§ 1 NAME, HEADQUARTERS AND LEGAL FORM
(1) The name of the association is Deutsche Gesellschaft für Medizinische Informatik, Biometrie und Epidemiologie (GMDS).
(2) It has its headquarters in Cologne.
§ 2 AIMS
(1) The association is dedicated to the promotion of science and research. It has the task of promoting medical informatics including medical documentation, medical biometry and epidemiology in theory and application, in research and teaching.
(2) The purpose of the statutes is realised in particular by:
1. Promotion of science by
professional training of the members,
encouraging and promoting research activities,
distributing research results;
2. Further development of the represented fields of expertise through expert representation in
Education and further training,
Establishing educational institutions,
Questions of standardisation, norming and further efforts towards unification,
Planning and support measures by the public.
§ 3 NON-PROFIT STATUS, TAX REGULATIONS
(1) The association directly and exclusively pursues charitable purposes within the meaning of the paragraph "tax-privileged purposes" of the German Tax Code ("Abgabenordnung"). The association is selflessly active; it does not pursue its own profit-making purposes.
(2) Funds of the association may only be used for purposes in accordance with the statutes. Members do not receive any benefits from the association's funds. No individual may benefit from expenses that do not meet the purpose of the association or are disproportionately high.
(3) In the event of the disbandment of the association or the discontinuation of tax-privileged purposes, the assets of the association shall fall to a legal entity under public law or to another tax-privileged corporation for the purpose of promoting informatics, biometry, epidemiology and documentation in medicine.
(4) Any decision to amend the articles of the statutes shall be submitted to the responsible tax office before it is filed with the registry court.
§ 4 RELATIONSHIP WITH OTHER ORGANISATIONS
(1) The GMDS is able to become a member of other associations. This decision is made by the General Assembly.
(2) The GMDS can admit other associations as corporate members. This decision is made by the General Assembly.
§ 5 TYPES OF MEMBERSHIPS AND THE ADMISSION TO THE ASSOCIATION
(1) Regular Members
All private individuals who are willing and able to contribute to the realisation of the association’s aims can become regular members. Completed studies at a scientific university or university of applied sciences is required for the admission into the association. Exceptions are permissible in the case of an occupational profile equivalent to this status or in the case of an occupation with a corresponding work activity.
(2) Supporting Members
Legal entities or associations of individuals as well as private individuals working in an area in accordance with § 2 paragraph 1 can join the association as supporting members. Supporting members support the activities of the association mainly by paying a higher membership fee.
(3) Honorary Members
Members or individuals who have shown exceptional contribution to the GMDS may be offered honorary membership on the basis of a unanimous decision of the Advisory Council.
(4) Corresponding Members
Private individuals who are particularly interested in working on specific issues on a permanent basis may be offered corresponding memberships on the basis of a unanimous decision by the Presidium.
(5) Student Members
Students of a discipline relevant to the scientific work of the association may become student members.
(6) Corporate Members
Associations and societies which are active in related fields or with which a special professional cooperation is desirable in the long term may be admitted as corporate members.
Each corporate member has one seat on the Advisory Council. Individuals representing corporate members on the Advisory Council are appointed by the Presidium in consultation with the responsible statutory body of the corporate member. A contribution may be established in a corporate agreement.
(7) Section Members
Private individuals may become section members of the association when they feel committed to the tasks of the Section.
§ 6 ACQUISITION OF MEMBERSHIP
(1) The Presidium decides on the application for admission in text form in accordance with § 5. The decision will be communicated to the applicant. An appeal against the refusal of admission may be submitted to the President of the GMDS within one month after receipt of the letter of refusal, which will be decided upon by the General Assembly.
(2) Honorary members and corresponding members declare their acceptance of the membership offered to them to the GMDS.
