Tenn. Code Ann. § 63-8-102 — TN Code / Title 63 / Chapter 8 / Section 63-8-102
Chapter definitions
Status: in_force

As used in this chapter unless the context otherwise requires: (1) "Board" means the board of optometry created by this chapter or similar boards created by the optometry law of other states; (2) "Certificate of fitness" means the certificate issued by the board certifying to the division that the person therein named has met the requirements of this chapter and passed the standard examination given by the board; (3) "Certificate of registration" means the certificate issued by the division of health related boards under chapter 1 of this title; (4) "Division" means the division of health related boards in the department of health; (5) "Itinerant certificate" means a certificate issued to an itinerant optometrist; (6) "Itinerant optometrist" means an optometrist who maintains an office at a location other than such optometrist's principal office; (7) "Muscular anomalies" means any deviation from the normal standard; (8) "Objective method" means examination for observing symptoms and/or signs with various instruments and techniques that the optometrist finds by means of one (1) or more of the optometrist's five (5) senses; an examination of the eye or eyes conducted by an optometrist, independent of the patient's statements; (9) "Ophthalmic materials" means any lens that has a spherical, cylindrical or prismatic power or value used before or upon the eye, any contact lens that has no prescription power and any frame or other appliance used for the purpose of holding or positioning any ophthalmic lenses before the eyes; (10) "Optometrist" means a person who is engaged in the practice of optometry as defined; (11) "Orthoptic training" means any ocular exercise for the correction or relief of abnormal muscles or functions of the eyes; (12) "Practice of optometry as a profession" means: (A) The employment of objective or subjective methods, either or both, for the purpose of ascertaining defects of vision or muscular anomalies or other abnormal conditions of the eyes; (B) The prescribing of ophthalmic lenses or prisms to remedy or relieve defects of vision or muscular anomalies and the prescribing of contact lenses, including those with prescription power and those without prescription power which are worn for cosmetic purposes; (C) The orthoptic training, the adjusting or fitting or adapting of lenses or prisms or eyeglasses or spectacles to remedy or relieve defects of vision or muscular anomalies; or (D) The supplying, replacement or duplication of an ophthalmic lens or frame; and (E) (i) One who is engaged in the practice of optometry as a profession as defined in this subdivision (12) and who has sufficient education and professional competence, as determined by the board, is authorized to examine, diagnose, manage and treat conditions and diseases of the eye and eyelid including: (a) The administration and prescribing of pharmaceutical agents rational to the diagnosis and treatment of conditions or diseases of the eye or eyelid; (b) The performance of primary eye care procedures rational to the treatment of conditions or diseases of the eye or eyelid as determined by the board; (c) The performance or ordering of procedures and laboratory tests rational to the diagnosis of conditions or diseases of the eye or eyelid; (d) Additionally, the authority to administer benadryl, epinephrine or equivalent medication to counteract anaphylaxis or anaphylactic reaction; and (e) (1) The use of a local anesthetic in conjunction with the primary care treatment of an eyelid lesion; provided, however, that no optometrist shall use a local anesthetic for this purpose unless that optometrist has met the certification requirements set forth in § 63-8-112(4) and in the rules of the board of optometry for the administration of pharmaceutical agents in the performance of primary eye care procedures. Nothing in this subdivision (12)(E)(i)( e ) shall be construed as allowing an optometrist to perform any reconstructive surgical procedure on the eyelid. Nothing in this subdivision (12)(E)(i)( e ) shall be construed as allowing an optometrist to perform any procedure not approved by the board of optometry prior to April 8, 2014; (2) An optometrist may utilize local anesthesia by injection in performing the following procedures pursuant to this subdivision (12)(E)(i)( e ): (A) Needle drainage of an eyelid abscess, hematoma, bulla, and seroma; (B) Excision of a single epidermal lesion without characteristics of malignancy, no larger than five millimeters (5 mm) in size and no deeper than the dermal layer of the skin; (C) Incision and curettage of a nonrecurrent chalazion; (D) Simple repair of an eyelid laceration no larger than two and one-half centimeters (2.5 cm) and no deeper than the orbicularis muscle and not involving the eyelid margin or lacrimal drainage structures; or (E) Removal of foreign bodies in the eyelid not involving lid margin, lacrimal drainage structures, and extending no deeper than the orbicularis muscle; (3) An optometrist who uses a local anesthetic in the manner allowed by this subdivision (12)(E)(i)( e ) shall provide to the board of optometry proof that the optometrist has current CPR certification by an organization approved by the board; provided, that the optometrist may meet this requirement by providing proof to the board that another person who has current CPR certification will be present in the office of the optometrist at all times that a local anesthetic is used by the optometrist in conjunction with the treatment of an eyelid lesion. Compliance with this provision shall also require that the optometrist maintain in the optometrist's office an AED at all times that a local anesthetic is administered by the optometrist; (ii) All optometrists practicing in this state are prohibited from using nondiagnostic ophthalmic lasers. All optometrists practicing in this state are also prohibited from performing cataract surgery or any surgical procedure requiring other than a topical anesthetic. All optometrists practicing in this state are also prohibited from performing radial keratotomy; (iii) Any optometrist practicing under the authority of this section shall be held to the same standards of care as that of other physicians providing similar services. No optometrist shall practice under this section unless and until the optometrist has submitted to the board evidence of satisfactory completion of all education requirements of § 63-8-112 and has been certified by the board as educationally qualified; (iv) One who is engaged in the practice of optometry as a profession, as hereinabove defined, and who has sufficient education and professional competence, as determined by the board, and who has transcript credit of at least six (6) quarter hours in a course or courses in general and ocular pharmacology, with particular emphasis on diagnostic pharmaceutical agents applied topically to the eye, from a college or university accredited by a regional or professional accreditation organization that is recognized or approved by the board, is authorized to utilize in connection therewith diagnostic pharmaceutical agents (miotics, mydriatics, cycloplegics and anesthetics) applied topically only; (13) "Principal office" means the office location so designated by the optometrist involved; provided, that such office is the location at which the optometrist engages in the majority of the optometrist's practice; (14) "Standard examination" means the examination prescribed by § 63-8-115 ; and (15) "State" means any of the fifty (50) states of the union, the District of Columbia and territories of the United States. Amended by 2014 Tenn. Acts, ch. 638, s 1, eff. 4/8/2014. Acts 1925, ch. 99, § 2; Shan. Supp., § 3654a10; Code 1932, §7027; Acts 1935, ch. 129, § 1; 1939, ch. 90, §§1, 2; impl. am. Acts 1947, ch. 9, §§ 2-4, 9; C. Supp. 1950, § 7027; Acts 1953, ch. 113, § 37; 1975, ch. 116, § 1; modified; Acts 1977, ch. 490, §2; 1979, ch. 406, §§ 1-8; T.C.A. (orig. ed.), § 63-802; Acts 1984, ch. 937, § 34; 1987, ch. 217, § 1; 1993, ch. 295, §1; 2003 , ch. 167, § 1; 2005, ch. 4, §§ 1, 2.
As used in this chapter unless the context otherwise requires:
(1) "Board" means the board of optometry created by this chapter or similar boards created by the optometry law of other states;
(2) "Certificate of fitness" means the certificate issued by the board certifying to the division that the person therein named has met the requirements of this chapter and passed the standard examination given by the board;
(3) "Certificate of registration" means the certificate issued by the division of health related boards under chapter 1 of this title;
(4) "Division" means the division of health related boards in the department of health;
(5) "Itinerant certificate" means a certificate issued to an itinerant optometrist;
(6) "Itinerant optometrist" means an optometrist who maintains an office at a location other than such optometrist's principal office;
(7) "Muscular anomalies" means any deviation from the normal standard;
(8) "Objective method" means examination for observing symptoms and/or signs with various instruments and techniques that the optometrist finds by means of one (1) or more of the optometrist's five (5) senses; an examination of the eye or eyes conducted by an optometrist, independent of the patient's statements;
(9) "Ophthalmic materials" means any lens that has a spherical, cylindrical or prismatic power or value used before or upon the eye, any contact lens that has no prescription power and any frame or other appliance used for the purpose of holding or positioning any ophthalmic lenses before the eyes;
(10) "Optometrist" means a person who is engaged in the practice of optometry as defined;
(11) "Orthoptic training" means any ocular exercise for the correction or relief of abnormal muscles or functions of the eyes;
(12) "Practice of optometry as a profession" means: (A) The employment of objective or subjective methods, either or both, for the purpose of ascertaining defects of vision or muscular anomalies or other abnormal conditions of the eyes; (B) The prescribing of ophthalmic lenses or prisms to remedy or relieve defects of vision or muscular anomalies and the prescribing of contact lenses, including those with prescription power and those without prescription power which are worn for cosmetic purposes; (C) The orthoptic training, the adjusting or fitting or adapting of lenses or prisms or eyeglasses or spectacles to remedy or relieve defects of vision or muscular anomalies; or (D) The supplying, replacement or duplication of an ophthalmic lens or frame; and (E) (i) One who is engaged in the practice of optometry as a profession as defined in this subdivision (12) and who has sufficient education and professional competence, as determined by the board, is authorized to examine, diagnose, manage and treat conditions and diseases of the eye and eyelid including: (a) The administration and prescribing of pharmaceutical agents rational to the diagnosis and treatment of conditions or diseases of the eye or eyelid; (b) The performance of primary eye care procedures rational to the treatment of conditions or diseases of the eye or eyelid as determined by the board; (c) The performance or ordering of procedures and laboratory tests rational to the diagnosis of conditions or diseases of the eye or eyelid; (d) Additionally, the authority to administer benadryl, epinephrine or equivalent medication to counteract anaphylaxis or anaphylactic reaction; and (e) (1) The use of a local anesthetic in conjunction with the primary care treatment of an eyelid lesion; provided, however, that no optometrist shall use a local anesthetic for this purpose unless that optometrist has met the certification requirements set forth in § 63-8-112(4) and in the rules of the board of optometry for the administration of pharmaceutical agents in the performance of primary eye care procedures. Nothing in this subdivision (12)(E)(i)( e ) shall be construed as allowing an optometrist to perform any reconstructive surgical procedure on the eyelid. Nothing in this subdivision (12)(E)(i)( e ) shall be construed as allowing an optometrist to perform any procedure not approved by the board of optometry prior to April 8, 2014; (2) An optometrist may utilize local anesthesia by injection in performing the following procedures pursuant to this subdivision (12)(E)(i)( e ): (A) Needle drainage of an eyelid abscess, hematoma, bulla, and seroma; (B) Excision of a single epidermal lesion without characteristics of malignancy, no larger than five millimeters (5 mm) in size and no deeper than the dermal layer of the skin; (C) Incision and curettage of a nonrecurrent chalazion; (D) Simple repair of an eyelid laceration no larger than two and one-half centimeters (2.5 cm) and no deeper than the orbicularis muscle and not involving the eyelid margin or lacrimal drainage structures; or (E) Removal of foreign bodies in the eyelid not involving lid margin, lacrimal drainage structures, and extending no deeper than the orbicularis muscle; (3) An optometrist who uses a local anesthetic in the manner allowed by this subdivision (12)(E)(i)( e ) shall provide to the board of optometry proof that the optometrist has current CPR certification by an organization approved by the board; provided, that the optometrist may meet this requirement by providing proof to the board that another person who has current CPR certification will be present in the office of the optometrist at all times that a local anesthetic is used by the optometrist in conjunction with the treatment of an eyelid lesion. Compliance with this provision shall also require that the optometrist maintain in the optometrist's office an AED at all times that a local anesthetic is administered by the optometrist; (ii) All optometrists practicing in this state are prohibited from using nondiagnostic ophthalmic lasers. All optometrists practicing in this state are also prohibited from performing cataract surgery or any surgical procedure requiring other than a topical anesthetic. All optometrists practicing in this state are also prohibited from performing radial keratotomy; (iii) Any optometrist practicing under the authority of this section shall be held to the same standards of care as that of other physicians providing similar services. No optometrist shall practice under this section unless and until the optometrist has submitted to the board evidence of satisfactory completion of all education requirements of § 63-8-112 and has been certified by the board as educationally qualified; (iv) One who is engaged in the practice of optometry as a profession, as hereinabove defined, and who has sufficient education and professional competence, as determined by the board, and who has transcript credit of at least six (6) quarter hours in a course or courses in general and ocular pharmacology, with particular emphasis on diagnostic pharmaceutical agents applied topically to the eye, from a college or university accredited by a regional or professional accreditation organization that is recognized or approved by the board, is authorized to utilize in connection therewith diagnostic pharmaceutical agents (miotics, mydriatics, cycloplegics and anesthetics) applied topically only;
(A) The employment of objective or subjective methods, either or both, for the purpose of ascertaining defects of vision or muscular anomalies or other abnormal conditions of the eyes;
(B) The prescribing of ophthalmic lenses or prisms to remedy or relieve defects of vision or muscular anomalies and the prescribing of contact lenses, including those with prescription power and those without prescription power which are worn for cosmetic purposes;
(C) The orthoptic training, the adjusting or fitting or adapting of lenses or prisms or eyeglasses or spectacles to remedy or relieve defects of vision or muscular anomalies; or
(D) The supplying, replacement or duplication of an ophthalmic lens or frame; and
(E) (i) One who is engaged in the practice of optometry as a profession as defined in this subdivision (12) and who has sufficient education and professional competence, as determined by the board, is authorized to examine, diagnose, manage and treat conditions and diseases of the eye and eyelid including: (a) The administration and prescribing of pharmaceutical agents rational to the diagnosis and treatment of conditions or diseases of the eye or eyelid; (b) The performance of primary eye care procedures rational to the treatment of conditions or diseases of the eye or eyelid as determined by the board; (c) The performance or ordering of procedures and laboratory tests rational to the diagnosis of conditions or diseases of the eye or eyelid; (d) Additionally, the authority to administer benadryl, epinephrine or equivalent medication to counteract anaphylaxis or anaphylactic reaction; and (e) (1) The use of a local anesthetic in conjunction with the primary care treatment of an eyelid lesion; provided, however, that no optometrist shall use a local anesthetic for this purpose unless that optometrist has met the certification requirements set forth in § 63-8-112(4) and in the rules of the board of optometry for the administration of pharmaceutical agents in the performance of primary eye care procedures. Nothing in this subdivision (12)(E)(i)( e ) shall be construed as allowing an optometrist to perform any reconstructive surgical procedure on the eyelid. Nothing in this subdivision (12)(E)(i)( e ) shall be construed as allowing an optometrist to perform any procedure not approved by the board of optometry prior to April 8, 2014; (2) An optometrist may utilize local anesthesia by injection in performing the following procedures pursuant to this subdivision (12)(E)(i)( e ): (A) Needle drainage of an eyelid abscess, hematoma, bulla, and seroma; (B) Excision of a single epidermal lesion without characteristics of malignancy, no larger than five millimeters (5 mm) in size and no deeper than the dermal layer of the skin; (C) Incision and curettage of a nonrecurrent chalazion; (D) Simple repair of an eyelid laceration no larger than two and one-half centimeters (2.5 cm) and no deeper than the orbicularis muscle and not involving the eyelid margin or lacrimal drainage structures; or (E) Removal of foreign bodies in the eyelid not involving lid margin, lacrimal drainage structures, and extending no deeper than the orbicularis muscle; (3) An optometrist who uses a local anesthetic in the manner allowed by this subdivision (12)(E)(i)( e ) shall provide to the board of optometry proof that the optometrist has current CPR certification by an organization approved by the board; provided, that the optometrist may meet this requirement by providing proof to the board that another person who has current CPR certification will be present in the office of the optometrist at all times that a local anesthetic is used by the optometrist in conjunction with the treatment of an eyelid lesion. Compliance with this provision shall also require that the optometrist maintain in the optometrist's office an AED at all times that a local anesthetic is administered by the optometrist; (ii) All optometrists practicing in this state are prohibited from using nondiagnostic ophthalmic lasers. All optometrists practicing in this state are also prohibited from performing cataract surgery or any surgical procedure requiring other than a topical anesthetic. All optometrists practicing in this state are also prohibited from performing radial keratotomy; (iii) Any optometrist practicing under the authority of this section shall be held to the same standards of care as that of other physicians providing similar services. No optometrist shall practice under this section unless and until the optometrist has submitted to the board evidence of satisfactory completion of all education requirements of § 63-8-112 and has been certified by the board as educationally qualified; (iv) One who is engaged in the practice of optometry as a profession, as hereinabove defined, and who has sufficient education and professional competence, as determined by the board, and who has transcript credit of at least six (6) quarter hours in a course or courses in general and ocular pharmacology, with particular emphasis on diagnostic pharmaceutical agents applied topically to the eye, from a college or university accredited by a regional or professional accreditation organization that is recognized or approved by the board, is authorized to utilize in connection therewith diagnostic pharmaceutical agents (miotics, mydriatics, cycloplegics and anesthetics) applied topically only;
(i) One who is engaged in the practice of optometry as a profession as defined in this subdivision (12) and who has sufficient education and professional competence, as determined by the board, is authorized to examine, diagnose, manage and treat conditions and diseases of the eye and eyelid including: (a) The administration and prescribing of pharmaceutical agents rational to the diagnosis and treatment of conditions or diseases of the eye or eyelid; (b) The performance of primary eye care procedures rational to the treatment of conditions or diseases of the eye or eyelid as determined by the board; (c) The performance or ordering of procedures and laboratory tests rational to the diagnosis of conditions or diseases of the eye or eyelid; (d) Additionally, the authority to administer benadryl, epinephrine or equivalent medication to counteract anaphylaxis or anaphylactic reaction; and (e) (1) The use of a local anesthetic in conjunction with the primary care treatment of an eyelid lesion; provided, however, that no optometrist shall use a local anesthetic for this purpose unless that optometrist has met the certification requirements set forth in § 63-8-112(4) and in the rules of the board of optometry for the administration of pharmaceutical agents in the performance of primary eye care procedures. Nothing in this subdivision (12)(E)(i)( e ) shall be construed as allowing an optometrist to perform any reconstructive surgical procedure on the eyelid. Nothing in this subdivision (12)(E)(i)( e ) shall be construed as allowing an optometrist to perform any procedure not approved by the board of optometry prior to April 8, 2014; (2) An optometrist may utilize local anesthesia by injection in performing the following procedures pursuant to this subdivision (12)(E)(i)( e ): (A) Needle drainage of an eyelid abscess, hematoma, bulla, and seroma; (B) Excision of a single epidermal lesion without characteristics of malignancy, no larger than five millimeters (5 mm) in size and no deeper than the dermal layer of the skin; (C) Incision and curettage of a nonrecurrent chalazion; (D) Simple repair of an eyelid laceration no larger than two and one-half centimeters (2.5 cm) and no deeper than the orbicularis muscle and not involving the eyelid margin or lacrimal drainage structures; or (E) Removal of foreign bodies in the eyelid not involving lid margin, lacrimal drainage structures, and extending no deeper than the orbicularis muscle; (3) An optometrist who uses a local anesthetic in the manner allowed by this subdivision (12)(E)(i)( e ) shall provide to the board of optometry proof that the optometrist has current CPR certification by an organization approved by the board; provided, that the optometrist may meet this requirement by providing proof to the board that another person who has current CPR certification will be present in the office of the optometrist at all times that a local anesthetic is used by the optometrist in conjunction with the treatment of an eyelid lesion. Compliance with this provision shall also require that the optometrist maintain in the optometrist's office an AED at all times that a local anesthetic is administered by the optometrist;
(a) The administration and prescribing of pharmaceutical agents rational to the diagnosis and treatment of conditions or diseases of the eye or eyelid;
(b) The performance of primary eye care procedures rational to the treatment of conditions or diseases of the eye or eyelid as determined by the board;
(c) The performance or ordering of procedures and laboratory tests rational to the diagnosis of conditions or diseases of the eye or eyelid;
(d) Additionally, the authority to administer benadryl, epinephrine or equivalent medication to counteract anaphylaxis or anaphylactic reaction; and
(e) (1) The use of a local anesthetic in conjunction with the primary care treatment of an eyelid lesion; provided, however, that no optometrist shall use a local anesthetic for this purpose unless that optometrist has met the certification requirements set forth in § 63-8-112(4) and in the rules of the board of optometry for the administration of pharmaceutical agents in the performance of primary eye care procedures. Nothing in this subdivision (12)(E)(i)( e ) shall be construed as allowing an optometrist to perform any reconstructive surgical procedure on the eyelid. Nothing in this subdivision (12)(E)(i)( e ) shall be construed as allowing an optometrist to perform any procedure not approved by the board of optometry prior to April 8, 2014; (2) An optometrist may utilize local anesthesia by injection in performing the following procedures pursuant to this subdivision (12)(E)(i)( e ): (A) Needle drainage of an eyelid abscess, hematoma, bulla, and seroma; (B) Excision of a single epidermal lesion without characteristics of malignancy, no larger than five millimeters (5 mm) in size and no deeper than the dermal layer of the skin; (C) Incision and curettage of a nonrecurrent chalazion; (D) Simple repair of an eyelid laceration no larger than two and one-half centimeters (2.5 cm) and no deeper than the orbicularis muscle and not involving the eyelid margin or lacrimal drainage structures; or (E) Removal of foreign bodies in the eyelid not involving lid margin, lacrimal drainage structures, and extending no deeper than the orbicularis muscle; (3) An optometrist who uses a local anesthetic in the manner allowed by this subdivision (12)(E)(i)( e ) shall provide to the board of optometry proof that the optometrist has current CPR certification by an organization approved by the board; provided, that the optometrist may meet this requirement by providing proof to the board that another person who has current CPR certification will be present in the office of the optometrist at all times that a local anesthetic is used by the optometrist in conjunction with the treatment of an eyelid lesion. Compliance with this provision shall also require that the optometrist maintain in the optometrist's office an AED at all times that a local anesthetic is administered by the optometrist;
(1) The use of a local anesthetic in conjunction with the primary care treatment of an eyelid lesion; provided, however, that no optometrist shall use a local anesthetic for this purpose unless that optometrist has met the certification requirements set forth in § 63-8-112(4) and in the rules of the board of optometry for the administration of pharmaceutical agents in the performance of primary eye care procedures. Nothing in this subdivision (12)(E)(i)( e ) shall be construed as allowing an optometrist to perform any reconstructive surgical procedure on the eyelid. Nothing in this subdivision (12)(E)(i)( e ) shall be construed as allowing an optometrist to perform any procedure not approved by the board of optometry prior to April 8, 2014;
(2) An optometrist may utilize local anesthesia by injection in performing the following procedures pursuant to this subdivision (12)(E)(i)( e ): (A) Needle drainage of an eyelid abscess, hematoma, bulla, and seroma; (B) Excision of a single epidermal lesion without characteristics of malignancy, no larger than five millimeters (5 mm) in size and no deeper than the dermal layer of the skin; (C) Incision and curettage of a nonrecurrent chalazion; (D) Simple repair of an eyelid laceration no larger than two and one-half centimeters (2.5 cm) and no deeper than the orbicularis muscle and not involving the eyelid margin or lacrimal drainage structures; or (E) Removal of foreign bodies in the eyelid not involving lid margin, lacrimal drainage structures, and extending no deeper than the orbicularis muscle;
(A) Needle drainage of an eyelid abscess, hematoma, bulla, and seroma;
(B) Excision of a single epidermal lesion without characteristics of malignancy, no larger than five millimeters (5 mm) in size and no deeper than the dermal layer of the skin;
(C) Incision and curettage of a nonrecurrent chalazion;
(D) Simple repair of an eyelid laceration no larger than two and one-half centimeters (2.5 cm) and no deeper than the orbicularis muscle and not involving the eyelid margin or lacrimal drainage structures; or
(E) Removal of foreign bodies in the eyelid not involving lid margin, lacrimal drainage structures, and extending no deeper than the orbicularis muscle;
(3) An optometrist who uses a local anesthetic in the manner allowed by this subdivision (12)(E)(i)( e ) shall provide to the board of optometry proof that the optometrist has current CPR certification by an organization approved by the board; provided, that the optometrist may meet this requirement by providing proof to the board that another person who has current CPR certification will be present in the office of the optometrist at all times that a local anesthetic is used by the optometrist in conjunction with the treatment of an eyelid lesion. Compliance with this provision shall also require that the optometrist maintain in the optometrist's office an AED at all times that a local anesthetic is administered by the optometrist;
(ii) All optometrists practicing in this state are prohibited from using nondiagnostic ophthalmic lasers. All optometrists practicing in this state are also prohibited from performing cataract surgery or any surgical procedure requiring other than a topical anesthetic. All optometrists practicing in this state are also prohibited from performing radial keratotomy;
(iii) Any optometrist practicing under the authority of this section shall be held to the same standards of care as that of other physicians providing similar services. No optometrist shall practice under this section unless and until the optometrist has submitted to the board evidence of satisfactory completion of all education requirements of § 63-8-112 and has been certified by the board as educationally qualified;
(iv) One who is engaged in the practice of optometry as a profession, as hereinabove defined, and who has sufficient education and professional competence, as determined by the board, and who has transcript credit of at least six (6) quarter hours in a course or courses in general and ocular pharmacology, with particular emphasis on diagnostic pharmaceutical agents applied topically to the eye, from a college or university accredited by a regional or professional accreditation organization that is recognized or approved by the board, is authorized to utilize in connection therewith diagnostic pharmaceutical agents (miotics, mydriatics, cycloplegics and anesthetics) applied topically only;
(13) "Principal office" means the office location so designated by the optometrist involved; provided, that such office is the location at which the optometrist engages in the majority of the optometrist's practice;
(14) "Standard examination" means the examination prescribed by § 63-8-115 ; and
(15) "State" means any of the fifty (50) states of the union, the District of Columbia and territories of the United States.
Amended by 2014 Tenn. Acts, ch. 638, s 1, eff. 4/8/2014.
Acts 1925, ch. 99, § 2; Shan. Supp., § 3654a10; Code 1932, §7027; Acts 1935, ch. 129, § 1; 1939, ch. 90, §§1, 2; impl. am. Acts 1947, ch. 9, §§ 2-4, 9; C. Supp. 1950, § 7027; Acts 1953, ch. 113, § 37; 1975, ch. 116, § 1; modified; Acts 1977, ch. 490, §2; 1979, ch. 406, §§ 1-8; T.C.A. (orig. ed.), § 63-802; Acts 1984, ch. 937, § 34; 1987, ch. 217, § 1; 1993, ch. 295, §1; 2003 , ch. 167, § 1; 2005, ch. 4, §§ 1, 2.
Tenn. Code Ann. § 63-6-228 — TN Code / Title 63 / Chapter 6 / Section 63-6-228
Community health management information systems
Status: in_force

