

Resolution 2
Greatly expanded public relations effort by AAOS

If adopted as recommended by the Board of Directors, the resolution would require that in such vital areas as health policy initiatives, public relations and education of the public, the Academy shall continue to place the highest possible priority on activities to represent orthopaedic surgeons as highly qualified professionals to care for diseases of the musculoskeletal system, including the neck, back and foot. Further, that the Academy, as part of its ongoing reassessment and retargeting of priorities, shall appropriately fund and staff the Academy's Council on Health Policy and Practice and the Committee on Public Education to carry out these priorities.

Resolution 3
Reduced Medicare fees for orthopaedic surgery

If adopted as recommended by the Board of Directors, the resolution provides that the Academy shall support negotiations to eliminate inequities in physician fee schedules and advise private insurance carriers, workers' compensation boards and state Medicaid agencies not to adopt a flawed RBRVS system. Further, the Academy also would continue to express its concerns about and investigate: the legality of limitations on balanced billing; methods of updating and correcting inappropriate physician work-values; the establishment of appropriate practice expense values in the RBRVS, based on resource use; inappropriate values for Evaluation and Management (E and M) codes; and other potential vulnerabilities in the physician payment system. The resolution also provides that the Academy shall continue coalition-building with other national medical associations and public interest groups to address these serious issues.

Resolution 4
Routine HIV testing of hospitalized patients

If adopted as recommended by the Board of Directors, the Academy shall retain its policy that HIV testing of hospitalized patients be performed in the same unrestricted manner as any other laboratory test, at the order of the attending physician without specific consent; and further that the Academy shall advocate state and federal legislation consistent with this policy.

Resolution 5
HIV-infected health care workers

If adopted as recommended by the Board of Directors, the Academy shall retain its position that HIV-infected orthopaedic surgeons should not perform invasive surgical procedures except when the patient is informed of the orthopaedic surgeon's HIV status prior to the invasive procedure and consents. Further, that the Academy shall continue to support its position that an HIV-infected orthopaedic surgeon should have his or her practice privileges determined by a local expert review panel, as recommended by CDC guidelines.

Proposed Bylaws amendments

There are five groups of proposed Bylaws amendments to be considered and voted on by the Fellowship at the 1997 Annual Meeting.

Group 1
Modification of the disciplinary process of Fellows and members

If adopted, the grounds for disciplinary actions will be modified: the Secretary, instead of the Treasurer, will notify a Fellow or member of being in arrears of paying annual dues; the Secretary will inform the Board of Directors, if known, of a Fellow's loss, restriction on or limitation of any right to practice medicine in any state; and complaints or requests for disciplinary action of a Fellow or member shall be made in writing to the Chair of the Membership Committee, instead of the President of the Academy.

Group 2
Creation of an international affiliate membership classification

If adopted, an international affiliate member may attend and participate in all Academy scientific meetings and may serve on any committee or task force, but may not hold office or vote at any regular or special Academy business. The membership category of Corresponding Member would be eliminated. An international affiliate member of the Academy would be required to be an orthopaedic surgeon practicing outside the United States who is in good standing with one of the national orthopaedic organizations of the country in which he or she practices; who devotes his or her medical practice to orthopaedic surgery or be actively engaged in teaching of orthopaedic research or that related to the musculoskeletal system; and who maintains a full, unrestricted license to practice. Effective March 1997, each Corresponding Member and Reciprocal Member automatically would become an International Affiliate Member of the Academy.

Group 3
Establishing a Fellowship polling process

If adopted, 10 percent of the Fellows entitled to vote at the Annual Meeting would be entitled to place a Fellowship Poll before the Fellows. The results of such Fellowship Poll shall not be binding upon the Board of Directors.

Group 4
Review of resolutions; mailed ballot on resolutions

If adopted, all resolutions adopted by the Fellowship would continue to be reviewed by the Board of Directors within five years from the date of their adoption unless the resolution specifically provides otherwise or the Fellowship has subsequently acted upon similar subject matter between the resolution's date of adoption and the required review authorized by this section. In addition, the recommendations of the Resolutions Committee at the Annual Meeting would be mailed to all of the Fellows, together with a copy of the resolution and the views of the sponsor and all others who responded to the Committee's request for comments. Fellows would be entitled to vote in favor or against such within 45 days from the date of mailing.

Group 5
Revised resolutions process

If adopted, a resolution might be submitted by a state orthopaedic society signed by its President, without the need for individual signatures of 20 Fellows.

Other amendments to the Bylaws to be "read" at the 1997 Annual Meeting and voted on at the 1998 Annual Meeting

There are three sets of proposed amendments to the Bylaws to be "read" at the 1997 Annual Meeting and to be voted upon at the 1998 Annual Meeting. These include recommendations to substantially amend the Academy's process, an amendment to change the composition of the Academy's Resolutions Committee and an amendment involving the Board's review of Fellowship-adopted resolutions after five years.


Home Previous Page