II. Component Societies
1. Plan of Organization
Except as otherwise provided below, only one Component Society shall be chartered in any one county of the state; however, subject to recommendation by the Council on Ethical and Judicial Affairs and the Board of Directors a charter may be granted to a Component Society having other geographical boundaries, if in the judgment of the Board of Directors the interests of CMS will be best served thereby and the territory constitutes a suitable unit, taking into consideration geographic conditions, political subdivisions and population distribution.
2. Eligibility for Charter
Component medical societies that adopt the principles of organization and a constitution and bylaws in conformity with those of CMS may apply for charter. Upon recommendation of the Council on Ethical and Judicial Affairs and upon approval of the application by the Board of Directors the House shall issue charters to component societies, after which the society shall become a Component Society. The Board of Directors may amend charters or may revoke charters for cause upon the recommendation of the Council on Ethical and Judicial Affairs.
3. Component Society Restructuring
Component societies may be restructured by merger or division as provided in this section. The Board of Directors may issue a charter to a new Component Society when it concludes that the creation of the new Component Society is in the best interests of CMS. A charter shall be issued to the new entity whenever two or more component societies complete a legal merger. The Council on Ethical and Judicial Affairs, whenever component societies are merged or divided, shall recommend to the Board of Directors modifications to the Districts as set forth in Chapter X.
4. Constitution, Bylaws and Amendments
Each Component Society shall keep on file in the Executive Office of the CMS a copy of its current Constitution and Bylaws. No Component Society may amend or revise its Constitution and Bylaws to be in conflict with the Constitution and Bylaws of CMS. Any such amendment or revision found to be in conflict shall be null and void. To avoid conflict any Component Society contemplating amendment or revision of its Constitution and Bylaws shall first submit the proposed amendment or revision to the CMS Board of Directors. The Colorado Medical Society Bylaws shall supersede any Component Society bylaws. The Colorado Medical Society Board of Directors shall be the final authority as to whether conflict exists.
5. Annual Report of Election
Component societies shall submit an annual report of election of officers no later than 30 days after the election, to the CMS Membership Department. When the report has been accepted by the Membership Department, the Component Society shall be held to be in good standing. Component Society physician officers may be local members.
The CMS Membership Department shall immediately notify the president of any staffed Component Society whose required report is delinquent or is disapproved.
6. Negative Appeals of Component Society Decisions
Adverse decisions by component societies on applications shall be in writing and copies thereof shall be furnished to all parties of interest within 10 days after decision. Such decisions shall become final unless appealed in writing within 90 days from the date of decision. With a copy of the decision, the rejected applicant shall be notified of the right of appeal to the CMS Council on Ethical and Judicial Affairs.
7. Duplicate Active Membership
No member may hold Active membership in more than one Component Society in this state; however, a member may hold associate or other non-active membership in more than one Component Society.
8. Jurisdiction Over Physicians in District
Each Component Society shall have jurisdiction and general direction of the affairs of the profession in the territory of that society. A physician living in a county or district having no Component Society may hold membership in a conveniently situated Component Society. A physician residing in a state adjoining the state of Colorado, on or near the state boundary, or residing in a place where no constituent of the American Medical Association has jurisdiction, may hold membership in a conveniently situated Component Society in this state in accordance with the Bylaws and regulations of the American Medical Association. A physician residing in this state shall hold membership in the Component Society that has jurisdiction over the territory in which his or her major professional office is located or in which he/she resides.
9. Waiver of Jurisdiction
A physician desiring to obtain Active membership in a Component Society other than the one in which his or her major professional office is located or in which he/she resides may apply to the society of jurisdiction for a waiver and, if good cause is shown, the waiver shall be granted and the Executive Office of the Colorado Medical Society notified in writing. Any physician refused such waiver by the society of jurisdiction may appeal to the Council on Ethical and Judicial Affairs. Component Society members may choose to remain with their original Component Society should their office or home address change.
10. Records of an Inactive Component Society
Should a Component Society at any time become inactive for any reason, its records shall become the property of CMS, and the records shall be transmitted to the CMS Executive Office for safekeeping.