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Constitution and Bye-Laws

B.M.T.A. Scope of Practice

Massage or massage therapy is any skilled manipulation of soft tissue, connective tissue, and/or body energy fields with the intention of maintaining or improving health by affecting change in relaxation, circulation, nerveresponses, or patterns of energy flow.

Massage or massage therapy may be accomplished manually with or without the use of the following: movement, superficial heat or cold, electrical or mechanical devices, water, lubricants or salts.

A Massage Therapist is a person trained in an approved programme of massage as put forth by the BMTA in their bye-laws (Article V, Section 2A).

ARTICLE I: NAME

The name of this unincorporated association is “The Bermuda Massage Therapy Association” (hereafter referred to as the “BMTA” or the “Association”).

ARTICLE II: PURPOSE AND OBJECTIVES

  1. To advance the science and art of massage and related techniques;
  2. To raise and maintain the standards of the massage profession;
  3. To foster a spirit of cooperation and the exchange of ideas and techniques among its members and others who are part of the field of massage;
  4. To protect and preserve the rights of its members;
  5. To enhance the public’s understanding and appreciation of massage;
  6. To advocate the rights and interests of persons seeking massage therapy as health care;
  7. To conduct any other activity in connection with the purposes stated in this Article and to undertake such other desirable activities as the Executive may determine;
  8. The BMTA is a non-profit making organization.

ARTICLE III: DURATION

The period during which the BMTA is to continue as a non-profit making organization shall be perpetual.

ARTICLE IV: ADDRESS

A.  The area to be served by the BMTA shall be primarily the Islands of Bermuda.

B.  The Post Office address of the BMTA shall be:

P.O. Box HM 3170, Hamilton HM NX, Bermuda

or such other post address as may be determined from time to time by the Executive.

ARTICLE V: MEMBERSHIP

Section 1. General Eligibility

A.  Any person meeting the qualifications of a membership classification set forth in these bye-laws is eligible for membership in the Association.

B.  The Executive shall have final authority on any issue regarding membership eligibility.

Section 2. Membership Classification and Qualifications

Membership in the Association shall be divided into 3 classifications: Active and Honorary.  An individual may hold only one (1) classification of membership at any one time.

A.  Active Membership

Must graduate from a BMTA approved accredited programme of no less than 750 clock hours or its equivalent.  Coursework requirements are: at least 125 clock hours of body systems (anatomy, physiology and kinesiology); at least 200 clock hours of massage and bodywork assessment, theory and application, in-class and supervised; at least 40 clock hours of pathology; at least 10 clock hours of business and ethics including a minimum of 6 hours of Ethics; and the remainder in related education.  Active Members in good standing shall be grandfathered whether new minimum requirements for active membership are brought into force.

  • Honorary Membership

Honorary membership is a special honor bestowed upon a person who is not a member of the BMTA, but who has contributed exemplary service and/or knowledge that has benefited the massage profession or the purposes and objectives of the BMTA.

Section 3. Membership Benefits

Members’ rights and privileges shall be listed in BMTA policy and shall begin at the time the Executive determines an application is in order and all dues and fees are paid.

Section 4. Good Standing

Members shall be considered in good standing within the meaning of these Bye-laws if the member:

A.  Complies with the BMTA Code of Ethics, Bye-laws and Standing Rules;

B.  Makes timely payments of all Association dues;

C.  CPR/ First Aid a mandatory requirement for membership.  Certification must be kept current. 

Section 5. Disciplinary Action

A.  The Association shall expel from membership or otherwise discipline any member who is not in good standing.  Complaints to the effect that a member has violated the ethical principles, Bye-laws or Standing Rules shall be processed in accordance with BMTA policy.

B.  A former member that has been expelled can be reinstated after one year in accordance with BMTA policy, by a 2/3majority approval vote of the membership.

ARTICLE VI: MEETINGS

Section 1. Voting

A.  Each member shall be entitled to one vote at any meeting of the members.

B.  A minimum of 7 people must be present to constitute a quorum for the transaction of business.

C.  Members may be represented by proxy by another member.  A representative may not cast a vote for another member without a valid proxy, in a form approved by the Executive.

D.  Where a member is an officer of the Executive, that does not entitle him/her to an additional vote.

Section 2. Members’ Meetings

A.  The Annual General Meeting of the members shall be held each year at the place, time and date as may be fixed by the Executive.

