Standing rules of the American Physical Therapy Association. (Association Business).

Adopted June 1987; amended June of each year, 1998-1994, 1996; May 1997; and June 1998, 1999.

1. CHAPTER ASSIGNMENT

A member may request specific chapter assignment or reassignment when:

A. Applying for membership.

B. Renewing membership.

C. Submitting change-of-address notification.

2. GOOD STANDING

A. Ethical principles and standards shall be:

1) As described for the physical therapist in the Code of Ethics.

2) As described for the physical therapist assistant in Standards of Ethical Conduct for the Physical Therapist Assistant.

B. Documents that interpret the ethical principles and standards shall be:

1) For the physical therapist: Guide for Professional Conduct.

2) For the physical therapist assistant: Guide for Conduct of the Affiliate Member.

3. PROCEDURE FOR REINSTATEMENT

A member:

A. Whose membership has been revoked for nonpayment of dues or who has resigned, provided that no complaint or charge of violation of the ethical principles or standards of the Association was pending at the time of resignation, may be reinstated to membership by payment of all dues for the current year.

B. Who resigned while a complaint or charge of violation of ethical principles or standards of the Association was pending may be reinstated to membership by payment of all dues for the current year and by reinstitution of the previously pending complaint or charge.

C. Whose membership was revoked for any cause other than resignation or nonpayment of dues may be reinstated to membership by payment of all dues and if the Board of Directors finds that circumstances occurring after membership revocation warrant reinstatement and that the reinstatement would not be prejudicial to the Association's Object and Functions or ethical principles or standards.

4. FORMATION OF A CHAPTER

The Board of Directors may issue a charter establishing a chapter provided that:

A. For the formation of a new chapter, a petition is submitted to the Board of Directors signed by at least three fourths of the active, life, and graduate student members within the area of the proposed chapter.

B. For the merger of chapters, a petition is submitted to the Board of Directors signed by at least three fourths of the members of the Board of Directors of each existing chapter.

C. No charter shall be issued that would establish a chapter within the territorial jurisdiction of an existing chapter unless, in the opinion of the Board of Directors and after consultation with the existing chapter, a compelling reason for the formation of a new chapter is found.

5. CHAPTER CHARTERS

All charters issued by the Association shall include the following:

A. The name of the chapter, which shall include the name of the geographical area over which the chapter shall have territorial jurisdiction.

B. The territorial jurisdiction of the chapter, which must coincide with or be confined within the legally constituted boundaries of a state, territory, or commonwealth of the United States or the District of Columbia.

C. A statement that the chapter is governed in all respects by the Association Bylaws.

6. PROCEDURES FOR SECTION FORMATION

A. Petition

A petition shall be received, before January 1 of the year in which it is to be considered, by the Board of Directors for review and recommendation for approval/ disapproval. The petition shall include:

1) A detailed statement of purpose and rationale showing that the proposed section is unique, pertains to physical therapy, and cannot have its members' interests served through an existing section.

2) Evidence that all existing APTA sections have been notified and have verified that the interests of individuals represented by the proposed section cannot be served through existing sections and that it has been recommended by the Committee on Sections.

3) Legible signatures, chapter assignments, membership numbers, and addresses of at least 200 members in good standing, representing no fewer than 27 chapters.

4) Evidence that each petitioner intends to join the proposed section.

5) A detailed first-year budget, a preliminary program for the Combined Sections Meeting, and evidence of dialogue between the petitioning group and a majority of existing sections.

B. Approval

1) If approval has been recommended by a majority vote of the Board of Directors, a motion for approval of the section shall be presented to the House of Delegates.

2) A majority vote of the House of Delegates is required for final approval of the section.

C. Merging of Sections

Sections may petition to merge when the following is provided:

1) Evidence of approval by a two-thirds vote of the sections' members voting in a referendum on the question to merge.

2) A petition signed by at least three fourths of the members of the governing bodies of the merging sections.

3) A support statement accompanies the petition.

These materials must be received by the Board of Directors for review before January 1 of the year in which the merger is considered. The petition, with the Board of Directors recommendations, shall be presented to the House of Delegates for approval.

