Tenn. Comp. R. & Regs. 1050-02-.09 - OFFICERS, RECORDS, MEETING REQUESTS, CERTIFICATES OF FITNESS, REPLACEMENT LICENSES, CONSULTANTS, 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 in the absence of
the Board President shall preside at meetings.
(c) Secretary - Who, along with the Board
Administrator, shall be responsible for all correspondence for the
Board.
(2) Minutes of
the Board meetings and all records, documents, applications, and correspondence
will be maintained in the Board's Administrative Office.
(3) All requests, applications, notices,
complaints, 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, 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 members or
the Board consultant/designee are individually vested with the authority to do
the following acts:
(a) Review and make
determinations on licensure, exemption renewal, and reactivation of licensure
applications subject to the rules governing those respective
applications.
(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
matter proposed for settlement must be subsequently considered by the full
Board and either adopted or rejected.
(5) 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.
(6) Requests for Certificate of Fitness for
licensees desiring to practice in another state must be made in writing to the
Board Administrative Office and be accompanied by the fee provided in rule
1050-02-.02.
(7) Requests for
duplicate or replacement licenses must be made in writing to the Board
Administrative Office and be accompanied by the fee provided in rule
1050-02-.02.
(8) Declaratory Orders
- The Board adopts, as if fully set out herein, rule 1200-10-01-.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.
(9)
Screening Panels - Any screening panel(s) established pursuant to T.C.A. §
63-1-138:
(a) Shall have concurrent authority with the
Board members and any individual designated by the Board pursuant to paragraph
(4), to do the acts enumerated in subparagraph (4) (b) subject to the
conditions contained therein.
1. A Screening
panel(s) comprised of two (2) or more persons shall elect a chairperson prior
to convening to conduct business.
2. A screening panel(s) comprised of two (2)
or more persons is required to conduct the informal hearings authorized in
subparagraph (b) immediately below.
(b) After completion of an investigation by
the Division, may upon request of either the state, or the licensee who is the
subject of an investigation with the agreement of the state, or upon request of
both the licensee and the state, conduct a non-binding informal hearing and
make recommendations as a result thereof as to what, if any, terms of
settlement of any potential disciplinary action are appropriate.
1. Neither the Rules of Civil Procedure, the
Rules of Mediation and Arbitration, the Rules of Evidence, or Contested Case
Procedural Rules under the Administrative Procedures Act shall apply in
informal hearings before the screening panel(s).
(i) Evidence may be presented or received in
any manner and in whatever order agreed upon by the parties.
(ii) Prior to convening the panel and in the
absence of an agreement of the parties, the screening panel chairperson shall
determine the manner and order of presentation of evidence.
2. Informal hearings may be
conducted without the participation of the licensee who is the subject of the
investigation.
3. A licensee who is
the subject of an investigation being considered by a screening panel cannot be
compelled to participate in any informal hearing.
4. Proposed settlements reached as a result
of any informal hearing will not become binding and final unless they are:
(i) Approved by a majority of the members of
the screening panel which issued them; and
(ii) Agreed to by both the Department of
Health, by and through its attorney(s), and the licensee; and
(iii) Subsequently presented to and ratified
by the Board.
Notes
Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-9-101, and 63-9-111.
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