Section 0450-01-.19 - BOARD MEETINGS, OFFICERS, CONSULTANTS, RECORDS, DECLARATORY ORDERS, AND SCREENING PANELS(1) Description of Organization(a) The Board of Professional Counselors and Marital and Family Therapists is composed by law of five members appointed by the governor to staggered terms of five years.(b) The composition of the board shall include two licensed or certified professional counselors, two licensed or certified marital and family therapists, and one citizen(c) Appointments are made from lists of qualified candidates submitted to the governor.(2) Purpose of Board - The board is charged by law with the responsibility of regulating the practice of professional counseling and marital and family therapy.(3) Board Meetings. (a) The time, place, and frequency of board meetings shall be at the discretion of the board except at least one meeting shall be held annually.(b) Special meetings are called at the discretion of the President or at the request of two members of the board.(c) Three members of the board shall at all times constitute a quorum.(d) All meetings of the board shall be open to the public.(4) The board shall each July elect from its members the following officers: (a) President - who shall preside at all board meetings.(b) Vice President - who shall preside in the absence of the President.(c) Secretary - who along with the board administrator shall be responsible for correspondence from the board.(5) Responsibilities of the board include, but are not limited to:(a) Adopt and revise rules and regulations as may be necessary to carry out its powers and duties;(b) Adopt and/or administer examinations;(c) Examine for, deny, withhold, or approve the license of an applicant and renew licenses or certificates;(d) Establish continuing education requirements;(e) Appoint designee to assist in the performance of its duties, i.e., oral examination committee; and(6) Board Conflict of Interest - Any board member having an immediate personal, private, or financial interest in any matter pending before the board shall disclose the fact in writing, and shall not vote upon such matter.(7) The board has the authority to select a board consultant who shall serve as a consultant to the Division and who is vested with the authority to do the following acts:(a) Recommend whether and under what type disciplinary actions should be instituted as the result of complaints received or investigations conducted by the Division.(b) Recommend whether and what terms a complaint, case or disciplinary action might be informally settled. Any matter proposed for informal settlement must be subsequently ratified by the full board before it will become effective.(c) Undertake any other matter authorized by a majority vote.(8) Records and Complaints(a) All requests, applications, notices, 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 or hearing requests, must be received 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 documentation not timely received shall be set over to the next board meeting.(b) All records of the board, except those made confidential by law, are open for inspection and examination, under the supervision of an employee of the Division at the board's administrative office.(c) Copies of public records shall be provided to any person upon payment of the cost of copying.(d) Complaints made against a licensed or certified practitioner become public information only upon the filing of a notice of charges by the Department of Health.(e) All complaints should be directed to the Investigations Section of Health Related Boards.(9) Declaratory Orders - The Board 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 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.(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.Tenn. Comp. R. & Regs. 0450-01-.19
Original rule filed April 29, 1992; effective June 13, 1992. Amendment filed August 13, 1999; effective October 27, 1999. Amendment filed April 17, 2007; effective July 1, 2007.Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-1-138, 63-22-102, and 63-22-110.