Tenn. Comp. R. & Regs. 1050-05-.19 - COUNCIL OFFICERS, CONSULTANTS, RECORDS, DECLARATORY ORDERS, AND SCREENING PANELS

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

(a) Chairperson - who shall preside at all meetings of the Council; and

(b) Vice-Chairperson - who shall preside at meetings in the absence of the Chairperson and who along with the Council Administrator shall be responsible for correspondence from the Council.

(2) The Council has the authority to select a Council 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 of 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 Council and Board before it becomes effective.

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

(3) Records and Complaints

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

(b) All requests, applications, notices, other communications and correspondence shall be directed to the Administrative Office. Any requests or inquiries requiring a Council decision or official Council 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 Council at the Council meeting. Such documents not timely received shall be set over to the next Council meeting.

(c) All records of the Council, 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 Council members or the Consultant are individually vested with the authority to do the following acts:

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

(5) The Council authorizes the member who chaired the Council 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.

(6) Requests for Verification of Licensure for a certified midwife desiring to practice in another state must be made in writing to the Administrative Office.

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

(8) Screening Panels - The Council 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. 1050-05-.19

Original rule filed February 4, 2002; effective April 20, 2002. Amendment filed March 8, 2007; effective May 22, 2007. Amendment filed August 9, 2007; effective October 23, 2007.

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-1-138, 63-9-101, 63-29-107, 63-29-114, and 63-29-116.