panel(s) established pursuant to T.C.A. §
shall have concurrent
authority with the members of the applicable Board and with any individual
practitioner designated by the applicable Board pursuant to such Board's
authority to select consultant(s), to decide the following:
(a) What, if any, investigation should be
instituted upon complaints received by the Division; and
(b) Whether a licensee who is the subject of
a complaint received and/or an investigation conducted by the Division is an
appropriate candidate pursuant to Board established guidelines for diversion to
a professional peer review organization and/or impaired professional
(c) Whether a
disciplinary action should be instituted against a licensee; and
(d) What, if any, terms of settlement should
be offered to a licensee. A proposed settlement for formal discipline will not
become final unless it is subsequently ratified by the applicable Board or a
duly constituted panel of the applicable Board.
(2) A screening panel comprised of two (2) or
more persons shall elect a chairperson prior to convening to conduct business.
A screening panel shall include at least one (1) individual currently licensed
by the applicable Board.
screening panel comprised of two (2) or more persons is required in order to
conduct the informal hearings set forth in paragraph (6).
(4) When, and only when, a screening panel is
used as a mechanism to resolve issues that are internal to the Division
involving a complaint and/or an investigation, and no agreement that is binding
on the subject of the complaint/investigation is authorized to be reached, the
subject of the complaint/investigation need not be present and no prior or
subsequent notice of such meeting of a screening panel need be issued to the
subject of the complaint/investigation.
(5) The Division shall provide notification
and explanation to the Boards when there are substantive amendments to this
After completion of an
investigation by the Division, a screening panel, upon request of either the
Department or the licensee who is the subject of an investigation, but only
with the agreement of the Department, or upon request of both the licensee and
the Department, may conduct an informal hearing and make recommendations as a
result thereof as to what, if any, disciplinary action is appropriate. Any
proposed settlement for formal discipline must be finalized pursuant to
subparagraph (c) below.
(a) The Rules of Civil
Procedure, the Rules of Alternative Dispute Resolution, the Rules of Evidence,
and the Contested Case Procedural Rules under the Administrative Procedures Act
shall not apply in informal hearings before the screening panel(s).
(b) A licensee who is the subject of an
investigation being considered by a screening panel cannot be compelled to
participate in any informal hearing.
Proposed settlements for formal
discipline will not become binding and final unless they are:
1. Approved by a majority of the members of
the screening panel which issued them; and
2. Agreed to by both the Department and the
presented to and ratified by the applicable Board or a duly constituted panel
of the applicable Board.