2010 Tennessee Code
Title 68 - Health, Safety and Environmental Protection
Chapter 140 - Emergency Services
Part 5 - Emergency Medical Services Act of 1983
68-140-514 - Hearings Remedies Materials exempt from public records act Prehearing discovery.

68-140-514. Hearings Remedies Materials exempt from public records act Prehearing discovery.

(a)  Hearings before the board on enforcement or disciplinary actions shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The following remedies are available to the board in such actions:

     (1)  The board may suspend, modify, revoke or condition the authorization of any person who holds an authorization pursuant to this part;

     (2)  The board may issue an order requiring corrective action or the cessation of activities by any person as deemed necessary to correct or mitigate a violation. In particular, the board may issue an order against any person who conducts any of the activities regulated pursuant to this part without the proper authorization; and

     (3)  The board may affirm, modify or reverse any action of the commissioner.

(b)  (1)  All materials, documents, and other matters relating to, compiled or created in the course of an investigation conducted by the department pursuant to this section shall be exempt from the public records act until the filing of a notice of charges. After the filing of a notice of charges, only the information and those materials and documents upon which the charges are based are available for disclosure under the public records act, compiled in title 10, chapter 7; provided, that the identifying information of the following, as well as all investigator created documents and reports, shall remain confidential at all times, unless and until introduced in the proceedings of a hearing conducted by the board:

          (A)  A complainant;

          (B)  Any witness who requests anonymity;

          (C)  A patient; and

          (D)  Medical records.

     (2)  This section does not modify or limit the prehearing discovery provisions set forth in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3.

[Acts 1983, ch. 440, § 16; T.C.A., § 68-39-514; Acts 2001, ch. 354, § 1.]