Revised for edits 9-1-20 (Model Chapter Bylaw revisions, APTA Parliament edits suggested 9-1-20, SDAPTA BOD approved 9-15-20, membership notified 9-18-20, APTA Parliament approved/effective 3-10-2021); Amended/revised 5-12-20 (Addition Article XII Section 3E and Model Chapter Bylaw revisions, APTA parliament approved 5-12-20, SDAPTA BOD approved 7-16-20, membership approved 7-28-20, effective 1-1-21); Amended 11-19-19 (Article VI Section 4, APTA Parliament effective 3-6-20); Amended 1-29-16
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), hereinafter referred to as the Chapter, shall be a chapter of the American Physical Therapy Association, hereinafter referred to as the Association.
Section 2: Jurisdiction
The geographic jurisdiction of the Chapter shall coincide with the boundaries of the 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 stated in the Association Bylaws.
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
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 and a single Corresponding Student 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.
Physical Therapist Assistant, Retired Physical Therapist Assistant, and Life Physical Therapist Assistant shall have 1 vote at Chapter level.
Section 3: Admission to Membership
Admission to Chapter membership is by assignment by the Association’s Board 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 her membership 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
Individuals shall be reinstated to the Chapter membership in accordance with the Association's Standing Rules. The Chapter may not charge a reinstatement fee.
ARTICLE V: DISTRICTS AND SPECIAL INTEREST GROUPS
Section 1: Districts
(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 District or dissolution shall be in 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 the Chapter.
B. Any District the Chapter may create shall:
(1) Operate under Bylaws or rules of order that shall be consistent with Chapter or 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 be consistent 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:
A. Abide by Bylaws and policies of the Association and the Chapter.
B. 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 Chapter Board.
ARTICLE VI: MEETINGS
Section 1: Regular and Annual Meetings
The Chapter shall hold one regular meeting of the general membership in addition to the annual meeting in the Fall at such time and place as determined by the Chapter Board.
Section 2: Special Meeting(s)
Special meetings of the general membership may be called by the Chapter President, two (2) officers, or on written request of thirty-five (35) members.
Section 3: Notice of Meeting Requirements
Written notice to each member of the Chapter shall be provided not less than 30 days prior to a meeting stating place, date and time. In the case of a special meeting, the purpose for which the meeting is called will also be communicated.
Section 4: Quorum
Thirty-five (35) members present who are eligible to vote shall constitute a quorum. Members attending via videoconferencing will be acknowledged as participating members at the meeting and will be counted in the quorum. Additionally, these members maintain all the voting rights granted to any member in good standing attending the meeting in person.
Section 5: Reporting
All meeting minutes shall be submitted to the Association within 45 days after the date of the meeting.
ARTICLE VII: OFFICERS, BOARD OF DIRECTORS
Section 1: Composition
A. Board of Directors:
The Board of Directors (hereafter referred to as Chapter Board) shall consist of the President, President-Elect, Secretary, Treasurer, the Chief Delegate to the Association House of Delegates, the Chapter Representative to the Physical Therapist Assistant (PTA) Caucus and one (1) Director.
B. Officers: The officers shall be the President, President-Elect, Secretary, and Treasurer.
Section 2: Meetings of the Board
A. Each member of the Chapter Board shall have one vote. The Chapter Board may invite other chapter members to be liaisons to the Board meetings, but such liaisons may not vote.
B. Four members of the Chapter Board shall constitute a quorum.
C. Advance notice shall be given (as in Article VI, Sec 3) to each Chapter Board member not less than forty-eight (48) hours before the meeting is held.
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
(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.
(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 of any other office and of the Director shall be filled by appointment of the Chapter Board for the unexpired term, with the exception of the President-Elect position, which shall be filled by a special election held during a meeting.
Section 5: Duties
A. The Chapter 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 strategic plan of the Chapter as determined by the members,
(4) Hold a minimum of two (2) Chapter Board meetings each year called by the President or any four (4) Chapter 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 from the Association for applicable action 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 Chapter 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,
d. serve as a member of the Chapter Board,
e. participate in planning for the Chapter.
(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,
c. perform such other duties as assigned by the President or Chapter Board,
d. serve as a member of the Chapter Board,
e. participate in planning and decision making for the Chapter.
(3) The Secretary shall:
a. record the proceedings of all meetings of the Chapter and Chapter Board,
b. provide 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 Chapter Board,
f. serve as a member of the Chapter Board,
g. participate in planning and decision making for the Chapter.
(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 expenses or are not
within budget but are approved by the Chapter Board,
d. pay bills of one thousand dollars ($1000.00) or more upon approval of the Chapter Board,
e. present a written report at each meeting of the Chapter and to the Chapter Board upon
f. serve as a member of the Chapter Board,
g. participate in planning and decision making for the Chapter,
h. assume such other duties as assigned by the President or Chapter Board.
