§ 63-31-103. Polysomnography Professional Standards Committee
To assist the board in the performance of its duties under this chapter, there is established the polysomnography professional standards committee.
The committee shall consist of seven (7) members, who shall be appointed by the governor in the manner and for the terms of office as set forth in this section.
The committee shall be composed of:
Three (3) registered polysomnographic technologists;
One (1) physician who is certified in sleep medicine by a national certifying body recognized by the American Academy of Sleep Medicine;
One (1) person who is the director of an accredited, hospital-based sleep center;
One (1) respiratory therapist who is also a registered polysomnographic technologist; and
One (1) consumer member who is not commercially or professionally associated with the health care field, either directly or indirectly.
Notwithstanding § 3-6-304 or any other law to the contrary, and in addition to all other requirements for membership on the committee:
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 (d)(1)(A) shall apply to all persons appointed or otherwise named to the committee after July 1, 2010;
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 (d)(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
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 (d)(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.
A person who violates this subsection (d) shall be subject to the penalties prescribed in title 3, chapter 6.
The bureau of ethics and campaign finance is authorized to promulgate rules and regulations to effectuate the purposes of this subsection (d). 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.
Initial appointments to the committee shall be made as follows: two (2) members shall be appointed to terms of four (4) years, two (2) members shall be appointed to terms of three (3) years, two (2) members shall be appointed to terms of two (2) years, and one (1) member shall be appointed to a term of one (1) year. Each regular appointment thereafter shall be for a term of four (4) years. Any vacant term shall be filled by the governor for the balance of the four-year term and each member shall serve on the committee until a successor is appointed. In making appointments to the committee, the governor shall strive to ensure that at least one (1) person serving on the committee is sixty (60) years of age or older and that at least one (1) person serving on the committee is a member of a racial minority. Each member of the committee shall be a resident of the state.
The governor may consider for appointment to the committee the names of persons recommended by the professional organizations for each profession represented on the committee. The Tennessee Sleep Society may submit a list of three (3) names for each position to be filled by a polysomnographic technologist. The Tennessee Society for Respiratory Care may submit a list of three (3) names for the position to be filled by a respiratory therapist. The Tennessee Medical Association may submit a list of three (3) names for the position to be filled by a physician. The Tennessee Hospital Association (THA), an association of hospitals and health systems may submit a list of three (3) names for the position to be filled by a director of a hospital-based sleep center.
While engaged in the business of the committee, members shall receive a per diem of one hundred dollars ($100) and shall also receive compensation for actual expenses to be paid in accordance with comprehensive travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.
The committee shall choose annually a chair and a secretary from among its members.
The committee shall hold at least one (1) regular meeting each year and such other meetings as the committee deems necessary to conduct its business.
A majority of the members of the committee shall constitute a quorum for the transaction of business. No action of the committee shall be valid unless approved by a majority of members present at a meeting at which there is a quorum.
The governor has the power to remove from office any member of the committee for neglect of duties required by this chapter, for malfeasance in office, for incompetence, or for unprofessional conduct.
All funds received by the committee shall be deposited into the state treasury, and the department of health shall make such allotments out of the committee’s account in the general fund as the department deems proper for the necessary expenses of the committee.
The division of health related boards shall provide administrative, investigatory, and clerical services to the committee as necessary to implement and enforce this chapter.
