Officers - The
Board shall elect every second year from its members the following officers who
shall hold office for two years or until the election of a successor who shall
fulfill the remainder of the predecessor's term:
(a) President - who shall preside over all
(b) Vice President
- who shall preside over Board meetings in the absence of the
(c) Secretary - who
along with the Board Administrator shall be responsible for correspondence from
and Requests -
(a) Minutes of the board
meetings and all records, documents, applications, and correspondence will be
maintained in the Board's Administrative Offices.
(b) All requests, applications, notices,
complaints, other communications and correspondence shall be directed to the
Board's administrative office.
Meeting Agenda Deadline - With the exception of documents relating to
disciplinary actions, declaratory orders or hearing requests, any requests or
inquiries requiring a Board decision or official Board action must be received
in the Board's administrative office fourteen (14) days prior to a scheduled
Board meeting. Requests or inquiries timely received will be retained in the
administrative office and presented to the Board at the Board meeting. Requests
or inquiries not timely received shall be set over to the next Board
for Certificate of Fitness or Duplicate or Replacement Licenses -
(a) Requests for certificates of fitness for
licensees desiring to practice in another state must be made in writing to the
Board Administrative Office.
Requests for duplicate or replacement licenses must be made in writing to the
Board Administrative Office and be accompanied by the fee provided in rule
Consultants - The Board members or a physician designated by the Board are
individually vested with authority as consultants to the Board to do the
(a) Review and make
recommendations on licensure, certification, exemption, renewal, reinstatement
and reactivation applications subject to the rules governing those respective
1. What, if any, investigation
should be instituted upon complaints received by the Division.
2. Whether a licensee who is the subject of a
complaint received and/or an investigation conducted by the Division is an
appropriate candidate pursuant to Board established guidelines for diversion to
a professional peer review organization and/or impaired professional
3. What, if any,
disciplinary actions should be instituted upon investigations conducted by the
4. What, if any, terms of
settlements should be offered in formal disciplinary matters based upon
investigations conducted by the Division. A proposed settlement will not become
final unless it is subsequently ratified by the Board or a duly constituted
panel of the Board.
5. Whether and
under what terms a complaint, case or disciplinary action might be settled. A
proposed settlement will not become final unless it is subsequently ratified by
the Board or a duly constituted panel of the Board.
(5) The chair(s) of any acting
panel(s) of the Board, are authorized to make determinations regarding stays
pursuant to rule 1360-04-01-.18 and reconsiderations filed in contested case
matters heard before the panel on which they serve. If the contested case is
heard before the full Board, the President is authorized to make those
Rulings - Any person who is affected by any matter within the jurisdiction of
the Board and who holds a license issued pursuant to Chapter 6 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. § 63-6-101 (a)(4). 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 paragraph (6)(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 Medical
Director 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. § 63-6-101 (a)(4).
Any request for an advisory ruling shall
be made on the following form, a copy of which may be obtained from the Board's
(7) 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.
Screening Panels - Any screening panel(s)
established pursuant to T.C.A. § 63-6-214 (i):
Shall have concurrent authority with the
Board members and any individual physician designated by the Board pursuant to
paragraph (4), to do the acts enumerated in paragraph (4) (b) subject to the
conditions contained therein.
1. A Screening
panel(s) comprised of two (2) or more persons shall elect a chairperson prior
to convening to conduct business.
2. A screening panel(s) comprised of two (2)
or more persons is required to conduct the informal hearings authorized in
subparagraph (b) immediately below.
After completion of an investigation by
the Division, may upon request of either the state, or the licensee who is the
subject of an investigation but only with the agreement of the state, or upon
request of both the licensee and the state, conduct a non-binding informal
hearing and make recommendations as a result thereof as to what, if any, terms
of settlement of any potential disciplinary action are appropriate.
Neither the Rules of Civil Procedure, the
Rules of Alternative Dispute Resolution, the Rules of Evidence or Contested
Case Procedural Rules under the Administrative Procedures Act shall apply in
informal hearings before the screening panel(s).
(i) Evidence may be presented or received in
any manner and in whatever order agreed upon by the parties.
(ii) Prior to convening the panel and in the
absence of an agreement of the parties, the screening panel chairperson shall
determine the manner and order of presentation of evidence.
2. Informal hearings may be
conducted without the participation of the licensee who is the subject of the
3. A licensee who is
the subject of an investigation being considered by a screening panel cannot be
compelled to participate in any informal hearing.
4. It is not required that prior or
subsequent notice of any informal hearing be given to any licensee who is the
subject of an investigation being considered by a screening panel.
Proposed settlements reached as a result
of any informal hearing will not become binding and final unless they are:
(i) Approved by a majority of the members of
the screening panel which issued them; and
(ii) Agreed to by both the Department of
Health, by and through its attorney(s), and the licensee; and
(iii) Subsequently presented to and ratified
by the Board or a duly constituted panel of the Board.
Tenn. Comp. R. & Regs.
filed February 26, 1991; effective April 12, 1991. Amendment filed August 26,
1998; effective November 9, 1998. Amendment filed April 16, 1999; effective
June 30, 1999. Withdrawal to Amendment of rule 0880-02(8)(c) filed and
effective November 12, 1999. Amendment filed August 30, 1999; effective
November 13, 1999. Amendment filed April 10, 2000; effective June 24, 2000.
Amendment filed September 5, 2002; effective November 19, 2002. Amendments
filed February 1, 2017; effective 5/2/2017.
Authority: T.C.A. §§
4-5-223, 4-5-224, 4-5-225, 63-1-118
(b), 63-1-106 (c), 63-6-101, 63-6-101 (a), 63-6-103, 63-6-201, 63-6-207,
63-6-209, 63-6-210, 63-6-211, 63-6-212, 63-6-213, and 63-6-214.