Bylaws Board

ARTICLE I - NAME

The name of this Board shall be the AMERICAN CHIROPRACTIC BOARD OF INFRARED IMAGING, hereinafter referred to as the Board. The Board is maintained by the American Chiropractic College of Infrared Imaging, hereinafter referred to as the College, which is a division of the Council on Diagnostic Imaging, hereinafter referred to as the Council, a clinical Council of the American Chiropractic Association, hereinafter referred to as the ACA.

ARTICLE II - OBJECTIVES

The purpose of this board is to provide certification parameters for the Council. The function of the Board shall be to examine qualified applicants in the specialty of diagnostic neuromusculoskeletal clinical infrared imaging, and to issue certificates to successful candidates, designating them as Board Certified, and such other functions and duties as may from time to time evolve to the Board from the College and/or Council.

ARTICLE III - ORGANIZATION

A. The Board shall consist of six (6) members. Five (5) of these members must be Doctors of Chiropractic who have successfully passed the certification examination of the American Chiropractic Board of Infrared Imaging (formerly known as American Chiropractic Board of Thermography), and are members in good standing of the American Chiropractic College of Infrared Imaging. These members are appointed to three (3) year terms and may be reappointed for one or more terms, not to exceed three (3) consecutive terms in office, excluding the secretary/treasurer who may be appointed for additional terms.

B. The sixth member of the Board must meet the requirements in Article III Section A or be a faculty member of a chiropractic college which holds status with an accrediting agency recognized by the United States Department of Education; provided that this does not conflict with Section C. This sixth member will serve in an advisory capacity to the other members of the Board for test preparation and administration and will be excluded from the decisions as to whether a candidate actually passes or fails the examination. This advisory member shall be appointed for a one (1) year term which may be renewed indefinitely.

C. No member of the Board may hold administrative or policy-making positions with any chiropractic college or teach classes that lead to Board Certified status in infrared imaging.

D. The officers of the Board shall constitute the Executive Committee of the Board and shall be the president, vice-president, past president, and secretary/treasurer. The president will automatically serve at least a one (1) year term as past president or until succeeded. In the event that the past president dies, becomes disabled, resigns or is removed from office by vote of the Board, this position does not have to be filled. A president, vice-president, and secretary/treasurer will be elected annually by the Board.

E. Membership to the Board shall be by appointment of the Executive Committee of the College and ratified by the Executive Board of the Council. The appointments are to be made from a list of qualified candidates, who are members of the College in good standing, with the approval of the candidate himself. There shall be one or more names submitted by the Board for each vacancy. No person shall serve on the Board who is an officer of either the Council or the College.

F. In the event a vacancy occurs on the Board, the Executive Committee of the College will appoint a replacement, and this appointment must be ratified by the Executive Committee of the Council.

G. Any officer or agent elected or appointed to the Board may be removed by a unanimous vote of the other Board members whenever a majority opinion of the Board deems his actions to be detrimental to the board, and the best interests of the Board and the College would be served by such removal; but such removal shall be without prejudice to the contract rights, if any, of the person so removed. Election or appointment of an officer or agent shall not of itself create contract rights. The removal of officer or agent must be ratified by the Executive Committee of the Council in the same manner as the appointment.

ARTICLE IV - DUTIES

A. The duties of the Board are as follows:

1. To collect examination fees that have been specified by the Board, and to deposit said fees in a bank within the city of the residence of the secretary/treasurer.

2. To cause to be present not less than three (3) members of the Board for the purpose of conducting an examination. Such examinations are to be conducted at a time and place as determined by the Board.

3. To issue a certificate to candidates who successfully pass the examination, designating him to be a Board Certified in Infrared Imaging.

4. Each officer shall report the activities of his office to the other officers on a quarterly basis.

ARTICLE V - DUTIES OF THE BOARD TO THE COLLEGE, COUNCIL AND ACA

A. The Board functions under the authority of the College, and the College functions under the authority of the Council. The ACA House of Delegates is the legislative body of the ACA and determines specific ACA policies, aims and purposes. ACA Council on Diagnostic Imaging and its American Chiropractic College of Infrared Imaging and American Chiropractic Board of Infrared Imaging function as subordinate arms of the ACA, operating only within their specific delegated fields. The Council, College, and Board must act pursuant to and in conformity with ACA policy.

