Section 1730-05-.09 - BOARD CONSULTANTS, RECORDS AND COMPLAINTS, AND DECLARATORY ORDERS(1) Board Consultants are appointed by the Board and vested with the authority to do the following acts: (a) Review and make determinations on certification, exemption, renewal, and reactivation of certification 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 informally settled. Any matter proposed for informal settlement must be subsequently ratified by the full Board before it will become effective.3. Make determinations, subject to subsequent ratification by the full Board, on petitions for stay of Board Orders pursuant to Rule 1360-04-01-.18.4. Undertake any other matters authorized by a majority vote of the Board.(2) 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.(3) Records and Complaints (a) Minutes of the board meetings and all records, documents, applications, and correspondence will be maintained in the Board's administrative office.(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 certificate holder become public information only upon the filing of a notice of charges by the Department of Health.(4) Requests for verification of certification to practice in another state must be made in writing to the Board's administrative office.(5) Declaratory Orders - The Board adopts, as if fully set 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 form the Board's administrative office.Tenn. Comp. R. & Regs. 1730-05-.09
Original rule filed December 21, 1999; effective March 5, 2000. Amendment filed August 24, 2000; effective November 7, 2000.Authority: T.C.A. §§ 4-5-202, 4-5-204, 4-5-223, 4-5-224, 63-12-105, 63-12-106, and 63-12-107.