(a)

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Terms Used In Tennessee Code 63-6-101

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • 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
(1) There shall be a board to be known as the board of medical examiners, referred to in this chapter as the “board,” to consist of twelve (12) members. Nine (9) members shall be duly licensed physicians, each of whom must meet the following qualifications:

(A) Graduation from a medical school whose curriculum is substantially similar to, and whose educational standards are as high as that of, the medical department of the University of Tennessee, as published at the time of its extant catalogue; and
(B) Not less than six (6) years experience in the practice of either medicine or surgery or both.
(2) Three (3) members shall be nonphysicians who are consumers of health care and who neither own nor have any financial or other interest in any health care facility or business or school of medicine or other allied health care practitioner educational program and who shall represent the public at large.
(3) It shall be the board’s duty to examine the qualifications of all applicants for certification of fitness to practice medicine or surgery in this state, to conduct disciplinary hearings, and to make such rules and regulations as are necessary to carry out and make effective this chapter. Any rules and regulations promulgated by the board shall comply with all requirements of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. No member shall be employed by or be a member of the governing body of, or have a financial interest in, any medical school, college or university of the state or of any school, college or university in which allied health care practitioners who are under the regulation of the board receive their qualifying education.
(4) The board is authorized to issue advisory private letter rulings to any affected licensee who makes such a request regarding any matters within the board’s primary jurisdiction. Such private letter ruling shall only affect 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.
(b) The board shall receive administrative support from the division of health related boards in the department of health, referred to as the “division” in this chapter.
(c)

(1) The division shall consult the board in the hiring of a medical consultant. A licensed physician, hired by the division in consultation with the board as described in this subdivision (c)(1), and designated and authorized by the board, is vested with authority as a consultant to the board to do the following:

(A) Review and make recommendations to the board on licensure, certification, exemption, renewal, reinstatement, and reactivation applications subject to the rules governing those respective applications;
(B) In consultation with the office of general counsel, determine what, if any, investigation should be instituted upon complaints received by the division;
(C) In consultation with the office of general counsel and in accordance with board guidelines, decide whether a licensee who is the subject of a complaint or an investigation is an appropriate candidate for diversion to a professional peer review organization or impaired professional association;
(D) In consultation with the office of general counsel, determine what, if any, complaints or investigations should be referred to the office of general counsel to pursue formal disciplinary action;
(E) In consultation with the office of general counsel, determine what, if any, terms of proposed settlement may be offered in any matter referred to the office of general counsel to pursue formal disciplinary action. However, a proposed settlement is not binding upon any party unless and until it is accepted by a majority vote of the entire board or a duly constituted panel of the board; and
(F) In consultation with the office of general counsel, determine the terms upon which the division can agree to tentatively settle pending disciplinary actions. However, a tentative settlement is not binding upon a party unless and until it is accepted by a majority of the entire board or a duly constituted panel of the board.
(2) The board may withdraw its designation and authorization for a consultant to perform all or part of the acts listed in subdivision (c)(1).
(3) The department shall provide biannual surveys to the board for its feedback and review of the consultant described in this subsection (c).
(4) The board may promulgate rules regarding how it will review the work of consultants described in this subsection (c).
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