SDAPTA BYLAWS 4-9-2011

BYLAWS OF the South Dakota cHAPTER OF THE AMERICAN Physical Therapy Association(sdapta)

ARTICLE I: NAME AND RELATIONSHIP TO AMERICAN PHYSICAL THERAPY ASSOCIATION

Section 1: Name

The South Dakota Chapter of the American Physical Therapy Association(SDAPTA),hereinafterreferred to as the Chapter, shall be a chapter of the American Physical Therapy Association, hereinafter referred to as the Association.

Section 2: Jurisdiction

The geographicjurisdiction of the Chapter shall coincide with the boundaries ofthe state of South Dakota.

ARTICLE II: OBJECT

The object of the Chapter shall be the object of the Association as stated in the Association Bylaws.

ARTICLE III: FUNCTIONS

A.The functions of the Chapter shall be the same as the functions of the Association as statedin the Associationbylaws.

B. Monitor state legislation and regulatory agencies to protect the interests of the public and the rights of qualified persons involved in the practice of physical therapy.

C. Facilitate Association functions on the state level.

ARTICLE IV: MEMBERSHIP

Section 1:Categories and Qualifications of Members

A.The Chapter membership categories and qualifications for Physical Therapist, Retired Physical Therapist, Life Physical Therapist, Student Physical Therapist, Physical Therapist Assistant, Retired Physical Therapist Assistant, Life Physical Therapist Assistant, and Student Physical Therapist Assistant shall be the same as those of the Association.

B. In addition, the Chapter shall maintain a single Corresponding Member category with rights and privileges as stated in the Association bylaws.

Section 2: Rights and Privileges of Members

The rights and privileges of the Chapter’s members shall be identical to those established in the Association Bylaws

Section 3: Admission to Membership

Admission to Chapter membership is by assignment by the Association’sBoard of Directors.

Section 4: Good Standing

An individual member is in good standing within the meaning of these Bylaws if the member is in good standing in the Association.

Section 5: Disciplinary Action

A. Any member of the Chapter who is suspended by the Association shall have his or hermembership privileges suspended in the Chapter. Any member who is expelled from membership in the Association shall be expelled from Chapter membership.

B. Complaints to the effect that a member has violated the ethical principles or standards of the Association shall be processed in accordance with the Association's Procedural Document on Disciplinary Action.

Section 6: Reinstatement

A.Individuals shall bereinstated to the Chapter membership in accordance with the Association's Standing Rules.

B.The Chapter may not charge a reinstatement fee.

ARTICLE V: DISTRICTS AND SPECIAL INTEREST GROUPS

Section 1: Districts

A. Creation

(1)Twenty (20) members may petition the Chapter Board to create a district.

(2) The petition shall include:

a. Name of the district.

b. Jurisdiction of the district.

c. Proposed bylaws or rules of order for the district to include formation; dissolution, voluntary

or involuntary, and election of officers, if any.

(3) Final approval of creation of the districtor dissolution shall bein accordance with the rules and

conditions specified by the Chapter’s two-thirds (2/3) vote of Chapter members present at any

regular meeting of theChapter.

B. Any district the Chapter may create shall:

(1) Operate under bylaws or rules of order that shall not be inconsistent with Chapteror

Association Bylaws and that shall be approved by the Chapter.

(2) Not establish dues.

(3) Not levy special assessments that carry punitive action or loss of good standing.

Section 2: Special Interest Groups

A. The Chapter may authorize the establishment of a special interest group when:

(1) Six (6) members petition the Board to establish a special interest group.

(2) There is a specific common interest; e.g., education, pediatric, private practice; among the

petitioning members, to meet, confer and promote said common interest.

(3) The petition shall include:

a. Name of special interest group

b. Purpose of the special interest group

(4) The Board shall determine the rules and conditions to establish and dissolve any special interest group.

(5) Final approval to establish a special interest group shall be by two-thirds (2/3) vote of Chapter members present at any regular meeting of the Chapter.

(6) This special interest group shall operate under bylaws or rules of order that shall not be inconsistent with Chapter or Association bylaws and that shall be approved by the Chapter Board.

