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American Physiological Society Operational Guide
2002 Revision
Appendix B: Code of Ethics
Appendix C: Guiding Principles for Research
Involving Animals and Human Beings
Recommendations
From The Revised Declaration of Helsinki
Guiding Principles in
the Care and Use of Animals
American
Physiological Society Statements on Animal Usage
Appendix D: IUPS Agreement
Appendix E: Affiliate APS Societies
Appendix F: Oxford University Press Agreement
Appendix G: APS - USSR Agreement
Appendix H: APS Policy for Dealing with
Scientific Misconduct
Appendix I: APS Strategic Plan
Appendix J: Experimental Bilogy Management Agreement
Appendix K: Authorization for Executive Director
and Business Manager to Open Bank Accounts
Appendix L: Chapter Guidelines Chartering
and Administration
Appendix M: APS Guidelines for Interactions
Between Society Members and Headquarters Staff
APPENDIX
B
Code
of Ethics
(Adopted
by Council October 1989)
Membership
in the American Physiological Society includes the acceptance of and the
responsibility to uphold the following Code of Ethics.
The
role of the physiologist is to advance the field through teaching, research,
and service. In the process physiologists shall be honest in their reporting
of research findings and ethical in their dealings with others. Moreover,
physiologists shall be humane in the treatment of human and non–human
subjects. Physiologists shall also have the professional responsibility to
bring to the attention of appropriate authorities apparent violations of these
principles.
Physiologists
recognize the Society's responsibility to consider breaches of ethical
behavior and to take any response deemed necessary in accordance with the
Society's Bylaws, Article IX, Section 4 and as defined in the Operational
Guide.
APPENDIX
C
Guiding
Principles for Research Involving Animals and Human Beings
Recommendations
From The Revised Declaration of Helsinki by the World Medical Association
Regarding Human Subjects
I.
Basic Principles
1.
Clinical research must conform to the moral and scientific principles
that justify medical research and should be based on laboratory and animal
experiments or other scientifically established facts.
2.
Clinical research should be conducted only by scientifically qualified persons
and under the supervision of a qualified medical man.
3.
Clinical research cannot legitimately be carried out unless the importance of
the objective is in proportion to the inherent risk to the subject.
4.
Every clinical research project should be preceded by careful assessment of
inherent risks in comparison to foreseeable benefits to the subject or to
others.
5.
Special caution should be exercised by the doctor in performing clinical
research in which the personality of the subject is liable to he altered by
drugs or experimental procedure.
II.
Clinical Research Combined with Professional Care
1.
In the treatment of the sick person, the doctor must be free to use a new
therapeutic measure, if in his judgment it offers hope of saving life,
reestablishing health, or alleviating suffering.
If
at all possible, consistent with patient psychology, the doctor should obtain
the patient's freely given consent after the patient has been given a full
explanation. In case of legal incapacity, consent should also he procured for
the legal guardian, in case of physical incapacity the permission of the legal
guardian replaces that of the patient.
2.
The doctor can combine clinical research with professional care, the objective
being the acquisition of new medical knowledge, only to the extent that
clinical research is justified by its therapeutic value for the patient.
III.
Non-Therapeutic Clinical Research
1.
In the purely scientific application of clinical research carried out on a
human being, it is the duty of the doctor to remain the protector of the life
and health of that person on whom clinical research is being carried out.
2.
The nature, the purpose and the risk of clinical research must be explained to
the subject by the doctor.
3a.
Clinical research on a human being cannot be undertaken without his free
consent after he has been informed; if he is legally incompetent, the consent
of the legal guardian should be procured.
3b.
The subject of clinical research should be in such a mental, physical and
legal state as to be able to exercise fully his power of choice.
3c.
Consent should, as a rule, be obtained in writing. However, the responsibility
for clinical research always remains with the research worker; it never falls
on the subject even after consent is obtained.
4a.
The investigator must respect the right of each individual to safeguard his
personal integrity, especially if the subject is in a dependent relationship
to the investigator.
4b.
At any time during the course of clinical research the subject of his guardian
should be free to withdraw permission for research to be continued.
The
investigator or the investigating team should discontinue the research if in
his or their judgment, it may, if continued, be harmful to the individual.
APS
Guiding Principles in the Care and Use of Animals
Approved
by the Council of The American Physiological Society1
Animal experiments are to be undertaken only with the
purpose of advancing knowledge. Consideration should be given to the
appropriateness of experimental procedures, species of animals used, and
number of animals required.
Only
animals that are lawfully acquired shall be used in laboratory research, and
their retention and use shall be in every case in compliance with federal,
state and local laws and regulations, and in accordance with the Institute for
Laboratory Animal Research (ILAR) Guide for the Care and Use of Laboratory
Animals.2
Animals used in research and education must receive every
consideration for their comfort; they must be properly housed, fed, and their
surroundings kept in sanitary conditions.
