Tenn. Code Ann. § 63-23-210 — TN Code / Title 63 / Chapter 23 / Section 63-23-210
Establishment of social work licensure compact commission
Status: in_force

(a) The compact member states create and establish a joint government agency whose membership consists of all member states that have enacted this compact known as the social work licensure compact commission. The commission is an instrumentality of the compact states acting jointly and not an instrumentality of any one (1) state. The commission comes into existence on or after the effective date of this compact as set forth in § 63-23-214 . (b) Membership, voting, and meetings. (1) Each member state has and is limited to one (1) delegate selected by that member state's state licensing authority. (2) The delegate must be either: (A) A current member of the state licensing authority at the time of appointment, who is a regulated social worker or public member of the state licensing authority; or (B) An administrator of the state licensing authority or their designee. (3) The commission shall by rule or bylaw establish a term of office for delegates and may by rule or bylaw establish term limits. (4) The commission may recommend removal or suspension of any delegate from office. (5) A member state's state licensing authority shall fill any vacancy of its delegate occurring on the commission within sixty (60) days of the vacancy. (6) Each delegate is entitled to one (1) vote on all matters before the commission requiring a vote by commission delegates. (7) A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates to meet by telecommunication, videoconference, or other means of communication. (8) The commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws. The commission may meet by telecommunication, video conference, or other similar electronic means. (c) The commission has the following powers: (1) Establish the fiscal year of the commission; (2) Establish code of conduct and conflict of interest policies; (3) Establish and amend rules and bylaws; (4) Maintain its financial records in accordance with the bylaws; (5) Meet and take such actions as are consistent with this compact, the commission's rules, and the bylaws; (6) Initiate and conclude legal proceedings or actions in the name of the commission; provided, that the standing of any state licensing board to sue or be sued under applicable law is not affected; (7) Maintain and certify records and information provided to a member state as the authenticated business records of the commission, and designate an agent to do so on the commission's behalf; (8) Purchase and maintain insurance and bonds; (9) Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state; (10) Conduct an annual financial review; (11) Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this compact, and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters; (12) Assess and collect fees; (13) Accept any and all appropriate gifts, donations, grants of money, other sources of revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same; provided, that at all times, the commission shall avoid any appearance of impropriety or conflict of interest; (14) Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided interest therein; (15) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed; (16) Establish a budget and make expenditures; (17) Borrow money; (18) Appoint committees, including standing committees, composed of members, state regulators, state legislators or their representatives, consumer representatives, and such other interested persons as may be designated in this compact and the bylaws; (19) Provide and receive information from, and cooperate with, law enforcement agencies; (20) Establish and elect an executive committee, including a chair and a vice chair; (21) Determine whether a state's adopted language is materially different from the model compact language such that the state would not qualify for participation in this compact; and (22) Perform such other functions as may be necessary or appropriate to achieve the purposes of this compact. (d) The executive committee. (1) The executive committee has the power to act on behalf of the commission according to the terms of this compact. The powers, duties, and responsibilities of the executive committee include: (A) Oversee the day-to-day activities of the administration of this compact, including enforcement and compliance with this compact, its rules, and bylaws, and other such duties as deemed necessary; (B) Recommend to the commission changes to the rules or bylaws, changes to this compact legislation, fees charged to compact member states, fees charged to licensees, and other fees; (C) Ensure compact administration services are appropriately provided, including by contract; (D) Prepare and recommend the budget; (E) Maintain financial records on behalf of the commission; (F) Monitor compact compliance of member states and provide compliance reports to the commission; (G) Establish additional committees as necessary; (H) Exercise the powers and duties of the commission during the interim between commission meetings, except for adopting or amending rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the commission by rule or bylaw; and (I) Other duties as provided in the rules or bylaws of the commission. (2) The executive committee is composed of up to eleven (11) members: (A) The chair and vice chair of the commission are voting members of the executive committee; (B) The commission shall elect five (5) voting members from the current membership of the commission; (C) Up to four (4) ex officio, nonvoting members must be selected from four (4) recognized national social work organizations; and (D) The ex-officio members must be selected by their respective organizations. (3) The commission may remove any member of the executive committee as provided in the commission's bylaws. (4) The executive committee shall meet at least annually. (A) Executive committee meetings must be open to the public, except that the executive committee may meet in a closed, non-public meeting as provided in subdivision (f)(2). (B) The executive committee shall give seven (7) days' notice of its meetings, posted on its website and as determined to provide notice to persons with an interest in the business of the commission. (C) The executive committee may hold a special meeting in accordance with subdivision (f)(1)(B). (e) The commission shall adopt and provide to the member states an annual report. (f) Meetings of the commission. (1) All meetings must be open to the public, except that the commission may meet in a closed, non-public meeting as provided in subdivision (f)(2). (A) Public notice for all meetings of the full commission of meetings must be given in the same manner as required under the rulemaking provisions in § 63-23-212 , except that the commission may hold a special meeting as provided in subdivision (f)(1)(B). (B) The commission may hold a special meeting when it must meet to conduct emergency business by giving forty-eight-hours' notice to all commissioners, on the commission's website, and other means as provided in the commission's rules. The commission's legal counsel shall certify that the commission's need to meet qualifies as an emergency. (2) The commission or the executive committee or other committees of the commission may convene in a closed, non-public meeting for the commission or executive committee or other committees of the commission to receive legal advice or to discuss: (A) Non-compliance of a member state with its obligations under this compact; (B) The employment, compensation, discipline, or other matters, practices, or procedures related to specific employees; (C) Current or threatened discipline of a licensee by the commission or by a member state's licensing authority; (D) Current, threatened, or reasonably anticipated litigation; (E) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate; (F) Accusing any person of a crime or formally censuring any person; (G) Trade secrets or commercial or financial information that is privileged or confidential; (H) Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (I) Investigative records compiled for law enforcement purposes; (J) Information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to this compact; (K) Matters specifically exempted from disclosure by federal or member state law; or (L) Other matters as promulgated by the commission by rule. (3) If a meeting, or portion of a meeting, is closed, then the presiding officer must state that the meeting will be closed and reference each relevant exempting provision, and such reference must be recorded in the minutes. (4) The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action must be identified in such minutes. All minutes and documents of a closed meeting must remain under seal, subject to release only by a majority vote of the commission or order of a court of competent jurisdiction. (g) Financing of the commission. (1) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities. (2) The commission may accept any and all appropriate revenue sources as provided in subdivision (c)(13). (3) The commission may levy on and collect an annual assessment from each member state and impose fees on licensees of member states to whom it grants a multistate license to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount for member states must be allocated based upon a formula that the commission promulgates by rule. (4) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same, nor shall the commission pledge the credit of any of the member states, except by and with the authority of the member state. (5) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission are subject to the financial review and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission are subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review must be included in and become part of the annual report of the commission. (h) Qualified immunity, defense, and indemnification. (1) The members, officers, executive director, employees, and representatives of the commission are immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided, that nothing in this subsection (h) must be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance of any type by the commission must not in any way compromise or limit the immunity granted in this subsection (h). (2) The commission shall defend any member, officer, executive director, employee, and representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or as determined by the commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided, that nothing in this subsection (h) must be construed to prohibit that person from retaining their own counsel at their own expense; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct. (3) The commission shall indemnify and hold harmless any member, officer, executive director, employee, and representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided, that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person. (4) Nothing in this compact must be construed as a limitation on the liability of any licensee for professional malpractice or misconduct, which is governed solely by any other applicable state laws. (5) Nothing in this compact must be interpreted to waive or otherwise abrogate a member state's state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any other state or federal antitrust or anticompetitive law or regulation. (6) Nothing in this compact must be construed to be a waiver of sovereign immunity by the member states or by the commission. Added by 2024 Tenn. Acts, ch. 1041,s 1, eff. 7/1/2024.
(a) The compact member states create and establish a joint government agency whose membership consists of all member states that have enacted this compact known as the social work licensure compact commission. The commission is an instrumentality of the compact states acting jointly and not an instrumentality of any one (1) state. The commission comes into existence on or after the effective date of this compact as set forth in § 63-23-214 .
(b) Membership, voting, and meetings. (1) Each member state has and is limited to one (1) delegate selected by that member state's state licensing authority. (2) The delegate must be either: (A) A current member of the state licensing authority at the time of appointment, who is a regulated social worker or public member of the state licensing authority; or (B) An administrator of the state licensing authority or their designee. (3) The commission shall by rule or bylaw establish a term of office for delegates and may by rule or bylaw establish term limits. (4) The commission may recommend removal or suspension of any delegate from office. (5) A member state's state licensing authority shall fill any vacancy of its delegate occurring on the commission within sixty (60) days of the vacancy. (6) Each delegate is entitled to one (1) vote on all matters before the commission requiring a vote by commission delegates. (7) A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates to meet by telecommunication, videoconference, or other means of communication. (8) The commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws. The commission may meet by telecommunication, video conference, or other similar electronic means.
(1) Each member state has and is limited to one (1) delegate selected by that member state's state licensing authority.
(2) The delegate must be either: (A) A current member of the state licensing authority at the time of appointment, who is a regulated social worker or public member of the state licensing authority; or (B) An administrator of the state licensing authority or their designee.
(A) A current member of the state licensing authority at the time of appointment, who is a regulated social worker or public member of the state licensing authority; or
(B) An administrator of the state licensing authority or their designee.
(3) The commission shall by rule or bylaw establish a term of office for delegates and may by rule or bylaw establish term limits.
(4) The commission may recommend removal or suspension of any delegate from office.
(5) A member state's state licensing authority shall fill any vacancy of its delegate occurring on the commission within sixty (60) days of the vacancy.
(6) Each delegate is entitled to one (1) vote on all matters before the commission requiring a vote by commission delegates.
(7) A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates to meet by telecommunication, videoconference, or other means of communication.
(8) The commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws. The commission may meet by telecommunication, video conference, or other similar electronic means.
(c) The commission has the following powers: (1) Establish the fiscal year of the commission; (2) Establish code of conduct and conflict of interest policies; (3) Establish and amend rules and bylaws; (4) Maintain its financial records in accordance with the bylaws; (5) Meet and take such actions as are consistent with this compact, the commission's rules, and the bylaws; (6) Initiate and conclude legal proceedings or actions in the name of the commission; provided, that the standing of any state licensing board to sue or be sued under applicable law is not affected; (7) Maintain and certify records and information provided to a member state as the authenticated business records of the commission, and designate an agent to do so on the commission's behalf; (8) Purchase and maintain insurance and bonds; (9) Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state; (10) Conduct an annual financial review; (11) Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this compact, and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters; (12) Assess and collect fees; (13) Accept any and all appropriate gifts, donations, grants of money, other sources of revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same; provided, that at all times, the commission shall avoid any appearance of impropriety or conflict of interest; (14) Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided interest therein; (15) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed; (16) Establish a budget and make expenditures; (17) Borrow money; (18) Appoint committees, including standing committees, composed of members, state regulators, state legislators or their representatives, consumer representatives, and such other interested persons as may be designated in this compact and the bylaws; (19) Provide and receive information from, and cooperate with, law enforcement agencies; (20) Establish and elect an executive committee, including a chair and a vice chair; (21) Determine whether a state's adopted language is materially different from the model compact language such that the state would not qualify for participation in this compact; and (22) Perform such other functions as may be necessary or appropriate to achieve the purposes of this compact.
(1) Establish the fiscal year of the commission;
(2) Establish code of conduct and conflict of interest policies;
(3) Establish and amend rules and bylaws;
(4) Maintain its financial records in accordance with the bylaws;
(5) Meet and take such actions as are consistent with this compact, the commission's rules, and the bylaws;
(6) Initiate and conclude legal proceedings or actions in the name of the commission; provided, that the standing of any state licensing board to sue or be sued under applicable law is not affected;
(7) Maintain and certify records and information provided to a member state as the authenticated business records of the commission, and designate an agent to do so on the commission's behalf;
(8) Purchase and maintain insurance and bonds;
(9) Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state;
(10) Conduct an annual financial review;
(11) Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this compact, and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;
(12) Assess and collect fees;
(13) Accept any and all appropriate gifts, donations, grants of money, other sources of revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same; provided, that at all times, the commission shall avoid any appearance of impropriety or conflict of interest;
(14) Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided interest therein;
(15) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;
(16) Establish a budget and make expenditures;
(17) Borrow money;
(18) Appoint committees, including standing committees, composed of members, state regulators, state legislators or their representatives, consumer representatives, and such other interested persons as may be designated in this compact and the bylaws;
(19) Provide and receive information from, and cooperate with, law enforcement agencies;
(20) Establish and elect an executive committee, including a chair and a vice chair;
(21) Determine whether a state's adopted language is materially different from the model compact language such that the state would not qualify for participation in this compact; and
(22) Perform such other functions as may be necessary or appropriate to achieve the purposes of this compact.
(d) The executive committee. (1) The executive committee has the power to act on behalf of the commission according to the terms of this compact. The powers, duties, and responsibilities of the executive committee include: (A) Oversee the day-to-day activities of the administration of this compact, including enforcement and compliance with this compact, its rules, and bylaws, and other such duties as deemed necessary; (B) Recommend to the commission changes to the rules or bylaws, changes to this compact legislation, fees charged to compact member states, fees charged to licensees, and other fees; (C) Ensure compact administration services are appropriately provided, including by contract; (D) Prepare and recommend the budget; (E) Maintain financial records on behalf of the commission; (F) Monitor compact compliance of member states and provide compliance reports to the commission; (G) Establish additional committees as necessary; (H) Exercise the powers and duties of the commission during the interim between commission meetings, except for adopting or amending rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the commission by rule or bylaw; and (I) Other duties as provided in the rules or bylaws of the commission. (2) The executive committee is composed of up to eleven (11) members: (A) The chair and vice chair of the commission are voting members of the executive committee; (B) The commission shall elect five (5) voting members from the current membership of the commission; (C) Up to four (4) ex officio, nonvoting members must be selected from four (4) recognized national social work organizations; and (D) The ex-officio members must be selected by their respective organizations. (3) The commission may remove any member of the executive committee as provided in the commission's bylaws. (4) The executive committee shall meet at least annually. (A) Executive committee meetings must be open to the public, except that the executive committee may meet in a closed, non-public meeting as provided in subdivision (f)(2). (B) The executive committee shall give seven (7) days' notice of its meetings, posted on its website and as determined to provide notice to persons with an interest in the business of the commission. (C) The executive committee may hold a special meeting in accordance with subdivision (f)(1)(B).
(1) The executive committee has the power to act on behalf of the commission according to the terms of this compact. The powers, duties, and responsibilities of the executive committee include: (A) Oversee the day-to-day activities of the administration of this compact, including enforcement and compliance with this compact, its rules, and bylaws, and other such duties as deemed necessary; (B) Recommend to the commission changes to the rules or bylaws, changes to this compact legislation, fees charged to compact member states, fees charged to licensees, and other fees; (C) Ensure compact administration services are appropriately provided, including by contract; (D) Prepare and recommend the budget; (E) Maintain financial records on behalf of the commission; (F) Monitor compact compliance of member states and provide compliance reports to the commission; (G) Establish additional committees as necessary; (H) Exercise the powers and duties of the commission during the interim between commission meetings, except for adopting or amending rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the commission by rule or bylaw; and (I) Other duties as provided in the rules or bylaws of the commission.
(A) Oversee the day-to-day activities of the administration of this compact, including enforcement and compliance with this compact, its rules, and bylaws, and other such duties as deemed necessary;
(B) Recommend to the commission changes to the rules or bylaws, changes to this compact legislation, fees charged to compact member states, fees charged to licensees, and other fees;
(C) Ensure compact administration services are appropriately provided, including by contract;
(D) Prepare and recommend the budget;
(E) Maintain financial records on behalf of the commission;
(F) Monitor compact compliance of member states and provide compliance reports to the commission;
(G) Establish additional committees as necessary;
(H) Exercise the powers and duties of the commission during the interim between commission meetings, except for adopting or amending rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the commission by rule or bylaw; and
(I) Other duties as provided in the rules or bylaws of the commission.
(2) The executive committee is composed of up to eleven (11) members: (A) The chair and vice chair of the commission are voting members of the executive committee; (B) The commission shall elect five (5) voting members from the current membership of the commission; (C) Up to four (4) ex officio, nonvoting members must be selected from four (4) recognized national social work organizations; and (D) The ex-officio members must be selected by their respective organizations.
(A) The chair and vice chair of the commission are voting members of the executive committee;
(B) The commission shall elect five (5) voting members from the current membership of the commission;
(C) Up to four (4) ex officio, nonvoting members must be selected from four (4) recognized national social work organizations; and
(D) The ex-officio members must be selected by their respective organizations.
(3) The commission may remove any member of the executive committee as provided in the commission's bylaws.
(4) The executive committee shall meet at least annually. (A) Executive committee meetings must be open to the public, except that the executive committee may meet in a closed, non-public meeting as provided in subdivision (f)(2). (B) The executive committee shall give seven (7) days' notice of its meetings, posted on its website and as determined to provide notice to persons with an interest in the business of the commission. (C) The executive committee may hold a special meeting in accordance with subdivision (f)(1)(B).
(A) Executive committee meetings must be open to the public, except that the executive committee may meet in a closed, non-public meeting as provided in subdivision (f)(2).
(B) The executive committee shall give seven (7) days' notice of its meetings, posted on its website and as determined to provide notice to persons with an interest in the business of the commission.
(C) The executive committee may hold a special meeting in accordance with subdivision (f)(1)(B).
(e) The commission shall adopt and provide to the member states an annual report.
(f) Meetings of the commission. (1) All meetings must be open to the public, except that the commission may meet in a closed, non-public meeting as provided in subdivision (f)(2). (A) Public notice for all meetings of the full commission of meetings must be given in the same manner as required under the rulemaking provisions in § 63-23-212 , except that the commission may hold a special meeting as provided in subdivision (f)(1)(B). (B) The commission may hold a special meeting when it must meet to conduct emergency business by giving forty-eight-hours' notice to all commissioners, on the commission's website, and other means as provided in the commission's rules. The commission's legal counsel shall certify that the commission's need to meet qualifies as an emergency. (2) The commission or the executive committee or other committees of the commission may convene in a closed, non-public meeting for the commission or executive committee or other committees of the commission to receive legal advice or to discuss: (A) Non-compliance of a member state with its obligations under this compact; (B) The employment, compensation, discipline, or other matters, practices, or procedures related to specific employees; (C) Current or threatened discipline of a licensee by the commission or by a member state's licensing authority; (D) Current, threatened, or reasonably anticipated litigation; (E) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate; (F) Accusing any person of a crime or formally censuring any person; (G) Trade secrets or commercial or financial information that is privileged or confidential; (H) Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (I) Investigative records compiled for law enforcement purposes; (J) Information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to this compact; (K) Matters specifically exempted from disclosure by federal or member state law; or (L) Other matters as promulgated by the commission by rule. (3) If a meeting, or portion of a meeting, is closed, then the presiding officer must state that the meeting will be closed and reference each relevant exempting provision, and such reference must be recorded in the minutes. (4) The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action must be identified in such minutes. All minutes and documents of a closed meeting must remain under seal, subject to release only by a majority vote of the commission or order of a court of competent jurisdiction.
(1) All meetings must be open to the public, except that the commission may meet in a closed, non-public meeting as provided in subdivision (f)(2). (A) Public notice for all meetings of the full commission of meetings must be given in the same manner as required under the rulemaking provisions in § 63-23-212 , except that the commission may hold a special meeting as provided in subdivision (f)(1)(B). (B) The commission may hold a special meeting when it must meet to conduct emergency business by giving forty-eight-hours' notice to all commissioners, on the commission's website, and other means as provided in the commission's rules. The commission's legal counsel shall certify that the commission's need to meet qualifies as an emergency.
(A) Public notice for all meetings of the full commission of meetings must be given in the same manner as required under the rulemaking provisions in § 63-23-212 , except that the commission may hold a special meeting as provided in subdivision (f)(1)(B).
(B) The commission may hold a special meeting when it must meet to conduct emergency business by giving forty-eight-hours' notice to all commissioners, on the commission's website, and other means as provided in the commission's rules. The commission's legal counsel shall certify that the commission's need to meet qualifies as an emergency.
(2) The commission or the executive committee or other committees of the commission may convene in a closed, non-public meeting for the commission or executive committee or other committees of the commission to receive legal advice or to discuss: (A) Non-compliance of a member state with its obligations under this compact; (B) The employment, compensation, discipline, or other matters, practices, or procedures related to specific employees; (C) Current or threatened discipline of a licensee by the commission or by a member state's licensing authority; (D) Current, threatened, or reasonably anticipated litigation; (E) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate; (F) Accusing any person of a crime or formally censuring any person; (G) Trade secrets or commercial or financial information that is privileged or confidential; (H) Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (I) Investigative records compiled for law enforcement purposes; (J) Information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to this compact; (K) Matters specifically exempted from disclosure by federal or member state law; or (L) Other matters as promulgated by the commission by rule.
(A) Non-compliance of a member state with its obligations under this compact;
(B) The employment, compensation, discipline, or other matters, practices, or procedures related to specific employees;
(C) Current or threatened discipline of a licensee by the commission or by a member state's licensing authority;
(D) Current, threatened, or reasonably anticipated litigation;
(E) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;
(F) Accusing any person of a crime or formally censuring any person;
(G) Trade secrets or commercial or financial information that is privileged or confidential;
(H) Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
(I) Investigative records compiled for law enforcement purposes;
(J) Information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to this compact;
(K) Matters specifically exempted from disclosure by federal or member state law; or
(L) Other matters as promulgated by the commission by rule.
(3) If a meeting, or portion of a meeting, is closed, then the presiding officer must state that the meeting will be closed and reference each relevant exempting provision, and such reference must be recorded in the minutes.
(4) The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action must be identified in such minutes. All minutes and documents of a closed meeting must remain under seal, subject to release only by a majority vote of the commission or order of a court of competent jurisdiction.
(g) Financing of the commission. (1) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities. (2) The commission may accept any and all appropriate revenue sources as provided in subdivision (c)(13). (3) The commission may levy on and collect an annual assessment from each member state and impose fees on licensees of member states to whom it grants a multistate license to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount for member states must be allocated based upon a formula that the commission promulgates by rule. (4) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same, nor shall the commission pledge the credit of any of the member states, except by and with the authority of the member state. (5) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission are subject to the financial review and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission are subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review must be included in and become part of the annual report of the commission.
(1) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
(2) The commission may accept any and all appropriate revenue sources as provided in subdivision (c)(13).
(3) The commission may levy on and collect an annual assessment from each member state and impose fees on licensees of member states to whom it grants a multistate license to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount for member states must be allocated based upon a formula that the commission promulgates by rule.
(4) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same, nor shall the commission pledge the credit of any of the member states, except by and with the authority of the member state.
(5) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission are subject to the financial review and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission are subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review must be included in and become part of the annual report of the commission.
(h) Qualified immunity, defense, and indemnification. (1) The members, officers, executive director, employees, and representatives of the commission are immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided, that nothing in this subsection (h) must be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance of any type by the commission must not in any way compromise or limit the immunity granted in this subsection (h). (2) The commission shall defend any member, officer, executive director, employee, and representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or as determined by the commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided, that nothing in this subsection (h) must be construed to prohibit that person from retaining their own counsel at their own expense; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct. (3) The commission shall indemnify and hold harmless any member, officer, executive director, employee, and representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided, that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person. (4) Nothing in this compact must be construed as a limitation on the liability of any licensee for professional malpractice or misconduct, which is governed solely by any other applicable state laws. (5) Nothing in this compact must be interpreted to waive or otherwise abrogate a member state's state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any other state or federal antitrust or anticompetitive law or regulation. (6) Nothing in this compact must be construed to be a waiver of sovereign immunity by the member states or by the commission.
(1) The members, officers, executive director, employees, and representatives of the commission are immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided, that nothing in this subsection (h) must be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance of any type by the commission must not in any way compromise or limit the immunity granted in this subsection (h).
(2) The commission shall defend any member, officer, executive director, employee, and representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or as determined by the commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided, that nothing in this subsection (h) must be construed to prohibit that person from retaining their own counsel at their own expense; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.
(3) The commission shall indemnify and hold harmless any member, officer, executive director, employee, and representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided, that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.
(4) Nothing in this compact must be construed as a limitation on the liability of any licensee for professional malpractice or misconduct, which is governed solely by any other applicable state laws.
(5) Nothing in this compact must be interpreted to waive or otherwise abrogate a member state's state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any other state or federal antitrust or anticompetitive law or regulation.
(6) Nothing in this compact must be construed to be a waiver of sovereign immunity by the member states or by the commission.
Added by 2024 Tenn. Acts, ch. 1041,s 1, eff. 7/1/2024.
Tenn. Code Ann. § 63-17-210 — TN Code / Title 63 / Chapter 17 / Section 63-17-210
Examination requirements
Status: in_force

