Tenn. Comp. R. & Regs. 1200-06-01-.19 - BOARD MEETINGS, OFFICERS, CONSULTANTS, DECLARATORY ORDERS, AND SCREENING PANELS

(1) Board Meeting:
(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. All meetings of the Board shall be open to the public.
(b) Special meetings are called at the discretion of the Chair or at the request of two members of the Board, provided all members are adequately notified.
(c) Non-Board members present at meetings may address the Board only on recognition by the Chairperson.
(2) The Board shall elect annually from its members the following officers:
(a) Full Board Chair - who shall preside at all Board meetings.
(b) Personnel and Education Licensure Committee Chair - who shall preside at Personnel and Education Licensure Committee meetings.
(c) Vice-Chairperson - who shall preside in the absence of the Chair.
(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) Recommend whether and under what terms a complaint case or disciplinary action might be settled. Any matter proposed for settlement must be subsequently ratified by the full Board before it will become effective.
(c) Undertake any other matters 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 a minimum of 14 days prior to the scheduled Board meeting and will be retained in the administrative office and presented to the Board at the meeting. Documentation not timely received may be deferred to the next 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.
(c) Copies of public records shall be provided to any person upon payment of the cost of copying.
(5) Declaratory Orders - The Board adopts, as if fully set out herein, Rule 1200-10-01-.11 Declaratory Orders 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) 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.
(7) 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. 1200-06-01-.19
Original rule filed May 3, 1995; effective July 17, 1995. Amendment filed September 9, 1996; effective November 23, 1996. Amendment filed March 4, 1998; effective May 20, 1998. Amendment filed June 10, 1999; effective October 28, 1999. Amendment filed March 22, 2001; effective June 5, 2001. Amendment filed August 25, 2003; effective November 8, 2003. Amendment filed March 16, 2007; effective May 30, 2007. Amendments filed January 13, 2022; effective 4/13/2022.

Authority: T.C.A. §§ 4-5-202, 4-5-204, 4-5-223, 4-5-224, 63-1-105, 63-1-113, 63-1-138, 68-29-105, 6829-109, and 68-29-127.

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