ANACHA - Constitution

Constitution of the Australian National Acupuncturists and Chinese Herbalists Association.

1. NAME

2. EXPLANATION

3. OBJECTIVES

4. MEMBERSHIP

5. DUTIES OF OFFICE BEARERS

6. SUBSCRIPTIONS

7. RESIGNATION

8. COMPLAINT

9. EXPULSION OF A MEMBER

10. THE COMMITTEE

11. INDEMNITY

12. DISQUALIFICATION OF COMMITTEE MEMBERS

13. PROCEEDINGS OF COMMITTEE

14. MEETINGS

15. PROCEEDINGS AT MEETINGS

16. VOTING RIGHTS

17. ACCOUNTS

18. APPLICATION OF SURPLUS ASSETS

19. AFFILIATION

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1. NAME

The name of the Association shall be Australian National Acupuncturists and Chinese Herbalists Association - hereinafter referred to as the Association.

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2. EXPLANATION

In these rules unless the contrary intention appears 'Committee' means the Committee of Management of the Association 'Meeting' means a general meeting of members of the Association convened in accordance with these rules, 'Member' means a member of the Association.

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3. OBJECTIVES

1. To provide an information and supportive network for practitioners of acupuncture, Chinese herbal medicine and TCM.
2. To promulgate and uphold the standards of acupuncture, Chinese herbal medicine and TCM education standards of practice and professional ethics
3. To promote equitable statutes and regulations relating to acupuncture, Chinese herbal medicine and TCM
4. To offer support and guidance to students of acupuncture, Chinese herbal medicine and TCM and their respective training programs and research
5. To provide a forum for the sharing of knowledge in the field of acupuncture, Chinese herbal medicine, TCM and related disciplines
6. To educate the general public and heath care professions regarding the nature and scope of acupuncture, Chinese herbal medicine and TCM
7. Such other activities of a charitable and scientific nature related to Oriental medicine as may benefit the knowledge and well-being of the people
8. The Association is a not for profit association.

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4. MEMBERSHIP

Persons who shall be eligible for membership in the Association shall be.

a) Fit and proper persons;

b) Over the age of 18 years and:-

1. A graduate or undergraduate of a School or College or course approved by the Committee,
2. Recommended to the Committee after assessment by the Association
3. Must comply with the grades of membership listed hereunder,
4. Must agree to abide by the 'Code of Ethics' adopted by the Association;

c) The Committee retains the authority to refuse/deny membership;

d) Membership Applications

 Applications from all States and Territory of Australia are welcome. Membership is not restricted to any particular State or Territory.

All applications for membership shall be made in writing on the official application forms from time to time determined by the Committee, and further shall satisfy the Committee as to their good character and honest intentions in joining the Association. Copies of substantiating documents will require verification by a Justice, of the Peace;

e) Grades of Membership

In addition to regular or professional members, (ie. members who actively participate in their respective profession of acupuncture, Chinese herbal medicine and/or TCM on a regular daily basis), the following grades of membership are available:

1. Student Members

Such persons shall apply for admission and are admitted to membership in accordance with the rules for the time being in force. Student membership shall be open to bona fide students who are attending a recognized training school for approved qualifications as determined from time to time by the Committee, and prescribed by the rules and as stated in the by-laws. Student members are ineligible to vote. Maximum term for Student Membership will be Three (3) years,

2. Affiliate Members

Such persons who have been "Active" members but who for one reason or another are no longer practicing, and are no longer in need of Insurance cover, but wish to receive the Bulletin and remain in contact with the Industry. Affiliate members are ineligible to vote,

3. Life Members

Such persons who throughout their Active membership have performed selflessly, various roles and functions on behalf of the Association in particular, and the Massage Industry in general, and have shown by their tireless efforts an enduring respect for their fellow professionals and all of humanity.

4. Associate Members

Such persons who are of good character and reputation, while not being practicing members, wish to support the association in its endeavors with advice, recommendations and general duties. These members may fill the role of office bearers if so elected.