(a) The examination provided in § 63-17-209 shall consist of: (1) Tests of knowledge in the following areas as they pertain to the fitting of hearing instruments: (A) Basic physics of sound; (B) The human hearing mechanism, including the science of hearing and the causes and rehabilitation of abnormal hearing and hearing disorders; and (C) Structure and function of hearing instruments; (2) Tests of proficiency in the following techniques as they pertain to the fitting of hearing instruments: (A) Pure tone audiometry, including air conduction testing and bone conduction testing; (B) Live voice or recorded voice speech audiometry, including speech reception threshold testing and speech discrimination testing; (C) Effective masking; (D) Recording and evaluation of audiograms and speech audiometry to determine hearing instrument candidacy; (E) Selection and adaption of hearing instruments and testing of hearing instruments; (F) Taking earmold impressions; and (G) Other skills as may be required for the fitting of hearing instruments; and (3) Tests of knowledge of the provisions and requirements of this part. (b) The tests under this section shall not include questions requiring a medical or surgical education. Acts 1995, ch. 481, § 12.
(a) The examination provided in § 63-17-209 shall consist of: (1) Tests of knowledge in the following areas as they pertain to the fitting of hearing instruments: (A) Basic physics of sound; (B) The human hearing mechanism, including the science of hearing and the causes and rehabilitation of abnormal hearing and hearing disorders; and (C) Structure and function of hearing instruments; (2) Tests of proficiency in the following techniques as they pertain to the fitting of hearing instruments: (A) Pure tone audiometry, including air conduction testing and bone conduction testing; (B) Live voice or recorded voice speech audiometry, including speech reception threshold testing and speech discrimination testing; (C) Effective masking; (D) Recording and evaluation of audiograms and speech audiometry to determine hearing instrument candidacy; (E) Selection and adaption of hearing instruments and testing of hearing instruments; (F) Taking earmold impressions; and (G) Other skills as may be required for the fitting of hearing instruments; and (3) Tests of knowledge of the provisions and requirements of this part.
(1) Tests of knowledge in the following areas as they pertain to the fitting of hearing instruments: (A) Basic physics of sound; (B) The human hearing mechanism, including the science of hearing and the causes and rehabilitation of abnormal hearing and hearing disorders; and (C) Structure and function of hearing instruments;
(A) Basic physics of sound;
(B) The human hearing mechanism, including the science of hearing and the causes and rehabilitation of abnormal hearing and hearing disorders; and
(C) Structure and function of hearing instruments;
(2) Tests of proficiency in the following techniques as they pertain to the fitting of hearing instruments: (A) Pure tone audiometry, including air conduction testing and bone conduction testing; (B) Live voice or recorded voice speech audiometry, including speech reception threshold testing and speech discrimination testing; (C) Effective masking; (D) Recording and evaluation of audiograms and speech audiometry to determine hearing instrument candidacy; (E) Selection and adaption of hearing instruments and testing of hearing instruments; (F) Taking earmold impressions; and (G) Other skills as may be required for the fitting of hearing instruments; and
(A) Pure tone audiometry, including air conduction testing and bone conduction testing;
(B) Live voice or recorded voice speech audiometry, including speech reception threshold testing and speech discrimination testing;
(C) Effective masking;
(D) Recording and evaluation of audiograms and speech audiometry to determine hearing instrument candidacy;
(E) Selection and adaption of hearing instruments and testing of hearing instruments;
(F) Taking earmold impressions; and
(G) Other skills as may be required for the fitting of hearing instruments; and
(3) Tests of knowledge of the provisions and requirements of this part.
(b) The tests under this section shall not include questions requiring a medical or surgical education.
Acts 1995, ch. 481, § 12.
Tenn. Code Ann. § 63-7-210 — TN Code / Title 63 / Chapter 7 / Section 63-7-210
Special volunteer license for practice in free health clinic - Exemption from fees - Renewal
Status: in_force

A nurse licensed pursuant to this chapter under a special volunteer license who is a medical practitioner, as defined by § 63-1-201 , engaged in practice at a free health clinic shall not be subject to license fees under this chapter. The board of nursing may issue a special volunteer license, as such license is defined in § 63-1-201 , to qualified applicants without fee or charge. Such license shall be for a period of two (2) years and may be renewed on a biennial basis. Acts 2004, ch. 579, § 5.
A nurse licensed pursuant to this chapter under a special volunteer license who is a medical practitioner, as defined by § 63-1-201 , engaged in practice at a free health clinic shall not be subject to license fees under this chapter. The board of nursing may issue a special volunteer license, as such license is defined in § 63-1-201 , to qualified applicants without fee or charge. Such license shall be for a period of two (2) years and may be renewed on a biennial basis.
Acts 2004, ch. 579, § 5.
Tenn. Code Ann. § 63-30-106 — TN Code / Title 63 / Chapter 30 / Section 63-30-106
Registration of applicants from another state
Status: in_force

The division shall register an individual from another state who applies for registration, pays the applicable fees, meets or exceeds the requirements established by this chapter, and who has no imposed or pending disciplinary actions in any state. Acts 2001, ch. 389, § 7.
The division shall register an individual from another state who applies for registration, pays the applicable fees, meets or exceeds the requirements established by this chapter, and who has no imposed or pending disciplinary actions in any state.
Acts 2001, ch. 389, § 7.
Tenn. Code Ann. § 63-6-603 — TN Code / Title 63 / Chapter 6 / Section 63-6-603
Where physicians may invest in and refer to an outside entity - Requirements
Status: in_force

There may be situations in which a needed entity would not be built or instituted if referring physicians were prohibited from investing in the entity and a need might exist when there is no entity of reasonable quality in the community or when use of existing entities is onerous for patients. Therefore, physicians may invest in and refer to an outside entity, whether or not they provide direct care or services at or for the entity, if there is a demonstrated need in the community for the entity and alternative financing is not available. In such cases, the following requirements apply: (1) Individuals who are not in a position to refer patients to the entity shall be given a bona fide opportunity to invest in the entity and be able to invest on the same terms that are offered to referring physicians. The terms on which investment interests are offered to physicians shall not be related to the past or expected volume of referrals or other business from the physicians; (2) There is no requirement that any physician investor make referrals to the entity or otherwise generate business as a condition for remaining an investor; (3) The entity shall not market or furnish its items or services to referring physician investors differently than to other investors; (4) The entity shall not loan funds or guarantee a loan for physicians in a position to refer to the entity; (5) The return on the physician's investment shall be tied to the physician's equity in the entity rather than to the volume of referrals; (6) Investment contracts shall not include noncompetition clauses that prevent physicians from investing in other entities; (7) Physicians shall disclose their investment interest to their patients when making a referral. Patients shall be given a list of effective alternative entities if any such entities become reasonably available, informed that they have the option to use one of the alternative entities and assured that they will not be treated differently by the physician if they do not choose the physician-owned entity. These disclosure requirements also apply to physician investors who directly provide care or services for their patients in entities outside their office practice; (8) The physician's ownership interest shall be disclosed, when requested, to third party payers; (9) An internal utilization review program is established to ensure that investing physicians do not exploit their patients in any way, such as by inappropriate or unnecessary utilization; and (10) When a physician's financial interest conflicts so greatly with the patient's interest as to be incompatible, the physician shall make alternative arrangements for the care of the patient. Acts 1993, ch. 408, § 4.
There may be situations in which a needed entity would not be built or instituted if referring physicians were prohibited from investing in the entity and a need might exist when there is no entity of reasonable quality in the community or when use of existing entities is onerous for patients. Therefore, physicians may invest in and refer to an outside entity, whether or not they provide direct care or services at or for the entity, if there is a demonstrated need in the community for the entity and alternative financing is not available. In such cases, the following requirements apply:
(1) Individuals who are not in a position to refer patients to the entity shall be given a bona fide opportunity to invest in the entity and be able to invest on the same terms that are offered to referring physicians. The terms on which investment interests are offered to physicians shall not be related to the past or expected volume of referrals or other business from the physicians;
(2) There is no requirement that any physician investor make referrals to the entity or otherwise generate business as a condition for remaining an investor;
(3) The entity shall not market or furnish its items or services to referring physician investors differently than to other investors;
(4) The entity shall not loan funds or guarantee a loan for physicians in a position to refer to the entity;
(5) The return on the physician's investment shall be tied to the physician's equity in the entity rather than to the volume of referrals;
(6) Investment contracts shall not include noncompetition clauses that prevent physicians from investing in other entities;
(7) Physicians shall disclose their investment interest to their patients when making a referral. Patients shall be given a list of effective alternative entities if any such entities become reasonably available, informed that they have the option to use one of the alternative entities and assured that they will not be treated differently by the physician if they do not choose the physician-owned entity. These disclosure requirements also apply to physician investors who directly provide care or services for their patients in entities outside their office practice;
(8) The physician's ownership interest shall be disclosed, when requested, to third party payers;
(9) An internal utilization review program is established to ensure that investing physicians do not exploit their patients in any way, such as by inappropriate or unnecessary utilization; and
(10) When a physician's financial interest conflicts so greatly with the patient's interest as to be incompatible, the physician shall make alternative arrangements for the care of the patient.
Acts 1993, ch. 408, § 4.
Tenn. Code Ann. § 63-1-110 — TN Code / Title 63 / Chapter 1 / Section 63-1-110
Licensees in armed forces or public health service
Status: in_force

