Justice Alice Schlesinger
Petitioners, members of respondent professional organization, American Psychoanalytic Association (APA) sought to enjoin APA from implementing new standards for the appointment of Training Analysts (TA) or from certifying new TAs by a method other than one approved by APA’s Board on Professional Standards (BPS). APA argued BPS was obligated to report its proceedings to its Executive Council (EC), alleging the bylaws did not grant BPS sole authority to set standards, rather EC was to oversee activities of the APA and its committees. The EC approved a motion that APA’s policy was that appointment of TAs would be based on objective and verifiable criteria. Petitioners argued the EC’s motion “directly contravenes the bylaws” by bypassing the BPS standard setting function. The court agreed finding various provisions in the bylaws delegated to BPS the authority to set educational and professional standards, such as those for TAs. It noted the bylaws also recognize that PS was unique among the APA’s committees, and the composition of BPS was specifically delineated in the bylaws to exclude the influence of the EC. The court concluded petitioners presented ample authority for their assertion BPS, not the EC, had authority to set standards for TAs under the bylaws.
