Federación Latinoamericana de Asociaciones para el Estudio del Dolor

FEDELAT

ARTICLES OF INCORPORATION AND BYLAWS

(revised December 25 2005)

CHAPTER I. DEFINITION, INTEGRATION AND HEADQUARTERS

Article 1. - The Latin-American Federation for the Study of Pain Associations (FEDELAT) is a non-profit institution that groups the scientific institutions (Societies and Associations) with representation by countries that in Latin America dedicate themselves to the Study and Treatment of Pain, which means - the IASP (International Association for the Study of Pain) Chapters – residing in Latin America.

Article 2. - Their integrant members, the Societies, and Associations affiliated to the IASP are the ones that group the health professionals in the Latin American countries dedicated to the Study and Treatment of Pain, with equality of rights and responsibilities, likewise the chapters that are in formation of those countries that do not have associations and societies.

Article 3. - In agreement with the extraordinary assembly of April 17, 2005 in Bogotá, Columbia. The Permanent headquarters of FEDELAT will be in Puerto Rico likewise the bank account of this Federation.

Article 4. - The FEDELAT will support the objectives and goals of the IASP in agreement with article 5 of the regulations of the IASP constitution. In the event of there being differences with the IASP, the general assembly, will be summoned in a personal or in its case in a virtual manner, so that it will define the controversy.

CHAPTER II. OBJECTIVES AND ACTIONS

Article 1. - The FEDELAT objectives are: Promote the scientific progress, of the comprehension and knowledge of the mechanisms that generate and maintain pain, the characteristics and diagnosis of painful conditions, of how pain affects the individual, of its pharmacological and non pharmacological management, in agreement with the best scientific evidence available, of the rational use of the medications that are employed in the treatment of pain

and in the psychological, ethical, legal and social conditions of the Study of Pain. It will equally promote the investigation, education and the clinical management and treatment of pain. It will facilitate

closeness and exchange between the Latin American specialists and between these and those that are dedicated to related disciplines. To achieve these goals, the following actions will be fundamentally carried out:

a. Maintain permanent links between all affiliated institutions and

necessary relationships with the National or Latin American

institutions whether governmental or private, dedicated to the

disciplines related to the Study of Pain.

b. Represent the affiliated institutions in every collective action

that could or should be executed.

c. Promote the scientific exchange between kindred universities

and institutions of Latin America and world scope, favor the

international cooperation in the of Study of Pain field.

d. Stimulate the works that tend to carry out the goals of the

Federation.

e. Recommend the common lines of conduct for the purpose of

nomenclature, teaching methods, scientific reports, medication

security, treatment guides and other basic activities related to

the Study of Pain.

f. Accomplish by means of the Internet page

http://www.fedelatdolor.org or by other broadcasting means,

including the Gaceta Latinoamericana del Dolor a permanent

exchange of scientific information related to the Study of Pain.

g. Organize each year in union with a Latin American Society or

Association for the Study of Pain, the Latin American FEDELAT

Congress, also seminars, work shops, diplomates, courses and

Scientific meetings of any nature that are considered useful for

the progress of the specialty.

h. Accomplish the necessary steps before the different private or

public organisms, to obtain the necessary resources for the

attainment of its success.

i. Obtain the necessary resources to grant three prizes every three

years during the Latin American Congress to the best works:

One in the Basic area, one in the Clinical area and one in the

Social area.

j. Accomplish, in union with the National Associations or Societies,

the necessary steps so that pain and its treatment are included

within the different Health Professional’s curriculum.

k. Accomplish studies on incidence and prevalence of pain in the

different Latin American countries.

l. Promote steps conductive to stimulate the collaboration,

attention and world and Ibero-Latin American projection of the

National Congresses carried out in the affiliated countries

m. Safeguard the standards of professional ethics.

n. Act on request of the affiliated institutions as advisors or arbiters

on problems concerning the goals of the institution.

o. Promote through the local affiliated associations or societies the

creation or the use of the existing centers dedicated to the

investigation and training of a high level in the Study of Pain.

p. It will also watch out for the institutional development of the

affiliated societies or associations through the design of

joint programs of education and investigation that respond to

the region’s necessities.

q. Create and maintain a commission in charge of the legal

and gremial matters of the professional practice.

