Current through April 3, 2024
(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; and two (2)
consumer members who are not affiliated with the practice of
chiropractic.
(c) Appointments are
made from a list of qualified candidates by the governor.
(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.
(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.
(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 not delegate its
authority to select aboard consultant who shall serve as a consultant to the
Division and who is 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
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.
(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 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.
(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 1200-10-1-.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.
(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:
______________________________________________________
______________________________________________________
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:
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
_________________________
Licensees Signature
Mail or Deliver to:
Administrator
Tennessee Board of Chiropractic Examiners
227 French Landing, Suite 300
Heritage Place, MetroCenter
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 1360-4-1-.18 regarding petitions for
reconsiderations and stays in that case.
Authority: T.C.A. §§
4-5-202,
4-5-204, 63-4-103, 63-4-106,
63-4-114, and 63-4-115.
