SOUND HEALTH RESEARCH INSTITUTE
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Index Procedures
(Ethics Enforcement Code)
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The Human BioAcoustics Code of Ethics consists of two sections: (1) Code of Conduct and (2) Procedures (Ethics Enforcement Code). It is adopted and may be amended by the Credentials Committee established by the Structure Resolution of the Board of Trustees of SHRI. The Ethics Chairperson is Judy Chambers - judyc@gate.net.
Code of Conduct
1. Practitioners shall be guided by the injunction, “Do no harm.” Practitioners shall base all research efforts and data collection upon measurement and analysis under the Guidelines published from time to time by the SHRI IRB (Internal Review Board) or Sound Health, Inc. All questions or doubts regarding Client evaluation shall be reviewed with other certified Practitioners or with Sound Health, Inc. prior to giving a Client an appropriate Frequency or Frequency Set.
2. Human BioAcoustics does not, nor is it intended to, diagnose or treat any medical condition. If a Practitioner suspects any disease condition, the Practitioner should advise the Client to seek the advice of an appropriate health care professional. The Practitioner shall explain the nature of Human BioAcoustics, informing the Client that Human BioAcoustics mission and intent is to encourage the continued investigation and development of Human BioAcoustics intervention and related technologies as a therapy that may benefit the general well being of the Client, as a companion to standard and alternative wellness practices. Human BioAcoustics is defined as: “The research and study of human vocalization and low frequency sound as it relates to health and wellness.”
3. Practitioners shall, when performing Human BioAcoustics evaluation and presentation, always act with the written informed consent of the C1ient. All persons representing themselves as Human BioAcoustic Practitioners should not represent other modalities as Human BioAcoustics.
4. The primary obligation of the Practitioner is to act in the best interests of the Client, based upon established techniques and IRB Guidelines. Violations of such Guidelines is a violation of this Code.
5. Practitioners shall keep all required records and submit all reports in a timely fashion. All Practitioners shall keep reasonably abreast of the development of new techniques and technologies in accordance with scheduled updates for practice.
6. Practitioners shall not violate any lawful governmental regulation relating to the research and techniques they perform. It is the obligation of each Practitioner to inform the Ethics Subcommittee Chairperson and IRB Chairperson of any unethical conduct that comes to their attention.
7. Practitioners shall charge fairly and reasonably for their services.
8. Practitioners shall always act in a reasonably professional manner and shall avoid any impropriety or other act which may reflect negatively upon themselves or Human BioAcoustics.
9. Each Practitioner shall recognize and respect the Intellectual Property rights of Sharry Edwards, M.Ed. in the materials and techniques developed by her.
10. By becoming a Human BioAcoustics Practitioner, the Practitioner agrees to abide by this Code and to abide by the fair and timely decisions of the Ethics Subcommittee. Each Practitioner shall abide by arbitration of disputes regarding fees or ethical issues through the Ethics Subcommittee.
Procedures
(Ethics Enforcement Code)
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 Subcommittee (through the Chairperson of the Subcommittee) in writing, by any Practitioner, Client, Trustee or member of any body established by the Structure Resolution. The Subcommittee may consider any issue relating to the Structure Resolution, Code of Ethics, Peer Review Standards or Certification Standards. The Subcommittee should be guided by an honest sense of morals, ethics, sense of 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 Subcommittee and to Credentials Committee Chairperson who shall inform the Trustees thereof. Any Trustee may request a copy of any document filed with the Subcommittee.
3. In an emergency, the Chairperson, with the support of a majority of Subcommittee Members may issue a Temporary Ethics Order based upon a written Complaint, without a formal meeting. The Order may temporarily suspend a Practitioner or that other emergent action to preserve the status quo and the intent and integrity of Human BioAcoustics.
4. In all other circumstances, the parties shall have thirty (3O) days, or such lesser or greater period of time, as the Subcommittee 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 Subcommittee shall discuss the matter (by electronic or face-to-face meeting, or through individual consultations with the Chairperson). The Subcommittee may appoint one or more of its members to interview interested parties or obtain additional information.
6. The Subcommittee 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 Subcommittee shall issue written Decisions within a reasonable time after the closing of discussion. Copies shall be provided to each party and to the Credentials Committee Chairperson 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 SHRI and Human BioAcoustics.
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 Credentials Committee oversight, or such lesser requirements, including formal warnings or remedial training, as the Subcommittee may determine. In the case of any suspension of the right to practice, the Subcommittee 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 each interested person and may be published or otherwise disseminated.
13. An Appeal of an IRB, Peer Review or Certification Subcommittee shall be determined as provided herein for a Complaint and the Chairperson of the Subcommittee or IRB being appealed shall act as representative of the Subcommittee 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 Subcommittee 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 Subcommittee 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 Credentials Committee, which shall consider the matter on an emergent basis. The Committee may recommend the acceptance of the Reconsideration and refer the matter back to the Ethics Subcommittee 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 Credentials Committee 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 Committee 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.
rev 02/01/05 - drafted by Ralph Fucetola JD, SHRI Counsel - www.nonprofitlawyer.org.
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