Tenn. Comp. R. & Regs. 0460-01-.03 - BOARD OFFICERS, CONSULTANTS, MEETINGS, DECLARATORY ORDERS, AND SCREENING PANELS

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

(a) President - who shall preside at all Board meetings.

(b) Vice President - who shall preside at Board meetings in the absence of the President.

(c) Secretary-Treasurer - who along with the Board Administrator shall be responsible for correspondence from the Board.

(2) Minutes of the Board meetings and all records, documents, applications, and correspondence will be maintained in the Board Administrative Office.

(3) All requests, applications, notices, complaints, other communications and correspondence shall be directed to the Board Administrative Office. Any requests or inquiries requiring a Board decision or official Board action except documents relating to disciplinary actions, declaratory orders or hearing requests must be received fourteen (14) days prior to a scheduled Board meeting and will be retained in the Administrative Office and presented to the Board at the Board meeting. Such documents not timely received shall be set over to the next Board meeting.

(4) The Board authorizes its designee, who shall be a Board designated licensed dentist employed by the Division, to act as the Board consultant and who is vested with the authority of the Board to do the following acts:

(a) Review and make determinations on licensure, registration, certification, permits, exemption, renewal, and reactivation of licensure or registration applications subject to the rules governing those respective applications.

(b) Serve as consultant to the Board to make determinations, subject to subsequent ratification by the full Board, of the following:

1. Applications by out of state practitioners for permission to consult or operate in Tennessee pursuant to T.C.A. § 63-5-109(4).

2. Approve or reject special projects pursuant to T.C.A. § 63-5-109(5) and T.C.A. § 63-5-109(12).

3. Approve or reject agencies employing dental interns, externs or graduates of dental and dental hygiene schools pursuant to T.C.A. § 63-5-109(9).

4. Approve or reject research or development projects pursuant to T.C.A. § 63-5-109(10).

5. Approve or reject protocols for delivery of services in health care facilities by dental hygienists pursuant to T.C.A. § 63-5-115(d).

6. Any other matter authorized by a majority vote of the Board.

(5) In addition to the board consultant described in paragraph (4), consultants may be recruited from licensed dentists in Tennessee, who meet certain qualifications including, but not limited to those qualifications required for board membership, to act as rotational (part-time) consultants to the Division to decide the following:

(a) Whether and what type disciplinary actions should be instituted upon complaints received or investigations conducted by the Division.

(b) Whether and under what terms a complaint, case or disciplinary action might be settled or closed. Any matter proposed for settlement must be subsequently ratified by the full Board before it will become effective.

(c) Whether and under what terms a complaint might be closed with a letter of warning, letter of concern, or acknowledgement of closure.

(6) The salary of the Secretary of the Board shall be set at $000.00 so long as the consultant authorized by paragraph (4) of this rule is designated. In the event that the Secretary acts as the Board consultant, the salary of the secretary shall be five hundred dollars ($500.00) each month.

(7) Request for Certificates of Fitness (verifications) for licensees or registrants desiring to practice in another state must be made in writing to the Board Administrative Office.

(8) Request for duplicate or replacement licenses or registrations must be made in writing on a form to be supplied by the Board and forwarded to the Board's Administrative Office with the fee required in Rule 0460-01-.02.

(9) Declaratory Orders. The Board adopts, as if fully set out herein, Rule 1200-10-1-.11 of the Division of Health Related Boards, 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 the rule and not by the Division. Declaratory order petition forms can be obtained from the Board's Administrative office.

(10) Screening Panels - The Board adopts, as if fully set out herein, Rule 1200-10-1-.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.

(11) 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 1360-4-1-.18 regarding petitions for reconsiderations and stays in that case.

Notes

Tenn. Comp. R. & Regs. 0460-01-.03

Original rule certified June 7, 1974. Repeal and new rule filed August 26, 1980; effective December 1, 1980. Amendment filed December 2, 1980; effective March 31, 1981. Amendment filed October 13, 1983; effective November 14, 1983. Amendment filed September 21, 1989; effective November 5, 1989. Amendment filed April 30, 1991; effective June 14, 1991. Repeal and new rule filed December 11, 1991; effective January 25, 1992. Amendment filed March 20, 1996; effective June 3, 1996. Amendment filed May 15, 1996; effective September 27, 1996. Amendment filed April 10, 2001; effective June 24, 2001. Amendment filed April 10, 2002; effective June 24, 2002. Amendment filed July 21, 2004; effective October 4, 2004. Amendment filed April 5, 2006; effective June 19, 2006. Amendment filed September 25, 2008; effective December 9, 2008.

Authority: T.C.A. §§ 4-5-202, 4-5-204, 4-5-223, 4-5-224, 4-5-225, 63-1-106, 63-1-108, 63-1-118, 63-1132, 63-1-138, 63-5-105, 63-5-116 and 63-5-124.