§ 63-24-102 — Board - Establishment and appointment - Terms - Officers - Meetings - Reimbursement

(a) There is established the board of athletic trainers to consist of five (5) members. Of the five (5) members: (1) Three (3) members shall be athletic trainers licensed in the state; (2) One (1) member shall be a physician licensed in the state; and (3) One (1) member shall be a representative of the public who is not an athletic trainer and is not commercially or professionally associated with the health care industry. (b) (1) Members of the board shall be appointed by the governor. The Tennessee Athletic Trainers Society and the Tennessee Medical Association may each supply a list to the governor of at least three (3) nominees for each appointment or vacancy on the board in their respective categories. The governor may make an appointment from the lists. (2) (A) Each licensed athletic trainer appointed to serve on the board shall: (i) Reside in the state for at least five (5) years immediately preceding appointment and at all times thereafter; (ii) Be currently licensed in good standing as a licensed athletic trainer in this state; (iii) Be currently engaged in the practice of athletic training as a licensed athletic trainer; and (iv) Have been licensed as an athletic trainer in the state for no fewer than five (5) years. (B) Each physician appointed to serve on the board shall: (i) Reside in the state for at least five (5) years immediately preceding appointment and at all times thereafter; (ii) Be currently licensed in good standing in the state; and (iii) Have been licensed as a physician in the state for no fewer than five (5) years. (C) The representative of the public appointed to serve on the board shall: (i) Reside in the state for at least five (5) years immediately preceding appointment and at all times thereafter; (ii) Have no direct or indirect financial interest in health care services; (iii) Have never been, or while serving on the board be, an athletic trainer or enrolled in any health care educational program; and (iv) Not be a member or employee of any board of control of any public or private health care group or organization. (3) Members of the board shall serve one (1) four-year term and may be reappointed. Any board member may be removed by the governor after notice and a hearing for incompetence, neglect of duty, malfeasance in office or moral turpitude. Vacancies on the board created by the expiration of a term of office or for any other reason shall be filled by the governor in the same manner as the original appointment. Appointed members shall serve until their replacement has been appointed and has agreed to serve. In making appointments to the board, the governor shall strive to ensure that at least one (1) person serving on the board is a member of a racial minority. (c) (1) Notwithstanding § 3-6-304 or any other law to the contrary, and in addition to all other requirements for membership on the board: (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 board shall terminate all employment and business association as a lobbyist with any entity whose business endeavors or professional activities are regulated by the board, prior to serving as a member of the board. This subdivision (c)(1)(A) shall apply to all persons appointed or otherwise named to the board after July 1, 2010; (B) No person who is a member of the board 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 board during such person's period of service as a member of the board. This subdivision (c)(1)(B) shall apply to all persons appointed or otherwise named to the board after July 1, 2010, and to all persons serving on the board on such date who are not registered as lobbyists; and (C) No person who serves as a member of the board shall be employed as a lobbyist by any entity whose business endeavors or professional activities are regulated by the board for one (1) year following the date such person's service on the board ends. This subdivision (c)(1)(C) shall apply to persons serving on the board as of July 1, 2010, and to persons appointed to the board 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) The chair and vice chair of the board shall be chosen from one (1) of the three (3) athletic trainer members and elected by the board. The chair shall preside over all meetings and business of the board. The vice chair shall preside over the meetings and business of the board in the absence of the chair and shall be responsible for signing the approved minutes of the board. The length of the terms of the elected officers shall be determined by rules duly promulgated by the board. (e) The board, for administrative purposes, shall meet at least annually and at such other times as necessary to conduct the business of the board at the call of the chair. For purposes of conducting board business, a majority of the members of the board shall constitute a quorum. (f) The members of the board shall be entitled to a per diem of one hundred dollars ($100) for each day's service in attending meetings of the board, and other official business of the board, and necessary expenses for traveling and subsistence while attending meetings. 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. (g) The board shall receive its administrative, legal and investigative support from the division of health related boards.

Legislative History

Acts 1983, ch. 361, § 3; T.C.A., § 63-6-302; Acts 1985, ch. 280, § 1; 2000, ch. 694, §1; 2006, ch. 872, §2; 2010 , ch. 998, § 2.