[Effective until 7/1/2024]

(a)

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Terms Used In Tennessee Code 68-11-203

  • Ambulatory surgical treatment center: means any institution, place, or building devoted primarily to the maintenance and operation of a facility for the performance of surgical procedures or any facility in which a surgical procedure is utilized to terminate a pregnancy. See Tennessee Code 68-11-201
  • commission: means the health facilities commission created by §. See Tennessee Code 68-11-201
  • Commissioner: means the commissioner of health, the commissioner's authorized representative, or in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner of health. See Tennessee Code 68-11-201
  • Dentist: means a doctor of dental science who is duly licensed to practice dentistry in this state. See Tennessee Code 68-11-201
  • Department: means the department of health. See Tennessee Code 68-11-201
  • Executive director: means the executive director of the health facilities commission. See Tennessee Code 68-11-201
  • Facility: means any institution, place or building providing health care services that is required to be licensed under this chapter. See Tennessee Code 68-11-201
  • Home for the aged: means a home represented and held out to the general public as a home which accepts primarily aged persons for relatively permanent, domiciliary care. See Tennessee Code 68-11-201
  • Hospital: means any institution, place, building or agency represented and held out to the general public as ready, willing and able to furnish care, accommodations, facilities and equipment for the use, in connection with the services of a physician or dentist, of one (1) or more nonrelated persons who may be suffering from deformity, injury or disease or from any other condition for which nursing, medical or surgical services would be appropriate for care, diagnosis or treatment. See Tennessee Code 68-11-201
  • Nursing home: means any institution, place, building or agency represented and held out to the general public for the express or implied purpose of providing care for one (1) or more nonrelated persons who are not acutely ill, but who do require skilled nursing care and related medical services. See Tennessee Code 68-11-201
  • Oral surgeon: means a dentist who has been certified by the Tennessee board of dentistry to perform oral surgery. See Tennessee Code 68-11-201
  • Person: means any individual, partnership, association, corporation, other business entity, state or local governmental agencies and entities, and federal agencies and entities to the extent permitted by federal law. See Tennessee Code 68-11-201
  • physician: includes a podiatrist licensed under title 63, chapter 3. See Tennessee Code 68-11-201
  • Quorum: The number of legislators that must be present to do business.
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
  • 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
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(1) The board shall consist of nineteen (19) members, who shall be appointed by the governor, two (2) of whom shall be graduates of recognized schools of medicine with the degree, doctor of medicine, and shall have an unlimited license to practice medicine in the state of Tennessee; one (1) of whom shall be a dentist who shall be an oral surgeon licensed to practice in Tennessee; one (1) of whom shall be a graduate pharmacist who shall hold a degree in pharmacy from a recognized school of pharmacy and shall be licensed to practice pharmacy in Tennessee; one (1) of whom shall be a registered nurse; two (2) of whom shall be persons engaged in hospital administration of short term acute hospitals; one (1) of whom shall be licensed to practice osteopathic medicine in Tennessee; three (3) of whom shall be representatives of the nursing home industry, and one (1) of the three (3) representatives so appointed shall represent a hospital-operated nursing home; one (1) of whom shall be an architect who is knowledgeable by training or experience in health care facility design or construction; one (1) of whom shall be the operator of a home care organization; one (1) of whom shall be either the operator of a licensed residential home for the aged or a representative of the assisted living industry; one (1) of whom shall be either the operator of an ambulatory surgical treatment center or a representative of the ambulatory surgical treatment center industry; and two (2) of whom shall be consumer members who are not engaged in any health care-related profession, occupation, or field of endeavor. The two (2) remaining members shall be the commissioner, or the commissioner’s designated representative from the department, and the executive director of the state commission on aging and disability, each of whom shall serve concurrently with the term of each of their respective offices.
(2) The commissioner or the commissioner’s designated representative from the department shall be chair of the board.
(3) As the terms of members of the board as at present constituted expire, their successors shall be named, each for a term of four (4) years, except as otherwise provided in this section. The three (3) new members which are added to the board as of April 4, 1968, shall be appointed by the governor as follows: of the representatives of the nursing home industry, one (1) shall be appointed for a term to expire April 1, 1969, and one (1) for a term to expire on April 1, 1970; the new member from the medical profession shall be appointed for a term to expire on April 1, 1971; and all subsequent appointments, including the successors of the three (3) new members shall be for a term of four (4) years. The new member from the osteopathic profession shall be added to the board as of March 1, 1970, and shall be appointed by the governor for a term to expire April 1, 1972; and all subsequent appointments for filling the osteopathic position on the board shall be for a term of four (4) years. The new member from the architectural profession shall be appointed for a term of three (3) years. Alternating appointments shall be made by the governor for the member appointed to represent either the operators of licensed residential homes for the aged or the assisted living industry. Each term shall be four (4) years; provided, that the first such alternating appointment following May 22, 2001, shall be a person to represent the assisted living industry, such appointment to be made following the expiration of the term of the member currently representing operators of licensed residential homes. If any vacancy occurs in the board for any reason other than expiration of term, the appointment shall be for the unexpired term. Any vacancy shall be filled from the same group as was represented by the outgoing member. In making appointments to the board, the governor shall strive to ensure at all times that at least two (2) persons gubernatorially appointed to serve on the board are members of a racial minority or are female, or both, and that at least one (1) person so appointed to serve on the board is at least sixty (60) years of age or older.
(b)

(1) The board shall meet at least twice each year on dates to be fixed by the executive director.
(2) In the first of the two (2) annual meetings each year the board shall elect from the members for a period of one (1) year a secretary, who shall keep a record of all meetings.
(3) Special meetings of the board shall be called by the chair of the board, either in the chair’s discretion or upon the written request of three (3) members of the board.
(4) A majority of members, not including vacant positions on the board, constitutes a quorum for the transaction of all business. For purposes of contested case hearings and disciplinary matters, three (3) or more members constitute a quorum, and the board chairperson is authorized, when it is deemed necessary, to split the board into panels of three (3) or more members each to conduct contested case hearings or disciplinary matters. A majority vote of the members present on a duly constituted panel is required to authorize board action in disciplinary matters and contested case hearings. The board chairperson has the authority to appoint board members to serve, as necessary, on the panels regardless of the professional category from which the appointed member was chosen or the member’s status as a physician, administrator, or citizen member. The existence of a non-physician or non-administrator board member creates no rights in any individual concerning the composition of a panel in any disciplinary matter or contested case hearing. Notwithstanding § 4-5-314(e) to the contrary, the unavailability of a member of a panel before rendition of a final order shall not require the substitution of another member unless the unavailability results in there being less than the quorum required by this subdivision (b)(4) for contested case hearings or disciplinary matters. A substitute shall use any existing record and may conduct further proceedings as is necessary in the interest of justice.
(c) All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(d) The board shall weigh and consider the health care needs of Tennessee’s racial minorities and economically disadvantaged whenever the board performs duties or responsibilities assigned by law.
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