§ 7 RIGHTS AND DUTIES OF THE MEMBERS
(1) Right of proposal
Regular members, supporting members, honorary members and section members are entitled to propose individuals for election as first vice-president, as well as for election as assessors of the presidium and of the sections, as well as for the expert and section committees. The secretary is proposed by the first vice-president, the treasurer by the presidium. Self-proposals are not permitted.
(2) Passive Voting Rights
Regular and honorary members are eligible for election to the positions of first vice-president, assessors of the presidium, members of the expert committees, secretary and treasurer. Section members are eligible for election to the functions of assessor of their section in the presidium, the members of the respective section committee and the secretary.
(3) Active Voting Rights
Regular members, supporting members and honorary members are entitled to elect the first vice-president, the assessors of the presidium, the members of the expert committees, the secretary and the treasurer. Section members are entitled to elect the first vice-president, the secretary, the treasurer, the members of the respective section committee and the assessors of the respective section.
(4) Each member can join working groups, project groups and/or task groups of the GMDS divisions and sections.
§ 8 TERMINATION OF MEMBERSHIP
(1) Membership expires through death, dissolution of the legal entity, resignation or exclusion from the association.
(2) Resignation is effected by declaration in text form to the presidium. Resignation is only permitted at the end of a calendar year, subject to a notice period of three months.
(3) A member can be expelled from the association by decision of the executive committee if it has violated the interests of the association. A member can also be expelled if the member is in delay with the payment of the membership fee despite two reminders sent to the member at the address last notified to the association. The exclusion may only be decided when the deadline set in the second reminder has passed and the debts for dues have not been paid. In the case of student members, exclusion may be decided if the course of study which was a prerequisite for the establishment of membership has been discontinued. In all cases, the exclusion will be communicated to the members.
(4) The excluded person is entitled to appeal against the exclusion to the president of the GMDS within one month after receiving the exclusion notice, on which the next General Assembly decides.
§ 9 MEMBERSHIP FEES
(1) Annual fees shall be charged from the members. The amount and structure of the annual fees and their due date are determined by resolution of the General Assembly on the proposal of the presidium. In the same way, contribution rules may be issued.
(2) Honorary members and corresponding members are exempt from the obligation to pay dues.
§ 10 ORGANS AND MEMBERSHIPS
(1) The organs of the GMDS are the General Assembly, the presidium and the advisory board.
(2) In order to fulfil its tasks and associated activities, the association is divided into specialist areas, sections, working groups, project groups and task groups (subdivisions).
(3) Unless otherwise specified in the statutes, the bodies and sections of the association adopt resolutions by a simple majority of the votes cast. In the event of a tie, the vote is repeated after further deliberation; if no majority is reached in this case either, the motion is deemed to have been rejected.
(4) Minutes of each meeting of the organs and sections are to be taken. The minutes are to be signed by the chairperson of the meeting and the keeper of the minutes and forwarded to the office.
§ 11 GENERAL MEETING
The General Assembly is convened at least once a year by written invitation of the president by letter, e-mail or fax with four weeks' notice, stating the agenda. Upon request of at least one quarter of the members of the GMDS or the majority of the members of the advisory board, the president shall convene an extraordinary General Assembly within four weeks with four weeks' notice, stating the requested agenda.
The General Assembly constitutes a quorum if at least 50 members with voting rights are present. If there is no quorum at an ordinary or extraordinary General Assembly, the president shall convene a new General Assembly with four weeks' notice. The General Assembly convened by this procedure shall constitute a quorum irrespective of the number of members present.
(3) Tasks and Rights
The General Assembly of the association is responsible in particular for the following matters:
the passing and amendment of the articles of association,
the conduct of run-off elections and any necessary by-elections to the presidium,
the acceptance of the annual report,
the discharge of the presidium,
the establishment of the contribution amount, the contribution structure and, if necessary, of a contribution regulation,
the appointment of two persons to audit the accounts,
the final decision on the dissolution of branches,
the approval of its meeting minutes,
the entry into other associations,
the admission of other associations as corporate members,
deciding on appeals against the rejection of applications for membership or exclusion from the association,
the dissolution of the association,
the formation of new departments in accordance with § 14 par. 1,
the definition of a new section and its professional requirements for membership according to § 15 section 1,
other tasks explicitly assigned to the General Assembly in these statutes.
