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, one member who is a chiropractic x-ray technician or chiropractic therapy assistant and who has been licensed in this state for not less than two (2) years and one (1) consumer member who is not affiliated with the practice of chiropractic. (c) Appointments are made from a list of qualified candidates by the governor. GENERAL RULES GOVERNING CHIROPRACTIC EXAMINERS CHAPTER 0260-02 (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. The president, along with the Board Unit Director, when authorized, shall be responsible for correspondence from the Board and to execute all official documents which require the seal of the Board to be affixed. (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. GENERAL RULES GOVERNING CHIROPRACTIC EXAMINERS CHAPTER 0260-02 (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 select one or more Board consultants who shall serve as a consultant to the Division and shall be 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 of 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. (f) The composition of Board consultants may include three (3) 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 ten (10) years. (g) The Board consultants’ licenses shall be unencumbered and in good standing prior to and throughout their term without any prior disciplinary action unless approved by the Board. (h) The Board consultant may be appointed by the Board for a term of up to five (5) years. The Board will appoint one of its members to consult with the Board attorney and an official from the office of investigations to review the current status and continued qualifications of the consultant toward the end of their term. An additional term may be granted upon approval from the Board. (i) Any consultant having an immediate personal, private, or financial interest in any matter pending before the Board or being investigated shall disclose the fact in writing to the Board. (j) The Board may appoint a chiropractic physician who is certified in animal chiropractic to serve as a consultant in matters involving the practice of animal chiropractic. (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 fourteen (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. GENERAL RULES GOVERNING CHIROPRACTIC EXAMINERS CHAPTER 0260-02 (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 1200-10-01-.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. (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: GENERAL RULES GOVERNING CHIROPRACTIC EXAMINERS CHAPTER 0260-02 _____________________________________________________ _____________________________________________________ 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: ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________ Licensee’s Signature Mail or Deliver to: Administrator Tennessee Board of Chiropractic Examiners 665 Mainstream Drive 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 1360-04-01-.18 regarding petitions for reconsiderations and stays in that case.