(a) To assist the board in the performance of its duties, there is hereby established the Tennessee advisory committee for acupuncture.
Terms Used In Tennessee Code 63-6-1003
Acupuncture: means a form of health care developed from traditional and modern oriental medical concepts that employs oriental medical diagnosis and treatment and adjunctive therapies and diagnostic techniques for the promotion, maintenance and restoration of health and the prevention of disease. See Tennessee Code 63-6-1001
ADS: means an acupuncture detoxification specialist trained in, and who performs only, the five-point auricular detoxification treatment. See Tennessee Code 63-6-1001
Person: includes a corporation, firm, company or association. 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).
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 committee shall consist of five (5) members appointed by the governor. Three (3) of the members shall be certified acupuncturists, one (1) shall be an ADS practicing in Tennessee and one (1) shall be a consumer member who is neither employed in nor has any other direct or indirect affiliation with the health care profession or industry. The three (3) acupuncturists initially appointed need not be certified at the time of their appointments, but must meet all the qualifications for certification.(c)(1) Notwithstanding § 3-6-304 or any other law to the contrary, and in addition to all other requirements for membership on the committee:
(A) Any person registered as a lobbyist pursuant to the registration requirements of title 3, chapter 6 who is subsequently appointed or otherwise named as a member of the committee shall terminate all employment and business association as a lobbyist with any entity whose business endeavors or professional activities are regulated by the committee, prior to serving as a member of the committee. This subdivision (c)(1)(A) shall apply to all persons appointed or otherwise named to the committee after July 1, 2010;(B) No person who is a member of the committee shall be permitted to register or otherwise serve as a lobbyist pursuant to title 3, chapter 6 for any entity whose business endeavors or professional activities are regulated by the committee during such person’s period of service as a member of the committee. This subdivision (c)(1)(B) shall apply to all persons appointed or otherwise named to the committee after July 1, 2010, and to all persons serving on the committee on such date who are not registered as lobbyists; and(C) No person who serves as a member of the committee shall be employed as a lobbyist by any entity whose business endeavors or professional activities are regulated by the committee for one (1) year following the date such person’s service on the committee ends. This subdivision (c)(1)(C) shall apply to persons serving on the committee as of July 1, 2010, and to persons appointed to the committee subsequent to such date.(2) A person who violates this subsection (c) shall be subject to the penalties prescribed in title 3, chapter 6.(3) The bureau of ethics and campaign finance is authorized to promulgate rules and regulations to effectuate the purposes of this subsection (c). All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and in accordance with the procedure for initiating and proposing rules by the ethics commission to the bureau of ethics and campaign finance as prescribed in § 4-55-103.(d) In addition to all other requirements for membership on the committee, all persons appointed or otherwise named to serve as members of the committee after July 1, 2010, shall be residents of this state.(e) Of the initial appointments to the committee, two (2) members shall be appointed for terms of three (3) years, two (2) members shall be appointed for terms of two (2) years and one (1) member shall be appointed for a term of one (1) year. All regular appointments thereafter shall be for terms of four (4) years. No person may serve more than two (2) consecutive full terms as a member of the committee. Each member shall serve on the committee until a successor is appointed. Vacancies shall be filled by appointment of the governor for the unexpired term.(f) At the committee’s first meeting each year after any new members have been appointed, the members shall choose one (1) member to chair the committee for the year and another to serve as co-chair. No person shall chair the committee for more than five (5) consecutive years.(g)(1) The committee shall meet at least once each year within forty-five (45) days after the appointment of the new members. The committee shall meet at other times as needed to perform its duties.(2)(A) Any member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year shall be removed as a member of the committee.(B) The committee’s chair shall promptly notify, or cause to be notified, the appointing authority of any member who fails to satisfy the attendance requirement as prescribed in subdivision (g)(2)(A).(h) Each member shall receive all necessary expenses incident to conducting the business of the committee and, in addition thereto, shall be entitled to a per diem of fifty dollars ($50.00) for each day’s service in conducting the business of the committee. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter.(i) The committee shall receive from the division of health related boards of the department of health all administrative, investigatory and clerical services as provided for in § 63-1-101. Committee expenses shall be paid from funds generated by certification fees generated by acupuncturists and acupuncture detoxification specialists.
