Tenn. Comp. R. & Regs. 0880-03-.19 - COMMITTEE MEMBERS, OFFICERS, CONSULTANTS, RECORDS, DECLARATORY ORDERS AND SCREENING PANELS

(1) The Committee shall at its first meeting after July 1 of each year elect from its members the following officers:

(a) Chairperson - who shall preside at all meetings of the Committee.

(b) Secretary - who along with the Committee Administrator shall be responsible for correspondence from the Committee.

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

(a) Review complaints and recommend whether and what type disciplinary actions should be instituted as the result of complaints received or investigations conducted by the Division.

(b) Recommend whether and upon what terms a complaint, case or disciplinary action might be settled. Any matter proposed for settlement must be subsequently reviewed, evaluated and ratified by the full Committee and full Board of Medical Examiners before it becomes effective.

(c) Undertake any other matter authorized by a majority vote of the Committee or Board of Medical Examiners.

(3) Responsibilities of the Committee include, but are not limited to:

(a) Adopt and revise rules and regulations as may be necessary to carry out its powers and duties.

(b) Adopt and/or administer examinations;

(c) Examine for, deny, withhold, reactivate, and approve the license of applicants and renew licenses;

(d) Appoint designee(s) to assist in the performance of its duties, (i.e., examination proctors); and

(e) Conduct hearings.

(4) Records and Complaints

(a) Minutes of the Committee meetings and all records, documents, applications and correspondence will be maintained in the Committee's Administrative Offices.

(b) All requests, applications, notices, other communications and correspondence shall be directed to the Committee's Administrative Office. Any requests or inquiries requiring a Committee decision or official Committee 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 Committee at the Committee meeting. Such documents not timely received shall be set over to the next Committee meeting.

(c) All records of the Committee, except those made confidential by law, are open for inspection and examination, under the supervision of an employee of the Division at the Committee's 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.

(5) The Committee members or the Consultant are individually vested with the authority to do the following acts:

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

(b) Serve as Consultant to the Division to decide the following:

1. Whether and what type disciplinary actions should be instituted upon complaints received or investigations conducted by the Division.

2. Whether and under what terms a complaint, case or disciplinary action might be settled. Any proposed settlement must be subsequently ratified by the Committee and Board.

(6) The Committee authorizes the member who chaired the Committee 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.

(7) Requests for Verification of Licensure for Physician Assistants desiring to practice in another state must be made in writing to the Committee's Administrative Office.

(8) 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 0880-03-.06.

(9) Declaratory Orders - The Committee 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 Committee shall be addressed by the Committee pursuant to that rule and not by the Division. Declaratory Order Petition forms can be obtained from the Committee's administrative office.

(10) Screening Panels - The Committee 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.

Notes

Tenn. Comp. R. & Regs. 0880-03-.19

Original rule filed July 7, 1995; effective September 20, 1995. Amendment filed August 21, 1997; effective November 4, 1997. Repeal and new rule filed March 31, 1999; effective July 29, 1999. Amendment filed April 19, 1999; effective July 3, 1999. Amendment filed June 23, 2006; effective September 6, 2006. Amendment filed April 17, 2007; effective July 1, 2007.

Authority: T.C.A. §§ 4-5-105, 4-5-202, 4-5-204, 4-5-223, 4-5-224, 63-1-115, 63-1-117, 63-1-138, 63-6-101, 63-19-103, 63-19-104, 63-19-105, 63-19-111, and 63-19-113.