(a) This section shall be known and may be cited as the "Tennessee Community Health Management Information System Law of 1993." (b) As used in this section, unless the context otherwise requires: (1) "Collected data" means health care data consisting of all information, interviews or other reports, statements, memoranda or other information furnished from all sources and in whatever form to the quality assessment committee, together with the records, reports, proceedings and other information used by the quality assessment committee to reach its conclusions in the form of releasable data as defined in this section; (2) "Community health management information system (CHMIS)" means any broad based organization, including, but not limited to, providers of health care goods and services, payors for health care goods and services, including insurors and employers, and users of health care goods and services, whose goal is to monitor and improve the level of community wellness and the quality of health care rendered by providers of health care delivery services and the financial reimbursement systems in a county having a population in excess of eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census; (3) "Quality assessment committee" means a committee of a CHMIS consisting primarily of physicians and other providers of health care, with insurors and employers, whose purpose is to collect, analyze and refine health care data as part of the CHMIS; and (4) "Releasable data" means summaries and conclusions of collected data of the quality assessment committee determined by such quality assessment committee to be scientifically valid and formally delivered to the quality executive committee to achieve the purposes of the CHMIS. (c) It is the stated policy of Tennessee to encourage each CHMIS to candidly, conscientiously and objectively monitor and improve the level of community wellness and quality of health care delivery services and financial reimbursement systems. Tennessee further recognizes that confidentiality is essential both to effective functioning of the CHMIS and to continued improvement in the access to, the efficiency of and the quality of health care services. As incentive for the providers, payors and users of health care services to participate in a quality assessment committee, such quality assessment committee must be protected from liability for its good faith efforts. To this end, a quality assessment committee of a CHMIS should be granted certain immunities relating to its actions undertaken as part of its responsibility to collect, analyze and refine health care data. In instances of a quality assessment committee examining the appropriateness of physicians' fees, this immunity must also extend to restraint of trade claims under title 47, chapter 25. (d) (1) All health care professional associations and societies and other organizations, including insurors and employers, institutions, foundations, entities and associated communities as identified in subsection (c), physicians, registered nurses, hospitals, hospital administrators and employees, members of boards of directors or trustees of any publicly supported or privately supported hospital or other such provider of health care, any person acting as a staff member of a quality assessment committee of a CHMIS, any person under a contract or other formal agreement with a quality assessment committee of a CHMIS, any person who participates with or assists a quality assessment committee of a CHMIS with respect to its functions or any other individual appointed to any quality assessment committee as such term is described in subsection (b) shall be immune from liability to any patient, individual or organization for furnishing information, data, reports or records to any such quality assessment committee or for damages resulting from any decision, opinions, actions and proceedings rendered, entered or acted upon by a quality assessment committee undertaken or performed within the scope or function of the duties of such quality assessment committees, if made or taken in good faith and without malice and on the basis of facts reasonably known or reasonably believed to exist. (2) Notwithstanding subdivision (d)(1), any person providing information to a quality assessment committee of a CHMIS regarding the analysis and refinement of health care data shall be immune from liability to any person, unless such information is false and the person providing it had actual knowledge of such falsity. (e) All collected data of the CHMIS are declared to be privileged and shall not be public records nor be available for court subpoena or for discovery proceedings. The CHMIS, through a quality executive committee or similar committee, shall establish particular categories of health care data and refinement periods for each category of health care data, whether such data is collected data or releasable data. Releasable data shall be subject to the privileges and limitations of collected data for refinement periods as determined by the quality executive committee. When the refinement period has expired for a particular category of releasable data, then such immunities and privileges set forth in this subsection (e) shall no longer apply to the releasable data for such category. The disclosure of confidential, privileged quality assessment committee information to original sources during the refinement period, or as a report by the quality assessment committee to the quality executive committee, the CHMIS board of directors or another executive committee within the CHMIS, prior to the expiration of the refinement period does not constitute either a waiver of confidentiality or privilege. Nothing contained in this subsection (e) applies to records made in the regular course of business by a hospital or other provider of health care and information, documents or records otherwise available from original sources are not to be construed as immune from discovery or use in any civil proceedings merely because they were presented during the refinement period of the quality assessment committee. Acts 1993, ch. 333, § 1.
(a) This section shall be known and may be cited as the "Tennessee Community Health Management Information System Law of 1993."
(b) As used in this section, unless the context otherwise requires: (1) "Collected data" means health care data consisting of all information, interviews or other reports, statements, memoranda or other information furnished from all sources and in whatever form to the quality assessment committee, together with the records, reports, proceedings and other information used by the quality assessment committee to reach its conclusions in the form of releasable data as defined in this section; (2) "Community health management information system (CHMIS)" means any broad based organization, including, but not limited to, providers of health care goods and services, payors for health care goods and services, including insurors and employers, and users of health care goods and services, whose goal is to monitor and improve the level of community wellness and the quality of health care rendered by providers of health care delivery services and the financial reimbursement systems in a county having a population in excess of eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census; (3) "Quality assessment committee" means a committee of a CHMIS consisting primarily of physicians and other providers of health care, with insurors and employers, whose purpose is to collect, analyze and refine health care data as part of the CHMIS; and (4) "Releasable data" means summaries and conclusions of collected data of the quality assessment committee determined by such quality assessment committee to be scientifically valid and formally delivered to the quality executive committee to achieve the purposes of the CHMIS.
(1) "Collected data" means health care data consisting of all information, interviews or other reports, statements, memoranda or other information furnished from all sources and in whatever form to the quality assessment committee, together with the records, reports, proceedings and other information used by the quality assessment committee to reach its conclusions in the form of releasable data as defined in this section;
(2) "Community health management information system (CHMIS)" means any broad based organization, including, but not limited to, providers of health care goods and services, payors for health care goods and services, including insurors and employers, and users of health care goods and services, whose goal is to monitor and improve the level of community wellness and the quality of health care rendered by providers of health care delivery services and the financial reimbursement systems in a county having a population in excess of eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census;
(3) "Quality assessment committee" means a committee of a CHMIS consisting primarily of physicians and other providers of health care, with insurors and employers, whose purpose is to collect, analyze and refine health care data as part of the CHMIS; and
(4) "Releasable data" means summaries and conclusions of collected data of the quality assessment committee determined by such quality assessment committee to be scientifically valid and formally delivered to the quality executive committee to achieve the purposes of the CHMIS.
(c) It is the stated policy of Tennessee to encourage each CHMIS to candidly, conscientiously and objectively monitor and improve the level of community wellness and quality of health care delivery services and financial reimbursement systems. Tennessee further recognizes that confidentiality is essential both to effective functioning of the CHMIS and to continued improvement in the access to, the efficiency of and the quality of health care services. As incentive for the providers, payors and users of health care services to participate in a quality assessment committee, such quality assessment committee must be protected from liability for its good faith efforts. To this end, a quality assessment committee of a CHMIS should be granted certain immunities relating to its actions undertaken as part of its responsibility to collect, analyze and refine health care data. In instances of a quality assessment committee examining the appropriateness of physicians' fees, this immunity must also extend to restraint of trade claims under title 47, chapter 25.
(d) (1) All health care professional associations and societies and other organizations, including insurors and employers, institutions, foundations, entities and associated communities as identified in subsection (c), physicians, registered nurses, hospitals, hospital administrators and employees, members of boards of directors or trustees of any publicly supported or privately supported hospital or other such provider of health care, any person acting as a staff member of a quality assessment committee of a CHMIS, any person under a contract or other formal agreement with a quality assessment committee of a CHMIS, any person who participates with or assists a quality assessment committee of a CHMIS with respect to its functions or any other individual appointed to any quality assessment committee as such term is described in subsection (b) shall be immune from liability to any patient, individual or organization for furnishing information, data, reports or records to any such quality assessment committee or for damages resulting from any decision, opinions, actions and proceedings rendered, entered or acted upon by a quality assessment committee undertaken or performed within the scope or function of the duties of such quality assessment committees, if made or taken in good faith and without malice and on the basis of facts reasonably known or reasonably believed to exist. (2) Notwithstanding subdivision (d)(1), any person providing information to a quality assessment committee of a CHMIS regarding the analysis and refinement of health care data shall be immune from liability to any person, unless such information is false and the person providing it had actual knowledge of such falsity.
(1) All health care professional associations and societies and other organizations, including insurors and employers, institutions, foundations, entities and associated communities as identified in subsection (c), physicians, registered nurses, hospitals, hospital administrators and employees, members of boards of directors or trustees of any publicly supported or privately supported hospital or other such provider of health care, any person acting as a staff member of a quality assessment committee of a CHMIS, any person under a contract or other formal agreement with a quality assessment committee of a CHMIS, any person who participates with or assists a quality assessment committee of a CHMIS with respect to its functions or any other individual appointed to any quality assessment committee as such term is described in subsection (b) shall be immune from liability to any patient, individual or organization for furnishing information, data, reports or records to any such quality assessment committee or for damages resulting from any decision, opinions, actions and proceedings rendered, entered or acted upon by a quality assessment committee undertaken or performed within the scope or function of the duties of such quality assessment committees, if made or taken in good faith and without malice and on the basis of facts reasonably known or reasonably believed to exist.
(2) Notwithstanding subdivision (d)(1), any person providing information to a quality assessment committee of a CHMIS regarding the analysis and refinement of health care data shall be immune from liability to any person, unless such information is false and the person providing it had actual knowledge of such falsity.
(e) All collected data of the CHMIS are declared to be privileged and shall not be public records nor be available for court subpoena or for discovery proceedings. The CHMIS, through a quality executive committee or similar committee, shall establish particular categories of health care data and refinement periods for each category of health care data, whether such data is collected data or releasable data. Releasable data shall be subject to the privileges and limitations of collected data for refinement periods as determined by the quality executive committee. When the refinement period has expired for a particular category of releasable data, then such immunities and privileges set forth in this subsection (e) shall no longer apply to the releasable data for such category. The disclosure of confidential, privileged quality assessment committee information to original sources during the refinement period, or as a report by the quality assessment committee to the quality executive committee, the CHMIS board of directors or another executive committee within the CHMIS, prior to the expiration of the refinement period does not constitute either a waiver of confidentiality or privilege. Nothing contained in this subsection (e) applies to records made in the regular course of business by a hospital or other provider of health care and information, documents or records otherwise available from original sources are not to be construed as immune from discovery or use in any civil proceedings merely because they were presented during the refinement period of the quality assessment committee.
Acts 1993, ch. 333, § 1.
Tenn. Code Ann. § 63-10-504 — TN Code / Title 63 / Chapter 10 / Section 63-10-504
Acceptance and dispensing of donated prescription drugs and supplies
Status: in_force

