STATUTES AND BYLAWS OF THE
BULGARIAN PSYCHIATRIC ASSOCIATION
GENERAL
Article 1. The
Bulgarian Psychiatric Association (the BPA) is an independent, non-political not
for profit corporation of societies of psychiatrists and other professionals who
are involved in medical treatment, training, research and other professional
activity in the field of mental health and psychiatry, who accept this
Constitution, who meet the requirements for membership and who have declared
their free will to participate in the organization.
Article 2. BPA is
a confederal corporation. BPA comprises independent organizations with at least
75% of psychiatrists among the members.
Article 3. BPA has
a juridical status and its Headquarters are in Sofia, 15 Dimitar Nestorov Str.
OBJECTIVES
Article 4. The
objectives of the BPA are the following:
1. to achieve the common goals in preserving the
differences in the name of the dignity and the morality of the psychiatric
profession, the well-being of the members and the society as a whole;
2. to promote mental health of Bulgarian citizens
and to improve the mental health care;
3. to support the free and honest practice of the
psychiatric profession.
METHODS FOR ACHIEVING THE OBJECTIVES
Article 5. In
order to achieve its objectives the BPA:
1. guarantees the free discussion of all problems
concerning the mental health and the psychiatric profession in a sense of
tolerance, fellowship and respect for the opinions and the conceptions of each
of its members;
2. assumes, requires and advances high standards
of the medical treatment, training, research and other professional activity in
the field of mental health and psychiatry, conform to the European and universal
standards in this field;
3. requires from its members constant improvement
of their professional knowledge and skills;
4. accepts the ethical bases of the psychiatric
profession as stated in the Medical Ethical Code of the Bulgarian Medical
Association and controls observing of these bases;
5. stimulates and promotes the professional
education of the members, the research work in the field of mental health and
psychiatry, and the exchange of information;
6. assists the circulation of psychiatric
information and knowledge and makes it available to other professionals of
medicine, and to the public;
7. speaks out on behalf of the psychiatric union
whenever the state policy, planning or legislation deal with problems concerning
the mental health or the psychiatric practice;
8. supports and conveys in the country the
principles, declared by the United Nations Organization and its specialized
bodies, the World Medical Association, and the World Psychiatric Association
concerning human rights, medical ethics and standards of the psychiatric
profession;
9. represents the psychiatric union in the
country and abroad and promotes the cooperation with corresponding national and
international professional and scientific organizations on the basis of mutual
interest;
10. fosters cooperation and mutual assistance
with institutions and organizations in Bulgaria, and provides permanent
coordination and interaction with the Bulgarian Medical Association, the
Bulgarian Psychological Association and other professional and humanitarian
organizations.
MEMBERSHIP
Article 6. (1)
There are six categories of membership in the BPA: Full Members, Life Members,
Honorary Members, Candidate-Members, Associated Members, and Corresponding
Members.
(2) Full Members are physicians who have at
least 3 years of experience in psychiatry, have completed training in accordance
with the standards of the BPA, who have either a valid license to practice or
hold an academic, research, or governmental position that does not require
licensure, and who are practicing the profession.
(3) Candidate-Members are physicians in
training, who have not yet fulfilled the requirements for Full Members.
(4) Associated Members are persons who through
their professional activities are related to mental health and psychiatry.
(5) Corresponding Members are physicians who are
qualified for Full Members but are practicing outside the territory of the
Republic of Bulgaria.
(6) Life Members are those qualified for Full
Membership but who are no longer practicing the profession.
(7) Honorary Members are physicians or other
persons who have rendered signal service in the promotion of mental health and
psychiatry or have distinguished contribution in furtherance of the objectives
of the BPA.
Article 7. (1) An
applicant for membership in the BPA shall submit to an organization (society) of
his choice, incorporated in the Association a written request and a
recommendation from two Full, Life or Honorary Members. The members of the
corresponding organization vote admission to membership.
(2) Corresponding or other members who do not
wish to be members of a separate organization incorporated in the BPA shall
apply for direct (individual) membership in the Association. The Membership and
Constitution Committee submit their applications and their admission is voted by
the Board of Trustees.
(3) Honorary Members may be elected by the
General Assembly upon the recommendation of the Board of Trustees.
