(a) In addition to the powers elsewhere in this chapter, the board has the duty to:

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Terms Used In Tennessee Code 63-27-104

  • Board: means the board of respiratory care. See Tennessee Code 63-27-102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Practice of respiratory care: includes , under the supervision, control and responsibility of a licensed physician:
    (a) The administration of pharmacologic agents and medical gasses necessary to diagnose, implement treatment, promote disease prevention, and provide rehabilitation to the cardiorespiratory system. See Tennessee Code 63-27-102
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(1)

(A) Promulgate, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, all rules that are reasonably necessary for the performance of the various duties imposed upon the board by this chapter. Except as otherwise specifically provided by this subdivision (a)(1)(A), all rules relating exclusively to registered respiratory therapists, certified respiratory therapists or respiratory assistants shall be initiated and adopted by a majority of the members of the board. Subject to the limitations contained in this section, all rulemaking authority delegated by this chapter shall be vested in the board. The board shall conduct at least one (1) public hearing each year, and shall undertake such other activities as shall be reasonably necessary, to solicit comments from license and certificate holders and the public concerning policies of the board relating to respiratory care, as well as any problems existing within the practice of respiratory care that may affect the public;
(B) Within the maximum limitations established elsewhere in this chapter, fees relating to the practice of respiratory care shall be set by the board in an amount sufficient to pay all of the expenses of the board;
(2) Issue, under the board’s name, all licenses approved by the board and to maintain a registry of all license holders. It is the duty of the board to review and approve the qualifications of applicants for licensure or renewal as registered respiratory therapists, certified respiratory therapists or respiratory assistants. The board may limit, restrict, or impose one (1) or more conditions on a license at the time it is issued, renewed, reactivated, or reinstated; and
(3) Collect or receive all fees, fines and moneys owed pursuant to this chapter and to pay the same into the general fund of the state.
(b) The board is authorized to issue advisory private letter rulings to any person licensed under this chapter who makes such a request regarding any matters within the board’s primary jurisdiction. Such private letter ruling shall affect only the licensee making such inquiry and shall have no precedential value for any other inquiry or future contested case to come before the board. Any dispute regarding a private letter ruling may, if the board chooses to do so, be resolved pursuant to the declaratory order provisions of § 4-5-223.
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