Prescription drugs or supplies may be accepted and dispensed under the prescription drug donation repository program in accordance with the following: (1) Prior to the first donation from a new donor, a repository shall verify and record the following: (A) The person or entity qualifies as a donor as defined in § 63-10-502 ; (B) The donor's name, address, phone number, and license number, if applicable; and (C) That the donor will only make donations in accordance with this part; (2) A licensed pharmacist employed, or under contract, with the program shall inspect donated prescription drugs and supplies prior to dispensing to determine if the donated prescription drugs and supplies are suitable for dispensing pursuant to this section; (3) Repositories shall store donated prescription drugs and supplies in a secure area in compliance with all United States food and drug administration and United States Pharmacopeia packaging and storage requirements; (4) Donated prescription drugs and supplies must be physically or electronically separated from non-donated prescription drugs and supplies; (5) Repositories shall redact donor information from the packaging of donated prescription drugs and supplies prior to dispensing; (6) Donated prescription drugs and supplies may be repackaged. Repackaged donated prescription drugs must be relabeled with the drug name, dose, and expiration date; (7) Repositories shall maintain an electronic inventory of accepted donated prescription drugs and supplies that includes the drug name, national drug code number, quantity, and date of donation; (8) Repositories shall return or destroy donated prescription drugs or supplies that are not suitable for dispensing; (9) Repositories shall dispose of donated prescription drugs and supplies by returning to the donor, transferring to a reverse distributor, or incinerating in an incinerator that is approved by the federal environmental protection agency; (10) The record of transaction history for donated prescription drugs and supplies must be maintained, beginning with the donor, including all prior donations, but not including information that is not required by law to be placed on the prescription drug's label; (11) An identifier or bar code may be used in place of information required by law for a record or label if the identifier or bar code allows for that information to be readily retrievable; (12) Repositories shall dispense in compliance with all applicable federal and state laws and regulations for dispensing, labeling, packaging, and record keeping; (13) An expiration date is required on all dispensed prescription drugs and supplies. If multiple packaged donated drugs are used to fill a single prescription, then the shortest expiration date must be used for the dispensed prescription; (14) A donated prescription drug or supply must not be dispensed after its expiration date; (15) Donated prescription drugs must not expire before the end-use date by the patient based on the prescriber's directions; (16) Controlled substances are not acceptable for donation and must be disposed of pursuant to regulations promulgated by the federal drug enforcement administration (DEA); (17) Prescription drugs that are part of a risk evaluation and mitigation strategy (REMS) program of the federal food and drug administration must not be accepted for donation; (18) Records required pursuant to this section must be retained in physical or electronic format for a period of three (3) years. A donor or repository may contract with one another or a third party to create or maintain records on each other's behalf; and (19) Donated prescription drugs and supplies may be used to replenish inventory in compliance with applicable provisions of 42 U.S.C. § 256b and regulations promulgated pursuant to that statute. Added by 2023 Tenn. Acts, ch. 200, s 1, eff. 1/1/2024.
Prescription drugs or supplies may be accepted and dispensed under the prescription drug donation repository program in accordance with the following:
(1) Prior to the first donation from a new donor, a repository shall verify and record the following: (A) The person or entity qualifies as a donor as defined in § 63-10-502 ; (B) The donor's name, address, phone number, and license number, if applicable; and (C) That the donor will only make donations in accordance with this part;
(A) The person or entity qualifies as a donor as defined in § 63-10-502 ;
(B) The donor's name, address, phone number, and license number, if applicable; and
(C) That the donor will only make donations in accordance with this part;
(2) A licensed pharmacist employed, or under contract, with the program shall inspect donated prescription drugs and supplies prior to dispensing to determine if the donated prescription drugs and supplies are suitable for dispensing pursuant to this section;
(3) Repositories shall store donated prescription drugs and supplies in a secure area in compliance with all United States food and drug administration and United States Pharmacopeia packaging and storage requirements;
(4) Donated prescription drugs and supplies must be physically or electronically separated from non-donated prescription drugs and supplies;
(5) Repositories shall redact donor information from the packaging of donated prescription drugs and supplies prior to dispensing;
(6) Donated prescription drugs and supplies may be repackaged. Repackaged donated prescription drugs must be relabeled with the drug name, dose, and expiration date;
(7) Repositories shall maintain an electronic inventory of accepted donated prescription drugs and supplies that includes the drug name, national drug code number, quantity, and date of donation;
(8) Repositories shall return or destroy donated prescription drugs or supplies that are not suitable for dispensing;
(9) Repositories shall dispose of donated prescription drugs and supplies by returning to the donor, transferring to a reverse distributor, or incinerating in an incinerator that is approved by the federal environmental protection agency;
(10) The record of transaction history for donated prescription drugs and supplies must be maintained, beginning with the donor, including all prior donations, but not including information that is not required by law to be placed on the prescription drug's label;
(11) An identifier or bar code may be used in place of information required by law for a record or label if the identifier or bar code allows for that information to be readily retrievable;
(12) Repositories shall dispense in compliance with all applicable federal and state laws and regulations for dispensing, labeling, packaging, and record keeping;
(13) An expiration date is required on all dispensed prescription drugs and supplies. If multiple packaged donated drugs are used to fill a single prescription, then the shortest expiration date must be used for the dispensed prescription;
(14) A donated prescription drug or supply must not be dispensed after its expiration date;
(15) Donated prescription drugs must not expire before the end-use date by the patient based on the prescriber's directions;
(16) Controlled substances are not acceptable for donation and must be disposed of pursuant to regulations promulgated by the federal drug enforcement administration (DEA);
(17) Prescription drugs that are part of a risk evaluation and mitigation strategy (REMS) program of the federal food and drug administration must not be accepted for donation;
(18) Records required pursuant to this section must be retained in physical or electronic format for a period of three (3) years. A donor or repository may contract with one another or a third party to create or maintain records on each other's behalf; and
(19) Donated prescription drugs and supplies may be used to replenish inventory in compliance with applicable provisions of 42 U.S.C. § 256b and regulations promulgated pursuant to that statute.
Added by 2023 Tenn. Acts, ch. 200, s 1, eff. 1/1/2024.
Tenn. Code Ann. § 63-1-163 — TN Code / Title 63 / Chapter 1 / Section 63-1-163
Partial fill for prescription for controlled substance - Partial fill for opioid
Status: in_force

(a) As used in this section: (1) "Original prescription" means a prescription for a controlled substance from an authorized prescriber that is presented by the patient to the pharmacist or submitted electronically to the pharmacy; and (2) "Partial fill" means a prescription filled in a lesser quantity than the amount specified on the prescription for the patient. (b) (1) A prescription for a controlled substance may be partially filled if: (A) The partial fill is requested by the patient or the practitioner who wrote the prescription; and (B) The total quantity dispensed through partial fills pursuant to subdivision (b)(1)(A) does not exceed the total quantity prescribed for the original prescription. (2) If a partial fill is made, the pharmacist shall retain the original prescription at the pharmacy where the prescription was first presented and the partial fill dispensed. (3) Any subsequent fill must occur at the pharmacy that initially dispensed the partial fill. Any subsequent fill must be filled within six (6) months from issuance of the original prescription, unless federal law requires it to be filled within a shorter timeframe. (c) (1) If a partial fill is dispensed, the pharmacist shall only record in the controlled substance database the partial fill amount actually dispensed. (2) If a partial fill is dispensed, the pharmacist shall notify the prescribing practitioner of the partial fill and of the amount actually dispensed: (A) Through a notation in the interoperable electronic health record of the patient; (B) Through submission of information to the controlled substance database; (C) By electronic or facsimile transmission; or (D) Through a notation in the patient's record that is maintained by the pharmacy, and that is accessible to the practitioner upon request. (3) Nothing in this section shall be construed to conflict with or supersede any other requirement established in this part or title 53, chapter 10 or 11, for a prescription of a controlled substance. (d) (1) A pharmacist or pharmacy is authorized to charge a dispensing fee to cover the actual supply and labor costs associated with the dispensing of the original prescription of an opioid and each partial fill associated with the original prescription. (2) Any cost sharing, copayment, dispensing fee, or any portion thereof, made to a pharmacist or pharmacy for the dispensing of a partial fill of an opioid shall not be considered an overpayment. (3) A health insurance issuer or pharmacy benefits manager shall not utilize partial fills of an opioid to reduce payments to a pharmacist or pharmacy for dispensing multiple partial fills. (e) (1) A pharmacist or pharmacy is authorized to charge a dispensing fee to cover the actual supply and labor costs associated with the dispensing of the original prescription of a controlled substance other than an opioid and each partial fill associated with the original prescription. (2) Any cost sharing, copayment, dispensing fee, or any portion thereof, made to a pharmacist or pharmacy for the dispensing of a partial fill of a controlled substance other than an opioid shall not be considered an overpayment. (3) A health insurance issuer or pharmacy benefits manager shall not utilize partial fills of a controlled substance other than an opioid to reduce payments to a pharmacist or pharmacy for dispensing multiple partial fills. (f) By January 1, 2021, all pharmacy dispensing software vendors operating in this state shall update their dispensing software systems to allow for partial filling of controlled substances pursuant to this section. Amended by 2019 Tenn. Acts, ch. 124, Secs.s 5, s 6, s 14, s 15 eff. 4/9/2019. Acts 2018 , ch. 1007, § 1.
(a) As used in this section: (1) "Original prescription" means a prescription for a controlled substance from an authorized prescriber that is presented by the patient to the pharmacist or submitted electronically to the pharmacy; and (2) "Partial fill" means a prescription filled in a lesser quantity than the amount specified on the prescription for the patient.
(1) "Original prescription" means a prescription for a controlled substance from an authorized prescriber that is presented by the patient to the pharmacist or submitted electronically to the pharmacy; and
(2) "Partial fill" means a prescription filled in a lesser quantity than the amount specified on the prescription for the patient.
(b) (1) A prescription for a controlled substance may be partially filled if: (A) The partial fill is requested by the patient or the practitioner who wrote the prescription; and (B) The total quantity dispensed through partial fills pursuant to subdivision (b)(1)(A) does not exceed the total quantity prescribed for the original prescription. (2) If a partial fill is made, the pharmacist shall retain the original prescription at the pharmacy where the prescription was first presented and the partial fill dispensed. (3) Any subsequent fill must occur at the pharmacy that initially dispensed the partial fill. Any subsequent fill must be filled within six (6) months from issuance of the original prescription, unless federal law requires it to be filled within a shorter timeframe.
(1) A prescription for a controlled substance may be partially filled if: (A) The partial fill is requested by the patient or the practitioner who wrote the prescription; and (B) The total quantity dispensed through partial fills pursuant to subdivision (b)(1)(A) does not exceed the total quantity prescribed for the original prescription.
(A) The partial fill is requested by the patient or the practitioner who wrote the prescription; and
(B) The total quantity dispensed through partial fills pursuant to subdivision (b)(1)(A) does not exceed the total quantity prescribed for the original prescription.
(2) If a partial fill is made, the pharmacist shall retain the original prescription at the pharmacy where the prescription was first presented and the partial fill dispensed.
(3) Any subsequent fill must occur at the pharmacy that initially dispensed the partial fill. Any subsequent fill must be filled within six (6) months from issuance of the original prescription, unless federal law requires it to be filled within a shorter timeframe.
(c) (1) If a partial fill is dispensed, the pharmacist shall only record in the controlled substance database the partial fill amount actually dispensed. (2) If a partial fill is dispensed, the pharmacist shall notify the prescribing practitioner of the partial fill and of the amount actually dispensed: (A) Through a notation in the interoperable electronic health record of the patient; (B) Through submission of information to the controlled substance database; (C) By electronic or facsimile transmission; or (D) Through a notation in the patient's record that is maintained by the pharmacy, and that is accessible to the practitioner upon request. (3) Nothing in this section shall be construed to conflict with or supersede any other requirement established in this part or title 53, chapter 10 or 11, for a prescription of a controlled substance.
(1) If a partial fill is dispensed, the pharmacist shall only record in the controlled substance database the partial fill amount actually dispensed.
(2) If a partial fill is dispensed, the pharmacist shall notify the prescribing practitioner of the partial fill and of the amount actually dispensed: (A) Through a notation in the interoperable electronic health record of the patient; (B) Through submission of information to the controlled substance database; (C) By electronic or facsimile transmission; or (D) Through a notation in the patient's record that is maintained by the pharmacy, and that is accessible to the practitioner upon request.
(A) Through a notation in the interoperable electronic health record of the patient;
(B) Through submission of information to the controlled substance database;
(C) By electronic or facsimile transmission; or
(D) Through a notation in the patient's record that is maintained by the pharmacy, and that is accessible to the practitioner upon request.
(3) Nothing in this section shall be construed to conflict with or supersede any other requirement established in this part or title 53, chapter 10 or 11, for a prescription of a controlled substance.
(d) (1) A pharmacist or pharmacy is authorized to charge a dispensing fee to cover the actual supply and labor costs associated with the dispensing of the original prescription of an opioid and each partial fill associated with the original prescription. (2) Any cost sharing, copayment, dispensing fee, or any portion thereof, made to a pharmacist or pharmacy for the dispensing of a partial fill of an opioid shall not be considered an overpayment. (3) A health insurance issuer or pharmacy benefits manager shall not utilize partial fills of an opioid to reduce payments to a pharmacist or pharmacy for dispensing multiple partial fills.
(1) A pharmacist or pharmacy is authorized to charge a dispensing fee to cover the actual supply and labor costs associated with the dispensing of the original prescription of an opioid and each partial fill associated with the original prescription.
(2) Any cost sharing, copayment, dispensing fee, or any portion thereof, made to a pharmacist or pharmacy for the dispensing of a partial fill of an opioid shall not be considered an overpayment.
(3) A health insurance issuer or pharmacy benefits manager shall not utilize partial fills of an opioid to reduce payments to a pharmacist or pharmacy for dispensing multiple partial fills.
(e) (1) A pharmacist or pharmacy is authorized to charge a dispensing fee to cover the actual supply and labor costs associated with the dispensing of the original prescription of a controlled substance other than an opioid and each partial fill associated with the original prescription. (2) Any cost sharing, copayment, dispensing fee, or any portion thereof, made to a pharmacist or pharmacy for the dispensing of a partial fill of a controlled substance other than an opioid shall not be considered an overpayment. (3) A health insurance issuer or pharmacy benefits manager shall not utilize partial fills of a controlled substance other than an opioid to reduce payments to a pharmacist or pharmacy for dispensing multiple partial fills.
(1) A pharmacist or pharmacy is authorized to charge a dispensing fee to cover the actual supply and labor costs associated with the dispensing of the original prescription of a controlled substance other than an opioid and each partial fill associated with the original prescription.
(2) Any cost sharing, copayment, dispensing fee, or any portion thereof, made to a pharmacist or pharmacy for the dispensing of a partial fill of a controlled substance other than an opioid shall not be considered an overpayment.
(3) A health insurance issuer or pharmacy benefits manager shall not utilize partial fills of a controlled substance other than an opioid to reduce payments to a pharmacist or pharmacy for dispensing multiple partial fills.
(f) By January 1, 2021, all pharmacy dispensing software vendors operating in this state shall update their dispensing software systems to allow for partial filling of controlled substances pursuant to this section.
Amended by 2019 Tenn. Acts, ch. 124, Secs.s 5, s 6, s 14, s 15 eff. 4/9/2019.
Acts 2018 , ch. 1007, § 1.
Tenn. Code Ann. § 63-16-109 — TN Code / Title 63 / Chapter 16 / Section 63-16-109
Reciprocity
Status: in_force

