Tennessee § 68-29-109 - Medical laboratory board.

§ 68-29-109. Medical laboratory board.

There is created the Tennessee medical laboratory board, which shall consist of thirteen (13) members. The governor shall appoint qualified board members on the dates indicated so that the membership of the board shall be as follows: A pathologist who is licensed as a physician and certified in clinical and anatomical pathology by the American Board of Pathology and who is associated with a medical laboratory personnel education program (January 1, 1990); A pathologist who is licensed as a physician and certified in clinical and anatomical pathology by the American Board of Pathology (January 1, 1993); A hospital administrator (January 1, 1990); An independent laboratory management/administration representative (January 1, 1993); A hospital laboratory manager/administrative director who is licensed as a nonphysician medical laboratory supervisor (January 1, 1990); A licensed medical technologist generalist (January 1, 1993); A pathologist who is licensed as a physician and certified in clinical and anatomical pathology by the American Board of Pathology (January 1, 1991); A licensed physician who is not a pathologist (January 1, 1991); An educator in a medical technology or medical laboratory technician program who is licensed as a medical laboratory technologist or as a nonphysician laboratory supervisor (January 1, 1991); A licensed nonphysician medical laboratory supervisor (January 1, 1992); A licensed medical technologist generalist (January 1, 1992); A licensed cytotechnologist (July 1, 1996); and A private citizen consumer to represent the public interest (July 1, 1996). To be eligible for appointment to the board, a person shall: Have been a resident of the state of Tennessee for at least two (2) years immediately preceding the appointment; If required to be licensed under subsection (b), be licensed in good standing in the state of Tennessee; Be actively engaged in the practice of such person's profession; and Have had no fewer than five (5) years of experience in the person's profession, at least three (3) of which immediately precede the appointment. The members of the board may be selected from lists of qualified persons submitted to the governor from interested medical groups, including, but not limited to, the professional organizations as provided in this subsection (d). The following organizations and other interested medical groups, excluding those listed in subdivisions (d)(3)(A)-(E), may submit names for each appointment in the categories listed: Tennessee Medical Association, in consultation with the Tennessee Society of Pathologists, giving due regard to geographic distribution — pathologist members; Tennessee Medical Association — non-pathologist physician member; and Tennessee Hospital Association — hospital administrator member and hospital laboratory manager/administrative director member. All interested medical groups including, but not limited to, the organizations listed in this subsection (d) may submit names for the independent laboratory representative. The following organizations and other interested medical groups, excluding those associations listed in subdivisions (d)(1)(A)-(C) may submit names for each appointment of members listed in subsection (b), with the exception of the pathologists, non-pathologist physician, and hospital administrator: Tennessee Society for Medical Technology; Tennessee State Society of American Medical Technologists; Tennessee chapter — Clinical Laboratory Management Association; Tennessee Association of Blood Banks; and Tennessee chapter — Southern Association for Clinical Microbiology. Lists of qualified persons shall be submitted at least forty-five (45) days prior to the expiration of the term of office of any member. The governor shall consult with interested medical groups including, but not limited to, the organizations as provided in this subsection (d), to determine qualified persons to fill the positions. Appointments to the board by the governor shall be for a term of four (4) years. Appointments made to fill vacancies shall be for the duration of the unexpired term and from the same category represented by the outgoing member. A member shall hold over after the expiration of such member's term until a successor is appointed and qualified. No member may serve more than two (2) consecutive four-year terms. The board shall hold at least one (1) regular meeting each year and such other meetings as the board may determine. Seven (7) members of the board shall constitute a quorum. The members of the board shall annually elect one (1) member to serve as chair and one (1) member to serve as vice chair. The board may also create such other offices as may be necessary for its efficient operation. Each member of the board when actually engaged in the discharge of such member's official duties shall be reimbursed for all travel and other necessary expenses. All expenses shall be claimed and paid 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 governor may remove any member of the board for inefficiency, neglect of duty, or violation of any provision of this chapter. In making appointments to the board, the governor shall strive to ensure that at least one (1) person appointed to serve on the board is sixty (60) years of age or older and that at least one (1) person appointed to serve on the board is a member of a racial minority. A permanent personnel and education licensure committee shall be formed, which shall consist of the medical technologist members, the one (1) cytotechnologist member, and the one (1) pathologist educator member of the board. The committee shall annually elect one (1) member to serve as chair. The committee shall have the full jurisdiction to oversee all matters pertaining to the licensure of medical laboratory personnel and of medical laboratory education programs. There shall be an education advisory committee, appointed by the chair of the personnel and education licensure committee. The advisory committee shall be appointed on a yearly basis with members representing major areas of laboratory scientific disciplines and educational levels. The advisory committee shall serve without compensation. All regulations promulgated by the board shall require a two-thirds (2/3) vote of the board members present. Acts 1967, ch. 355, § 9; 1976, ch. 806, § 1(91); T.C.A., § 53-4109; Acts 1988, ch. 1013, § 67; 1989, ch. 467, §§ 4, 12; 1996, ch. 647, §§ 9-11; 2004, ch. 677, § 1; 2012, ch. 717, § 3. Code Commission Notes. Former subsection (b), concerning the initial composition of the board, was deleted as obsolete by authority of the code commission in 2006. Former subdivision (f)(1)(A), concerning terms of the noneducator pathologist, independent laboratory representative, and medical technologist generalist, was deleted as obsolete by authority of the code commission in 2006. Compiler's Notes. The Tennessee medical laboratory board, created by this section, terminates June 30, 2022. See §§ 4-29-112 , 4-29-243 . Acts 1989, ch. 467, § 14, provided: “(a) The rules and regulations promulgated by the department of health and environment (now department of health) prior to January 1, 1990, shall remain in effect until duly amended or repealed by the medical laboratory board. Any such rules and regulations which may conflict with a provision of Acts 1989, ch. 467 shall be invalid; however, such invalidity shall not affect the validity of the remaining rules and regulations. “(b) All licenses and certificates issued by the department of health and environment under title 68, chapter 29, prior to January 1, 1990, shall remain in effect until they expire or are duly revoked or suspended by the medical laboratory board. “(c) Acts 1989, ch. 467 does not effect rights or duties that matured, liabilities or penalties that were incurred, or proceedings begun before January 1, 1990.” Attorney General Opinions. Delegation of Governor’s appointing authority to private entities for purpose of submitting lists for appointments to state licensing boards or agencies. OAG 10-67, 2010 Tenn. AG LEXIS 73 (5/17/10).