7. PROCEDURES FOR ASSEMBLY FORMATION

A. Petition

A petition shall be received before January 1 of the year in which it is to be considered by the Board of Directors for review and recommendation for approval/disapproval. The petition shall include:

1) A detailed statement of purpose and rationale showing that the proposed assembly is unique, pertains to physical therapy, and cannot have its members' interests served through an existing means.

2) Proposed bylaws and a statement showing that they have been reviewed by the Association's component parliamentarian and that they are not in conflict with Association Bylaws.

3) Legible signatures, chapter assignments, membership numbers, and addresses of at least 3% of members in good standing in that category, representing no fewer than 27 chapters. Exception: Student and student affiliate members may combine to form one assembly.

4) Evidence that each petitioner intends to join the proposed Assembly.

B. Approval

1) If approval has been recommended by a majority vote of the Board of Directors, a motion for approval of the Assembly shall be presented to the House of Delegates.

2) A majority vote of the House of Delegates is required for final approval of the Assembly.

8. PROCEDURES FOR COUNCIL FORMATION

A. A petition shall be submitted to the Board of Directors. The petition shall include:

1) A detailed statement of purpose and rationale showing that the proposed council is unique and provides a unique service to the Association and/or the physical therapy profession.

2) Legible signatures; membership numbers, when applicable; and addresses representing three fourths of the membership of the group proposing to form a council.

3) Evidence that each petitioner intends to join the proposed council.

9. COMPONENT DELEGATES

All components shall provide Association headquarters with the names, postal addresses, telephone numbers, all addresses for electronic telecommunications, and terms of its delegates, chief delegates, and alternate delegates no later than January 1 of each year, with additions and changes sent within 2 weeks of their selection. Those components whose delegates have terms of office shall confirm the information on file at Association headquarters no later than January 1 each year.

10. DELEGATE CREDENTIALS

A. Component Delegates: Chapter delegate credentials shall be signed by the chapter president or the chapter chief delegate; section or assembly delegate credentials shall be signed by the section on assembly president. The designation of chief delegate shall be indicated on the appropriate chapter credential.

11. MAIL BALLOT

When the Board of Directors determines to conduct a mail ballot, according to Article VII, Section 5, C. 2 of the Bylaws, a ballot shall be prepared and distributed as follows:

A. The question to be decided and appropriate supporting information shall be provided with the ballot.

B. Instructions for completing and returning the ballot shall be printed on the ballot.

C. The deadline for receipt of ballots at the Association's headquarters shall be printed on the ballot, and this deadline shall be no fewer than 30 days after the date mailed to the delegates.

D. An addressed envelope (to the Association's headquarters) and a plain envelope shall be included in the mailing.

E. The ballots shall be mailed by first-class mail to each chapter delegate.

F. The delegate shall place the completed ballot in the plain envelope, place the plain envelope in the envelope addressed to the Association's headquarters, sign the outside envelope, and mail it to Association headquarters.

G. The Officers of the House of Delegates shall be responsible for opening and counting the returned ballots and preparing a report of the results of the vote.

12. ELECTIONS: TELLER'S REPORTS

A. The teller's report to the House of Delegates shall include, for each position to be filled:

1) The number eligible to vote.

2) The number of votes cast.

3) The number of votes necessary for election (for officers).

4) The number of votes cast for each eligible candidate.

5) The number of illegal votes, and the reason therefore.

13. VACANCIES: OFFICERS AND DIRECTORS

A. If a vacancy occurs within the first year of a 3-year term, the Nominating Committee shall select a candidate(s) for election at the next annual session of the House of Delegates; the elected person shall serve for the remaining 2 years of the term.

B. If a vacancy occurs after the first year of a 3-year term, the vacancy shall be filled by appointment by the Board of Directors.

C. When a vacancy may occur in the position of Director as a result of elections, the Nominating Committee shall take this into consideration and place an adequate number of candidates on the slate to fill the vacancy. The Officers of the House of Delegates shall determine whether the voting to fill the vacancy shall be at the time of the scheduled election or by separate election.

14. REFERENCE COMMITTEE

A. The committee shall receive and correlate motions and resolutions to be presented to the House of Delegates and shall identify motions that fall outside the Object or Functions of the Association. The committee shall provide advice and counsel regarding form, wording, and method of presentation of matters to be presented to the House.