(4) An applicant for membership in an
organization incorporated in the BPA may be refused election or promotion to
more advanced membership by this organization. The refusals together with the
grounds for the decision have to be declared in written form to the applicant.
(5) Applicants dissatisfied with a refusal under
the previous item can appeal against it in written form to the Control
Commission of the BPA in the span of 14 days from the receipt of the refusal.
(6) Applications for promotion to another
category of membership are presented once per year under the regulations in the
previous articles.
(7) Suspension of membership may be effected on
the following occasions:
1. upon declaration of the member before the
organization, incorporated in the BPA, which has registered the membership or
before the Board of Trustees;
2. if the member has not paid the membership dues
for a period of one year.
(8) Exclusion of a member of the BPA is made
upon decision of the organization that has registered the membership, the Board
of Trustees, or the Ethics Committee.
Article 8. (1)
Membership in an incorporated in the BPA organization does not automatically
imply membership in the BPA. In the incorporated organizations can apply for
membership persons who do not meet the requirements of the BPA, but only those
of the statutes of these organizations.
(2) When one of the incorporated organizations
ceases to exist its members can preserve their membership in the BPA by being
admitted as members into another of the incorporated organizations or through
individual membership in compliance with Article 7, para.2.
(3) There is no difference among the members of
the BPA on the grounds of the differences among the incorporated organizations
whose members they are.
(4) Adoption of these Statutes does not change
the membership status of the members of the incorporated organizations. Future
modifications of these Statutes will not affect the status of present members at
the time of adoption.
Article 9. All
categories of members in the BPA have the following rights:
1. to express their views concerning the
activities of the BPA and all problems connected with mental health and
psychiatry, to submit modifications of the Statutes and all documents of the
BPA;
2. to participate in the process of nomination of
candidates for all electable positions in the BPA;
3. to take part in the standing committees and
the interim commissions, councils and expert groups if elected or appointed,
with the exception of instances of limitation for some categories of members
expressly provided for;
4. to attend the sessions of the central bodies
and the standing committees, except of the Ethics Committee;
5. to have priority of access to the information,
the research work and the professional educational programmes of the BPA;
6. to receive assistance from the BPA for solving
professional problems;
7. to be informed about all the activities of the
BPA;
8. not to participate and not to support those
activities of the BPA, which are voted by the majority but contradict their
personal convictions.
Article 10. Full
members and Life members of the BPA have the right to elect and be elected to
all electable position with the exception of limitation expressly provided for
Life members.
Article 11. All
categories of members in the BPA have the following obligations:
1. to observe the Statutes and all other
documents of the BPA;
2. to participate in the activities of the BPA
directed towards the achievement of its objectives;
3. to abide by the established by the BPA ethical
standards of the psychiatric profession and all approved standards;
4. to pay regularly their membership dues in
amount and under the regulations determined by the General Assembly
(2) Life members of the BPA as well as
unemployed members pay 50% of the amount of the opening and annual dues.
(3) The annual membership fee of the BPA is
included in the annual fee of the incorporated organization and is determined by
this organization.
STRUCTURE
Article 12. (1)
BPA is constituted of autonomous organizations (societies) that can be legal
entities or individual members.
(2) The autonomous organizations (societies)
incorporated in the BPA are established on the territory of the Republic of
Bulgaria and settle their activities according to own statutes conform to these
Statutes.
(3) Organizations present their application for
membership in the BPA to the Board of Trustees together with their constitution
documents.
(4) Resolution for admission of an organization
is taken by the General Assembly on the basis of a proposal from the Board of
Trustees and an assessment from the Membership and Constitution Committee
GENERAL ASSEMBLY
Article 13. (1)
The General Assembly is the supreme body of the BPA.
(2) The General Assembly is summoned by the
Board of Trustees every year and is composed of representatives elected on a
proportional principle from all categories of members of the BPA from the
members of the organization incorporated in the Association. Members of the
Central bodies of the BPA also participate in the General Assembly and have
equal delegate rights.
(3) The date and the agenda of the General
Assembly are announced in writing at least two months before its opening to all
organizations and individual members of the BPA.
(4) An Extraordinary General Assembly is
summoned by the Board of Trustees upon request of at least one tenth of all Full
and Life members of the Association who state the proposed agenda.
