Proposed By-Laws

ARTICLE I: NAME

  1. This organization shall be called the American Board of Oriental Reproductive Medicine, hereinafter referred to as the Board.

ARTICLE II: PURPOSE

  1. The purpose of the certification program of the North American Board of Oriental Reproductive Medicine shall be to conduct certification activities in a manner that upholds standards for competent practice in the health care specialty of Oriental Reproductive Medicine. The Board shall also conduct recertification designed to enhance the continued competence of the individual.
  2. The population of certificants shall be Professional Acupuncturists who have graduated from ACAOM accredited schools or who maintain licensure in states with equivalent training standards and who have completed specialist level training in Oriental Reproductive Medicine. This shall be from an OM college, university, institution, foundation or agency whose program is approved by the continuing education committee of the American Board and who have demonstrated competency in both written and practical examinations administered by the Board in the specialty of Oriental Reproductive Medicine.
  3. The Board shall administer examinations for the purpose of evaluating the candidate's proficiency in Oriental Reproductive Medicine subspecialties and shall issue the credential of DIPLOMATE OF THE NORTH AMERICAN BOARD OF ORIENTAL REPRODUCTIVE MEDICINE (DNABORM) to those candidates who are successful in its Board examinations.

ARTICLE III: STRUCTURE OF THE ORGANIZATION

  1. The certification program of the NABORM shall be structured and governed in ways that are appropriate for the specialty of Oriental Medicine and shall ensure autonomy in decision making over essential certification activities including eligibility standards; the development, administration, and scoring of the assessment instruments; selection of personnel; and operational processes.
  2. The development, administration, and scoring of assessment instruments shall promote the purpose of the certification program of the Board.
  3. The structure and governance of the certification program of the Board shall reflect the interests of the general public in the credential.
  4. The Board shall consist of a minimum of Eleven (11) members and additional members shall be added by increments of two (2). These members shall be elected from those Diplomates of the Board who are in good standing with the Board. Elections shall be by mail ballot or in person at the time of election.
  5. Candidates for Board positions must have been certified by the Board except for the NABORM's inaugural board.
  6. A nominating committee shall submit names of qualified Diplomates for consideration by the electorate.
  7. 4 terms of office shall be for a period of 12months. 4 terms of office shall be for a period of 36 months. 3 terms of office shall be for a period of 36 months. Terms shall be staggered with separate prior start dates for the initial board.
  8. The Board shall elect a President, Vice President, Secretary and Treasurer on an annual basis. The Immediate Past President shall also serve on the Executive Committee of the Board.
  9. A Minimum of two (2) names shall be submitted for each vacancy on the Board.
  10. The Board shall be incorporated as an independent certification agency.
  11. The governance structure, policies, and procedures of the Board shall provide for autonomy in decision making regarding important aspects of the certification program, such as eligibility standards; the development, administration, and scoring of the assessment instruments; selection of personnel; and operational processes.
  12. The governance of the Board shall reflect the interests of the general public in the credential.
  13. The governance of the Board shall reflect the interests of the profession in the credential.

ARTICLE IV: DUTIES OF THE BOARD

  1. To collect examination fees, membership fees, certification fees and recertification fees.
  2. To provide for the fiscal management of the organization.
  3. To provide no fewer than two (2) Board members for the purpose of conducting examinations.
  4. To keep records of all examinations administered by the Board.
  5. To issue certificates to candidates who successfully pass the examination designating them as Board Certified and/or as a Diplomate of the North American Board of Oriental Reproductive Medicine (DNABORM).
  6. To initiate a job analysis on an as needed basis in order to design and construct examinations and update education and training requirements and make recommendations to organizations sponsoring training for the candidates.
  7. To design and construct examinations for certification in Oriental Reproductive Medicine.
  8. To assure validity and reliability of certification examinations through rigorous statistical analysis.
  9. The Board shall not be responsible for the accreditation of educational or training programs or courses of study leading to the certification.
  10. The Board shall maintain direct protection of essential certification decisions from undue influence.
  11. To review and recommend changes to Oriental Reproductive Medicine education and training curriculum from Oriental Medical colleges, universities, institutions, foundations or agencies whose post graduate Oriental Reproductive Medicine program is approved by the continuing education committee of the American Association of Oriental Medicine.
  12. To maintain information for the public regarding the activities/policies of the Board and the status of the certificants.
  13. To protect the interests of the public, employers, and consumers seeking the services of Diplomates of the Board.

