Advisory Board By-Laws
Archived on November 29th, 2003
Definitions as used in these by-laws are as follows:
A. "Advisory Board" means the Commonwealth Neurotrauma Initiative Advisory Board
B. "Board" means the Board of Health.
C. "Fund" means the Commonwealth Neurotrauma Initiative Trust Fund established pursuant to §32.1-73.2.
D. "Neurotrauma" means an injury to the central nervous system, i.e., a traumatic spinal cord or brain injury which results in loss of physical and cognitive functions.
As set forth in §32.1-73.3, The Commonwealth Neurotrauma Initiative Advisory Board was established for the purpose of administering, in coordination with the Commissioner of Health, the Commonwealth Neurotrauma Initiative Trust Fund.
The Commonwealth Neurotrauma Initiative Trust Fund was established:
For the purpose of preventing traumatic spinal cord or brain injuries and improving the treatment and care of Virginians with traumatic spinal cord or brain injuries, the General Assembly created in the state treasury a special nonreverting fund to be known as the Commonwealth Neurotrauma Initiative Trust Fund, hereinafter referred to as the "Fund." The Fund shall be established on the books of the Comptroller as a revolving fund and shall be administered by the Commonwealth Neurotrauma Initiative Advisory Board, in cooperation with the Commissioner of Health. The Fund shall consist of grants, donations and bequests from public and private sources and such funds as are appropriated by the General Assembly. Such moneys shall be deposited into the state treasury to the credit of the Fund and shall be used for the purposes of this article. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund.
Moneys in the Fund shall be used to support grants for Virginia-based organizations, institutions, and researchers of traumatic spinal cord or brain injuries, basic science and clinical research on the mechanisms and treatment of neurotrauma, and community-based rehabilitative services for individuals with traumatic spinal cord or brain injuries.
The Fund shall be distributed according to the grant procedures established pursuant to §32.1-73.4. The Board of Health shall promulgate regulations establishing procedures and policies for soliciting and receiving grant applications and criteria for reviewing and ranking such applications, including, but not limited to, goals, timelines, forms, eligibility, and mechanisms to ensure avoidance of any conflicts of interest or appearances thereof. The Board shall receive the recommendations of the Advisory Board prior to promulgating or revising any such regulations.
The Commonwealth Neurotrauma Initiative Advisory Board, hereafter referred to as the "Advisory Board," shall exercise the following general powers and duties as set forth by the Code of Virginia:
1. Administer, in cooperation with the Commissioner of Health, the Commonwealth Neurotrauma Initiative Trust Fund, in accordance with such regulations of the Board of Health as shall be established for the Fund;
2. Recommend to the Board of Health policies and procedures for the administration of the Fund, including criteria for reviewing and ranking grant applications, distribution of funds, and areas of research need in accordance with the provisions of subsection B of § 32.1-73.2;
3. Review and rank or arrange for reviewers and technical advisers to review and rank grant applications for basic science and clinical research, and community-based rehabilitative services;
4. Report annually on October 1, to the Governor and the General Assembly, aggregate data on the operations and funding of the Commonwealth Neurotrauma Initiative Trust Fund.
The Advisory Board may appoint grant reviewers and other technical advisers to assist it in its duties. Such reviewers and technical advisers shall be appointed in such manner as to provide equal representation from Virginia's three medical schools. Whenever reviewers or technical advisers sit as a committee, the chairperson of the Advisory Board or a designee shall serve as chairperson.
Advisory Board members shall excuse themselves from reviewing, ranking, or voting on grant applications submitted by organizations, agencies, facilities, or other entities with which they have an employment or other financial relationship, or any personal or professional connection which may have the appearance of a conflict of interest.
The Advisory Board shall meet at the call of the chairperson or the Commissioner [of the Department of Health].
Board meetings shall be held as specified in the Virginia Freedom of Information Act. All meetings shall be public meetings, including meetings and work sessions during which no votes are cast. In accordance with the Administrative Process Act, Code of Virginia, notice of all meetings shall be published in the Virginia Register. Meeting notices shall be submitted to the Virginia Office of the Registrar of Regulations as specified in the Administrative Process Act. Additionally, notice of all meetings, including the time, date, and place of each meeting shall be furnished to any citizen of the Commonwealth who requests such information.
A quorum shall consist of four members of the board.
The proceedings of the Board meetings shall be as prescribed by Robert's Rules of Order or as determined by the Board.
The Board may hold a work session preceding regular or special Board meetings, when deemed appropriate. A work session agenda will be prepared which identifies the time and place of the session and shall be included with the agenda for the regular and/or special meeting of the Board
The Board may hold meetings via conference call or teleconference where deemed appropriate and in accordance with the Virginia Freedom of Information Act,
The agenda and supporting material for the regular and/or special meetings shall be prepared in advance and mailed to the Board members at least seven calendar days prior to the scheduled meeting.
A. The Board shall consist of seven members as follows: one person licensed to practice medicine in Virginia experienced with brain or spinal cord injury; one person licensed by a health regulatory board within the Department of Health Professions with experience in brain or spinal cord injury rehabilitative programs or services; one Virginian with traumatic spinal cord injury or a caretaker thereof; one Virginian with traumatic brain injury or a caretaker thereof; one citizen-at-large who shall not be an elected or appointed public official; the State Health Commissioner; and the Commissioner of Rehabilitative Services. The State Health Commissioner and the Commissioner of Rehabilitative Services may appoint designees to serve on the Advisory Board. Board members shall be appointed by the Governor.
Nominations for appointments may be submitted, at the discretion of the Governor, from relevant organizations.
B. Of the initial members appointed in 1997, the Governor shall appoint two members for terms of two years, two members for terms of three years, and three members for terms of four years. Thereafter, all members shall be appointed by the Governor for terms of four years. No member shall serve more than two successive terms of four years.
C. In the event of resignation of a member, the Advisory Board may make nominations to the Governor to fill the vacancy.
D. In the event a member of the Advisory Board is absent for two consecutive meetings without good cause, consideration may be given for the chairperson to recommend his/her termination to the Governor.
The chairperson shall be elected from the membership of the Advisory Board for a term of one year and shall be eligible for reelection.
The Board chair may establish special committees for specific assignments, as deemed necessary. The chair shall appoint board members to serve on special committees as appropriate. The findings and recommendations of special committees shall be presented to the Board and the special committees will be dissolved when assignments are completed.
These by-laws may be amended or repealed. Changes to the by-laws may be adopted by a vote of at least two-thirds of the members eligible to vote and present at any regular meeting or at any special meeting, if written notice of the proposed change is given at least seven calendar days prior to the scheduled meeting.
By-laws adopted by the Commonwealth Neurotrauma Initiative Advisory Board on the seventeenth day of May, 1999.
John Ward, M.D., Chair
Commonwealth Neurotrauma Initiative