The use of animals must be in accordance with the ILAR Guide
for the Care and Use of Laboratory Animals. Appropriate anesthetics must be
used to eliminate sensibility to pain during all surgical procedures. Drugs
that produce muscle paralysis are not
anesthetics and they may not be used alone for surgical restraint, but may be
used in conjunction with drugs known to produce adequate anesthesia. The care
and use of animals shall be such as to minimize discomfort and pain. All
measures to minimize pain and distress that would not compromise experimental
results must be employed.
If
the study requires the death of an animal, the most humane euthanasia method
consistent with the study must be used.
When
animals are used by students for their education or the advancements of
science, such work shall be under the direct supervision of an experienced
teacher or investigator.
__________________
1Formulated
in 1909 by Walter B. Cannon; Revised and Adopted by APS Council in 1953;
Latest Revision 2000
2Institute
for Laboratory Animal Research. National Research Council. Guide for the Care and Use of Laboratory Animals, Washington,
DC: National Academy Press, 1996.
American
Physiological Society Statements
on Animal Usage
Policy
on Animal Research
The
APS recognizes the importance of research that depends upon animals of large
size, advanced age, and diverse genetic background. These are known as
"random source animals," and, in many places, they are legally
available at reasonable cost only from the Class B category of USDA-licensed
dealers. Class B dealers are important due to many state and local laws that
prohibit the transfer of abandoned and feral animals from pounds to research
facilities. Until this regrettable situation can be changed, the APS will
support all efforts to make the current USDA licensing system work as well as
possible. We therefore support providing the USDA with appropriate funding to
ensure adequate resources to conduct the necessary inspections and oversight.
The
Animal Welfare Act is rooted in the desire to prevent pets from inadvertently
becoming research subjects. The APS encourages researchers to actively promote
policies to assure that their institutions utilize only dealers who comply
fully with all Animal Welfare Act requirements. Researchers should be
knowledgeable about where their institutions obtain random source animals and
should be certain that incoming animals are screened for identifying marks or
other signs that they might be lost pets.
In
addition, researchers and research institutions should promote responsible pet
ownership that can avert many situations in which pets get lost or come to
harm. We encourage the public to have their pets neutered; identify pets with
either a tattoo or a chip implant, as well as a collar; and keep pets
protected in a home or yard.
June
1995
The
Use of Animals is Necessary for the Proper Teaching of Students of the
Biomedical Sciences
The
American Physiological Society believes the use of animals is important in the
education of students in the biomedical sciences. The use of animals gives the
student a direct understanding of how living systems work, an understanding
that cannot be gained by reading a textbook, watching a video, or using a
computer. To achieve the best biomedical education students must have a
complete learning experience including the use of laboratory animals.
October 1987
Animal
Research is the Most Humane Response to Human Suffering from Disease
Depriving
sick human beings of the benefits of animal research is inhumane and
reprehensible. The American Physiological Society advocates the use of animals
for research and teaching as the most humane response to the need to relieve
mankind from the suffering caused by disease. The use of animals is necessary
if researchers are to combat illness, which affects both human beings and
animals. The correct training of physicians and medical scientists also
requires the use of animals for laboratory teaching. Textbooks, isolated
cells, computer models, and other representations of the intact living
organism can provide only a partial understanding of the life processes for
both the medical researcher and the student. Efforts to deny the human race
the best possible curative power of modern sciences must be repulsed.
October 1987
Pound
Animals
Unclaimed
pound animals (random source dogs and cats) have proved to be the most useful
animals for the purposes of research and teaching. Medical advances benefiting
both humans and animals were possible because of the availability of unclaimed
pound animals for use in research. The American Physiological Society strongly
believes that denial of the availability of random source animals would be a
catastrophic setback and the Society strongly endorses the continued use of
unclaimed pound animals for basic and clinical research and teaching.
April 1986
APPENDIX D
AGREEMENT
MADE
this 31 day of January
, 1985, by and between: THE INTERNATIONAL UNION OF PHYSIOLOGICAL
SCIENCES, hereafter sometimes "IUPS", and
THE
AMERICAN PHYSIOLOGICAL SOCIETY, hereafter sometimes "APS",
WHEREAS
IUPS is a non-profit corporation organized and existing under the laws
of the District of Columbia with principal offices at laboratoire de
Physiologie, 91, Boulevard de l'Hospital, 75634 Paris, Cedex 13, and
WHEREAS
APS is a non‑profit corporation organized and existing under the laws of
Missouri and with principal offices at 9650 Rockville Pike, Bethesda, Maryland
20814, and
WHEREAS
APS is a supporting society of IUPS, and
WHEREAS
APS and IUPS have broad areas of mutual interest in the physiological sciences
and education, and
WHEREAS
APS is engaged, among other activities, in publication of scientific journals
and periodicals, and
WHEREAS
the parties intend to found, develop and own jointly a journal to describe and
report current trends and news of interest to the physiological community.
NOW
THEREFORE, in consideration of their mutual promises and other valuable
consideration, the parties agree as follows:
1.
The parties agree to found and own jointly a journal (hereafter
Athe Journal@), which will report and describe
trends, discoveries and events of interest to scientists and others working in
the field of physiology.
