Tenn. Comp. R. & Regs. 1180-01-.14 - BOARD MEETINGS, OFFICERS, CONSULTANTS, RECORDS AND DECLARATORY ORDERS

The Board is charged with the responsibility of regulating the practice of psychology in order to protect the citizens of Tennessee. The Board, by formulating and administering examinations, credentials candidates for licensure and continues this credentialing process by approving educational seminars for licensees or certificate holders in appropriate subject material, or specific educational requirements for an individual licensee or certificate holder as the result of a censure, reprimand or action taken in a formal hearing conducted or ratified by the Board.

(1) Board meetings.

(a) The time, place and frequency of Board meetings shall be at the discretion of the Board, except at least one (1) meeting shall be held annually.

(b) Special meetings are called at the discretion of the Board chair or at the written request from two (2) members of the Board.

(c) All meetings of the Board shall be open to the public.

(2) The Board shall elect from its members the following officers:

(a) Chair. The member who shall preside at all Board meetings, appoint committees and correspond with other Board members when appropriate.

(b) Vice Chair. The member whose duties will be to preside at a Board meetings in the absence or unavailability of the Chair and who along with the Board administrator shall be responsible for correspondence from the Board and executing all official documents which require the seal of the Board to be affixed.

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

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

(b) Adopt and/or administer examinations.

(c) Examine applications and deny, withhold or approve the licenses or certificates of applicants and renew licenses or certificates.

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

(e) Conduct hearings.

(4) Conflict of interest. Any Board member having an immediate personal, private or financial interest in any matter pending before the Board shall disclose the fact in writing or orally at a public meeting and shall not vote upon such matter.

(5) The Board shall 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) Meet with the Board attorney to review complaints received against licensees or certificate holders.

(b) Act in concert with the attorney to send warning letters of a non-disciplinary nature to licensees or certificate holders, where appropriate, and close complaint files determined by the consultant and the attorney not to constitute violations of the practice act.

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

(d) Recommend whether and/or under what terms a disciplinary action may be settled. Any disciplinary matter proposed for settlement must be subsequently reviewed, evaluated and ratified by the full Board before it becomes effective.

(e) Undertake any other matter authorized by a majority vote of the Board.

(6) 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 or certificate holder become public information only upon the filing of a notice of charges by the Department.

(e) All complaints should be directed to the Investigations Section of Health Related Boards.

(7) Declaratory orders - The Board adopts, as if fully set out herein, rule 1200-10-1-.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.

(8) Reconsiderations and Stays. 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 1360-4-1-.18 regarding petitions for reconsiderations and stays in that case.

Notes

Tenn. Comp. R. & Regs. 1180-01-.14

Original rule filed August 29, 2000; effective November 12, 2000. Amendment filed June 18, 2002; effective November 1, 2002. Amendment filed March 23, 2007; effective June 6, 2007.

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-11-104, 63-11-215, and 63-11-216.