KANSAS OCCUPATIONAL THERAPY ASSOCIATION BYLAWS Effective April 28, 2011

KANSAS OCCUPATIONAL THERAPY ASSOCIATION BYLAWS Effective April 28, 2011 TABLE OF CONTENTS ARTICLE CONTENT PAGE Article I: NAME /PUBLICATIONS/BOUNDARIES 2 Article II: OBJECTIVES 2 Article III: MEMBERSHIP 2-5 Article IV: MEETINGS OF MEMBERS 5 Article V: EXECUTIVE BOARD 5-7 Article VI: DUTIES OF EXECUTIVE BOARD 7-12 Article VII: APPOINTED OFFICERS 12-13 Article VIII: DUTIES OF APPOINTED OFFICERS 13-16 Article IX: AOTA REPRESENTATIVE ASSEMBLY DELEGATE 16-17 Article X: BOARD OF DIRECTORS 17-19 Article XI: OTHER COMMITTEES 19-20 Article XII: SPECIAL COMMITTEES, COMMISSIONS, TASK FORCES, LIAISONS 20-21 Article XIII: DISTRICT ORGANIZATION 21-23 Article XIV: DISTRICT OFFICERS 23-24 Article XV: DUTIES OF DISTRICT OFFICERS 24-26 Article XVI: DISTRICT COMMITTEES 26 Article XVII: ETHICS 26 Article XVIII: FISCAL YEAR 26 Article XIX: PARLIAMENTARY AUTHORITY 26 Article XX: DISSOLUTION CLAUSE 27 Article XXI: AMENDMENT OF BYLAWS 27 1

ARTICLE I NAME, PUBLICATIONS, BOUNDARIES 1.1 Name The name of this Association shall be the KANSAS OCCUPATIONAL THERAPY ASSOCIATION, hereinafter referred to as KOTA. 1.1.1 This Association shall operate as an affiliate of the American Occupational Therapy Association hereafter referred to as the AOTA, compliant with the rules and regulations set forth by the Bylaws of the AOTA. 1.2 Publication The official publication of the Association shall be a newsletter. 1.3 Geographical Boundaries The Kansas Occupational Therapy Association shall encompass the geographical boundaries of the State of Kansas and the Greater Kansas City Metropolitan Area. ARTICLE II OBJECTIVES 2.1 The objectives of the Association shall be: a) Improve and advance the practice of occupational therapy. b) Improve and advance the education and qualifications of occupational therapists and occupational therapy assistants. c) Maintain accepted standards of professional performance in occupational therapy. d) Foster research and the study of occupational therapy e) Engage in other activities to further the dissemination of knowledge of the practice of occupational therapy. ARTICLE III MEMBERSHIP 3.1 Member in good standing: a) A member in good standing is a person whose dues are currently paid. 1. Shall maintain good standing with Kansas State Board of Healing Arts and the Regulations and Statutes pertaining to Occupational Therapy. 2. Shall be automatically dropped from membership if fees are not paid by the renewal date. 3. Full membership shall be reinstated upon payment of any dues owed which are not current. b) Rights and Privileges: 1. Shall have full membership privileges as outlined in Section 3.2.5 of these Bylaws. c) Membership Fees. The Board shall determine the annual fees for all classes of membership. d) Membership Year. The membership year commences annually at the beginning of the fiscal year April 1. 3.1.1 Occupational Therapist, hereinafter referred to as OT, and Occupational Therapy Assistant, hereinafter referred to as OTA: one who holds a current, valid license issued by the State of Kansas to practice occupational therapy. a) Rights and Privileges: 1. May vote in the affairs of KOTA. 2. May hold any office or chair for which he or she is eligible. 2

3. May serve on committees and be appointed committee chair. 4. Shall receive publications of KOTA. 5. Shall have reduced rate for attendance to KOTA sponsored Continuing Education events when that rate is offered. 3.2 Membership Categories: 3.2.1 Occupational Therapy Student, hereinafter referred to as OTS: A person who is enrolled in an accredited OT or OTA program in the State of Kansas, or where the program s accreditation is pending. Membership as an OTS extends until successful completion of the certification examination. In determining membership status, those qualified as an OT or OTA and who are engaged in advanced or continuing education are not classified as students. b) Rights and Privileges: 1. May vote in the affairs of KOTA. 2. Is not eligible to hold elected office. 3. May serve on committees, except as chair, unless a student committee is formed. 4. Shall receive publications of KOTA. 3.2.2 Retired: A person of retirement age of 65 or older who is no longer providing OT services a) Rights and Privileges: 1. Shall have full membership privileges as outlined in Section 3.1 of these Bylaws 2. Shall not be required to maintain a current valid license to practice OT in the State of Kansas. 3.2.3 Disabled: A person who is disabled and unable to provide OT services for a period longer than one year. a) Rights and Privileges: 1. Shall have full membership privileges as outlined in Section 3.1 of these Bylaws 2. Shall not be required to maintain a current valid license to practice OT in the State of Kansas 3.2.4 Honorary Life: An OT or OTA who has been recognized by a vote of the Board of Directors, also known as the Board, as having performed distinguished services in or for occupational therapy may be granted honorary membership for life. b) Rights and Privileges: 1. Shall have full membership privileges as outlined in Section 3.1 of these Bylaws. 2. Shall not be required to maintain a current, valid license to practice OT in the State of Kansas. 3. Shall have membership dues waived. 3.2.5 Organization, Corporation, or Associate: An individual or group of individuals or entity who are interested in promoting occupational therapy but not eligible for membership under another category of 3.1.1 through 3.2.4. a) Rights and Privileges: 1. Receives special rates on advertising, exhibit tables at conference, mailing labels and other assistance in communicating with KOTA members. 2. Receives free KOTA publications. 3. Receives other benefits as KOTA may from time to time offer to members. 4. May serve on committees or councils, but not as the chairperson. 5. May not vote in the affairs of KOTA. 6. Is not eligible to hold elected office. 3