2.
Joint Board - A joint board consisting of two
representatives each of IUPS and APS shall decide general questions of policy
in consultation with the Managing Publisher and Chief Editor.
3.
Name of Publication - The parties shall select the name to
be used for the Journal by mutual consent.
4.
Ownership - IUPS and APS shall each own a one-half
undivided interest in the Journal including, but not limited to, the name,
goodwill, subscriber lists, copyrights, plates, proofs, back issues, and the
like.
5.
Transferability - Neither party shall transfer, assign, or
otherwise alienate its interest in the Journal without the prior written
consent of the other party.
6.
Editors - IUPS and APS through their Joint Board shall
select the Chief Editor. There shall be a Chief Editor, Associate Editors, and
an Editorial Board.
7.
Editorial Board - The Associate Editors and the Editorial
Board shall be appointed by the Chief Editor subject to the approval of IUPS
and APS. The Associate Editors and Editorial Board shall have the duties,
responsibilities, and powers assigned to them from time to time by the Chief
Editor. Each
supporting
society and/or adhering body of IUPS shall have the right to nominate
candidates for the Editorial Board.
8.
Editor's Expenses - The Chief Editor shall be reimbursed
for direct operating costs.
9.
Managing Publisher - APS shall be the Managing Publisher
of the Journal.
10.
Managing Publisher's Expenses - Expenses shall include
direct out‑of pocket and indirect administrative expenses consistent
with the Managing Publisher's normal accounting practices.
11.
Expenses - Start-up costs (before publication) shall
be shared equally by IUPS and APS.
12.
Subscription Prices - Prices shall be set by the Managing
Publisher and Joint Board.
13.
APS Purchases - APS shall purchase one copy of each issue
of the Journal for every member of APS. APS will pay to the Journal the actual
per copy cost times the number of copies purchased. Actual per copy cost
includes editorial and printing expenses.
14.
Division of Losses/Income - APS shall render an annual
accounting of losses and income from the publication of the Journal. If the
total income exceeds the total expenses, the net income shall be divided
equally between IUPS and APS.
15.
Payments - IUPS shall pay $18,500 for start-up costs
when the contract is signed and a second payment of $ 18,500 one year later.
APS shall pay any other amounts necessary to fund or capitalize the
publication. All payments shall stand as a credit in determining the
apportionment of income.
16.
Promotion and Subscription Fulfillment - Promotion,
mailing, and subscription fulfillment will be contracted out by the Managing
Publisher to a commercial establishment.
17.
Promotion Expenses - Promotion, mailing, and fulfillment
expenses for jointly sold copies shall be treated as production costs of the
Journal. Complimentary copies distributed for promotion purposes shall also be
included as production costs. The parties agree that one complimentary copy of
each issue shall be distributed to each supporting society and/or adhering
body of IUPS.
18.
Miscellaneous - The schedule and frequency of publication
shall be determined by the Joint Board. The initial schedule shall provide for
publication annually of six issues of 48 pages each. Each issue will be
produced in one form only, and all copies of that issue shall be in the
English language and contain the same material, no matter where the
distribution is made. Supplements may be issued at no cost to the joint
venture.
19.
Dissolution - Either party may terminate this Agreement
without cause by giving written notice to the other party not less than one
year prior to the proposed termination date. If upon termination of this
Agreement, the parties cannot agree upon terms for liquidation, all of the
right, title and interest of both parties shall be transferred to the party to
this Agreement who makes the most favorable bid& Each party shall have two
weeks to respond to the last bid of the other party.
IN
WITNESS WHEREOF the parties hereto have caused these presents to be executed
by their duly authorized corporate officers the day and year first written
above.
Attest:
THE AMERICAN PHYSIOLOGICAL SOCIETY
-
/S/
By:
/S/
-
Secretary President
Attest:
THE INTERNATIONAL UNION OF PHYSIOLOGICAL SCIENCES
-
/S/
By:
/S/
-
Secretary President
Amendment
-
MADE
this
first day
of January 199 1 ,
amending an Agreement January 31, 1985, by and between:
-
THE
INTERNATIONAL UNION OF PHYSIOLOGICAL SCIENCES, "IUPS,"
-
and
-
THE
AMERICAN PHYSIOLOGICAL SOCIETY, "APS,"
WHEREAS,
IUPS and APS entered into an Agreement to found and own jointly a Journal for
reporting trends, discoveries and events of interest to scientists and others
working in the field of physiology,
Athe
Journal;” and
WHEREAS,
the Agreement provides that APS shall be the Managing Publisher for the
Journal through December 31, 1990; and
WHEREAS,
the parties have agreed to amend their Agreement to continue APS Managing
Publisher indefinitely.
NOW,
THEREFORE, in consideration of their mutual promises and other valuable
consideration, the parties agree as follows:
1.
Paragraph 9 of the Agreement dated January 31, 1985, shall be deleted in its
entirety and the following shall be substituted therefore:
9.
Managing Partner - APS
shall be Managing Publisher of the Journal until terminated by written notice
by one of the parties to the other delivered not later than one year in
advance of the proposed termination date.