B.  At least 14 days’ notice shall be given for AGM and all general meetings.  Emergency meetings may be called at the discretion of the Executive Board with a day’s notice.

C.  Only members of the Association may attend meetings.  A non-member by invite of the Executive may sit in on a Particular meeting.

D.  Meetings shall be for the duration of one hour unless the members present at the meeting vote, by a majority, to continue.

E.   If within half an hour from the time appointed for the meeting there is no quorum, then those present shall have the power to adjourn the meeting without notice other than announcement at the meeting.

F.   The President, or failing him/her the Vice President, shall preside at all meetings of the members as the Chairperson, or in their absence a member of the Executive shall preside as Acting Chairperson.  Should no member of the Executive be present, an Acting Chairperson shall be elected by a majority vote of only those members present, for the sole purpose of adjourning the meeting.

G.  The Secretary of the BMTA shall act as secretary at all the meetings of the members, but in the absence of the Secretary the Chairperson may appoint any person to act as Secretary to the meeting.

H.  Proposals ordinarily put to meetings of the members shall be voted upon by a show of hands, unless the proposal is deemed controversial by the Chairperson.  If this is the case then a secret ballot shall take place.

I.    The Executive shall cause minutes to be recorded by the Secretary and duly entered in books kept for this purpose.

J.   Such books shall be open to the inspection of the members by mutual agreement with the Secretary.

ARTICLE VII: ACCOUNTS AND FINANCIAL STATEMENTS

A.  The Treasurer shall keep proper accounts, which shall be made up to the close of the fiscal year.

B.  Such accounts shall be laid before the Annual General Meeting.

The members shall determine annually if an auditor is to be appointed.

ARTICLE VIII: EXECUTIVE, OFFICERS, EMPLOYEES AND AGENTS

Section 1: Executive Committee

A.  The affairs of’ the BMTA shall be under supervision of an Executive Committee (“the Executive”) consisting of no less than two or such numbers in excess thereof as the members may from time to time determine, all of whom shall be volunteers and not paid personnel of the BMTA.

B.  Executive Committee

1.  The Executive shall consist of a President, Vice President, Treasurer and Secretary and such other officers as the members may from time to time determine.  The Executive shall have and exercise all the powers of the BMTA subject to such limitations imposed by resolutions of the members.

2.  Only officers of the Executive may attend Executive Committee meetings and vote as officers of that committee.

3.  The President, or in his/her absence the Vice-President, shall serve as the Chairperson of the Executive; the immediate past president may attend in an ex-officio capacity but shall not have a vote.

4.  The Executive shall have the power to make rules and regulations for the conduct of its business.  A majority thereof shall constitute a quorum.

  •  The Executive shall keep regular minutes of its proceedings.
  •  The Executive members are each required to hold an Active Membership.

Section 2: Officers

A.  All officersshall hold office for the time designated in the Bye-laws and when not given shall hold office for one year or until their successors are qualified and elected.

B.  The officers of the BMTA shall be elected at the Annual General Meeting of the members.

C.  No instrument required to be signed by more than one officer may be signed by one person in more than one capacity.

Section 3: Employees and Agents

A.  The Executive may appoint from time to time such employees and/or agents as it shall deem necessary, each of whom shall hold office at the discretion of the Executive.  They shall have the authority to perform such duties and receive such reasonable remuneration as the Executive may from time to time determine.

Section 4: Removal

A.  Any officer, employee or agent of the BMTA may be removed by a vote of the majority of the entire Executive or by the members in a general or special meeting.

B.  In the case of any vacancy in any office, a successor to fill the unexpired portion of the term may be appointed by the Executive.

Section 5: President

A.  The President shall preside at all meetings of the members and the Executive.  He/She shall have general supervision of the affairs of the organizationand shall keep the members fully informed about the activities of the BMTA.  He/She has the power alone, unless the Executive specifically requires an additional signature, in the name of the BMTA to authorize all contracts either generally or specifically by the Executive.

B.  The President’s role is essential to the success and effectiveness of the BMTA.  It is desirable that the President be actively involved in the business, but of paramount importance isthe willingness to lead and represent the BMTA in all aspects of its activity.

C.  The President inevitably becomes publicly associated with the BMTA and its policy statements.  The President should therefore be prepared to act as spokesperson of BMTA matters and be sufficiently well versed in community phi1anthropic matters to comment on behalf of the BMTA when requested.