CHAPTER III. THE STRUCTURE

Article 1. The FEDELAT is a federation of associations. All the members of the Latin American IASP chapters belong to it by their own right but will not have individual membership. The memberships are the same that they have in the headquarter countries of their affiliated societies.

Article 2. The FEDELAT will count with two groups of affiliated societies or associations: The regulars, which are those, affiliated Latin American chapters already formed in the IASP and the chapters that are in formation, that are also affiliated to the IASP.

Article 3. The institutions that wish to join the FEDELAT as regular chapters, should comply with the following requirements:

a. Be a regular Latin American IASP Chapter, already formed.

b. Accredit the development of regular scientific activities and

be constituted in accordance with the legal regulations of

its country.

Article 4. The institutions that wish to join the FEDELAT as chapters that are in formation, should comply with the following requirements:

a. Be interested in forming a national association for the study

of pain in a country that does not already have a

regular chapter associated to IASP.

b. Develop scientific activities with the purpose to promote the

comprehension and knowledge of pain and its treatment, with

the help of the FEDELAT or other kindred organizations.

c. Develop and establish its statutes.

d. Affiliate to the IASP as chapters in formation, when having at

least 10 members of the chapter affiliated to IASP.

e. All the Latin American chapters should look for the way to

support the development of chapters in formation. In the same

manner, it will be the obligation of the FEDELAT President

to seek the necessary supports to facilitate that first it

should register as an IASP chapter in formation and second

that that state should be modified to a formed or regular chapter.

Article 5. The FEDELAT affiliated institutions will have the following rights:

a. Integrate the Assemblies of the Federation and generate jointly

the regional politics for the diagnostic, treatment and

investigation in the area of pain, including the rational use of

medication and the rational management of interventionism,

among other aspects.

b. Receive the pertinent information for the region in relation to the

FEDELAT-ISAP politics and National FEDELAT Chapters.

c. Organize Latin American Congresses in relation to the Study

of Pain in accordance with the regulation’s specifications.

d. Be the Executive Committee’s headquarters, the Federation’s

Administrative headquarters and of courses, symposiums and

FEDELAT meetings.

e. Represent their respective countries before the FEDELAT.

Two affiliated institutions will not be allowed in the same

country. In the event that there should exist two or more

applications of one country, that right will be for the association

recognize by the IASP, the oldest in its foundation or in its defect

the association recognize by the international associations

related with the diagnostic, study and treatment of pain.

f. Receive and participate in the Gaceta Latinoamericana de

Dolor, since it is the official FEDELAT broadcasting medium.

g. Join the FEDELAT’s web page and the exclusive site

for members.

h. Vote and be voted for to form part of the Executive Committee or

the Board of Directors.

Article 6. The affiliated institutions will periodically inform the Executive

Committee in regard to its activities and jointly with the FEDELAT will create and maintain an up to date filing system of the national scientific production on the Study of Pain, of the number, name and specialty of its members, which will be published in the official medium of each country and in the Revista Latinoamericana del Dolor.

Article 7. The affiliated institutions will pay the annually contribution agreed upon in the FEDELAT Ordinary Assemblies.

Article 8. The quality of the Society or Association as member of FEEDLAT will be lost:

· By written resignation sent to the Executive Committee with

ninety or more days of anticipation of an Ordinary Assembly.

· By the Assembly’s decision taken based on the Executive Committee’s report, approved by two thirds of the represented institutions there. Political or religious reasons cannot be involved in the report or the decision.

Chapter IV. THE AUTHORITIES

Article 1. The FEDELAT authorities are:

1. The Ordinary and Extraordinary Assemblies.

2. The Executive Committee or Board of Directors, elected by the ordinary general assembly for a three year mandate, in concordance with the IASP elections.

3. The affiliated Association’s current presidents.

Article 2. The general Assembly is the FEDELAT’s highest authority

and its resolutions can only be revoked by another Assembly.

Article 3. For the assembly to be constituted it should count with the presence of the delegates or the delegate who represents a number of voters of at least half plus one of the affiliated associations with full benefit of rights or regulars. In the same manner given the characteristics of the FEDELAT, the assemblies may be presential or virtual (Internet) and they will have the same validity and requirements for its summoning and definitions.

