Tenn. Comp. R. & Regs. 0880-14-.08 - OFFICERS, CONSULTANTS, RECORDS, ADVISORY RULINGS, AND SCREENING PANELS

Current through March 20, 2022

(1) The Committee shall elect annually from its members the following officers:
(a) "Chairperson" who shall preside at all Committee meetings, and appoint committees.
(b) "Secretary" who in the absence of the chairperson shall preside at Committee meetings and who, along with the Committee's Director, shall be responsible for correspondence from the Committee and execution of all official documents requiring the seal of the Committee to be affixed.
(2) The Committee shall select as a Committee consultant a designee(s) who may serve as a consultant(s) to the Division and who may perform the following acts:
(a) Review complaints.
(b) Request patient records under T.C.A. § 63-1-117.
(c) Review and approve all types of applications for issuance of a temporary authorization pursuant to T.C.A. § 63-31-107, subject to subsequent ratification by the Committee before full licensure, renewal or reinstatement can issue.
(3) Records and Complaints
(a) All requests, applications, notices, other communications and correspondence shall be directed to the Committee 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 at least fourteen (14) days prior to a scheduled Committee meeting. Requests or inquiries not timely received will be retained in the Committee Office and presented at the next Committee meeting.
(b) 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 Office during normal business hours.
(c) All complaints should be directed to the Committee Office.
(4) Advisory Rulings - Any licensee who is affected by any matter within the jurisdiction of the Committee may submit a written request for an advisory ruling subject to the limitations imposed by T.C.A. § 63-31-104. The procedures for obtaining and for issuance of advisory rulings are as follows:
(a) The licensee shall submit the request to the Committee Office providing:
1. The specific question or issue for which the ruling is requested;
2. The facts that gave rise to the specific question or issue; and
3. The specific statutes and/or rules which are applicable to the question or issue.
(b) The Committee may review the request at its next scheduled meeting.
(c) Upon adoption by the Committee an advisory ruling shall be transmitted to the requesting licensee. The ruling shall have only such affect as is set forth in T.C.A. § 63-31-104.
(5) 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.
(6) Reconsiderations and Stays - 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.

Notes

Tenn. Comp. R. & Regs. 0880-14-.08
Original rule filed March 2, 2010; effective May 31, 2010. Amendments filed May 25, 2017; effective 8/23/2017.

Authority: T.C.A. §§ 63-1-115, 63-1-117, 63-1-138, 63-6-101, 63-31-103, 63-31-104, and 63-31-112.

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