4) Physical or virtual general meeting
The General Assembly will be held either in physical form or virtually (online procedure) in a chat room accessible only to members with their identification data and a separate access code. In the online procedure, the access code, which is only valid for the current meeting, will be announced in a separate e-mail two working days before the general meeting. It is sufficient that the e-mail is sent to the last e-mail address of the respective member known to the presidium. Members who do not have an e-mail address will receive the access code by post to the last address known to the executive committee. Sufficient is the proper dispatch of the letter three working days before the General Assembly. All members are obliged not to make their identification data and the access code accessible to third parties and to keep them under strict lock and key. The regulations in paragraph (1) and paragraph (2) apply accordingly to the virtual General Assembly.
Presidium and advisory council meetings as well as committee meetings or meetings of the branches can also take place virtually or in written form by mail or e-mail. The person responsible for convening the meeting shall determine the procedure.
§ 12 PRESIDIUM
The Presidium of the GMDS consists of:
the first vice-president,
the second vice-president,
if necessary, a co-opted assessor,
one assessor for each section,
the heads of the departments,
the section leaders.
In the event that the head of department or section is prevented from attending, the respective deputy head may take part in the presidium meetings with voting rights.
(2) The association is represented in and out of court by the president or by the two vice-presidents or by one vice-president and one vice-president jointly (executive board according to § 26 BGB).
(3) Duties and rights of the President
The president conducts the day-to-day business of the association. He/she shall prepare and chair the meetings of the bodies. He/she shall decide on all matters of the association which do not fall within the responsibility of the presidium, the advisory council, the divisions, the sections or the General Assembly. The president may delegate the performance of individual tasks to other members of the presidium. The granting of sub-delegations to other members of the presidium is permissible.
The other members of the presidium shall be informed by the president at least once a year about:
the status of current business,
the execution of resolutions of the organs of the association,
intended and conducted negotiations with public institutions, professional organisations and associations.
In addition, the president is obliged to convene a meeting of the presidium if at least two members of the presidium request this.
(4) Tasks and rights of the presidium
The presidium of the association decides in particular on:
the admission of regular members,
the admission and minimum contribution of supporting members,
the application for corresponding membership in accordance with § 5 para. 4,
the admission of student members,
the exclusion of members,
the formation of presidium commissions for special tasks,
the appointment of the co-opted assessor; § 18 paragraph 2 sentence 1 shall apply accordingly.
When appointing the co-opted assessor, the presidium shall take into account the representation of the different fields of work in the presidium.
The presidium shall develop proposals for the General Assembly on:
the amount and structure of the membership fees and, if necessary, for a contribution regulation,
the formation of new departments (§ 14 para. 1 )
the formation of new sections and the professional requirements for section membership (§ 15 para. 1)
(5) Term of the presidium
The office of the first vice-president, the president and the second vice-president shall be held in that order by a member elected for that purpose for two years each. The first day of October shall be decisive for the beginning of the term of office of the first vice-president. The total membership of the member elected for this purpose in the presidium shall be six years. Should the president, the first or second vice-president or the first or second vice-president leave the presidency before the expiry of their term, the remaining members of the presidency shall unanimously appoint a replacement for the remainder of the term. The term of the remaining presidium members shall be two years. In all other respects, § 18 paragraph 6 shall apply.
(6) Support by an office
The presidium may set up an office and employ a managing director to handle the day-to-day business. The managing director shall be in charge of the office. He/she shall be responsible for all day-to-day administrative matters and shall be entitled to represent the association externally. The managing director shall be authorised to represent the association in dealings with the register court. The president and, in consultation with him/her, the vice-presidents are authorised to issue instructions to the managing director.