B. All main motions and resolutions, except for procedural motions presented for action by the House of Delegates, shall be referred to the Reference Committee unless this rule is suspended in any particular case by a majority vote of the House of Delegates.

C. Members of the committee other than the Speaker of the House of Delegates shall be seated in the House of Delegates and may reply to inquiries directed to the committee by the Speaker of the House.

15. DEADLINE FOR MAIN MOTIONS

All main motions to be considered by the House of Delegates shall be submitted in writing to APTA headquarters by a date set by the Speaker of the House of Delegates, which shall be at least 2 months and no more than 3 months prior to the date of the House of Delegates meeting. Any main motion which has not been so submitted shall require a majority vote, without debate, to be considered by the House.

16. FORMULA FOR DETERMINING THE SIZE OF THE HOUSE OF DELEGATES

1) Add the number of active and life members and one-half of the number of affiliate and life affiliate members of the Asociation who are assigned to chapters as of June 30 of the year preceding the House of Delegates in which they will serve.

2) Divide the total found in Step 1 by 400. This shall be the apportionment number.

3) Divide the total number of active and life members and one half of the number of affiliate and life affiliate members for each chapter by the apportionment number.

4) Chapters shall be allowed one delegate for each whole number and one additional delegate for any remainder equaling or exceeding 50 percent of the apportionment number.

5) Any chapter that would be entitled to fewer than two delegates according to the above shall be allowed two delegates.

17. CONSENT CALENDAR

A. The Officers of the House of Delegates shall prepare a list of recommended motions to be considered for placement on the consent calendar that will be distributed with the first packet of motions.

B. The final consent calendar will be prepared by the Officers of the House of Delegates for presentation to chief, section, and assembly delegates prior to the first meeting of the House of Delegates. A motion shall be removed from the consent calendar prior to the first meeting of the House of Delegates at the request of five chief delegates.

C. Motions may be removed from the consent calendar by the Officers of the House of Delegates, or following the opening of the House of Delegates by a vote of one third of the voting body of the House of Delegates.

D. Editorial changes to motions on the consent calendar may be made by the Secretary in consultation with the Speaker of the House and with notification of the chief delegates. Motions requiring substantive changes shall be removed from the consent calendar.

E. If a motion is removed from the consent calendar, it shall be placed appropriately in the order of business previously assigned by the Speaker of the House and the Chair of the Reference Committee.

F. The consent calendar shall be presented for adoption in a single motion.

Section 5: Conduct of Business

A. Officers of the House of Delegates

1) The officers shall be the Speaker of the House of Delegates, the Vice Speaker of the House of Delegates, and the Secretary.

2) The officers shall be responsible for registering delegates, transferring voting privileges, preparing rules of order and an agenda for the consideration of the House of Delegates, recording and reporting the proceedings, appointing a committee to approve the minutes, making appointments to the Reference Committee, conducting elections, making editorial changes to the Bylaws and Standing Rules, and performing other duties as determined by these Bylaws or the Standing Rules.

B. Quorum

Delegates representing one third of the chapters and numbering one third of the total number of chapter votes that could be cast if all delegates from all chapters were present shall constitute a quorum.

C. Voting

1) Voting on motions and resolutions in the House may be by voice, show of hands, standing, roll call, or use of electronic equipment.

2) If a decision must be made during the interval between annual sessions, a majority vote of the Board of Directors may determine that the chapter delegates be polled by mail. These delegates shall be those registered at the immediately preceding session of the House of Delegates. If the delegate is no longer a member of the chapter or holds membership in a category other than that held when the delegate registered at the immediately preceding session of the House of Delegates or for any other reason no longer meets the qualifications for delegate, an alternate delegate shall be named by that chapter. At least 50 percent of the ballots of the eligible delegates must be returned to validate the vote.

3) Election of officers, directors, and members of the Nominating Committee shall be by ballot or use of electronic equipment. Officers shall be elected by a majority of the votes cast. Directors and members of the Nominating Committee shall be elected by a plurality of the votes cast. If the vote fails to determine election, reballoting shall be conducted under procedures determined by the Officers of the House of Delegates.

