Constitution

1. Name

The name of the Association shall be Oriental Medicine Association.

2. Objectives

The Oriental Medicine Association is a national organisation committed to enhancing the professionalism of Amatsu Therapy and Advanced Acupuncture, in order to achieve excellence in the delivery of professional health care to the community at large, by means to include the following:

a. Education

To assist in the development and maintenance of standards for the education of Amatsu Therapists and Acupuncturists and to develop, implement and evaluate ongoing education for its members.

b. Support

To provide a support network for its members, creating a co-operative climate and encouraging input from all members.

c. Research

To co-ordinate and encourage its members to review literature, plan, implement, evaluate and publish research relevant to the practice of Amatsu Therapy and Acupuncture.

d. Register

To compile, maintain and have available a Register of Therapists.

e. Code of Ethics

To encourage members to uphold in the highest regard the Code of Ethics of the Oriental Medicine Association.

f. Operation

The Oriental Medicine Association will operate as an all-inclusive Association, which will be member driven, in that all members have an equal voice and opportunity to input in all policy decisions. It will operate as a non-profit making, non-political professional body.

g. Communication

To maintain regular communication with its members, keeping members informed on matters concerning Amatsu Therapy and Acupuncture in Ireland and internationally. Members are invited to contact the Membership Secretary with any questions, concerns or comments.

3. Membership

The Oriental Medicine Association Membership shall consist of:

  • Professional Practitioner
  • Student Member

The criteria governing each membership category shall be as follows:

Professional Practitioner

Being a person who has met the standards of qualification and practice recognised by an OMA Accredited training Provider, namely:

  1. Completion of an Amatsu Training Course recognised by a relevant Accredited Training Provider or production of appropriate documentation including certification, proof of insurance and any other documentation that may be reasonably required by OMA to assess the applicant.
  2. OR

  3. Completion of an Acupuncture Training course recognised and assessed by the Acupuncture Council of Ireland. Production of appropriate documentation including certification, proof of insurance and any other documentation that may be reasonably required by OMA to assess the applicant.
  4. Having paid the appropriate subscription as determined at an Annual General Meeting of this Association.

Fully paid Professional Practitioner Members shall be entitled to:

  1. Nominate officers.
  2. Serve on the Executive Committee.
  3. Vote at General Meetings either in person or by proxy or by postal ballot as shall be determined by the Executive Committee.
  4. Receive such other benefits as shall be determined by OMA from time to time.
  5. Consent to their name and practice being published on the website for the public.
  6. Use the initials MOMA (M referring to Member) and appropriate logo as may be determined by OMA.

Student Member

Amatsu Therapy – A Student Member being person/s who are presently training at Anma or Seitai Level with an OMA Accredited or OMA recognised Amatsu Training Provider and not currently practising.

Acupuncture – A Student Member being person/s who are presently training in first, second or third year with an OMA Accredited or OMA recognised Acupuncture Training Provider and not currently practising.

Membership Register

The Register shall be available for inspection on request by any member. An up to date list of registered members will be circulated annually to all members by Email, Newsletter or Journal. The professional members list will be available to the public and listed on this Association website.

Therapists on the professional members register may not claim or represent themselves as MOMA in connection with any form of promotion, advertising or references, unless they meet the CPD (Continuing Professional Development) requirements and hold a current annual practicing certificate.

Accredited Training Provider

An Accredited Training Provider is any Training Provider who has provided this Association with a copy of its Teaching and Education standards for review and has had those standards approved by the Executive Committee of this Association.

This Association reserves the right to review the provision of the title of Accredited Training Provider to any Training Provider from time to time, as may be deemed necessary by the Executive Committee of this Association.

4. Membership Application

An Application by a person to become a member of OMA:

  1. Shall be made in writing on a form determined by OMA Executive Committee.
  2. Shall be lodged with the Secretary who will forward Professional, Associate and Student applications to the membership committee.
  3. Shall be accompanied by proof of qualification as appropriate.
  4. Shall be accompanied by proof of insurance cover.
  5. Shall be accompanied by a relevant First Aid qualification.
  6. Shall be accompanied by the signed declaration and appropriate application fee or annual subscription.

Upon an application being approved, the Secretary or Membership Committee shall immediately notify the applicant in writing.

The Membership Secretary shall enter the applicant’s name in the Register of Members, allocate an OMA membership number and the applicant shall then be deemed to be a member. Both the applicant and all Training Providers must be notified of this number.

A right, privilege or obligation of a person by reason or membership of OMA

  1. May not be transferred to another person.
  2. Terminates upon cessation of membership whether by death or resignation or expulsion.

Subscriptions for the following fiscal year shall be set at the AGM.