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5. DUTIES OF OFFICE BEARERS

President:-

1. The President shall preside at all Committee and General Meetings of the Association,
2. The President shall have general supervision of the officers and affairs of the Association and shall make a yearly report at the Annual General Meeting of the Association. Certificates and all other documents impressed with the seal of the Association, the President shall also counter sign these,
3. The President, at any meeting, shall have a deliberative vote and a casting vote,
4. The President shall chair management and general meetings,
5. The President, together with the Secretary, shall prepare the agenda for the
6. Committee and general meetings,
7. The President shall encourage fully balanced participation in meetings by all
8. members and maintain order.

Vice-President:-

 The Vice-President shall perform all the duties of the President in the absence of that officer.

Secretary:-

1. The Secretary shall keep the minutes of all constituted meetings of the Association and generally carry out duties as may be authorized by the Committee,
2. The Secretary shall call meetings in accordance with the provisions of this constitution,
3. It is the responsibility of the Secretary to ensure that records are kept on behalf of the ' Association. These shall include the constitution and policies, records of members, a register of minutes of meetings and notices, a file of correspondence and records of submissions and reports made by, or on behalf of the Association,

Treasurer:-

1. The Treasurer shall keep a complete record of all financial affairs of the Association and present to each Committee meeting the current financial position of the Association,
2. The Treasurer shall ensure that account expenditures shall be authorized in advance by the Committee or a general meeting,
3. The Treasurer shall ensure that records are kept of all financial transactions, including receipts and payments. These records shall be available for inspection by any member,
4. The Treasurer shall be responsible for the preparation of financial budgets and statements and shall submit a report on the finances at each Annual General Meeting,
5. The Treasurer shall present audited accounts to the annual general meeting.

The Committee shall have the power to authorize the purchase on behalf of the Association, of property up to the value of one thousand dollars ($1,000) for any one item in any one financial year. Any purchase greater in value than one thousand dollars ($1,000) must have the prior approval of a majority vote at a General Meeting.

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6. SUBSCRIPTIONS

1.  The subscription fees for each grade of membership shall be such sum, as the membership shall determine from time to time in general meetings;
2. The subscription fees for each grade of membership shall be payable annually by 30th April or at such other time as the Committee shall determine from time to time;

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7. RESIGNATION

A member may resign from membership of the Association by giving written notice thereof to the Secretary of the Association. Any member so resigning shall be liable for any outstanding subscriptions that shall be recovered as a debt due to the Association.

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8. COMPLAINT

 Where practicable, a complaint to the Committee against an Association member should be in writing in the form of a duly executed Statutory Declaration.

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9. EXPULSION OF A MEMBER

Subject to giving a member an opportunity to be heard or making a written submission, the Committee may resolve to suspend or expel a member upon a charge deemed to be detrimental to the interests of the Association or persons receiving treatment,

Providing that:-

1. Particulars of the charge shall be communicated to the member at least 21 days before the meeting of the Committee at which the matter will be determined;
2. The determination of the Committee shall be communicated to the member, and in the event of an adverse determination the member shall cease to be a member 21 days after the Committee has communicated in writing its determination to them;
3. It shall be open to a member to appeal to the Association in a general meeting against the expulsion. The intention to appeal shall be communicated to the Secretary or Public Officer of the Association within 21 days after the determination of the Committee has been communicated in writing to the member.

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10. THE COMMITTEE

1. The affairs of the Association shall be managed by a Committee while in addition to any powers and authorities conferred by these rules, may exercise all such powers and do all such things as are within the objects of the Association, and are not by the Act or by these-rules required to be done by the Association in general meeting;
2. The Committee shall have the power to appoint such officers and employees as are required to carry out the objects of the Association and may discuss or delegate any of its powers to such officers and employees;
3. The Committee shall be comprised of a President, Vice President, Secretary and Treasurer, all of whom shall be financial members of the Association;
4. The Committee may appoint a natural person to fill a casual vacancy, and such a Committee member shall hold office until the next annual general meeting of the Association, and shall be eligible for reappointment;
5. A retiring Committee member shall be eligible to stand for re-election without nomination. No person (not being a retiring Committee member) shall be eligible to stand for election unless a member of the Association has nominated them at least 21 days before the meeting by delivering the nomination of that person to the Secretary of the Association. The nomination shall be signed by the proposer and by the nominee to signify a willingness to stand for election;
6. If only the required number of persons are nominated to fill existing vacancies, the Secretary shall report accordingly to the annual general meeting and the chairperson shall declare such persons duly elected as committee members.