(a) Any person licensed to practice a healing art or any branch thereof in this state who is an officer in the commissioned medical corps of the army, the navy, the air force or the public health service of the United States shall not be required to register as provided in this chapter. (b) When such person resigns or is honorably discharged from one of the services mentioned in subsection (a) and engages in the practice of a healing art or any branch thereof in this state, such person shall register with the appropriate board licensing that profession. Acts 1947, ch. 9, § 7; C. Supp. 1950, § 690.7 (Williams, § 6917.24); modified; T.C.A. (orig. ed.), § 63-116; Acts 1984, ch. 937, § 69; T.C.A., § 63-1-117 .
(a) Any person licensed to practice a healing art or any branch thereof in this state who is an officer in the commissioned medical corps of the army, the navy, the air force or the public health service of the United States shall not be required to register as provided in this chapter.
(b) When such person resigns or is honorably discharged from one of the services mentioned in subsection (a) and engages in the practice of a healing art or any branch thereof in this state, such person shall register with the appropriate board licensing that profession.
Acts 1947, ch. 9, § 7; C. Supp. 1950, § 690.7 (Williams, § 6917.24); modified; T.C.A. (orig. ed.), § 63-116; Acts 1984, ch. 937, § 69; T.C.A., § 63-1-117 .
Tenn. Code Ann. § 63-28-117 — TN Code / Title 63 / Chapter 28 / Section 63-28-117
Revocation or suspension of licenses - Probation of licensees
Status: in_force

(a) The committee shall revoke or suspend a license, place on probation a person whose license has been suspended, or reprimand a license holder if there is proof of: (1) Any violation of this chapter; (2) Any violation of a rule or code of ethics adopted by the committee; or (3) Unprofessional conduct, which includes, but is not limited to: (A) Incompetence or gross negligence in carrying out usual perfusion functions; (B) A conviction of practicing perfusion without a license or a provisional license; (C) The use of advertising relating to perfusion in a way that violates state law; (D) Procuring a license or provisional license by fraud, misrepresentation or mistake; (E) Making or giving any false statement or information in connection with the application for a license or provisional license; (F) Conviction of a felony or of any offense substantially related to the qualifications, functions and duties of a perfusionist, in which event the record of the conviction shall be conclusive evidence of such offense; or (G) Impersonating an applicant or acting as proxy for an applicant in any examination required pursuant to this chapter for the issuance of a license. (b) An action taken under this section shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 1, part 1 of this title. Amended by 2018 Tenn. Acts, ch. 745, s 42, eff. 7/1/2018. Acts 1999, ch. 239, § 17.
(a) The committee shall revoke or suspend a license, place on probation a person whose license has been suspended, or reprimand a license holder if there is proof of: (1) Any violation of this chapter; (2) Any violation of a rule or code of ethics adopted by the committee; or (3) Unprofessional conduct, which includes, but is not limited to: (A) Incompetence or gross negligence in carrying out usual perfusion functions; (B) A conviction of practicing perfusion without a license or a provisional license; (C) The use of advertising relating to perfusion in a way that violates state law; (D) Procuring a license or provisional license by fraud, misrepresentation or mistake; (E) Making or giving any false statement or information in connection with the application for a license or provisional license; (F) Conviction of a felony or of any offense substantially related to the qualifications, functions and duties of a perfusionist, in which event the record of the conviction shall be conclusive evidence of such offense; or (G) Impersonating an applicant or acting as proxy for an applicant in any examination required pursuant to this chapter for the issuance of a license.
(1) Any violation of this chapter;
(2) Any violation of a rule or code of ethics adopted by the committee; or
(3) Unprofessional conduct, which includes, but is not limited to: (A) Incompetence or gross negligence in carrying out usual perfusion functions; (B) A conviction of practicing perfusion without a license or a provisional license; (C) The use of advertising relating to perfusion in a way that violates state law; (D) Procuring a license or provisional license by fraud, misrepresentation or mistake; (E) Making or giving any false statement or information in connection with the application for a license or provisional license; (F) Conviction of a felony or of any offense substantially related to the qualifications, functions and duties of a perfusionist, in which event the record of the conviction shall be conclusive evidence of such offense; or (G) Impersonating an applicant or acting as proxy for an applicant in any examination required pursuant to this chapter for the issuance of a license.
(A) Incompetence or gross negligence in carrying out usual perfusion functions;
(B) A conviction of practicing perfusion without a license or a provisional license;
(C) The use of advertising relating to perfusion in a way that violates state law;
(D) Procuring a license or provisional license by fraud, misrepresentation or mistake;
(E) Making or giving any false statement or information in connection with the application for a license or provisional license;
(F) Conviction of a felony or of any offense substantially related to the qualifications, functions and duties of a perfusionist, in which event the record of the conviction shall be conclusive evidence of such offense; or
(G) Impersonating an applicant or acting as proxy for an applicant in any examination required pursuant to this chapter for the issuance of a license.
(b) An action taken under this section shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 1, part 1 of this title.
Amended by 2018 Tenn. Acts, ch. 745, s 42, eff. 7/1/2018.
Acts 1999, ch. 239, § 17.
Tenn. Code Ann. § 63-14-108 — TN Code / Title 63 / Chapter 14 / Section 63-14-108
Disposition of fees - Board expenditures and compensation
Status: in_force

(a) All fees coming into the possession of the board shall be paid by the board to the state treasurer and become a part of the general fund. (b) The commissioner of finance and administration shall make allotments out of the general fund 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. (c) Each member of the board shall receive one hundred dollars ($100) per diem expenses when actually engaged in the discharge of each member's official duties and all legitimate and necessary expenses incurred in attending the meetings of the board. Each member shall be reimbursed for travel expenses in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. Acts 1955, ch. 98, § 6; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; 1976, ch. 806, § 1(118); 1981, ch. 122, § 2; T.C.A., § 63-1407; Acts 1998, ch. 1107, § 2.
(a) All fees coming into the possession of the board shall be paid by the board to the state treasurer and become a part of the general fund.
(b) The commissioner of finance and administration shall make allotments out of the general fund 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.
(c) Each member of the board shall receive one hundred dollars ($100) per diem expenses when actually engaged in the discharge of each member's official duties and all legitimate and necessary expenses incurred in attending the meetings of the board. Each member shall be reimbursed for travel expenses in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
Acts 1955, ch. 98, § 6; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; 1976, ch. 806, § 1(118); 1981, ch. 122, § 2; T.C.A., § 63-1407; Acts 1998, ch. 1107, § 2.
Tenn. Code Ann. § 63-17-223 — TN Code / Title 63 / Chapter 17 / Section 63-17-223
Cerumen management
Status: in_force

A licensed hearing instrument specialist shall comply with the following cerumen management principles: (1) The indications for cerumen management for a licensed hearing instrument specialist include: (A) Enabling audiometric testing; (B) Making ear impressions; (C) Fitting hearing protection or prosthetic devices; and (D) Monitoring continuous use of hearing aids; (2) The licensed hearing instrument specialist shall refer a patient who exhibits any of the following contraindications to cerumen removal for medical consultation or medical intervention to an otolaryngologist or a licensed physician: (A) An age less than twelve (12) years of age; (B) A perforated tympanic membrane; (C) History of pain, active drainage, or bleeding from the ear; (D) Evidence of congenital or traumatic deformity of the ear; (E) Ear surgery within the last six (6) months; (F) Tympanostomy tubes, such that irrigation should not be used; (G) A bleeding disorder; (H) Actual or suspected foreign body in the ear; (I) Stenosis or bony exostosis of the ear canal; (J) Cerumen impaction that totally occludes the ear canal; (K) Cerumen located medial to the cartilaginous external auditory canal; or (L) A tympanic membrane that the licensee is unable to see; (3) In performing cerumen removal, a licensed hearing instrument specialist shall only remove cerumen lateral to the external auditory canal using the following instruments: (A) Cerumen loop; (B) Cerumenolytic liquid; (C) Irrigation, for patients with intact tympanic membranes and a closed mastoid cavity, no tympanostomy tubes, no recent ear surgery, and no recent dizziness; or (D) Suction used lateral to the bony canal, only for patients with no recent surgery, intact tympanic membranes and no clear otorrhea; (4) If the patient, while undergoing cerumen management that did not present contraindications, complains of significant pain, exhibits uncontrolled bleeding or a laceration of the external auditory canal, or notices the acute onset of dizziness or vertigo or sudden hearing loss, then the licensed hearing instrument specialist shall immediately stop the procedure and refer the patient to an otolaryngologist or a licensed physician; (5) The licensed hearing instrument specialist shall maintain the following proper infection control practices: (A) Universal health precautions; (B) Decontamination; (C) Cleaning, disinfection, and sterilization of multiple use equipment; and (D) Universal precautions for prevention of the transmission of human immunodeficiency virus (HIV), hepatitis B virus, and other bloodborne pathogens, as defined by occupational safety and health standards promulgated pursuant to 29 CFR 1910 ; (6) The licensed hearing instrument specialist who performs cerumen management shall maintain a case history for every patient and informed consent signed by the patient as part of the patient's records; (7) The licensed hearing instrument specialist shall carry appropriate professional liability insurance before performing cerumen removal; and (8) The licensed hearing instrument specialist is prohibited from requiring patients to sign any form that eliminates liability if the patient is harmed. Added by 2022 Tenn. Acts, ch. 622, s 3, eff. 7/1/2022.
A licensed hearing instrument specialist shall comply with the following cerumen management principles:
(1) The indications for cerumen management for a licensed hearing instrument specialist include: (A) Enabling audiometric testing; (B) Making ear impressions; (C) Fitting hearing protection or prosthetic devices; and (D) Monitoring continuous use of hearing aids;
(A) Enabling audiometric testing;
(B) Making ear impressions;
(C) Fitting hearing protection or prosthetic devices; and
(D) Monitoring continuous use of hearing aids;
(2) The licensed hearing instrument specialist shall refer a patient who exhibits any of the following contraindications to cerumen removal for medical consultation or medical intervention to an otolaryngologist or a licensed physician: (A) An age less than twelve (12) years of age; (B) A perforated tympanic membrane; (C) History of pain, active drainage, or bleeding from the ear; (D) Evidence of congenital or traumatic deformity of the ear; (E) Ear surgery within the last six (6) months; (F) Tympanostomy tubes, such that irrigation should not be used; (G) A bleeding disorder; (H) Actual or suspected foreign body in the ear; (I) Stenosis or bony exostosis of the ear canal; (J) Cerumen impaction that totally occludes the ear canal; (K) Cerumen located medial to the cartilaginous external auditory canal; or (L) A tympanic membrane that the licensee is unable to see;
(A) An age less than twelve (12) years of age;
(B) A perforated tympanic membrane;
(C) History of pain, active drainage, or bleeding from the ear;
(D) Evidence of congenital or traumatic deformity of the ear;
(E) Ear surgery within the last six (6) months;
(F) Tympanostomy tubes, such that irrigation should not be used;
(G) A bleeding disorder;
(H) Actual or suspected foreign body in the ear;
(I) Stenosis or bony exostosis of the ear canal;
(J) Cerumen impaction that totally occludes the ear canal;
(K) Cerumen located medial to the cartilaginous external auditory canal; or
(L) A tympanic membrane that the licensee is unable to see;
(3) In performing cerumen removal, a licensed hearing instrument specialist shall only remove cerumen lateral to the external auditory canal using the following instruments: (A) Cerumen loop; (B) Cerumenolytic liquid; (C) Irrigation, for patients with intact tympanic membranes and a closed mastoid cavity, no tympanostomy tubes, no recent ear surgery, and no recent dizziness; or (D) Suction used lateral to the bony canal, only for patients with no recent surgery, intact tympanic membranes and no clear otorrhea;
(A) Cerumen loop;
(B) Cerumenolytic liquid;
(C) Irrigation, for patients with intact tympanic membranes and a closed mastoid cavity, no tympanostomy tubes, no recent ear surgery, and no recent dizziness; or
(D) Suction used lateral to the bony canal, only for patients with no recent surgery, intact tympanic membranes and no clear otorrhea;
(4) If the patient, while undergoing cerumen management that did not present contraindications, complains of significant pain, exhibits uncontrolled bleeding or a laceration of the external auditory canal, or notices the acute onset of dizziness or vertigo or sudden hearing loss, then the licensed hearing instrument specialist shall immediately stop the procedure and refer the patient to an otolaryngologist or a licensed physician;
(5) The licensed hearing instrument specialist shall maintain the following proper infection control practices: (A) Universal health precautions; (B) Decontamination; (C) Cleaning, disinfection, and sterilization of multiple use equipment; and (D) Universal precautions for prevention of the transmission of human immunodeficiency virus (HIV), hepatitis B virus, and other bloodborne pathogens, as defined by occupational safety and health standards promulgated pursuant to 29 CFR 1910 ;
(A) Universal health precautions;
(B) Decontamination;
(C) Cleaning, disinfection, and sterilization of multiple use equipment; and
(D) Universal precautions for prevention of the transmission of human immunodeficiency virus (HIV), hepatitis B virus, and other bloodborne pathogens, as defined by occupational safety and health standards promulgated pursuant to 29 CFR 1910 ;
(6) The licensed hearing instrument specialist who performs cerumen management shall maintain a case history for every patient and informed consent signed by the patient as part of the patient's records;
(7) The licensed hearing instrument specialist shall carry appropriate professional liability insurance before performing cerumen removal; and
(8) The licensed hearing instrument specialist is prohibited from requiring patients to sign any form that eliminates liability if the patient is harmed.
Added by 2022 Tenn. Acts, ch. 622, s 3, eff. 7/1/2022.
Tenn. Code Ann. § 63-16-115 — TN Code / Title 63 / Chapter 16 / Section 63-16-115
Cost of prosecution - Witnesses - Subpoenas
Status: in_force

(a) 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. (b) (1) 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. (2) 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. (3) (A) 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. (B) 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. (4) 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. Any failure to obey the court order may be punished by the court issuing the order as a civil contempt. (5) 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 1999, ch. 438, § 3.
(a) 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.
(b) (1) 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. (2) 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. (3) (A) 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. (B) 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. (4) 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. Any failure to obey the court order may be punished by the court issuing the order as a civil contempt. (5) 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) 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.
(2) 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.
(3) (A) 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. (B) 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.
(A) 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.
(B) 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.
(4) 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. Any failure to obey the court order may be punished by the court issuing the order as a civil contempt.
(5) 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 1999, ch. 438, § 3.
Tenn. Code Ann. § 63-23-108 — TN Code / Title 63 / Chapter 23 / Section 63-23-108
Denial, suspension or revocation of licenses
Status: in_force