(7) Not levy special assessments that carry punitive action or loss of good standing.

Section 3: Limitations

Districts and Special Interest Groups are subject to the following limitations:

  1. Bylaws and policies of the Association and the Chapter.
  1. No district or special interest group shall profess or imply that it speaks for or represents the

Chapter or members other than those currently holding membership in the district or special interest group unless authorized in writing to do so by the Board.

ARTICLE VI: MEETINGS

Section 1:Regular and Annual Meeting

The Chapter shall hold one regular meeting of the general membership in addition to the annual meetingin the Fall at such time and place as determined by the Board.

Section 2: Special Meeting(s)

Special meetings of the general membership may be called by the President, two (2) officers, or on written request of forty (40) members.

Section 3: Notice of Meeting Requirements

Written notice stating the place, date and hour of the meeting and, in the case of a special meeting, the purpose or purposes for which the meeting is called, shall be delivered not less than ten or more than fifty days before the date of the meeting, either personally or by mail by or at the direction of the president, or the secretary, or the directors calling the meeting, to each member of the Chapter. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail addressed to the member at his or her address as it appears on the records of the Chapter, with postage thereon prepaid.

Section 4:Quorum

Thirty-five (35) members present who are eligible to voteshall constitute a quorum.

Section 5: Reporting

All meeting minutes shall be submitted to the Association within 45 days of the date of the meeting.

ARTICLE VII: OFFICERS, BOARD OF DIRECTORS

Section 1: Composition

  1. Boardof Directors:

The Boardof Directors (hereafter referred to as Board) shall consist of the President, President-Elect, Secretary, Treasurer, the Chief Delegate to the Association House of Delegates, the Chapter Representative to thePhysical Therapist Assistant (PTA) Caucusand one (1) Director.

  1. Officers: The officers shall be the President, President Elect, Secretary, and Treasurer.

Section 2. Meetings of the Board

A. Each member of the Board shall have one vote. The Board may invite other chapter members to

be liaisons to the Board meetings but such liaisons may not vote.

B. Four members of the Board shall constitute a quorum.

C. Advance notice shall be given (as in Article VI, Sec 3) to each Board member not less than forty-

eight (48) hours before the meeting is held.

D. The Board may authorize a vote by mail by the membership, should a decision on an issue be

required between meetings of the Chapter. At least 35 votes must be returned for a mail vote to

be valid, and a two-thirds (2/3's) vote is required for passage of a mail-vote issue.

Section 3: Qualifications

Only such members of the Chapter as are provided for in the Association Bylaws, Article IV, Section 2, Subparagraph B (3) b, who are members in good standing and who have consented to serve shall be eligible for election to office.

Section 4: Terms and Vacancies

A. Terms

(1)The officers and Director shall serve a term of two (2) years, or until the election of their successors.

(2) No officer shall serve more than two consecutive terms in the same office.

B. Vacancies

(1) The President-elect shall succeed to the office of the President (if the President

is unable to complete the term) for the unexpired term as well as the following term.

(2) Vacancies in any other office and of the Director shall be filled by appointment of the Board for the unexpired term, with the exception of the president-elect position, which shall be filled by a special election.

Section 5: Duties

A . The Board shall:

(1.) Conduct the business of the Chapter in the best interest of the Chapter,

(2.)Approve all bills over one hundred dollars ($100.00) that are not within budget, and all bills

over one thousand dollars ($1000.00) for payment,

(3) Carry out the mandates and policies of the Chapter as determined by the members,

(4) Hold a minimum of two (2) Board meetings each year called by the President or any

four (4) Board members, appoint the chairperson and members of all Chapter committees except the Nominating Committee,

(5) Bring before the membership in an appropriate manner communications fromthe Association

for applicableaction and/or information,

(6) Make a report at each Chapter meeting, and

(7) Take no action that is in conflict with Chapter or Association Bylaws.

B. Officers and Director:

(1) The President shall

a. preside at all meetings of the Chapter and the Board

b. serve as the official spokesperson (or designate a spokesperson) for the Chapter.

c. be an ex officio member of all Chapter committees except the Nominating

Committee and the Ethics Committee.

