Section 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.Tenn. Comp. R. & Regs. 1050-02-.09
Original rule filed April 10, 2000; effective June 24, 2000. Amendment filed July 27, 2000; effective October 10, 2000. Amendment filed October 2, 2002; effective December 16, 2002. Amendment filed March 22, 2007; effective June 5, 2007.Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-9-101, and 63-9-111.