D.  As the leader, it is the President’s duty to ensure that he/she recruits to his/her Executive, and assists in the recruitment of committees, members who are prepared to contribute at meetings and to assume responsibility for BMTA activities.

E.   The President’s term of office is one year.  Extension of this period may be necessary in unusual circumstances where no successor has been appointed.  There shall be no restriction on an officer standing for more than one year.

F.   The immediate past President shall be an ex-officio member of all committees and the Executive upon completion of term of office, for up to two years.

Section 6: Vice President

A.  The Vice President shall have such powers and duties as may be assigned to him/her by the Executive.  In the absence of the President, he/she shall perform the duties of the President.

Section 7: Treasurer

  1. The Treasurer shall keep or cause to be kept full and accurate accounts of receipts and disbursements of the organization in the proper books of accounts, and deposit or cause to be deposited all moneys and other valuable effects of the organization in the name and credit of the BMTA in such banks or depositories as the Executive may designate.
  2. At the annual meetingof the Executive and whenever else required he/she shall render a statement of the organization’s accounts.
  3. He/She shall at all reasonable times exhibit the BMTA’s books and accounts to any officer or trustee of the organization, and shall when required give such security for the faithful performance of his/her duties as the Executive may determine.

Section 8: Secretary

  1. The Secretary shall act as secretary of all meetings.  He/She shall be responsible for the giving and serving of all notices of the organization and shall perform all the duties customarily incident to the office of secretary, subject to the control of the Executive and shall perform such duties as shall from time to time be assigned by the Executive.

B.  The Secretary shall be custodian of all books, papers, records correspondence, contracts and other documents belonging to the BMTA, save as are needed by other Committee Chairmen in immediate conduct of their affairs.  The Secretary shall have available for use of the Executive up-to-date copies of the, Bye-laws.  A copy of recent correspondence shall be available for inspection of the Executive.

C.  The Secretary also has an important role to play in the successful functioning of the BMTA.  The Secretary’s period in office is usually the same as that of the President, so that this person can provide continuity in the administration.

D.  The Secretary is, in the first instance, the servant of the BMTA and his/her primary role is to maintain Committee minutes and convene its meetings.  The Secretary is the custodian of the membership and receives all details of changes to it.  It usually falls to the Secretary to receive and confirm applications from new members and to contend those who are considering letting their membership lapse.

ARTICLE IX: CONTRACTS, CHECKS BANK ACCOUNTS AND INVESTMENT

A.  Checks, Notes and Contracts

1.  The Executive is authorized to select such depositories as it shall deem proper for the funds of the BMTA and shall determine who shall be authorized in the BMTA’s behalf to sign bills, notes, receipts, acceptances, endorsements, cheques, releases, contracts and documents.

2.  Two signatures, President and Treasurer or in special cases others authorized by the members of the BMTA, are needed to withdraw funds from BMTA accounts for any reason.

B.  Investments

1.  The funds of the BMTA may be retained in whole or in part in cash or be invested and reinvested from time to time in such property, real, personal or otherwise, including stocks, bonds or other securities, as the Executive may deem desirable.

ARTICLE X: OFFICE AND BOOKS

A.  Office

1.  The office of the BMTA shall be located at such a place as the Executive may from time to time determine.

B.  Books

1.  There shall be kept at the office of the BMTA correct books of accounts of the activities and the transactions of the BMTA including a minute book, which shall contain a copy of the constitution and these bye-laws and all minutes of the meetings of the members and of the Executive.

ARTICLE XI: FISCAL YEAR

The fiscal year of the BMTA shall be determined from time to time by the Executive or on a stated specific date.

ARTICLE XII: POWER TO WIND UP

If at any time the officers of the Executive are of the opinion that the purpose of the BMTA can no longer be carried out effectively by them, they shall convene a meeting of the members proposing to wind up the organization and subject to the members consent, discharge the debts of the organization and transfer the remainder of the funds to such other charitable body or bodies as the members shall select.

ARTICLE XIII: AMENDMENTS

A.  These articles may be amended in two ways:

1.  At the recommendation of the Executive and subsequently approved by a majority of the members of the BMTA at a meeting duly called for the purpose of amending these bye-laws, providing notice of the proposed amendment has been included in the notice of meeting.

2.  At the recommendation of 7 of the members and approved by the affirmative vote of a majority of the members of the BMTA at a meeting duly called for the purpose of amending these bye-laws, providing notice of the proposed amendment has been included in the notice of meeting.