ARTICLE V: REVENUE RESOURCES OF CERTIFICATION ORGANIZATION

  1. Fees:
    1. The examination fee and application fee shall be a non-refundable fee set by the Board.
    2. All Diplomates of the Board shall pay an annual recertification fee of $100.00 on or before October 1st annually accompanied by their certificate of re-certification.
    3. Reexamination fees shall be the same as Article V.1.1.

 

  1. Expenses:
    1. The Board shall be entitled to reimbursement for reasonable necessary and customary expenses incurred in the conduct of Regular business and each elected office.
    2. The Board shall determine expense provisions for its members and designated associate examiners and support staff during each examination period.
    3. The Board shall determine expense provisions for its members and designated associate reviewers for the curriculum reviews of educational and training courses.

 

 

  1. Fiscal Management
    1. The Board shall elect a Treasurer to manage the day to day fiscal activities of the Board.
    2. The Board shall maintain a checking account in the town designated by the board.
    3. Two Executive Board members shall be required to sign each check.
    4. All Executive Board members shall be eligible to sign checks.
    5. All tax forms shall be filed annually by the Treasurer or a CPA.
    6. The fiscal year shall be determined by the board.

 

  1. Other
    1. All contracts for services requested by the Board shall be subject to full Board approval prior to enactment of the contract. This shall include contracts by the Board for services from others or contracts with the Board for the provision of services. The Board shall make every effort to obtain services from companies that do not discriminate on any basis.
    2. The Board may enter into a research program that is grant funded so long as it does not present a conflict of interest in the certification or accreditation responsibilities of the Board. All revenue and expenses for such a project shall be maintained separately from the general operating expenses of the Board.
    3. The Board may enter into grants for funds to maintain or expand the capacity of the Board to fulfill its obligations to the public and the profession. These funds shall be maintained separately from the general operating expenses of the Board.
    4. The bookkeeping system shall be in accord with Uniform Grants Management Standards and Internal Revenue Service regulations.
    5. The Board shall maintain liability insurance as it is fiscally able,for the purposes of safeguarding the assets of the Board against any legal actions.

 

