Tenn. Comp. R. & Regs. 1155-02-.19 - BOARD MEETINGS, OFFICERS, CONSULTANTS, RECORDS, DECLARATORY ORDERS, ADVISORY RULINGS AND SCREENING PANELS

(1) Board Meetings

(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.

(b) Special 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.

(2) The 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 appropriate.

(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.

(3) 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.

(4) 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.

(c) Copies of public records shall be provided to any person upon payment of the cost of copying.

(d) Complaints 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 administrative office.

(6) Advisory 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 follows:

(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; 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 consultant 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 or certificate holder. The ruling shall have only such effect as is set forth in T.C.A. § 63-3-202 (b) (2).

(e) Any request 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 Ruling

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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.

(8) Stays 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.

Notes

Tenn. Comp. R. & Regs. 1155-02-.19

Original rule filed November 10, 1998; effective January 14, 1999. Amendment filed October 28, 1999; effective January 11, 2000. Amendment filed March 23, 2007; effective June 6, 2007. Amendment filed August 9, 2007; effective October 23, 2007.

Authority: T.C.A. §§ 4-5-107, 4-5-202, 4-5-204, 4-5-223, 4-5-224, 63-1-117, 63-1-123, 63-1-124, 63-1-138, 63-3-103, 63-3-104, 63-3-106, 63-3-119, 63-3-202, and 63-3-212.