The board may approve and authorize issuance of a nursing home administrator license without examination to any person who holds a current license as a nursing home administrator from another jurisdiction, upon payment of a nonrefundable application fee as set annually by the board and upon proper registration and payment of the annual fee provided in this chapter, if the board finds that the applicant's personal qualifications and education are at least substantially equivalent to the licensure standards in this state. Acts 1970, ch. 565, § 9; 1981, ch. 464, § 4; T.C.A., § 63-1609; Acts 1986, ch. 719, §1; 1987, ch. 247, § 7; 1989, ch. 523, § 87.
The board may approve and authorize issuance of a nursing home administrator license without examination to any person who holds a current license as a nursing home administrator from another jurisdiction, upon payment of a nonrefundable application fee as set annually by the board and upon proper registration and payment of the annual fee provided in this chapter, if the board finds that the applicant's personal qualifications and education are at least substantially equivalent to the licensure standards in this state.
Acts 1970, ch. 565, § 9; 1981, ch. 464, § 4; T.C.A., § 63-1609; Acts 1986, ch. 719, §1; 1987, ch. 247, § 7; 1989, ch. 523, § 87.
Tenn. Code Ann. § 63-1-119 — TN Code / Title 63 / Chapter 1 / Section 63-1-119
Effect of chapter on other law
Status: in_force

No provision of this chapter shall be construed as repealing any other law with reference to the requirements regulating the practice of the healing arts or any branch thereof, except insofar as the same may conflict with this chapter. Acts 1947, ch. 9, § 9; C. Supp. 1950, § 6907.9 (Williams, § 6917.26); modified; T.C.A. (orig. ed.), § 63-118; Acts 1984, ch. 937, § 53; T.C.A., § 63-1-101 .
No provision of this chapter shall be construed as repealing any other law with reference to the requirements regulating the practice of the healing arts or any branch thereof, except insofar as the same may conflict with this chapter.
Acts 1947, ch. 9, § 9; C. Supp. 1950, § 6907.9 (Williams, § 6917.26); modified; T.C.A. (orig. ed.), § 63-118; Acts 1984, ch. 937, § 53; T.C.A., § 63-1-101 .
Tenn. Code Ann. § 63-5-119 — TN Code / Title 63 / Chapter 5 / Section 63-5-119
Disbursement of fees, fines and penalties - Operating expenses - Compensation - Conference attendance
Status: in_force

(a) All fees coming into the hands of the board, including examination fees, renewal fees, fines and penalties, shall be paid by the board to the state treasurer and become part of the general fund. The commissioner of finance and administration shall make allotments out of the general fund of at least eighty-five percent (85%) of the funds paid into the general fund by the board for the proper expenditures of the board, and no expenditure shall be made by the board until allotment for the expenditure has been made by the commissioner. Such allotments for the operation of the board shall be disbursed under the general budgetary laws of the state. (b) The members of the board shall receive as compensation the sum of one hundred dollars ($100) for each day they are actually engaged in the duties of the board in Tennessee, and all necessary expenses incurred in attending the meetings of the board. All reimbursements 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. (c) All fines, fees and penalties provided for in this chapter, whether imposed or required by the board or assessed or imposed by a court, judge or jury, shall belong to and be paid to the board. (d) The secretary of the board shall, in addition to the per diem provided by this section, receive a salary not to exceed five hundred dollars ($500) per month as set annually by the board. (e) (1) The board may select one (1) or more of its members to attend, at the expense of the board, annual meetings of such agencies and associations as the Southern Regional Testing Agency, American Association of Dental Examiners and the Southern Conference of Dental Deans and Examiners, where attendance is necessary and important to the proper functioning of the board. (2) The members of the board may receive as compensation for attendance at such annual meetings the sum of fifty dollars ($50.00) for each day they are actually engaged in the duties of the board at such annual meetings. Acts 1957, ch. 32, § 20; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; Acts 1969, ch. 29, § 8; 1976, ch. 806, §1(112); 1978, ch. 824, § 15; T.C.A., § 63-548; Acts 1994, ch. 666, § 1.
(a) All fees coming into the hands of the board, including examination fees, renewal fees, fines and penalties, shall be paid by the board to the state treasurer and become part of the general fund. The commissioner of finance and administration shall make allotments out of the general fund of at least eighty-five percent (85%) of the funds paid into the general fund by the board for the proper expenditures of the board, and no expenditure shall be made by the board until allotment for the expenditure has been made by the commissioner. Such allotments for the operation of the board shall be disbursed under the general budgetary laws of the state.
(b) The members of the board shall receive as compensation the sum of one hundred dollars ($100) for each day they are actually engaged in the duties of the board in Tennessee, and all necessary expenses incurred in attending the meetings of the board. All reimbursements 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.
(c) All fines, fees and penalties provided for in this chapter, whether imposed or required by the board or assessed or imposed by a court, judge or jury, shall belong to and be paid to the board.
(d) The secretary of the board shall, in addition to the per diem provided by this section, receive a salary not to exceed five hundred dollars ($500) per month as set annually by the board.
(e) (1) The board may select one (1) or more of its members to attend, at the expense of the board, annual meetings of such agencies and associations as the Southern Regional Testing Agency, American Association of Dental Examiners and the Southern Conference of Dental Deans and Examiners, where attendance is necessary and important to the proper functioning of the board. (2) The members of the board may receive as compensation for attendance at such annual meetings the sum of fifty dollars ($50.00) for each day they are actually engaged in the duties of the board at such annual meetings.
(1) The board may select one (1) or more of its members to attend, at the expense of the board, annual meetings of such agencies and associations as the Southern Regional Testing Agency, American Association of Dental Examiners and the Southern Conference of Dental Deans and Examiners, where attendance is necessary and important to the proper functioning of the board.
(2) The members of the board may receive as compensation for attendance at such annual meetings the sum of fifty dollars ($50.00) for each day they are actually engaged in the duties of the board at such annual meetings.
Acts 1957, ch. 32, § 20; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; Acts 1969, ch. 29, § 8; 1976, ch. 806, §1(112); 1978, ch. 824, § 15; T.C.A., § 63-548; Acts 1994, ch. 666, § 1.
Tenn. Code Ann. § 63-17-119 — TN Code / Title 63 / Chapter 17 / Section 63-17-119
Enjoining violations
Status: in_force

(a) The board, in addition to the powers and duties expressly granted by this chapter in the matter of suspension or revocation of a license and in the matter of the refusal to issue a certificate, is authorized and empowered to petition any circuit or chancery court having jurisdiction to enjoin any person who is engaging in any act or practice that constitutes an offense against this chapter. No injunction bond shall be required of the board. (b) Jurisdiction is conferred upon the circuit and chancery courts of the state to hear and determine such causes as chancery causes and to exercise full and complete jurisdiction in such injunctive proceedings. Acts 1973, ch. 93, § 19; T.C.A., § 63-1719.
(a) The board, in addition to the powers and duties expressly granted by this chapter in the matter of suspension or revocation of a license and in the matter of the refusal to issue a certificate, is authorized and empowered to petition any circuit or chancery court having jurisdiction to enjoin any person who is engaging in any act or practice that constitutes an offense against this chapter. No injunction bond shall be required of the board.
(b) Jurisdiction is conferred upon the circuit and chancery courts of the state to hear and determine such causes as chancery causes and to exercise full and complete jurisdiction in such injunctive proceedings.
Acts 1973, ch. 93, § 19; T.C.A., § 63-1719.
Tenn. Code Ann. § 63-31-102 — TN Code / Title 63 / Chapter 31 / Section 63-31-102
Interpretation of chapter - Application
Status: in_force

(a) Nothing in this chapter shall be interpreted to limit or restrict a health care practitioner licensed under this title from engaging in the full scope of practice of the person's profession. (b) Nothing in this chapter shall apply to diagnostic electroencephalograms conducted in accordance with the guidelines of the American Clinical Neurophysiology Society. Acts 2007 , ch. 469, § 1.
(a) Nothing in this chapter shall be interpreted to limit or restrict a health care practitioner licensed under this title from engaging in the full scope of practice of the person's profession.
(b) Nothing in this chapter shall apply to diagnostic electroencephalograms conducted in accordance with the guidelines of the American Clinical Neurophysiology Society.
Acts 2007 , ch. 469, § 1.
Tenn. Code Ann. § 63-7-124 — TN Code / Title 63 / Chapter 7 / Section 63-7-124
Authority to issue oral contraceptives and drugs relating to sexually transmitted diseases
Status: in_force

(a) Notwithstanding [former] §§ 63-1-132(c) [repealed] and 63-7-123, a professional nurse, licensed pursuant to §§ 63-7-104 - 63-7-107, who is employed by a primary health care center established under § 68-1-701 , that receives fifty percent (50%) or more of its family planning funds from funds distributed by the department of health, has the authority to issue, in the same manner as is currently permitted the department or local health departments under § 63-10-205 : (1) Oral contraceptives, excluding abortifacients; and (2) Drugs relating to sexually transmitted diseases. (b) A drug issued under this section shall be issued in accordance with any protocols or standards established by the department for the use of such drug. (c) No drugs as provided in this section shall be issued unless a physician has examined the patient for the condition for which such drugs are issued; provided, that this requirement does not supersede any protocol under which a nurse practitioner is rendering service to a patient pursuant to § 63-6-204 or § 63-7-123 . Acts 1990, ch. 858, § 1.
(a) Notwithstanding [former] §§ 63-1-132(c) [repealed] and 63-7-123, a professional nurse, licensed pursuant to §§ 63-7-104 - 63-7-107, who is employed by a primary health care center established under § 68-1-701 , that receives fifty percent (50%) or more of its family planning funds from funds distributed by the department of health, has the authority to issue, in the same manner as is currently permitted the department or local health departments under § 63-10-205 : (1) Oral contraceptives, excluding abortifacients; and (2) Drugs relating to sexually transmitted diseases.
(1) Oral contraceptives, excluding abortifacients; and
(2) Drugs relating to sexually transmitted diseases.
(b) A drug issued under this section shall be issued in accordance with any protocols or standards established by the department for the use of such drug.
(c) No drugs as provided in this section shall be issued unless a physician has examined the patient for the condition for which such drugs are issued; provided, that this requirement does not supersede any protocol under which a nurse practitioner is rendering service to a patient pursuant to § 63-6-204 or § 63-7-123 .
Acts 1990, ch. 858, § 1.
Tenn. Code Ann. § 63-17-219 — TN Code / Title 63 / Chapter 17 / Section 63-17-219
Causes of denial, revocation or suspension - Costs of prosecution - Witnesses - Subpoenas
Status: in_force

