First Article - Title of the association
A not for profit Association governed by the law of 1 July 1901 and the decree of 16 August 1901, with the title: Médicalistes Association was founded by members under the present statutes.
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Article 2 - Aims of the association
Preamble
The Médicalistes Association has as its objective the defence of fundamental values:
- respect for others, respect for minorities
- freedom of views and free individual choice of patients
- free access to communication
- solidarity and sharing of capabilities
- democracy
- respect for secret surrounding an individual’s state of health
Objectives
With the help of tools available on and via Internet, the association proposes:
- to facilitate communication between persons concerned with a rare disease, serious or chronic, namely through mailing lists and individual e-mail accounts. This concerns patients and their families, carers, or any person who feels concerned by this type of pathology. This facility for communication and information contributes to free choice and puts patients in the picture throughout the different steps of their pathology(ies)
- to regroup around the same structure mailing lists which already exist in the health field so as to offer their managers and users solid guarantees:
- with respect to secret surrounding an individual’s state of health
- of non-divulgation of individual data supplied consciously or not by users (cf Article 7 of the Regulations)
- free use of services proposed to patients and patient’s families, without so much as being a member of the association. However, whenever it is financially possible for an individual and legal user, membership (for which the terms are fixed in Article 4 of these statutes and in the Regulations) is preferable with the aim of supporting the action of Médicalistes
- of no added advertising by Médicalistes in exchanges of e-messages
- free hosting of web sites and French speaking mailing/circulation lists in the health field; however hosting of non French speaking sites and lists may be authorised by the Board which decides on hosting terms and conditions
- to assist users of Médicalistes services by grouping together capabilities of the association members.
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Article 3 - Headquarters of the association
The address of the headquarters is in Brest (Department 29200), France. It may be transferred by a straightforward decision made by the Board.
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Article 4 - Composition of the association
Members
The Association regroups four kinds of members:
- The active members are individual or legal entities who adhere to these statutes and who pay a subscription. Active members have the right to vote at General Assemblies and at Board meetings if they have been elected in accordance with article 12 of these statutes or also if they are de facto members according to article 8.
- The founding members are natural persons mentioned in the report of the constitutive General Assembly. The founding members have the right to vote at General Assemblies or at Board meetings if they have been elected in accordance with article 12 of these statutes or also of they are de facto members according to article 8. They are exempt from paying a subscription.
- Members by right are the representatives of partner communities and structures which support the associative project Médicalistes. Member status by right is not automatic : it is attributed, for one renewable year, only by proposition from the Board and is made known to all members of the association. These members have the same rights as active members and are exempt from paying a subscription.
- The benefactors are individual or legal entities who assist the association (be it financially or by actively participating in its technical and/or administrative management) without so much as joining. The status of a benefactor member is not automatic : it is attributed, for one renewable year, only by proposition from the board, and is made known to all members of the association. These members have the same rights as active members and are exempt from paying a subscription.
NB: The different amounts for subscriptions are fixed by the Board. They are shown in the Regulations of the association, together with the terms of payment.
The technical team
A technical team, designated by the Board, and directed by a technician in charge, will ensure that the network servers function properly. This team alone is authorised to intervene directly on the network servers of the association.
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Article 5 - Admission
To become a member of the association, you must complete a form in writing, date and sign it, and acknowledge that you have read and accepted the statutes of the Regulations of the association.
The Board reserves the right to refuse or annul any admission according to the conditions set out in the Regulations.
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Article 6 - Removal
Membership status is lost by:
Resigning
The death of an individual or the dissolution of a legal entity
Removal pronounced by the Board for non-respect of these statutes and/or the association Regulations or for fault; the person concerned having been invited by e-mail, or if need be, by registered delivery letter, to give an explanation to the Board.
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Article 7 - Resources of the association
They comprise:
The amount for subscriptions
Community subsidies and public organisations
Sums received in compensation for services provided by the association
any other resource authorised by legislative or approved texts.
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Article 8 - The Board
The association is directed by a Board of seven to nine members, founders of the association or active in it (individual or legal entities) whose subscription is up to date for the calendar year preceding their election, not counting the exception of the first year of the existence of the association where members of the Board are elected during the constitutive General Assembly.
The list of initial Board members constituted by founding members of the association is as follows:
- Babeth Becker, founder of the Donation Lou Salomé
- Didier Chalm, founding member of the association Infini
- Jacques Fournet-Fayard, former head of the association for assistance to sick children (in Auvergne, France)
- Isabelle Georgelin, accountant
- Bruno Lanson, Doctor - biologist
- Robert Papanicola, member of the association Maxime +
- Cyril Quémeras, founder of Médicalistes
- Joseph Watine, pharmacist - biologist.
They may be assisted by other members of the association with a consultative role and present at meetings.
From the second year of the association’s existence, the members of the Board are elected every year, at each Ordinary General Assembly. They can stand again the following year.
