Tennessee § 68-55-102 - Advisory council established — Composition.

§ 68-55-102. Advisory council established — Composition.

There is created the traumatic brain injury advisory council established for the purpose of providing recommendations to the department on program and policy issues and concerns regarding health and human services for survivors of TBI. The advisory council shall be composed of nine (9) members to be appointed by the governor as follows: Five (5) members shall be family members, survivors, or primary care givers, and no more than two (2) members from this category shall reside in each of the three (3) grand divisions. These members may be appointed from lists of qualified persons submitted by interested brain injury organizations, including, but not limited to, the Brain Injury Association of Tennessee, and institutions of higher learning, including, but not limited to, those under the jurisdiction of the state university and community college system and the University of Tennessee; One (1) member who is knowledgeable on TBI shall represent the department of mental health and substance abuse services and the department of intellectual and developmental disabilities, who may be appointed from lists of qualified persons submitted by the department of mental health and substance abuse services and the department of intellectual and developmental disabilities; One (1) member who has experience in providing special education services or actual therapy to persons with TBI shall represent special education interests within the department of education, who may be appointed from a list of qualified persons submitted by the department of education; One (1) member who is knowledgeable on TBI shall represent the department of human services, vocational rehabilitation, who may be appointed from a list of qualified persons submitted by the department of human services; and One (1) member shall be a healthcare professional whose practice includes at least fifty percent (50%) of providing direct care to head-injured individuals or a healthcare provider who provides care to traumatic brain-injured individuals, who may be appointed from lists of qualified persons submitted by interested hospital groups, including, but not limited to, the Tennessee Hospital Association. In making appointments to the council, the governor shall consult with the interested groups described in subdivision (a)(2) to determine qualified persons to fill the positions on the council. The members shall be appointed to serve two-year terms. The initial appointments shall be staggered so that the terms of one-half (½) of the members appointed are for one (1) year and one-half (½) of the members are for two (2) years. Thereafter, members are appointed for two-year terms. The governor shall appoint the first chair for a two-year term from among those persons appointed to the advisory council. Thereafter, the advisory council shall nominate and elect a chair by a majority vote for a two-year term. The advisory council shall by a majority vote appoint persons to fill a vacancy for the remainder of the unexpired term. The governor may remove any member from the advisory council for cause. Members of the council shall receive no compensation for service on the advisory council but shall be reimbursed for travel expenses in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter. The advisory council shall meet at least quarterly. The advisory council shall adopt written bylaws. Acts 1993, ch. 443, § 3; 2000, ch. 947, § 6; 2010, ch. 1100, § 128; 2012, ch. 575, § 1; 2015, ch. 2, § 3. Compiler's Notes. The traumatic brain injury advisory council, created by this section, terminates June 30, 2025. See §§ 4-29-112 , 4-29-246 . Acts 2010, ch. 1100, § 153 provided that the commissioner of mental health and developmental disabilities, the commissioner of mental health, the commissioner of intellectual and developmental disabilities, and the commissioner of finance and administration are authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Amendments. The 2015 amendment rewrote (a)(2), which read: “(2) The advisory council shall be composed of nine (9) members to be appointed by the governor as follows: “(A) Five (5) members shall be family members, survivors or primary care givers and no more than two (2) members from this category shall reside in each of the three (3) grand divisions. Appointments shall be made from nominees submitted by the Tennessee Head Injury Association, the state university and community college system, the University of Tennessee and other interested parties; “(B) One (1) member who is knowledgeable on TBI shall represent the departments of mental health and substance abuse services and intellectual and developmental disabilities, to be selected from up to two (2) nominees of the department of mental health and substance abuse services and two (2) nominees of the department of intellectual and developmental disabilities; “(C) One (1) member who has experience in providing special education services or actual therapy to persons with TBI shall represent the department of education/special education, to be selected from up to three (3) nominees of the department of education; “(D) One (1) member who is knowledgeable on TBI shall represent the department of human services, vocational rehabilitation, to be selected from up to three (3) nominees of the department of human services; and “(E) One (1) member shall be a health care professional whose practice includes at least fifty percent (50%) of providing direct care to head-injured individuals or a health care provider who provides care to traumatic brain-injured individuals, to be selected from three (3) nominees of the Tennessee Hospital Association.”; and added (a)(3). Effective Dates. Acts 2015, ch. 2, § 4. March 19, 2015. Cross-References. Grand divisions, title 4, ch. 1, part 2.