3.3 Membership Fees: 3.3.1 Sustaining and President s Club Members a) In addition to the basic classification for membership, the Board of Directors of KOTA acknowledges that KOTA shall provide membership recognition for 1. Sustaining member. This individual supports the activities of KOTA by paying dues in the amount of one and one-half times the membership fee. 2. President s Club member. This individual supports and sustains the activities of KOTA by paying dues in the amount of twice the membership fee. 3. A list of Sustaining Members and President s Club Members shall be published annually in an official publication of KOTA. 3.3.2 Reduction of Membership Fees Individuals designated as Retired members may maintain good standing by paying dues at one half of the amount appropriate to classification of membership. 3.3.3 Waiver of Membership Fees a) KOTA has the option of waiving membership fees for persons who are unable to provide OT services because of disability. b) Persons seeking waiver of membership fees shall provide supporting documentation to the Board of Directors. 3.3.4 Honorary Life Members a) Annual dues and fees for attendance at KOTA meetings, conferences, and workshops shall be waived for those individuals granted Honorary Life Membership. b) An official listing of those individuals designated Honorary Life Members shall be published annually in an official publication of KOTA. 3.3.5 Cost of Membership a) Membership fees are determined by the Board. b) Fee schedules for membership classifications shall be announced to the total membership through established channels of communication and will be stated within the appropriate application forms for membership in KOTA. c) KOTA will have a continuous enrollment process for membership. Dues may be paid at any time throughout the year for accreditation to the membership year. d) KOTA Board may offer incentives to increase membership. e) If a check is returned for insufficient funds or a credit card charge is refused, the member will be contacted. Payment and any bank-imposed fees charged to KOTA must be received within 30 days of notification to maintain membership. 3.4 Member Recognition: a) The Nominations Officer annually calls for nomination from the membership for recognition of achievements in support of KOTA and the community. b) Nominees must be members in good standing with KOTA as outlined in section 3.7. c) Recognition may/may not be given annually. d) Recognition will be awarded at the KOTA Annual Conference. 3.4.1 OT/OTA Award for Clinical Excellence. a) Clinical excellence is defined as providing clinical service and treatment to the patient/client population exemplifying quality care beyond the normal duties expected of the general professional KOTA member. 4

3.4.2 Volunteer of the Year. a) A volunteer is a person who has contributed their time and effort to KOTA and the community. This person has contributed in an exceptional manner exceeding all standard expectations of a KOTA member and benefitting all Occupational Therapy practitioners in the State of Kansas and Greater Kansas City Metropolitan Area. ARTICLE IV MEETINGS OF MEMBERS 4.1 Regular Meetings: a) KOTA shall hold an annual meeting to bring matters before the total membership. b) The place, day, hour and agenda of any regular meeting will be published in official publications of KOTA at least twenty-one (21) days prior to the meeting date. c) A quorum shall consist of 5 % of the voting members who are present at the time. d) Any items of business arising from the floor shall be referred to the Board for action. 4.2 Special Meetings: a) Special meetings of the membership may be called by the President, a majority of the board, or by a petition of 5 % of the voting members of KOTA in good standing. b) The purpose of the meeting must be stated and only that business may be transacted at the meeting. c) The place, day, hour and purpose of the special meeting will be announced in official publications of KOTA at least twenty-one (21) days prior to the meeting. d) No action may be taken in regards to the purpose of the meeting until the special meeting occurs. ARTICLE V EXECUTIVE BOARD 5.1 Elected officers of KOTA shall be the President, President-Elect, Vice President, Secretary, Treasurer, Government Affairs & Reimbursement Officer, and District Officers hereinafter referred to as the Executive Board. a) The President, President-Elect, Vice-President, Secretary, Treasurer, and Government Affairs and Reimbursement Officer are elected positions voted on by the members of KOTA b) The District Officers are elected by members of their respective districts. c) These officers shall perform the duties prescribed by these Bylaws and other such duties applicable to the office. d) Elected Officers are the voting members of the KOTA Executive Board of Directors. 5.2 Eligibility: 5.2.1 Eligibility of Candidates a) Any candidate for an Executive Board Position of KOTA must be a member of KOTA during their term of office. b) The nominees for President, President-Elect, and Vice President shall have at least one year of experience on either state or district Boards. c) The Executive Board officer may reside in a border state, but must be licensed to practice in the State of Kansas. d) All officers of the Executive Board shall maintain their membership in good standing with KOTA as outlined in section 3.1. e) No Executive Board Officer can concurrently hold a position as an elected officer in AOTA, a district division of KOTA, or another state s OT membership organization. 5