ARTICLE VI: REQUIREMENTS FOR CERTIFICATION EXAMINATION

  1. Annual Examination
  2.  
    1. Job analysis for the design of the examination shall be performed as needed and feasible.
    2. The examination will be administered at least once annually.
    3. The examination materials shall be handled in accord with appropriate standards.
    4. The examination and the test results will be subjected to rigorous reliability and validity analysis after each. These studies include a longitudinal component that assures performance consistency over time.
    5. The examination date will be set by the Board.
    6. The location of the examination will be chosen by the Board.
    7. Examinations shall be maintained in their original form for three years and then maintained permanently in electronic form (CD-ROM) with at least 2 backup copies kept in separate fireproof locations.
  3. Examination Fees.
    1. Examination fees are non-refundable.
    2. Examination fees are set annually by the Board.
    3. Examination fees must accompany application.
  4. Application
    1. Applications are available from the Board Secretary.
    2. All deadlines are determined and set by the Board.
    3. Application fees are non-refundable and must accompany submission of application.
  5. Requirements
    1. The applicant must hold the degree of Masters in Traditional Oriental Medicine or its equivalent from an ACAOM accredited college or its equivalent.
    2. The applicant must possess a license or registration to practice Acupuncture/Oriental Medicine and be in good standing with the respective licensing/registration agency.
    3. The candidate must submit an application on a form specified by the Board within the Board designated deadline.
    4. The candidate must submit a non-refundable fee set by the Board.
  6. Exam Results
    1. A passing grade shall be determined by appropriate psychometric standard deviation.
    2. Exam results shall be forwarded to all candidates within three (3) months of the examination.
    3. The publicized list of active and certified Diplomates shall be updated within three (3) months of the examination.
  7. Complaints/Appeals of Examination
    1. Complaints/Appeals must be received by the Board within three (3) months of the mailing date of exam results to be considered.
    2. The cost of reviewing failed parts of the examination will be non-refundable and set annually by the Board.
    3. Disposition of Complaints. See Article XI.
  8. Retaking Failed Parts of the Examination.
    1. If it is applicable, failed parts must be retaken within three (3) years of the failed examination part or the candidate must retake the entire examination unless special authorization by the Board is received.
    2. The fee for retaking failed parts of the examination will be set annually by the Board.
  9. Diplomas
    1. All candidates passing the Board examinations will receive Diplomas from the Board certifying their status as a DIPLOMATE OF THE AMERICAN BOARD OF ORIENTAL REPRODUCTIVE MEDICINE.
    2. Diplomas will indicate an individual Diplomate number.
  10. Public Information about the Certification Program
    1. The Board shall publish and make available a document clearly defining the certification requirements of the candidates.
    2. The Board shall publish and make available
      1. the certification and recertification responsibilities of the Board,
      2. curriculum review responsibilities of the Board,
      3. continuing education certification responsibilities of the Board
      4. Diplomate status of the certificants.
    3. The Board shall publish and make available general descriptive materials on:
      1. procedures used in examination construction and validation;
      2. eligibility requirements and determination procedures;
      3. procedures of examination administration including exam dates and locations, fees, and reporting of results;
      4. procedures and requirements of recertification
      5. disciplinary and grievance procedures.
    4. The Board shall publish and make available a comprehensive summary or outline of information, knowledge or functions covered by the examination.
    5. The Board shall publish and make available, at least annually, a summary of certification activities for each program including, at least, number of examination administrations, number examined, number passed, number failed, number certified, and number recertified.

ARTICLE VII: RESPONSIBILITIES TO APPLICANTS FOR CERTIFICATION OR RECERTIFICATION

  1. The Board shall not discriminate among applicants for certification or recertification on the basis of age, sex, race, religion, national origin, disability, sexual orientation, or marital status. This statement of nondiscrimination shall appear on all announcements for certification and recertification. To facilitate the Board in providing for special accommodations, a section on the application shall request that the applicant indicate when and what special accommodations are necessary. These accommodations may include translators, readers, examinations in Braille, mobility adaptations, etc.
  2. The Board shall comply with all requirements of applicable federal and state laws (e.g. Americans with Disabilities Act of 1990) with respect to all certification and recertification activities and shall require compliance of all contractors and/or providers of services for the certification and recertification programs.
  3. The Board shall provide all applicants with copies of formalized procedures for application for, and attainment of, certification and recertification and shall uniformly follow and enforce such procedures for all applicants.
  4. The Board shall review eligibility criteria and application procedures biannually and as indicated by evaluations after each examination. The purpose of this review is to assure fair and equitable procedures.
  5. The Board shall provide competently proctored examination sites at least once annually.
  6. The Board shall not accept alternatives to the criteria set forth in Article VI.5. for initial certification. Specifically, the clinical degree and license to practice are essential under the law and cannot be subsumed by any amount of alternative experience.
  7. The Board, in the notification of examination results, shall provide applicants, both those failing the examination and those passing the examination, information on general content areas of deficiency.
  8. The Board shall implement the Policies and Procedures to assure that each applicant's examination results are held confidential. However, the Board will update the Diplomate listing within three months after each examination so that the consumer may make informed choices about providers according to certification status as follows: 
    1. Diplomate
    2. Date Certified
    3. Date Recertified
    4. Active or Inactive Status