(a) Subject to the due process requirements of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, any person registered under this part may have such license denied, revoked or suspended for a fixed period to be determined by the council for any of the following causes: (1) Conviction of an offense involving moral turpitude. The record of such conviction or certified copy thereof from the clerk of the court where such conviction occurred or by the judge of such court is sufficient evidence to warrant revocation or suspension; (2) Securing a license under this part through fraud or deceit; (3) Unethical conduct, gross and/or repeated acts of ignorance or inefficiency in the conduct of such person's practice; (4) Knowingly practicing while suffering with a contagious or infectious disease; (5) Use of a false name or alias in the practice of the profession; and (6) Violating any of this part. (b) (1) The council shall promulgate rules governing the assessment of costs against a licensee or other person found by the council to have violated any provision of this chapter. The costs assessed by the council may include only those costs directly related to the prosecution of the charges against the licensee or other person, including investigatory costs where appropriate. The council shall determine the appropriate amount of costs, if any, to be assessed in a contested case. These costs shall be reasonable and proportionate in light of the violation committed by the licensee or other person. (2) (A) Any elected officer of the council or any duly appointed or elected chair has the authority to administer oaths to witnesses. Upon probable cause being established, the council, by a vote of two-thirds (2/3) of the members to which the council is entitled, may issue subpoenas for the attendance of witnesses and the production of documents and records. (B) Service of a subpoena issued by the council shall be made by the sheriff of the county of residence of the licensee or person upon whom the subpoena is served. (C) (i) A licensee or person served by subpoena shall have thirty (30) days to request in writing a hearing before the council for the sole purpose of making a special appearance to quash or modify the subpoena. The subpoena for attendance of the person or the production of books and records shall be stayed until the council votes upon the request to quash or modify the subpoena. A majority vote of the members to which the council is entitled shall be required to quash or modify a subpoena. (ii) A motion to appeal from a decision by the council regarding a request to quash or modify a subpoena shall be made to the chancery court in Davidson County within fifteen (15) days of such decision. (D) If any witness fails or refuses to obey a subpoena issued by it, the council is authorized to make application to any court of record in this state within the jurisdiction of which the witness is found or resides, and the court shall have power to attach the body of the witness and compel the witness to appear before the council and give testimony or produce books, records or papers as ordered; and any failure to obey the court order may be punished by the court issuing the order as a civil contempt. (E) Each witness who appears before the council by order of the council shall receive for attendance the compensation provided by law for attendance of witnesses in a court of record, which shall be paid from the funds of the council in the same manner as all other expenses of the council are paid. (c) (1) The board shall promulgate rules governing the assessment of costs against a licensee or other person found by the board to have violated any provision of this chapter. The costs assessed by the board may include only those costs directly related to the prosecution of the charges against the licensee or other person, including investigatory costs where appropriate. The board shall determine the appropriate amount of costs, if any, to be assessed in a contested case. These costs shall be reasonable and proportionate in light of the violation committed by the licensee or other person. (2) (A) Any elected officer of the board or any duly appointed or elected chair has the authority to administer oaths to witnesses. Upon probable cause being established, the board, by a vote of two-thirds (2/3) of the members to which the board is entitled, may issue subpoenas for the attendance of witnesses and the production of documents and records. (B) Service of a subpoena issued by the board shall be made by the sheriff of the county of residence of the licensee or person upon whom the subpoena is served. (C) (i) A licensee or person served by subpoena shall have thirty (30) days to request in writing a hearing before the board for the sole purpose of making a special appearance to quash or modify the subpoena. The subpoena for attendance of the person or the production of books and records shall be stayed until the board votes upon the request to quash or modify the subpoena. A majority vote of the members to which the board is entitled shall be required to quash or modify a subpoena. (ii) A motion to appeal from a decision by the board regarding a request to quash or modify a subpoena shall be made to the chancery court in Davidson County within fifteen (15) days of such decision. (D) If any witness fails or refuses to obey a subpoena issued by it, the board is authorized to make application to any court of record in this state within the jurisdiction of which the witness is found or resides; and the court shall have power to attach the body of the witness and compel the witness to appear before the board and give testimony or produce books, records or papers as ordered, and any failure to obey the court order may be punished by the court issuing the order as a civil contempt. (E) Each witness who appears before the board by order of the board shall receive for attendance the compensation provided by law for attendance of witnesses in a court of record, which shall be paid from the funds of the board in the same manner as all other expenses of the board are paid. Acts 1995, ch. 481, § 21; 1999, ch. 434, § 3; 1999, ch. 443, § 3.
(a) Subject to the due process requirements of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, any person registered under this part may have such license denied, revoked or suspended for a fixed period to be determined by the council for any of the following causes: (1) Conviction of an offense involving moral turpitude. The record of such conviction or certified copy thereof from the clerk of the court where such conviction occurred or by the judge of such court is sufficient evidence to warrant revocation or suspension; (2) Securing a license under this part through fraud or deceit; (3) Unethical conduct, gross and/or repeated acts of ignorance or inefficiency in the conduct of such person's practice; (4) Knowingly practicing while suffering with a contagious or infectious disease; (5) Use of a false name or alias in the practice of the profession; and (6) Violating any of this part.
(1) Conviction of an offense involving moral turpitude. The record of such conviction or certified copy thereof from the clerk of the court where such conviction occurred or by the judge of such court is sufficient evidence to warrant revocation or suspension;
(2) Securing a license under this part through fraud or deceit;
(3) Unethical conduct, gross and/or repeated acts of ignorance or inefficiency in the conduct of such person's practice;
(4) Knowingly practicing while suffering with a contagious or infectious disease;
(5) Use of a false name or alias in the practice of the profession; and
(6) Violating any of this part.
(b) (1) The council shall promulgate rules governing the assessment of costs against a licensee or other person found by the council to have violated any provision of this chapter. The costs assessed by the council may include only those costs directly related to the prosecution of the charges against the licensee or other person, including investigatory costs where appropriate. The council shall determine the appropriate amount of costs, if any, to be assessed in a contested case. These costs shall be reasonable and proportionate in light of the violation committed by the licensee or other person. (2) (A) Any elected officer of the council or any duly appointed or elected chair has the authority to administer oaths to witnesses. Upon probable cause being established, the council, by a vote of two-thirds (2/3) of the members to which the council is entitled, may issue subpoenas for the attendance of witnesses and the production of documents and records. (B) Service of a subpoena issued by the council shall be made by the sheriff of the county of residence of the licensee or person upon whom the subpoena is served. (C) (i) A licensee or person served by subpoena shall have thirty (30) days to request in writing a hearing before the council for the sole purpose of making a special appearance to quash or modify the subpoena. The subpoena for attendance of the person or the production of books and records shall be stayed until the council votes upon the request to quash or modify the subpoena. A majority vote of the members to which the council is entitled shall be required to quash or modify a subpoena. (ii) A motion to appeal from a decision by the council regarding a request to quash or modify a subpoena shall be made to the chancery court in Davidson County within fifteen (15) days of such decision. (D) If any witness fails or refuses to obey a subpoena issued by it, the council is authorized to make application to any court of record in this state within the jurisdiction of which the witness is found or resides, and the court shall have power to attach the body of the witness and compel the witness to appear before the council and give testimony or produce books, records or papers as ordered; and any failure to obey the court order may be punished by the court issuing the order as a civil contempt. (E) Each witness who appears before the council by order of the council shall receive for attendance the compensation provided by law for attendance of witnesses in a court of record, which shall be paid from the funds of the council in the same manner as all other expenses of the council are paid.
(1) The council shall promulgate rules governing the assessment of costs against a licensee or other person found by the council to have violated any provision of this chapter. The costs assessed by the council may include only those costs directly related to the prosecution of the charges against the licensee or other person, including investigatory costs where appropriate. The council shall determine the appropriate amount of costs, if any, to be assessed in a contested case. These costs shall be reasonable and proportionate in light of the violation committed by the licensee or other person.
(2) (A) Any elected officer of the council or any duly appointed or elected chair has the authority to administer oaths to witnesses. Upon probable cause being established, the council, by a vote of two-thirds (2/3) of the members to which the council is entitled, may issue subpoenas for the attendance of witnesses and the production of documents and records. (B) Service of a subpoena issued by the council shall be made by the sheriff of the county of residence of the licensee or person upon whom the subpoena is served. (C) (i) A licensee or person served by subpoena shall have thirty (30) days to request in writing a hearing before the council for the sole purpose of making a special appearance to quash or modify the subpoena. The subpoena for attendance of the person or the production of books and records shall be stayed until the council votes upon the request to quash or modify the subpoena. A majority vote of the members to which the council is entitled shall be required to quash or modify a subpoena. (ii) A motion to appeal from a decision by the council regarding a request to quash or modify a subpoena shall be made to the chancery court in Davidson County within fifteen (15) days of such decision. (D) If any witness fails or refuses to obey a subpoena issued by it, the council is authorized to make application to any court of record in this state within the jurisdiction of which the witness is found or resides, and the court shall have power to attach the body of the witness and compel the witness to appear before the council and give testimony or produce books, records or papers as ordered; and any failure to obey the court order may be punished by the court issuing the order as a civil contempt. (E) Each witness who appears before the council by order of the council shall receive for attendance the compensation provided by law for attendance of witnesses in a court of record, which shall be paid from the funds of the council in the same manner as all other expenses of the council are paid.
(A) Any elected officer of the council or any duly appointed or elected chair has the authority to administer oaths to witnesses. Upon probable cause being established, the council, by a vote of two-thirds (2/3) of the members to which the council is entitled, may issue subpoenas for the attendance of witnesses and the production of documents and records.
(B) Service of a subpoena issued by the council shall be made by the sheriff of the county of residence of the licensee or person upon whom the subpoena is served.
(C) (i) A licensee or person served by subpoena shall have thirty (30) days to request in writing a hearing before the council for the sole purpose of making a special appearance to quash or modify the subpoena. The subpoena for attendance of the person or the production of books and records shall be stayed until the council votes upon the request to quash or modify the subpoena. A majority vote of the members to which the council is entitled shall be required to quash or modify a subpoena. (ii) A motion to appeal from a decision by the council regarding a request to quash or modify a subpoena shall be made to the chancery court in Davidson County within fifteen (15) days of such decision.
(i) A licensee or person served by subpoena shall have thirty (30) days to request in writing a hearing before the council for the sole purpose of making a special appearance to quash or modify the subpoena. The subpoena for attendance of the person or the production of books and records shall be stayed until the council votes upon the request to quash or modify the subpoena. A majority vote of the members to which the council is entitled shall be required to quash or modify a subpoena.
(ii) A motion to appeal from a decision by the council regarding a request to quash or modify a subpoena shall be made to the chancery court in Davidson County within fifteen (15) days of such decision.
(D) If any witness fails or refuses to obey a subpoena issued by it, the council is authorized to make application to any court of record in this state within the jurisdiction of which the witness is found or resides, and the court shall have power to attach the body of the witness and compel the witness to appear before the council and give testimony or produce books, records or papers as ordered; and any failure to obey the court order may be punished by the court issuing the order as a civil contempt.
(E) Each witness who appears before the council by order of the council shall receive for attendance the compensation provided by law for attendance of witnesses in a court of record, which shall be paid from the funds of the council in the same manner as all other expenses of the council are paid.
(c) (1) The board shall promulgate rules governing the assessment of costs against a licensee or other person found by the board to have violated any provision of this chapter. The costs assessed by the board may include only those costs directly related to the prosecution of the charges against the licensee or other person, including investigatory costs where appropriate. The board shall determine the appropriate amount of costs, if any, to be assessed in a contested case. These costs shall be reasonable and proportionate in light of the violation committed by the licensee or other person. (2) (A) Any elected officer of the board or any duly appointed or elected chair has the authority to administer oaths to witnesses. Upon probable cause being established, the board, by a vote of two-thirds (2/3) of the members to which the board is entitled, may issue subpoenas for the attendance of witnesses and the production of documents and records. (B) Service of a subpoena issued by the board shall be made by the sheriff of the county of residence of the licensee or person upon whom the subpoena is served. (C) (i) A licensee or person served by subpoena shall have thirty (30) days to request in writing a hearing before the board for the sole purpose of making a special appearance to quash or modify the subpoena. The subpoena for attendance of the person or the production of books and records shall be stayed until the board votes upon the request to quash or modify the subpoena. A majority vote of the members to which the board is entitled shall be required to quash or modify a subpoena. (ii) A motion to appeal from a decision by the board regarding a request to quash or modify a subpoena shall be made to the chancery court in Davidson County within fifteen (15) days of such decision. (D) If any witness fails or refuses to obey a subpoena issued by it, the board is authorized to make application to any court of record in this state within the jurisdiction of which the witness is found or resides; and the court shall have power to attach the body of the witness and compel the witness to appear before the board and give testimony or produce books, records or papers as ordered, and any failure to obey the court order may be punished by the court issuing the order as a civil contempt. (E) Each witness who appears before the board by order of the board shall receive for attendance the compensation provided by law for attendance of witnesses in a court of record, which shall be paid from the funds of the board in the same manner as all other expenses of the board are paid.
(1) The board shall promulgate rules governing the assessment of costs against a licensee or other person found by the board to have violated any provision of this chapter. The costs assessed by the board may include only those costs directly related to the prosecution of the charges against the licensee or other person, including investigatory costs where appropriate. The board shall determine the appropriate amount of costs, if any, to be assessed in a contested case. These costs shall be reasonable and proportionate in light of the violation committed by the licensee or other person.
(2) (A) Any elected officer of the board or any duly appointed or elected chair has the authority to administer oaths to witnesses. Upon probable cause being established, the board, by a vote of two-thirds (2/3) of the members to which the board is entitled, may issue subpoenas for the attendance of witnesses and the production of documents and records. (B) Service of a subpoena issued by the board shall be made by the sheriff of the county of residence of the licensee or person upon whom the subpoena is served. (C) (i) A licensee or person served by subpoena shall have thirty (30) days to request in writing a hearing before the board for the sole purpose of making a special appearance to quash or modify the subpoena. The subpoena for attendance of the person or the production of books and records shall be stayed until the board votes upon the request to quash or modify the subpoena. A majority vote of the members to which the board is entitled shall be required to quash or modify a subpoena. (ii) A motion to appeal from a decision by the board regarding a request to quash or modify a subpoena shall be made to the chancery court in Davidson County within fifteen (15) days of such decision. (D) If any witness fails or refuses to obey a subpoena issued by it, the board is authorized to make application to any court of record in this state within the jurisdiction of which the witness is found or resides; and the court shall have power to attach the body of the witness and compel the witness to appear before the board and give testimony or produce books, records or papers as ordered, and any failure to obey the court order may be punished by the court issuing the order as a civil contempt. (E) Each witness who appears before the board by order of the board shall receive for attendance the compensation provided by law for attendance of witnesses in a court of record, which shall be paid from the funds of the board in the same manner as all other expenses of the board are paid.
(A) Any elected officer of the board or any duly appointed or elected chair has the authority to administer oaths to witnesses. Upon probable cause being established, the board, by a vote of two-thirds (2/3) of the members to which the board is entitled, may issue subpoenas for the attendance of witnesses and the production of documents and records.
(B) Service of a subpoena issued by the board shall be made by the sheriff of the county of residence of the licensee or person upon whom the subpoena is served.
(C) (i) A licensee or person served by subpoena shall have thirty (30) days to request in writing a hearing before the board for the sole purpose of making a special appearance to quash or modify the subpoena. The subpoena for attendance of the person or the production of books and records shall be stayed until the board votes upon the request to quash or modify the subpoena. A majority vote of the members to which the board is entitled shall be required to quash or modify a subpoena. (ii) A motion to appeal from a decision by the board regarding a request to quash or modify a subpoena shall be made to the chancery court in Davidson County within fifteen (15) days of such decision.
(i) A licensee or person served by subpoena shall have thirty (30) days to request in writing a hearing before the board for the sole purpose of making a special appearance to quash or modify the subpoena. The subpoena for attendance of the person or the production of books and records shall be stayed until the board votes upon the request to quash or modify the subpoena. A majority vote of the members to which the board is entitled shall be required to quash or modify a subpoena.
(ii) A motion to appeal from a decision by the board regarding a request to quash or modify a subpoena shall be made to the chancery court in Davidson County within fifteen (15) days of such decision.
(D) If any witness fails or refuses to obey a subpoena issued by it, the board is authorized to make application to any court of record in this state within the jurisdiction of which the witness is found or resides; and the court shall have power to attach the body of the witness and compel the witness to appear before the board and give testimony or produce books, records or papers as ordered, and any failure to obey the court order may be punished by the court issuing the order as a civil contempt.
(E) Each witness who appears before the board by order of the board shall receive for attendance the compensation provided by law for attendance of witnesses in a court of record, which shall be paid from the funds of the board in the same manner as all other expenses of the board are paid.
Acts 1995, ch. 481, § 21; 1999, ch. 434, § 3; 1999, ch. 443, § 3.
Tenn. Code Ann. § 63-26-113 — TN Code / Title 63 / Chapter 26 / Section 63-26-113
Examinations
Status: in_force

(a) Examinations for qualified applicants shall be offered at least once a year at the times and places determined by the commissioner or the commissioner's designee. (b) Completed applications for examination must be received by the commissioner thirty (30) days prior to the examination date. (c) The commissioner or the commissioner's designee shall notify each qualified applicant of the time and place of examination. (d) The commissioner shall select an examination in which the testing and grading systems are recognized as standard in the field of professional licensure examinations. Acts 1988, ch. 896, § 15; 1990, ch. 872, § 2; 1993, ch. 342, § 1; T.C.A., §62-34-213; Acts 2009 , ch. 456, § 21.
(a) Examinations for qualified applicants shall be offered at least once a year at the times and places determined by the commissioner or the commissioner's designee.
(b) Completed applications for examination must be received by the commissioner thirty (30) days prior to the examination date.
(c) The commissioner or the commissioner's designee shall notify each qualified applicant of the time and place of examination.
(d) The commissioner shall select an examination in which the testing and grading systems are recognized as standard in the field of professional licensure examinations.
Acts 1988, ch. 896, § 15; 1990, ch. 872, § 2; 1993, ch. 342, § 1; T.C.A., §62-34-213; Acts 2009 , ch. 456, § 21.
Tenn. Code Ann. § 63-17-102 — TN Code / Title 63 / Chapter 17 / Section 63-17-102
Purpose
Status: in_force

It is the purpose and intent of the general assembly by this enactment to safeguard the public health, safety and welfare, to protect the public from being misled by incompetent, unscrupulous and unauthorized persons and to protect the public from unprofessional conduct by qualified speech language pathologists and audiologists and hearing instrument specialists, by providing regulatory authority over persons offering speech language pathology, audiology and hearing instrument dispensing services to the public. Acts 1973, ch. 93, § 2; T.C.A., § 63-1702; Acts 1994, ch. 849, § 5; 1995, ch. 481, §§ 34, 37.
It is the purpose and intent of the general assembly by this enactment to safeguard the public health, safety and welfare, to protect the public from being misled by incompetent, unscrupulous and unauthorized persons and to protect the public from unprofessional conduct by qualified speech language pathologists and audiologists and hearing instrument specialists, by providing regulatory authority over persons offering speech language pathology, audiology and hearing instrument dispensing services to the public.
Acts 1973, ch. 93, § 2; T.C.A., § 63-1702; Acts 1994, ch. 849, § 5; 1995, ch. 481, §§ 34, 37.
Tenn. Code Ann. § 63-10-304 — TN Code / Title 63 / Chapter 10 / Section 63-10-304
Appointment
Status: in_force