f) The president must be a member of AOTA. The AOTA membership fee for the President will be paid for by KOTA during the President s term of office. g) The Government Affairs & Reimbursement Officer must be a member of AOTA. 5.2.2 Eligibility of Voting Members a) All voting officers must be members in good standing with KOTA as outlined in section 3.1 of these Bylaws. b) Voting officers may reside in a border state, but must be licensed to practice in the State of Kansas. 5.3 Elections and Nominations Officer a) The Executive Board shall be elected from a slate prepared by the Nominations Officer to the membership by mail at least six weeks prior to the fiscal year. b) Write-in candidates must meet the qualifications as stated in Article III to be eligible for any office and provide written consent to serve if elected. c) The Executive Board shall be elected by individual vote of KOTA voting members by sequential mail ballot or electronic ballot, which is tabulated and otherwise monitored by the Nominations Officer. d) The ballot shall be postal mailed or electronically mailed to voting members of KOTA and returned to the Nominations Officer within 30 days of the date sent at which time the elections shall be closed. e) The Nominations Officer shall retain all ballots postal mail and printed electronic* ballots until the offices are taken after which the ballots shall be destroyed. f) The ballot shall state the deadline date. The election shall be closed on this deadline date at midnight. g) Only ballots post marked by the deadline date or prior to the stated date will be counted. h) In the event of a tie vote after recounting the ballots, there shall be a ballot vote by the voting members present at the regular meeting of the Board of Directors. i) All elections shall be completed 30 days prior to the new fiscal year. j) The results shall be announced in official publications of KOTA. k) The newly elected officers will be notified by the President or Vice-President within 3 days of finalization of ballot counting. 5.4 Other elections: a) AOTA Representative and AOTA Alternate Representative election will be conducted in cooperation with AOTA and is separate from KOTA slate of candidates. b) Special elections will be conducted in same manner as outlined in section 5.3. 5.5 Terms of Office: a) No elected officer shall be eligible to serve for more than two (2) consecutive terms in the same office. An elected officer serving more than half a term is considered to have served a full term in that office, including in the case of appointment to that office. b) Term of office for Executive Board Officers shall be two (2) years. c) The President-Elect shall serve a one (1) year term. d) All newly elected Executive BoardOfficers shall assume office at the beginning of the fiscal year. e) The President, Treasurer, and Secretary shall be elected and assume office in an odd numbered year. f) The Vice President, President-Elect, and Government Affairs and Reimbursement Officer shall be elected and assume office in the even numbered years. 6

g) If a sitting President chooses to run for re-election, that person must state the intent prior to the election cycle of a President-Elect. 5.6 Vacancies in Office: a) In the case of a vacancy in the office of President, the President-Elect shall assume the vacant position and shall serve the remainder of the presidential term. b) When there is no President-Elect, the Vice President shall assume the vacant position and shall serve the remainder of the Presidential term. c) When the Vice President is unable to assume the office of President or President Elect, the Treasurer assumes the office of President until a special election is held for a President and Vice President. d) In the event of a vacancy in the offices of Vice President, Secretary, Treasurer, or Government Affairs and Reimbursement Officer, the President shall appoint, within thirty days and with the confirmation of the Executive Board, a replacement to complete the term of office. 5.7 Removal: Removal of an elected officer may be made in accordance with due process as adopted by the KOTA Board through a 2/3 majority vote of the voting members of the Board for failure to maintain the qualifications for the office, neglect or failure to perform duties, or unethical professional behavior as stated in the Kansas licensure law, or regulations for practicing Occupational Therapy, or convicted of a felony. ARTICLE VI DUTIES OF THE EXECUTIVE BOARD 6.1 President: 6.1.1 Responsibilities of the President a) Appoint committee chairpersons with the approval of the Board, except for those committees that nominate candidates for office. b) Appoint chairs of special committees, ad hoc committees or task forces. c) Serve as an ex officio member of all councils or committees except for the purpose of selecting nominees or candidates for office. d) Coordinate the duties and responsibilities of other officers, Central Office staff, and delegate additional duties as needed to carry out the functions of KOTA. e) Have full power to act on behalf of KOTA in executing all contracts, agreements, affiliations and other instruments or obligations in the name of KOTA with the approval/consent of the Executive Board. f) The President will serve as the principal representative of KOTA to AOTA. g) Serve as the KOTA representative at meetings of Affiliated State Association Presidents (ASAP). h) Submit an annual report as requested by AOTA. i) Receive requests for action or information from AOTA and distribute to appropriate areas of KOTA for action. j) May assist AOTA in the election of and documentation of the Representative from the State Election area. k) Serve as the principle representative of KOTA to other state, regional or national associations or organizations. l) Work with the office manager to assure that all records, reports, forms are properly submitted as required by federal law or state statutes. m) As instructed by the Board of Directors, call upon consultants, employ or commission fiscal, legal or other agents to advise, act for or carry out functions appropriate to KOTA. 7

n) Prepare agenda for Board meetings and provide KOTA office with a copy to include with the meeting notice and Board reports. o) Prepare agenda for annual business meeting. p) Receive information concerning issues affecting occupational therapy and KOTA and respond to these issues with guidance from the Board. q) Respond to all correspondence directed to KOTA in the name of KOTA or assign to other Board members when appropriate. r) Once the President s term expires, he/she shall serve as Past President for a term of one year as an ex-officio member of the Executive Board. This is a non-voting position. 6.1.2 Meetings The President will chair all Board meetings and the Annual Business Meeting of the membership. a) Responsible for development of the Agenda for all meetings he/she chairs. b) Responsible for the design, development and implementation of the Annual Business Meeting of KOTA. c) May attend meetings of any Committee of KOTA. d) Represent KOTA at meetings of other organizations or agencies where official representation from KOTA is needed. 6.1.3 Communication a) The President s report for the annual business meeting should include: 1. Issues and concerns facing the membership that have been brought to the attention of the President. 2. Suggested activities for the membership to further the goals and objectives of KOTA. 3. Plans for the coming year. b) Maintain communication with all parts of KOTA. c) Respond to letters or other communications from the membership. d) Receive all letters of resignation from Board members and committee chairs at the end of term of office and compile a list for the incoming President of those who have indicated their willingness to serve again. e) Maintain regular communication with the Executive Director. 6.1.4 Budget a) Coordinate the budgetary needs of KOTA with the Treasurer. b) Serve with the Treasurer to prepare the budget for presentation to the Board. 6.2 Vice-President: 6.2.1 Responsibilities of the Vice-President a) Assist the President as requested by the President. b) Prepare to perform all duties of the President or succeed to an un-expired rotation of the term of President if necessary. c) Preside at any meeting of the Board or Annual Membership Meeting in the absence of the President d) Coordinate the revision of the Strategic Plan or Long Range Plan annually. e) Receive and review KOTA correspondence as requested by the President. f) Serve on any committee designated by the President or Board and perform any other duties as may be assigned by the President or the Board. g) Oversee the Bylaws Committee. h) Serve as Officer for Public Relations Committee. 1. Responsibilities of Committee 8