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11. INDEMNITY

 The Association will not be responsible for damage or injury to members, or loss, damage or theft of members' property.

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12. DISQUALIFICATION OF COMMITTEE MEMBERS

The office of Committee members shall become vacant if a committee member is:

1. expelled under these rules,
2. permanently incapacitated by ill health,

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13. PROCEEDINGS OF COMMITTEE

1. Questions arising at any meeting shall be decided by a majority of votes, and in the event of equality of votes the chairperson shall have a casting vote in addition to a deliberative vote;
2. If a member of the Committee finds themselves with a 'Conflict of Interest' with the Association, they shall declare that 'Conflict of Interest' and shall abstain from voting.

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14. MEETINGS

1. The Committee may call a special general meeting of the Association at any time, and shall call an annual general meeting;
2. A special general meeting shall be called by the Secretary within 21 days of receiving a directive from the Committee, or a written request by either three Committee members or five Association members with names printed and signed. The directive or request must specify the business to be conducted at the meeting;
3. Notice of a meeting at which a special resolution is to be proposed shall be given at least 21 days prior to the date of the meeting;
4. A notice may be given by the Association to any member by serving the member with the notice personally, or by sending it by post to the address appearing in the register of members;
5. Where notice is-sent by post, service of the notice shall be deemed-to be effected if it is properly addressed and posted to the member by ordinary prepaid mail.

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15. PROCEEDINGS AT MEETINGS

1. At any general meeting, a resolution put to a vote shall be decided on a show of hands, and a declaration by the chairperson of the meeting that a resolution has been carried or lost, shall unless a poll is demanded be conclusive evidence of the fact, without proof of the number or proportions of the votes recorded in favor of, or against, the resolution;
2. If a poll is demanded by the chairperson of the meeting or by three or more members present, it shall be taken in such manner as the chairperson directs. The result of such poll shall be the resolution of the meeting, except that in the case of a special resolution a majority of not less than 75% of the members who being entitled to do so, vote personally or by postal vote.

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16. VOTING RIGHTS

With exception of Student and Affiliate Members and subject always to these rules, each financial voting member present in person or by postal vote shall be entitled to one vote. Postal votes will be accepted only for Agenda motions, providing that the Secretary has been advised in writing at least 48 hours prior to the meeting.

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17. ACCOUNTS

The Association shall keep such accounting records as are necessary to correctly record and explain the financial transactions and financial position of the Association.

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18. APPLICATION OF SURPLUS ASSETS

If after the winding up of the Association there remains 'surplus assets', such surplus assets shall be distributed amongst charities, as agreed by the existing members at the meeting called for the winding up of the Association.

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19. AFFILIATION

The Association may affiliate with such other organizations or bodies as may be approved by a motion passed at a general Meeting.

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By-Laws of the Australian National Acupuncturists and Chinese Herbalists Association.

B1. ETHICS

B2. STANDARDS

B3. WORKSHOPS

B4. RULES FOR ONGOING PROFESSIONAL EDUCATION

CATEGORY 1

CATEGORY 2

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B1. ANACHA CODE OF ETHICS:

1. Duty of Care

1.1. The primary professional duty of practitioner is to competently assist the patient to optimum health, with the circumstances of the patient's condition.

1.2. The practitioner shall always maintain the highest standards of professional conduct and duty of care to the patient.

1.3. Under no circumstances shall a practitioner knowingly undertake any action or treatment that would adversely affect the health of a patient or fellow human being.

2. Professional Conduct

2.1. The practitioner shall have respect for the religious, spiritual, political and social views of any individual irrespective of race, age, sex, colour, ethnic origin, differing abilities, sexuality, creed, marital status, culture, political views or social standing.

