Med Journal Jan 2022 Final 2 | Page 5

• Unless the courts decide otherwise , both the CMS Rule and the OSHA ETS “ preempt ” any state law that provides less protection than the federal mandate . And in the case of the OSHA ETS , it is OSHA ’ s position that its ETS preempts any state law regarding employer policies on vaccinations , face coverings , or testing even if the employer has fewer than 100 employees and would not even be subject to the ETS .
SUMMARY REGARDING APPLICABILI- TY OF THE TWO FEDERAL MANDATES PROMULGATED ON NOV . 5
• If you are a health care provider in one of the 15 Medicare-certified types in the CMS Rule , you must comply with the CMS Rule , no matter the number of employees , and you are not subject to enforcement of the OSHA ETS .
• If you are not subject to the CMS Rule , and you have 100 or more employees in the same corporate entity , you must comply with the OSHA ETS .
• If you are not subject to the CMS Rule and have fewer than 100 employees , you may develop and implement your own employee vaccination or testing policy , subject only to generally applicable employment and civil rights laws .

Nominations / Applications Open for AMS Board of Trustees

The Arkansas Medical Society is now accepting nominations / applications for District Trustees . The deadline is February 1 , 2022 . District Trustees are elected by AMS members in each of the 10 districts . Voting will take place from February 15 – March 1 , 2022 .
The Board of Trustees consists of the primary officers of the AMS and district trustees representing 10 geographic areas of the state . There are currently 36 district trustees , which can fluctuate based upon the number of AMS members in each district . The Board of Trustees sets policy and is responsible for the business and financial affairs of the AMS . The Board meets quarterly with meetings generally lasting about two hours .
Eligibility Requirements are :
• Must live and / or practice in the district .
• Be an Active , Direct , or Life member .
• AMS dues must be paid for the current election year ( 2022 ).
• Candidates cannot run simultaneously for two districts ( live in one , practice in another )
• Past Presidents are not eligible .
Terms are for two years , beginning Spring 2022 , with a limit of four consecutive terms . Those elected will be notified after March 1st .
Any member interested in serving on the AMS Board of Trustees , or wishing to nominate someone , visit ARKMED . org .

AMS NEWS

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Volume 118 • Number 7 JANUARY 2022 • 149