(2) The President Elect shall

a. assume the duties of the President in the absence or incapacitation of the

President.

b. succeed to the office of President, and

c. perform such other duties as assigned by the President or Board.

(3) The Secretary shall

a. record the proceedings of all meetings of the chapter and Board,

b. mail a copy of the minutes of each meeting to the President,

c. maintain a copy of the minutes of each meeting in the Secretary’s file.

d. prepare reports to the Association as required,

e. assume such other duties as assigned by the President or Board.

(4) The Treasurer shall

a. be the custodian of all the funds of the Chapter,

b. keep an itemized record of receipts and disbursements,

c. be authorized to pay bills under one thousand dollars ($1000.00)

without prior approval if the bills are for previously budgeted expensesor are not

within budget but are approved by the board.

d. pay bills of one thousand dollars ($1000.00) or more upon approval of the Board,

e. present a written report at each meeting of the Chapter and to the Board upon

request.

(5) The Director shall

a. Serve as a member of the Board,

b. Participate in planning and decision making for the Chapter,

ARTICLE VIII: COMMITTEES

Section 1: Finance Committee

A. Composition

(1)The Treasurer and three members of the Chapter appointed by the Board shall serve as

the Finance Committee.

(2) The appointment shall be made at the annual meeting.

(3) The Finance Committee shall serve for one year and may be re-appointed.

B. Duties

(1) The Finance Committee shall advise the Board on matters pertaining to financial needs,

growth and stability and investment policies,

and compliance with financial obligations to APTA.

(2)The appointed members of the Finance Committee should ensure that an audit is

preformedonthe Treasurer's books.

Section 2: Nominating Committee

A. Composition

(1) The Nominating Committee shall consist of four eligible members: one member shall be elected each year, at the Meeting, who shall serve a term of four years or until the election of his/her successor.

(2) The Chairshall be appointed by the Board.

(3) Any vacancies shall be filled by the Board until the next regular election at which time the vacant position shall be filled for the remainder of the term.

(4) Physical Therapist Assistant, Retired Physical Therapist Assistant, and Life Physical Therapist Assistant members may serve on the Chapter Nominating Committee.

B. Duties

(1)The Nominating Committee shall prepare a slate of one or more candidates from the

Chapter membership for each position to be elected, including a Physical Therapist Assistant for the Representative to the PTA Caucus.

Section 3: Ethics Committee

A. Composition

(1)The Ethics Committee shall be a three person committee, one person appointed annually by the Board immediately after the meeting.

(2)The individual with the most seniority in the committee shall serve as chairperson.

(3) The committee shall be charged with investigating any ethics complaints according to the Associations stated procedures.

B. Duties

(1) Enhance Chapter membership awareness of ethical conduct as set forth in the American Physical Therapy Code of Ethics and the Standards of Ethical Conduct of the Physical Therapist Assistant. These documents as they now exist or shall be amended or supplemented shall be binding upon the Chapter membership as though incorporated into these Bylaws.

(2) Process all reported violations of ethical principles and standards in accordance with the procedures as provided by the Procedural Document and Disciplinary Action of the Association.

(3) Carry out all other duties as may be requested by the Board.

Section 4: Such Other Committees

Standing or special committeesshall be appointed by the President, with the approval of the Board, as the Board or Chapter deems necessary to carry on the work of the Chapter.

ARTICLE IX: DELEGATES TO THE ASSOCIATION’S HOUSE OF DELEGATES

Section 1: Qualifications

A. The qualifications of delegates shall be as stated in the Associations bylaws.

B. A Chapter Delegate may not, in the same year, serve as a Section delegate.

C.The Chapter shall notify Association headquarters of the names of Chapter Delegates, as required by the

Association and the Standing Rules of the House of Delegates.

D.The Chapter must be represented in the House of Delegates at least every third year.

.F. The Chief Delegate shall have at least one year experience as a delegate before assuming the role of

Chief Delegate, and will be appointed by the Board.

Section 2: Election

A. Chief Delegate and Delegate(s):

(1) Delegates shall be elected to a four year term.