(a) Interested pharmacist groups, including, but not limited to, the Tennessee Pharmacists Association, may annually recommend five (5) duly qualified persons for each vacancy from whom the governor may be requested to make appointments. The governor shall consult with such groups to determine qualified persons to fill the positions. This subsection (a) does not apply to the consumer member serving on the board. (b) A member appointed to the board shall take an oath or affirmation that the member will faithfully and impartially perform their duties within ten (10) days after the member's appointment to the board. A member's oath or affirmation taken pursuant to this subsection (b) must be filed with the secretary of state. (c) In making appointments to the board, the governor shall strive to ensure that at least one (1) person serving on the board is sixty (60) years of age or older, one (1) person serving on the board is a member of a racial minority, and the members on the board are representative of a variety of practice settings. Amended by 2023 Tenn. Acts, ch. 457, s 1, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 1010, s 1, eff. 5/9/2022. Acts 1996, ch. 651, § 11; T.C.A. 63-10-504; Acts 2007 , ch. 407, §§ 2, 10-14; 2008 , ch. 1072, § 1; 2009 , ch. 29, § 1.
(a) Interested pharmacist groups, including, but not limited to, the Tennessee Pharmacists Association, may annually recommend five (5) duly qualified persons for each vacancy from whom the governor may be requested to make appointments. The governor shall consult with such groups to determine qualified persons to fill the positions. This subsection (a) does not apply to the consumer member serving on the board.
(b) A member appointed to the board shall take an oath or affirmation that the member will faithfully and impartially perform their duties within ten (10) days after the member's appointment to the board. A member's oath or affirmation taken pursuant to this subsection (b) must be filed with the secretary of state.
(c) In making appointments to the board, the governor shall strive to ensure that at least one (1) person serving on the board is sixty (60) years of age or older, one (1) person serving on the board is a member of a racial minority, and the members on the board are representative of a variety of practice settings.
Amended by 2023 Tenn. Acts, ch. 457, s 1, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 1010, s 1, eff. 5/9/2022.
Acts 1996, ch. 651, § 11; T.C.A. 63-10-504; Acts 2007 , ch. 407, §§ 2, 10-14; 2008 , ch. 1072, § 1; 2009 , ch. 29, § 1.
Tenn. Code Ann. § 63-6-1106 — TN Code / Title 63 / Chapter 6 / Section 63-6-1106
Civil remedies and professional sanctions
Status: in_force

(a) In addition to all other remedies available under the laws of this state, failure to comply with this part: (1) Provides a basis for a civil malpractice action for actual and punitive damages; (2) Provides a basis for professional disciplinary action under this title or title 68 for the suspension or revocation of the license of a healthcare provider or facility; (3) Provides a basis for recovery for the patient's survivors for the wrongful death of the patient under a wrongful death action; and (4) Provides a basis for a cause of action for injunctive relief against an individual who has provided an abortion-inducing drug in violation of this part to prevent the enjoined defendant from providing further abortion-inducing drugs in violation of this part. The action may be maintained by: (A) A patient to whom the abortion-inducing drug was provided; (B) An individual who is the spouse, parent, or guardian of, or a current or former licensed healthcare provider of, a patient to whom the abortion-inducing drug was provided; or (C) A prosecuting attorney with appropriate jurisdiction. (b) Civil liability shall not be imposed against a patient on whom a chemical abortion is attempted or performed. (c) When requested, the court shall allow a patient to proceed using solely the patient's initials or a pseudonym and may close any proceedings in the case and enter other protective orders to preserve the privacy of the patient on whom the chemical abortion was attempted or performed. (d) If judgment is rendered in favor of the plaintiff, the court shall also render judgment for reasonable attorney fees in favor of the plaintiff against the defendant. (e) If judgment is rendered in favor of the defendant and the court finds that the plaintiff's suit was frivolous and brought in bad faith, the court may render judgment for reasonable attorney fees in favor of the defendant against the plaintiff. Added by 2022 Tenn. Acts, ch. 1001, s 3, eff. 1/1/2023.
(a) In addition to all other remedies available under the laws of this state, failure to comply with this part: (1) Provides a basis for a civil malpractice action for actual and punitive damages; (2) Provides a basis for professional disciplinary action under this title or title 68 for the suspension or revocation of the license of a healthcare provider or facility; (3) Provides a basis for recovery for the patient's survivors for the wrongful death of the patient under a wrongful death action; and (4) Provides a basis for a cause of action for injunctive relief against an individual who has provided an abortion-inducing drug in violation of this part to prevent the enjoined defendant from providing further abortion-inducing drugs in violation of this part. The action may be maintained by: (A) A patient to whom the abortion-inducing drug was provided; (B) An individual who is the spouse, parent, or guardian of, or a current or former licensed healthcare provider of, a patient to whom the abortion-inducing drug was provided; or (C) A prosecuting attorney with appropriate jurisdiction.
(1) Provides a basis for a civil malpractice action for actual and punitive damages;
(2) Provides a basis for professional disciplinary action under this title or title 68 for the suspension or revocation of the license of a healthcare provider or facility;
(3) Provides a basis for recovery for the patient's survivors for the wrongful death of the patient under a wrongful death action; and
(4) Provides a basis for a cause of action for injunctive relief against an individual who has provided an abortion-inducing drug in violation of this part to prevent the enjoined defendant from providing further abortion-inducing drugs in violation of this part. The action may be maintained by: (A) A patient to whom the abortion-inducing drug was provided; (B) An individual who is the spouse, parent, or guardian of, or a current or former licensed healthcare provider of, a patient to whom the abortion-inducing drug was provided; or (C) A prosecuting attorney with appropriate jurisdiction.
(A) A patient to whom the abortion-inducing drug was provided;
(B) An individual who is the spouse, parent, or guardian of, or a current or former licensed healthcare provider of, a patient to whom the abortion-inducing drug was provided; or
(C) A prosecuting attorney with appropriate jurisdiction.
(b) Civil liability shall not be imposed against a patient on whom a chemical abortion is attempted or performed.
(c) When requested, the court shall allow a patient to proceed using solely the patient's initials or a pseudonym and may close any proceedings in the case and enter other protective orders to preserve the privacy of the patient on whom the chemical abortion was attempted or performed.
(d) If judgment is rendered in favor of the plaintiff, the court shall also render judgment for reasonable attorney fees in favor of the plaintiff against the defendant.
(e) If judgment is rendered in favor of the defendant and the court finds that the plaintiff's suit was frivolous and brought in bad faith, the court may render judgment for reasonable attorney fees in favor of the defendant against the plaintiff.
Added by 2022 Tenn. Acts, ch. 1001, s 3, eff. 1/1/2023.
Tenn. Code Ann. § 63-1-134 — TN Code / Title 63 / Chapter 1 / Section 63-1-134
Penalty for violation of statute, rule or order - Recovery
Status: in_force

(a) With respect to any person required to be licensed, permitted or authorized by any board, commission or agency attached to the division of health related boards, each respective board, commission or agency may assess a civil penalty against such person in an amount not to exceed one thousand dollars ($1,000) for each separate violation of a statute, rule or order pertaining to such board, commission or agency. Each day of continued violation constitutes a separate violation. (b) Each board, commission or agency shall by rule establish a schedule designating the minimum and maximum civil penalties that may be assessed under this section. In assessing civil penalties, the following factors may be considered: (1) Whether the amount imposed will be a substantial economic deterrent to the violator; (2) The circumstances leading to the violation; (3) The severity of the violation and the risk of harm to the public; (4) The economic benefits gained by the violator as a result of noncompliance; and (5) The interest of the public. (c) (1) Civil penalties assessed pursuant to this section or any other section authorizing the assessment of civil penalties by any board, council or committee established in this title or title 68 that is attached to the department, unless otherwise provided by law, shall become final, due and payable on the date the order in which they are assessed becomes final pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; provided, however, that the boards, councils, committees or the department is authorized to order or enter into agreements for the payment of assessed civil penalties in installments that are due and payable beyond the date on which the assessment becomes final. (2) If the violator fails to pay an assessment when it becomes final or fails to pay according to the terms of an installment payment plan, the department, in addition to taking further action against the violator's license, may apply to the appropriate court for a judgment and seek execution of the judgment. (3) Jurisdiction for recovery of such penalties shall be in the chancery court of Davidson County or the chancery court of the county in which all or part of the violations occurred. (d) All sums recovered pursuant to this section shall be paid into the state treasury. Acts 1989, ch. 389, § 2; 2007 , ch. 196, § 1.
(a) With respect to any person required to be licensed, permitted or authorized by any board, commission or agency attached to the division of health related boards, each respective board, commission or agency may assess a civil penalty against such person in an amount not to exceed one thousand dollars ($1,000) for each separate violation of a statute, rule or order pertaining to such board, commission or agency. Each day of continued violation constitutes a separate violation.
(b) Each board, commission or agency shall by rule establish a schedule designating the minimum and maximum civil penalties that may be assessed under this section. In assessing civil penalties, the following factors may be considered: (1) Whether the amount imposed will be a substantial economic deterrent to the violator; (2) The circumstances leading to the violation; (3) The severity of the violation and the risk of harm to the public; (4) The economic benefits gained by the violator as a result of noncompliance; and (5) The interest of the public.
(1) Whether the amount imposed will be a substantial economic deterrent to the violator;
(2) The circumstances leading to the violation;
(3) The severity of the violation and the risk of harm to the public;
(4) The economic benefits gained by the violator as a result of noncompliance; and
(5) The interest of the public.
(c) (1) Civil penalties assessed pursuant to this section or any other section authorizing the assessment of civil penalties by any board, council or committee established in this title or title 68 that is attached to the department, unless otherwise provided by law, shall become final, due and payable on the date the order in which they are assessed becomes final pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; provided, however, that the boards, councils, committees or the department is authorized to order or enter into agreements for the payment of assessed civil penalties in installments that are due and payable beyond the date on which the assessment becomes final. (2) If the violator fails to pay an assessment when it becomes final or fails to pay according to the terms of an installment payment plan, the department, in addition to taking further action against the violator's license, may apply to the appropriate court for a judgment and seek execution of the judgment. (3) Jurisdiction for recovery of such penalties shall be in the chancery court of Davidson County or the chancery court of the county in which all or part of the violations occurred.
(1) Civil penalties assessed pursuant to this section or any other section authorizing the assessment of civil penalties by any board, council or committee established in this title or title 68 that is attached to the department, unless otherwise provided by law, shall become final, due and payable on the date the order in which they are assessed becomes final pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; provided, however, that the boards, councils, committees or the department is authorized to order or enter into agreements for the payment of assessed civil penalties in installments that are due and payable beyond the date on which the assessment becomes final.
(2) If the violator fails to pay an assessment when it becomes final or fails to pay according to the terms of an installment payment plan, the department, in addition to taking further action against the violator's license, may apply to the appropriate court for a judgment and seek execution of the judgment.
(3) Jurisdiction for recovery of such penalties shall be in the chancery court of Davidson County or the chancery court of the county in which all or part of the violations occurred.
(d) All sums recovered pursuant to this section shall be paid into the state treasury.
Acts 1989, ch. 389, § 2; 2007 , ch. 196, § 1.
Tenn. Code Ann. § 63-13-303 — TN Code / Title 63 / Chapter 13 / Section 63-13-303
Exceptions to referral requirements
Status: in_force