D. Memorials and Resolutions

Only memorials or resolutions adopted by the House of Delegates can be issued validly in the name of the Association.

ARTICLE VIII. BOARD OF DIRECTORS OF THE AMERICAN PHYSICAL THERAPY ASSOCIATION

Section 1: Composition

A. Board of Directors of the American Physical Therapy Association The six officers of the Association together with nine directors shall constitute the Board of Directors.

B. Executive Committee

The Executive Committee shall consist of the President, Vice President, Secretary, Treasurer, and one of the nine directors. This fifth member shall be elected to the Executive Committee annually by members of the Board of Directors who are not members of the Executive Committee.

Section 2: Qualifications

Only active members of the Association can serve, and they are eligible to serve if they have:

A. Been active members in good standing for at least 5 years immediately preceding their election or appointment, and

B. Consented to serve.

Section 3: Officers

The officers of the Association shall be the President, Vice President, Secretary, Treasurer, Speaker of the House of Delegates, and Vice Speaker of the House of Delegates.

A. President

The President shall preside at all meetings of the Board of Directors and of the Executive Committee and shall be an ex officio member of all committees appointed by the Board of Directors except the Ethics and Judicial Committee. Only the President or his designee shall serve as the official spokesman of the Association.

B. Vice President

The Vice President shall assume the duties of the President in the absence or incapacitation of the President. In the event of a vacancy in the office of President, the Vice President shall succeed to the Presidency for the unexpired portion of the term, and the office of Vice President shall be declared vacant.

C. Secretary

The Secretary shall be responsible for keeping the minutes of the proceedings of the House of Delegates, of the Board of Directors, and of the Executive Committee; for making a report in writing to the House of Delegates at each annual session and to the Board of Directors on request; and for preparing a summary of the proceedings of the House of Delegates for publication as soon as practicable after the session. The Secretary shall also serve as an officer of the House of Delegates.

D. Treasurer

The Treasurer shall be responsible for reporting in writing on the financial status of the Association to the House of Delegates and to the Board of Directors on request. The Treasurer shall also serve as a member of the Finance Committee.

E. Speaker of the House of Delegates

The Speaker of the House of Delegates shall preside at sessions of the House of Delegates, be an ex officio member of the Reference Committee, and serve as an officer of the House of Delegates.

F. Vice Speaker of the House of Delegates

The Vice Speaker of the House of Delegates shall act as an officer of the House of Delegates and shall assume the duties of the Speaker of the House of Delegates in the absence or incapacitation of the Speaker. In the event of a vacancy in the office of Speaker of the House of Delegates, the Vice Speaker shall succeed to the office of Speaker for the unexpired portion of the term, and the office of the Vice Speaker of the House of Delegates shall be declared vacant.

Section 4: Tenure

A. Members of the Board of Directors shall assume office at the close of the annual session of the House of Delegates at which they were elected.

B. The term of office of each member of the Board of Directors shall be 3 years or until their successors are elected.

C. No member shall serve more than three complete consecutive terms on the Board of Directors or more than two complete consecutive terms in the same office.

D. A complete term for a member of the Board of Directors shall be defined as 3 years.

E. Vacancies

In the event that a position on the Board of Directors becomes vacant, the vacancy shall be filled in the manner prescribed in the Standing Rules. (Exceptions: President and Speaker of the House of Delegates.)

Section 5: Duties

The Board of Directors shall, in addition to the duties otherwise imposed by these Bylaws and the Standing Rules:

A. Carry out the mandates and policies of the Association as determined by the House of Delegates. Between sessions of the House of Delegates, the Board of Directors may make and enforce such policy on behalf of the Association as is not inconsistent with the mandates and policies determined by the House of Delegates.

B. Direct all business and financial affairs for and on behalf of the Association, be responsible for all of its property and funds, and provide for an annual audit by a certified public accountant.

C. Foster the growth and development of the Association.

D. Provide for the maintenance of a headquarters of the Association and assume responsibility for personnel policies.

E. Appoint and employ an Chief Executive Officer who shall be the administrator of the headquarters and who shall be responsible to the Board of Directors.