(a) The board has the power, which is its duty, to deny, suspend or revoke any license, or to otherwise discipline, an applicant or holder of a license who is found guilty by the board of one (1) or more of the following: (1) Willful or repeated violation of any provisions of this chapter or any rules of the board; (2) Fraud or deceit in procuring or attempting to procure a license, presenting to the board dishonest or fraudulent evidence of qualification, or fraud or deception in the process of examination for the purpose of securing a license; (3) Willful failure to display a license; (4) Fraud, deception, misrepresentation, dishonest or illegal practices in or connected with the practice of social work; (5) Circulating knowingly untrue, fraudulent, misleading or deceptive advertising; (6) Gross health care liability, or a pattern of continued or repeated health care liability, ignorance, negligence or incompetence in the course of practice; (7) Unprofessional or unethical conduct, or engaging in practices in connection with the practice of social work that are in violation of the standards of professional conduct, as defined in this section or prescribed by the rules of the board; (8) Incapacity or impairment that prevents a licensee from engaging in the practice of social work with reasonable skill, competence, and safety to the public; (9) Conduct reflecting unfavorably upon the profession of social work; (10) Willful making of any false statement as to material in any oath or affidavit that is required by this chapter; (11) Revocation by another state of a license or certificate to practice in that state in which case the record of the revocation shall be conclusive evidence; (12) Conviction of a felony under federal or state law involving use, misuse, possession or sale of any controlled substance or controlled substance analogue; (13) Conviction of a felony in the courts of this state or any other state, territory or country that, if committed in this state, would be a felony: (A) The record of conviction in a court of competent jurisdiction is sufficient evidence for disciplinary action to be taken as may be considered proper by the board. For the purpose of this chapter, a conviction is considered to be a conviction that has been upheld by the highest appellate court having jurisdiction, or a conviction upon which the time for filing an appeal has passed; and (B) A record of conviction upon charges that involve unlawful practice. Based upon the record of conviction, without any other testimony, the board may take temporary disciplinary action even though an appeal for review by a higher court may be pending; (14) Permitting or allowing another to use the license for the purpose of treating or offering to treat patients; (15) Engaging in practice under a false or assumed name, or the impersonation of another practitioner of a like, similar or different name; (16) Employing or permitting any person who does not hold a license to practice social work in this state to perform work that, under this chapter, can lawfully be done only by persons holding the license and permitted by law to practice social work in this state; or (17) Addiction to the habitual use of intoxicating liquors, narcotics or other stimulants to such an extent as to incapacitate the applicant or holder from the performance of the applicant's or holder's professional obligations and duties. (b) The board may on its own motion cause to be investigated any report indicating that a license holder is or may be in violation of this chapter. Any person who in good faith reports to the board any information that a license holder is or may be in violation of this chapter is not subject to suit for civil damages as a result of the good faith report. (c) All administrative proceedings for disciplinary action against a licensee undertaken pursuant to this chapter shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (d) An action taken under this section shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 1, part 1 of this title. Amended by 2018 Tenn. Acts, ch. 745, s 37, eff. 7/1/2018. Acts 1984, ch. 1003, § 1; T.C.A. § 63-23-106 ; Acts 2008 , ch. 1016, §1; 2012 , ch. 798, §47; 2012 , ch. 848, § 80.
(a) The board has the power, which is its duty, to deny, suspend or revoke any license, or to otherwise discipline, an applicant or holder of a license who is found guilty by the board of one (1) or more of the following: (1) Willful or repeated violation of any provisions of this chapter or any rules of the board; (2) Fraud or deceit in procuring or attempting to procure a license, presenting to the board dishonest or fraudulent evidence of qualification, or fraud or deception in the process of examination for the purpose of securing a license; (3) Willful failure to display a license; (4) Fraud, deception, misrepresentation, dishonest or illegal practices in or connected with the practice of social work; (5) Circulating knowingly untrue, fraudulent, misleading or deceptive advertising; (6) Gross health care liability, or a pattern of continued or repeated health care liability, ignorance, negligence or incompetence in the course of practice; (7) Unprofessional or unethical conduct, or engaging in practices in connection with the practice of social work that are in violation of the standards of professional conduct, as defined in this section or prescribed by the rules of the board; (8) Incapacity or impairment that prevents a licensee from engaging in the practice of social work with reasonable skill, competence, and safety to the public; (9) Conduct reflecting unfavorably upon the profession of social work; (10) Willful making of any false statement as to material in any oath or affidavit that is required by this chapter; (11) Revocation by another state of a license or certificate to practice in that state in which case the record of the revocation shall be conclusive evidence; (12) Conviction of a felony under federal or state law involving use, misuse, possession or sale of any controlled substance or controlled substance analogue; (13) Conviction of a felony in the courts of this state or any other state, territory or country that, if committed in this state, would be a felony: (A) The record of conviction in a court of competent jurisdiction is sufficient evidence for disciplinary action to be taken as may be considered proper by the board. For the purpose of this chapter, a conviction is considered to be a conviction that has been upheld by the highest appellate court having jurisdiction, or a conviction upon which the time for filing an appeal has passed; and (B) A record of conviction upon charges that involve unlawful practice. Based upon the record of conviction, without any other testimony, the board may take temporary disciplinary action even though an appeal for review by a higher court may be pending; (14) Permitting or allowing another to use the license for the purpose of treating or offering to treat patients; (15) Engaging in practice under a false or assumed name, or the impersonation of another practitioner of a like, similar or different name; (16) Employing or permitting any person who does not hold a license to practice social work in this state to perform work that, under this chapter, can lawfully be done only by persons holding the license and permitted by law to practice social work in this state; or (17) Addiction to the habitual use of intoxicating liquors, narcotics or other stimulants to such an extent as to incapacitate the applicant or holder from the performance of the applicant's or holder's professional obligations and duties.
(1) Willful or repeated violation of any provisions of this chapter or any rules of the board;
(2) Fraud or deceit in procuring or attempting to procure a license, presenting to the board dishonest or fraudulent evidence of qualification, or fraud or deception in the process of examination for the purpose of securing a license;
(3) Willful failure to display a license;
(4) Fraud, deception, misrepresentation, dishonest or illegal practices in or connected with the practice of social work;
(5) Circulating knowingly untrue, fraudulent, misleading or deceptive advertising;
(6) Gross health care liability, or a pattern of continued or repeated health care liability, ignorance, negligence or incompetence in the course of practice;
(7) Unprofessional or unethical conduct, or engaging in practices in connection with the practice of social work that are in violation of the standards of professional conduct, as defined in this section or prescribed by the rules of the board;
(8) Incapacity or impairment that prevents a licensee from engaging in the practice of social work with reasonable skill, competence, and safety to the public;
(9) Conduct reflecting unfavorably upon the profession of social work;
(10) Willful making of any false statement as to material in any oath or affidavit that is required by this chapter;
(11) Revocation by another state of a license or certificate to practice in that state in which case the record of the revocation shall be conclusive evidence;
(12) Conviction of a felony under federal or state law involving use, misuse, possession or sale of any controlled substance or controlled substance analogue;
(13) Conviction of a felony in the courts of this state or any other state, territory or country that, if committed in this state, would be a felony: (A) The record of conviction in a court of competent jurisdiction is sufficient evidence for disciplinary action to be taken as may be considered proper by the board. For the purpose of this chapter, a conviction is considered to be a conviction that has been upheld by the highest appellate court having jurisdiction, or a conviction upon which the time for filing an appeal has passed; and (B) A record of conviction upon charges that involve unlawful practice. Based upon the record of conviction, without any other testimony, the board may take temporary disciplinary action even though an appeal for review by a higher court may be pending;
(A) The record of conviction in a court of competent jurisdiction is sufficient evidence for disciplinary action to be taken as may be considered proper by the board. For the purpose of this chapter, a conviction is considered to be a conviction that has been upheld by the highest appellate court having jurisdiction, or a conviction upon which the time for filing an appeal has passed; and
(B) A record of conviction upon charges that involve unlawful practice. Based upon the record of conviction, without any other testimony, the board may take temporary disciplinary action even though an appeal for review by a higher court may be pending;
(14) Permitting or allowing another to use the license for the purpose of treating or offering to treat patients;
(15) Engaging in practice under a false or assumed name, or the impersonation of another practitioner of a like, similar or different name;
(16) Employing or permitting any person who does not hold a license to practice social work in this state to perform work that, under this chapter, can lawfully be done only by persons holding the license and permitted by law to practice social work in this state; or
(17) Addiction to the habitual use of intoxicating liquors, narcotics or other stimulants to such an extent as to incapacitate the applicant or holder from the performance of the applicant's or holder's professional obligations and duties.
(b) The board may on its own motion cause to be investigated any report indicating that a license holder is or may be in violation of this chapter. Any person who in good faith reports to the board any information that a license holder is or may be in violation of this chapter is not subject to suit for civil damages as a result of the good faith report.
(c) All administrative proceedings for disciplinary action against a licensee undertaken pursuant to this chapter shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(d) An action taken under this section shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 1, part 1 of this title.
Amended by 2018 Tenn. Acts, ch. 745, s 37, eff. 7/1/2018.
Acts 1984, ch. 1003, § 1; T.C.A. § 63-23-106 ; Acts 2008 , ch. 1016, §1; 2012 , ch. 798, §47; 2012 , ch. 848, § 80.
Tenn. Code Ann. § 63-6-608 — TN Code / Title 63 / Chapter 6 / Section 63-6-608
Investment interests in publicly traded entities
Status: in_force

The definition of "investment interest" does not include a publicly traded entity in which such physician has an investment interest if all of the following requirements are met: (1) The entity's stock is listed for trading on the New York Stock Exchange or the American Stock Exchange or is a national market system security traded under an automated interdealer quotation system operated by the National Association of Securities Dealers; (2) The entity had, at the end of the corporation's most recent fiscal year, total assets of at least fifty million dollars ($50,000,000), determined in accordance with generally accepted accounting principles, related to the furnishing of health services; (3) The entity markets and furnishes its services to physician-investors and other physicians on the same and equal terms; (4) All stock of the entity, including the stock of any predecessor privately held company, is one (1) class without preferential treatment as to status or remuneration; (5) The entity does not issue loans or guarantee any loans for physicians who are in a position to refer patients to such entity if the physician uses any portion of the loan to obtain the investment interest; (6) The income on the physician's investment is not tied to referral volumes and is directly proportional to the physician's equity interest in the entity; (7) The physician's investment interest does not exceed one-half of one percent (0.5%) of the entity's total equity; and (8) The physician purchases the investment interest either: (A) On terms generally available to the public; or (B) In exchange for an investment interest acquired by the physician before July 1, 1993; provided, the terms of the exchange are consistent with fair market value in an arms-length transaction and are not related to the volume or value of any referrals from the physician to the corporation and the investment interest is not held after December 31, 1997. Acts 1993, ch. 408, § 9.
The definition of "investment interest" does not include a publicly traded entity in which such physician has an investment interest if all of the following requirements are met:
(1) The entity's stock is listed for trading on the New York Stock Exchange or the American Stock Exchange or is a national market system security traded under an automated interdealer quotation system operated by the National Association of Securities Dealers;
(2) The entity had, at the end of the corporation's most recent fiscal year, total assets of at least fifty million dollars ($50,000,000), determined in accordance with generally accepted accounting principles, related to the furnishing of health services;
(3) The entity markets and furnishes its services to physician-investors and other physicians on the same and equal terms;
(4) All stock of the entity, including the stock of any predecessor privately held company, is one (1) class without preferential treatment as to status or remuneration;
(5) The entity does not issue loans or guarantee any loans for physicians who are in a position to refer patients to such entity if the physician uses any portion of the loan to obtain the investment interest;
(6) The income on the physician's investment is not tied to referral volumes and is directly proportional to the physician's equity interest in the entity;
(7) The physician's investment interest does not exceed one-half of one percent (0.5%) of the entity's total equity; and
(8) The physician purchases the investment interest either: (A) On terms generally available to the public; or (B) In exchange for an investment interest acquired by the physician before July 1, 1993; provided, the terms of the exchange are consistent with fair market value in an arms-length transaction and are not related to the volume or value of any referrals from the physician to the corporation and the investment interest is not held after December 31, 1997.
(A) On terms generally available to the public; or
(B) In exchange for an investment interest acquired by the physician before July 1, 1993; provided, the terms of the exchange are consistent with fair market value in an arms-length transaction and are not related to the volume or value of any referrals from the physician to the corporation and the investment interest is not held after December 31, 1997.
Acts 1993, ch. 408, § 9.
Tenn. Code Ann. § 63-11-612 — TN Code / Title 63 / Chapter 11 / Section 63-11-612
Grounds for denial, restriction, or suspension of certificate
Status: in_force

(a) The advisory committee may deny a person's application for a certificate, restrict, suspend, or revoke an existing certificate, or take other action that the advisory committee deems proper. (b) The grounds upon which the advisory committee may exercise the powers enumerated in subsection (a) include, but are not limited to: (1) Obtaining or attempting to obtain a certificate by making a false or misleading statement, failing to make a required statement, or engaging in fraud or deceit in any communication to the advisory committee; (2) Violation or attempted violation, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, a criminal statute of this state, a provision of this part, a rule promulgated by the advisory committee, or a lawful order of the advisory committee issued pursuant to rules; (3) Gross or repeated negligence, incompetence, misconduct, or malpractice in professional work, including, but not limited to: (A) A physical or mental condition that currently impairs a certified professional music therapist's competent professional performance or that poses a substantial risk to the recipient of music therapy services; (B) Professional conduct that constitutes an extreme and unjustified deviation from the customary standard of practice accepted in the professional practice of music therapy; (C) Abandonment of a service recipient resulting in the termination of imminently needed care without adequate notice or provision for transition; (D) Professional recordkeeping or data collection that constitutes an extreme and unjustified deviation from the customary standard of practice for the field, or deceptively altering a service recipient's records or data; and (E) Unauthorized disclosure of confidential client information, including, but not limited to, client records, music work, and artistic expressions; and (4) Any other action deemed to be grounds for disciplinary action under rules promulgated by the advisory committee. (c) All proceedings for disciplinary action against a certified professional music therapist under this part must be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Added by 2024 Tenn. Acts, ch. 1010,s 2, eff. 1/1/2025.
(a) The advisory committee may deny a person's application for a certificate, restrict, suspend, or revoke an existing certificate, or take other action that the advisory committee deems proper.
(b) The grounds upon which the advisory committee may exercise the powers enumerated in subsection (a) include, but are not limited to: (1) Obtaining or attempting to obtain a certificate by making a false or misleading statement, failing to make a required statement, or engaging in fraud or deceit in any communication to the advisory committee; (2) Violation or attempted violation, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, a criminal statute of this state, a provision of this part, a rule promulgated by the advisory committee, or a lawful order of the advisory committee issued pursuant to rules; (3) Gross or repeated negligence, incompetence, misconduct, or malpractice in professional work, including, but not limited to: (A) A physical or mental condition that currently impairs a certified professional music therapist's competent professional performance or that poses a substantial risk to the recipient of music therapy services; (B) Professional conduct that constitutes an extreme and unjustified deviation from the customary standard of practice accepted in the professional practice of music therapy; (C) Abandonment of a service recipient resulting in the termination of imminently needed care without adequate notice or provision for transition; (D) Professional recordkeeping or data collection that constitutes an extreme and unjustified deviation from the customary standard of practice for the field, or deceptively altering a service recipient's records or data; and (E) Unauthorized disclosure of confidential client information, including, but not limited to, client records, music work, and artistic expressions; and (4) Any other action deemed to be grounds for disciplinary action under rules promulgated by the advisory committee.
(1) Obtaining or attempting to obtain a certificate by making a false or misleading statement, failing to make a required statement, or engaging in fraud or deceit in any communication to the advisory committee;
(2) Violation or attempted violation, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, a criminal statute of this state, a provision of this part, a rule promulgated by the advisory committee, or a lawful order of the advisory committee issued pursuant to rules;
(3) Gross or repeated negligence, incompetence, misconduct, or malpractice in professional work, including, but not limited to: (A) A physical or mental condition that currently impairs a certified professional music therapist's competent professional performance or that poses a substantial risk to the recipient of music therapy services; (B) Professional conduct that constitutes an extreme and unjustified deviation from the customary standard of practice accepted in the professional practice of music therapy; (C) Abandonment of a service recipient resulting in the termination of imminently needed care without adequate notice or provision for transition; (D) Professional recordkeeping or data collection that constitutes an extreme and unjustified deviation from the customary standard of practice for the field, or deceptively altering a service recipient's records or data; and (E) Unauthorized disclosure of confidential client information, including, but not limited to, client records, music work, and artistic expressions; and
(A) A physical or mental condition that currently impairs a certified professional music therapist's competent professional performance or that poses a substantial risk to the recipient of music therapy services;
(B) Professional conduct that constitutes an extreme and unjustified deviation from the customary standard of practice accepted in the professional practice of music therapy;
(C) Abandonment of a service recipient resulting in the termination of imminently needed care without adequate notice or provision for transition;
(D) Professional recordkeeping or data collection that constitutes an extreme and unjustified deviation from the customary standard of practice for the field, or deceptively altering a service recipient's records or data; and
(E) Unauthorized disclosure of confidential client information, including, but not limited to, client records, music work, and artistic expressions; and
(4) Any other action deemed to be grounds for disciplinary action under rules promulgated by the advisory committee.
(c) All proceedings for disciplinary action against a certified professional music therapist under this part must be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Added by 2024 Tenn. Acts, ch. 1010,s 2, eff. 1/1/2025.
Tenn. Code Ann. § 63-6-231 — TN Code / Title 63 / Chapter 6 / Section 63-6-231
Transfer of patient medical information outside the state
Status: in_force