2.
Except as otherwise provided, the aforesaid Agreement shall remain in full
force and effect.
IN
WITNESS WHEREOF the parties hereto have caused these presents to be executed
by their duly authorized corporate officers the day and year first written
above.
Attest:
THE AMERICAN PHYSIOLOGICAL SOCIETY
-
/S/
By:
/S/
-
Martin Frank, Secretary
Shu Chien, President
Attest:
THE INTERNATIONAL UNION OF PHYSIOLOGICAL SCIENCES
-
/S/
By:
/S/
-
Robert Naquet, Secretary Andrew
Huxley, President
-
APS2
-
DKJ47
APPENDIX E
Affiliate
APS Societies
During
the past several years, APS Council has been in the process of negotiating
possible affiliations with a number of societies in the field of physiological
sciences that possess mutual interests and goals of the Society. It should
also provide a mechanism to stimulate new growth and interest in APS. As a
result of these discussions the APS Council is pleased to announce the pending
affiliation of the Microcirculatory Society with APS.
The
concept of affiliation has arisen because both
AAPS and the Microcirculatory Society
have a mutual interest in certain areas of scientific investigation and
reporting.@
and" ... the two societies draw some of their membership from the same
segment of the scientific community." The affiliation of the
Microcirculatory Society, or for that matter any society, with APS should
enable both societies
A...to
accomplish their purposes in an efficient basis and to improve communication
between the two societies and among the members of the two societies and with
the public at large.@
As
part of the Compact for Affiliation, APS will provide the Microcirculatory
Society with a number of services for which APS will be reimbursed. In
addition, members of the affiliate society will have access to a number of APS
privileges as described in the compact.
Compact
for Affiliation
RECITALS
WHEREAS
APS and THE MICROCIRCULATORY SOCIETY have a mutual interest in certain areas
of scientific investigation and reporting, and
WHEREAS
the two societies draw some of their membership from the same segment of the
scientific community; and
WHEREAS
the parties have agreed to become affiliated in order to accomplish their
purposes in an efficient basis and to improve communication between the two
societies and among the members of the two societies and with the public at
large.
NOW
THEREFORE, in consideration of the premises and other good and valuable
consideration the parties agree as follows:
1.
Affiliation: The parties agree that THE MICROCIRCULATORY SOCIETY shall
be an affiliated society of APS and shall be entitled to the rights and
privileges accorded to affiliated societies under the APS Operational Guide as
it may be revised from time to time.
2.
Services to Be Provided by APS: APS shall provide the personnel,
material, facilities and services of others and shall perform work for THE
MICROCIRCULATORY SOCIETY as agreed upon in writing from time to time between
the parties. The work to be performed by APS may include: accounting,
bookkeeping, billing, mailing, servicing of mailing lists, administrative,
managerial, and secretarial services. APS may also provide office space,
facilities, and utilities.
3.
Services to Be Provided by THE MICROCIRCULATORY SOCIETY: THE
MICROCIRCULATORY SOCIETY may undertake such duties and responsibilities under
such terms as shall be agreed upon.
4.
Rights and Privileges:
a.
As an affiliated society of APS, THE MICROCIRCULATORY SOCIETY shall be
entitled to identify itself in its publications and letterheads as an
affiliate of APS in the manner shown below or in such other manner as may be
approved by APS:
THE
MICROCIRCULATORY SOCIETY
(An
Affiliate of the American Physiological Society)
b.
APS shall have the right to designate a representative to THE MICROCIRCULATORY
SOCIETY Council (non-voting) to be present when matters of concern are
discussed.
c.
THE MICROCIRCULATORY SOCIETY shall have the right to designate a
representative to the APS Council (non-voting) to be present when
matters of mutual concern are discussed.
5.
Rights and Privileges of Individual Members of the Societies:
a.
Upon application and payment of dues in accordance with the schedule of dues
in effect from time to time, each Regular member of THE MICROCIRCULATORY
SOCIETY not presently a member of the APS shall become an Associate member of
APS. As an Associate member of APS he/she shall be entitled to the rights and
privileges as set forth in the Operational Guide of APS as revised from time
to time.
b.
Each member of THE MICROCIRCULATORY SOCIETY shall be entitled to subscribe to
any publication of APS at the APS members' price then prevailing.
c.
Each member of THE MICROCIRCULATORY SOCIETY shall be entitled to attend any
scientific meeting of APS and to register at APS members' rates.
d.
Each member of APS shall be entitled to subscribe to any publication of THE
MICROCIRCULATORY SOCIETY at THE MICROCIRCULATORY SOCIETY members' price then
prevailing.
e.
Each member of APS shall be entitled to attend any meeting of THE
MICROCIRCULATORY SOCIETY and to register at THE MICROCIRCULATORY SOCIETY
members' rate.
f.
Membership in one society does not entitle the member to rights and privileges
of membership in the other society except as specifically provided for in this
Agreement or otherwise provided for by the other society.
6.