a) Promote the profession of occupational therapy to the general public, other medical professionals, and fellow occupational therapists. b) Attend and participate in all KOTA Board meetings and conference calls. c) Represent KOTA at conferences and conventions throughout the state which request occupational therapy information. d) Assist KOTA districts with planning, marketing, and public relations. e) Maintain a file of public relations correspondence, use materials, and news stories. f) Maintain updated public relations information and displays from AOTA. 2. Communications a) Submit bimonthly and annual reports to the Board concerning public relations issues and needs. b) Prepare public relations information for KOTA official publications. c) Report news releases of occupational therapy interest in the state of Kansas to the Board and AOTA. 3. Budget a) Submit an annual budget to the Treasurer at the beginning of the fiscal year. 6.2.2 Vacancies a) In the absence or disability of the Vice-President the responsibilities of the office are assigned by the President to another Board member. b) If the office is vacated permanently, the Board of Directors shall, in a timely manner, conduct an election to fill the office of Vice-President. 6.2.3 Communications a) Prepare a report on any assigned duties or special tasks for all Board of Director meetings and the Annual Business meeting or any special meeting of the Association. 6.3 Secretary: 6.3.1 Responsibilities of the Secretary a) Oversee the retention and safety of corporate documents and Seal of the KOTA kept in the KOTA Central Office. b) Attest the signature of the President to documents or other instruments required in the conduct of business of KOTA. c) Assure that the Board of Directors receives minutes of the previous Board meeting with the call for agenda items for upcoming Board meeting. d) Provide minutes of Annual Business Meeting for the members. e) In the absence of the President and Vice-president, serves as interim president for the call to order of the Board for the purpose of appointment of a president pro tem. f) Turn over to successor at completion of term the book of official minutes, current list of officers, AOTA Representative and other Board members and the KOTA seal. g) Oversees production of the KOTA Newsletter. 6.3.2 Vacancies a) In the absence or disability of the Secretary the responsibilities of the office are assigned by the President to another Board member. b) If the office is vacated permanently, the Board of Directors shall, in a timely manner, conduct an election to fill the office of Secretary. 6.3.3 Communications a) Prepare minutes for all Board of Director meetings and the Annual Business meeting or any special meeting of the Association. 9

b) Prepare the minutes of each regular Board meeting for the Members Only section of the KOTA website. 6.4 Treasurer: 6.4.1 Responsibilities of the Treasurer a) Oversee management of funds and, as appropriate, other securities of KOTA. b) Verify disposition of deposits of all monies and other valuable effects in the name and to the credit of KOTA. c) Consult with the Board of Directors on location of bank and other institutions to handle KOTA accounts. d) Submit to the President and the Board of Directors whenever they may require it an account of the financial condition of KOTA. e) Submit an annual report on the financial condition of KOTA to the Board at their regular meeting preceding the annual business meeting and a like report to the membership at the annual business meeting of KOTA. A copy of this annual report will be available in the Members Only section of the KOTA website. f) Facilitate scheduling and filing of financial reports and documents, and payment of taxes, fees and other legal assessments as required by law, retaining copies for the permanent association files, including but not limited to the following: 1. Form 941 - Quarterly withholding and social security taxes (if and when applicable) 2. Form 940 - Annual Federal Unemployment Tax Assessment (FUTA) (if and when applicable 3. Form 990 - Annual Income Reporting for Non-Profit Corporations 4. TEC - Quarterly State Unemployment Tax (if and when applicable) 5. W-2 - Annual Income Reporting Forms for Employees(if and when applicable 6. Property Tax Annual g) Shall have the accounts of the Association audited as recommended by the Executive Board. h) Work closely with the Executive Director, district treasurers, newsletter editor, and others as designated by the Board of Directors, to receive, verify, and record their quarterly financial report of receipt and disbursement of KOTA funds entrusted to their care and to assist them in financial matters of concern to the KOTA. i) Oversee a balanced budget as approved by the Board of Directors. j) Assure that upon termination of office any books, documentation in possession, records, papers, vouchers, money and other property belonging to KOTA is restored to the Board. 6.4.2 Vacancies a) In the absence or disability of the Treasurer the responsibilities of the office are assigned by the President to another Board member. b) If the office is vacated permanently, the Board of Directors shall, in a timely manner, conduct an election to fill the office of Treasurer. 6.4.3 Communication a) The Treasurer s report should include 1. Balance of each account 2. Expenses and income since last Board meeting c) Other communications, letters, phone calls as necessary to conduct business of office. 6.4.4 Budget a) Serve with the President and Association to assist in the preparation of the budget. 10

