The bylaws changes proposed by the NBCE directors were mailed to the delegates on March 8, 2000. In their cover letter (see below), the NBCE Directors suggest that "in many respects, the changes are in the grammar, punctuation and terminology to bring the bylaws up to date and make them uniform and consistent." However, the directors assert that "the proposed amendments are responsive to the majority of the delegates' wishes."
Twenty days later, Kansas delegate James Edwards,DC, and Vermont delegate Vernon Temple,DC, sent letters to the directors and the delegates. The letters included changes that they believed were requested by the delegates at the Philadelphia meeting and which were suggested to the NBCE directors, but not included in the proposed changes to the bylaws.
In the cover letter from Drs. Edwards and Temple, it states that the changes to the bylaws by the NBCE directors "do not address the concerns expressed by the state licensing board representatives at last year's meeting." The delegates further insist that "the NBCE revisions are a bold effort by the board to tighten its reins of control, and in the process remove the last vestiges of authority from state licensing board representatives." (Emphasis theirs.)
The delegates provided this comparison of the proposed changes to the bylaws:
Proposed Bylaws Changes
Proposed by NBCE Directors | Proposed by NBCE Delegates |
The board of directors would still elect the at-large directors. | State delegates would elect at-large directors. (Proposals 1, 2 & 4.) |
State delegate "duties as defined by law" was deleted by the board. | Duties under law would be reinstated and defined. (Proposal 1) |
The board of directors would not be required to follow any action taken by the state delegates. | Board actions could not conflict with the actions of the state delegates. (Proposal 2) |
The board placed restrictions on who can represent the Federation of Chiropractic Licensing Boards (FCLB) on the NBCE Board of Directors. | The restrictions on who the FCLB can appoint to represent them would be deleted. (Proposal 3) |
The president would be allowed to serve four consecutive terms. | The president would be limited to two consecutive terms. (Proposal 5) |
The board proposal does not authorize any state delegate committees of any kind. | State delegates would serve on bylaws, nominating and finance committees. (Proposal 6) |
Provides extraordinary indemnity protection for members of the board. | The extraordinary indemnity protection provision would be deleted. (Provision 7) |
State delegates could not ratify bylaws amendments "in the form proposed by the board." | State delegates would have express authority to amend the bylaws with a 2/3 vote. (Proposal 8) |
In an effort to provide a complete report of the issues involved, the cover letters of the delegates and the NBCE directors are presented below. Unfortunately, the proposed changes of the bylaws were too extensive to provide in their printed form. They are, however, available on line at http://www.chiroweb.com/nbce .
As the results of this struggle and its related issues has a significant impact on the graduating students and the chiropractic profession's future, DCs are urged to read the following cover letters, review the bylaw changes and express their opinions on line in a special ChiroPoll that asks:
Should control of the National Board of Chiropractic Examiners be:
- Increased by the NBCE Directors?
- Transferred to the delegates?
- Remain as is (prior to any amendment)?
You can take this survey and add your own comments at http://www.chiroweb.com/nbcepoll
| Vernon R. Temple, DC Vermont NBCE State Delegate 102 Saxtons River Road Bellows Falls, Vermont 05101 Phone: (802) 463-9622 Fax: (802) 463-1957 |
To: All National Board of Chiropractic Examiners State Delegates and Alternates At last year's Annual Meeting of the National Board of Chiropractic Examiners, the State Delegates expressed a strong desire to have more input into the policies of the NBCE. The NBCE Chairman then took the podium and asked that the Bylaws Committee be given "a chance to submit meaningful changes." Recently, you received the Bylaws Revision from the NBCE which contained 217 changes. Unfortunately, almost all the changes are grammatical in nature and do not address the concerns expressed by the state licensing board representatives at last year's meeting. But of greater concern and cause for apprehension, is that when presented with an opportunity to expand state board involvement, the NBCE went the exact opposite direction by crafting a document which intentionally attempts to strip State Delegates of most powers. The following provisions in the NBCE Revision are a bold effort by the Board to tighten its reins of control and in the process remove the last vestiges of authority from state licensing board representatives. The NBCE is now referring to the State Delegates as only "an advisory group." (March 8, 2000 cover letter, page 2) Instead of giving express authority for the State Delegates to amend the Bylaws, the NBCE Revision expressly prohibits State Delegates from considering anything other than what the Board of Directors submits to them. (Article II, Section 4.) The NBCE Revision would strip State Delegates of "duties defined by law" even though it's evident the authors of the NBCE Bylaws intended State Delegates to have those duties. (Article II, Section 2.) The NBCE Revision will severely limit who can be appointed as Federation Directors. (Article IV, Section 4.) The Board of Directors could decide to hold the NBCE Annual Meeting at a different time and place than the FCLB Annual Meeting. (Article III, Section 1.) The proposal for NBCE committees completely omits State Delegate participation. (Article VI) It is very disturbing that the NBCE Bylaws Revision was formulated and approved by the Board without State Delegates having any opportunity to comment or offer changes. Even more concerning, the NBCE has stated that the Bylaws Revision will be submitted for approval as a "take it or leave it" offer with no opportunity for the State Delegates to offer changes from the floor. The Board went even further by saying any suggested changes would not be considered until the 2001 Annual Meeting. One thing needs to be made perfectly clear. The NBCE is incorrect in its opinion that their Bylaws Revision cannot be amended. There is clear authority for State Delegates to make amendments to the Revision and this explicit authority will be furnished to you prior to the Annual Meeting. Since State Delegates will be able to freely alter the document submitted by the NBCE, we have enclosed 8 proposed amendments that we believe address the concerns of the state licensing board representatives and will signal the profession that the State Delegates are working to solve the problems at NBCE. To meet notice requirements and insure that these important issues come before the meeting, a slightly different format of the amendments has been mailed to each member of the Board of Directors. Please understand that the enclosed proposals are only a "starting point" with each of them being fully amendable by the State Delegates. Since each proposal can be discussed and modified as the assembly chooses, you are encouraged to offer suggested changes. To truly strengthen the NBCE, the organization will hopefully allow a critical discussion of the issues so a democratic process can reach a successful consensus. The end result will hopefully be a document we can all support and stand behind. As representatives of state agencies that endorse the National Board of Chiropractic Examiners, we hope you will review the enclosed amendments and bring your ideas to the meeting for discussion and consideration. Should you have questions or comments, please contact either one of us. Sincerely, James D. Edwards, D.C. Vernon R. Temple, D.C. PS: Don't forget that the deadline for your licensing board to designate its State Delegate to the NBCE Annual Meeting is this coming Wednesday, April 5, 2000. |
A copy of the delegates' Bylaws changes is located at http://www.chiroweb.com/nbce
From the NBCE Directors:
A copy of the NBCE directors' Bylaws changes is located at http://www.chiroweb.com/nbce
- Nat'l Board Delegates Seek Greater Authority. Dynamic Chiropractic May 31, 1999. http://www.chiroweb.com/archives/17/12/20.html
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