2.2. Proper conduct must always be paramount in practitioners' relations with patients. Practitioners must behave with courtesy, respect, dignity and discretion. Their attitude must be competent and sympathetic, hopeful and positive, thus encouraging an uplift in the mental outlook of the patient and a belief in a progression towards good health practices.

2.3. A practitioner should not enter into an intimate or sexual relationship with a patient whilst the patient is under their care.

2.4. A practitioner can practice only the natural and/or traditional therapy discipline/s in which she/he is accredited.

2.5. The practitioner is to recognise a responsibility to give the generally held opinions of the relevant discipline when interpreting and conveying scientific or empirical knowledge to patients or to the general public, and where one presents any personal opinion which is contrary to the generally held opinion of the discipline, clearly indicate that this is so.

2.6. A practitioner shall not provide false information on documents used for health fund rebate purposes.

2.7. The practitioner shall not use unsafe or improper practice.

2.8. Practitioners shall at all times show due respect and cooperate with practitioners of other disciplines.

2.9. Practitioners must never claim to "cure". The possible therapeutic benefits may be described as "recovery", but this must never be guaranteed.

2.10. A practitioner shall at no time take part in, or promote any activity, verbal or otherwise, which will reflect improperly or denigrate the standing of natural and traditional therapies or ANACHA or the Federation of Natural and Traditional Therapists within the general community or in any professional circles.

2.11. Practitioners should ensure that they are medically, physically and psychologically fit to practice.

2.12. A practitioner should not attend to a patient or clinic whilst under the influence of alcohol, drugs or other substance that would impair their judgement. It would be considered inappropriate for a practitioner to smoke or consume a tobacco product in the clinical setting.

2.13. A practitioner shall not use their professional connections or affiliations in an unconscionable manner.

2.14. A practitioner shall not knowingly breach the Commonwealth Therapeutic Goods Act and Regulations, or the equivalent State Legislation.

2.15. A practitioner shall be aware of notifiable diseases pertinent to their state or territory legislation.

2.16 All members are required to adopt hygiene procedures and infection controls in accordance with their respective state laws and regulations.

2.17 Practitioners should obtain some form of informed clinical consent (written or verbal) from patients for any procedural treatment offered.

2.18 Practitioners should obtain some form of informed financial consent (written or verbal) from patients before commencing treatment. I.e. patients should understand the approximate costs involved in treatment. (Signs made clearly visible in the clinic waiting room may help in this regard.)

2.19 All practitioner members who intend practicing in the state of Victoria are required to be registered members with the Chinese Medicine Registration Board of Victoria.

3. Confidentiality.

3.1. A practitioner may not disclose information obtained in confidences from or about a patient unless consent has been given. The practitioner must also adhere to the requirements of the Privacy Act within his/her practice.

3.2. Patient records are kept confidential at all times and access restricted to the practitioner or assistant, except:
a ) In an emergency or other urgent situation where the information may prevent possible injury to the patient or the other person.
b ) Where required to do so by the law.

4. Patient Record

4.1. The public are entitled to expect that a practitioner will maintain a good standard of practice with full records. This includes: (a) name, address, telephone, date of birth; (b) details of health history; (c) dates of treatment; (d) details of remedies prescribed.

4.2. Patient records are to be kept indefinitely in a safe and secure storage.

5. Advertising

5.1. A practitioner shall not advertise or lay claim to secret or exclusive methods of treatment.

5.2. In the advertising of a practitioner's skills or services, due regards should be paid to the following:
a ) Practitioners shall not use titles or descriptions that give the impressions of medical or other qualifications to which they are not entitled.
b ) A practitioner shall only advertise in a proper and professional manner for the purpose of informing members of the general public as to their location details and areas of socialised practice.

6. Stationery

6.1. A practitioner is responsible for the issue of their own receipts and their own personal receipt books.

6.2. A practitioner shall not allow their receipt books to be shared or used by other practitioners (including unqualified practitioners).

6.3. Under no circumstances shall a practitioner allow their provider number to be quoted or used by another practitioner (including unqualified practitioners).

6.4. Receipt books should be kept in a safe and secure manner.

6.5. The Federation will refer any alleged evidence of fraudulent use of receipt books to the respective member association to investigate and take appropriate disciplinary action.