  1. The amount of subscriptions for 2017 will be 100 euro for Full Professional Members.
  2. Subscriptions are due to be paid in full after the AGM or within 30 days after the renewal form or invoice has been sent out.
  3. A 50% reduction applies to new membership applications only that are received within the last third of the membership year.
  4. If people with overseas addresses wish to be contacted to ordinary mail, an additional charge for postage and handling may be added to their annual subscription. The Executive Committee will set this additional fee on an annual basis, if appropriate, based on the anticipated costs applied by the providers of the postal system.

5. Resignation of Members

A member shall be deemed to have resigned if:

  1. The member notifies the Secretary in writing of the decision to resign. Unless otherwise stated this will take effect immediately upon receipt of written resignation.
  2. The member has failed to remit the outstanding subscription within three calendar months of the subscription becoming due and payable. This may be waived at the discretion of the Executive Committee.

The Secretary shall forthwith enter the date of resignation of the member in the Register of Members.

The resigning member shall immediately cease all advertising and referenced association to OMA as a registered member including the use of any OMA logo and return any certs/membership practice certs.

6. Expulsion of Members

Complaints and Disciplinary Procedure

Subject to the rules of OMA, the Executive Committee may, by a two thirds majority vote, expel a member from the Association following a report from the disciplinary committee if it is of the opinion that the member

  1. Has refused or neglected to comply with the Rules of the Association, Code of Ethics, etc. or
  2. Has been guilty of conduct unbecoming a member or prejudicial to the interests or purposes of the OMA.

7. Discipline and appeals

A complaint is any notification in writing to the Secretary that a member of the association, by any act or omission has conducted himself/herself in a manner contrary to the objects of OMA.

There shall be two levels of response to a complaint, referral or otherwise, regarding an Association member. Following each AGM the Executive Committee will appoint both a Disciplinary subcommittee and an Appeals subcommittee.

Each of these subcommittees shall be formed as required to deal with disputes, complaints, discipline, suspension and expulsions following receipt by the Secretary of a written complaint regarding an Association member.

Disciplinary Subcommittee

The disciplinary subcommittee will consist of three registered members who may or may not be members of the OMA Executive Committee. The Disciplinary Subcommittee, under direction from the Executive Committee, shall have power to deal with any matter in such a manner, as it may deem advisable in the circumstances of each particular case.

  1. OMA shall, by resolution of the Disciplinary Subcommittee, notify the member concerned, in writing, at the last address of that member notified to OMA that the Disciplinary Subcommittee has received a complaint which must be investigated – this notification shall include an invitation to the members to respond in writing to the stated grounds for termination of other disciplinary action, and a requirement that such response be received by OMA within ten working days of the notification being sent to the member.
  2. The Disciplinary Subcommittee shall consider the member’s response, if any, and any other relevant evidence, and resolve either that there are sufficient grounds for termination of membership or other disciplinary action, or that there are not, and shall have the power to terminate membership or apply disciplinary measures other than termination if they deem it appropriate.
  3. Disciplinary measures may include but are not restricted to a temporary suspension or a requirement that the member undergo further training with a designated Accredited Training Provider.
  4. OMA shall advise the member promptly in writing of the decision of the disciplinary committee. If the decision is that membership be terminated or that other disciplinary measures be applied, the grounds for termination or other disciplinary measures shall be stated and the member shall be notified of the correct appeal procedure.
  5. If no response is received from the member within the appeal period membership shall cease at the expiry of that period or such other disciplinary measures as have been determined shall take effect. vii. If the member elects to appeal, his or her membership commitments shall continue until the appeal procedure has been concluded.
  6. A report from the Disciplinary Committee will be made to the OMA Executive Committee noting the charge, findings and action taken. The Chairman of the Disciplinary Committee shall release sufficient information as may be required by the Executive Committee for ratification.

Appeals Subcommittee

The appeals subcommittee will compromise three persons, at least two of whom shall be association members.

In considering any appeal the Appeals Subcommittee shall adopt the procedure set out below:

  1. Appeals against decisions by the Disciplinary Subcommittee or the Council in respect of discipline or accreditation shall be referred to the Appeals Subcommittee.
  2. In any case referred to it the decision of the Appeals Subcommittee shall be final.
  3. If a member wishes to appeal a decision of the Disciplinary Subcommittee or the Executive Committee in respect of discipline or accreditation, notification of such wish to appeal must reach OMA not later than 10 working days following notification of the decision of the Disciplinary Subcommittee or the Executive Committee.
  4. A date shall be set by the Appeals Subcommittee to hear the appeal not less than 21 days or more than 42 days after such notification is received by OMA and the Appeals Subcommittee shall notify the members immediately of the date, place and time that the appeal is to be heard.
  5. A member may elect to present his or her case in person before the Appeals Subcommittee, or be represented or accompanied by some other person.
  6. The Appeals Committee may by resolution, and only on the grounds already notified to the member, confirm the termination of membership or any other disciplinary measure or vary either of these as it shall consider appropriate. The member shall be promptly sent a copy of the resolution and the grounds for such resolution.