(5) The Director shall:
a. serve as a member of the Chapter Board,
b. participate in planning and decision making for the Chapter,
c. assume such other duties as assigned by the President or Chapter Board.
ARTICLE VIII: COMMITTEES
Section 1: Finance Committee
(1) The Treasurer and three members of the Chapter appointed by the Chapter Board shall serve as the Finance Committee.
(2) The appointment shall be made at the annual meeting in the Fall.
(3) The Finance Committee shall serve for one year and may be re-appointed.
(1) The Finance Committee shall advise the Chapter Board on matters pertaining to financial needs, growth, stability, investments, and compliance with financial obligations to the Association.
(2) The appointed members of the Finance Committee should ensure that an audit is performed on the Treasurer's books.
Section 2: Ethics Committee
(1) The Ethics Committee shall be a three-person committee, one person appointed annually by the Chapter Board at the annual meeting.
(2) The individual with the most seniority in the committee shall serve as Chairperson.
(1) The committee shall be charged with investigating any ethics complaints according to the Association’s stated procedures.
(2) Carry out all other duties as may be requested by the Chapter Board.
Section 3: Nominating Committee
(1) This committee shall consist of at least three eligible members elected by the Chapter. At least one member shall be elected each year, at the Annual Meeting, who shall serve a term of three years or until the election of his/her successor.
(2) The senior member of the committee shall serve as Chairperson.
(3) Any vacancies shall be filled by the Chapter Board until the next regular election at which time the vacant position shall be filled for the remainder of the term.
(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.
ARTICLE IX: DELEGATES TO THE ASSOCIATION’S HOUSE OF DELEGATES
Section 1: Qualifications
A. The qualifications of Delegates shall be as stated in the Association’s Bylaws.
B. A Chapter Delegate may not, in the same year, serve as a Section Delegate.
C. The Chapter shall notify the 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.
E. 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 Chapter Board.
Section 2: Election and Term
A. Chief Delegate and Chapter 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 years with terms to begin January 1 of the following year,
(4) An alternate Delegate shall be appointed by the Board when the need arises,
(5) May be re-elected.
Section 3: Duties of Delegates
A. The Chief Delegate shall:
(1) Attend all annual and special meetings of the House of Delegates of the Association. They will present to the House of Delegates such matters as are directed 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 the Chapter,
(2) Investigate all information pertinent to the annual session of the Association House of Delegates,
(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 annual and special meetings of the House of Delegates of the Association.
(2) Present such matters to the House of Delegates of the Association as directed by the Chapter Board and/or Chapter voting body,
(3) To vote at meetings of the House of Delegates in accordance with direction of the Chapter.
ARTICLE X: REPRESENTATIVE TO THE PHYSICAL THERAPIST ASSISTANT CAUCUS (PTA CAUCUS)
Section 1: Qualifications
A. The qualifications of the representative shall be as stated in the Association’s policies and procedures.
B. The Chapter shall notify the Association headquarters of the name of the Representative, as required by the Association.
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 by the PTA Caucus,
(3) Elections will be held at the annual meeting (when required),
(4) An alternate representative shall be appointed by the Chapter 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 of Representative
A. The Chapter Representative shall:
(1) Attend all meetings of the annual and special meetings of the PTA Caucus,
(2) Investigate all information pertinent to the annual session of the PTA Caucus,
(3) Prepare a summary of action taken by the PTA Caucus for presentation at the next Board meeting,
(4) Report to the Chapter general membership at the Chapter meeting immediately following the annual session of the PTA Caucus any action taken during the session of the PTA Caucus,
(5) To present to the PTA Caucus such matters as are directed by the Board of Directors and/or voting body,
(6) To vote at meetings of the PTA Caucus in accordance with direction of the Chapter.
ARTICLE XI: ELECTIONS
Chapter positions to be elected are the President-Elect, Secretary, Treasurer, Director, Chapter Delegate(s), Chapter Representative, and the Nominating Committee.
A. Annual meeting of the Chapter
(1) The President-Elect and Secretary shall be elected at the annual meeting of the Chapter in
(2) The Treasurer and Director shall be elected in odd-numbered years.
(3) The Chapter Delegate(s) to the House of Delegates and the PTA Caucus Representative shall be elected at the annual meeting of the Chapter each year when required.
(4) The Nominating Committee shall be elected at the annual meeting of the Chapter.
Section 3: Election Procedure
(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.
B. Counting the vote
(1) Tellers shall be appointed by the President, or presiding officer, for the purpose of counting the ballots.