The Board chooses from amongst its members a Committee composed of:
- a President and, if there is a need, a vice-President
- a Secretary and, if there is a need, a deputy Secretary
- a Treasurer and, if there is a need, a deputy Treasurer.
The Board rules collegially on the general functioning of the association, meaning:
- general orientation
- account management
- the administration
- internal and external communication
- project defining
- task assignment to persons.
The Board appoints one or several of its active members or founders of the association to carry out precise and defined missions during the Board meeting. These missions must be made known to all members through an account of Board meetings circulated on the distribution list within the association.
Powers of attorney is general within the Board, with the exception of bank accounts for which members of the Committee only, and duly assigned by the Board, are delegated.
The Board establishes the agenda for General Meetings and ensures that decisions made at these Meetings are carried out. It authorises all purchases, transfers of property or property rentals as well as contracts which intervene between the Association and the communities or public organisations which contribute financial aid. Any transaction which goes beyond the sum fixed by the Regulations will be voted on.
It establishes and modifies the regulations. The job of Administrator is carried out on a voluntary basis. In the case of vacancy, the Board provides for temporary replacement of its members. Their definite replacement takes place at the next planned General Meeting.
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Article 9 - Board Meetings
The Board meets at least twice per year according to the electronic or physical presence terms defined in the Regulations. It alone plans the agenda for meetings.
The Board cannot legitimately deliberate unless two thirds or more of its members are present. On the contrary, decisions made at this meeting can, all the same, be validated by electronic suffrage from absent members according to an established procedure in the Regulations.
Deliberation is only valid if the sum total of suffrages expressed by the members present and suffrages expressed by electronic means by absent members is equal to one half plus one of the total members of the Board.
Decisions are made on the basis of the majority of suffrages expressed by members present, and completed if necessary by suffrages expressed by electronic means for absent members.
Terms for electronic checking are taken into account in the regulations; notably differences in means of access between members, delays for checking and responses.
Any member of the Board who has not participated in three consecutive meetings without informing anyone of their absence may be considered to have resigned.
Unless at least one third of Board members disagree, any member of the Board can invite any person to participate in one or several meetings in an advisory capacity (no right to vote) on condition they have asked according to the terms defined in the Regulations.
A report of all Board meetings is prepared and then distributed to all subscribers on the association’s internal mailing list.
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Article 10 - Medical Information - Responsibility
It is not the vocation of the association to replace medical staff by adding enlightened medical information adapted to each case. A message posted on a mailing list is aimed at informing only, and cannot in any case be assimilated to medical advice.
All information relative to therapy or a diagnostic must be taken with reservation; only the doctor or doctors in charge of a given patient are authorised to confirm the validity of such information.
The association is not responsible for commitments undertaken by one of its members who will not have been expressly appointed by the Board.
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Article 11 - General Assemblies
The Ordinary or Extraordinary General Assembly is comprised of:
The Board
all members of the association.
The Board fixes the date and establishes the agenda for these Assemblies.
Active members up to date with their subscription for the calendar year which precedes the General Assembly, founding members, members by right and supporters have the right to vote at General Assemblies.
These members can be represented by another member who has proxy. The number of proxies held by a member who is present is limited to two.
At least fourteen days before the fixed date, members of the association are convoked by the Board. The convocations are sent preferably by e-mail.
The agenda is indicated on the convocations.
The General Assemblies are public. Any person wishing to do so may be present (without the right to vote).
The Board may decide to hold the Ordinary or Extraordinary General Assembly by an electronic process according to terms outlined in the Regulations.
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Article 12 - Ordinary General Assemblies
The Ordinary General Assembly is required to meet once a year.
At this meeting called « annual » the Board submits the following to the Assembly:
The activity report of the last year and
the financial report comprising the accounts for the last financial year.
It then goes on to electing members of the board, and examines other questions on the agenda.
Decisions are made on the basis of the absolute majority of suffrages expressed by members either present or represented.
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Article 13 - Extraordinary General Assemblies
The Extraordinary General Assembly pronounces notably on modifications to the statutes and on the dissolution of the association. It meets on request of at least a third of the members of the Board.
The Extraordinary General Assembly cannot validly pronounce unless at least two thirds of the Association’s members are present or represented.
If the quorum is not reached, a second Extraordinary General Assembly is convoked by electronic mail preferably, within a delay of 48 hours, for a later date of at least fourteen days following that fixed in the first place. From then, it may validly pronounce whatever the number of present or represented participants.
Decisions are made on a majority of two thirds of suffrages expressed by present or represented members.
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Article 14 - Internal Regulations
Internal Regulations are established and eventually modified by the Board.
These eventual regulations are destined to fixing diverse points not planned for in the statutes, notably those which concern the internal administration of the Association.
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Article 15 - Dissolution
In the event of dissolution pronounced by at least two thirds of members present at the Extraordinary General Assembly, it names one or several liquidators.
Assets, if they exist are assigned by this Assembly to one or several associations with a similar objective or to any other establishment of its choice, with a medical, scientific, social or cultural aim.
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