Tenn. Comp. R. & Regs. 0880-12-.19 - COMMITTEE OFFICERS, CONSULTANTS, RECORDS, DECLARATORY ORDERS, AND SCREENING PANELS

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

(a) Chair- who shall preside at all meetings of the Committee; and

(b) Co-Chair - who shall preside at meetings in the absence of the Chair and who along with the Committee Administrator shall be responsible for correspondence from the Committee.

(2) The Committee has the authority to select a Committee consultant who shall serve as a consultant to the Division and who is vested with the authority to do the following acts:

(a) Review complaints and 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 upon what terms a complaint, case or disciplinary action might be settled. Any matter proposed for settlement must be subsequently reviewed, evaluated and ratified by the Committee and Board before it becomes effective.

(c) Undertake any other matter authorized by a majority vote of the Committee and/or Board.

(3) Records and Complaints

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

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

(c) All records of the Committee, except those made confidential by law, are open for inspection and examination, under the supervision of an employee of the Division at the Administrative Office during normal business hours.

(d) Copies of public records shall be provided to any person upon payment of a fee.

(e) All complaints should be directed to the Division's Investigations Section.

(4) The Committee members or the Consultant are individually vested with the authority to do the following acts:

(a) Review and make determinations on certification, renewal and reactivation of applications subject to the rules governing those respective applications and subject to the subsequent ratification by the Committee and Board.

(b) Serve as Consultant to the Division to decide the following:

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

2. Whether and under what terms a complaint, case or disciplinary action might be settled. Any proposed settlement must be subsequently ratified by the Committee and Board before it becomes effective.

(5) The Committee authorizes the member who chaired the Committee for a contested case to be the agency member to make the decisions authorized pursuant to rule 1360-4-1-.18 regarding petitions for reconsideration and stays in that case.

(Chapter 0880-12-.19, continued)

(6) Requests for Verification of Licensure for an acupuncturist or an ADS desiring to practice in another state must be made in writing to the Administrative Office.

(7) Declaratory Orders - The Committee 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 Committee shall be addressed by the Committee pursuant to that rule and not by the Division. Declaratory Order Petition forms can be obtained from the Administrative Office.

(8) Screening Panels - The Committee 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.

Notes

Tenn. Comp. R. & Regs. 0880-12-.19

Original rule filed October 18, 2002; effective January 1, 2003. Amendment filed March 16, 2007; May 30, 2007.

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-1-138, 63-6-101, 63-6-1004, and 63-6-1007.