Section 0470-01-.19 - BOARD MEETINGS, OFFICERS, CONSULTANTS, RECORDS, DECLARATORY ORDERS, AND SCREENING PANELS(1) 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 board chair 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.(2) The board shall elect from its members the following officers: (a) Chairperson - who shall preside at all board meetings.(b) Secretary - who along with the board administrator shall be responsible for correspondence from the board.(3) Board Conflict of Interests - 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.(4) 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 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.(5) 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 at least 14 days prior to a scheduled board meeting and will be retained in the board's 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 licensee 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.(6) 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.(7) 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. 0470-01-.19
Original rule filed December 18, 1995; effective March 1, 1996. Amendment filed September 9, 1999; effective November 22, 1999. Amendment filed December 29, 2006; effective date March 14, 2007.Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-1-138, 63-25-107, and 63-25-110.