(a) (1) The practice of physical therapy must be under the written or oral referral of a referring practitioner as described in § 63-13-104(b)(1) , except that a licensed physical therapist may: (A) Conduct an initial patient visit without referral; (B) Provide physical assessments or instructions, including a recommendation of exercise to an asymptomatic person, without the referral of a referring practitioner; (C) In emergency circumstances, including minor emergencies, provide assistance to a person to the best of a physical therapist's ability without the referral of a referring practitioner. Except as provided in subdivision (a)(1)(D), the physical therapist shall refer the person to the appropriate healthcare practitioner, as indicated, immediately after providing assistance; and (D) Treat a patient without a referral, within the scope of practice of physical therapy, when the following are met: (i) The patient's physician, as defined in § 63-6-204(f)(7) , has been notified by the physical therapist; (ii) If the physical therapist determines, based on clinical evidence, that no progress has been made with respect to that patient's condition within thirty (30) days, immediately following the date of the patient's initial visit with the physical therapist, then the physical therapist does not provide additional physical therapy services and refers the patient to a healthcare practitioner who qualifies as a referring practitioner; (iii) The physical therapist does not continue physical therapy services for the patient beyond ninety (90) days without consulting with the patient's appropriate healthcare practitioner; (iv) If the patient was previously diagnosed by a licensed physician with chronic, neuromuscular, or developmental conditions, and the evaluation, treatment, or services are being provided for problems or symptoms associated with one (1) or more of those previously diagnosed conditions, then subdivisions (a)(1)(D)(ii) and (iii) do not apply; and (v) A physical therapist refers patients under the physical therapist's care to appropriate healthcare practitioners, if, at any time, the physical therapist has reasonable cause to believe symptoms or conditions are present that require services beyond the scope of practice of a physical therapist, reasonable therapeutic progress is not being achieved for the patient, or physical therapy treatment is contraindicated. (2) As used in this subsection (a): (A) "Emergency circumstances" means instances where emergency medical care is required; (B) "Emergency medical care" means bona fide emergency services provided after the sudden onset of a medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to result in: (i) Placing the patient's health in serious jeopardy; (ii) Serious impairment to bodily functions; or (iii) Serious dysfunction of a bodily organ or part; and (C) "Notified" means to give notice to or inform a patient's physician, as defined in § 63-6-204(f)(7) , when a licensed physical therapist treats a patient pursuant to subdivision (a)(1)(D). (b) It is unprofessional conduct, for the purposes of § 63-13-312 , for a physical therapist to knowingly initiate services to a patient in violation of subdivision (a)(1)(D). Amended by 2023 Tenn. Acts, ch. 107, s 2, eff. 4/4/2023. Amended by 2021 Tenn. Acts, ch. 130, s 1, eff. 4/13/2021. Amended by 2020 Tenn. Acts, ch. 790, Secs.s 4, s 5 eff. 7/15/2020. Acts 1999, ch. 528, § 14; 2007 , ch. 115, § 10; 2007 , ch. 423, § 2.
(a) (1) The practice of physical therapy must be under the written or oral referral of a referring practitioner as described in § 63-13-104(b)(1) , except that a licensed physical therapist may: (A) Conduct an initial patient visit without referral; (B) Provide physical assessments or instructions, including a recommendation of exercise to an asymptomatic person, without the referral of a referring practitioner; (C) In emergency circumstances, including minor emergencies, provide assistance to a person to the best of a physical therapist's ability without the referral of a referring practitioner. Except as provided in subdivision (a)(1)(D), the physical therapist shall refer the person to the appropriate healthcare practitioner, as indicated, immediately after providing assistance; and (D) Treat a patient without a referral, within the scope of practice of physical therapy, when the following are met: (i) The patient's physician, as defined in § 63-6-204(f)(7) , has been notified by the physical therapist; (ii) If the physical therapist determines, based on clinical evidence, that no progress has been made with respect to that patient's condition within thirty (30) days, immediately following the date of the patient's initial visit with the physical therapist, then the physical therapist does not provide additional physical therapy services and refers the patient to a healthcare practitioner who qualifies as a referring practitioner; (iii) The physical therapist does not continue physical therapy services for the patient beyond ninety (90) days without consulting with the patient's appropriate healthcare practitioner; (iv) If the patient was previously diagnosed by a licensed physician with chronic, neuromuscular, or developmental conditions, and the evaluation, treatment, or services are being provided for problems or symptoms associated with one (1) or more of those previously diagnosed conditions, then subdivisions (a)(1)(D)(ii) and (iii) do not apply; and (v) A physical therapist refers patients under the physical therapist's care to appropriate healthcare practitioners, if, at any time, the physical therapist has reasonable cause to believe symptoms or conditions are present that require services beyond the scope of practice of a physical therapist, reasonable therapeutic progress is not being achieved for the patient, or physical therapy treatment is contraindicated. (2) As used in this subsection (a): (A) "Emergency circumstances" means instances where emergency medical care is required; (B) "Emergency medical care" means bona fide emergency services provided after the sudden onset of a medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to result in: (i) Placing the patient's health in serious jeopardy; (ii) Serious impairment to bodily functions; or (iii) Serious dysfunction of a bodily organ or part; and (C) "Notified" means to give notice to or inform a patient's physician, as defined in § 63-6-204(f)(7) , when a licensed physical therapist treats a patient pursuant to subdivision (a)(1)(D).
(1) The practice of physical therapy must be under the written or oral referral of a referring practitioner as described in § 63-13-104(b)(1) , except that a licensed physical therapist may: (A) Conduct an initial patient visit without referral; (B) Provide physical assessments or instructions, including a recommendation of exercise to an asymptomatic person, without the referral of a referring practitioner; (C) In emergency circumstances, including minor emergencies, provide assistance to a person to the best of a physical therapist's ability without the referral of a referring practitioner. Except as provided in subdivision (a)(1)(D), the physical therapist shall refer the person to the appropriate healthcare practitioner, as indicated, immediately after providing assistance; and (D) Treat a patient without a referral, within the scope of practice of physical therapy, when the following are met: (i) The patient's physician, as defined in § 63-6-204(f)(7) , has been notified by the physical therapist; (ii) If the physical therapist determines, based on clinical evidence, that no progress has been made with respect to that patient's condition within thirty (30) days, immediately following the date of the patient's initial visit with the physical therapist, then the physical therapist does not provide additional physical therapy services and refers the patient to a healthcare practitioner who qualifies as a referring practitioner; (iii) The physical therapist does not continue physical therapy services for the patient beyond ninety (90) days without consulting with the patient's appropriate healthcare practitioner; (iv) If the patient was previously diagnosed by a licensed physician with chronic, neuromuscular, or developmental conditions, and the evaluation, treatment, or services are being provided for problems or symptoms associated with one (1) or more of those previously diagnosed conditions, then subdivisions (a)(1)(D)(ii) and (iii) do not apply; and (v) A physical therapist refers patients under the physical therapist's care to appropriate healthcare practitioners, if, at any time, the physical therapist has reasonable cause to believe symptoms or conditions are present that require services beyond the scope of practice of a physical therapist, reasonable therapeutic progress is not being achieved for the patient, or physical therapy treatment is contraindicated.
(A) Conduct an initial patient visit without referral;
(B) Provide physical assessments or instructions, including a recommendation of exercise to an asymptomatic person, without the referral of a referring practitioner;
(C) In emergency circumstances, including minor emergencies, provide assistance to a person to the best of a physical therapist's ability without the referral of a referring practitioner. Except as provided in subdivision (a)(1)(D), the physical therapist shall refer the person to the appropriate healthcare practitioner, as indicated, immediately after providing assistance; and
(D) Treat a patient without a referral, within the scope of practice of physical therapy, when the following are met: (i) The patient's physician, as defined in § 63-6-204(f)(7) , has been notified by the physical therapist; (ii) If the physical therapist determines, based on clinical evidence, that no progress has been made with respect to that patient's condition within thirty (30) days, immediately following the date of the patient's initial visit with the physical therapist, then the physical therapist does not provide additional physical therapy services and refers the patient to a healthcare practitioner who qualifies as a referring practitioner; (iii) The physical therapist does not continue physical therapy services for the patient beyond ninety (90) days without consulting with the patient's appropriate healthcare practitioner; (iv) If the patient was previously diagnosed by a licensed physician with chronic, neuromuscular, or developmental conditions, and the evaluation, treatment, or services are being provided for problems or symptoms associated with one (1) or more of those previously diagnosed conditions, then subdivisions (a)(1)(D)(ii) and (iii) do not apply; and (v) A physical therapist refers patients under the physical therapist's care to appropriate healthcare practitioners, if, at any time, the physical therapist has reasonable cause to believe symptoms or conditions are present that require services beyond the scope of practice of a physical therapist, reasonable therapeutic progress is not being achieved for the patient, or physical therapy treatment is contraindicated.
(i) The patient's physician, as defined in § 63-6-204(f)(7) , has been notified by the physical therapist;
(ii) If the physical therapist determines, based on clinical evidence, that no progress has been made with respect to that patient's condition within thirty (30) days, immediately following the date of the patient's initial visit with the physical therapist, then the physical therapist does not provide additional physical therapy services and refers the patient to a healthcare practitioner who qualifies as a referring practitioner;
(iii) The physical therapist does not continue physical therapy services for the patient beyond ninety (90) days without consulting with the patient's appropriate healthcare practitioner;
(iv) If the patient was previously diagnosed by a licensed physician with chronic, neuromuscular, or developmental conditions, and the evaluation, treatment, or services are being provided for problems or symptoms associated with one (1) or more of those previously diagnosed conditions, then subdivisions (a)(1)(D)(ii) and (iii) do not apply; and
(v) A physical therapist refers patients under the physical therapist's care to appropriate healthcare practitioners, if, at any time, the physical therapist has reasonable cause to believe symptoms or conditions are present that require services beyond the scope of practice of a physical therapist, reasonable therapeutic progress is not being achieved for the patient, or physical therapy treatment is contraindicated.
(2) As used in this subsection (a): (A) "Emergency circumstances" means instances where emergency medical care is required; (B) "Emergency medical care" means bona fide emergency services provided after the sudden onset of a medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to result in: (i) Placing the patient's health in serious jeopardy; (ii) Serious impairment to bodily functions; or (iii) Serious dysfunction of a bodily organ or part; and (C) "Notified" means to give notice to or inform a patient's physician, as defined in § 63-6-204(f)(7) , when a licensed physical therapist treats a patient pursuant to subdivision (a)(1)(D).
(A) "Emergency circumstances" means instances where emergency medical care is required;
(B) "Emergency medical care" means bona fide emergency services provided after the sudden onset of a medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to result in: (i) Placing the patient's health in serious jeopardy; (ii) Serious impairment to bodily functions; or (iii) Serious dysfunction of a bodily organ or part; and
(i) Placing the patient's health in serious jeopardy;
(ii) Serious impairment to bodily functions; or
(iii) Serious dysfunction of a bodily organ or part; and
(C) "Notified" means to give notice to or inform a patient's physician, as defined in § 63-6-204(f)(7) , when a licensed physical therapist treats a patient pursuant to subdivision (a)(1)(D).
(b) It is unprofessional conduct, for the purposes of § 63-13-312 , for a physical therapist to knowingly initiate services to a patient in violation of subdivision (a)(1)(D).
Amended by 2023 Tenn. Acts, ch. 107, s 2, eff. 4/4/2023.
Amended by 2021 Tenn. Acts, ch. 130, s 1, eff. 4/13/2021.
Amended by 2020 Tenn. Acts, ch. 790, Secs.s 4, s 5 eff. 7/15/2020.
Acts 1999, ch. 528, § 14; 2007 , ch. 115, § 10; 2007 , ch. 423, § 2.
Tenn. Code Ann. § 63-6-308 — TN Code / Title 63 / Chapter 6 / Section 63-6-308
No private cause of action for harm done to eligible patient resulting from investigational drug, biological product, or device - Part does not affect requirements under Section 56-7-2365
Status: in_force

(a) This part does not create a private cause of action against a manufacturer of an investigational drug, biological product, or device or against any other person or entity involved in the care of an eligible patient using the investigational drug, biological product, or device for any harm done to the eligible patient resulting from the investigational drug, biological product, or device, if the manufacturer or other person or entity is complying in good faith with the terms of this part and has exercised reasonable care. (b) This part does not affect any mandatory healthcare coverage for participation in clinical trials under § 56-7-2365 . Added by 2015 Tenn. Acts, ch. 376, s 1, eff. 7/1/2015.
(a) This part does not create a private cause of action against a manufacturer of an investigational drug, biological product, or device or against any other person or entity involved in the care of an eligible patient using the investigational drug, biological product, or device for any harm done to the eligible patient resulting from the investigational drug, biological product, or device, if the manufacturer or other person or entity is complying in good faith with the terms of this part and has exercised reasonable care.
(b) This part does not affect any mandatory healthcare coverage for participation in clinical trials under § 56-7-2365 .
Added by 2015 Tenn. Acts, ch. 376, s 1, eff. 7/1/2015.
Tenn. Code Ann. § 63-5-111 — TN Code / Title 63 / Chapter 5 / Section 63-5-111
Examinations - Issuance or denial of licenses
Status: in_force

(a) (1) The board may conduct examinations at such times and places as it may designate and charge each examinee a fee for each examination taken as set annually by the board. (2) In addition to examinations conducted pursuant to subdivision (a)(1), the board shall recognize a certificate granted by the American Dental Association's Commission on National Board Dental Examinations and may accept the results of its own board examination or the results of an examination conducted by one (1) or more of the regional testing agencies. (3) An examination described in this subsection (a) may be written or oral, or both; shall include subjects as may be designated by the board; and may also include practical tests, working operations, and demonstrations, within the discretion of the board. An examination may be conducted on a live human patient or a non-patient-based model may be used. (b) (1) If the applicant shall successfully pass the examination and shall be found worthy, the board shall direct the division to issue a license to that applicant. (2) The board may, within its discretion, refuse to grant a certificate to any person found guilty of making false statements, cheating or of any fraud or deception, either in applying for or in taking the examination. (3) The board may, within its discretion, refuse to issue a license to any person who fails to apply for the same within ninety (90) days following notification of successful completion of all requirements for the licensure. Amended by 2021 Tenn. Acts, ch. 476, s 1, eff. 5/18/2021. Acts 1957, ch. 32, § 12; 1965, ch. 216, § 4; 1969, ch. 29, § 4; 1976, ch. 497, § 2; 1978, ch. 824, § 9; 1981, ch. 99, § 7; T.C.A., § 63-540; Acts 1984, ch. 608, §2; 1984, ch. 937, §§24, 25; 1989, ch. 523, § 11; 2002, ch. 771, § 8.
(a) (1) The board may conduct examinations at such times and places as it may designate and charge each examinee a fee for each examination taken as set annually by the board. (2) In addition to examinations conducted pursuant to subdivision (a)(1), the board shall recognize a certificate granted by the American Dental Association's Commission on National Board Dental Examinations and may accept the results of its own board examination or the results of an examination conducted by one (1) or more of the regional testing agencies. (3) An examination described in this subsection (a) may be written or oral, or both; shall include subjects as may be designated by the board; and may also include practical tests, working operations, and demonstrations, within the discretion of the board. An examination may be conducted on a live human patient or a non-patient-based model may be used.
(1) The board may conduct examinations at such times and places as it may designate and charge each examinee a fee for each examination taken as set annually by the board.
(2) In addition to examinations conducted pursuant to subdivision (a)(1), the board shall recognize a certificate granted by the American Dental Association's Commission on National Board Dental Examinations and may accept the results of its own board examination or the results of an examination conducted by one (1) or more of the regional testing agencies.
(3) An examination described in this subsection (a) may be written or oral, or both; shall include subjects as may be designated by the board; and may also include practical tests, working operations, and demonstrations, within the discretion of the board. An examination may be conducted on a live human patient or a non-patient-based model may be used.
(b) (1) If the applicant shall successfully pass the examination and shall be found worthy, the board shall direct the division to issue a license to that applicant. (2) The board may, within its discretion, refuse to grant a certificate to any person found guilty of making false statements, cheating or of any fraud or deception, either in applying for or in taking the examination. (3) The board may, within its discretion, refuse to issue a license to any person who fails to apply for the same within ninety (90) days following notification of successful completion of all requirements for the licensure.
(1) If the applicant shall successfully pass the examination and shall be found worthy, the board shall direct the division to issue a license to that applicant.
(2) The board may, within its discretion, refuse to grant a certificate to any person found guilty of making false statements, cheating or of any fraud or deception, either in applying for or in taking the examination.
(3) The board may, within its discretion, refuse to issue a license to any person who fails to apply for the same within ninety (90) days following notification of successful completion of all requirements for the licensure.
Amended by 2021 Tenn. Acts, ch. 476, s 1, eff. 5/18/2021.
Acts 1957, ch. 32, § 12; 1965, ch. 216, § 4; 1969, ch. 29, § 4; 1976, ch. 497, § 2; 1978, ch. 824, § 9; 1981, ch. 99, § 7; T.C.A., § 63-540; Acts 1984, ch. 608, §2; 1984, ch. 937, §§24, 25; 1989, ch. 523, § 11; 2002, ch. 771, § 8.
Tenn. Code Ann. § 63-12-122 — TN Code / Title 63 / Chapter 12 / Section 63-12-122
Reissuance of license after revocation or suspension
Status: in_force

(a) The board, by an affirmative vote of three (3), at any time after suspension or revocation of a license for good and sufficient cause, may reissue a license to the person affected, conferring upon the person all the rights and privileges pertaining to the practice of veterinary medicine. (b) Any person to whom such license may be reissued shall pay the same fee as upon the issuance of the original license. Acts 1967, ch. 80, § 22; T.C.A., § 63-1222.
(a) The board, by an affirmative vote of three (3), at any time after suspension or revocation of a license for good and sufficient cause, may reissue a license to the person affected, conferring upon the person all the rights and privileges pertaining to the practice of veterinary medicine.
(b) Any person to whom such license may be reissued shall pay the same fee as upon the issuance of the original license.
Acts 1967, ch. 80, § 22; T.C.A., § 63-1222.
Tenn. Code Ann. § 63-6-237 — TN Code / Title 63 / Chapter 6 / Section 63-6-237
Radiologist assistants
Status: in_force

(a) In addition to the practice permitted by [former] § 63-6-902 [repealed], a radiologist may utilize the services of a radiologist assistant to practice radiology assistance under the supervision of such radiologist to the extent not prohibited by [former] § 63-6-902 [repealed]. (b) The board of medical examiners shall define the scope of practice of a radiologist assistant and the educational qualifications necessary to practice as a radiologist assistant by rules promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Such rules shall be consistent with guidelines adopted by the American College of Radiology, the American Society of Radiologic Technologists and the American Registry of Radiologic Technologists (ARRT). (c) A radiologist assistant must be a radiologic technologist certified by the board of medical examiners under [former] § 63-6-902 [repealed] and certified and registered with ARRT and credentialed to provide radiology services under the supervision of a radiologist. (d) A radiologist assistant may not interpret images, make diagnoses or prescribe medications or therapies. (e) On or after July 1, 2004, a radiology practitioner assistant shall only be known as a radiologist assistant. (f) On or after July 1, 2008, any person seeking to become a radiologist assistant in Tennessee must have completed an advanced academic program encompassing a nationally recognized radiologist assistant curriculum, as well as completed a radiologist directed clinical preceptorship, all culminating in a baccalaureate degree. (g) Any person who, on or before December 31, 2008, was practicing as a radiology practitioner assistant in Tennessee and who submits satisfactory proof of that practice to the board, along with an application and the certification fee on or before December 31, 2009, shall be entitled to be certified by the board as a radiologist assistant without having to meet the educational, certification, registration, credentialing or examination requirements of subsections (b) and (c) and rules promulgated pursuant to subsections (b) and (c). Acts 2004, ch. 704, § 1; 2007 , ch. 393, § 1; 2008 , ch. 1003, §§ 1-3.
(a) In addition to the practice permitted by [former] § 63-6-902 [repealed], a radiologist may utilize the services of a radiologist assistant to practice radiology assistance under the supervision of such radiologist to the extent not prohibited by [former] § 63-6-902 [repealed].
(b) The board of medical examiners shall define the scope of practice of a radiologist assistant and the educational qualifications necessary to practice as a radiologist assistant by rules promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Such rules shall be consistent with guidelines adopted by the American College of Radiology, the American Society of Radiologic Technologists and the American Registry of Radiologic Technologists (ARRT).
(c) A radiologist assistant must be a radiologic technologist certified by the board of medical examiners under [former] § 63-6-902 [repealed] and certified and registered with ARRT and credentialed to provide radiology services under the supervision of a radiologist.
(d) A radiologist assistant may not interpret images, make diagnoses or prescribe medications or therapies.
(e) On or after July 1, 2004, a radiology practitioner assistant shall only be known as a radiologist assistant.
(f) On or after July 1, 2008, any person seeking to become a radiologist assistant in Tennessee must have completed an advanced academic program encompassing a nationally recognized radiologist assistant curriculum, as well as completed a radiologist directed clinical preceptorship, all culminating in a baccalaureate degree.
(g) Any person who, on or before December 31, 2008, was practicing as a radiology practitioner assistant in Tennessee and who submits satisfactory proof of that practice to the board, along with an application and the certification fee on or before December 31, 2009, shall be entitled to be certified by the board as a radiologist assistant without having to meet the educational, certification, registration, credentialing or examination requirements of subsections (b) and (c) and rules promulgated pursuant to subsections (b) and (c).
Acts 2004, ch. 704, § 1; 2007 , ch. 393, § 1; 2008 , ch. 1003, §§ 1-3.
Tenn. Code Ann. § 63-1-161 — TN Code / Title 63 / Chapter 1 / Section 63-1-161
Waiver of initial licensure fees for low-income persons
Status: in_force