§ 13 THE ADVISORY BOARD
The GMDS advisory board consists of:
the specialised committees of the departments,
the section committees of the sections,
the heads of the working groups according to § 16,
the heads of the task groups according to § 17,
the heads of the commissions according to § 12 par. 4 and § 13 par. 3,
the heads of the project groups according to §§ 14, 15 par. 4,
up to three further members of the GMDS delegated by the presidium.
The following are also members of the advisory board
the GMDS representatives for the associations of which the GMDS is a corporate member
one representative of each of the associations which are corporate members of the GMDS.
(2) Tasks and rights
The GMDS advisory board is responsible for the following in particular:
Receipt of the activity reports of the branches,
Establishment and dissolution of working groups,
Adoption of resolutions on the application for honorary membership,
Regulation for the scientific annual meeting and meetings of the departments (framework topic, place, time, chair),
Determination of the date and place of the annual general meeting.
(3) Commissions of the advisory board
For special tasks, the advisory board can form commissions, to which members of the association who are not members of the advisory board can also be invited. The advisory board appoints a GMDS member who is a member of the commission as head of the commission.
The president shall convene a meeting of the GMDS advisory board at least once a year by letter, e-mail or fax, giving four weeks' notice and stating the agenda. In addition, he/she is obliged to convene a meeting if requested by at least 10 members of the advisory board.
§ 14 DEPARTMENTS
(1) The departments of Medical Informatics, Medical Biometry and Epidemiology are responsible for the professional work and organise their activities independently, unless the statutes provide otherwise. The formation of new departments shall be decided by the General Assembly on the proposal of the presidium.
(2) The departments are divided into working and project groups and are headed by a departmental committee, which is chaired by the head of department. Working groups may belong to more than one department.
(3) The members according to § 5 par. 1, 2 and 3 shall elect a six-member expert committee by postal or electronic ballot (see § 19) for a four-year term of office. Half of the expert committee (3 positions) shall be elected at two-year intervals. The expert committees are responsible for the activities of the expert areas. The tasks of the expert committee are, in addition to the management of the department, in particular further training, supervision of the project and working groups as well as working groups, international relations and the organisation of conferences.
(4) The specialised committees may decide to set up project groups for specific sub-areas and appoint a leader responsible for the project group and his/her deputy. Interdisciplinary project groups may be set up jointly after consultation between the respective departments. The work of the project groups ends with the completion of the tasks or at the latest three years after their establishment. If necessary, project groups may be transferred to working groups (see § 16, paragraph (2)). For project groups, §§ 16 par. (1), (4) and (7) shall apply accordingly.
(5) The president is to be invited to each meeting of the expert committee.
§ 15 SECTIONS
(1) The GMDS may form sections in order to enable individuals who lack the prerequisites for full membership to participate professionally within the association. The definition of a section and the professional requirements for section membership shall be decided by the General Assembly on the proposal of the presidium.
(2) Sections are led by a section committee, chaired by the section leader. Sections may form their own project and working groups. In addition, section members may become members of all existing project and working groups and task groups.
(3) The members of the sections (§ 5 para. 7) elect a six-member section committee by postal or electronic ballot (see § 19) for a four-year term. In all other respects, §§ 14, Para. 3, S. 2 - 4, 19 are applicable accordingly to the elections to the section committees.
(4) With regard to the establishment of project groups, § 14 par. 4 shall apply accordingly.
(5) The president is to be invited to each section committee meeting.
§ 16 WORKING GROUPS
(1) The working groups have predominantly methodologically oriented focal points of work.
(2) The working groups are established by the advisory board on the proposal of the expert or section committees.
(3) The leaders of the working groups and their deputies are elected for three years at a meeting of the working group (see § 20).
(4) The working group leaders are responsible for organising the work of the working group. They shall represent the interests of the working group in the advisory board; if they are unable to do so, their deputies are entitled to attend and vote at the meetings of the advisory board.