The resolutions taken in the assembly will only be valid when the proportion of votes of half plus one of the members has approved them. Except for the statutory reform or for the dissolution of the FEDELAT, which should count with 75% of the affiliated associations’ votes.

Article 4. The general Assemblies may be Ordinary or Extraordinary. The ordinary assemblies should take place once a year: During the IASP world congress, where the Executive Committee or the Board of Directors will be reestablished; During the Latin American Congress and during an event that alternates with the above and which will be assign by a previous assembly. Extraordinary meetings are allowed by summons of the president or by a plural number of members, which represent half plus one of the affiliated countries. These extraordinary meetings will take place to discuss points contemplated in a specific agenda that will be submitted to consideration at the moment of the summons. The extraordinary assemblies will meet during the Latin American Congresses for the Study of Pain. By a previous summons of the Executive Committee or the Board of Directors of at least two months. Official delegates of the affiliated institutions that can be the Presidents of the associations will integrate the Ordinary Assemblies or someone assigned by the Presidents of the IASP Latin American chapters. To be constituted as an assembly it will be necessary to count with the presence of 50% plus one of the representatives of the affiliated societies, whether formed chapters or chapters in formation.

Article 5. The Assemblies have the obligation to consider and adopt the resolution about all the points contemplated in its Summoning Agenda. Motives of nonfulfillment of that disposition will be only the absence of quorum at the moment of voting and the insufficient supply of information on the point of debate, by the Executive Committee or the Board of Directors. In view of any of these situations, the Assembly by simple majority of votes of the present delegates will convoke a new Extraordinary Assembly and will assign the date, Headquarters and agenda. Besides in the second eventuality, an Informant Committee will be assigned on each one of the points insufficiently explained by the Executive Committee or the Board of Directors.

a. To be submitted to debate, each point of the agenda will be previously studied by an Informant Committee integrated by official delegates, titled or supplementary and to whom the Executive Committee will supply the complementary information.

b. The motions that apply to aspirations to acts of recognition or sympathy do not require transactions of the Informant Committee.

c. The Assembly can resolve topics not in their agendas, debate and adopt resolutions on any unforeseen problem, if this problem correspond to the objectives of FEDELAT and is accepted for discussion by two thirds of the present delegates.

d. The privative obligations of the Ordinary Assembly are:

1. Elect the President, Vice president, Secretary and Treasurer of the Executive Committee for a three-year period that will coincide with the directives of the IASP.

2. The Assembly by simple majority and the delegates present should approve the budget and its distribution, by previous presentation of the budget commission.

3. Assign within its affiliates the institution that will organize the following Latin American Congress for the Study of Pain.

4. Elect 3 out of the 5 members of the Scientific Programming Committee of the following Congress.

5. Elect the task Committees.

CHAPTER V. EXECUTIVE COMMITTEE OR BOARD OF

DIRECTORS

Article 1. Functions of the Executive Committee or the Board of Directors.

A president, a vice president, an executive secretary, and a treasurer will constitute the FEDELAT Board of Directors. The immediately former president will be part of the Board of Directors by his own right. The vice president will be the elected president for the next period. All the members will have the right to vote.

Article 2. The Board of Directors’ functions will be to preside and administrate the FEDELAT.

Article 3. The members of the Board of Directors, have the capacity of general representatives and during the practice of their respective positions a general power will be bestow upon them to fulfill acts of administration domain and for lawsuits and collecting money, with all the general faculties and even those that require a special clause in accord to the law, having these legal representatives expressed faculties to open checking accounts, that will be managed by the treasurer, subscribe all types of credit titles and to give and revoke general and special powers. The Executive Committee by means of the President will exercise these faculties, jointly with any one of its other members; under the concept that funds are being dealt with, said member will invariably be the treasurer of the society.

Article 4. The Executive Committee will execute the administrative functions described above, subject to what the general assembly of members voted to that respect. So that the Executive Committee be able act legally the presence of all its integrants is required. The members of the Executive Committee will not receive any remuneration whatsoever for the practice of their positions, which are honorary positions. The simple acceptation of the positions implies complete conformity with everything in this article and with all the other statutory present.