6.5 President-Elect: a) This position works closely with the President of KOTA so as to assume the duties of President due to an unexpected absence/vacancy in office. b) The President-Elect is in training to assume the office of the President of KOTA at end of the President s term of office. 6.5.1 Responsibilities a) The President-Elect shall attend each Board meeting as a voting member. b) Be an aide to the President and perform duties assigned including serving on committees. c) Become familiar with the functions of the KOTA office and assists with its management. d) Perform general duties of the office. 6.6 Government Affairs and Reimbursement Officer 6.6.1 Responsibilities of the Government Affairs and Reimbursement Officer a) Attend each Board meeting as a voting member. b) Monitor AOTA s identification of national health and reimbursement issues. c) Monitor KOTA s identification of state and local reimbursement issues, including government, private and third-party reimbursement agencies.. d) Maintain a current list of Kansas and Missouri State and federal legislators for disbursement to KOTA membership. e) Be knowledgeable concerning the status of third party payers with occupational therapy services, especially government and private insurance companies. f) Recommended that Officer attend or designate a representative to attend the AOTA sponsored annual Day on the Hill in Washington, D.C. at the request of the Executive Board. g) Implement methods and coordinate efforts to accomplish the annual legislative goals proposed to the Board. h) Identify and recruit occupational therapists knowledgeable in reimbursement and health policies locally and nationally to participate as members of the committee. k) Attend or designate a representative to attend any reimbursement workshops at the annual AOTA conference. l) Function as the point person for the state association on issues surrounding coverage and payment for Occupational Therapy services m) Perform general duties of the office. 6.6.2 Vacancies a) In the absence or disability of the Government Affairs and Reimbursement Officer the responsibilities of the office are assigned by the President to another Board member. b) If the office is vacated permanently, the Board of Directors shall, in a timely manner, conduct an election to fill the office of Government Affairs and Reimbursement. 6.6.3 Communications a) Submit an annual legislative, health policy and reimbursement committee report to the President of KOTA prior to the annual KOTA membership meeting. c) Propose annual legislative goals or special legislative needs to the Board. d) Identify state and local legislative and reimbursement issues to the Board. e) Communicate national, state, and local legislative, health policy and reimbursement issues to the membership of KOTA through official publications. 6.6.4 Budget a) Submit an annual budget at beginning of fiscal year to the Treasurer. 11

6.7 District Officers are elected through the respective districts. Their duties and responsibilities are detailed within Article XIV and XV. ARTICLE VII APPOINTED OFFICERS 7.1 The appointed officers of KOTA shall be the: Nominations Officer, OT/OTA Member-at-Large, Membership Officer, International Liaison (WFOT) Officer, Technology Officer, Education Officer, CEU Peer Review Officer, Board of Healing Arts Advisory Council Liaison, and all Student Occupational Therapy Association (SOTA) Elective Representatives. 7.2 These officers shall perform the duties prescribed by these Bylaws and other such duties applicable to the office. Appointed officers are NON-voting members of KOTA meetings & proceedings. Positions may be appointed, dissolved or combined based on the needs of the Board or Association by recommendation of the President and 2/3 vote of the Executive Board. 7.3 One Student Representative shall be chosen from each OT and OTA School on a one (1) year term. a) Be a student in good standing in an accredited program in Kansas or the Greater Kansas City Metropolitan Area. b) Have completed a minimum of two semesters of coursework in an accredited occupational therapy or occupational therapy assistant program. c) Be a student member of KOTA in good standing as outlined in sections 3.1 and 3.2.1. 7.4 Eligibility: a) Any candidate for an appointed office must be a member of KOTA in good standing as outlined in KOTA section 3.1. b) All officers shall maintain their membership in good standing with KOTA as outlined in section 3.1. c) Licensed OT/OTA in the state of Kansas. 7.5 Terms of Office: a) No officer shall be eligible to serve for more than two (2) consecutive terms in the same office unless otherwise specified. An officer serving more than half a term is considered to have served a full term in that office, including in the case of appointment to that office. b) Term of office for Appointed Officers shall be two (2) years. c) The term will coincide with the Vice-President s term of office. d) The incoming President may reappoint the Officer if desired. e) All newly appointed officers shall assume office at the beginning of the fiscal year April 1. f) If a Officer must resign before completing the term of office, the Officer shall notify the President in writing at least 30 days before the effective date. 7.6 Vacancies in Office: a) In the case of a vacancy in any appointed office position, the President shall appoint, within thirty days and with the confirmation of the Board, a replacement to complete the term of office. 7.7 Removal: a) Removal of an elected officer may be made in accordance with due process as adopted by the KOTA Board through a 2/3 majority vote of the voting members of the Board for failure to maintain the qualifications for the office, neglect or failure to perform duties, or unethical professional 12