B. The Council, College, and Board shall not act on a major issue on which ACA policy has not been adopted, until an applicable ACA policy has been adopted. The ACA President, with the approval of the ACA Executive Board of Governors, may authorize the Council, College, or Board to act in the interim in the absence of ACA policy and set forth the conditions under which such action may occur. This may occur when the Council, College, or Board President presents a written application to the ACA President stating why it is necessary and desirable to act in the absence of ACA policy, and setting forth in detail the proposed policy.

C. The Board shall have the following duties:

1. To submit to the College and to the Council a written report of activities prepared by the secretary of the Board for presentation at each annual Council Symposium. It is the Council's responsibility to submit this report to the ACA prior to the ACA annual meeting, in accordance with ACA bylaws.

2. To submit a complete list of Board officers and Board Certified specialists in infrared imaging, and their status, to the College, Council and the ACA annually.

3. To submit a quarterly report of all current activities and all proposed activities to the College and Council presidents and secretaries. It is the responsibility of the Council to provide this information to the ACA Board liaison on a quarterly basis.

4. To submit a complete set of Board bylaws biennially to the College and Council for submission to the ACA. When amendments are made, in accordance with Article XIII, it is the responsibility of the Board to obtain the changes as approved by the House of Delegates, up-date the bylaws, and submit an up-dated set of bylaws to the College, Council, and the ACA within sixty (60) days of the close of the ACA Annual Meeting.

5. To have an accountant's review or report conducted through the ACA home office on its finances, including income and expenses, on an annual basis, prior to the mid-winter ACA Executive Board of Governors meeting and to submit this report to the College and Council. It is the responsibility of the Council to submit this report to the ACA annually in accordance with ACA bylaws.

D. The Board, in cooperation with the College and the Council, shall place a disclaimer on all published materials.

ARTICLE VI - COMPENSATION AND EXPENSES OF THE BOARD MEMBERS

A. The secretary/treasurer is authorized to pay all necessary expenses in connection with the duties and functions of the Board.

B. Each Board member authorized to participate in the administration of an examination or other official Board business must have his compensation authorized by the president of the Board.

C. Any member of the Board, functioning as a part of his delegated Board duties, shall be entitled to reimbursement for coach plane fare, portal-to-portal transportation, and a per diem expense consistent with the provisions and bylaws of the Council. Delegated duties shall include administering examinations on behalf of the College, attending both regular and special meetings of the Board, or any other duties which the president of the Board may authorize, with financial approval of the secretary/treasurer.

D. The secretary/treasurer shall receive eighty dollars ($80.00) monthly for secretarial and incidental services not otherwise covered by the Board.

E. The Board shall provide for bonding of all officers having responsibility for Board funds.

ARTICLE VII - EXAMINATION SUBJECT MATTER

The Board shall have the authority to develop examination content and shall be required to publish same. The examination shall include the following subjects:

A. History and Physics

B. Theory behind the physiology and pathophysiology of the human body as related to infrared imaging

C. Patient and clinical protocol

D. Instrumentation

E. Infrared imaging evaluations

F. Differential diagnosis

G. Report writing

H. Medicolegal implications

ARTICLE VIII - REQUIREMENTS FOR APPLICATION

A. The applicant must hold the degree of doctor of chiropractic. The candidate must hold a valid chiropractic license in the state in which he is currently practicing infrared imaging. The candidate must have completed 100 hours of approved classroom instruction in infrared imaging and have passed Part I of the examination. Part I of the examination (the initial written examination) may be taken once the candidate has completed 60 hours of approved classroom instruction in infrared imaging.

Infrared imaging courses taught by chiropractic colleges accredited by an accrediting agency recognized by the United States Department of Education in which the college receives the registration fees, supplies the qualified instructor and pays the instructor's salary, will qualify for consideration. In this regard, the (chiropractic) college will certify the hours and completion status of the attendees, and will provide transcripts upon request. Private seminars will not be acceptable, even if "co-sponsored" by a chiropractic college, except as noted in this section regarding the American Chiropractic College of Infrared Imaging. The training must be obtained subsequent to the candidate's having received his doctor of chiropractic degree.

Seminars sponsored or presented by the American Chiropractic College of Infrared Imaging of the American Chiropractic Association Council on Diagnostic Imaging will also be recognized as appropriate instruction. No more than 12 of the first sixty (60) hours, nor more than 24 of the first one-hundred (100) hours will be accepted from programs sponsored or presented by the American Chiropractic College of Infrared Imaging.

The instructors of these seminars must be Board Certified by the American Chiropractic Board of Infrared Imaging or must be pre-approved by the Board. The accredited chiropractic college presenting the instruction shall determine the content of its courses in infrared imaging.

