(a) The time, place, and frequency of Board
meetings shall be at the discretion of the Board, except at least one meeting
shall be held annually.
meetings are called at the discretion of the Board chairman or at the written
request from two (2) members of the Board.
(c) A majority of the members of the Board
shall at all times constitute a quorum.
(d) All meetings of the Board shall be open
to the public.
Board shall elect from its members the following officers:
(a) Chairman - who shall preside at all Board
meetings, appoint committees and correspond with other board members when
(b) Secretary - who
along with the Board administrator shall be responsible for correspondence from
the Board and the execution of all official documents which require the seal of
the Board to be affixed.
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) Recommend whether and what type
disciplinary actions should be instituted as the result of complaints received
or investigations conducted by the Division.
(b) Undertake any other matter authorized by
a majority vote of the Board.
Records and Complaints
(a) All requests, applications, notices,
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 or
hearing requests, must be received fourteen (14) days prior to a scheduled
Board meeting and will be retained in the Board's administrative office and
presented to the Board at the Board meeting.
(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
during normal business hours.
Copies of public records shall be provided to any person upon payment of the
cost of copying.
made against a licensee become public information only upon the filing of a
notice of charges by the Department of Health.
(e) All complaints should be directed to the
Tennessee Department of Health, Office of Investigation, 3rd Floor, Cordell
Hull Building, 425 Fifth Avenue North, Nashville, TN 37247-0110.
(5) 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
Rulings - Any person who is affected by any matter within the jurisdiction of
the Board and who holds a license or certificate issued pursuant to Chapter 3
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. § 63-3-202
(b) (2). The procedures for obtaining and issuance of advisory rulings are as
(a) The licensee or certificate
holder shall submit the request to the Board Administrative Office on the form
contained in paragraph (6)(e) providing all the necessary information;
(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
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
(d) Upon adoption by the
Board the ruling shall be transmitted to the requesting licensee or certificate
holder. The ruling shall have only such effect as is set forth in T.C.A. §
63-3-202 (b) (2).
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 Podiatric Medical Examiners Request for Advisory
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(7) 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.
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 1360-04-01-.18 regarding petitions for reconsiderations and
stays in that case.