Faq Taop

The unification exploratory committee reviewed both of the Texas Chapter and Texas Association by laws to draft these proposed bylaws. Additionally, the bylaws of the Tennessee Society of O&P and the Georgia Society for O&P were evaluated to determine best practices in the industry as a whole. Each specific line item has Texas Society language in Blue and a summary of each organization's specific approach in red. Followed by Amy's interpretation of Texas Society position highlighted in Yellow.

1. Would a technician in a central fab in Texas be eligible for membership, ie not a TDLR accredited facility? A2.3, A5.2 A 2.3: The term “technician” refers to a person who fabricates, assembles, or services prostheses and/or orthoses under the direction of a licensed orthotist, licensed prosthetist, licensed prosthetist/orthotist, licensed orthotist assistant, licensed prosthetist assistant, or licensed prosthetist/orthotist assistant responsible for the acts of the technician.

Article 5.1 CATEGORIES OF MEMBERSHIP a) ACTIVE - Practitioners or Practitioner Assistants in orthotics and/or prosthetics who are licensed by and are in good standing with the TDLR, and Technicians employed at a TDLR accredited orthotic and/or prosthetic facility, shall be eligible for active membership. Only active members are entitled to vote and/or to hold office in The Society. b) ASSOCIATE -— Persons not eligible for active membership, but whose activities are such as to make it mutually desirable for them to have a formal affiliation with The Society. Summary: TCAAOP: Active: only open to clinicians ABC / Associate: ABC Cert. techs. No voting TAOP: Active: persons actively engaged in O&P who reside or engaged in business in Texas/ Associate: interest in O&P in or out of Texas Tenn: Regular: engaged in O&P as primary occupation / Associate: all others who have an interest in O&P Georgia: active Practitioners in O&P currently licensed and in good standing/ Associate: Not eligible for active but mutually desirable for affiliation In the event that a Cfab facility was not affiliated with a licensed TDLR facility, Those persons would be eligible for Associate membership, as they would be more likely to be vendors/exhibitors at an annual meeting. 2. Do you want the Society to get into disciplinary activity between "one another," or would it be better left to national certification or state licensure? Do we need another enforcement group? Would it not be better for this organization to try to help errant members learn how to improve their situation instead of running them off? A3.1c, A3.1e, 5.2d, 5.2e (corrected to 5.1.4 and 5.1.5- emeritus see next section)

The objectives of the Society Shall be as follows Article 3.1.3 To consider and deal with those common intra-professional concerns of its members, including relationships with one another, relationships with government entities, their relationships with any other groups which seek to promote their common welfare and their ability to provide exceptional levels of patient service. Article 3.1.5 To conduct and carry on the activities of a non-profit corporation in order to promote attainment of the highest standards of professional and ethical conduct by practitioners.

Article 5.1.4 4. DURATION OF MEMBERSHIP -Membership in The Society may be terminated by voluntary withdrawal, by a violation of the By-Laws or any agreement, rule or practice properly adopted by The Society. The Board of this corporation may recommend suspension or termination of the membership of any person for cause or reasons which, in the opinion of the Board are in the best interest of the Society. Any person whose membership is suspended or terminated shall have the right of Appeal to the Board and/or Membership. If the Board’s Action is sustained by two thirds vote of the members present at any regular or special meeting viewing the action of the board, such suspension or termination shall be final, otherwise, to be of no effect. TCAAOP: OBJECTS The objects of this Chapter is to improve the general welfare of the profession, to improve its service to the public, to cooperate with government officials in furthering the national welfare, to recognize technical competency and achievement, to advance education and research in the profession, and to promote and maintain an organization for the advancement and welfare of the profession by all proper, suitable, and legal means. TAOP: Section I. The objects of the Association shall include but are not necessarily limited to the following:

1.

To consider and deal with those common intra-industrial problems of management, such as those in the production, distribution, employment, and financial functions of the Members of the Association; to secure cooperative action in advancing the common purposes of the members, foster equity in business practices , and to promote activities aimed at enabling the profession to conduct itself with the greatest economy and efficiency;

2.

To disseminate information of a general economic, social, and governmental character, to analyze subjects related thereto, and to secure and present the views of the Membership of the American Orthotic and Prosthetic Association, to other organizations, to the government, and to the public.

3.

To cooperate with other professional entities and organizations including the Regional Organization of the American Orthotics and Prosthetics Association;.

4.

