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Motions to Disseminate Medical Information via e-mail


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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.

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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).

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...

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.

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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.

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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.

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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.

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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.

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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.

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