(5) The terms of the previous paragraph
observed, the Board of Trustees summons an Extraordinary General Assembly within
a two-week period, otherwise it is summoned by the District Court corresponding
to the registered office of the BPA.
(6) The General Assembly is considered
legitimate if more than two thirds of all delegates are present.
(7) If the required quorum is not present, the
session of the General Assembly is postponed by one hour after which it is
considered legitimate if half of the delegates plus one are present. If not it
is postponed by 15 to 30 days and considered legitimate regardless of the number
of delegates present.
Article 14. (1)
Each delegate of the General Assembly has right to one vote. No voting by proxy
is admitted. Individual members (Article 7, p.2) have the right to take part in
the General Assembly but have no voting right.
(2) Decisions of the General Assembly are
adopted by a simple majority of votes except in cases of modifications of the
Statutes, of dissolution or amalgamation of the organization with another
organization when a two-third majority of present delegates is required.
(3) Voting for the elected officers of the BPA
(the Executive Board) and for the Chairmen of the Control Commission and the
Ethics Committee is direct and secret. If a candidate does not receive half of
the votes plus one vote, a second round is carried out. The two candidates who
have obtained the greatest number of votes participate in this second round and
elected is the candidate who has obtained more votes than the other.
(4) When members of the Board of Trustees and
the Control Commission are being elected, there is one round of voting and
elected are considered those candidates who have obtained more votes until the
vacancies are filled up.
Article 15. The
General Assembly has the following powers:
1. to adopt and to amends the Statutes of the
BPA;
2. to take resolution for the dissolution of the
BPA or its amalgamation with another organization;
3. to elect the officers in the Central bodies of
the BPA and the Ethics Committee;
4. to determine the representativeness of the
following General Assembly;
5. to approve the budget of the BPA and to
determines the registration and the annual membership dues and the mode of their
collection;
6. to approve the reports of the Central bodies
and the standing committees and to take decision on them;
7. to determine the printed issues of the BPA and
to appoint the Editorial Board;
8. to decide which positions of elected officers
will be paid and to establish the salaries;
9. to decide on the exclusion of members of the
BPA;
10. to settle disputes among the Central bodies
of the BPA and the standing committees, and other disputes within its
competence;
CENTRAL BODIES
Article 16. (1)
The Central bodies of the BPA are: the Board of Trustees, the Executive Board
(elected officers) and the Control Commission. They are elected by the General
Assembly.
(2) During their mandate, members of the Central
bodies cannot be nominated to another electable position in the BPA.
Board of Trustees
Article 17. (1)
The Board of Trustees consists of:
1. seven Full or Life members of the BPA elected
at large (no matter which of the incorporated organizations they are members
of). They are voting members and can be elected for two successive terms of two
years each, and again - only after a three year period;
2. the elected officers of the BPA (members of
the Executive board) while in their mandate. They have only consultative vote.
(2) The Board of Trustees holds at least one
regular session between two Ordinary General Assemblies, but it can be summoned
at any time upon decision of the Chairman of the BPA or by request of one third
of its members.
(3) At its first session the Board of Trustees
elects its Chairman and the Vice-Chairman who organise the activities of the
Board and preside at its meetings.
(4) The Board of Trustees takes decision by a
simple majority when at least half of its voting members are present at the
session.
Article 18. (1)
The powers of the Board of Trusties are:
1. to determine and to guide the activities of
the BPA in accordance with the decisions of the General Assembly;
2. to submit the annual budget to the General
Assembly;
3. to control the property and the finances of
the BPA and to direct its expenditures in conformity with its aims and
objectives;
4. to submit to the General Assembly the
structure and the members of the Editorial Boards of all printed issues of the
BPA and to supervise their activity;
5. to supervise the selection of the
administrative staff and other employees and experts, appointed by the Executive
Board and to confirm their remuneration;
6. to assist the activities of the incorporated
in the BPA organizations;
7. to perform all other acts consistent with the
Statutes that may be needed to carry out the purposes and resolves of the BPA.
8. to interpret the Statutes and by-laws of the
BPA if needed.
Article 19. (1)
In some circumstances the Board of Trustees may have recourse to consultation or
voting by mail. The results are considered legitimate when if at least 50% plus
one member from all Full, Life, and Honorary members of the BPA have responded.
The vote is considered positive if at least two thirds of the votes are
supportive.