Article 5. The Executive Committee members will meet as many times as necessary. The current president will summon the board. So that the Executive Committee be able to act legally the presence of at least two of its integrants is required of which the president and vice president should necessarily be part of.

Article 6. The president of the Federation will have the following faculties and responsibilities:

a) procure the well being of the Federation and the academic cohesion within its members;

b) represent the Federation in all its aspects;

c) summon and preside the Executive Committee’s boards;

d) summon and preside the ordinary and extraordinary assemblies;

e) summon to elections;

f) obey and make sure others obey the statutory and regulation of the Federation;

g) put in effect the resolutions of the general assembly and the committees;

h) be vigilant jointly with the treasurer of the good management of the Federation’s funds;

i) foment scientific, professional, social, educational and Federation broadcasting activities;

j) to give yearly oral and written reports of its management, for the ordinary general assembly or when the assembly may require it, the report should be annexed to the act of the session where it was presented.

k) perform the Federation’s administrative functions;

Article 7. Faculties and responsibilities of the Vice president:

a) help and substitute the president when absent;

b) to take the president’s place if, by higher forces or by resignation, whomever occupies this position retires;

c) be in permanent contact with the Board of Directors and attend all its meetings, including assemblies;

Article 8. Faculties and responsibilities of the secretary:

a) attend all the meetings, draw up the acts for the sessions and assemblies and sign them jointly with the president, write down their contents in the book of acts;

b) opportunely protocolize the correspondent book of acts before a notary;

c) inform all the members of the agreements of the Board of Directors and everything related to its activities;

d) summon to ordinary and extraordinary sessions by accordance with the president;

e) take upon him/herself the care of the correspondence, the filing system and the Federation’s library;

f) hand all the documentation of the Federation in his/her power to the next secretary and inform on all pending procedures;

Article 9. Faculties and responsibilities of the treasurer:

a) attend all meetings of the Board of Directors;

b) collect the sums that by concept of membership fees, donations, or by other means, come into the Federation and extend the correspondent receipts;

c) cover the costs caused by the activities, proper of the Federation, by the president’s previous authorization of said costs.

d) maintain updated the Federation’s bookkeeping, including the fiscal and corresponding banking transactions, render an oral and written annual detailed report of the funds under his/her care, before the general assembly;

Article 10. To be nominated to any one of these positions it is required to be a member of the IASP and to be endorsed by your own chapter.

Article 11. The Vice president will temporarily substitute the President in view of circumstances that prevent the fulfillment of his position. The Secretary and Treasurer will mutually temporarily substitute each other, without affecting their own functions. If these three directors were not able to act, the former President, Secretary and Treasurer would automatically will take upon themselves the functions of these directors to attend the problems of the institution and to summon an Extraordinary Assembly within a six months period to elect a new President, Secretary and Treasurer.

Article 12. The voting will take place in the ordinary session during the world congresses. The assembly will be legally constituted with the presence of half plus one of the affiliated chapters. The Presidents of the affiliated chapters already formed or in formation or their representatives that have been so documented, are the only ones with the right to vote in the ordinary and the extraordinary assemblies. Likewise, the IASP Council members and the editor in chief of the Gaceta Latinoamericana will have the right of voice but not the right to vote. With the exception of what is explicitly noted in the statutory. The postulation for President and Vice president will be done through a nomination committee.

CHAPTER VI. NOMINATION COMMITTEE

Article 1. The Nomination Committee will be integrated by up to six members: The current FEDELAT President, the immediately former FEDELAT President and up to four representatives of the Latin American IASP chapters, whether formed or not and they will be invited to participate by the President. With the exception of the President and the immediately former President the members of the Executive Committee cannot participate in this committee. The current President will form the committee.

Article 2. Its function will be:

a. Receive and analyze the proposed candidatures for members to the Executive Committee and the Scientific Committee.

b. Receive and analyze the candidatures of the countries that are proposed to have the next congresses.

c. The Nomination Committee will elevate its evidenced conclusions to the FEDELAT Executive Committee and in its turn the Executive Committee, with no more than a two months delay, will notify the Societies and Associations.