ARTICLE VIII: RESPONSIBILITIES TO THE PUBLIC AND TO EMPLOYERS OF CERTIFIED PRACTITIONERS

  1. The Board shall demonstrate that the testing mechanism(s) adequately measure the knowledge and skill required for entry, maintenance and/or advancement in the specialty of Oriental Reproductive Medicine. This is assured through job analysis, test construction based on specified content and verified as valid and reliable. The examinations shall cover a cognitive written exam.
  2. The Board shall award certification only after the skill and knowledge of the individual have been evaluated and determined to be acceptable.
  3. The Board shall assure that its recertification program is designed to enhance the continued competence of the individual.
  4. The Board shall publish a current list of those persons certified in the program(s) including the name, certification designation, office address and telephone number of the Diplomate, the date of initial certification, the date of recertification, and the current status (active, inactive, retired, suspended or revoked). This listing is to assist the public and other Diplomates in making referral to certified clinicians and choice of accredited providers. No other information shall be made public.
  5. The Board shall discipline certificants for conduct deemed harmful to the public or inappropriate to the discipline. Any disciplinary action may be contested through the Disposition of Complaints process in Article XI.

ARTICLE IX: OFFICIAL CLASSIFICATION

  1. Board Candidacy requirements are delineated in Article VI.
  2. Board Certified Reproductive Oriental Medical Practitioners as established by the Board in Article VII.
  3. Diplomate of the American Board of Oriental Reproductive Medicine.
    1. A practitioner of Oriental Medicine who has satisfied the educational criteria, passed the board examination and paid all fees.
      1. A Diplomate of the American Board of Oriental Reproductive Medicine shall be referred to as a Board Certified in Oriental Reproductive Medicine or Diplomate of the American Board of Oriental Reproductive Medicine. He/she may use the Board acronym DABORM.
    2. A Diplomate of the American Board of Oriental Reproductive Medicine must be recertified on a yearly basis (Article X)

ARTICLE X: RECERTIFICATION PROGRAM

  1. The Board shall implement a program for recertification of all diplomates.
  2. The Board shall demonstrate that the recertification program is designed to enhance the continued competence of the individual.
  3. In order to assure the public that diplomates certified by the NABORM enhance their continued competency, the recertification program will be yearly.
  4. The yearly public listing of Diplomates will clearly indicate the Initial Certification date and Recertification Dates.
  5. The recertification program
    1. In order to enhance continued competence, all diplomates must complete a minimum of 15 classroom credit hours of continuing education in Oriental Reproductive Medicine every two years in a program of study accredited by the NABORM  or the Education Committee of the American Association of Oriental Medicine.
    2.  
      1. The mandatory 15 credit hours of continuing education in Oriental Reproductive Medicine may be waved by the board if the diplomate authors an article in the field of Oriental Reproductive Medicine which is published in an indexed peer reviewed journal in the years of recertification.
      2. The mandatory 15 credit hours of continuing education in Oriental Reproductive Medicine may be waved by the board if the diplomate elects to have an on site examination (i.e., in the Diplomate's office) including observation of clinical visits, records review and oral responses to questions which will prove his/her competency. On site examination will be at the discretion of the Board. The Diplomate will be responsible for the reasonable costs involved in the onsite review. Costs may include transportation of examiners, one day lodging of examiners and expenses and a fee of $300.
      3. The board may wave the mandatory 15 credit hours of continuing education in Oriental Reproductive Medicine if the diplomate has instructed a minimum of 15 credit hours of education in Oriental Reproductive Medicine accredited by the Education Committee of the American Association of Oriental Medicine during the year of recertification.
      4. The board may wave the mandatory 15 credit hours of continuing education in Oriental Reproductive Medicine if the diplomate undergoes a rigorous program of self-study and self-assessment in Oriental Reproductive Medicine. The diplomate electing this method of compliance will supply the board with a narrative report of his/her studies including a description of the breadth and depth of the material of all items studied as well as the applications of the material in the practitioner's practice. The course of self study must be equivalent to 15 credit hours of continuing classroom education with such determination made by the board.
      5. The Diplomate may utilize any combination of items 1 through 4 in Article X, Section 5 approved by the board in satisfaction of the continuing education requirements necessary to assure the public that the diplomate's competence as an Oriental Reproductive Medicine Fellow has been recertified.
      6. The Diplomate may propose alternative methodology of recertification to the Board which will demonstrate enhanced continued competence. Such proposals must be in writing to the board and must be accepted by the board as fulfilling criterion for recertification before being implemented by the diplomate.
    3. In order to enhance continued competence, the diplomate must certify to the Board that they have reviewed a minimum of 8 articles yearly in the field of Oriental Reproductive Medicine published in indexed peer reviewed journals. The diplomate must provide the Board with the names of the articles, author(s) and journal citations when requested by the Board.
    4. Diplomates who do not comply with the yearly recertification requirements of the Board will be suspended from the current roster the American Board of Oriental Reproductive Medicine and notified of their suspension by registered mail. The Diplomate will be allowed to recertify and demonstrate continued competence in the field of Oriental Reproductive Medicine by complying with the yearly recertification requirements within six months of notification. In addition to the yearly requirements the suspended diplomate will be required to obtain an additional 10 classroom credit hours of continuing education in Oriental Reproductive Medicine accredited by the board or the Education Committee of the American Association of Oriental Medicine before recertification is granted. The additional 10 hours of continuing education obtained cannot be utilized to fulfill recertification criterion for the following year
    5. Diplomates who have not complied with bi-annual recertification requirements of the Board for a period of 18 months since their last certification (12 months plus 6 months (Article X) will be suspended from the current roster of Board Certified Oriental Reproductive Medicine Fellows and will be required to demonstrate continued competency by taking and passing the full Board Certification examination of the ABORM.
    6. Diplomates who have not complied with yearly recertification requirements because of illness or extenuating circumstances may appeal to the Board for consideration of their status. Such individuals will have to comply with the yearly recertification requirements without examination if approved by the board.