Corporate Identity: Each of the societies shall retain its own
corporate identity and agrees that during the term of this Agreement it will
maintain its corporate status in good standing. Each society shall determine
its own membership criteria and dues and shall be responsible for billing and
collecting its own income. Each society shall retain its own assets and shall
be responsible for its own debts and obligations.
7.
Indemnification: THE MICROCIRCULATORY SOCIETY agrees to indemnify and
hold harmless APS in respect of any obligations incurred by THE
MICROCIRCULATORY SOCIETY or claims made against THE MICROCIRCULATORY SOCIETY
arising out of any act or omission committed or alleged to have been committed
by THE MICROCIRCULATORY SOCIETY.
APS
agrees to indemnify and hold harmless THE MICROCIRCULATORY SOCIETY in respect
of any obligations incurred by APS or claims made against APS arising out of
any act or omission committed or alleged to have been committed by APS.
8.
Reimbursement for Services: Each society shall reimburse the other for
any personnel, facilities, programs and services rendered to or on behalf of
the other. Reimbursement shall be made in the amounts and in the manner
mutually agreed upon by the parties. In the absence of any specific agreement
and following consultations between the officers of the two societies, the
society furnishing the service shall bill the other society and shall be
reimbursed for actual cost plus overhead and general and administrative
expenses not in excess of the rate chargeable to the US Government for
comparable services or supplies.
9.
Warranties:
a.
THE MICROCIRCULATORY SOCIETY warrants that it is a corporation organized and
in good standing under the laws of Massachusetts and duly qualified as an
exempt organization under Section 501(c)3 of the Internal Revenue Code,
1104‑6088271.
b.
THE MICROCIRCULATORY SOCIETY warrants that the balance sheets and financial
statement prepared by Davidson Eagleson and Company, for the year ending May
31, 1985, accurately represent the financial status of THE MICROCIRCULATORY
SOCIETY at this time except for changes resulting from the ordinary course of
business.
c.
APS warrants that it is a corporation organized and in good standing under the
laws of the state of Missouri and duly qualified as an exempt organization
under Section 501(c)3 of the Internal Revenue Code.
d.
APS warrants that the balance sheets and financial statement prepared by
Coopers and Lybrand as of December 31, 1984, accurately represent the
financial status of APS at this time except for changes resulting from the
ordinary course of business.
e.
Each party hereto warrants and covenants that it will take no action to
prejudice the tax‑exempt standing of the other party under Section
501(c)3.
10.
Terms of Agreement: This Agreement shall remain in effect until
terminated by action of the parties as set forth here. Either party may
terminate the agreement by giving the other party One Hundred Eighty (180)
days' written notice.
11.
Notices: Notices as required hereunder shall be given by certified mail
to the addresses shown below or to such other addresses as the party may
designate in writing to the other party.
APPENDIX F
AGREEMENT
-
AGREEMENT
made this 10
day of
December , 1987, by and between:
-
OXFORD
UNIVERSITY PRESS INC. (OUP)
-
and
-
THE
AMERICAN PHYSIOLOGICAL SOCIETY (APS).
-
WITNESS
WHEREAS,
the APS wishes to sponsor The Handbook of Physiology, the Clinical Physiology
Series, a technical book series, and other books, and the OUP wishes to
publish, promote, and distribute these books, the parties agree as follows:
1.
Publication. During the term of this Agreement, APS grants to
OUP, its successors and assigns, all publishing and distribution rights in and
to all APS sponsored books. OUP shall negotiate individual contracts with the
author(s) or editor(s) of each APS volume.
A.
OUP shall take out copyright of each volume in the name of the American
Physiological Society and shall include notice of copyright sufficient under
federal copyright law in all APS volumes it publishes.
B.
OUP shall give full credit and visibility to APS as sponsor in the books
themselves and in promotion materials devoted to them. The tide of each book
shall contain the words “American Physiological Society@ unless the parties shall agree
otherwise. In any event APS shall have the right to determine the title of
each publication and the manner in which APS sponsorship is announced.
C.
This agreement covers only books and does not include journals or other
such publications now or hereafter to be published by APS.
2.
Editorial Management. The responsibility for the selection of
topics and editors and authors shall rest with APS, which shall periodically
consult with OUP. Changes in volume content occurring after initial selection
shall be mutually agreed upon by APS, OUP, and the editor(s).
A.
OUP will accept all volumes and books approved by APS. Should any
disagreements arise about the desirability of publishing any non‑Series
volumes or books, OUP will have the right to forgo payment of royalties on
those volumes in which OUP does not expect to recover costs from the sales. If
sales of these volumes exceed 1250 copies, OUP will pay royalties
retroactively on all sales.
B.
OUP shall copy edit all APS manuscripts to conform to a mutually agreed upon
style before sending them to the compositor.
C.
OUP shall be responsible for the indexing of APS books, except where authors
or editors agree to assume this responsibility, and shall supply authors with
copyright permission forms.
D.
OUP shall be responsible for handling all rights and permissions
correspondence relating to the reproduction of material from APS books in
other publications, consulting APS when necessary.