behavior as stated in the Kansas licensure law, or regulations for practicing Occupational Therapy, or convicted of a felony. ARTICLE VIII DUTIES OF APPOINTED OFFICERS 8.1 Nominations Officer: 8.1.1 Responsibilities a) Provide nominations for consideration to the position of KOTA elected and appointed officers. b) Determine the eligibility of nominees and secure the written consent of all nominees to run for election and their intention to serve if elected. c) Prepare a ballot of candidates with their background information and a position statement for all elective offices to be filled. d) Arrange for the distribution, receipt, and tally of sequential ballots by impartial, non-member personnel or organization. e) Notify all candidates of election results prior to reporting such results to the Board and the membership of KOTA. f) Seek nominations for OT and OTA clinician of the year awards. g) Seek nominations for Volunteer of the Year h) Notify candidate and present awards at annual conference. i) Attend and participate in all Board meetings and conference calls. 8.1.2 Communications a) Brief the President and Executive Board on the status and result of all elections conducted at that time. 8.1.3 Budget a) Submit an annual budget to the Treasurer at the beginning of the fiscal year. 8.2 OT/OTA Member-at-Large: 8.2.1 Responsibilities a) Serve as a liaison between the Board and members of KOTA about professional issues and needs of the membership at state level. b) Attend and participate in all KOTA Board meetings and conference calls. c) Act as a mentor for new incoming Board members. d) Correspond with Occupational Therapy Students on the affairs of KOTA. e) Must have served in a position with the KOTA Board for a minimum of two (2) years. 8.2.2 Communications a) Submit bimonthly updates and annual reports to the Board concerning membership issues and needs. 8.2.3 Budget a) Submit an annual budget to the Treasurer at the beginning of the fiscal year. 8.3 Membership Officer: 8.3.1 Responsibilities a) Develop methods to increase and retain membership of licensed therapists and assistants in KOTA. b) Attend and participate in all KOTA Board meetings and conference calls. 13

c) Communicate with liaisons from the OT/OTA academic institutions within Kansas and the Greater Kansas City Metropolitan Area. d) Contact and obtain report from OT/OTA representatives prior to all KOTA meetings. 8.3.2 Communications a) Submit bimonthly updates and annual reports to the Board concerning the state of occupational therapy membership. 8.3.3 Budget a) Submit an annual budget to the Treasurer at the beginning of the fiscal year. 8.4 Technology Officer: 8.4.1 Responsibilities a) Provide the most up-to-date information on technology in use for occupational therapy practice. b) Ensure that the Board is up-to-date on technology needs to effectively and efficiently provide service to the members of KOTA. 8.4.2 Communications a) Submit bimonthly updates and annual reports to the Board concerning the state of occupational therapy membership. 8.4.3 Budget a) Submit an annual budget to the Treasurer at the beginning of the fiscal year. 8.5 Education Officer: 8.5.1 Responsibilities a) Survey the KOTA membership every two years regarding their continuing education needs and disseminate the information to the KOTA districts. b) Encourage one workshop per KOTA district per year and be available to guide and assist the districts in providing continuing education opportunities within their geographical area. c) Plan KOTA workshops based on the needs of the membership as indicated on the KOTA membership survey. d) Provide at least one major KOTA sponsored conference each year. e) Supplement the KOTA budget through revenue-producing continuing education activities. f) Correspond with other professional groups regarding continuing education activities applicable to KOTA membership. g) Attend and participate in all KOTA Board meetings and conference calls. 8.5.2 Communications a) Submit a bi-monthly and annual report to the Board concerning the continuing education opportunities and needs. 8.5.3 Budget a) Submit an annual budget to the Treasurer at the beginning of the fiscal year. 8.6 CE Peer Review Officer: 8.6.1 Responsibilities a) Oversees the CEU management process. b) Develops a consistent process of review of each CEU class submitted. c) Attends and participates in all KOTA Board meetings and conference calls. 14

8.6.2 Communications a) Be a reference for complex questions regarding CEU reports to the Board concerning CEU management. 8.6.3 Budget a) Submit annual budget to the Treasurer at the beginning of the fiscal year. 8.7 International Liaison (WFOT) Officer: 8.7.1 Responsibilities a) Be a member of the World Federation of Occupational Therapy. b) Encourage KOTA members including students to join the World Federation of Occupational Therapy. c) Inform members of International activities at the OTA Annual conference regarding information from WFOT Conference that is held every four years whichever is most recent. d) Attend and participate in all KOTA Board meetings and conference calls. 8.7.2 Communications a) To be a liaison with international students working or receiving training in Kansas and Missouri. b) Communications are to be done through the KOTA newsletter and attending KOTA District and State workshops and committees. 8.8 Board of Healing Arts Advisory Council Liaison: 8.8.1 Responsibilities a) The Council shall consist of five members, all citizens and residents of the state of Kansas. Three of the Council members shall be occupational therapists, recommended by the KOTA, and appointed by the Governor. (K.S.A. 65-5404) b) The Liaison shall be selected by the Council. c) The Liaison shall serve as a liaison between the Kansas State Board of Healing Arts Advisory Council and the KOTA Board. d) The Liaison shall attend and participate in the KBHA Advisory Council meetings, including telephone and other telecommunication conference meetings, as well as e-mail communication. e) The Liaison shall collaborate with the other four members of the Council to advise the KBHA in carrying out the provisions of The Occupational Therapy Practice Act. f. Attend and participate in KOTA Board meetings and conference calls. 8.8.2 Communications a) The Liaison shall communicate with the KOTA Board on Practice Act issues that may affect the KOTA as well as the occupational therapy profession in the state of Kansas. In turn, the KOTA Board shall communicate with the Liaison on issues which may require assistance, attention or intervention from the Advisory Council. 8.9 Student Representatives: 8.9.1 Responsibilities a) Serve as non-voting member of the KOTA Board. b) Serve as a liaison and communicate with their respective program.. c) Work with Education Chair to develop student activities at the annual conference. 8.9.2 Communications a) Submit articles for the KOTA Newsletter. b) Submit bimonthly and annual reports to the Board concerning student issues and needs. 15