ARTICLE XI DISPOSITION OF COMPLAINTS

  1. If a complaint or dispute arises questioning a Board action, or a complaint arises concerning a Diplomate certified by the Board, the following actions are to take place.
  2.  
    1. Administrative adjudication of a complaint/dispute.
    2.  
      1. The complainant shall specifically state the complaint in writing and submit this document to the Board Secretary for response by the Board.
      2. The Board 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 Board and submit additional information supportive of his complaint.
      4. The Board shall then have thirty (30) days to respond to the complaint and additional information being submitted.
      5. The complainant shall then have thirty (30) days to request an Appeal for a Full Review Board.
    3. Appeal to a full Review Board
    4.  
      1. Formation. If the administrative adjudication is unsuccessful and the complainant requests it in writing, then a Review Board shall be formed consisting of a Diplomate of the American Board of Oriental Reproductive Medicine in good standing who is not a member of the Board; an individual who is either an attorney or trained in law, such as an arbitrator or hearing officer, designated by the Board, an individual designated by the complainant.
      2. Procedure. The Chair of the Review Board shall be the person designated by the Board. 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 all parties, within sixty (60) days of the hearing.
      3. Costs. All costs for the Review Board proceedings shall be borne and paid by the non-prevailing party, including but not limited to attorney's fees and per diem expenses and remuneration of Review Board members and witnesses. In order to initiate the proceedings, the complaining party shall post with the Board a bond in the amount of fifteen thousand dollars ($15,000 U.S.), unless, upon showing of good cause, the Board determines a lesser amount appropriate. If the complaining party does not prevail, the bond amount shall be applied to the 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 AMENDMENTS

  1. Bylaws may be amended by a two-thirds (2/3) vote of all Diplomates of the Board who are current in their requirements, voting at any scheduled meeting of the Board, provided that the proposed amendment is filed with the Secretary-Treasurer at least sixty (60) days prior to the date of such meeting.
  2. All proposed amendments shall be mailed to all Diplomates of the Board who are current in their requirements at least thirty (30) days prior to such meeting.

ARTICLE XIV PARLIMENTARY AUTHORITY

  1. 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.

ARTICLE XV DIPLOMATE RECOGNITION

  1. The North American Board of Oriental Reproductive Medicine (NABORM) may recognize previous certifications as equivalent to certification granted by the NABORM. All recognized diplomates are subject to the same yearly educational requirements and recertification of the Board as delineated in Article VII.