(a) The transfer of patient medical information to a person in another state who is not licensed to practice medicine or osteopathy in the state of Tennessee, using any electronic, telephonic or fiber optic means or by any other method, constitutes the practice of medicine or osteopathy if such information is employed to diagnose and/or treat, any person physically located within the state of Tennessee. (b) Notwithstanding subsection (a) to the contrary, the transfer of such information shall not constitute the practice of medicine if: (1) Such information is to be used by a medical doctor or doctor of osteopathy licensed in Tennessee; (2) Such information is to be used for a second opinion requested by a Tennessee licensed medical doctor or doctor of osteopathy; provided, no charges are assessed for such second opinion; (3) Such information is to be used by an out-of-state physician for treatment of a person who is seeking medical treatment out of Tennessee; (4) Such information is used to determine if such patient is covered by insurance; (5) Such information is to be used by physicians in another state to provide occasional academic consultations to a medical school located in Tennessee; or (6) Such information is used by insurance or related companies for risk evaluation, utilization review, claims processing and/or evaluation of claimant's rehabilitation, including establishing and administering rehabilitation plans. The establishing and administering of such rehabilitation plans shall not include the diagnosis and/or treatment of any person physically located within the state of Tennessee as prohibited by subsection (a). (c) This section shall not apply to research hospitals, as defined in § 63-6-204(f)(7) . Acts 1998, ch. 1017, §§ 1, 2.
(a) The transfer of patient medical information to a person in another state who is not licensed to practice medicine or osteopathy in the state of Tennessee, using any electronic, telephonic or fiber optic means or by any other method, constitutes the practice of medicine or osteopathy if such information is employed to diagnose and/or treat, any person physically located within the state of Tennessee.
(b) Notwithstanding subsection (a) to the contrary, the transfer of such information shall not constitute the practice of medicine if: (1) Such information is to be used by a medical doctor or doctor of osteopathy licensed in Tennessee; (2) Such information is to be used for a second opinion requested by a Tennessee licensed medical doctor or doctor of osteopathy; provided, no charges are assessed for such second opinion; (3) Such information is to be used by an out-of-state physician for treatment of a person who is seeking medical treatment out of Tennessee; (4) Such information is used to determine if such patient is covered by insurance; (5) Such information is to be used by physicians in another state to provide occasional academic consultations to a medical school located in Tennessee; or (6) Such information is used by insurance or related companies for risk evaluation, utilization review, claims processing and/or evaluation of claimant's rehabilitation, including establishing and administering rehabilitation plans. The establishing and administering of such rehabilitation plans shall not include the diagnosis and/or treatment of any person physically located within the state of Tennessee as prohibited by subsection (a).
(1) Such information is to be used by a medical doctor or doctor of osteopathy licensed in Tennessee;
(2) Such information is to be used for a second opinion requested by a Tennessee licensed medical doctor or doctor of osteopathy; provided, no charges are assessed for such second opinion;
(3) Such information is to be used by an out-of-state physician for treatment of a person who is seeking medical treatment out of Tennessee;
(4) Such information is used to determine if such patient is covered by insurance;
(5) Such information is to be used by physicians in another state to provide occasional academic consultations to a medical school located in Tennessee; or
(6) Such information is used by insurance or related companies for risk evaluation, utilization review, claims processing and/or evaluation of claimant's rehabilitation, including establishing and administering rehabilitation plans. The establishing and administering of such rehabilitation plans shall not include the diagnosis and/or treatment of any person physically located within the state of Tennessee as prohibited by subsection (a).
(c) This section shall not apply to research hospitals, as defined in § 63-6-204(f)(7) .
Acts 1998, ch. 1017, §§ 1, 2.
Tenn. Code Ann. § 63-17-113 — TN Code / Title 63 / Chapter 17 / Section 63-17-113
Reciprocity
Status: in_force

(a) The board shall waive the examination and grant a license to an applicant who presents proof of current licensure in a state that has standards equivalent to those of this state. (b) (1) When the board receives a completed application for licensure from an applicant who is licensed in another state or territory of the United States or in the District of Columbia, then the board shall, within sixty (60) days from the date the board receives the completed application: (A) Render a decision on the application; or (B) Inform the applicant of the need to appear before the board. (2) As used in this subsection (b), "completed application" means an application that satisfies all statutory and board rule requirements. Amended by 2023 Tenn. Acts, ch. 426, s 14, eff. 5/11/2023. Acts 1973, ch. 93, § 13; T.C.A., § 63-1713.
(a) The board shall waive the examination and grant a license to an applicant who presents proof of current licensure in a state that has standards equivalent to those of this state.
(b) (1) When the board receives a completed application for licensure from an applicant who is licensed in another state or territory of the United States or in the District of Columbia, then the board shall, within sixty (60) days from the date the board receives the completed application: (A) Render a decision on the application; or (B) Inform the applicant of the need to appear before the board. (2) As used in this subsection (b), "completed application" means an application that satisfies all statutory and board rule requirements.
(1) When the board receives a completed application for licensure from an applicant who is licensed in another state or territory of the United States or in the District of Columbia, then the board shall, within sixty (60) days from the date the board receives the completed application: (A) Render a decision on the application; or (B) Inform the applicant of the need to appear before the board.
(A) Render a decision on the application; or
(B) Inform the applicant of the need to appear before the board.
(2) As used in this subsection (b), "completed application" means an application that satisfies all statutory and board rule requirements.
Amended by 2023 Tenn. Acts, ch. 426, s 14, eff. 5/11/2023.
Acts 1973, ch. 93, § 13; T.C.A., § 63-1713.
Tenn. Code Ann. § 63-6-102 — TN Code / Title 63 / Chapter 6 / Section 63-6-102
Appointment - Terms - Vacancies - Removal
Status: in_force

(a) (1) (A) The members of the board shall be appointed by the governor for terms of five (5) years' duration, which terms shall commence on May 1 and expire on April 30, five (5) years thereafter. All board members subsequently added to the board after May 2, 1993, shall be appointed so as to serve staggered terms of from one (1) to four (4) years, with one (1) member appointed to a one-year term, the second member appointed to a two-year term, the third member appointed to a three-year term, and the fourth member appointed to serve a four-year term. (B) The members appointed by the governor in 1988 shall be appointed as follows: (i) One (1) member shall be appointed to a one-year term expiring on April 30, 1989; (ii) One (1) member shall be appointed to a two-year term expiring on April 30, 1990; (iii) One (1) member shall be appointed to a three-year term expiring on April 30, 1991; (iv) One (1) member shall be appointed to a four-year term expiring on April 30, 1992; and (v) One (1) member shall be appointed to a five-year term expiring on April 30, 1993. (2) Members of the board shall, upon expiration of their terms of office, be eligible for reappointment to successive terms. (3) In making appointments to the board, the governor shall give due regard to the geographic distribution of the membership of the board to assure, to the extent feasible, that all grand divisions of the state are adequately represented on the board. (4) Board members may be selected from lists of qualified persons submitted to the governor by interested medical groups including, but not limited to, the Tennessee Medical Association. The governor shall consult with such groups to determine qualified persons to fill the positions on the board. (b) All vacancies occurring on the board by reason of death or resignation shall be filled by the board itself for the unexpired term. (c) In making appointments to the board, the governor shall, to the extent feasible, strive to ensure the full twelve-member board is composed of at least one (1) person who is sixty (60) years of age or older, one (1) person who is female and one (1) person who is an African-American. (d) When a board member is absent without excuse from the board business portion of three (3) meetings within any twelve-month period of time, that member shall, after formal action by the board, be removed from office by the governor. A new member shall be appointed by the governor to serve out the remaining term of the member being replaced. An absence shall be deemed excused if it is caused by a health problem or condition verified in writing by a physician or by an accident or similar unforeseen tragedy or event immediately prior to or during the board meeting. Acts 1901, ch. 78, § 3; Shan., § 3609a15; Code 1932, § 6920; T.C.A. (orig. ed.), § 63-602; Acts 1988, ch. 790, § 1; 1988, ch. 1013, § 43; 1993, ch. 404, §§ 2, 3; 2006, ch. 531, § 1; 2012 , ch. 650, § 3.
(a) (1) (A) The members of the board shall be appointed by the governor for terms of five (5) years' duration, which terms shall commence on May 1 and expire on April 30, five (5) years thereafter. All board members subsequently added to the board after May 2, 1993, shall be appointed so as to serve staggered terms of from one (1) to four (4) years, with one (1) member appointed to a one-year term, the second member appointed to a two-year term, the third member appointed to a three-year term, and the fourth member appointed to serve a four-year term. (B) The members appointed by the governor in 1988 shall be appointed as follows: (i) One (1) member shall be appointed to a one-year term expiring on April 30, 1989; (ii) One (1) member shall be appointed to a two-year term expiring on April 30, 1990; (iii) One (1) member shall be appointed to a three-year term expiring on April 30, 1991; (iv) One (1) member shall be appointed to a four-year term expiring on April 30, 1992; and (v) One (1) member shall be appointed to a five-year term expiring on April 30, 1993. (2) Members of the board shall, upon expiration of their terms of office, be eligible for reappointment to successive terms. (3) In making appointments to the board, the governor shall give due regard to the geographic distribution of the membership of the board to assure, to the extent feasible, that all grand divisions of the state are adequately represented on the board. (4) Board members may be selected from lists of qualified persons submitted to the governor by interested medical groups including, but not limited to, the Tennessee Medical Association. The governor shall consult with such groups to determine qualified persons to fill the positions on the board.
(1) (A) The members of the board shall be appointed by the governor for terms of five (5) years' duration, which terms shall commence on May 1 and expire on April 30, five (5) years thereafter. All board members subsequently added to the board after May 2, 1993, shall be appointed so as to serve staggered terms of from one (1) to four (4) years, with one (1) member appointed to a one-year term, the second member appointed to a two-year term, the third member appointed to a three-year term, and the fourth member appointed to serve a four-year term. (B) The members appointed by the governor in 1988 shall be appointed as follows: (i) One (1) member shall be appointed to a one-year term expiring on April 30, 1989; (ii) One (1) member shall be appointed to a two-year term expiring on April 30, 1990; (iii) One (1) member shall be appointed to a three-year term expiring on April 30, 1991; (iv) One (1) member shall be appointed to a four-year term expiring on April 30, 1992; and (v) One (1) member shall be appointed to a five-year term expiring on April 30, 1993.
(A) The members of the board shall be appointed by the governor for terms of five (5) years' duration, which terms shall commence on May 1 and expire on April 30, five (5) years thereafter. All board members subsequently added to the board after May 2, 1993, shall be appointed so as to serve staggered terms of from one (1) to four (4) years, with one (1) member appointed to a one-year term, the second member appointed to a two-year term, the third member appointed to a three-year term, and the fourth member appointed to serve a four-year term.
(B) The members appointed by the governor in 1988 shall be appointed as follows: (i) One (1) member shall be appointed to a one-year term expiring on April 30, 1989; (ii) One (1) member shall be appointed to a two-year term expiring on April 30, 1990; (iii) One (1) member shall be appointed to a three-year term expiring on April 30, 1991; (iv) One (1) member shall be appointed to a four-year term expiring on April 30, 1992; and (v) One (1) member shall be appointed to a five-year term expiring on April 30, 1993.
(i) One (1) member shall be appointed to a one-year term expiring on April 30, 1989;
(ii) One (1) member shall be appointed to a two-year term expiring on April 30, 1990;
(iii) One (1) member shall be appointed to a three-year term expiring on April 30, 1991;
(iv) One (1) member shall be appointed to a four-year term expiring on April 30, 1992; and
(v) One (1) member shall be appointed to a five-year term expiring on April 30, 1993.
(2) Members of the board shall, upon expiration of their terms of office, be eligible for reappointment to successive terms.
(3) In making appointments to the board, the governor shall give due regard to the geographic distribution of the membership of the board to assure, to the extent feasible, that all grand divisions of the state are adequately represented on the board.
(4) Board members may be selected from lists of qualified persons submitted to the governor by interested medical groups including, but not limited to, the Tennessee Medical Association. The governor shall consult with such groups to determine qualified persons to fill the positions on the board.
(b) All vacancies occurring on the board by reason of death or resignation shall be filled by the board itself for the unexpired term.
(c) In making appointments to the board, the governor shall, to the extent feasible, strive to ensure the full twelve-member board is composed of at least one (1) person who is sixty (60) years of age or older, one (1) person who is female and one (1) person who is an African-American.
(d) When a board member is absent without excuse from the board business portion of three (3) meetings within any twelve-month period of time, that member shall, after formal action by the board, be removed from office by the governor. A new member shall be appointed by the governor to serve out the remaining term of the member being replaced. An absence shall be deemed excused if it is caused by a health problem or condition verified in writing by a physician or by an accident or similar unforeseen tragedy or event immediately prior to or during the board meeting.
Acts 1901, ch. 78, § 3; Shan., § 3609a15; Code 1932, § 6920; T.C.A. (orig. ed.), § 63-602; Acts 1988, ch. 790, § 1; 1988, ch. 1013, § 43; 1993, ch. 404, §§ 2, 3; 2006, ch. 531, § 1; 2012 , ch. 650, § 3.
Tenn. Code Ann. § 63-29-104 — TN Code / Title 63 / Chapter 29 / Section 63-29-104
Members - Terms of office
Status: in_force

