Section 1150-02-.19 - BOARD MEETINGS, OFFICERS, CONSULTANTS, RECORDS AND DECLARATORY ORDERS(1) Purpose of Board - The Board is charged by law with the responsibility of regulating the practice of occupational therapy.(2) 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 Chair or at the request of two members of the Board provided all members are adequately notified.(c) Three members of the Board shall at all times constitute a quorum.(d) All meetings of the Board shall be open to the public.(e) Non-board members present at meetings may address the Board only upon recognition by the chair.(3) The Board shall elect from its members the following officers:(a) Chair - who shall preside at all Board meetings.(b) Secretary - who shall preside in the absence of the chair and who along with the Board's administrator shall be responsible for correspondence from the Board.(4) Responsibilities of the Board include, but are not limited to: (a) Adopting and revising rules and regulations as may be necessary to carry out its powers and duties;(b) Adopting and/or administering examinations;(c) Denying, withholding, or approving the licensure of an applicant and renewing licenses pursuant to rule 1150-02-.07;(d) Appointing designees to assist in the performance of its duties, i.e., written examination, proctors; and(5) Board Conflict of Interest - 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.(6) Board consultants are appointed by the Board and vested with the authority to do the following acts: (a) 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 under what terms a complaint, case or disciplinary action might be settled. Any matter proposed for settlement must be subsequently ratified by the full Board before it will become effective.(c) Undertake any other matters authorized by a majority vote of the Board.(7) 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 requests, must be received 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 documentation not timely received shall be set over to the next 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.(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.(8) 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.Tenn. Comp. R. & Regs. 1150-02-.19
Original rule filed March 15, 1996; effective May 29, 1996. Amendment filed June 10, 1999; effective August 24, 1999. Amendment filed October 11, 2005; effective December 25, 2005. Amendment filed April 17, 2007; effective July 1, 2007.Authority: T.C.A. §§ 4-5-202, 4-5-204, 4-5-223, 4-5-224, 63-1-117, 63-13-103, 63-13-104, 63-13-105, 63-13-108, 63-13-202, 63-13-203, and 63-13-209.