B. The applicant must have performed a minimum of two hundred fifty (250) infrared imaging studies on patients and submit five (5) complete studies with reports of findings. These five (5) studies must be comprised of at least two (2) cervical series with upper extremities and two (2) lumbar series with lower extremities, with the remaining study being either a cervical or lumbar series with appropriate extremities; however, Part I (the initial written examination) may be taken, providing fifty (50) infrared imaging studies have been performed on patients, with the submittal of one (1) cervical series with upper extremities, one (1) lumbar series with lower extremities, or one (1) full body series, including all extremities, accompanied by a complete report of findings for each.

C. An applicant must be utilizing infrared imaging within his practice as a chiropractor for at least two (2) years to qualify to take Part II (the Board Certified examination). No such time requirement is required for Part I (the initial written examination).

D. An applicant will be termed a Board Correspondent once he has submitted his credentials and they have been accepted by the Board. A Board Correspondent status may not be valid for more than five (5) years from the date of original application. This status may be validated beyond the five year period with additional training, as determined by the Board.

E. Passing a written examination (Part I) is a prerequisite to taking the Board Certified examination (Part II).

F. The Board Certified examination (Part II) can be taken no sooner than six (6) months after successfully passing Part I, except as specified in Section L below.

G. The examination fee shall be set by the Board and shall be reviewed annually.

H. Part I may be taken three (3) times in a three (3) year period or less. If it is not passed by either the third attempt or within three (3) years from the first attempt, then the applicant must present the Board with proof of further training amounting to at least thirty-six (36) hours of study in approved courses, seminars, or symposia before he can take the examination for the fourth time. If the examination is not passed in four (4) attempts, the applicant must successfully complete sixty (60) hours of approved training and again make application to the Board before he will be again considered a Board Correspondent. This renewed status will have a duration of five (5) years.

I. The Board Certified examination must be completed within five (5) years of receiving Board Correspondent status. The Board Certified examination must be passed in three (3) attempts; if not, an additional sixty (60) hours of study will be required before a fourth attempt will be permitted. If the fourth attempt fails, the applicant must retake and pass Part I and complete an additional sixty (60) hours of Board approved training before he will be again considered eligible for the Board Certified examination. Should this occur, Board Correspondent status will be reinstated for a five (5) year period once the applicant has taken the additional hours and reapplied to take Part I.

J. Applicants from any country other than the United States who have been trained in infrared imaging may submit their credentials to the Board, which will determine the equivalence of their credentials and permit the applicant to take the examinations when they have met the equivalent of the above criteria for United States residents. Successful candidates in this category shall not be subject to any special designation but shall, as other successful candidates, be listed as Board Certified in Infrared Imaging.

K. Doctors who have been certified by another national infrared imaging certifying agency in the United States may submit their credentials to the Board, which will determine the equivalence of their credentials and permit the applicant to take the examinations when they have met the equivalent of the above criteria for other United States residents. Successful candidates in this category shall not be subject to any special designation but shall, as other successful candidates, be listed as Board Certified in Infrared Imaging.

L. Candidates who qualify for examination under Section J and Section K above may take Part I and Part II of the examination on the same date, waiving the 6-month delay required of new candidates.

M. The Board is authorized to determine whether a candidate's credentials meet eligibility requirements.

ARTICLE IX - EXAMINATION PROCEDURE

A. Applicants for Part I of the Board Certified examinations shall complete an initial written examination, and submit studies with reports as specified in Article VIII, Section B, as a part of the initial written examination.

Applicants for Part II (the Board Certified examination) shall complete a practical examination. In addition, they shall submit studies, with reports as specified in Article VIII, Section B, for review by the Board prior to the time of examination.

B. Part I is a four (4) section examination, with one of the sections being the submitted study with report. All sections must be passed independently. A passing grade shall be determined by appropriate psychometric standard deviation methodology. If a candidate passes three (3) of the four (4) sections, then he only has to retake the failed portion. The failed portion can be retaken twice more before the examination has to be retaken.

Part II is a four (4) section examination, with one of the sections being the submitted studies with reports. All sections must be passed independently with a passing grade of 80%. If a candidate passes three (3) of the four (4) sections, then he only has to retake the failed portion. The failed portion can be retaken twice more before the examination has to be retaken. The studies must constitute one (1) of the successfully passed sections, in order to hold the three (3) successfully passed sections.

C. The Board shall meet for the purpose of conducting examinations at a time, place, and date selected by the Board. Published notice of the examinations shall be made to the profession at least three (3) months prior to the specified date and time.