(2) Shall be elected in the number to which the Chapter is entitled as set forth by the Association.

(3) Elections will be held at the annual meeting every two yearswith terms to begin January 1 of the following year.(Our current chief delegate’s term will be extended for one year. At the end of that year, this bolded section for present chief delegate will expire.)

(4) An alternate delegate shall be appointed by the Board when the need arises.

(5)May be re-elected.

Section 3: Duties

A. The Chief Delegate shall:

(1) Attend all meetings of the annual and special meetingsof the Association House of

Delegates. They will present to the House of Delegates such matters as are ordered by

the Board of Directors and/or voting body. To vote at meeting of the House of Delegates

in accordance with instructions and/or policies of theChapter

(2) Investigate all information pertinent to the annual session of the Association House ofDelegates

(3) Present such information received from the Association to the Board for discussion and action.

(4) Be responsible for the total voting of Chapter Delegates during the Association House of Delegates session.

(5) Prepare a summary of action taken by the Association House of Delegates for publication in the Chapter newsletter.

(6) Report to the Chapter general membership at the Chapter meeting immediately following

the annual session of the Association House of Delegates any action taken during the session

of the House of Delegates.

B. Chapter delegate(s) shall:
(1) Attend all meetings of the annual session of the Association House ofDelegates,

(2) Present such matters to the Association House of Delegates as directed by the Board and/or Chapter voting body.

(3) To vote at meetings of the House of Delegates in accordance with instructions and/or policies of the Chapter.

ARTICLE X: REPRESENTATIVETO THE PHYSICAL THERAPIST ASSISTANT CAUCUS (PTA CAUCUS)

Section 1: Qualifications

A. The qualifications of the representative shall be as stated in the APTA Board policies and procedures.

B. The chapter shall notify the Association headquarters of the name of the Representative, as required by the Association.

Section 2: Election and Term

A. Chapter Representatives:

(1) Shall be elected to two-year terms and may be re-elected.

(2) Shall be elected in the number to which the Chapter is entitled as set forth bythePTA Caucus.

(3)Elections will be held at the fall meeting (when required) with terms to begin January 1 ofthe following year.

(4) An alternate representative shall be appointed by the Board when the need arises.

(5)Candidates for Chapter Representative(s) shall be nominated and elected only by a general chapter membership election of the PTA Caucus Representative.

Section 3: Duties

A. The Chapter Representative shall:

(1) Attend all meetings of the annual and special meetingsof the PTA Caucus.

(2) Investigate all information pertinent to the annual session of thePTA Caucus.

(3) Prepare a summary of action taken by thePTA Caucus for presentationat the nextBoard

meeting.

(4) Report to the Chapter general membership at the Chapter meeting immediately following the

annual session of thePTA Caucus any action taken during the session of the PTA Caucus.

(5) To present to the PTA Caucus such matters as are ordered by the Board of Directors

and/or voting body.

(6)To vote at meetings of the PTA Caucus in accordance with instructions and/or policies of the Chapter.

ARTICLE XI: ELECTIONS

Section 1: Elected Positions

Chapter positions to be elected are the President Elect, Secretary, Treasurer, Director, Chapter Delegate(s), Chapter Representative, and the Nominating Committee.

Section 2: Time of Elections

A. Annual meeting of the Chapter

(1)The President Elect and Secretary shall be elected at the annual meeting of the Chapter in

even-numbered years.

(2)The Treasurer and Director shall be elected in odd-numbered years.

(3) The Chapter Delegate(s) to the House of Delegates and the Chapter Representative to the PTA Caucusshall be elected by the conclusion of the annual meeting of the Chapter each year when required.

B. Regular meeting of the Chapter

The Nominating Committee shall be elected at the regular meeting of the Chapter.

Section 3: Election Procedure

A. Ballot

(1) Election shall be by ballot unless there is but one (1) nominee for the position being

elected when a voice vote may be called.

(2)Absentee ballots may be used if requested in writing thirty (30) days prior to the scheduled

election from the chairperson of the Nominating Committee.

(3) For election purposes only, absentee ballots shall count toward the quorum for the meeting.