8.10 Executive Director: The Board shall employ an Executive Director or management service to provide the management of KOTA. 8.10.1 Responsibilities a) Establish terms of such employment and convey the power, duties, and responsibilities as are necessary to ensure the effective operation of KOTA. b) The Executive Director is responsible directly to the President of KOTA. 8.10.2 Communications a) The Executive Director will be present at meetings or be represented as requested by the President of KOTA. b) Provides monthly communications and updates to the President of KOTA and the Executive Board as deemed necessary for the Executive Board to meet the needs of the Association. ARTICLE IX AOTA REPRESENTATIVE ASSEMBLY DELEGATE 9.1 The AOTA Representative and Alternate are representatives of the State Election Area and not the State Association. Reorganization or changes in AOTA structures may affect the need for this position. Should this position not be necessary because of AOTA restructuring, this Article will be deleted as a pen/ink Bylaws change. 9.2 The AOTA Representative holds a non-voting position of the Board of KOTA. This permits the Representative to be informed about issues and concerns of KOTA and to represent these issues as well as issues from the entire membership in AOTA in the state when considering actions of the AOTA Representative Assembly. 9.3 The AOTA Representative reports to the Board the actions of the AOTA that affect KOTA or practice within the state of Kansas. 9.3.1 Responsibilities Act as liaison between the Representative Assembly, hereinafter referred to as R.A. (the policy making body of AOTA), AOTA members, KOTA members and the KOTA Board shall: a) Be knowledgeable of the structure and functions of the RA and the structure and functions of AOTA. b) Represent AOTA members (constituents) of the election area from which elected. c) Receive, disseminates, and explains information regarding business of KOTA. d) Communicate deadlines for Resolutions, Reports, and Nominations for AOTA awards and elections. e) Be available to constituents to assist with writing resolutions or motions or prepare them on their behalf. f) Communicate with constituents before each scheduled RA meeting regarding business to be considered. g) Assist constituents to increase their effectiveness in influencing policy and procedures of KOTA. h) Communicate concerns and positions of constituents to the RA or other appropriate AOTA body. i) Report to constituents following each RA meeting regarding business transacted. j) Encourage membership and participation in AOTA. 9.4 Eligibility: a) Must be a member in good standing of AOTA. b) The number of representatives each State is eligible to seat on the AOTA RA is based on the percentages of voting members of AOTA as of December 31 of that year. 16

c) 5% total AOTA membership = 1 delegate and alternate delegate d) 10% total AOTA membership = additional delegate and alternate delegate e) An alternate representative shall be elected for each representative position allotted to the state. 9.5 Election: a) KOTA may assist AOTA in the election of the AOTA representative and AOTA alternate representative according to AOTA policies and procedures with mailing labels furnished by KOTA. 9.6 Terms of Office: a) The Representative serves on the KOTA Board Directors for the term of office as AOTA Representative. ARTICLE X BOARD OF DIRECTORS 10.1 Members of the Board of Directors shall comprise the elected and appointed members of KOTA hereinafter referred to as the Board. 10.1.1 Voting members of the Board a) The voting members shall comprise the President, President-Elect, Vice President, Secretary, Treasurer, Government Affairs and Reimbursement Officer and District Officers. b) In the event of a tie vote, the OT/OTA Member at Large will be accorded a vote. 10.1.2 Non-voting members of the Board a) Non-voting members shall comprise the AOTA Representative and Alternate, and all Appointed Officers, as listed in article 7.1. 10.2 Meetings: a) Notification of regular or special meetings of the Board shall be sent via electronic means to individual members of the Board not less than twenty-one (21) days prior to the meeting. 10.2.1 Regular Meetings a) The Board shall have a minimum of two (2) meetings annually. b) A quorum shall consist of 2/3 of the voting members of the Board. The quorum base number may vary if there is not a President-Elect. c) Bi-monthly Board meeting will be called via conference call, face to face or other means of electronic communication. d) The President will call at least one (1) face to face meeting annually. 10.2.2 Special Meetings a) The President may call special meetings of the Board at any time. b) The President must call a special meeting when there is a written request of 2/3 of the voting members of the Board. c) When business of the Board must be conducted between scheduled meetings and a special meeting has not been called, an electronic voting method may be used. d) Minutes of special Board meetings may be made available to the membership through the KOTA website. e) Voting may be made in person, by phone, by email, or mail. 17

10.3 Duties: a) Develop plans, methods, services and priorities to implement the stated objectives and manage the affairs of KOTA. b) Determine policies and procedures related to the financial affairs of KOTA, which may include methods to generate income such as dues, fees, sales, benefits, and workshops. c) Approve the annual operating plan and budget for KOTA. d) Confirm appointments made by the President to fill vacancies in elected offices and in Committee positions. e) Authorize the employment of Executive Director and other personnel required to assure that the affairs of KOTA are effectively managed and define the duties and set the compensation for such personnel. f) Evaluate the job performance of the Executive Director on a yearly basis with the Executive Board. g) Develop and establish policy. h) Authorize the payment of bills that are above or outside the annual financial operating plan. i) Approve the general policies and guidelines for making or revising contracts. j) Recognize new districts or dissolution of districts. k) Award Honorary Life Memberships and bestow other acknowledgments to members. l) Review the Bylaws every three (3) years and if needed, prepare amendments and/or revisions. m) Determine the location of the KOTA office and/or address for correspondence. 10.4 Attendance: 10.4.1 Meetings and conference calls are attended by all elected and appointed officers of the Board, District Officers or their appointed delegate(s), Executive Director, AOTA Representative. a) Ad hoc committee chairs, consultants and guests may be invited by the president. b) The President shall schedule the date and time for bi-monthly telephone conference calls and date, time and place of the in person board meeting. c) A proposed agenda shall be prepared and distributed prior to the meeting. d) The Board meeting will operate with Rules of the Day. 10.5 Rights at Board Meetings: a) Voting members of the Board shall have the right to make and second motions, give reports, speak to any issue, and vote. b) Non-voting members of the Board shall have the right to give reports, and speak to any issue. The Non-voting members do NOT have the right to make or second motions. c) Invited guests of the Board of Directors shall have the right to give reports and speak to issues that directly pertain to the reason that individual was invited. They shall not speak to other issues unless directly requested to do so by the President. d) Other individuals attending Board meetings do not have the right to speak to issues unless specifically requested to do so by the President. e) Exceptions to this policy may be made by approving the change in the rules for the day for that particular meeting. f) Visitors who wish to speak may approach the President and request permission. 10.6 Responsibilities: a) Be a member in good standing of KOTA. See section 3.1. b) Attend and participate in meetings and conference calls c) Prepare reports of activities, objectives and resolutions or recommendations for the Board. d) Be responsible for all duties and activities of the specific office until a successor takes office. 18