The terms of office of the members of the council shall be staggered four-year terms. In making the initial appointments, the commissioner shall appoint four (4) members to four-year terms, three (3) members to three-year terms and two (2) members to two-year terms. All subsequent terms shall be for a period of four (4) years. No member shall be appointed for more than two (2) consecutive terms. Acts 2000, ch. 576, § 5.
The terms of office of the members of the council shall be staggered four-year terms. In making the initial appointments, the commissioner shall appoint four (4) members to four-year terms, three (3) members to three-year terms and two (2) members to two-year terms. All subsequent terms shall be for a period of four (4) years. No member shall be appointed for more than two (2) consecutive terms.
Acts 2000, ch. 576, § 5.
Tenn. Code Ann. § 63-31-101 — TN Code / Title 63 / Chapter 31 / Section 63-31-101
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Board" means the board of medical examiners; (2) "Committee" means the polysomnography professional standards committee established by § 63-31-103 ; (3) "Direct supervision" means that the polysomnographic technologist providing supervision must be present in the area where the polysomnographic procedure is being performed and immediately available to furnish assistance and direction throughout the performance of the procedure; (4) "General supervision" means that the polysomnographic procedure is provided under a physician's overall direction and control, but the physician's presence is not required during the performance of the procedure; (5) "Polysomnographic student" means a person who is enrolled in an educational program that is accredited by the Commission on Accreditation of Allied Health Education Programs (CAAHEP), as provided in § 63-31-106(b)(1) , and who may provide sleep-related services under the direct supervision of a polysomnographic technologist as a part of the person's educational program; (6) "Polysomnographic technician" means a person who has graduated from an accredited educational program described in § 63-31-106(b)(1) but has not yet passed the national certifying examination given by the board of registered polysomnographic technologists, who has obtained a temporary permit from the board, and who may provide sleep-related services under the general supervision of a licensed physician; (7) "Polysomnographic technologist" means a person who is credentialed by the board of registered polysomnographic technologists and is licensed by the board to engage in the practice of polysomnography under the general supervision of a licensed physician; (8) "Polysomnographic trainee" means a person who is enrolled in an accredited sleep technologist education program (A-STEP) that is accredited by the American Academy of Sleep Medicine and who may provide sleep-related services under the direct supervision of a polysomnographic technologist as a part of the person's educational program; (9) (A) "Practice of polysomnography" means the staging and scoring of sleep by continuous and simultaneous monitoring of the stages of sleep and wake through use of an electroencephalogram (EEG), an electroculogram (EOG) and a submental electromyogram (EMG), in conjunction with the recording and monitoring of other physiological variables, and the assignment of values for duration, frequency and type of event to each stage of sleep in which the event occurred. The following tasks are considered a part of the practice of polysomnography only when performed as part of the staging and scoring of sleep under the general supervision of a licensed physician: (i) Monitoring and recording physiologic data during the evaluation of sleep-related disorders, including sleep-related respiratory disturbances, by applying the following techniques, equipment, and procedures: (a) Continuous or bilevel positive airway pressure titration on spontaneously breathing patients using a mask or oral appliance; provided, that the mask or oral appliance does not extend into the trachea or attach to an artificial airway; (b) Supplemental low flow oxygen therapy of less than six (6) liters per minute, utilizing nasal cannula or continuous or bilevel positive airway pressure during a polysomnogram; (c) Capnography during a polysomnogram; (d) Cardiopulmonary resuscitation; (e) Pulse oximetry; (f) Gastroesophageal pH monitoring; (g) Esophageal pressure monitoring; (h) Sleep staging, including surface electroencephalography, surface electrooculography, and surface submental electromyography; (i) Surface electromyography; (j) Electrocardiography; (k) Respiratory effort monitoring, including thoracic and abdominal movement; (l) Plethysmography blood flow monitoring; (m) Snore monitoring; (n) Audio or video monitoring; (o) Body movement monitoring; (p) Nocturnal penile tumescence monitoring; (q) Nasal and oral airflow monitoring; (r) Body temperature monitoring; and (s) Monitoring the effects that a mask or oral appliance used to treat sleep disorders has on sleep patterns; provided, however, that the mask or oral appliance shall not extend into the trachea or attach to an artificial airway; (ii) Observing and monitoring physical signs and symptoms, general behavior, and general physical response to polysomnographic evaluation and determining whether initiation, modification, or discontinuation of a treatment regimen is warranted; (iii) Analyzing and scoring data collected during the monitoring described in subdivisions (9)(A)(i) and (ii) for the purpose of assisting a licensed physician in the diagnosis and treatment of sleep and wake disorders that result from developmental defects, the aging process, physical injury, disease, or actual or anticipated somatic dysfunction; (iv) Implementation of a written or verbal order from a licensed physician that requires the practice of polysomnography; and (v) Education of a patient regarding the treatment regimen that assists the patient in improving the patient's sleep; (B) A licensed dentist shall make or direct the making and use of any oral appliance used to treat sleep disordered breathing and shall evaluate the structures of the patient's oral and maxillofacial region for purposes of fitting the appliance; (C) The practice of polysomnography shall take place only in a hospital, a stand-alone sleep laboratory or sleep center, or in the patient's home in accordance with a physician's order; provided, however, that the scoring of data and the education of patients may take place in settings other than in a sleep laboratory, sleep center or the patient's home; and (10) "Sleep-related services" means acts performed by polysomnographic technicians, polysomnographic trainees, polysomnographic students, and other persons permitted to perform those services under this chapter, in a setting described in subdivision (9)(C) that would be considered the practice of polysomnography if performed by a polysomnographic technologist. Acts 2007 , ch. 469, §1; 2009 , ch. 421, § 1.
As used in this chapter, unless the context otherwise requires:
(1) "Board" means the board of medical examiners;
(2) "Committee" means the polysomnography professional standards committee established by § 63-31-103 ;
(3) "Direct supervision" means that the polysomnographic technologist providing supervision must be present in the area where the polysomnographic procedure is being performed and immediately available to furnish assistance and direction throughout the performance of the procedure;
(4) "General supervision" means that the polysomnographic procedure is provided under a physician's overall direction and control, but the physician's presence is not required during the performance of the procedure;
(5) "Polysomnographic student" means a person who is enrolled in an educational program that is accredited by the Commission on Accreditation of Allied Health Education Programs (CAAHEP), as provided in § 63-31-106(b)(1) , and who may provide sleep-related services under the direct supervision of a polysomnographic technologist as a part of the person's educational program;
(6) "Polysomnographic technician" means a person who has graduated from an accredited educational program described in § 63-31-106(b)(1) but has not yet passed the national certifying examination given by the board of registered polysomnographic technologists, who has obtained a temporary permit from the board, and who may provide sleep-related services under the general supervision of a licensed physician;
(7) "Polysomnographic technologist" means a person who is credentialed by the board of registered polysomnographic technologists and is licensed by the board to engage in the practice of polysomnography under the general supervision of a licensed physician;
(8) "Polysomnographic trainee" means a person who is enrolled in an accredited sleep technologist education program (A-STEP) that is accredited by the American Academy of Sleep Medicine and who may provide sleep-related services under the direct supervision of a polysomnographic technologist as a part of the person's educational program;
(9) (A) "Practice of polysomnography" means the staging and scoring of sleep by continuous and simultaneous monitoring of the stages of sleep and wake through use of an electroencephalogram (EEG), an electroculogram (EOG) and a submental electromyogram (EMG), in conjunction with the recording and monitoring of other physiological variables, and the assignment of values for duration, frequency and type of event to each stage of sleep in which the event occurred. The following tasks are considered a part of the practice of polysomnography only when performed as part of the staging and scoring of sleep under the general supervision of a licensed physician: (i) Monitoring and recording physiologic data during the evaluation of sleep-related disorders, including sleep-related respiratory disturbances, by applying the following techniques, equipment, and procedures: (a) Continuous or bilevel positive airway pressure titration on spontaneously breathing patients using a mask or oral appliance; provided, that the mask or oral appliance does not extend into the trachea or attach to an artificial airway; (b) Supplemental low flow oxygen therapy of less than six (6) liters per minute, utilizing nasal cannula or continuous or bilevel positive airway pressure during a polysomnogram; (c) Capnography during a polysomnogram; (d) Cardiopulmonary resuscitation; (e) Pulse oximetry; (f) Gastroesophageal pH monitoring; (g) Esophageal pressure monitoring; (h) Sleep staging, including surface electroencephalography, surface electrooculography, and surface submental electromyography; (i) Surface electromyography; (j) Electrocardiography; (k) Respiratory effort monitoring, including thoracic and abdominal movement; (l) Plethysmography blood flow monitoring; (m) Snore monitoring; (n) Audio or video monitoring; (o) Body movement monitoring; (p) Nocturnal penile tumescence monitoring; (q) Nasal and oral airflow monitoring; (r) Body temperature monitoring; and (s) Monitoring the effects that a mask or oral appliance used to treat sleep disorders has on sleep patterns; provided, however, that the mask or oral appliance shall not extend into the trachea or attach to an artificial airway; (ii) Observing and monitoring physical signs and symptoms, general behavior, and general physical response to polysomnographic evaluation and determining whether initiation, modification, or discontinuation of a treatment regimen is warranted; (iii) Analyzing and scoring data collected during the monitoring described in subdivisions (9)(A)(i) and (ii) for the purpose of assisting a licensed physician in the diagnosis and treatment of sleep and wake disorders that result from developmental defects, the aging process, physical injury, disease, or actual or anticipated somatic dysfunction; (iv) Implementation of a written or verbal order from a licensed physician that requires the practice of polysomnography; and (v) Education of a patient regarding the treatment regimen that assists the patient in improving the patient's sleep; (B) A licensed dentist shall make or direct the making and use of any oral appliance used to treat sleep disordered breathing and shall evaluate the structures of the patient's oral and maxillofacial region for purposes of fitting the appliance; (C) The practice of polysomnography shall take place only in a hospital, a stand-alone sleep laboratory or sleep center, or in the patient's home in accordance with a physician's order; provided, however, that the scoring of data and the education of patients may take place in settings other than in a sleep laboratory, sleep center or the patient's home; and
(A) "Practice of polysomnography" means the staging and scoring of sleep by continuous and simultaneous monitoring of the stages of sleep and wake through use of an electroencephalogram (EEG), an electroculogram (EOG) and a submental electromyogram (EMG), in conjunction with the recording and monitoring of other physiological variables, and the assignment of values for duration, frequency and type of event to each stage of sleep in which the event occurred. The following tasks are considered a part of the practice of polysomnography only when performed as part of the staging and scoring of sleep under the general supervision of a licensed physician: (i) Monitoring and recording physiologic data during the evaluation of sleep-related disorders, including sleep-related respiratory disturbances, by applying the following techniques, equipment, and procedures: (a) Continuous or bilevel positive airway pressure titration on spontaneously breathing patients using a mask or oral appliance; provided, that the mask or oral appliance does not extend into the trachea or attach to an artificial airway; (b) Supplemental low flow oxygen therapy of less than six (6) liters per minute, utilizing nasal cannula or continuous or bilevel positive airway pressure during a polysomnogram; (c) Capnography during a polysomnogram; (d) Cardiopulmonary resuscitation; (e) Pulse oximetry; (f) Gastroesophageal pH monitoring; (g) Esophageal pressure monitoring; (h) Sleep staging, including surface electroencephalography, surface electrooculography, and surface submental electromyography; (i) Surface electromyography; (j) Electrocardiography; (k) Respiratory effort monitoring, including thoracic and abdominal movement; (l) Plethysmography blood flow monitoring; (m) Snore monitoring; (n) Audio or video monitoring; (o) Body movement monitoring; (p) Nocturnal penile tumescence monitoring; (q) Nasal and oral airflow monitoring; (r) Body temperature monitoring; and (s) Monitoring the effects that a mask or oral appliance used to treat sleep disorders has on sleep patterns; provided, however, that the mask or oral appliance shall not extend into the trachea or attach to an artificial airway; (ii) Observing and monitoring physical signs and symptoms, general behavior, and general physical response to polysomnographic evaluation and determining whether initiation, modification, or discontinuation of a treatment regimen is warranted; (iii) Analyzing and scoring data collected during the monitoring described in subdivisions (9)(A)(i) and (ii) for the purpose of assisting a licensed physician in the diagnosis and treatment of sleep and wake disorders that result from developmental defects, the aging process, physical injury, disease, or actual or anticipated somatic dysfunction; (iv) Implementation of a written or verbal order from a licensed physician that requires the practice of polysomnography; and (v) Education of a patient regarding the treatment regimen that assists the patient in improving the patient's sleep;
(i) Monitoring and recording physiologic data during the evaluation of sleep-related disorders, including sleep-related respiratory disturbances, by applying the following techniques, equipment, and procedures: (a) Continuous or bilevel positive airway pressure titration on spontaneously breathing patients using a mask or oral appliance; provided, that the mask or oral appliance does not extend into the trachea or attach to an artificial airway; (b) Supplemental low flow oxygen therapy of less than six (6) liters per minute, utilizing nasal cannula or continuous or bilevel positive airway pressure during a polysomnogram; (c) Capnography during a polysomnogram; (d) Cardiopulmonary resuscitation; (e) Pulse oximetry; (f) Gastroesophageal pH monitoring; (g) Esophageal pressure monitoring; (h) Sleep staging, including surface electroencephalography, surface electrooculography, and surface submental electromyography; (i) Surface electromyography; (j) Electrocardiography; (k) Respiratory effort monitoring, including thoracic and abdominal movement; (l) Plethysmography blood flow monitoring; (m) Snore monitoring; (n) Audio or video monitoring; (o) Body movement monitoring; (p) Nocturnal penile tumescence monitoring; (q) Nasal and oral airflow monitoring; (r) Body temperature monitoring; and (s) Monitoring the effects that a mask or oral appliance used to treat sleep disorders has on sleep patterns; provided, however, that the mask or oral appliance shall not extend into the trachea or attach to an artificial airway;
(a) Continuous or bilevel positive airway pressure titration on spontaneously breathing patients using a mask or oral appliance; provided, that the mask or oral appliance does not extend into the trachea or attach to an artificial airway;
(b) Supplemental low flow oxygen therapy of less than six (6) liters per minute, utilizing nasal cannula or continuous or bilevel positive airway pressure during a polysomnogram;
(c) Capnography during a polysomnogram;
(d) Cardiopulmonary resuscitation;
(e) Pulse oximetry;
(f) Gastroesophageal pH monitoring;
(g) Esophageal pressure monitoring;
(h) Sleep staging, including surface electroencephalography, surface electrooculography, and surface submental electromyography;
(i) Surface electromyography;
(j) Electrocardiography;
(k) Respiratory effort monitoring, including thoracic and abdominal movement;
(l) Plethysmography blood flow monitoring;
(m) Snore monitoring;
(n) Audio or video monitoring;
(o) Body movement monitoring;
(p) Nocturnal penile tumescence monitoring;
(q) Nasal and oral airflow monitoring;
(r) Body temperature monitoring; and
(s) Monitoring the effects that a mask or oral appliance used to treat sleep disorders has on sleep patterns; provided, however, that the mask or oral appliance shall not extend into the trachea or attach to an artificial airway;
(ii) Observing and monitoring physical signs and symptoms, general behavior, and general physical response to polysomnographic evaluation and determining whether initiation, modification, or discontinuation of a treatment regimen is warranted;
(iii) Analyzing and scoring data collected during the monitoring described in subdivisions (9)(A)(i) and (ii) for the purpose of assisting a licensed physician in the diagnosis and treatment of sleep and wake disorders that result from developmental defects, the aging process, physical injury, disease, or actual or anticipated somatic dysfunction;
(iv) Implementation of a written or verbal order from a licensed physician that requires the practice of polysomnography; and
(v) Education of a patient regarding the treatment regimen that assists the patient in improving the patient's sleep;
(B) A licensed dentist shall make or direct the making and use of any oral appliance used to treat sleep disordered breathing and shall evaluate the structures of the patient's oral and maxillofacial region for purposes of fitting the appliance;
(C) The practice of polysomnography shall take place only in a hospital, a stand-alone sleep laboratory or sleep center, or in the patient's home in accordance with a physician's order; provided, however, that the scoring of data and the education of patients may take place in settings other than in a sleep laboratory, sleep center or the patient's home; and
(10) "Sleep-related services" means acts performed by polysomnographic technicians, polysomnographic trainees, polysomnographic students, and other persons permitted to perform those services under this chapter, in a setting described in subdivision (9)(C) that would be considered the practice of polysomnography if performed by a polysomnographic technologist.
Acts 2007 , ch. 469, §1; 2009 , ch. 421, § 1.
Tenn. Code Ann. § 63-16-105 — TN Code / Title 63 / Chapter 16 / Section 63-16-105
Examination for license
Status: in_force

(a) The board shall determine the subjects of examination for applicants for licensure as nursing home administrators. The board shall also determine the scope, content and format of such an examination, which in any examination shall be the same for all candidates; however, all examinations must include testing of the applicant's proficiency in the rules and regulations of health and safety. (b) Any applicant having failed to achieve a passing grade, score or level of proficiency as determined by the board on such examination is not prohibited from taking successive examinations; provided, that such applicant pays the examination fee set by the board pursuant to § 63-16-104 for each successive examination. Acts 1970, ch. 565, § 5; 1976, ch. 444, § 2; 1981, ch. 464, § 2; T.C.A., §63-1605; Acts 1987, ch. 247, § 3.
(a) The board shall determine the subjects of examination for applicants for licensure as nursing home administrators. The board shall also determine the scope, content and format of such an examination, which in any examination shall be the same for all candidates; however, all examinations must include testing of the applicant's proficiency in the rules and regulations of health and safety.
(b) Any applicant having failed to achieve a passing grade, score or level of proficiency as determined by the board on such examination is not prohibited from taking successive examinations; provided, that such applicant pays the examination fee set by the board pursuant to § 63-16-104 for each successive examination.
Acts 1970, ch. 565, § 5; 1976, ch. 444, § 2; 1981, ch. 464, § 2; T.C.A., §63-1605; Acts 1987, ch. 247, § 3.
Tenn. Code Ann. § 63-14-101 — TN Code / Title 63 / Chapter 14 / Section 63-14-101
Board - Creation - Composition - Appointments - Organization - Duties
Status: in_force