(2) The nominee receiving the highest number of votes shall be declared elected.
(3) In the event of a tie, re-balloting by those members present at the meeting shall be held to determine the election.
C. Results of election shall be reported to the Association within forty-five (45) days.
ARTICLE XII: FINANCE
Section 1: Fiscal Year
The fiscal year of the Chapter shall be the same as that of the Association, January 1 through December 31.
Section 2: Limitation of 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 Chapter's Board of Directors. The Board of Directors shall not commit the Chapter to any financial obligation in excess of its current financial resources.
Section 3: Dues
A. Chapter dues shall be as follows:
(1) Dues Categories
a. Physical Therapist: $100.00
b. Physical Therapist – Post-Professional Student: $25.00
c. Physical Therapist Assistant: $40.00
d. Life Physical Therapist: $0
e. Life Physical Therapist Assistant: $0
f. Student Physical Therapist and Student Physical Therapist Assistant: $25.00
g. Retired Physical Therapist: $0
h. Retired Physical Therapist Assistant: $0
i. Corresponding: $25.00
j. Corresponding Student: $0
B. Student Physical Therapist and Student Physical Therapist Assistant member dues are for 12 months from the time of renewal or join date. As of the last day of the graduation month, the Student Physical Therapist or Student Physical Therapist Assistant member automatically converts to the Physical Therapist or Physical Therapist Assistant member category for the remainder of the 12 months of membership. Once the membership remainder expires, these new Physical Therapist and Physical Therapist Assistant members are eligible for one year of membership at 50% of the Association and chapter dues rate for a Physical Therapist or Physical Therapist Assistant member.
C. All dues shall be for the period specified in the Association Bylaws and shall be payable following the Association’s schedule.
D. All dues changes approved by the Chapter membership and approved by the Association’s Board of Directors before the Association’s deadline will become effective on the first of the Association’s next fiscal year.
E. The Board of Directors may offer reduced rates for Chapter dues as an incentive to promote membership.
Section 4: Reporting
The Chapter shall submit its annual financial statements, tax returns, and audit report to the Association when and as directed by the Association.
ARTICLE XIII: DISSOLUTION
Section 1: Dissolution of the Chapter
The Chapter may dissolve subject to a recommendation to dissolve supported by no less than a three-fourths of the Board and (3/4) vote of the Chapter voting body.
Section 2: Assets and Records
In the event that the Chapter shall be dissolved for any reason it shall:
A. Use its net assets to satisfy all financial obligations and liabilities.
B. Transfer or convey any records or any other assets to the Association.
ARTICLE XIV: PARLIAMENTARY AUTHORITY
The rules contained in the current edition of Robert's Rules of Order Newly Revised shall govern the Chapter in all cases which they are applicable and in which they are not inconsistent with these Bylaws and any special rules of order adopted by the Chapter.
ARTICLE XV: AMENDMENTS
Section 1: With Notice
These Bylaws may be amended by a two-thirds (2/3) vote at any meeting of the Chapter provided the proposed amendment has been sent to the Members of the Chapter thirty (30) days prior to that meeting.
Section 2: Without Notice
These Bylaws may be amended without previous notice only by a unanimous vote at any meeting of the Chapter.
Section 3: Approval Procedure
Amendments to the Chapter Bylaws shall become effective upon approval in writing by the Association's Board of Directors except that changes in Chapter dues shall become effective on the first day of the Chapter's next fiscal year following approval.
Section 4: Editorial and Agreement Changes
If the intent of an amendment is editorial or to bring the Chapter’s Bylaws into agreement with those of the Association, the amendment shall be made as required by the Chapter President and shared with the Board of Directors. The Chapter President shall notify the Chapter’s membership that such amendments have been made.
ARTICLE XVI: ASSOCIATION AS HIGHER AUTHORITY
In addition to these Bylaws, the Chapter is governed by the Association Bylaws and Standing Rules and by Association House of Delegates and Board of Directors policies.
The undersigned hereby certifies that the foregoing Bylaws were duly adopted as the Bylaws of South Dakota Physical Therapy Association on the 15th day of September 2020.
SDAPTA Bylaws Chair
Article I Name and Relationship to American Physical Therapy Association
Article II Object
Article III Functions
Article IV Membership
Article V Districts & Special Interest Groups
Article VI Meetings
Article VII Officers, Board of Directors
Article VIII Committees
Article IX Delegates to the Association’s House of Delegates
Article X Representative(s) to the Physical Therapist Assistant Caucus (PTA Caucus)
Article XI Elections
Article XII Finance
Article XIII Dissolution
Article XIV Parliamentary Authority
Article XV Amendments
Article XVI Association as Higher Authority