Section 1180-05-.17 - COMMITTEE MEETINGS, OFFICERS, CONSULTANTS, RECORDS AND DECLARATORY ORDERS AND SCREENING PANELS(1) The Committee shall at its first meeting after July 1 of each year elect from its members the following officers:(a) Chairperson - who shall preside at all meetings of the Committee.(b) The Chairperson of the Committee shall be an ex officio voting member of the Board of Examiners in Psychology.(2) The Committee has the authority to select a Committee 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 with the Committee attorney and 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 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 full Committee and the full Board of Examiners in Psychology before it becomes effective.(c) Undertake any other matter authorized by a majority vote of the Committee or the Board of Examiners in Psychology.(3) Records and complaints. (a) All requests, applications, notices, other communications and correspondence shall be directed to the Committee's administrative office. Any requests or inquiries requiring a Committee decision or official Committee action, except documents relating to disciplinary actions or hearing requests, must be received fourteen (14) days prior to a scheduled meeting. Requests not timely received may be set over to the next Committee meeting.(b) All records of the Committee, except those made confidential by law, are open for inspection and examination under the supervision of an employee of the Division at the Committee's administrative office during normal business hours.(c) Copies of public records shall be provided to any person upon payment of reasonable costs as permitted under T.C.A. § 10-7-506(c).(d) Minutes of the Committee meetings and all records, documents, applications and correspondence will be maintained in the Committee's administrative office.(e) All complaints should be directed to the Office of Investigations of the Health Related Boards.(4) The Committee members or the consultant are individually vested with the authority to do the following acts: (a) Review and make determination on licensure, renewal and reactivation of licensure applications subject to the rules governing those respective applications and subject to the subsequent ratification by the Committee and the 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 Committee and the Board.(5) The Committee authorizes the member who chaired the Committee for a contested case to make the decisions authorized pursuant to rule 1360-05-01.18 regarding petitions for reconsiderations and stays in that case.(6) Requests for verification of licensure for licensed behavior analysts and licensed assistant behavior analysts desiring to practice in another state must be made in writing to the Committee's administrative office.(7) Declaratory orders - The Committee 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 Committee shall be addressed by the Committee pursuant to that rule and not by the Division. Declaratory order petition forms can be obtained from the Committee's administrative office.(8) Screening panels- The Committee adopts, as if fully set out herein, rule 1200-10-01.13, 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. 1180-05-.17
Original rule filed March 23, 2017; effective 6/21/2017.Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-2-102, 63-11-101, 63-11-104, 63-11-215, 63-11-216, 63-11-303, and 63-11-310.