(a) There is hereby created a board to be known as "board of dispensing opticians," referred to as "board" in this chapter, constituted as set out and with the duties and powers provided in this chapter. (b) (1) The board shall consist of five (5) members. No member shall be eligible to serve more than three (3) consecutive terms. All appointments shall be made for a term of four (4) years, and members of the board shall serve until their successors are appointed and qualified. (2) The governor shall make appointments to the board not later than thirty (30) days after the expiration of the term of office of any member. Members of the board may be appointed by the governor from lists of qualified persons submitted by interested optician groups including, but not limited to, the Tennessee Dispensing Opticians Association, and the governor shall consult with the interested optician groups to determine qualified persons to fill the positions. No person shall be eligible for appointment to the board unless the person shall have been a resident of this state and engaged in the practice as a dispensing optician within this state for not less than five (5) years immediately preceding the time of such appointment by the governor; however, no person shall be eligible to appointment who is in any way connected with or interested in any school of optometry, optometric school or the optical or optometric department of any institution of learning or the wholesale optical or optometric supply business. In the event of a vacancy on the board, the governor shall appoint a new member to serve the unexpired term; provided, that such appointment, if not effective within sixty (60) days of the vacancy, shall be filled by the board. (3) 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 and that at least one (1) person serving on the board is a member of a racial minority. (c) The board shall convene and organize by selecting from among its members a chair and a secretary-treasurer and shall adopt rules and regulations governing the examination of applicants, the enforcement of this chapter and shall establish a code of ethics and standards of practice for dispensing opticians in this state and such other rules and regulations as may be necessary for the proper carrying out of this chapter. The chair and secretary-treasurer thus elected shall serve for a period of two (2) years or until their successors are appointed and qualified. (d) (1) The board shall provide for meetings at least once each year for the purpose of receiving applications and giving examinations as provided in this chapter and may meet at such other times and places as the board shall designate from time to time by rules and regulations regularly adopted. (2) The board may administer oaths, summon witnesses and take testimony in all matters relating to its duties. (3) A majority of the board shall constitute a quorum for the transaction of any and all business that may be lawfully transacted by the board. (e) The board shall determine the nature and character of the examination to be given applicants for license to practice as dispensing opticians and is empowered to issue licenses with respect to all persons who shall satisfactorily pass the examination as determined in accordance with the rules and regulations of the board. Each license shall be signed by the chair of the board and attested by the secretary-treasurer under its adopted seal. Each license issued by the board to any such applicant shall be signed by the members of the board, and such license exclusively shall be evidence of the right and authority of the person to whom it is issued to practice as dispensing optician within this state. (f) The board shall not discriminate in the issuance of any license pursuant to this chapter. "Discrimination" means any direct or indirect act or practice of exclusion, distinction, restriction, segregation, limitation, refusal, denial or any other act or practice of differentiation or preference in the treatment of a person or persons because of race, creed, color, religion, sex, age or national origin. Amended by 2015 Tenn. Acts, ch. 96, s 3, eff. 4/10/2015. Acts 1955, ch. 98, § 1; impl. am. Acts 1955, ch. 160, § 1; Acts 1979, ch. 66, §1; T.C.A., § 63-1401; Acts 1984, ch. 937, § 50; 1988, ch. 1013, § 52; 1989, ch. 351, § 1; 1998, ch. 1107, § 1; 2001, ch. 234, § 3.
(a) There is hereby created a board to be known as "board of dispensing opticians," referred to as "board" in this chapter, constituted as set out and with the duties and powers provided in this chapter.
(b) (1) The board shall consist of five (5) members. No member shall be eligible to serve more than three (3) consecutive terms. All appointments shall be made for a term of four (4) years, and members of the board shall serve until their successors are appointed and qualified. (2) The governor shall make appointments to the board not later than thirty (30) days after the expiration of the term of office of any member. Members of the board may be appointed by the governor from lists of qualified persons submitted by interested optician groups including, but not limited to, the Tennessee Dispensing Opticians Association, and the governor shall consult with the interested optician groups to determine qualified persons to fill the positions. No person shall be eligible for appointment to the board unless the person shall have been a resident of this state and engaged in the practice as a dispensing optician within this state for not less than five (5) years immediately preceding the time of such appointment by the governor; however, no person shall be eligible to appointment who is in any way connected with or interested in any school of optometry, optometric school or the optical or optometric department of any institution of learning or the wholesale optical or optometric supply business. In the event of a vacancy on the board, the governor shall appoint a new member to serve the unexpired term; provided, that such appointment, if not effective within sixty (60) days of the vacancy, shall be filled by the board. (3) 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 and that at least one (1) person serving on the board is a member of a racial minority.
(1) The board shall consist of five (5) members. No member shall be eligible to serve more than three (3) consecutive terms. All appointments shall be made for a term of four (4) years, and members of the board shall serve until their successors are appointed and qualified.
(2) The governor shall make appointments to the board not later than thirty (30) days after the expiration of the term of office of any member. Members of the board may be appointed by the governor from lists of qualified persons submitted by interested optician groups including, but not limited to, the Tennessee Dispensing Opticians Association, and the governor shall consult with the interested optician groups to determine qualified persons to fill the positions. No person shall be eligible for appointment to the board unless the person shall have been a resident of this state and engaged in the practice as a dispensing optician within this state for not less than five (5) years immediately preceding the time of such appointment by the governor; however, no person shall be eligible to appointment who is in any way connected with or interested in any school of optometry, optometric school or the optical or optometric department of any institution of learning or the wholesale optical or optometric supply business. In the event of a vacancy on the board, the governor shall appoint a new member to serve the unexpired term; provided, that such appointment, if not effective within sixty (60) days of the vacancy, shall be filled by the board.
(3) 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 and that at least one (1) person serving on the board is a member of a racial minority.
(c) The board shall convene and organize by selecting from among its members a chair and a secretary-treasurer and shall adopt rules and regulations governing the examination of applicants, the enforcement of this chapter and shall establish a code of ethics and standards of practice for dispensing opticians in this state and such other rules and regulations as may be necessary for the proper carrying out of this chapter. The chair and secretary-treasurer thus elected shall serve for a period of two (2) years or until their successors are appointed and qualified.
(d) (1) The board shall provide for meetings at least once each year for the purpose of receiving applications and giving examinations as provided in this chapter and may meet at such other times and places as the board shall designate from time to time by rules and regulations regularly adopted. (2) The board may administer oaths, summon witnesses and take testimony in all matters relating to its duties. (3) A majority of the board shall constitute a quorum for the transaction of any and all business that may be lawfully transacted by the board.
(1) The board shall provide for meetings at least once each year for the purpose of receiving applications and giving examinations as provided in this chapter and may meet at such other times and places as the board shall designate from time to time by rules and regulations regularly adopted.
(2) The board may administer oaths, summon witnesses and take testimony in all matters relating to its duties.
(3) A majority of the board shall constitute a quorum for the transaction of any and all business that may be lawfully transacted by the board.
(e) The board shall determine the nature and character of the examination to be given applicants for license to practice as dispensing opticians and is empowered to issue licenses with respect to all persons who shall satisfactorily pass the examination as determined in accordance with the rules and regulations of the board. Each license shall be signed by the chair of the board and attested by the secretary-treasurer under its adopted seal. Each license issued by the board to any such applicant shall be signed by the members of the board, and such license exclusively shall be evidence of the right and authority of the person to whom it is issued to practice as dispensing optician within this state.
(f) The board shall not discriminate in the issuance of any license pursuant to this chapter. "Discrimination" means any direct or indirect act or practice of exclusion, distinction, restriction, segregation, limitation, refusal, denial or any other act or practice of differentiation or preference in the treatment of a person or persons because of race, creed, color, religion, sex, age or national origin.
Amended by 2015 Tenn. Acts, ch. 96, s 3, eff. 4/10/2015.
Acts 1955, ch. 98, § 1; impl. am. Acts 1955, ch. 160, § 1; Acts 1979, ch. 66, §1; T.C.A., § 63-1401; Acts 1984, ch. 937, § 50; 1988, ch. 1013, § 52; 1989, ch. 351, § 1; 1998, ch. 1107, § 1; 2001, ch. 234, § 3.
Tenn. Code Ann. § 63-10-310 — TN Code / Title 63 / Chapter 10 / Section 63-10-310
[Effective Until 7/1/2025] License requirements
Status: in_force

(a) Except as otherwise provided in parts 2-7 of this chapter, it is unlawful for a person to engage in the practice of pharmacy unless the person is licensed or otherwise authorized to practice under parts 2-7 of this chapter. (b) The board may establish the experience and educational qualifications necessary for admission to the board's licensure or certification examinations. (c) The board may use any national certification, licensure examination, or contract with a qualified examination agency to prepare and administer its licensure examination. The board shall promulgate rules to establish the minimum score necessary to pass a licensure or certification examination required by the board. (d) To apply for a pharmacist license, a person must: (1) Be at least twenty-one (21) years of age; (2) Be a graduate of a school or college of pharmacy recognized by the board; and (3) Submit an application for licensure on forms approved by the board in writing or by online application and pursuant to rules promulgated by the board. (e) The board may grant licenses to reciprocal applicants from other states upon making a determination that the qualifications of pharmacists licensed in other states are equivalent to or greater than requirements for licensure in this state. The board may refuse to issue licenses to reciprocal applicants from other states on grounds as determined by the board's rule. (f) The board may license and register pharmacists, pharmacies, wholesalers, distributors, pharmacy technicians, pharmacy interns, manufacturers, third-party logistics providers, and other persons as may be required under federal or state law. This subsection (f) does not include manufacturers' representatives unless otherwise required by federal or state law. (g) (1) The board may promulgate rules to: (A) Establish the criteria, timing and procedure for the renewal of licenses; (B) Establish the requirements for continuing education for persons the board licenses or to whom the board issues certificates. This authority includes, but is not limited to, the establishment of the number of continuing education hours required, approval of providers and course content, enforcement of continuing education requirements, and qualification for waiver of the requirements or extension of time in which to obtain the continuing education; and (C) Designate which national or other qualified pharmacy technician certification agencies are recognized in this state for maintaining certification as a pharmacy technician. (2) The board shall promulgate rules to define the scope of practice of pharmacy technicians and the qualifications necessary to practice as a pharmacy technician. (h) (1) The board has the authority to register any mechanical or electronic systems that operate solely on the premises of a hematology or oncology clinic in this state and that perform the storage, control, and dispensing of commercially-available drug products pursuant to a valid patient-specific prescription, as part of the operations of a licensed pharmacy. The pharmacy responsible for the operations of the mechanical or electronic system shall maintain the collection, control, and maintenance of all transaction information and the security, control, and accountability for such commercially-available drug products. (2) Controlled substances, as defined in § 39-17-402, and compounded drug products must not be stocked or placed inside such mechanical or electronic system. (3) The mechanical or electronic system shall not engage in the administration of any drug product. (4) Only a physician licensed under chapter 6 or 9 of this title, a nurse licensed under chapter 7 of this title, and a pharmacist or pharmacy technician licensed under this chapter, may have access to the mechanical or electronic system as an agent of the patient. (5) The mechanical or electronic system must be stocked only by a pharmacist or a pharmacy intern or pharmacy technician acting under the supervision of a pharmacist. (6) The mechanical or electronic system must be nonmobile in nature and must be placed in a secure location behind a locked door at the hematology or oncology clinic. (7) Each patient who receives a commercially-available drug product pursuant to a valid patient-specific prescription from the mechanical or electronic system must receive counseling in accordance with the rules of the board of pharmacy. (8) The board shall establish fees necessary to carry out this section pursuant to § 63-10-312. Amended by 2024 Tenn. Acts, ch. 935,s 1, eff. 5/6/2024. Amended by 2023 Tenn. Acts, ch. 457, s 1, eff. 7/1/2023. Acts 1996, ch. 651, § 18; T.C.A. § 63-10-510; Acts 2007 , ch. 407, § 21. This section is set out more than once due to postponed, multiple, or conflicting amendments.
(a) Except as otherwise provided in parts 2-7 of this chapter, it is unlawful for a person to engage in the practice of pharmacy unless the person is licensed or otherwise authorized to practice under parts 2-7 of this chapter.
(b) The board may establish the experience and educational qualifications necessary for admission to the board's licensure or certification examinations.
(c) The board may use any national certification, licensure examination, or contract with a qualified examination agency to prepare and administer its licensure examination. The board shall promulgate rules to establish the minimum score necessary to pass a licensure or certification examination required by the board.
(d) To apply for a pharmacist license, a person must: (1) Be at least twenty-one (21) years of age; (2) Be a graduate of a school or college of pharmacy recognized by the board; and (3) Submit an application for licensure on forms approved by the board in writing or by online application and pursuant to rules promulgated by the board.
(1) Be at least twenty-one (21) years of age;
(2) Be a graduate of a school or college of pharmacy recognized by the board; and
(3) Submit an application for licensure on forms approved by the board in writing or by online application and pursuant to rules promulgated by the board.
(e) The board may grant licenses to reciprocal applicants from other states upon making a determination that the qualifications of pharmacists licensed in other states are equivalent to or greater than requirements for licensure in this state. The board may refuse to issue licenses to reciprocal applicants from other states on grounds as determined by the board's rule.
(f) The board may license and register pharmacists, pharmacies, wholesalers, distributors, pharmacy technicians, pharmacy interns, manufacturers, third-party logistics providers, and other persons as may be required under federal or state law. This subsection (f) does not include manufacturers' representatives unless otherwise required by federal or state law.
(g) (1) The board may promulgate rules to: (A) Establish the criteria, timing and procedure for the renewal of licenses; (B) Establish the requirements for continuing education for persons the board licenses or to whom the board issues certificates. This authority includes, but is not limited to, the establishment of the number of continuing education hours required, approval of providers and course content, enforcement of continuing education requirements, and qualification for waiver of the requirements or extension of time in which to obtain the continuing education; and (C) Designate which national or other qualified pharmacy technician certification agencies are recognized in this state for maintaining certification as a pharmacy technician. (2) The board shall promulgate rules to define the scope of practice of pharmacy technicians and the qualifications necessary to practice as a pharmacy technician.
(1) The board may promulgate rules to: (A) Establish the criteria, timing and procedure for the renewal of licenses; (B) Establish the requirements for continuing education for persons the board licenses or to whom the board issues certificates. This authority includes, but is not limited to, the establishment of the number of continuing education hours required, approval of providers and course content, enforcement of continuing education requirements, and qualification for waiver of the requirements or extension of time in which to obtain the continuing education; and (C) Designate which national or other qualified pharmacy technician certification agencies are recognized in this state for maintaining certification as a pharmacy technician.
(A) Establish the criteria, timing and procedure for the renewal of licenses;
(B) Establish the requirements for continuing education for persons the board licenses or to whom the board issues certificates. This authority includes, but is not limited to, the establishment of the number of continuing education hours required, approval of providers and course content, enforcement of continuing education requirements, and qualification for waiver of the requirements or extension of time in which to obtain the continuing education; and
(C) Designate which national or other qualified pharmacy technician certification agencies are recognized in this state for maintaining certification as a pharmacy technician.
(2) The board shall promulgate rules to define the scope of practice of pharmacy technicians and the qualifications necessary to practice as a pharmacy technician.
(h) (1) The board has the authority to register any mechanical or electronic systems that operate solely on the premises of a hematology or oncology clinic in this state and that perform the storage, control, and dispensing of commercially-available drug products pursuant to a valid patient-specific prescription, as part of the operations of a licensed pharmacy. The pharmacy responsible for the operations of the mechanical or electronic system shall maintain the collection, control, and maintenance of all transaction information and the security, control, and accountability for such commercially-available drug products. (2) Controlled substances, as defined in § 39-17-402, and compounded drug products must not be stocked or placed inside such mechanical or electronic system. (3) The mechanical or electronic system shall not engage in the administration of any drug product. (4) Only a physician licensed under chapter 6 or 9 of this title, a nurse licensed under chapter 7 of this title, and a pharmacist or pharmacy technician licensed under this chapter, may have access to the mechanical or electronic system as an agent of the patient. (5) The mechanical or electronic system must be stocked only by a pharmacist or a pharmacy intern or pharmacy technician acting under the supervision of a pharmacist. (6) The mechanical or electronic system must be nonmobile in nature and must be placed in a secure location behind a locked door at the hematology or oncology clinic. (7) Each patient who receives a commercially-available drug product pursuant to a valid patient-specific prescription from the mechanical or electronic system must receive counseling in accordance with the rules of the board of pharmacy. (8) The board shall establish fees necessary to carry out this section pursuant to § 63-10-312.
(1) The board has the authority to register any mechanical or electronic systems that operate solely on the premises of a hematology or oncology clinic in this state and that perform the storage, control, and dispensing of commercially-available drug products pursuant to a valid patient-specific prescription, as part of the operations of a licensed pharmacy. The pharmacy responsible for the operations of the mechanical or electronic system shall maintain the collection, control, and maintenance of all transaction information and the security, control, and accountability for such commercially-available drug products.
(2) Controlled substances, as defined in § 39-17-402, and compounded drug products must not be stocked or placed inside such mechanical or electronic system.
(3) The mechanical or electronic system shall not engage in the administration of any drug product.
(4) Only a physician licensed under chapter 6 or 9 of this title, a nurse licensed under chapter 7 of this title, and a pharmacist or pharmacy technician licensed under this chapter, may have access to the mechanical or electronic system as an agent of the patient.
(5) The mechanical or electronic system must be stocked only by a pharmacist or a pharmacy intern or pharmacy technician acting under the supervision of a pharmacist.
(6) The mechanical or electronic system must be nonmobile in nature and must be placed in a secure location behind a locked door at the hematology or oncology clinic.
(7) Each patient who receives a commercially-available drug product pursuant to a valid patient-specific prescription from the mechanical or electronic system must receive counseling in accordance with the rules of the board of pharmacy.
(8) The board shall establish fees necessary to carry out this section pursuant to § 63-10-312.
Amended by 2024 Tenn. Acts, ch. 935,s 1, eff. 5/6/2024.
Amended by 2023 Tenn. Acts, ch. 457, s 1, eff. 7/1/2023.
Acts 1996, ch. 651, § 18; T.C.A. § 63-10-510; Acts 2007 , ch. 407, § 21.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
Tenn. Code Ann. § 63-6-1103 — TN Code / Title 63 / Chapter 6 / Section 63-6-1103
In-person requirement
Status: in_force

(a) An abortion-inducing drug may be provided only by a qualified physician following the procedures set forth in this part. (b) A manufacturer, supplier, pharmacy, physician, qualified physician, or other person shall not provide an abortion-inducing drug to a patient via courier, delivery, or mail service. Added by 2022 Tenn. Acts, ch. 1001, s 3, eff. 1/1/2023.
(a) An abortion-inducing drug may be provided only by a qualified physician following the procedures set forth in this part.
(b) A manufacturer, supplier, pharmacy, physician, qualified physician, or other person shall not provide an abortion-inducing drug to a patient via courier, delivery, or mail service.
Added by 2022 Tenn. Acts, ch. 1001, s 3, eff. 1/1/2023.
Tenn. Code Ann. § 63-4-103 — TN Code / Title 63 / Chapter 4 / Section 63-4-103
Powers and duties of board
Status: in_force

