Department: means the state department of health, including the [former] public health council [repealed]. See Tennessee Code 68-29-103
Independent laboratory: means a medical laboratory performing patient tests that is independent both of attending and consulting physicians' offices and independent of a hospital. See Tennessee Code 68-29-103
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.
Medical laboratory: means any institution, building, or place in which operations and procedures for the microbiological, serological, chemical, hematological, immunohematological, or biophysical examination of specimens taken from the human body are performed to obtain information for diagnosis, prophylaxis, or treatment or where any examination, determination, or test is made on any sample used as a basis for health advice, or where any sample is collected for the purpose of transfusion or processing of blood or blood fractions, or for the training of medical laboratory personnel. See Tennessee Code 68-29-103
Medical laboratory personnel: includes the medical laboratory director, supervisor, technologist, or technician, but does not include medical laboratory assistants, trainees, or other persons employed by a medical laboratory to perform clerical or other administrative responsibilities involving no laboratory test. See Tennessee Code 68-29-103
Medical laboratory supervisor: means a person who, under the general supervision of a medical laboratory director, supervises technical personnel, performs tests requiring special scientific skills, and, in the absence of the director, is held responsible for the proper performance of all medical laboratory procedures and the reporting of results. See Tennessee Code 68-29-103
Medical laboratory technician: means any person other than the medical laboratory director, supervisor, technologist, or trainee who functions under the supervision of a medical laboratory director, supervisor, or technologist and performs only those medical laboratory procedures that require limited skill, responsibility, and a minimal exercise of independent judgment. See Tennessee Code 68-29-103
Medical laboratory technologist: means a person who performs tests that require the exercise of independent judgment and responsibility with minimal supervision by the director or supervisor, in only those specialties or subspecialties in which the technologist is qualified by education, training, and experience. See Tennessee Code 68-29-103
Person: means any individual, firm, partnership, association, corporation, municipality, political subdivision, or any other entity whether organized for profit or not. See Tennessee Code 68-29-103
Physician: means any doctor of medicine or doctor of osteopathy duly licensed to practice the doctor's profession in Tennessee. See Tennessee Code 68-29-103
Quorum: The number of legislators that must be present to do business.
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
(b) The governor shall appoint qualified board members on the dates indicated so that the membership of the board shall be as follows:
(1) 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);(2) A pathologist who is licensed as a physician and certified in clinical and anatomical pathology by the American Board of Pathology (January 1, 1993);(3) A hospital administrator (January 1, 1990);(4) An independent laboratory management/administration representative (January 1, 1993);(5) A hospital laboratory manager/administrative director who is licensed as a nonphysician medical laboratory supervisor (January 1, 1990);(6) A licensed medical technologist generalist (January 1, 1993);(7) A pathologist who is licensed as a physician and certified in clinical and anatomical pathology by the American Board of Pathology (January 1, 1991);(8) A licensed physician who is not a pathologist (January 1, 1991);(9) 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);(10) A licensed nonphysician medical laboratory supervisor (January 1, 1992);(11) A licensed medical technologist generalist (January 1, 1992);(12) A licensed cytotechnologist (July 1, 1996); and(13) A private citizen consumer to represent the public interest (July 1, 1996).(c) To be eligible for appointment to the board, a person shall:
(1) Have been a resident of the state of Tennessee for at least two (2) years immediately preceding the appointment;(2) If required to be licensed under subsection (b), be licensed in good standing in the state of Tennessee;(3) Be actively engaged in the practice of such person’s profession; and(4) 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.(d) 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).
(1) 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:
(A) Tennessee Medical Association, in consultation with the Tennessee Society of Pathologists, giving due regard to geographic distribution – pathologist members;(B) Tennessee Medical Association – non-pathologist physician member; and(C) Tennessee Hospital Association – hospital administrator member and hospital laboratory manager/administrative director member.(2) All interested medical groups including, but not limited to, the organizations listed in this subsection (d) may submit names for the independent laboratory representative.(3) 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:
(A) Tennessee Society for Medical Technology;(B) Tennessee State Society of American Medical Technologists;(C) Tennessee chapter – Clinical Laboratory Management Association;(D) Tennessee Association of Blood Banks; and(E) Tennessee chapter – Southern Association for Clinical Microbiology.(4) 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.(5) 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.(e)(1)(A) Appointments to the board by the governor shall be for a term of four (4) years.(B) Appointments made to fill vacancies shall be for the duration of the unexpired term and from the same category represented by the outgoing member.(2) 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.(f) 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.(g) 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.(h) 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.(i) The governor may remove any member of the board for inefficiency, neglect of duty, or violation of any provision of this chapter.(j) 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.(k) 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.(l) All regulations promulgated by the board shall require a two-thirds (2/3) vote of the board members present.