(5) The working groups can be dissolved by the advisory council on their own motion or on the proposal of the expert committee or section committee. They shall be dissolved if no activity report has been submitted at two consecutive annual meetings or if the advisory council finds the submitted report insufficient. In this case, the General Assembly shall take the final decision.
(6) Instead of dissolution, the working groups may be declared dormant by resolution of the advisory board. Dormant working groups shall not have a representative on the advisory board. For the purpose of reactivating a dormant working group, the president may, in agreement with the presidium, appoint a provisional leader. The advisory board shall decide on the reactivation in accordance with § 13 paragraph (2).
(7) The president is to be invited to each working group meeting.
§ 17 TASK GROUPS
(1) The task groups have the task of linking the methodological knowledge of the departments, sections, project groups and working groups with the various medical specialties. They shall promote applications and foster interdisciplinary cooperation with the medical associations.
(2) The task groups shall be named in accordance with the medical further training regulations or in cooperation with medical associations with which there is cooperation.
(3) Members of the task groups are members of the GMDS and members of the respective other professional associations.
(4) Task groups are usually established and dissolved by the presidium together with another professional association. When the task group is set up, a representative for the task group shall be appointed from each specialist area.
(5) The cooperation with the respective professional association shall be determined in an exchange of correspondence between the president and this professional association.
(6) The heads of the task groups and their deputies shall be elected at a meeting of the task group by its members for a period of three years. They shall be confirmed by the presidium and the respective other professional association. In the event of differences of opinion on the leadership, the advisory board shall decide within the GMDS.
(7) The president is to be invited to each taskgroup meeting.
§ 18 ELECTIONS TO THE PRESIDIUM
(1) The elections of the members of the presidium shall take place separately for each position as postal or electronic elections in due time before the General Assembly. In the event of a tie, a run-off election shall be held at the General Assembly.
(2) The members of the presidium shall be elected by simple majority. The election of the assessors, specialised and section committees shall be postponed by one year to the election of the member of the presidium who will initially assume the function of the first vice-president.
(3) The candidates for the postal or electronic elections are determined by a written survey of all members by letter, e-mail or fax at least six months before the General Assembly. The consent of the candidates to stand for election shall be obtained from the president before the postal or electronic election. It is not possible to stand for more than one position. Candidates who have been nominated for more than one position must choose one.
(4) The election documents must be sent out three months before the General Assembly. The counting takes place four weeks before the General Assembly.
(5) In the event of a tie in the postal or electronic ballots, a run-off ballot will be held at the General Assembly. The candidate who receives the majority of the votes cast is elected. In the event of a tie, a further ballot will be held. If there is still no majority, the election is decided by lot.
(6) Any premature vacancies will be filled by succession. If a succession is not possible, supplementary elections may be held outside the election cycle. For the members of the executive board (Article 12, Paragraph 2), the provisions of Article 12, Paragraph 5, Sentence 4 apply.
§ 19 ELECTIONS TO THE EXPERT AND SECTIONAL COMMITTEES
(1) Elections to vacant positions on the expert and section committees are held every two years by postal or electronic ballot. Membership is for four years.
(2) The candidates for the vacant positions in each committee are determined by a written survey by letter, e-mail or fax to all members six months before the General Assembly. The consent of the candidates to stand for election must be obtained from the president prior to the postal or electronic ballot. Simultaneous candidature for more than one expert or section committee or as an assessor is not possible. Candidates who have been nominated more than once must decide for which position they wish to stand. Section 18, paragraph (4) applies to the mailing of election documents.
(3) Each person entitled to vote has as many votes as there are positions to be filled. Accumulation is not permitted.
(4) The candidates are ranked according to the number of votes received. The candidates in the first places for the positions to be filled in the committee are elected to the committee. The candidate with the most votes is elected deputy head of department or section. The deputy head of department or section becomes head of department or section after two years. In the event of a tie, the decision is made by drawing lots.