E.
The length of APS books shall be agreed upon mutually between APS and OUP.
3.
Production. OUP shall be responsible for the timely production
of APS books, including typesetting, printing, binding, paper, engravings,
correcting printer's errors, making author's alterations, and preparing
mechanicals.
A.
The design and production quality of APS books shall be agreed upon mutually
between APS and OUP.
B.
Authors will be asked to submit camera‑ready illustrations for all APS
volumes and APS and OUP will agree on a reasonable limit for the number of
color illustrations to be included in any Handbook volume. Color illustrations
will generally not be accepted for non‑Handbook volumes, except where
crucial to the books purposes.
C.
Limitations on alterations, timetable for delivery of manuscripts, artwork,
and the like shall be determined between the author and OUP.
4.
Editorial Expenses. OUP will pay APS ten thousand dollars
($10,000) per year in amounts and at times requested by APS for expenses
incurred in the selection and coordination of authors/editors and topics. In
the event the Agreement is renewed for additional terms, the amount of this
annual payment for future terms shall be subject to renegotiation. APS may
draw advances against royalties to cover such expenses in excess of the sums
stated in any year.
5.
Distribution. OUP shall be responsible for the marketing and
distribution of all APS books, including those already published.
6.
Existing Inventory. Current stock of APS books will be shipped
to OUP and sold either at current prices or at a price set in consultation
with APS. Net receipts from these sales shall be divided as follows:
sixty-five percent (65%) to APS, thirty‑five percent (35%) to OUP.
The four volumes of the gastrointestinal section of the Handbook and the
Clinical Physiological Series book on sleep now in work shall be treated as
existing inventory when they are published. OUP and APS may mutually agree to
destroy any excess stock of APS volumes before it is shipped to OUP.
A.
Payment and an accounting of sales shall be made on February 1 and August 1 of
each year for sales made in the six months periods ending on the preceding
December 31 and June 30 respectively.
7.
Promotion. OUP shall be authorized to promote sales of APS books
through direct mail, brochures, catalogues, space advertising, and exhibits.
OUP shall submit advertising material to APS for approval prior to
publication. Such approval will not be unreasonably withheld.
8.
Advertising Space. When the make‑up of the advertising
section of APS journals leave pages that would run blank owing to the amount
of space available on a printed form, OUP may have the opportunity to place
ads for relevant APS books without charge.
9. Member Discounts. OUP
will sell APS books at a discount of thirty‑five percent (35%) off the
list price to APS members.
10.
Authors' Offprints. OUP will sell offprints of the Handbook of
Physiology chapters to the authors at prevailing rates, which are about twice
the production cost
11.
Authors' Copies. OUP will provide one gratis copy of each APS
volume to the first author of each chapter, five to the volume and series
editors, and fifteen to the APS.
12.
Royalties. OUP shall pay to the authors, editors, and APS a
royalty of fifteen percent (15%) of net receipts from the sale of all APS
books produced by OUP.
A.
OUP shall pay APS a royalty of five percent (5%) of net receipts from the
sales of all APS books produced by OUP except those excluded from royalty
payments pursuant to paragraph 2.A.
B.
Payment of royalties to volume editors and authors shall be the obligation of
OUP. OUP will pay a ten percent (10%) royalty to be divided among authors and
editors; however, the amount and manner of division will be a matter for
contracts between the editor or author and OUP.
C.
Payment and an accounting of sales shall be made on February 1 and August 1 of
each year for royalties earned on sales made in the six month periods ending
on the preceding December 31 and June 30 respectively.
13.
Terms of Agreement. This Agreement shall be in effect for a
period ending five (5) years from January 1, 1988, and will automatically be
renewed for additional three‑year periods unless either party advises
the other in writing, by registered mail at least six (6) months before the
end of the contractual period, that party has elected to terminate this
Agreement as of the end of said period.
A.
Should APS decide to terminate this Agreement at the end of any contractual
period, OUP shall retain all rights in the APS books it has produced subject
to the provisions for royalty permits, unless the transfer of these rights to
the new publisher can be negotiated.
B.
For a period of five (5) years immediately following the termination of this
Agreement for any reason other than default by APS, OUP shall not publish any
Handbook that is substantially a competitor of any handbook published under
this agreement. The parties agree that damages for a breach of this provision
would be difficult to determine and that as liquidated damages, and not as a
penalty, OUP shall pay to APS one-half (1/2) of the net sales of any
books published by OUP in breach of this provision. This provision for
liquidated damages shall be in addition to and not in lieu of any rights APS
may have in law or equity for injunction or specific performance.
C.
This Agreement may not be assigned by either party without the prior consent
of the other party.
D.
This Agreement may be modified or amended only by an instrument in writing
signed by both parties.
14.
Computer Retrieval Systems. APS has in the past entered into,
and may in the future, enter into licensing agreements for use of APS
published and copy-edited material for incorporation into computerized
telecommunications services. APS agrees to consent to assignment or novation
of any such licenses that may affect this Agreement and to provide an
equitable division of royalties from such licenses earned in respect of
publications produced under this Agreement.
