2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 3 - APPLIED BEHAVIOR ANALYST LICENSING COMMITTEE (§§ 63-11-301 — 63-11-312) › Section 63-11-303 - Creation - Authority - Membership - Conduct of meetings

(a)
There is hereby created the applied behavior analyst licensing committee of the board of examiners in psychology, which shall consist of five (5) members appointed by the governor.
(b)
The committee is authorized to issue licenses to individuals who meet the requirements specified in this part, and to promulgate rules and regulations for the implementation of the part including, but not limited to, the setting of fees and the establishment of disciplinary actions. The committee shall maintain a list of all licensees that shall be provided to any interested party on written request.
(c)
(1)
The committee as created shall consist of:
(A)
Three (3) persons licensed as board certified behavior analysts or board certified behavior analysts-doctoral;
(B)
One (1) person certified as a board certified assistant behavior analyst; and
(C)
One (1) public member who is a consumer of applied behavior analysis services and holds neither certification.
(2)
The members listed in subdivisions (c)(1)(A) and (B) may be appointed by the governor from lists of qualified nominees submitted by interested behavior analyst groups including, but not limited to, the Tennessee Association of Behavior Analysts.
(3)
The governor shall consult with interested behavior analyst groups including, but not limited to, the Tennessee Association of Behavior Analysts, to determine qualified persons to fill the positions as provided in this subsection (c).
(4)
Initial appointees to the committee shall serve staggered terms as follows:
(A)
One (1) of the persons appointed pursuant to subdivision (c)(1)(A) shall serve an initial term of one (1) year;
(B)
One (1) of the persons appointed pursuant to subdivision (c)(1)(A) and the person listed in subdivision (c)(1)(C) shall serve initial terms of two (2) years; and
(C)
One (1) of the persons appointed pursuant to subdivision (c)(1)(A) and the person listed in subdivision (c)(1)(B) shall serve initial terms of three (3) years.
(5)
(A)
(i)
Upon the expiration of the first full term of the member appointed pursuant to subdivision (c)(4)(A) on June 30, 2018, the governor shall appoint a licensed board certified behavior analyst to serve on the committee for a term of three (3) years.
(ii)
Upon the expiration of the first full terms of the members appointed pursuant to subdivision (c)(4)(B) on June 30, 2019, the governor shall appoint a licensed board certified behavior analyst and a public member, who holds no credentials as a licensed board certified behavior analyst or as a licensed assistant behavior analyst, to serve on the committee for terms of three (3) years.
(iii)
Upon the expiration of the first full terms of the members appointed pursuant to subdivision (c)(4)(C) on June 30, 2020, the governor shall appoint a licensed board certified behavior analyst and a licensed assistant behavior analyst to serve on the committee for terms of three (3) years.
(B)
No member appointed pursuant to subdivision (c)(5)(A) or any member appointed subsequent to such members shall be eligible to serve more than one (1) consecutive three-year term.
(C)
Members' terms shall begin on July 1 and expire on June 30.
(d)
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. All members of the committee shall serve as such without compensation, but they shall be entitled to receive necessary travel and other appropriate expenses while engaged in the committee's work.
(e)
The committee shall be provided administrative support by the division of health related boards in the department of health.
(f)
(1)
The committee shall meet at least once per quarter.
(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 chair of the committee 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 (f)(2)(A).
(g)
The committee shall elect a chair from among its members appointed pursuant to subdivision (c)(1)(A) at the first meeting held in each fiscal year. A committee meeting may be called upon reasonable notice in the discretion of the chair and shall be called at any time upon reasonable notice by a petition of three (3) committee members to the chair.
(h)
Any actions taken in accordance with this part shall only be effective after adoption by majority vote of the members of the committee and after adoption by a majority vote of the members of the board at the next board meeting at which administrative matters are considered following the adoption by the committee.
Amended by 2016 Tenn. Acts, ch. 609, s 3, eff. 3/22/2016.
Acts 2014 , ch. 918, § 2.