Guest POCO Posted October 29, 2011 at 03:41 PM Report Share Posted October 29, 2011 at 03:41 PM We have several members who want e-mails to go out to the membership giving medical information about members. For example: "Nancy Jones' husband was severely injured in an auto accident at 2 a.m. on Friday and is in ABC hospital in critical condition. Please send cards to (address)." A subordinate board believes this request has significant potential for legal liability for disclosing private medical information, especially if the information is second or third-hand. If a motion is presented to the membership, can the Presiding Officer speak to the motion and consider it out-of-order. The concern is that the membership will vote to approve this practice leaving the Board wide-open for diseminating the medical information. Thank you for your advice. Link to comment Share on other sites More sharing options...
David A Foulkes Posted October 29, 2011 at 03:46 PM Report Share Posted October 29, 2011 at 03:46 PM Surely sounds like a bad idea, but more because of potential legal issues involving violation of the HIPAA Act, right to privacy, and such things. Might be a good idea to consult with a lawyer versed in those areas before continuing. Link to comment Share on other sites More sharing options...
Guest Edgar Posted October 29, 2011 at 03:49 PM Report Share Posted October 29, 2011 at 03:49 PM A subordinate board believes this request has significant potential for legal liability for disclosing private medical information, especially if the information is second or third-hand.Legal questions should be addressed to an attorney.Nothing in RONR prevents an organization from suggesting that "get well" cards be sent and a motion to do so is not, in and of itself, out of order..But if enough members think this is a bad idea, they can adopt a rule prohibiting it. Or simply defeat the motion to send the card(s). Link to comment Share on other sites More sharing options...
Trina Posted October 29, 2011 at 03:59 PM Report Share Posted October 29, 2011 at 03:59 PM ...If a motion is presented to the membership, can the Presiding Officer speak to the motion and consider it out-of-order. The concern is that the membership will vote to approve this practice leaving the Board wide-open for diseminating the medical information....I see no parliamentary reason that the Presiding Officer could declare the motion out of order (although the exact motion that might be offered is only very vaguely described in the original post). Whether the Presiding Officer could give his/her opinion (speak in debate) depends somewhat on the rules of the assembly. According to RONR, the presiding officer (if a member of the assembly) certainly retains this right of membership, and, in small assemblies especially, may exercise it. Link to comment Share on other sites More sharing options...
Guest POCO Posted October 29, 2011 at 04:10 PM Report Share Posted October 29, 2011 at 04:10 PM Is the Presiding Officer allowed to say that the matter is under legal review and ask that the motion be presented at a later time when further information is available? Link to comment Share on other sites More sharing options...
David A Foulkes Posted October 29, 2011 at 04:11 PM Report Share Posted October 29, 2011 at 04:11 PM I see no parliamentary reason that the Presiding Officer could declare the motion out of order....What about p. 343 ll. 33-34? (RONR 11th Ed.) Of course, we don't know what the Object of the society is, but it (the citation) may be applicable. Link to comment Share on other sites More sharing options...
Guest Edgar Posted October 29, 2011 at 04:17 PM Report Share Posted October 29, 2011 at 04:17 PM FWIW, announcing that "Nancy Jones' husband was severely injured in an auto accident at 2 a.m. on Friday and is in ABC hospital in critical condition. Please send cards to (address)." isn't anything you couldn't find in a local newspaper or hear in a church service. Link to comment Share on other sites More sharing options...
Guest POCO Posted October 29, 2011 at 04:26 PM Report Share Posted October 29, 2011 at 04:26 PM Because of legal liability issues, churches in our area have stopped giving "medical information" information from the pulpit. My question is how can a Presiding Officer stop a motion from going forward when there is potential for legal liability. The members are likely to vote to approve the action because they are "curious about other members' problems", but the action is not in the best interest of the non-profit organization. Link to comment Share on other sites More sharing options...
DrEntropy Posted October 29, 2011 at 05:38 PM Report Share Posted October 29, 2011 at 05:38 PM RONR 11th pg 251 ll 16-17 and 25-26 MAY be applicable, depending on the legal advice you get on the matter. Link to comment Share on other sites More sharing options...
Rev Ed Posted October 29, 2011 at 06:52 PM Report Share Posted October 29, 2011 at 06:52 PM The Chairman could allow the motion (I do not see a reason why he/she could not) and then ask if someone was willing to move a motion to refer the motion to a committee. Link to comment Share on other sites More sharing options...
J. J. Posted October 29, 2011 at 07:02 PM Report Share Posted October 29, 2011 at 07:02 PM RONR 11th pg 251 ll 16-17 and 25-26 MAY be applicable, depending on the legal advice you get on the matter.It would be unlikely that it would. Link to comment Share on other sites More sharing options...
Dan Honemann Posted October 29, 2011 at 09:48 PM Report Share Posted October 29, 2011 at 09:48 PM Because of legal liability issues, churches in our area have stopped giving "medical information" information from the pulpit. My question is how can a Presiding Officer stop a motion from going forward when there is potential for legal liability. The members are likely to vote to approve the action because they are "curious about other members' problems", but the action is not in the best interest of the non-profit organization.As best I can tell, from what little detail has been provided, the 2nd and 3rd responses (3rd and 4th posts) in this thread say it all. None of the information provided so far would indicate any grounds for ruling a motion out of order. Link to comment Share on other sites More sharing options...
DrEntropy Posted October 29, 2011 at 10:23 PM Report Share Posted October 29, 2011 at 10:23 PM It would be unlikely that it would.I forgot that this only deals with procedural law! Sorry for the noise. Link to comment Share on other sites More sharing options...
Tim Wynn Posted October 30, 2011 at 01:29 AM Report Share Posted October 30, 2011 at 01:29 AM Because of legal liability issues, churches in our area have stopped giving "medical information" information from the pulpit. My question is how can a Presiding Officer stop a motion from going forward when there is potential for legal liability. The members are likely to vote to approve the action because they are "curious about other members' problems", but the action is not in the best interest of the non-profit organization.He should arrange for another member to be ready to raise these concerns in debate, since, for the president to speak against the matter, he would need to step down from the chair until the question is disposed of. Otherwise, the chair has an obligation to perform his duties in accordance with the will of the assembly. As an alternative, the chair can object to the consideration of the question. See RONR (11th ed.), p. 268, ll. 23-25, and surrounding pages. A two-thirds vote against consideration is required to prevent its consideration. Link to comment Share on other sites More sharing options...
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