(a) As used in this section: (1) "Licensing" means the procedure through which the privilege to engage in a specific profession regulated under this title is granted by a licensing authority; (2) "Licensing authority" means any state agency with the authority to impose training, education, or licensure fees to practice in a profession; (3) "Licensure fee" means a fee imposed by a licensing authority on persons licensed to practice a profession for the privilege of providing goods or services; (4) "Low-income persons" means persons who are enrolled in a state or federal public assistance program, including, but not limited to, temporary assistance for needy families (TANF), medicaid, or supplemental nutrition assistance program (SNAP); and (5) "State agency" means a state board, agency, or commission attached to the division of health related boards, as listed in § 68-1-101(a)(8) . (b) (1) Any licensing authority that requires a license for persons to practice in a profession shall waive all initial licensure fees for low-income persons. (2) Persons seeking a waiver of initial licensure fee requirements shall apply to the appropriate licensing authority in a format prescribed by the authority. (3) All licensing authorities to which this section applies shall promulgate rules to effectuate the purposes of this section. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 2018 , ch. 954, § 2.
(a) As used in this section: (1) "Licensing" means the procedure through which the privilege to engage in a specific profession regulated under this title is granted by a licensing authority; (2) "Licensing authority" means any state agency with the authority to impose training, education, or licensure fees to practice in a profession; (3) "Licensure fee" means a fee imposed by a licensing authority on persons licensed to practice a profession for the privilege of providing goods or services; (4) "Low-income persons" means persons who are enrolled in a state or federal public assistance program, including, but not limited to, temporary assistance for needy families (TANF), medicaid, or supplemental nutrition assistance program (SNAP); and (5) "State agency" means a state board, agency, or commission attached to the division of health related boards, as listed in § 68-1-101(a)(8) .
(1) "Licensing" means the procedure through which the privilege to engage in a specific profession regulated under this title is granted by a licensing authority;
(2) "Licensing authority" means any state agency with the authority to impose training, education, or licensure fees to practice in a profession;
(3) "Licensure fee" means a fee imposed by a licensing authority on persons licensed to practice a profession for the privilege of providing goods or services;
(4) "Low-income persons" means persons who are enrolled in a state or federal public assistance program, including, but not limited to, temporary assistance for needy families (TANF), medicaid, or supplemental nutrition assistance program (SNAP); and
(5) "State agency" means a state board, agency, or commission attached to the division of health related boards, as listed in § 68-1-101(a)(8) .
(b) (1) Any licensing authority that requires a license for persons to practice in a profession shall waive all initial licensure fees for low-income persons. (2) Persons seeking a waiver of initial licensure fee requirements shall apply to the appropriate licensing authority in a format prescribed by the authority. (3) All licensing authorities to which this section applies shall promulgate rules to effectuate the purposes of this section. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(1) Any licensing authority that requires a license for persons to practice in a profession shall waive all initial licensure fees for low-income persons.
(2) Persons seeking a waiver of initial licensure fee requirements shall apply to the appropriate licensing authority in a format prescribed by the authority.
(3) All licensing authorities to which this section applies shall promulgate rules to effectuate the purposes of this section. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2018 , ch. 954, § 2.
Tenn. Code Ann. § 63-6-248 — TN Code / Title 63 / Chapter 6 / Section 63-6-248
Short-term visitor clinical training license
Status: in_force

(a) The board of medical examiners may issue to an eligible physician or medical graduate from a foreign country or foreign territory a short-term visitor clinical training license for a period of time not to exceed ninety (90) days. (b) To be eligible for a short-term visitor clinical training license under this section, an applicant physician or medical graduate must provide to the board, in a manner and form prescribed by the board by rule: (1) Proof that the applicant holds a medical degree from an institution recognized in the World Directory of Medical Schools; (2) Proof of written acceptance to a clinical professional development or short-term clinical training program in this state; (3) Proof that the applicant is able to lawfully enter and remain in the United States during the period of the clinical professional development or short-term clinical training program; (4) Evidence that the host institution or the Educational Commission for Foreign Medical Graduates (ECFMG) has verified the applicant's credentials; (5) Evidence that the applicant: (A) Has an unrestricted license to practice medicine in the applicant's country or territory of origin or country or territory of practice; or (B) Is enrolled in an accredited resident training program in the applicant's country or territory of origin; (6) A written statement that the applicant does not have, as determined by the board: (A) A disqualifying criminal history; or (B) A history of disqualifying disciplinary action by an educational or training institution, employer, or foreign licensing authority; (7) Proof of medical liability insurance coverage; and (8) A written statement signed by the applicant acknowledging that a short-term visitor clinical training license cannot be used to: (A) Obtain or hold a position in a residency program in the United States; (B) Satisfy United States graduate medical education requirements; or (C) Remain in this state to practice medicine beyond the expiration date of the license. (c) A short-term visitor clinical training licensee: (1) Shall not assume independent responsibility for patient care; (2) May only engage in training activities under the supervision and control of a physician licensed under this chapter or chapter 9 of this title; and (3) To the extent permitted by the board based upon the licensee's education and training, and by compliance with subdivision (c)(2), may engage in direct interaction with a patient, including, but not limited to: (A) Taking medical history; (B) Conducting a physical examination; (C) Reading a radiologic study; (D) Administering anesthesia; and (E) Performing a surgical procedure. Added by 2022 Tenn. Acts, ch. 970, s 1, eff. 5/3/2022.
(a) The board of medical examiners may issue to an eligible physician or medical graduate from a foreign country or foreign territory a short-term visitor clinical training license for a period of time not to exceed ninety (90) days.
(b) To be eligible for a short-term visitor clinical training license under this section, an applicant physician or medical graduate must provide to the board, in a manner and form prescribed by the board by rule: (1) Proof that the applicant holds a medical degree from an institution recognized in the World Directory of Medical Schools; (2) Proof of written acceptance to a clinical professional development or short-term clinical training program in this state; (3) Proof that the applicant is able to lawfully enter and remain in the United States during the period of the clinical professional development or short-term clinical training program; (4) Evidence that the host institution or the Educational Commission for Foreign Medical Graduates (ECFMG) has verified the applicant's credentials; (5) Evidence that the applicant: (A) Has an unrestricted license to practice medicine in the applicant's country or territory of origin or country or territory of practice; or (B) Is enrolled in an accredited resident training program in the applicant's country or territory of origin; (6) A written statement that the applicant does not have, as determined by the board: (A) A disqualifying criminal history; or (B) A history of disqualifying disciplinary action by an educational or training institution, employer, or foreign licensing authority; (7) Proof of medical liability insurance coverage; and (8) A written statement signed by the applicant acknowledging that a short-term visitor clinical training license cannot be used to: (A) Obtain or hold a position in a residency program in the United States; (B) Satisfy United States graduate medical education requirements; or (C) Remain in this state to practice medicine beyond the expiration date of the license.
(1) Proof that the applicant holds a medical degree from an institution recognized in the World Directory of Medical Schools;
(2) Proof of written acceptance to a clinical professional development or short-term clinical training program in this state;
(3) Proof that the applicant is able to lawfully enter and remain in the United States during the period of the clinical professional development or short-term clinical training program;
(4) Evidence that the host institution or the Educational Commission for Foreign Medical Graduates (ECFMG) has verified the applicant's credentials;
(5) Evidence that the applicant: (A) Has an unrestricted license to practice medicine in the applicant's country or territory of origin or country or territory of practice; or (B) Is enrolled in an accredited resident training program in the applicant's country or territory of origin;
(A) Has an unrestricted license to practice medicine in the applicant's country or territory of origin or country or territory of practice; or
(B) Is enrolled in an accredited resident training program in the applicant's country or territory of origin;
(6) A written statement that the applicant does not have, as determined by the board: (A) A disqualifying criminal history; or (B) A history of disqualifying disciplinary action by an educational or training institution, employer, or foreign licensing authority;
(A) A disqualifying criminal history; or
(B) A history of disqualifying disciplinary action by an educational or training institution, employer, or foreign licensing authority;
(7) Proof of medical liability insurance coverage; and
(8) A written statement signed by the applicant acknowledging that a short-term visitor clinical training license cannot be used to: (A) Obtain or hold a position in a residency program in the United States; (B) Satisfy United States graduate medical education requirements; or (C) Remain in this state to practice medicine beyond the expiration date of the license.
(A) Obtain or hold a position in a residency program in the United States;
(B) Satisfy United States graduate medical education requirements; or
(C) Remain in this state to practice medicine beyond the expiration date of the license.
(c) A short-term visitor clinical training licensee: (1) Shall not assume independent responsibility for patient care; (2) May only engage in training activities under the supervision and control of a physician licensed under this chapter or chapter 9 of this title; and (3) To the extent permitted by the board based upon the licensee's education and training, and by compliance with subdivision (c)(2), may engage in direct interaction with a patient, including, but not limited to: (A) Taking medical history; (B) Conducting a physical examination; (C) Reading a radiologic study; (D) Administering anesthesia; and (E) Performing a surgical procedure.
(1) Shall not assume independent responsibility for patient care;
(2) May only engage in training activities under the supervision and control of a physician licensed under this chapter or chapter 9 of this title; and
(3) To the extent permitted by the board based upon the licensee's education and training, and by compliance with subdivision (c)(2), may engage in direct interaction with a patient, including, but not limited to: (A) Taking medical history; (B) Conducting a physical examination; (C) Reading a radiologic study; (D) Administering anesthesia; and (E) Performing a surgical procedure.
(A) Taking medical history;
(B) Conducting a physical examination;
(C) Reading a radiologic study;
(D) Administering anesthesia; and
(E) Performing a surgical procedure.
Added by 2022 Tenn. Acts, ch. 970, s 1, eff. 5/3/2022.
Tenn. Code Ann. § 63-24-102 — TN Code / Title 63 / Chapter 24 / Section 63-24-102
Board - Establishment and appointment - Terms - Officers - Meetings - Reimbursement
Status: in_force

(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. 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.
(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.
(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.
(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.
(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.
(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.
(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.
(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 .
(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.
(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.
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.
Tenn. Code Ann. § 63-26-116 — TN Code / Title 63 / Chapter 26 / Section 63-26-116
Licensing of instructors without examination
Status: in_force

(a) The commissioner shall approve as a licensed electrology instructor without the required examination any person who meets the waiver requirements in § 63-26-115 and who has taught electrology for at least three (3) consecutive years prior to June 30, 1989. (b) The commissioner shall require satisfactory documentation of prior continuous teaching in electrology. (c) Application for an electrology teaching license shall be made on a form provided by the commissioner. (d) Payment of the scheduled fee for an electrology instructor license shall accompany an application. Acts 1988, ch. 896, § 18; 1989, ch. 360, § 66; 1993, ch. 342, § 1; T.C.A., §62-34-216; Acts 2009 , ch. 456, § 24.
(a) The commissioner shall approve as a licensed electrology instructor without the required examination any person who meets the waiver requirements in § 63-26-115 and who has taught electrology for at least three (3) consecutive years prior to June 30, 1989.
(b) The commissioner shall require satisfactory documentation of prior continuous teaching in electrology.
(c) Application for an electrology teaching license shall be made on a form provided by the commissioner.
(d) Payment of the scheduled fee for an electrology instructor license shall accompany an application.
Acts 1988, ch. 896, § 18; 1989, ch. 360, § 66; 1993, ch. 342, § 1; T.C.A., §62-34-216; Acts 2009 , ch. 456, § 24.
Tenn. Code Ann. § 63-1-136 — TN Code / Title 63 / Chapter 1 / Section 63-1-136
Additional powers and duties - Assistance to impaired health practitioners
Status: in_force

(a) Regulatory boards, commissions and agencies attached to the division of health related boards, in addition to other enumerated powers and duties, have as their purpose assistance in the rehabilitation of impaired health practitioners who are licensed, certified or registered by the respective regulatory boards, commissions and agencies. (b) Regulatory boards, commissions and agencies attached to the division of health related boards, in addition to other enumerated powers and duties, have the power to enter into agreements, provide grants and make other arrangements with statewide nonprofit professional associations or their affiliated foundations to identify and assist impaired professionals who are licensed, registered or certified by the respective regulatory boards, commissions and agencies. (c) Regulatory boards, commissions and agencies attached to the division of health related boards have the authority to accept and designate grants, public or private financial assistance and licensure fees to fund programs authorized in subsection (b) to assist impaired professionals. The provision of such grants shall not deem recipient peer assistance programs to be the functional equivalent of the state. (d) All information, interviews, reports, statements, memoranda and other data furnished to a nonprofit professional association or its affiliated foundation and any findings, conclusions or recommendations resulting from the proceedings of such professional association or its affiliated foundation are privileged and confidential. The records of such proceedings of the affiliated foundation or association shall be used only in the exercise of proper functions of the regulatory board, commission or agency attached to the division of health related boards and shall not become public record nor be made available for court subpoena or discovery proceedings. (e) If a regulatory board, commission or agency attached to the division of health related boards determines that an association or its affiliated foundation is not providing adequate services under this section, then the board, commission or agency may contract with another nonprofit organization in order to assist impaired professionals. (f) Organizations that directly provide alcohol and drug treatment services or behavioral health services on an inpatient or outpatient basis for remuneration shall be prohibited from contracting with such board, commission or agency to provide a professional assistance program. Acts 1992, ch. 541, § 1; 2003, ch. 388, §§ 1, 3.
(a) Regulatory boards, commissions and agencies attached to the division of health related boards, in addition to other enumerated powers and duties, have as their purpose assistance in the rehabilitation of impaired health practitioners who are licensed, certified or registered by the respective regulatory boards, commissions and agencies.
(b) Regulatory boards, commissions and agencies attached to the division of health related boards, in addition to other enumerated powers and duties, have the power to enter into agreements, provide grants and make other arrangements with statewide nonprofit professional associations or their affiliated foundations to identify and assist impaired professionals who are licensed, registered or certified by the respective regulatory boards, commissions and agencies.
(c) Regulatory boards, commissions and agencies attached to the division of health related boards have the authority to accept and designate grants, public or private financial assistance and licensure fees to fund programs authorized in subsection (b) to assist impaired professionals. The provision of such grants shall not deem recipient peer assistance programs to be the functional equivalent of the state.
(d) All information, interviews, reports, statements, memoranda and other data furnished to a nonprofit professional association or its affiliated foundation and any findings, conclusions or recommendations resulting from the proceedings of such professional association or its affiliated foundation are privileged and confidential. The records of such proceedings of the affiliated foundation or association shall be used only in the exercise of proper functions of the regulatory board, commission or agency attached to the division of health related boards and shall not become public record nor be made available for court subpoena or discovery proceedings.
(e) If a regulatory board, commission or agency attached to the division of health related boards determines that an association or its affiliated foundation is not providing adequate services under this section, then the board, commission or agency may contract with another nonprofit organization in order to assist impaired professionals.
(f) Organizations that directly provide alcohol and drug treatment services or behavioral health services on an inpatient or outpatient basis for remuneration shall be prohibited from contracting with such board, commission or agency to provide a professional assistance program.
Acts 1992, ch. 541, § 1; 2003, ch. 388, §§ 1, 3.
Tenn. Code Ann. § 63-22-404 — TN Code / Title 63 / Chapter 22 / Section 63-22-404
Effective date of compact; notice to revisor of statutes
Status: in_force

This part takes effect on the date the compact is enacted into law in the tenth compact state. The board for professional counselors, marital and family therapists, and clinical pastoral therapists shall notify the executive secretary of the Tennessee code commission, the chair of the government operations committee of the senate, and the chair of the government operations committee of the house of representatives in writing when the condition specified in this section has occurred. Added by 2022 Tenn. Acts, ch. 1088, s 1, eff. 5/27/2022.
This part takes effect on the date the compact is enacted into law in the tenth compact state. The board for professional counselors, marital and family therapists, and clinical pastoral therapists shall notify the executive secretary of the Tennessee code commission, the chair of the government operations committee of the senate, and the chair of the government operations committee of the house of representatives in writing when the condition specified in this section has occurred.
Added by 2022 Tenn. Acts, ch. 1088, s 1, eff. 5/27/2022.