(2) Consultation or voting by mail is organized
by the Board of Trustees upon written request from at least 50 Full, Life, or
Honorary members of the BPA. In such a case if a decision or an act of the
Executive Board or the Board of Trustees is being contested and the vote is
confirmative (the terms of the previous paragraph observed), the Board of
Trustees submits the problem for discussion at the next General Assembly.
Article 20. (1)
The Board of Trustees of the BPA summons every year an Annual Conference with a
scientific and educational programme. Within the framework of the Conference a
regular meeting of the Board of Trustees is being hold as well as the annual
session of the General Assembly.
Elected officers (Executive Board)
Article 21.
Elected officers of the BPA are: the President, the President-Elect, the Past
President, the Secretary and the Treasurer.
Article 22. (1)
The President handles all current issues of the BPA in pursuance of the
decisions of the General Assembly and the Board of Trustees. The President
represents the BPA in all official matters in the country and abroad.
(2) The President appoints the Chairmen and the
members of the standing committees after their approval by the Board of
Trustees, with the exception of the Ethics Committee elected by the General
Assembly. The President appoints all administrative employees of the BPA.
(3) The President may appoint interim
commissions, councils, working groups on various problems with the participation
of the members of the BPA or other experts.
(4) The President holds his office until the
next Ordinary General Assembly when he takes the office of Past President,
(5) The President-Elect elected by the General
Assembly after one year period assumes automatically the office of President
with a one-year mandate.
(6) The Past President and the President-Elect
assist the President in the execution of his duties.
(7) A Full member of the BPA may be re-elected
for the post of President-Elect only after a three-year period after the
expiration of his mandate as Past President.
(8) In cases of withdrawal, death or incapacity
to function, the President-Elect replaces the President.
(9) In cases of withdrawal, death or incapacity
of the President-Elect to fulfill the duties of the President, the Board of
Trustees appoints another Full member of the BPA to carry out the functions
until the next session of the General Assembly when the same person or another
candidate is elected for President.
Article 23. (1)
The Secretary and the Treasurer are elected for a three year period and may be
re-elected to the same office for another three year mandate. After this, the
same persons may be nominated and elected to the same office only after a
three-year period after the expiration of their last mandate.
(2) The Secretary organises the current
activities of the Executive Board and the Board of Trustees and is also
responsible for all papers and records of the BPA, the correspondence and the
liaison with individuals and institutions.
(3) The Treasurer administers the financial
activities and the property of the BPA in conformity with the decisions of the
General Assembly and the Board of Trustees. The Treasurer is responsible for the
safekeeping, spending, accounting and other operations with funds and the
property of the BPA. The Treasurer prepares the financial report and the
draft-budget of the BPA for each General Assembly.
Control Commission
Article 24. (1)
The Control Commission includes a Chairman and members whose number is decided
by the General Assembly. Members of the Control Commission are elected among the
Full and Life members of the BPA for a period of three years and may be
re-elected to the same mandate. A subsequent election of the same persons for
the same post is possible after a three-year interval.
(2) The Control Commission has the following
powers:
1. to monitor the observance of the Statutes and
other documents of the BPA by the Board of Trustees, the Elected officers (the
Executive Board), the incorporated organizations and the members of the BPA;
2. to control the finances and the property of
the BPA and the actions which may concern these.
Standing Committees
Article 25. (1)
The standing committees of the BPA are: the Ethics Committee, the Finances and
Budget Committee, the Statutes and Membership Committee, the Nominating
Committee, the Committee on publications, the Committee on standards, and the
Programme Committee.
(2) The President of the BPA after approval by
the Board of Trustees appoints the standing committees with the exception of the
Ethics Committee. Every year the President appoints Chairman of each of the
committees.
(3) The President of the BPA after approval by
the Board of Trustees may replace at any time any of the members of the
committees to the best of the interest of their functioning and the purposes of
the BPA.
Article 26. (1)
The Ethics Committee consist of a Chairman and members whose number is decided
by the General Assembly.
(2) Members of the Control Commission are
elected among the Full and Life members of the BPA who have been members for at
least ten years. During their mandate, members of the Ethic Committee cannot be
nominated to another electable position in the BPA.