7. Breach of Code of Ethics

7.1. A breach of any aspect of this Code of Ethics will make the practitioner subject to disciplinary action in accordance with the mechanism described in the Complaints Section of the ANACHA Constitution and its By-laws.

8. Professional indemnity Insurance

8.1. ANACHA has a policy that requires their professional members who are currently in practice, to have adequate Professional Indemnity Insurance cover.

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B2. STANDARDS

Organization's qualifications and educational standard for acupuncture, herbal medicine.

ANACHA Ltd minimum qualifications and education standards for recent graduates (April 2004) wishing to apply for membership to the association under the categories of Acupuncture and Chinese Herbal Medicine.

	Acupuncture	Herbal Medicine
Qualification	Advanced Diploma	Advanced Diploma
Educational Standard	Years and Hours corresponding to current industry accepted standard*	Years and Hours corresponding to current industry accepted standard*
Other Requirements	Association approved training organization**	Association approved training organization**

 

*

As defined by respective State Government training and educational standards organizations involved with the Industry.

**

The Associations recognizes all State Government approved training organizations but is not limited to or restricted by the decisions of these organizations. In addition each applicant is judged on his / her own individual merits as well as qualifications. Where there is any contention regarding the Association's decisions, an applicant my be required to site a series of examinations (equal to that set by the Victorian Chinese Medical Registration Board).

Insurance

In addition to current professional indemnity insurance all applicants need also possess public liability insurance of at lease $1M.

First Aid Certificate

In addition to current indemnity insurance all applicants are required to provide evidence of current Senior First Aid Certificate.

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B3. WORKSHOPS

Workshops, Seminars or Lectures will be held from time to time by the Management Committee to assist with ongoing education requirements.

 All events will require a deposit of 10% or a minimum of $10.00 with booking.

Full payment must be received 7 days prior to event.

Fully paid bookings will receive preference when places are scarce.

Only in exceptional circumstances and at the discretion of the Management Committee will refunds be considered for non attendance at the event, venue and course material must be paid for.

All requests for refunds must be made in writing to the Management Committee.

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B4. RULES FOR ONGOING PROFESSIONAL EDUCATION

Members are required to complete 20 hours of Ongoing Professional Education (OPE) each year to maintain their membership at this level.

Category 1 relates specifically to the advancement of acupuncture, Chinese herbal medicine and Traditional Chinese Medicine skills and knowledge. The total hours are available in this category.

Category 2 relates to Promotional and Professional activities relating to acupuncture, Chinese herbal medicine and Traditional Chinese Medicine professionals. A maximum of 10 hours a year or 30 hours over three years are available from this category, the rest of the hours need to be achieved from category one.

CATEGORY 1

 Attending lectures or practical directly involving acupuncture, Chinese herbal medicine and Traditional Chinese Medicine applications.

Attending lectures on health sciences, anatomy and physiology.

Structured group exchange of acupuncture, Chinese herbal medicine and Traditional Chinese Medicine that includes discussion of acupuncture, Chinese herbal medicine and Traditional Chinese Medicine techniques and clearly develops the skills of the practitioner through improving techniques and knowledge.

CATEGORY 2

 Teaching of acupuncture, Chinese herbal medicine and/or Traditional Chinese Medicine.

Teaching of other modalities including health science, anatomy and Physiology.

Executive committee members.

Ordinary committee members.

Member of sub committee.

Attending Association meetings.

Business training and personal development courses.

Senior First Aid Course. (Required)

CPR update. (Required)

Published research and articles on acupuncture, Chinese herbal medicine and Traditional Chinese Medicine. The committee will assess the time and effort that has been put into the item presented and their decision on whether to award hours and the number of hours is final.

Lectures or practical in modalities other than acupuncture, Chinese herbal medicine and Traditional Chinese Medicine that relates to the treatment of the body. Counseling skills are included in this section. The study of acupuncture, Chinese herbal medicine and Traditional Chinese Medicine, health sciences or anatomy and physiology through video or text will be accepted provided your study notes are made available to the committee for assessment of the time and effort put in.

 

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