It is the duty of the board to: (1) Examine applicants and have licenses issued to practice chiropractic to all applicants who have successfully passed the examination approved by the board or whose applications for license by reciprocity have been acted upon favorably by the board; (2) Conduct hearings to revoke or suspend any license or certificate under the authority of this or any previous laws authorizing the holder thereof to practice chiropractic for violations by the licensee of any of the provisions of this chapter; and (3) Sponsor, conduct or approve such educational programs as are necessary to carry out and make effective this chapter. (4) [Deleted by 2024 amendment.] Amended by 2024 Tenn. Acts, ch. 944,s 4, eff. 7/1/2024. Amended by 2017 Tenn. Acts, ch. 455, s 4, eff. 7/1/2017. Acts 1923, ch. 9, § 1; Shan. Supp., § 3654a116; mod. Code 1932, § 7009; impl. am. Acts 1947, ch. 9, §§ 2-4, 9; C. Supp. 1950, § 7009; Acts 1953, ch. 113, § 31; 1976, ch. 781, § 3; T.C.A. (orig. ed.), § 63-404; Acts 1984, ch. 937, § 16; 1998, ch. 973, § 1.
It is the duty of the board to:
(1) Examine applicants and have licenses issued to practice chiropractic to all applicants who have successfully passed the examination approved by the board or whose applications for license by reciprocity have been acted upon favorably by the board;
(2) Conduct hearings to revoke or suspend any license or certificate under the authority of this or any previous laws authorizing the holder thereof to practice chiropractic for violations by the licensee of any of the provisions of this chapter; and
(3) Sponsor, conduct or approve such educational programs as are necessary to carry out and make effective this chapter.
(4) [Deleted by 2024 amendment.]
Amended by 2024 Tenn. Acts, ch. 944,s 4, eff. 7/1/2024.
Amended by 2017 Tenn. Acts, ch. 455, s 4, eff. 7/1/2017.
Acts 1923, ch. 9, § 1; Shan. Supp., § 3654a116; mod. Code 1932, § 7009; impl. am. Acts 1947, ch. 9, §§ 2-4, 9; C. Supp. 1950, § 7009; Acts 1953, ch. 113, § 31; 1976, ch. 781, § 3; T.C.A. (orig. ed.), § 63-404; Acts 1984, ch. 937, § 16; 1998, ch. 973, § 1.
Tenn. Code Ann. § 63-6-220 — TN Code / Title 63 / Chapter 6 / Section 63-6-220
Treatment of juvenile drug abusers without parental consent
Status: in_force

(a) Physicians may treat juvenile drug abusers without prior parental consent. (b) A physician may use the physician's own discretion in determining whether to notify the juvenile's parents of such treatment. Acts 1972, ch. 597, § 13; T.C.A., § 63-624.
(a) Physicians may treat juvenile drug abusers without prior parental consent.
(b) A physician may use the physician's own discretion in determining whether to notify the juvenile's parents of such treatment.
Acts 1972, ch. 597, § 13; T.C.A., § 63-624.
Tenn. Code Ann. § 63-7-104 — TN Code / Title 63 / Chapter 7 / Section 63-7-104
Registered nurse qualifications
Status: in_force

An applicant for a license to practice professional nursing shall submit to the board evidence in such form as the board may prescribe that such applicant: (1) Is in good physical and mental health; (2) Holds a diploma from a four-year accredited high school, or the equivalent thereof, as determined by the board; and (3) Has successfully completed a course of study in an approved school of nursing, as defined by the board, and the applicant holds a diploma or degree from an approved school of nursing or the approved school has certified to the board that the applicant has met all requirements for a diploma or degree. Acts 1967, ch. 78, § 13; T.C.A., § 63-741; Acts 1984, ch. 848, § 1.
An applicant for a license to practice professional nursing shall submit to the board evidence in such form as the board may prescribe that such applicant:
(1) Is in good physical and mental health;
(2) Holds a diploma from a four-year accredited high school, or the equivalent thereof, as determined by the board; and
(3) Has successfully completed a course of study in an approved school of nursing, as defined by the board, and the applicant holds a diploma or degree from an approved school of nursing or the approved school has certified to the board that the applicant has met all requirements for a diploma or degree.
Acts 1967, ch. 78, § 13; T.C.A., § 63-741; Acts 1984, ch. 848, § 1.
Tenn. Code Ann. § 63-17-104 — TN Code / Title 63 / Chapter 17 / Section 63-17-104
Board
Status: in_force

(a) (1) There is hereby created a board of communications disorders and sciences. (2) The board shall consist of seven (7) members who are appointed by the governor, who are residents of this state, five (5) of whom are currently practicing as speech language pathologists or audiologists and who have been engaged in rendering services, teaching or research in speech language pathology or audiology for a period of at least five (5) years, one (1) of whom shall be a consumer member who is not affiliated with the profession of speech language pathology and audiology and one (1) physician licensed by this state whose medical specialty is otolaryngology. (3) Of the six (6) nonphysician members of the board, at least two (2) shall be audiologists and at least two (2) shall be speech language pathologists, the fifth member shall be either a speech language pathologist or audiologist and the sixth member shall be a consumer. The five (5) nonphysician members engaged in rendering services, teaching or research in speech language pathology or audiology shall hold an active and valid license in this state. (b) The members of the board shall serve until the expiration of the term for which they have been appointed or until their successors are qualified. Their appointments shall be made as follows: (1) Initially, of the six (6) nonphysician members of the board, two (2) shall be appointed for a term of one (1) year, two (2) members shall be appointed for a term of two (2) years and two (2) members shall be appointed for a term of three (3) years. The consumer member shall be appointed for a term of three (3) years. All appointments made thereafter shall be for a term of three (3) years; (2) The physician member of the board may be selected by the governor from lists of qualified nominees submitted by interested otolaryngology groups including, but not limited to, the Tennessee Academy of Otolaryngology and shall serve for a term of three (3) years. The governor shall consult with such interested groups to determine qualified persons to fill the position. If for any reason a vacancy occurs in the office of a physician member of the board, an appointment shall be made as provided in this section, and the person so appointed shall serve for the remainder of the unexpired term; and (3) 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 and that at least one (1) person serving on the board is a member of a racial minority. (c) (1) The board shall reorganize annually and select a chair and a secretary. Four (4) members of the board constitute a quorum to do business. (2) The board shall hold at least one (1) regular meeting each year. Additional meetings may be held upon call of the chair or after the written request of any two (2) members of the board. (3) All meetings of the board shall be open and public, except that the board may hold executive sessions: (A) To prepare, approve, grade or administer examinations; and (B) Upon the request of an applicant who fails an examination, to prepare a response indicating the cause of the applicant's failure. (4) No person shall be appointed to serve more than two (2) consecutive terms. (5) When a vacancy in the office of one (1) of the five (5) nonphysician members engaged in rendering services, teaching or research in speech language pathology or audiology occurs, interested audiology and speech pathology groups including, but not limited to, the Tennessee Association of Audiologists and Speech Language Pathologists may submit lists of qualified nominees to be considered for the vacancy. The governor shall consult with such interested groups to determine qualified persons to fill the vacancy. Acts 1973, ch. 93, § 4; T.C.A., § 63-1704; Acts 1988, ch. 1013, § 55; 1992, ch. 814, § 3; 1994, ch. 849, § 6; 1995, ch. 481, §§ 29, 41; 2012 , ch. 697, §§ 1, 2.
(a) (1) There is hereby created a board of communications disorders and sciences. (2) The board shall consist of seven (7) members who are appointed by the governor, who are residents of this state, five (5) of whom are currently practicing as speech language pathologists or audiologists and who have been engaged in rendering services, teaching or research in speech language pathology or audiology for a period of at least five (5) years, one (1) of whom shall be a consumer member who is not affiliated with the profession of speech language pathology and audiology and one (1) physician licensed by this state whose medical specialty is otolaryngology. (3) Of the six (6) nonphysician members of the board, at least two (2) shall be audiologists and at least two (2) shall be speech language pathologists, the fifth member shall be either a speech language pathologist or audiologist and the sixth member shall be a consumer. The five (5) nonphysician members engaged in rendering services, teaching or research in speech language pathology or audiology shall hold an active and valid license in this state.
(1) There is hereby created a board of communications disorders and sciences.
(2) The board shall consist of seven (7) members who are appointed by the governor, who are residents of this state, five (5) of whom are currently practicing as speech language pathologists or audiologists and who have been engaged in rendering services, teaching or research in speech language pathology or audiology for a period of at least five (5) years, one (1) of whom shall be a consumer member who is not affiliated with the profession of speech language pathology and audiology and one (1) physician licensed by this state whose medical specialty is otolaryngology.
(3) Of the six (6) nonphysician members of the board, at least two (2) shall be audiologists and at least two (2) shall be speech language pathologists, the fifth member shall be either a speech language pathologist or audiologist and the sixth member shall be a consumer. The five (5) nonphysician members engaged in rendering services, teaching or research in speech language pathology or audiology shall hold an active and valid license in this state.
(b) The members of the board shall serve until the expiration of the term for which they have been appointed or until their successors are qualified. Their appointments shall be made as follows: (1) Initially, of the six (6) nonphysician members of the board, two (2) shall be appointed for a term of one (1) year, two (2) members shall be appointed for a term of two (2) years and two (2) members shall be appointed for a term of three (3) years. The consumer member shall be appointed for a term of three (3) years. All appointments made thereafter shall be for a term of three (3) years; (2) The physician member of the board may be selected by the governor from lists of qualified nominees submitted by interested otolaryngology groups including, but not limited to, the Tennessee Academy of Otolaryngology and shall serve for a term of three (3) years. The governor shall consult with such interested groups to determine qualified persons to fill the position. If for any reason a vacancy occurs in the office of a physician member of the board, an appointment shall be made as provided in this section, and the person so appointed shall serve for the remainder of the unexpired term; and (3) 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 and that at least one (1) person serving on the board is a member of a racial minority.
(1) Initially, of the six (6) nonphysician members of the board, two (2) shall be appointed for a term of one (1) year, two (2) members shall be appointed for a term of two (2) years and two (2) members shall be appointed for a term of three (3) years. The consumer member shall be appointed for a term of three (3) years. All appointments made thereafter shall be for a term of three (3) years;
(2) The physician member of the board may be selected by the governor from lists of qualified nominees submitted by interested otolaryngology groups including, but not limited to, the Tennessee Academy of Otolaryngology and shall serve for a term of three (3) years. The governor shall consult with such interested groups to determine qualified persons to fill the position. If for any reason a vacancy occurs in the office of a physician member of the board, an appointment shall be made as provided in this section, and the person so appointed shall serve for the remainder of the unexpired term; and
(3) 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 and that at least one (1) person serving on the board is a member of a racial minority.
(c) (1) The board shall reorganize annually and select a chair and a secretary. Four (4) members of the board constitute a quorum to do business. (2) The board shall hold at least one (1) regular meeting each year. Additional meetings may be held upon call of the chair or after the written request of any two (2) members of the board. (3) All meetings of the board shall be open and public, except that the board may hold executive sessions: (A) To prepare, approve, grade or administer examinations; and (B) Upon the request of an applicant who fails an examination, to prepare a response indicating the cause of the applicant's failure. (4) No person shall be appointed to serve more than two (2) consecutive terms. (5) When a vacancy in the office of one (1) of the five (5) nonphysician members engaged in rendering services, teaching or research in speech language pathology or audiology occurs, interested audiology and speech pathology groups including, but not limited to, the Tennessee Association of Audiologists and Speech Language Pathologists may submit lists of qualified nominees to be considered for the vacancy. The governor shall consult with such interested groups to determine qualified persons to fill the vacancy.
(1) The board shall reorganize annually and select a chair and a secretary. Four (4) members of the board constitute a quorum to do business.
(2) The board shall hold at least one (1) regular meeting each year. Additional meetings may be held upon call of the chair or after the written request of any two (2) members of the board.
(3) All meetings of the board shall be open and public, except that the board may hold executive sessions: (A) To prepare, approve, grade or administer examinations; and (B) Upon the request of an applicant who fails an examination, to prepare a response indicating the cause of the applicant's failure.
(A) To prepare, approve, grade or administer examinations; and
(B) Upon the request of an applicant who fails an examination, to prepare a response indicating the cause of the applicant's failure.
(4) No person shall be appointed to serve more than two (2) consecutive terms.
(5) When a vacancy in the office of one (1) of the five (5) nonphysician members engaged in rendering services, teaching or research in speech language pathology or audiology occurs, interested audiology and speech pathology groups including, but not limited to, the Tennessee Association of Audiologists and Speech Language Pathologists may submit lists of qualified nominees to be considered for the vacancy. The governor shall consult with such interested groups to determine qualified persons to fill the vacancy.
Acts 1973, ch. 93, § 4; T.C.A., § 63-1704; Acts 1988, ch. 1013, § 55; 1992, ch. 814, § 3; 1994, ch. 849, § 6; 1995, ch. 481, §§ 29, 41; 2012 , ch. 697, §§ 1, 2.
Tenn. Code Ann. § 63-25-113 — TN Code / Title 63 / Chapter 25 / Section 63-25-113
Retirees
Status: in_force

Any person licensed to practice by this chapter, who has retired or may hereafter retire from such practice in this state, shall not be made to register as required by this chapter if such person files with this board an affidavit on a form to be furnished by the board, which affidavit states the date on which such person retired from such practice, and such other facts as tend to verify such retirement as the board deems necessary. If such person reengages in such practice in this state, such person shall apply for licensure with the board as provided by this chapter, and shall meet other requirements as may be set by the board. Acts 1987, ch. 384, § 13.
Any person licensed to practice by this chapter, who has retired or may hereafter retire from such practice in this state, shall not be made to register as required by this chapter if such person files with this board an affidavit on a form to be furnished by the board, which affidavit states the date on which such person retired from such practice, and such other facts as tend to verify such retirement as the board deems necessary. If such person reengages in such practice in this state, such person shall apply for licensure with the board as provided by this chapter, and shall meet other requirements as may be set by the board.
Acts 1987, ch. 384, § 13.
Tenn. Code Ann. § 63-19-306 — TN Code / Title 63 / Chapter 19 / Section 63-19-306
Designation of the state from which licensee is applying for a compact privilege
Status: in_force

Upon a Licensee's application for a Compact Privilege, the Licensee shall identify to the Commission the Participating State from which the Licensee is applying, in accordance with applicable Rules adopted by the Commission, and subject to the following requirements: (1) When applying for a Compact Privilege, the Licensee shall provide the Commission with the address of the Licensee's primary residence and thereafter shall immediately report to the Commission any change in the address of the Licensee's primary residence; and (2) When applying for a Compact Privilege, the Licensee is required to consent to accept service of process by mail at the Licensee's primary residence on file with the Commission with respect to any action brought against the Licensee by the Commission or a Participating State, including a subpoena, with respect to any action brought or investigation conducted by the Commission or a Participating State. Added by 2024 Tenn. Acts, ch. 1018,s 1, eff. 1/1/2025.
Upon a Licensee's application for a Compact Privilege, the Licensee shall identify to the Commission the Participating State from which the Licensee is applying, in accordance with applicable Rules adopted by the Commission, and subject to the following requirements:
(1) When applying for a Compact Privilege, the Licensee shall provide the Commission with the address of the Licensee's primary residence and thereafter shall immediately report to the Commission any change in the address of the Licensee's primary residence; and
(2) When applying for a Compact Privilege, the Licensee is required to consent to accept service of process by mail at the Licensee's primary residence on file with the Commission with respect to any action brought against the Licensee by the Commission or a Participating State, including a subpoena, with respect to any action brought or investigation conducted by the Commission or a Participating State.
Added by 2024 Tenn. Acts, ch. 1018,s 1, eff. 1/1/2025.
Tenn. Code Ann. § 63-5-101 — TN Code / Title 63 / Chapter 5 / Section 63-5-101
Board of dentistry
Status: in_force

(a) The practice of dentistry and of dental hygiene shall be under the direct supervision of a board to be known as the board of dentistry, referred to in this chapter as the "board." (b) The administrative duties pursuant to licensure and the collection of fees for licensure shall be vested in the division of health related boards of the department of health, referred to in this chapter as the "division." Acts 1957, ch. 32, § 2; 1969, ch. 29, § 1; 1978, ch. 824, § 1; T.C.A., § 63-530; Acts 1984, ch. 937, § 19.
(a) The practice of dentistry and of dental hygiene shall be under the direct supervision of a board to be known as the board of dentistry, referred to in this chapter as the "board."
(b) The administrative duties pursuant to licensure and the collection of fees for licensure shall be vested in the division of health related boards of the department of health, referred to in this chapter as the "division."
Acts 1957, ch. 32, § 2; 1969, ch. 29, § 1; 1978, ch. 824, § 1; T.C.A., § 63-530; Acts 1984, ch. 937, § 19.