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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.