Current through September 24, 2024
(1) Description of
Organization
(a) The Board of Professional
Counselors and Marital and Family Therapists is composed by law of five members
appointed by the governor to staggered terms of five years.
(b) The composition of the board shall
include two licensed or certified professional counselors, two licensed or
certified marital and family therapists, and one citizen
(c) Appointments are made from lists of
qualified candidates submitted to the governor.
(2) Purpose of Board - The board is charged
by law with the responsibility of regulating the practice of professional
counseling and marital and family therapy.
(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 President or at the request of two
members of the board.
(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.
(4) The
board shall each July elect from its members the following officers:
(a) President - who shall preside at all
board meetings.
(b) Vice President
- who shall preside in the absence of the President.
(c) Secretary - who along with the board
administrator shall be responsible for correspondence from the board.
(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 an applicant and renew licenses or
certificates;
(d) Establish
continuing education requirements;
(e) Appoint designee to assist in the
performance of its duties, i.e., oral examination committee; and
(f) Conduct hearings.
(6) 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.
(7) The
board has the authority to select a board consultant who shall serve as a
consultant to the Division and who is vested with the authority to do the
following acts:
(a) Recommend whether and
under what type disciplinary actions should be instituted as the result of
complaints received or investigations conducted by the Division.
(b) Recommend whether and what terms a
complaint, case or disciplinary action might be informally settled. Any matter
proposed for informal settlement must be subsequently ratified by the full
board before it will become effective.
(c) Undertake any other matter authorized by
a majority vote.
(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 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 licensed or certified practitioner 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) Screening Panels - The Board adopts, as
if fully set out herein, rule 1200-10-1-.13, of the Division of Health Related
Boards and as it may from time to time be amended, as its rule governing the
screening panel process.
Authority: T.C.A. §§
4-5-202,
4-5-204, 63-1-138, 63-22-102, and
63-22-110.