e) Turn over to successor at the end of term of office all properties of the office including: Policy and procedure manual; Current Bylaws; Current Long Range Plan; Financial Files and Monies, Board minutes of past two years and attachments. 10.7 Communications: 10.7.1 Regular Board Reports: A written report is required for each Board meeting. Copies for all voting Board members are required. The report should include: a) Activities since the last Board meeting. b) Relationship of activities to the Long Range Plan. c) Issues for discussion. d) Issues for Board action. e) Suggested action desired of Board, preferably in motion form. 10.7.2 Long Range Plan Objectives a) Annual Report to the Membership. Attendance is required for the annual meeting that outlines activities completed since the last annual meeting with reference to the Long Range Plan. Plans for the coming year should be noted in the report. 10.7.3 Other Communications: a) The Board Member will answer all communications directed to that officer. b) The Board Member will communicate with other board members of KOTA as needed to conduct business. c) Copies of all written correspondence with outside contacts should be sent to the President. 10.8 Budget: a) The Board will approve the budget at the first meeting of the fiscal year. b) All expenditures shall be submitted on the regular expense account form. Any non-routine expenditure must have the approval of the Board. ARTICLE XI OTHER COMMITTEES 11.1 New Standing Committees: The Board of KOTA may establish new Committees, other than those defined in the Bylaws, if deemed essential to achieving the purpose, objective and function of the KOTA. a) On the recommendation of the President and an affirmative majority vote by the Board of Directors, a new Committee may be created in a trial, ad hoc status. b) A decision by the Board to establish a new Committee should include consideration of: 1. Justification of the proposed Committee s function and need as demonstrated by a prior committee status. 2. The inability to provide the proposed Committee s service within an existing KOTA Committee as identified in the Bylaws. 3. The need for a continuing existence of the proposed Committee. c) The total membership shall be kept informed of any considerations, or plans by the Board to change the existing number of Committees within the KOTA. d) One (1) full calendar year of experience and participation with the Board in a trial, ad hoc status shall be required for the Board to consider permanent establishment of a Committee within the structure of KOTA. 1. An affirmative majority vote by the Board shall be required to establish a new permanent Committee. 19

2. A deciding affirmative vote to establish a new Committee within KOTA shall require subsequent amendment of the Bylaws. 11.2 Meetings: a) Committee chairs shall, on invitation of the President, attend Board meetings for the purpose of conducting business of KOTA and coordinating the work of the Committee with other committees. b) Other committee meetings may be held as necessary. The Chair should call the meeting and notify all committee members, including the President. 11.3 Communications: a) Regular Board Reports are required for each Board meeting. The report should cover: 1. Activities since last Board meeting. 2. Relationship of activities to objectives on Long Range Plan. 3. Issues that need Board action. 4. Suggested action desired of Board, preferably in motion form. b) Long Range Plan Objectives should be prepared for the first Board meeting of the year. c) Annual Meeting of the Membership report is required for the annual meeting which explains to membership the functions of the Committee and outlines activities completed since the last annual meeting with reference to the long range plan. Plans for the coming year should be noted in the report. d) Other Communications (letters, phone calls, etc.). 1. Committee chair will answer all communications directed to that committee. 2. Committee chair will answer letters in the name of KOTA to outside individuals and agencies if directed to do so by the President. 3. Committee chairs will communicate with other parts of KOTA as needed to conduct business. 4. Copies of all letters shall be sent to the President. 5. Activities of the Committee should be cleared with the President verbally and in writing. 6. Each Committee chair shall communicate regularly with all committees, task forces, and subcommittees assigned to the Committee. 11.4 Budget: a) Committee chairs shall prepare a proposed budget two months prior to the beginning of the fiscal year. The Board will approve the budget at the budget board meeting. b) All expenditures shall be submitted on the regular expense account form. c) All except routine expenditures must have the approval of the Board. d) All expense forms for committees, task forces, and subcommittee activities will be signed by the committee chair before submission to the Executive Director for reimbursement. ARTICLE XII SPECIAL COMMITTEES, COMMISSIONS, TASK FORCES, AND LIAISONS 12.1 Special Committees: a) Perform specific tasks at the request of the President with the approval of the Executive Board. b) Presents reports to the Executive Board at regular intervals and upon completion of task assignments. c) The Committee Chair is appointed by the President with confirmation of the Executive Board. d) The Committee Chair shall be a member in good standing with KOTA as outlined in section 3.1 of these Bylaws. 20