8. Alteration of the rules of the Association

The rules of the Association may be altered, amended, rescinded or repealed and new rules may be made by the Association in an Annual or Special General Meeting provided that no alteration in the rules shall be allowed if in any way the alteration alters the charitable nature of the objects of the Association.

A resolution altering the rules shall be passed by a two thirds majority, provided that due notice has been given to members in writing of the intention to seek alteration at least 21 days prior to the meeting.

9. General Meeting

The Annual General Meeting (AGM) shall be held every year at such date, time and place as the Executive shall determine.

Notification by post to every member of the Association, not less than 21 days prior to the date of the meeting. Such notice shall be deemed to have been delivered two days after it is posted and non-receipt of any such notice by any member shall not invalidate the proceedings of any meeting.

The purpose of the AGM shall be:

  1. To confirm the Minutes of the preceding AGM and of any other General Meeting held since that meeting.
  2. To receive the report of the Executive for the preceding year.
  3. To receive the Audited financial statements for the preceding year.
  4. To elect the officers of the Association. Current members shall retire from office but shall be eligible at the AGM.
  5. To transact any special business of which notice is given in accordance with these rules, namely being:
    1. Members will vote on any resolution which may be duly submitted to the meeting for consideration by the Committee and discussed under General Business.
    2. For all resolutions and issues required to be voted upon, the mode of voting shall be by a show of hands unless a secret ballot is requested by no less than three members, then a secret ballot may be adopted at the sole discretion of the Chairperson.
    3. Every member present shall be entitled to one vote and in the result of equality, the Chairperson shall have a second of casting vote.
    4. At all AGM’s, 15% of financial voting members shall constitute a quorum. In the event of full membership, numbers being less than 20 persons a quorum will consist of 5 financial voting members.

10. Special General Meeting

A Special General Meeting (SGM) shall be called upon the requisition in writing of any six members stating the purpose for which the meeting is required.

A SGM may be called by the Council as and when required on giving 14 days notice and will inform all members about the object of the meeting.

11. Executive Committee

The Executive Committee

  1. Shall administer the national business and affairs of the Association on behalf of the members and meet in person or teleconference at least quarterly.
  2. Has power, subject to these Rules, to perform all such acts and things as appear to the Executive to be essential for the proper management of the business and affairs of the Association.
  3. Shall have power to establish sub-committees and to appoint members of such sub-committees shall report to the Executive Committee in such manner as it requires.
  4. May delegate its powers to such other members or groups of members as it may from time to time determine.

The Executive Committee

  1. Shall consist of a minimum as elected at the AGM or by postal ballot if the AGM so decides.
  2. Positions shall include: Chairperson, Membership Secretary and Treasurer. If deemed appropriate the Executive Committee may select a minutes Secretary and co-opt members at subsequent Committee Meetings.
  3. Nominations for positions may be made by any registered member, in writing to the Secretary no later than 14 days prior to voting.
  4. All Executive Committee members shall be Professional Practitioner Members and shall be elected for one year.
  5. The Executive Members of the Committee are: Chairperson, Treasurer and Membership Secretary.
  6. Positions on the Executive Committee may be decided among the elected members themselves.
  7. Any member of the Executive Committee who is absent from 3 consecutive meetings without reasonable notification can be asked for their resignation.
  8. The Executive Committee shall appoint a member to fill any temporary vacancy on the Executive Committee until the permanent officer can resume his/her position on the Committee.
  9. In the event of a vacancy occurring on the Executive Committee, the Executive may co-opt a member of the Association to fill the vacancy and the member so appointed shall hold office, subject to these Rules, until the next AGM following the date of the member’s appointment when they must seek election by members.
  10. Each member of the Executive shall hold office for 12 months and may seek re-election provided that no member of the Executive shall hold the same office continuously for longer than three consecutive terms.
  11. No member shall be elected to more than one position nor shall any member be competent to hold more than one position at a time.

Responsibilities of Executive Committee Officers shall be:

A. Chairperson

  1. To chair all meetings. In the event of his/her absence the Vice President shall take the chair.
  2. To open and close all meetings.
  3. To sign respective Minutes of meetings chaired.
  4. To prepare the Annual Report for the AGM.