15.
Defaults. In the event of a default by either party, the
non-defaulting party shall give written notice to the defaulting party
specifying the default. The defaulting party shall cure the default within
thirty (30) days after receipt of the notice of default If the default shall
not be cured within thirty (30) days, the non-defaulting party may, at
its election, terminate the Agreement and be relieved of further obligation
thereunder without waiver of any rights it may have for damages at law or
equitable relief. The defaulting party shall reimburse the
non‑defaulting party for reasonable expenses incurred as a result of the
default whether or not litigation is commenced and including but not limited
to, attorney's fees, costs, expert witness fees and the like.
16.
Notices. Unless otherwise notified by the other party, any
notices required to be given under this Agreement may be sent certified to:
The
American Physiological Society
9650
Rockville Pike
Bethesda,
Maryland 20814
Attention:
Executive Director
and
Oxford
University Press
200
Madison Avenue
New
York, New York 10016
Attention:
Mr. Jeffery W. House
17.
Governing Law. This Agreement shall be interpreted and governed
in accordance with the laws of the State of New York.
The
parties hereto have signed this Agreement in duplicate originals as of the day
and year first above written:
THE AMERICAN PHYSIOLOGICAL SOCIETY
OXFORD UNIVERSITY PRESS
-
By:
/S/
/S/
-
Martin
Frank
Edward W. Barry
-
Executive Director and President
-
Executive
Vice-president
Witness:
/S/ Witness: /S/
Date:
10 December 1987
Date: 10 December 1987
APPENDIX
G
APS - USSR Agreement
About
the scientific cooperation between the All-Union Pavlov Physiological
Society and the American Physiological Society.
I
1.1
The All-Union Pavlov Physiological Society (AUPS) and the
American Physiological Society (APS) settle the agreement about cooperation
aimed to promote the spread of scientific information and to exchange by the
experience that will facilitate further progress in physiological science.
II
2.1
To reach the aims mentioned in part I, the societies take obligation to
use the following means:
a.
the exchange of scientific information, including the publishing of the
society transactions (books, etc.) and scientific monographs as requested by
other society;
b.
the exchange of specialists to get familiar with the research in the
scientific laboratories of the other country, the organization of research,
and lecture presentations at scientific meetings;
c.
the organization by the two societies of joint symposia that represent
mutual interest;
d.
the promotion of the publication of scientific papers by the publishing
companies of the other society.
2.2
In the future, societies will consider additional possibilities for the
development of cooperation that is of mutual interest.
III
3.1
The scientist exchange program and the organization of joint symposia
will be realized basing upon the equivalent non‑currency exchange.
3.2
The scientist exchange program implies that 3 to 4 specialists per
year, will visit the other country and society.
3.3
The candidates for scientist exchange are agreed to by the other
society. For this purpose, the sending side provides the accepting side the
following data four months before the visit starts: last name, first and
middle names, the date and place of birth, the place of work and the position
occupied, the scientific field (specialization), the desirable research
program and the terms of visit, the topics of the scientific presentations and
lectures.
3.4
The accepting site replies to this application not later than 2.5
months before the visit starts. In the case where the accepting side does not
agree, alternative specialists can be suggested. In the case where agreement
is reached, the sending society informs the accepting society the date of
arrival by cable.
3.5
The topics of joint symposia and their place should be agreed to ten
months before they start. The accepting side covers all expenses of visit over
the quote mentioned in point 3.2 The list of participants should be agreed to
in accordance with points 3.3 and 3.4.
3.6
The society will make efforts to obtain the necessary entrance visas
for the scientists from the other society in sufficient time.
IV
4.1
The accepting society provides the payment of expenses for the arriving
scientists, including:
a.
payment of per diem;
b.
living expenses in the hotel, dormitory or apartment;
c.
the internal travel expenses in accordance with the program;
d.
medical and dental assistance if necessary;
e.
the registration fee for participants in scientific meetings.
4.2
The sending side will cover transportation expenses to Moscow,
Leningrad, or Kiev in the USSR or to Washington, DC, New York in the USA.
4.3
The expenses that are implied by this agreement can be covered both by
the societies or by other institutions of the same country, according to
agreements between the society and the corresponding institutions.
V
5.1
The agreement will be effective after it is approved by the officers of
both societies.
5.2
After the agreement becomes effective, the two societies will submit
their suggestions during the first year and a half according to point 2.2
about the development of their cooperation, including the organization of
groups for research in the fields that are of mutual interest with the
corresponding increase in the quota for visitors.
5.3
The agreement will be active for the term of five years. After this
term, it will be automatically extended for another five‑year term,
unless one of the societies informs the other society in a letter form six
months before the acting agreement terminates that further extension of the
agreement is not desirable.