CHAPTER VII. VOTING

Article 1. To be considered as a candidate to a position on the Board of Directors the interested parties should:

a) Present their curriculum to the president, and indicating in writing their interest in being part of the new Board of Directors and the position they are opting for;

b) In case of opting for the FEDELAT presidency or vice presidency, the candidate must be an IASP member.

Article 2. The election to designate the integrants of the Board of Directors will take place during the general assembly in the IASP world congress. The votes for the election of the dignitaries will be secretly emitted, and only the presidents of the IASP Latin American chapters or their representative will be able to vote. The Board of Directors has the right to vote in all the FEDELAT meetings, with the exception of the election of a new Board of Directors. The members of the Board of Directors can only vote in the election of a new Board of Directors when they are simultaneously Presidents or representatives of any FEDELAT chapter:

a) By a vote emitted by means of a representative who is accredited by a letter from the President of the chapter he/she represents, directed to the FEDELAT President or the acting secretary;

b) By vote of the presidents of the official IASP chapters and of the chapters in formation during the general assembly;

Article 3. The Associations that are Official IASP formed Chapters will have TWO VOTES PER COUNTRY; the Chapters in Formation will have ONE VOTE PER COUNTRY, the Board of Directors, the president, the vice president, the treasurer and the secretary will have ONE VOTE each.

Article 4. Two inspectors, that are not candidates or members of the salient Board of Directors, will be appointed in the general assembly. These inspectors will count, during the general Assembly, the emitted votes and will determine the number of votes obtain by each candidate. The candidates with the majority of votes will be elected. In case of a tie, the voting will be repeated up to three times. If the tie continues, the salient president will have the decisive vote. The voting will be individually, position by position, beginning with the Presidency and ending with the treasurer. There will not be any votes made by formulas or by groups of individuals. The integrants of the Board of Directors cannot be reelected consecutively for the same position.

Article 5. Temporary absences of the members of the Board of Directors of more than three months or absences that harm the good functioning of the society will not be permitted. In that case an extraordinary assembly will be convoked to analyze the case and the pertinent measures will be taken, including a new election.

Article 6. No person can occupy simultaneously the position of FEDELAT President and IASP Council.

CHAPTER VIII. COMMISSIONS OR COMMITTEES

Article 1. The assembly will appoint the commissions or committees with the exception of the nomination committee, although the president can form transitory commissions or committees (Ad Hoc) that would exercise specific functions during the president’s term. Each one of these commissions or committees will have a president, which will be elected by the assembly. The President and the members of each one of the commissions will develop its own regulation and functions, which will be presented to the assembly for acceptance. The program and regulation of each commission should be presented to the assembly within a year after the commission or committee was formed. A commission of ex FEDELAT presidents will be installed which will form a permanent commission who will serve as counsel to the Board of Directors and participate in the deliberations of the assembly and the Board of Directors with the right of voice but not the right to vote.

The committees already accepted by the assembly are the following:

a) international relations committee;

b) education committee;

c) health politics committee;

d) scientific evidence and information committee;

e) financial committee;

f) publications committee;

g) honor and ethics committee;

h) permanent counsel committee;

Article 2. Two commissions, presided be the FEDELAT ex presidents, will be formed, the Honor and Ethics committee and the permanent counsel committee. The ex presidents will be the only members of the first committee and they can invite other associates to the second committee. The same as with the other committees they will have to develop their regulation and functions and be approved by the assembly.

Article 3. The growing of the FEDELAT, not only through the active participation of the algologists in tasks for the Federation, but of other groups of interest, like nursing and psychology, are the ones that make the Federation take the responsibility to form special groups, that will be part of the associations that form the FEDELAT and help favor the precise aspects of those areas in relation to education and the investigation of algology. These special groups should be formed within those interested in discussing specialized aspects more profoundly. These groups will only be opened to members of FEDELAT affiliated associations. Each special group should, once accepted, formalize their entry by presenting its own regulation, with the functions and objectives clearly defined and also the annual program to be carried out. Those FEDELAT special groups that decide to form will have a year to formalize their relationships with the FEDDLAT.