To do anything necessary and proper for the accomplishment of any objects which shall be recognized as proper and lawful objects of professional associations, all of which shall be consistent with the public interest, as well as the interest of the orthotic/prosthetic professions.

5.

To assist State governing bodies in the formation and regulations of professional standards of conduct.

Georgia: SECTION I: The objectives of The Society shall be as follows: 1.

To promote high levels of orthotic/prosthetic patient care services to the orthopedically handicapped.

2.

To promote the dissemination and exchange of scientific and technical information which will enable members of The Society to serve their patients, to advance orthotic/prosthetic technology in Georgia, and to enhance the standing of its members in the health care community and with the public at large.

3.

To consider and deal with those common intra-professional concerns of its members, including relationships with one another, relationships with government entities, their relationships with any other groups which seek to promote their common welfare and their ability to provide exceptional levels of patient service.

4.

To do anything necessary and proper for the accomplishment of any objectives herein set forth, or which are recognized as appropriate activities for professional associations, all of which shall be consistent with the public interest and that of the orthotic/prosthetic professions.

5.

To conduct and carry on the activities of a non-profit corporation in order to promote attainment of the highest standards of professional and ethical conduct by practitioners. To provide continuing education which will further enhance the professional and ethical competency of practitioners.

Tenn: To operate as an organization that helps organize and promote the orthotic and prosthetic profession in the State of Tennessee, and to take all such other actions in support of same. The organization as formed is intended to function as a business league or board of trade within the meaning of Sec. 501(c)(6) of the Internal Revenue Code. In connection therewith, to solicit, collect, receive, accumulate, administer and disburse funds and property in such a manner as will, in the sole discretion of the board of directors, most effectively operate to further the purposes of the corporation.

And otherwise to do any or all of the things hereinabove set forth and all things usual, necessary or proper in furtherance of or incidental to said purposes

Our purpose in is in line with purpose and objects of other professional oorgnaizations in our industry, It is NOT to police intermember disagreements, but rather to promote the industry as a whole to our referral sources, payors and share information with members. 3. Would it be better for the Society to determine Emeritus status without referencing ABC? 5.2f Article 5.1.5 EMERITUS STATUS - Those practitioners who have been granted emeritus status by the American Board for Certification or who have retired from practice as recognized by the membership committee shall be eligible for membership in The Society without the usual payment of initiation fee, dues, and may attend the general meetings without payment of registration fees. They shall be entitled to participate in the business sessions but are not entitled to vote. TCAAOP: No Emeritus Status TAOP: Emeritus Status: Those practitioners who have been granted emeritus status by the American Board for Certification or who have retired from practice as recognized by the membership committee shall be eligible for Association membership in the Association without the usual payment of application fees or dues and may attend the general meetings without payment of registration fees. Georgia: 4. EMERITUS STATUS - Those practitioners who have been granted emeritus status by the American Board for Certification shall be eligible for membership in The Society without the usual payment of initiation fee, dues, and may attend the general meetings without payment of registration fees. They shall be entitled to participate in the business sessions but are not entitled to vote. Tennesse: No emeritus Clause This language is from TAOP bylaws adopted in April of 2010 5. Do you want the bylaws to empower the Executive Committee (five people) to set "dues and other assessments" without consent of the members as to the amount? 6.3: DUES - The Executive Committee shall set all dues and other assessments of the membership. All dues shall be due and payable on the first day of the fiscal year, and the Executive Committee shall determine any subsequent date by which the dues for the fiscal year must be paid in order for the member to continue to receive the services of The Society. The Executive Committee shall prescribe the policy under which members who fail to pay their dues shall be dropped from The Society. When so determined, the policy shall be in effect until revised by action of the same or a succeeding Executive Committee .A member who is dropped for failure to pay all dues shall, without further notice, and without hearing, forfeit all the rights and privileges of membership until said dues are paid.. TCAAOP: (B). Dues. The annual dues required for membership in the Chapter shall be determined by the vote of the members, on recommendation of the Executive Committee. Dues may be varied from year to year, but dues shall be the same for all Members.

TAOP Section II. Dues: Dues for Active Members shall be set by the Board of Directors. Dues for Associate Members shall be “less than” one half (50%) that assessed active members. No member whose dues are in arrears for any amount may vote or hold office in the Association. If a member does not renew his membership within ninety (90) days (on or around April 1 st depending on Leap Year) after the beginning of the fiscal year, that membership shall terminate. Any membership that has terminated for failure to renew may be reinstated within sixty (60)(on or around May 30 th) days of such termination without payment of a new application fee.

