Jurisdiction and Venue
The Corporation shall require, as a condition precedent for any person or entity to become or maintain status as a Member, Director, Officer, Employee, Agent, Applicant for Examination, a Diplomate certified by the Corporation, a Committee or Division Member, whether paid or volunteer (hereinafter, individually and collectively, Person or Entity), that such person or entity agree as follows:
In any dispute of any kind with the Corporation or any Person or Entity, such Person or Entity shall be subject to suit, if at all, only in the County and State where the Corporation maintains its principal place of business and its headquarters, which is currently Dallas, Dallas County, Texas. Each Person or Entity shall be required and agrees to consent to the exclusive jurisdiction and venue of courts located in Dallas, Texas and laws of the State of Texas for the resolution of any and all such disputes. The purpose of this requirement to maintain all disputes in Dallas County is to preserve the limited resources of the Corporation and to prevent the Corporation from the expense of maintaining and/or defending disputes in other jurisdictions or venues. The Corporation reserves the right to seek damages resulting from a breach of this Agreement, as well as revocation of the Diplomate, or other, status conferred by the Corporation upon breach of this Agreement. This right of the Corporation is contractual in nature. Further, in the event any Diplomate engages in any activity or form of conduct which would reasonably diminish the reputation of the Corporation and the value of its certification, the Board may require such Diplomate to appear and show cause why his/her certification should not be revoked and Diplomate status terminated. The Board of Directors shall establish procedures to assure that any Diplomate required to appear shall be afforded due process and the opportunity to defend him/herself.
The acceptance of an Applicant for examination by the Corporation and the granting of Diplomate status to a physician who has satisfied the requirements for certification is contingent on the agreement of the Applicant or Diplomate to abide, at all times, with the rules, Regulations and Directives of the Corporation, its Board of Directors and Officers, of which they are advised or on notice. Publication of such Rules, Regulations and Directives and any amendment thereto in Bulletins available to Applicants and Diplomates on request and publication of such Rules, Regulations and Directives and any amendments thereto on the Corporation's website shall constitute notice to any applicant or Diplomate of those Rules, Regulations and Directives and of any amendments thereto.
Individuals who are certified as Diplomates by the Corporation acquire no property right or vested interest in their certification or in their Diplomate status, the duration, terms, and conditions of which may be extended, reduced, modified or otherwise changed as determined by the Board of Directors, in its absolute discretion to assure greater protection of the public, to recognize knowledge and skills deemed to require further evaluation or to accommodate legal requirements.
Policy approved on 1/24/2014