Tenn. Comp. R. & Regs. 0540-01-.19 - BOARD MEETINGS, OFFICERS, CONSULTANTS, DECLARATORY ORDERS, AND SCREENING PANELS

(1) Board Meetings

(a) The time, place, and frequency of board meeting shall be at the discretion of the Board except at least two meeting shall be held annually.

(b) Special meetings are called at the discretion of the Chairperson or at the request of three members of the Board.

(c) Three members of the Board shall at all times constitute a quorum.

(d) All meetings of the Board shall be open to the public. Minutes of the Board meetings and all records, documents, applications, and correspondence will be maintained in the Board's administrative office.

(2) The Board shall elect annually the following officers/and a consultant:

(a) Chairperson - who shall preside at all board meetings.

(b) Secretary - who, along with the Board administrator, shall be responsible for correspondence from the Board.

(c) Consultant - who, is a non-Board member, and shall be responsible for reviewing complaints and may serve on special committees as assigned by the Board.

(3) Board Conflict of Interest - Any Board member having an immediate personal, private, or financial interest in any matter pending before the Board shall disclose the fact in writing and shall not vote upon such matter.

(4) The Board Consultant is appointed by the Board and vested with the authority to do the following acts:

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

(b) Decide whether and under what terms a complaint, case or disciplinary action might be informally settled. Any matter proposed for informal settlement must be subsequently ratified by the full Board before it will become effective.

(c) Make determinations, subject to subsequent ratification by the full Board regarding the following:

1. Petitions for stay of Board Orders pursuant to Rule 0540-01-.15.

2. Approve continuing education courses pursuant to Rule 0540-01-.12.

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

(5) All requests, applications, notices, complaints, other communications and correspondence shall be directed to the Board's administrative office. Any requests or inquiries requiring a Board decision or official Board action except documents relating to disciplinary actions, declaratory orders or hearing requests must be received fourteen (14) days prior to a scheduled Board 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.

(6) Records and Complaints

(a) Minutes of the board meetings and all records, documents, applications, and correspondence will be maintained in the Board's administrative office.

(b) 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 Board's administrative office.

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

(d) All complaints should be directed to the Division's Investigation Section.

(7) Requests for Verification of Licensure must be made in writing to the Board's administrative office.

(8) Declaratory Orders - The Board adopts, as if fully set out herein, rule 1200-10-01-.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.

(9) Screening Panels - The Board adopts, as if fully set out herein, rule 1200-10-01-.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.

(10) 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 1360-04-01-.18 regarding petitions for reconsiderations and stays in that case.

Notes

Tenn. Comp. R. & Regs. 0540-01-.19

Original rule filed December 28, 1995; effective March 12, 1996. Amendment filed July 29, 1999; effective October 9, 1999. Amendment filed July 3, 2007; effective September 16, 2007. Amendment filed December 13, 2012; effective May 31, 2013. However a petition for a rulemaking hearing was filed on January 7, 2013.

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-1-138, 63-26-108, and 63-26-123.