(3) The Chairman and the members of the Ethics
Committee are elected for a period of three years and may be re-elected to the
same mandate. A subsequent election of the same persons for the same post is
possible after a three-year interval. The election is organised in such a way
that one third of the members are replaced every year.
(4) The Ethics Committee monitors the observance
of the ethics standards of the psychiatric profession and all of the resolutions
of the Committee have binding power upon the members of the BPA.
(5) The essential resolutions of the Ethics
Committee (those of important consequences on the BPA or on a separate member of
the Association) are taken with consensus. Otherwise the Committee declares the
impossibility of reaching a decision and submits the problem to the General
Assembly.
(6) The essential resolutions of the Ethics
Committee on controversial issues are being taken after giving a hearing to all
parties concerned and they have right to appeal against the decision.
(7) The activity of the Ethics Committee is
regulated by rules established by the General Assembly
Article 27.
(1) The President appoints the Nomination and Election
Committee immediately after the General Assembly. Each of
the incorporated societies nominates at least three
candidates and the President appoints the members of the
Committee from among those candidates, choosing one Full and
one Life - member from every society.
(2) The Nomination and Election Committee
immediately starts to compile the nomination lists with at least two candidates
for each elective post and presents them to the Board of Trustees at least two
months prior to the General Assembly. All members of the BPA should in due time
be notified of the list.
(3) The Nomination and Election Committee
organises elections during the General Assembly. An interim Committee specially
appointed by the General Assembly controls the procedure and returns of
elections.
Article 28. The
Committee on Statutes and Membership:
1. makes proposals on amendment of the Statutes
and other documents of the BPA to be decided by the General Assembly. The
Committee presents its proposals to the Board of Trustees at least two months
prior to the General Assembly.
2. works out the formulation and monitors
applying the criteria and procedures of admission, suspension and exclusion of
members of the BPA.
Article 29. The
Committee on Standards has authority over working out the standards for
prevention, treatment, education, training and other professional activities in
the field of mental health and psychiatry as well as the criteria for assessment
and the procedures for licensing.
Article 30. The
Programme Committee has authority over the arrangement and content of the
scientific and educational programmes of the BPA as well as the scientific and
educational sessions of the Annual Conference of the BPA
Article 31. The
Committee on Finances and Budget controls collecting of membership fees and
raising funds, and explores possibilities of most appropriate utilising the
finances and the property of the BPA for the achievement of the BPA goals.
Article 32. The
Committee on Publication and Information Activities organises the publication
activities of the BPA.
PROPERTY
Article 33. (1)
The property of the BPA may comprise funds, belongings, rights on property and
other assets that may be necessary for its activities and are admitted under the
provisions of Bulgarian Law.
(2) The property of the BPA is formed by:
1. registration fees and membership dues;
2. receipts from the printed issues of the BPA,
from educational, informational and research programmes of the Association;
3. receipts from donations, testaments,
subsidies, grants and other activities of the BPA.
Article 34. The
BPA may create funds, mutual aid funds and foundations, and participate in
foundations and other organizations that may contribute to the achievement of
its goals, the respective decisions being adopted by the General Assembly.
AMENDMENT OF STATUTES
Article 35. The
Statutes of the BPA may be amended only by the General Assembly on
recommendation by the Board of Trustees or by no less than 50 Full and
Life-members of the BPA. Any recommendation for the change of the Statutes has
to be submitted at least two months before the General Assembly and to be
presented to the delegates at least one month prior to the meeting of the
General Assembly.
TRANSITIONAL PROVISION
Till the General Assembly works out and adopts
special standards for the psychiatric profession, the only criterion for
admission to Full membership is one’s officially authorized license for
psychiatry
FINAL PROVISIONS
1. The BPA is
established for an unlimited period of time.
2. The seal of the
BPA is round shaped with the inscription “Bulgarian Psychiatric Association” in
Bulgarian language.
3. The full name
of the BPA and the address of its registered office are indicated on all
documents and publications of the BPA.
4. The BPA assumes
responsibilities with the signature of the President or an authorised by the
President member of the Board of Trustees.
5. All issues that
are not settled by the present Statutes are decided according to the Bulgarian
law in force.
6. The present
Statutes are adopted by the Inaugural Assembly of the BPA in the town of Radnevo
on 17 May 1992 and are amended with decision of the General Assembly of the BPA
on 27 September 1997.
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