Tennessee § 68-11-203 - Board for licensing health care facilities.

§ 68-11-203. Board for licensing health care facilities.

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 ex officio members, namely 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. The commissioner or the commissioner's designated representative from the department shall be chair of the board. 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. The board shall meet at least twice each year on dates to be fixed by the commissioner. 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. 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. Ten (10) members shall constitute a quorum for the transaction of all business. 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. 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. Acts 1947, ch. 13, §§ 3, 4; mod. C. Supp. 1950, §§ 5879.3, 5879.4 (Williams, §§ 4432.3, 4432.4); Acts 1968, ch. 522, §§ 3, 4; 1970, ch. 553, § 1; 1973, ch. 15, § 1; 1974, ch. 495, §§ 2, 3; 1976, ch. 806, § 1(89); T.C.A. (orig. ed.), §§ 53-1303, 53-1304; Acts 1984, ch. 880, § 4; 1986, ch. 898, § 2; 1988, ch. 665, § 1; 1988, ch. 895, §§ 1-3; 1988, ch. 1013, § 62; 1989, ch. 163, §§ 1, 2; 1989, ch. 294, §§ 3, 4; 1990, ch. 1042, § 2; 1992, ch. 976, § 1; 1993, ch. 234, § 20; 1994, ch. 747, § 5; 2001, ch. 283, §§ 1, 2; 2009, ch. 186, §§ 10, 11; 2013, ch. 89, § 2; 2016, ch. 921, § 1. Compiler's Notes. The board for licensing healthcare facilities, created by this section, terminates June 30, 2023. See §§ 4-29-112 , 4-29-244 . Acts 2012, ch. 598, § 3 provided that, in 2013, the comptroller of the treasury shall issue questions and answers to the board regarding surveyors in response to the audit conducted by the centers for medicare and medicaid services. The term “commission on aging and disability” was substituted for “commission on aging” pursuant to Acts 2001, ch. 397. Amendments. The 2013 amendment, in (a)(1), substituted “eighteen (18) members” for “nineteen (19) members” near the beginning of the first sentence, and, in the last sentence, substituted “The two (2) remaining members” for “The three (3) remaining members” at the beginning and deleted “the chair of the council,” preceding “and the executive director” near the end. The 2016 amendment, in the first sentence of (a)(1), substituted “nineteen (19) members” for “eighteen (18) members” near the beginning and inserted “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;” near the end. Effective Dates. Acts 2013, ch. 89, § 5. July 1, 2013. Acts 2016, ch. 921, § 2. July 1, 2016. Collateral References. Propriety of, and liability related to, issuance or enforcement of do not resuscitate (DNR) orders. 46 A.L.R.5th 793.