(5) Premature vacancies will be filled by succession from the most recent list of election results or by supplementary elections.
§ 20 ELECTIONS OF THE LEADERS OF THE WORKING GROUPS AND TASK GROUPS
(1) The elections for the heads of the working groups and working groups as well as their deputies take place in a meeting of the working group or task group.
(2) The meeting must be convened in writing by letter, e-mail or fax with four weeks' notice, stating the specific item on the agenda.
(3) The president is to be invited.
(4) The elections are chaired by the president or a GMDS member appointed by him/her. In the case of task groups, a member of the cooperating specialist associations may also be nominated as election chairperson.
(5) Votes are cast in person. Postal votes or the transfer of votes are not permitted.
(6) Elections must be held by secret ballot if at least one voting member present so requests.
(7) The person who obtains a simple majority of the votes cast is elected. In the event of a tie, a new ballot must be held. If there is still no majority, the decision is made by drawing lots. At least one of the leaders and deputies of a working group or working committee must be a member of the GMDS.
(8) The term begins after the end of the meeting at which the election took place. The term is regulated in § 16 paragraph (3) and § 17 paragraph (7).
(9) Minutes of the election must be taken by the election official and must contain at least the following items:
Day of the invitation to the election,
List of candidates,
Day and place of election,
Number of members with voting rights,
Mode of election (open, secret),
Distribution of votes in the individual ballots,
Declaration of consent of the elected.
(10) The president must publish the results of the election to the members in an appropriate form.
§ 21 CHALLENGE OF AN ELECTION
(1) Within 14 days after the announcement of the election result, the election may be challenged with the respective election officer.
(2) The presidium decides on election challenges in the elections to the working groups, task groups and to the expert or section committees.
(3) Election challenges to the presidium are decided by the advisory council, which elects a chairperson for this purpose.
§ 22 EARLY WITHDRAWAL
Early withdrawal from an office must be notified in writing to the president. In the event of premature withdrawal, a successor must be elected for the remainder of the term at the earliest possible date, unless the statutes specify otherwise.
§ 23 FINANCIAL YEAR AND ACCOUNTING
The accounting year is the calendar year. Within six months of the end of the financial year, the president of the GMDS, together with the treasurer, must prepare an annual financial statement on the status of assets and liabilities, based on proper records. After examination by the auditors, the annual accounts are to be presented to the General Assembly.
§ 24 AUDITORS
The auditors of the GMDS are elected by the General Assembly for a period of one year. Re-election is possible.
§ 25 AMENDMENTS TO THE ARTICLES OF ASSOCIATION
(1) Amendments to the statutes can only be adopted if the invitation to the General Assembly has included this item on the agenda, stating the part of the statutes to be amended. Amendments to the statutes require a two-thirds majority of the members present and entitled to vote.
(2) The president can decide on amendments to the statutes, which are required by the registry court or the tax office, on his/her own authority. He/she must report on these amendments to the statutes at the next General Assembly.
§ 26 DISSOLUTION OF THE ASSOCIATION
The dissolution of the association can only be decided by a General Assembly convened for this purpose. At least two thirds of the voting members must be present at this general meeting. The resolution to dissolve the association requires the consent of three quarters of the voting members present. The resolution to dissolve the association must be reported to the responsible tax office.
If the General Assembly is unable to reach a decision on dissolution, the decision is taken by a three-quarters majority of the members present and entitled to vote, irrespective of the number of members present.
§ 27 TRANSITIONAL SOLUTION FOR THE FIRST ELECTIONS TO THE EXPERT OR SECTION COMMITTEES
The presidium is entitled to determine a regulation appropriate to the individual case for the first elections to the expert or section committees.
§ 28 ENTRY INTO FORCE OF THE ARTICLES OF ASSOCIATION
The articles of association were last amended by the General Assembly by resolution of 8th September 2020; entry and publication in the Cologne Register of associations took place on 25th May 2021.