F. Provide for bonding of all persons handling money or other property of the Association.

G. Prescribe and publish with these Bylaws the qualifications for each category of individual membership and provide for appropriate action on all applications for membership.

H. Be responsible for filling vacancies on the Board of Directors and on committees, except as otherwise provided in these Bylaws and in the Standing Rules.

I. Be responsible for creation, appointment, purposes, and activities of such committees as it deems necessary.

J. Be responsible for the creation of and facilitation of activities of such councils as it deems necessary.

K. Be responsible for the program, time, and place of the annual conference of the Association.

L. Be responsible for publication of the official journal of the Association.

M. Provide for development and maintenance of procedural documents related to these Bylaws.

N. Approve the procedure by which reported violations of the ethical principles and standards of the Association are to be processed.

O. Review and revise existing Association policies, except in these Bylaws, for consistency of intent and language with such new policies as may be adopted from time to time by the House of Delegates.

Section 6: Conduct of Business

A. Board of Directors

The Board of Directors shall meet not less than once a year. Ten members shall constitute a quorum. The President may call a special meeting of the Board of Directors and must call a special meeting on written request of 10 members of the Board. Notice of all meetings shall be sent to all members of the Board of Directors not later than 10 days before the date fixed for the meeting. This notice may be made by mail or any telecommunications method, including but not limited to fax and e-mail transmissions which must ensure the timely receipt of the notice and may ensure verifiable receipt of the notice by the intended recipients. When a decision is needed between meetings of the Board of Directors, voting may be conducted by mail or fax.

B. Executive Committee

The Executive Committee shall meet not less than twice a year and shall exercise the power of the Board of Directors between its meetings. Three members shall constitute a quorum. The President may call a special meeting of the Executive Committee and must call a special meeting on request of three members of the Committee. Notice of all meetings shall be given to all members of the Executive Committee not later than 5 days before the date fixed for the meeting.

ARTICLE IX. COMMITTEES AND COUNCILS

Section 1: Committees of the Association

Besides such other committees as shall be created by the Board of Directors, the Board shall appoint the following:

A. Finance Committee

This committee shall consist of at least 5 members, one of whom shall be the Treasurer, and each member other than the Treasurer shall serve a term of 4 years. At least 1 member shall be appointed annually. This committee shall advise the Board of Directors on matters pertaining to the Association's financial needs, growth, and stability based on periodic review of income, expenditure, and investments. The committee shall present an annual budget to the Board of Directors.

B. Ethics and Judicial Committee

This committee shall consist of at least 5 members, and each member shall serve a term of 5 years. At least 1 member shall be appointed annually. No member shall be appointed to successive complete terms. This committee shall:

1) Interpret the ethical principles and standards of the Association.

2) Propose revisions of the ethical principles and standards of the Association and the procedural document on disciplinary action of the Association.

3) Make revision to the documents that interpret the ethical principles and standards of the Association and disseminate these documents for the management of judicial affairs.

4) Promote activities for the dissemination of information on ethics.

5) Process reported violations of ethical principles and standards in accordance with approved procedures.

6) Make final decisions in disciplinary proceedings against a member, subject only to appeal to the Board of Directors by the member.

7) Carry out other duties as may be requested by the Board of Directors.

Section 2: Committees of the House of Delegates

A. Nominating Committee

1) This committee, elected by the House of Delegates, shall consist of 5 active members of the Association who have:

a. Been active members in good standing for at least 5 years immediately preceding their election or appointment, and

b. Consented to serve.

2) Members shall serve 3-year terms or until their successors are elected. The terms of 2 members shall expire each year except that every third year the term of only one member shall expire. No member shall be elected to successive complete terms.

3) The chair shall be elected by the committee and shall serve until the successor assumes office.

4) Vacancies on this committee shall be filled by appointment by the Nominating Committee until the next session of the House of Delegates, when an election shall be held to fill the unexpired portion of the term.

5) This committee shall, in addition to the duties otherwise directed by the House of Delegates:

a. Prepare a slate of at least 2 candidates, if possible, for each position from those consenting to serve, if elected, for officers and directors and for members of the Nominating Committee. This slate of candidates shall be published and distributed to the members as soon as available, but no later than three months before the annual session.

b. Foster activities that maintain and promote a pool of nominees.

