Here is the third installment of blogs on my exploration of changes in the Articles of Incorporation and the Bylaws and how they may provide insight into our current situation with AOTA, ACOTE and the mandate for single point of entry at the doctoral level for the occupational therapist.
I realize that I have mistakenly been implying that our most recent Bylaws changes (2015) were instrumental in articulating the responsibilities related to “professional standards” and “educational standards.” These changes were actually introduced in the 2013 revisions to the Bylaws. That I can tell there were no significant changes from 2013 to 2015 related to the Representative Assembly (RA) or ACOTE. If I have missed something, please point it out to me. However, there were changes from the 2007 Bylaws to 2013 in
I also have been reviewing various RA documents since 2004 searching for motions related to ACOTE. I am a little bit of an electronic pack rat and have saved most documents sent to me including a list of final charges related to motions passed or defeated. I continue to notice the language of motions/charges which are almost always phrased as “requesting” ACOTE to do something rather than “directing.” I am limited before 2004 because I first joined the RA as the Special Interest Sections Council Chairperson. An important date/time period may be 2003ish to 2004ish and developments resulting in a Memorandum of Understanding between AOTA and ACOTE. Actions in the RA in the next few years seem to treat ACOTE with deference for its role in making decisions independent of more than suggestions and recommendations from the RA. I have pasted relevant sections of the documents below. If anyone notices any mistakes, do not hesitate to call it to my attention! The nerd fest continues! 2007 Articles of Incorporation and Bylaws SIXTH Article of Incorporation SIXTH: The number of trustees, directors, or managers of the corporation shall be not less than five (5) nor more than fifty (50), and shall be known as the Board of Directors. The manner of election or appointment of such directors shall be provided in the bylaws. Article V Section 9. Associated Body of the Board ACOTE® Purpose: To accredit occupational therapy educational programs and occupational therapy assistant educational programs. ACOTE® establishes, approves, and administers educational standards to evaluate occupational therapy and occupational therapy assistant educational programs. ACOTE® shall establish its own policies and procedures. ARTICLE VII. Representative Assembly Section 1. Purpose The Representative Assembly, herein called the Assembly, shall be the legislative body directly responsible for the policies affecting the direction of the profession. 2013 Articles of Incorporation and Bylaws The 2013 amendments add by name the Representative Assembly as a designated body of the board, responsible for the establishment of professional standards and policies. This change was made to incorporate AOTA’s then existing organizational structure into the framework of the 2012 changes in the DC nonprofit corporate law. SIXTH Article of Incorporation SIXTH: All corporate powers shall be exercised by and under the authority of the board of directors except as provided in this Sixth Article. The number of trustees, directors, or managers of the corporation shall be not less than five (5) or more than fifty (50), and shall be known as the Board of Directors. The manner of election or appointment of such directors shall be provided in the Bylaws. There shall be a designated body of the board known as the Representative Assembly which shall be directly responsible for the establishment of professional standards and policies. Article V Section 10. Associated Advisory Council of the Board ACOTE® Purpose: To accredit occupational therapy educational programs and occupational therapy assistant educational programs. ACOTE® establishes, approves, and administers educational standards to evaluate occupational therapy and occupational therapy assistant educational programs. ACOTE® shall have complete autonomy in establishing standards for educational programs; developing and implementing policies, rules, and procedures for conducting accreditation reviews; and making accreditation decisions. ARTICLE VII. Representative Assembly Section 1. Purpose The Representative Assembly, herein called the Assembly, shall be a designated body of the Board directly responsible for the establishment of professional standards and policies. With respect to matters within the scope of its purpose, each member of the Assembly shall have a fiduciary duty when discharging responsibilities as a member of the Assembly to act in good faith and in a manner reasonably believed to be in the best interest of the Association and otherwise in accordance with standards of conduct under the D.C. law for fiduciaries in non-profit associations. 2015 Articles of Incorporation and Bylaws Sixth Article of Incorporation: SIXTH: All corporate powers shall be exercised by and under the authority of the board of directors except as provided in this Sixth Article. The number of trustees, directors, or managers of the corporation shall be not less than five (5) or more than fifty (50), and shall be known as the Board of Directors. The manner of election or appointment of such directors shall be provided in the Bylaws. There shall be a designated body of the board known as the Representative Assembly which shall be directly responsible for the establishment of professional standards and policies. Article V Section 10. Associated Advisory Council of the Board ACOTE® Purpose: To accredit occupational therapy educational programs and occupational therapy assistant educational programs. ACOTE® establishes, approves, and administers educational standards to evaluate occupational therapy and occupational therapy assistant educational programs. ACOTE® shall have complete autonomy in establishing standards for educational programs; developing and implementing policies, rules, and procedures for conducting accreditation reviews; and making accreditation decisions. ARTICLE VII. Representative Assembly Section 1. Purpose The Representative Assembly, herein called the Assembly, shall be a designated body of the Board directly responsible for the establishment of professional standards and policies. With respect to matters within the scope of its purpose, each member of the Assembly shall have a fiduciary duty when discharging responsibilities as a member of the Assembly to act in good faith and in a manner reasonably believed to be in the best interest of the Association and otherwise in accordance with standards of conduct under the D.C. law for fiduciaries in non-profit associations.
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