B. Treasurer

  1. To collect, receive and bank all moneys due to the Association and make all payments authorized by the Executive Committee.
  2. To keep correct accounts and books showing the financial affairs of the Association with full details of all receipts and connected with the activities of the Association.
  3. To prepare periodical financial reports as directed by the Executive Committee and for AGMs.
  4. To keep under control all securities and financial records of the Association.
  5. To prepare books for the Auditor appointed by the Committee who shall not be a member of the Association and who shall audit the books and accounts of the Association at least once in each year prior to the AGM.

C. Membership Secretary

The Membership Secretary shall keep and maintain a Register of members recording:

  1. Full name and address.
  2. Date of qualification and details of that qualification.
  3. Date of entry of the name of each member.
  4. Association Number of each member.
  5. CPD completed each year.
  6. Date of any resignation.

Expenses: Any out of pocket expenses incurred by the Executive Committee on behalf of the OMA shall be refunded.

12. Control and Investment of the Association

  1. The Treasurer shall be responsible for duties of moneys accountability as outlined in 11. Executive Committee, Clause B, a-e.
  2. All cheques and withdrawal slips shall be signed by any two of the following three officers: President, Treasurer, Membership Secretary.
  3. The Committee shall appoint an Auditor who shall not be a member of the Association and shall audit the books and accounts of the Association at least once in each year prior to the AGM.
  4. The Executive Committee shall, if required, hire or remunerate any person or company for services in or about the formation, organization, extension, promotion, training and business of the Association.
  5. The Executive Committee shall, if required, charge a fee to organizations or individuals seeking the assistance of the Association by way of educative material or presentations.
  6. The Executive Committee shall receive subscriptions on dues, subsidies, grants, endowments, legacies, bequests or donations from individuals or organizations whether the money, goods or services offered are in response to services provided by the Association or otherwise; provided that the Association may decide by consensus to reject any receipt of the acceptance of it would for any reason compromise the objectives of the Association.
  7. The Executive Committee may as and when necessary authorize the payment of reasonable out of pocket expenses of any member of the Association which shall be paid from Association funds.
  8. No person shall have any proprietary right to any of the property or funds of the Association.
  9. Payments to members: No member or person associated with a member of OMA shall derive any income, benefit or advantage from OMA where they can materially influence the payment of the income, benefit or advantage.
  10. The funds of the Association shall be held in any accounts with such financial institutions as decided by the Association.
  11. No financial commitments are to be entered into and no payment made without the prior approval of the Association at a specified General Meeting.
  12. Unredeemable purchase or expense in excess of 2000 euro must be approved by a General Meeting (excluding National Conference costs).

13. Winding up of the association

  1. In the event of OMA being wound up the Executive Committee shall thereupon proceed to realize the property of the register and after discharge of all liabilities shall decide at a Special General Meeting the distribution or transference of the property to one or more charitable societies, associates or organizations within Ireland as determined by the majority of members of OMA present at the meeting according to the rules of OMA at or before the time of dissolution.
  2. If the Association members decide it shall be wound up, they shall do so by passing a resolution to that effect at a General Meeting. The resolution shall be passed by a simple majority of all the valid votes cast by members voting at the General Meeting in person.
  3. If such a resolution is passed, a second General Meeting must be called not earlier than 30 days from the first meeting to pass a resolution, again by simple majority, to confirm the earlier decision to wind up the association.
  4. If the resolution is lost then the earlier decision lapses.
  5. If a confirming resolution is passed, the members must appoint one or more liquidators to wind up the affairs of the association.

14. Registered Office

The Registered office of OMA shall be situated at Ballystrig, Rhode, Co. Offaly

15. Standards of Practice

  1. Standards of practice determined by the Association shall be binding on all members.
  2. Standards of practice may be amended or added to at a General Meeting properly convened for the purpose provided that any such amendment or addition is accepted by not less than a two thirds majority of these members voting.
  3. Standards of practice to be agreed upon by all Practicing Professional and Student members by way of signed declaration shall be:
    1. To adopt work practices which meet the requirements of Irish and European Law.
    2. To conduct him or herself at all times so as to ensure a proper regard for the interests of clients.
    3. To avoid conduct which will bring discredit on the profession.
    4. To display their annual practicing certificate.
    5. To maintain client confidentiality at all times.
    6. Not to make false claims as to treatment outcomes and benefits.
    7. Never to publicly slander any member of the Register nor practitioners of any other associated modality or profession.
    8. Not to influence a person for the purpose of changing practitioners.
    9. To advertise in a professional manner, that is the approved guidelines of the Register.
  4. To strictly adhere to the Code of Ethics and Practice of OMA as published.

16. Interpretation of Rules

In any case, or should any matter arise as to the interpretation of these rules, the same shall be determined by the Executive Council whose decision shall be final.