Tenn. Comp. R. & Regs. 1200-10-01-.13

Current through December 10, 2024

Section 1200-10-01-.13 - SCREENING PANELS

(1) Any screening panel(s) established pursuant to T.C.A. § 63-1-138 shall have concurrent authority with the members of the applicable Board and with any individual practitioner designated by the applicable Board pursuant to such Board's authority to select consultant(s), to decide the following:

(a) What, if any, investigation should be instituted upon complaints received by the Division; and

(b) Whether a licensee who is the subject of a complaint received and/or an investigation conducted by the Division is an appropriate candidate pursuant to Board established guidelines for diversion to a professional peer review organization and/or impaired professional association; and

(c) Whether a disciplinary action should be instituted against a licensee; and

(d) What, if any, terms of settlement should be offered to a licensee. A proposed settlement for formal discipline will not become final unless it is subsequently ratified by the applicable Board or a duly constituted panel of the applicable Board.

(2) A screening panel comprised of two (2) or more persons shall elect a chairperson prior to convening to conduct business. A screening panel shall include at least one (1) individual currently licensed by the applicable Board.

(3) A screening panel comprised of two (2) or more persons is required in order to conduct the informal hearings set forth in paragraph (6).

(4) When, and only when, a screening panel is used as a mechanism to resolve issues that are internal to the Division involving a complaint and/or an investigation, and no agreement that is binding on the subject of the complaint/investigation is authorized to be reached, the subject of the complaint/investigation need not be present and no prior or subsequent notice of such meeting of a screening panel need be issued to the subject of the complaint/investigation.

(5) The Division shall provide notification and explanation to the Boards when there are substantive amendments to this rule.

(6) After completion of an investigation by the Division, a screening panel, upon request of either the Department or the licensee who is the subject of an investigation, but only with the agreement of the Department, or upon request of both the licensee and the Department, may conduct an informal hearing and make recommendations as a result thereof as to what, if any, disciplinary action is appropriate. Any proposed settlement for formal discipline must be finalized pursuant to subparagraph (c) below.

(a) The Rules of Civil Procedure, the Rules of Alternative Dispute Resolution, the Rules of Evidence, and the Contested Case Procedural Rules under the Administrative Procedures Act shall not apply in informal hearings before the screening panel(s).

(b) A licensee who is the subject of an investigation being considered by a screening panel cannot be compelled to participate in any informal hearing.

(c) Proposed settlements for formal discipline will not become binding and final unless they are:

1. Approved by a majority of the members of the screening panel which issued them; and

2. Agreed to by both the Department and the licensee; and

3. Subsequently presented to and ratified by the applicable Board or a duly constituted panel of the applicable Board.

Tenn. Comp. R. & Regs. 1200-10-01-.13

Original rule filed April 5, 2006; effective August 28, 2006.

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-1-132, and 63-1-138.