The Board will physically meet four (4) to eight (8) weeks after giving Part II of an examination, in order to grade the examination and approve the status of the candidates. The minimum attendance at both functions shall be a quorum.

D. Examination papers of candidates shall be retained by the individual examiners for three (3) years following the date of the examination for the purpose of such review or inspection as may be desired. Following the three year retention period, these shall be destroyed.

E. The Board, or its members, may not make available for sale or distribution any copies of previous examinations.

F. All successful candidates shall have a registration number assigned in the chronological order of their successful completion of the Board Certified examinations, and their submitted documents and other records shall be retained in the files of the secretary/treasurer.

G. Compilation of grade scores for each examination shall be maintained in the files for such future reference as may be necessary in addition to the transcribing of individual grades in the candidates' files. Confidentiality of the file is to be maintained. Only current members of the Board and the candidate himself shall have access to this information.

H. A certificate shall be issued to all candidates who successfully pass the Board Certified examination. The certificates will be issued only after an appropriate certificate fee, to be determined by the Board, has been paid.

ARTICLE X - FEES

The Board is entitled to set fees for applications, examinations, and certificates.

ARTICLE XI - DISPOSITION OF COMPLAINTS

A. If a complaint or dispute arises questioning a College or Board action, the College, Council, and the ACA shall be notified of the activation of this section of the bylaws.

B. Administrative adjudication of a complaint/dispute:

1. The complainant shall specifically state his complaint in writing for response by the Executive Committee of the College.

2. The Executive Committee shall respond within thirty (30) days to the submitted complaint.

3. The complainant shall then have thirty (30) days to respond to the report of the Executive Committee, and submit additional information supportive of his complaint.

4. The Executive Committee shall then have thirty (30) days to respond to the complaint and additional information being submitted.

C. In the event that the administrative adjudication is unsuccessful:

1. The College, Council, and ACA shall again be notified.

2. A Review Board shall be formed consisting of:

a. An ACBII (formerly ACBT)-Certified specialist in infrared imaging designated by the Board who is neither a member of the Board nor a member of the Executive Committees of either the College or the Council.

b. An individual who is either an attorney or trained in the law, such as an arbitrator or hearing officer, designated by the Executive Committee of the College, who shall act as chairman of the Review Board.

c. An individual designated by the complainant.

3. The Review Board shall remain neutral, and shall act as a judicial tribunal to hear the dispute. The Review Board shall set a date for a hearing and conduct a hearing at which time the Board shall make a presentation concerning the dispute and the complainant or representative thereof shall make a presentation concerning the dispute. Witnesses, testimony, and other evidence shall be presented to the Review Board for its consideration. The Review Board shall make a finding of facts and conclusions, binding on all parties, within sixty (60) days of the hearing.

4. All costs for the Review Board proceeding shall be borne and paid by the non-prevailing party, including but not limited to attorneys' fees and per diem expenses and remuneration of Review Board members and witnesses.

5. In order to initiate the proceeding, the complaining party shall post with the College a bond in the amount of fifteen thousand dollars ($15,000.00), unless, upon a showing of good cause, the College determines that a lesser amount is appropriate. If the complaining party prevails, the bond shall be returned. If the complaining party does not prevail, the bond amount shall be applied to the College's and Board's costs and attorneys' fees; and any balance shall be returned. Any costs and attorneys' fees exceeding the bond amount shall be paid by, and may be recovered against, the complaining party.

ARTICLE XII - PARLIAMENTARY AUTHORITY

A. Robert's Rules of Order, Newly Revised, Current Edition, shall apply to all of the meetings of this Board and to all questions of procedure and parliamentary law not specified in these bylaws.

B. Nothing in these bylaws is intended to conflict with the Articles of Incorporation or bylaws of the ACA, which take precedence.

ARTICLE XIII - AMENDMENTS

A. Amendments to these bylaws may be proposed by any member of the Board.

B. Proposed amendments must be approved by a majority vote of the total number of Board members.

C. All proposed amendments are subject to approval by the Executive Committee of the College. Such may be submitted to the College for approval at any time during the course of the year, but in no case later than 90 days prior to the annual business meeting of the ACA.

D. All amendments are subject to approval by the Executive Board of the Council and the ACA House of Delegates and are not in effect until so approved.

ARTICLE XIV - TERMINOLOGY

The terms "he," "his," etc., are used in these bylaws in the generic sense which means person - not gender of the person.

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BYLAWS

AMERICAN CHIROPRACTIC BOARD of INFRARED IMAGING