Current through September 24, 2024
(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."
(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.
(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).
Authority: T.C.A. §§
4-5-226(b)(2);37-5-101;
37-5-105; 37-5-106; 37-5-112(a); 71-1-105 and 71-3-501 through 71-3-531.