CHAPTER IX. LATIN AMERICAN STUDY OF PAIN

CONGRESSES

Article 1. The Latin American Study of Pain Congresses are the scientific and socio-cultural meetings of the maximum transcendence for the institution and for the region. They should be primordially employed in the pursuit of an active exchange of opinions and critical evaluation of the investigation, the assistance and education in the field of the Study of Pain in Latin America.

a. These Congresses will take place every year, being an attribution of the organizing institution to inform its exact date, nevertheless it cannot proceed or exceed in 6 months the designated period.

b. The affiliated institutions will be responsible to not carry out and/or sponsor Congresses of national or regional nature two months before and the month after the Latin America Study of Pain Congress sponsored by the FEDELAT, and not simultaneously with it, “Unless an Ordinary or Extraordinary Assembly approves the contrary”.

c. The affiliated FEDELAT regular chapters will have the Headquarters of a Latin American Congress.

d. Each Ordinary Assembly will elect the Headquarters and the alternative Headquarters for the following Congress by the majority of votes of the delegates present. For that effect, the Nomination Committee will present it with the list of nominated institutions that have expressed, by written application and during the stipulated period of time to present it, their interest in being the Congress’ Headquarters. The designated Headquarters will have a year in which to prepare for the Congress.

e. For this election the Assembly will take into consideration:

1. That the Congresses should, if at all possible and convenient, take place alternatively in the north zones (North America, Caribbean, Central America) and the south (South America) and in alternatively within its respective regions.

2. Levels of accomplishments of the FEDELAT affiliated institutions.

f. The chapter nominated to do the Latin American congress has

the obligation to nominate its Scientific Programming Committee and its Organizing Committee, which the Executive Committee will officially communicate them to each one of the affiliated institutions in a period of time no longer than 8 months after the end of the Assembly.

g. The Society or Association that obtains the Headquarters will designate a Congress Organizing Committee. This Committee will have the responsibility to structured and direct the Congress up to its realization. It should work in permanent communication with the Executive Committee and with the FEDELAT Scientific Commission.

Article 2. The diplomas and prizes will be given in the closing session of the FEDELAT Latin American Congress.

Article 3. The FEDELAT will receive 25% of the Latin American Congresses’ earnings. These resources will be delivered within the next three months after the conclusion of the Latin American Congress. This will be the responsibility of the current Latin American Congress President.

CHAPTER X. FEDELAT COURSES

Article 1. The FEDELAT courses, will always be develop in occasion of each Latin American Study of Pain Congress and other opportunities, by judgment of the Executive Committee, to which its sponsorship will always belong.

Article 2. The Scientific Programming Committee will plan its general structure and the Organizing Committee of the corresponding event will be in charge of its realization.

Article 3. Its objective is the theoretical and practical perfecting of the Study of Pain in the members of the different Latin American chapters and of the health professionals that collaborate with them.

Article 4. The FEDELAT will receive 25% of the Courses’ earnings in which the FEDELAT participates. These resources will be delivered within three months after the conclusion of the course. This will be the responsibility of the course’s Coordinator.

CHAPTER XI. REGULATION

Article 1. The FEDELAT regulation will govern all the institution’s activities. The FEDELAT Executive Committee elected in the Ordinary Assembly will elaborate the regulation and the assembly should properly approve it at some time.

CHAPTER XII, MODIFICATIONS OF THE STATUTE

Article 1. Any motion presented by one or more FEDELAT affiliated institutions and destined to modify, to suppress or add dispositions to the present statute, should be included in the Agenda of an Assembly and studied by an informant committee.

Its acceptance will require the approval of two thirds of the accredited Principle Delegates present in the Ordinary Assemblies. In the Extraordinary Assemblies there can be the representation of an accredited Principle Delegate and said delegate will represent all the votes that belong to his/her country.

CHAPTER XIII. DISSOLUTION

Article 1. The duration of the FEDELAT is indefinite, and only an Ordinary or Extraordinary Assembly can agree upon its dissolution, by two thirds of the Assemblies affiliated countries. Its dissolution being agreed upon, the Assembly will designate three delegates, in the capacity of commissaries, to proceed with the liquidation of its assets in agreement with the instructions imparted by it.

These assets will obligatorily pass to charity institutions in Latin America.

CHAPTER XIV. TRANSITORY

Article 1. These statutes will be applied immediately after being accepted by the general assembly, in the FEDELAT ordinary meeting.

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