-
/S/
/S/
-
President President
-
All-Union
Physiological Society American Physiological Society
-
/S/ /S/
-
Executive
Secretary Executive Secretary
-
All-Union
Physiological Society American Physiological Society
-
June
1988
June 1988
-
Date
Date
APPENDIX H
APS Policy for Dealing with Scientific Misconduct
(Adopted
by APS Council December 1989)
The
American Physiological Society (APS) strongly supports the principles of
ethical integrity in scientific research and education. APS commits itself to
these principles by promoting ethical conduct among its staff and in assuring
that any allegations of scientific misconduct reported to any officer, council
member, or department head by a complainant will be studied promptly and
thoroughly, while maintaining, as much as possible, the confidentiality of the
complainant and respondent—affording both the right to due process.
Definition:
Misconduct
or misconduct in science means fabrication, falsification, plagiarism, or
other practices that seriously deviate from those that are commonly accepted
within the scientific community for proposing, conducting, or reporting
research. It does not include honest error or honest differences in
interpretations or judgments of data.
Procedures:
Principles
and Guidelines for Ethical Scientific Conduct
Ethical
principles for conduct of scientific research have been outlined in two
publications: Framework for Institutional Policies and Procedures to Deal
with Misconduct in Research, published by the Association of American
Medical Colleges, 1989; and Framework for Institutional Policies and
Procedures to Deal with Fraud in Research, published by the Association of
American Universities, National Association of State Universities and
Land-Grant Colleges, and the Council of Graduate Schools, 1989. APS will have
these documents available in its Personnel Office as background information
for is staff.
Initiation
of Inquiries
APS
will immediately consider allegations of misconduct in research and will
address any questions regarding the integrity of research performed under its
sponsorship. Inquiries and, where warranted, investigations will not be
limited to responses to specific allegations, but may also be initiated in the
absence of a specific complaint should a legitimate suspicion arise. APS will
study allegations of misconduct even if the subject of the allegation is no
longer affiliated with APS. APS will cooperate with other organizations making
inquiries or investigations involving current or former APS employees.
Depending
on circumstances, APS will designate either the President or the Executive
Director as the persons to whom allegations should be reported [referred to
hereafter as the Misconduct Policy Officers (MPO)]. The MPO will 1) provide
education about scientific misconduct, 2) interpret APS' misconduct policy, 3)
counsel staff' and 4) disseminate the policy. The MPO will pursue all
allegations to resolution. In case the conduct of the President or Executive
Director is in question, the case will be referred to the Past President or to
another person designated by the APS Council. Conflicts of interest perceived
or real will also disqualify anyone identified as the MPO.
Initially,
the MPO will discuss allegations of misconduct in a confidential manner with
the person making the allegation. If the MPO determines that the concern falls
outside the scope of misconduct, the individual making the allegation will be
counselled about alternative avenues for resolving the concern. If the
allegation does involve misconduct, the individual making the allegation will
be advised of the procedures for inquiry and investigation and offered the
opportunity to make a formal allegation. Should the individual decline to make
a formal allegation but the MPO determines there is sufficient cause to
warrant an inquiry, the matter may be pursued without a complainant.
Inquiry
Purpose
Whenever
an allegation or complaint involving the possibility of scientific misconduct
is made, the designated MPO will initiate an inquiryCthe first step of the review process.
In the inquiry stage, factual information is gathered and expeditiously
reviewed to determine if an investigation of the charge is warranted. An
inquiry is not a formal hearing; it is designed to separate allegations
deserving of further investigation from frivolous, unjustified, malicious, or
clearly mistaken allegations.
Structure
The
inquiry process may be handled with or without a formal committee. The MPO
will make every effort to ensure that the inquiry is conducted in a fair and
just manner. The inquiry phase is critical; the MPO will consider whether more
than one person should be involved in conducting the inquiry. If a committee
is to be utilized, the committee will be appointed by the MPO and will act
under the guidelines presented in the investigation section.
Individuals
chosen to assist in the inquiry process must have no real or apparent
conflicts of interest bearing on the case in question. They will be unbiased
and have appropriate backgrounds for judging the issues being raised.
APS
may consult its legal counsel to minimize the risk of liability for actions
taken in the conduct of the inquiry and investigation.
Process
Upon
initiation of an inquiry, the MPO is responsible for notifying the respondent
within a reasonable time of the charges and the process that will follow. If
the committee method is to be used, the committee members will be appointed
and convened.
Whether
a case can be reviewed effectively without the involvement of the complainant
depends upon the nature of the allegation and the evidence available. Cases
that depend specifically upon the observations or statements of the
complainant cannot proceed without the open involvement of that individual;
other cases that can rely on documentary evidence may permit the complainant
to remain anonymous. While it may be desirable to keep the identity of the
complainant confidential during the inquiry phase, local laws which provide
for open access to certain records may make such confidentiality impossible.
During the inquiry, confidentiality of the information gained during the
inquiry will be maintained to the maximum extent possible in order to protect
the rights of all parties involved (complainant, respondent, and any others).
The
MPO will assume responsibility for disseminating the facts of the case to the
appropriate individuals. Normally notification will be made in writing and
copies filed in the office of the MPO. The safety, security, and
confidentiality of all documents will be assured.
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