6) On petition of 5 chapters, a qualified consenting member shall be placed in nomination for a position as an officer or director or as a member of the Nominating Committee. Such a petition must be filed with the officers of the House of Delegates no later than 45 days after the slate of candidates prepared by the Nominating Committee has been published and distributed to members. A candidate nominated by petition shall be afforded similar opportunities for publication of candidacy to the membership as those afforded a candidate nominated by the Nominating Committee, except that this individual shall be identified as nominated by petition.

7) When nominations are presented to the House of Delegates, nominations from the floor for any position shall be in order.

B. Reference Committee

1) This committee shall consist of at least three active members appointed by the officers of the House of Delegates. The Speaker of the House of Delegates shall serve as an ex officio member.

2) Members shall serve 3-year terms with at least one member being appointed each year.

C. Special Committees

The House may create and appoint such special committees as it deems necessary.

Section 3: Councils

The Board of Directors may establish a council as prescribed in the Standing Rules.

ARTICLE X. FINANCE

Section 1: Fiscal Year

The fiscal year of the Association is from January 1 through December 31. The fiscal year of components may be either January 1 through December 31 or July 1 through June 30.

Section 2: Limitation on Expenditures

No officer, employee, or committee shall expend any money not provided in the budget as adopted or spend any money in excess of the budget allotment except by order of the Board of Directors. The Board shall not commit the Association to any financial obligation in excess of its current financial resources.

Section 3: Dues

A. The dues for each membership category shall be:

1) Active member: $245. Active members who meet the qualifications of graduate student as prescribed by the Board of Directors: $150.

2) Life and life affiliate members: no dues.

3) Affiliate member: $166 in 1999 and 2000, and $171 in 2001 and thereafter.

4) Student and student affiliate member: $50.

5) Honorary member: no dues.

6) Catherine Worthingham Fellow of the APTA: no dues other than those payable for continuing membership in another category.

7) Association and chapter dues for student or student affiliate members applying for active or affiliate membership within 120 days of graduation shall be one third the regular active or affiliate membership dues for the first year, two thirds of the regular active or affiliate membership dues for the second year, and full dues beginning the third year, according to procedures established by the Board of Directors.

B. All dues shall be for 12 months of membership, except for student and student affiliate members, whose dues shall be for 12 months or until they no longer qualify for those categories of membership, whichever occurs first.

C. On a one-time-only basis, a member may pay for less than 12 months of membership in order to change the due date for all future dues payments. The member must simultaneously pay component dues for the same number of months.

D. Dues Changes

All dues changes passed by the House of Delegates shall become effective on the first of the Association's fiscal year following the House of Delegates' action, and the new dues shall apply to the members at the time of individual renewal.

E. The Board of Directors may waive in whole or in part in extreme circumstances the annual national dues and annual component dues of an eligible member.

ARTICLE XI. OFFICIAL PUBLICATION

Physical Therapy shall be the official Journal of the Association.

ARTICLE XII. PARLIAMENTARY AUTHORITY

The rules contained in the current edition of Robert's Rules of Order Newly Revised shall govern the Association and all components in all cases to which they are applicable and in which they are not inconsistent with these bylaws, the Standing Rules of the Association, and any special rules of order adopted by the Association or its components.

ARTICLE XIII. AMENDMENTS

These Bylaws may be amended at the annual session of the House of Delegates during even-numbered years by the affirmative vote of at least two thirds of the chapter delegates present and voting or at any special session of the House of Delegates or the annual session of the House of Delegates during uneven-numbered years by the consent to consider of three fourths of the chapter delegates present and voting and by the affirmative vote of at least two thirds of the chapter delegates present and voting, providing the following:

A. Any proposed amendment has been submitted in writing to the Association's headquarters by a date set by the Speaker of the House of Delegates, which shall be at least 4 months but no more than 5 months before the session of the House of Delegates.

B. Copies of all proposed amendments have been printed in an Association publication or mailed to all Association members at least 2 months before the session of the House of Delegates.