Georgia: SECTION III: DUES - The Board of Directors shall set all dues and other assessments of the membership. All dues shall be due and payable on the first day of the fiscal year, and the Board of Directors shall determine any subsequent date by which the dues for the fiscal year must be pain in order for the member to continue to receive the services of the Society. The Board of Directors shall prescribe the policy under which members who fail to pay their dues shall be dropped from The Society. When so determined, the policy shall be in effect until revised by action of the same or a succeeding Board. A member who is dropped for failure to pay all dues shall, without further notice, and without hearing, forfeit all the rights and privileges of membership. Tenn: Nothing directly related to dues...but governance authority given to Board Each organization empowers the executive Boards with Governing and Financing decision making. In this case, we did not adopt EITHER TCACOP or TAOP's current language, as we wanted future boards to have autonomy in decision making. 6. How did y’all come to 10% being the threshold for a quorum? 7.3 TCAAOP: (C). Quorum. A quorum at all meetings of the Members shall consist of 10% of the members, present in person or by proxy. If a quorum is not present, the President shall adjourn the meeting for no longer than thirty (30) days. TAOP: Section III. Quorum: a quorum shall consist of one-sixth (1/6) of the active membership in good standing present in person or by proxy at any general or Special Meeting. If a quorum is not present no business may be conducted and the executive Committee must decide if, when and where the next meeting will take place Georgia: SECTION IV: QUORUM - A quorum shall consist of 25% of the voting members in good standing, present in person, or by proxy, at any meeting of The Society. Tenn : 2.3 A quorum for purposes of a binding vote shall be twenty-five percent (25%) of Regular Members in good standing. A majority of such a quorum constitutes a binding vote. The committee felt that 25% was excessive for a quorum and 10% was an easier equation based on membership than 1/6th. 7. Do you want the Executive Committee to be able to remove an officer elected by the membership simply with a vote of three or four people from the Executive Committee? 8.9

SECTION 8.8: REMOVAL -Any officer elected or appointed by the Board of Directors may be removed by the Board of Directors whenever in its judgement the best interest of the corporation would be served thereby, but such removal shall be without prejudice to the Contract rights, in any, of the officer so removed. TCAAOP: not exclusive to board: (E) Suspension and Expulsion. If in a written and signed communication addressed to the Secretary any member of the Chapter shall be charged with conduct detrimental to the objects of the association or in violation of its Bylaws, or rules and regulations, the Secretary shall send a copy of the charges to the accused member, who shall be given adequate time to reply, whereupon the Board of Directors shall take such further action as it may deem proper. Such accused shall have the right to a hearing and, if suspended or expelled, shall have the right of Appeal to a hearing and, if suspended or expelled, shall have the right of Appeal to the membership. If the Board's action is sustained by twothirds vote of the members present at any regular or special meeting viewing the action of the Board, such suspension or expulsion shall be final, otherwise, to be of no effect. TAOP: nothing exclusive to Baord: Section IV. Suspension or Termination: The Board of Directors may recommend suspension or termination of the membership of any person for cause or reasons which, in the opinion of the Board, are in the best interest of the Association. Continuation of membership must be considered at the next regular meeting of the Association.

Georgia: 4. DURATION OF MEMBERSHIP -Membership in The Society is for one year or until the next annual meeting and may be terminated by voluntary withdrawal, by a violation of the By-Laws or any agreement, rule or practice properly adopted by The Society. Such expulsion shall be by two-thirds (2/3) vote of the active membership, provided that a statement of charges shall have been mailed by registered mail to the last recorded address of the member at least thirty (30) days prior to the time final action is to be taken. Officer Removal: SECTION VIII: REMOVAL -Any officer elected or appointed by the Board of Directors may be removed by the Board of Directors whenever in its judgement the best interest of the corporation would be served thereby, but such removal shall be without prejudice to the Contract rights, in any, of the officer so removed.

Tennesee: 3.4 Removal. All directors shall serve at the pleasure of the Board of Directors and any director may be removed at any time without cause by a majority vote of all the directors then serving, provided, however, that if the director being removed is not present at the meeting and has not otherwise waived notice of the meeting, such director must have received at least seven days' written notice that the matter will be voted upon at the meeting of the Board of Directors at which his removal as a director is being considered.

We felt it important to have a stated means of removing a Board member that clearly stated process without having to wait until the next annual meeting.