Eithics Enforcement Code

Foundation for Magnetic Science

Foundation Home Page: www.magnetfoundation.org

Professional Practice System
Ethics Code Enforcement Rules

Requests, Appeals and Complaints

1. An Ethics Complaint, Request for Fee Arbitration, Peer Review Appeal, Certification Appeal, IRB Appeal or Request for Ethical Determination (for an advisory opinion) may be presented to the Board (through the Chairperson of the Board) in writing, by any Practitioner/Researcher, Client (or Client Representative), Trustee or member of any body established by the Professional Practice System Resolution. The Board may consider any issue relating to this Resolution, Certification Standards, Code of Ethics, Peer Review Standards or IRB Guidelines. The Board should be guided by an honest sense of morals, ethics, justice, fairness, reasonable precedents and right.

2. Upon receipt of a Request, Appeal or Complaint, a full copy shall be sent to each Member of the Board and to oversight officer who shall inform the Trustees thereof. Any Trustee may request a copy of any document filed with the Board.

3. In an emergency, the Chairperson, with the support of a majority of Board Members may issue a Temporary Ethics Order (TEO) based upon a written Complaint or Request, without a formal meeting. The Order may temporarily suspend a Practitioner or take other emergent action to preserve the status quo and the intent and integrity of Biomagnetics. An issued TEO shall deem the order of an arbitrator with jurisdiction.

4. In all other circumstances, the parties shall have thirty (3O) days, or such lesser or greater period of time, as the Board may determine, to submit written statements regarding the matter (without separate approval of the Chairperson, no such submission, including attachments, shall exceed 25 pages).

5. Thereafter, the Board shall discuss the matter (by electronic or face-to-face meeting, or through individual consultations with the Chairperson). The Board may appoint one or more of its members to interview interested parties or obtain additional information.

6. The Board shall have the right to determine when a matter is within its competence and when to close discussion of a matter. It may deal with what it considers minor matters in a summary manner.

Decisions

7. The Board shall issue written Decisions within a reasonable time after the closing of discussion. Copies shall be provided to each party and to the oversight officer who shall so inform the Trustees or other interested persons.

8. The effect of a Decision shall be that of a final Decision of an Arbitrator and may be enforced in any tribunal of competent jurisdiction. An Ethics Code violation is deemed to cause immediate and irreparable harm to the Foundation and Biomagnetics.

9. A Fee Arbitration Decision shall determine the fair and reasonable fee and may be enforced by either party to it.

10. An Ethics Decision may include the temporary or permanent suspension of the right to practice, subject to oversight, or such lesser requirements, including formal warnings or remedial training, as the Board may determine. In the case of any suspension of the right to practice, the Board shall require the return of any proprietary materials.

11. An Ethical Determination (advisory opinion) may include general advisory information on any matter within the scope of the Structure Resolution.

12. A copy of the Decision shall be sent to each interested person and may be published or otherwise disseminated.

13. An Appeal of an IRB, Peer Review or Certification Board shall be determined as provided herein for a Complaint and the Chairperson of the Board or IRB being appealed shall act as representative of the Board for the Appeal. An Appeal Decision shall be deemed the final Decision of an Arbitrator and may be enforced in any tribunal of competent jurisdiction.

Reconsideration, Reinstatement, Appeal and Abuse of Process

1. Any interested person may Petition, in writing, the Board for a Reconsideration of a Determination, within fifteen (15) days of the date of the Determination. Such Petition shall state reasons for the reconsideration. The Board shall decide, within ten (10) days of receipt of the Petition, by majority vote, whether to accept the Reconsideration and shall forthwith issue a written Determination, including any terms for the reconsideration.

2. Within ten (10) days after the rejection of a Reconsideration, any aggrieved party may Appeal, in writing, to the Board, which shall consider the matter on an emergent basis. The Board may recommend the acceptance of the Reconsideration and refer the matter back to the Ethics Board for Reconsideration. It shall issue its Appeal Decision in writing and provide copies to all interested parties. The Appeal Decision shall be deemed the final Decision of an Arbitrator and may be enforced in any tribunal of competent jurisdiction.

3. A suspended Practitioner may submit a written Petition for Reinstatement to the oversight officer at any time more than thirty (30) days after the period for Reconsideration would have run. The Petition shall be notarized and shall set forth the steps taken by the suspended Practitioner to correct any defects and the grounds for reinstatement. The Board shall consider the matter on an emergent basis, but may also seek input and information from other interested persons. It shall issue its Reinstatement Decision in writing and provide copies to all interested parties. The Reinstatement Decision shall be deemed the final Decision of an Arbitrator and may be enforced in any tribunal of competent jurisdiction.

4. No one may use the process of the ethics system established in the Code for personal grudge, intimidation or other improper purpose. A baseless Complaint that violates this provision will be rejected and may be the grounds for an Ethics Complaint for abuse of the ethics system.