0250-04-07-.03
Organization And Administration
Cite as Tenn. Comp. R. & Regs. 0250-04-07-.03
(1)
Incorporation: A maternity home may be operated by a person, society, agency, or corporation. If the
maternity home is operated as a corporation, the licensing law provides that no maternity home “shall
receive a certificate of incorporation from the Secretary of State unless there shall first be filed with
the Secretary of
State by the department a commendatory certificate approving the charter. All
amendments to previously granted charters shall take the same course and meet the same
requirements as are herein provided for a new and original charter.”
STANDARDS FOR MATERNITY HOMES
CHAPTER 0250-4-7
(a)
Every private maternity home shall have a governing board. This governing board shall be
broadly representative of the community.
(b)
The governing board of every private maternity home shall establish bylaws and/or written
policies pertaining to its or organization and structure.
(c)
The governing board shall operate according to the bylaws and/or written policies which it has
established.
(2)
The bylaws and/or written policies of the agency shall include the following subjects:
(a)
Name of the agency;
(b)
Purpose, with a description of scope of operation;
(c)
Membership of the governing board;
(d)
Powers and duties of the governing board and advisory board, if applicable;
(e)
Size of the governing board;
(f)
Method of selection and tenure of members of the governing board;
(g)
Method of election of officers and of the governing boards;
(h)
Organization of the governing board and its committees, enumerating their respective
responsibilities;
(i)
Method of calling meetings of the governing board, including annual meetings;
(j)
Frequency of meetings, quorum requirements, rules or order;
(k)
Statement of agency’s fiscal year;
(l)
Responsibilities of the administrator and his/her relationship to the governing board; and
(m)
Method of amending the bylaws and/or changing written policies.
(3)
The bylaws or policies shall be reviewed every three (3) years and changes made where necessary.
(4)
No more than one third of the governing board shall be employees of the agency.
(5)
Board of Directors:
(a)
Every maternity home operating as a corporation shall have a board of directors which operates
as the responsible representative of the community and m the governing board of the agency.
(b)
There shall be a plan for rotation of the governing board. Members shall serve no more than
nine (9) consecutive years.
(c)
There shall be a minimum of six (6) meetings per year.
(d)
The governing board shall select and appoint an administrator to whom shall be delegated the
responsibility for administering the agency.
STANDARDS FOR MATERNITY HOMES
CHAPTER 0250-4-7
(e)
The governing board shall secure adequate funds for the maintenance of the program to which
the agency is committed.
(f)
The governing board shall assume joint responsibility with the administrator for formulating
and evaluating the general program plans and policies of the agency.
(g)
The governing board shall account for the expenditure of funds and for the service of the
agency.
(h)
The governing board shall not be involved in any individual cases unless the board member is
a staff person whose job description authorizes such involvement.
(i)
Officers shall be elected annually with consecutive terms limited to two (2).