Tenn. Comp. R. & Regs. 0260-02-.19

Current through October 22, 2024

Section 0260-02-.19 - BOARD MEMBERS, OFFICERS, CONSULTANTS, RECORDS, DECLARATORY ORDERS, AND ADVISORY RULINGS

(1) Description of Organization

(a) The Board of Chiropractic Examiners is composed by law of seven members appointed by the governor to staggered terms of five (5) years. Each member shall serve until a successor is appointed.

(b) The composition of the board shall include five (5) licensed chiropractic physicians who are residents in Tennessee and have been actively engaged in practice of their profession in Tennessee for a period of at least five (5) years; and two (2) consumer members who are not affiliated with the practice of chiropractic.

(c) Appointments are made from a list of qualified candidates by the governor.

(2) Purpose of the Board

(a) The board is charged by law with the responsibility of regulating the practice of chiropractic in order to protect the citizens of Tennessee, additionally;

(b) The board, by formulating and administering examinations, credentializes candidates for licensure and continues this credentialization process by approving educational seminars for licensees in appropriate subject material, or specific educational requirements for an individual licensee as conditions that may be appropriate as the results of a censure, reprimand or action taken in a formal hearing conducted or ratified by the board.

(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 board president or at the written request from four (4) members of the board.

(c) Four 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 elect from its members the following officers:

(a) President - who shall preside at all board meetings, appoint committees and correspond with other board members when appropriate.

(b) Vice President - whose duties will be to preside at a particular meeting in the absence or unavailability of the president. To serve only upon the issuance of notification from the president which will also be given to the board Unit Director.

(c) Secretary - who along with the board Unit Director shall be responsible for correspondence from the board and to execute all official documents which require the seal of the board to be affixed.

(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 applicants and renew licenses;

(d) Appoint designee(s) to assist in the performance of its duties, (i.e., examination proctors); and

(e) Conduct hearings.

(6) 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.

(7) The board shall not delegate its authority to select aboard consultant who shall serve as a consultant to the Division and who is vested with the authority to do the following acts:

(a) Meet with the Board attorney to review complaints received against licensees.

(b) Acting in concert with the attorney to send warning letters of a non-disciplinary nature to licensees, where appropriate, and close complaint files determined by the consultant and the attorney not to constitute violations of the practice act.

(c) Recommend whether and what type disciplinary actions should be instituted as the result of complaints received or investigations conducted by the Division.

(d) Recommend whether and/or what terms a disciplinary action might be settled. Any disciplinary matter proposed for settlement must be subsequently reviewed, evaluated and ratified by the full board before it becomes effective.

(e) Undertake any other matter authorized by a majority vote of the board.

(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 request, must be received 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.

(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 during normal business hours.

(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.

(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) Advisory Rulings - Any person who is affected by any matter within the jurisdiction of the Board and who holds a license issued pursuant to Chapter 4 of Title 63 of the Tennessee Code Annotated, may submit a written request for an advisory ruling subject to the limitations imposed by T.C.A. §§ 63-4-103(4). The procedures for obtaining and issuance of advisory rulings are as follows:

(a) The licensee shall submit the request to the Board Administrative Office on the form contained in subparagraph (e) providing all the necessary information; and

(b) The request, upon receipt, shall be referred to the Board's administrative staff for research, review and submission of a proposed ruling to the Board for its consideration at the next meeting after the draft ruling has been approved by the Board's consultant and advisory attorney; and

(c) The Board shall review the proposed ruling and either make whatever revisions or substitutions it deems necessary for issuance or refer it back to the administrative staff for further research and drafting recommended by the Board; and

(d) Upon adoption by the Board the ruling shall be transmitted to the requesting licensee. The ruling shall have only such effect as is set forth in T.C.A. §§ 63-4-103(4).

(e) Any request for an advisory ruling shall be made on the following form, a copy of which may be obtained from the Board's Administrative Office:

Board of Chiropractic Examiners

Request for Advisory Ruling

Date: __________________________________

Licensee's Name: ________________________

Licensee's Address: ______________________

Zip Code:_______________________________

License Number: _________________________

1. The specific question or issue for which the ruling is requested:

______________________________________________________

2. The facts that gave rise to the specific question or issue:

______________________________________________________

3. The specific statutes and/or rules which are applicable to the question or issue:

______________________________________________________

_________________________

Licensees Signature

Mail or Deliver to:

Administrator

Tennessee Board of Chiropractic Examiners

227 French Landing, Suite 300

Heritage Place, MetroCenter

Nashville, TN 37243

(11) 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 1360-4-1-.18 regarding petitions for reconsiderations and stays in that case.

Tenn. Comp. R. & Regs. 0260-02-.19

Original rule filed December 28, 1995; effective March 12, 1996. Amendment filed November 22, 1999; effective February 5, 2000. Amendment filed December 13, 2000; effective February 26, 2001. Amendment filed August 26, 2002; effective November 9, 2002. Amendments filed October 10, 2005; effective December 24, 2005. Amendment filed March 16, 2007; effective May 30, 2007.

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-4-103, 63-4-106, 63-4-114, and 63-4-115.