Tenn. Comp. R. & Regs. 0150-01-.19 - BOARD OFFICERS, CONSULTANTS, RECORDS, DECLARATORY ORDERS, SCREENING PANELS, AND ADVISORY RULINGS

(1) The Board shall, every three (3) years, elect from its members the following officers:

(a) Chair - who shall preside at all meetings of the Board; and

(b) Vice Chair - who shall preside at all meetings of the Board in the absence of the chair and who shall sign the approved minutes of the Board.

(2) Records and Complaints

(a) Minutes of the Board meetings and all records, documents, applications and correspondence will be maintained in the Administrative Office.

(b) All requests, applications, notices, other communications and correspondence shall be directed to the Administrative Office. Any requests or inquiries requiring a Board decision or official Board action except documents relating to disciplinary actions or hearing requests must be received fourteen (14) days prior to a scheduled meeting and will be retained in the Administrative Office and presented to the Board at the Board meeting. Such documents not timely received shall be set over to the next Board meeting.

(c) All records of the Board, except those made confidential by law, are open for inspection and examination, under the supervision of an employee of the Division at the Administrative Office during normal business hours.

(d) Copies of public records shall be provided to any person upon payment of a fee.

(e) All complaints should be directed to the Division's Investigations Section.

(3) The Board has the authority to select a Board consultant who shall serve as a consultant to the Division and who is vested with the authority to do the following acts:

(a) Review and make determinations on licensure, renewal and reactivation of licensure applications subject to the rules governing those respective applications and subject to the subsequent ratification by the Board.

(b) Decide whether and what type disciplinary actions should be instituted upon complaints received or investigations conducted by the Division.

(c) Decide whether and under what terms a complaint, case or disciplinary action might be settled. Any proposed settlement must be subsequently ratified by the Board.

(d) Undertake any other matter authorized by a majority vote of the Board.

(4) Stays and Reconsiderations - The Board authorizes the member who chaired the Board for a contested case to be the agency member to make the decisions authorized pursuant to rule 1360-4-1-.18 regarding petitions for reconsiderations and stays in that case.

(5) Requests for Verification of Licensure for Athletic Trainers desiring to practice in another state must be made in writing to the Administrative Office.

(6) Declaratory Orders - The Board adopts, as if fully set out herein, Rule 1200-10-1-.11 of the Division of Health Related Boards, and as it may from time to time be amended, as its rule governing the declaratory order process. All declaratory order petitions involving statutes, rules or orders within the jurisdiction of the Board shall be addressed by the Board pursuant to that rule and not by the Division. Declaratory Order Petition forms can be obtained from the Board's Administrative Office.

(7) Screening Panels - The Board adopts, as if fully set out herein, Rule 1200-10-1-.13, of the Division of Health Related Boards and as it may from time to time be amended, as its rule governing the screening panel process.

(8) Advisory Rulings - Any person who is affected by any matter within the jurisdiction of the Board and who holds a license issued pursuant to Chapter 24 of Title 63 of the Tennessee Code Annotated, may submit a written request for an advisory ruling subject to the limitations imposed by T.C.A. §63-24-111(a) (7). The procedures for obtaining and issuance of advisory rulings are as follows:

(a) The licensee shall submit the request to the Board Administrative Office on the form contained in subparagraph (8) (e) providing all the necessary information; and

(b) The request, upon receipt, shall be referred to the Board's administrative staff for research, review and submission of a proposed ruling to the Board for its consideration at the next meeting after the draft ruling has been approved by the Board's consultant and advisory attorney; and

(c) The Board shall review the proposed ruling and either make whatever revisions or substitutions it deems necessary for issuance or refer it back to the administrative staff for further research and drafting recommended by the Board; and

(d) Upon adoption by the Board the ruling shall be transmitted to the requesting licensee. The ruling shall have only such affect as is set forth in T.C.A. §63-24-111(a) (7).

(e) Any request for an advisory ruling shall be made on the following form, a copy of which may be obtained from the Board's Administrative Office:

Board of Athletic Trainers

Request for Advisory Ruling

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Notes

Tenn. Comp. R. & Regs. 0150-01-.19

New rule filed November 26, 2008; effective February 9, 2009.

Authority: T.C.A. §§ 4-5-105, 4-5-223, 4-5-224, 63-1-115, 63-1-117, 63-1-138, 63-24-102, 63-24-107, 63-24-110, and 63-24-111.