Tenn. Code Ann. § 63-6-1102 — TN Code / Title 63 / Chapter 6 / Section 63-6-1102
Part definitions
Status: in_force

As used in this part: (1) "Abortion": (A) Means the elective use or prescription of an instrument, medicine, drug, or other substance, or device, with the intent to terminate the clinically diagnosable pregnancy of a patient, with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child; and (B) Does not mean an act to terminate a pregnancy with the intent to: (i) Save the life or preserve the health of the unborn child; (ii) Remove a dead unborn child caused by spontaneous abortion; (iii) Remove an ectopic pregnancy; or (iv) Treat a maternal disease or illness for which the prescribed drug is indicated; (2) "Abortion-inducing drug" or "chemical abortion": (A) Means a medicine, drug, or other substance provided with the intent of terminating the clinically diagnosable pregnancy of a patient, with knowledge that the termination will, with reasonable likelihood, cause the death of the unborn child; (B) Includes the off-label use of drugs known to have abortion-inducing properties that are prescribed specifically with the intent of causing an abortion, such as mifepristone, misoprostol, and methotrexate; and (C) Does not include drugs that may be known to cause an abortion that are prescribed for other medical indications; (3) "Adverse event" means an untoward medical occurrence associated with the use of a drug in humans, whether or not considered drug related; (4) "Associated physician" means an individual licensed, and in good standing, to practice medicine in this state pursuant to chapter 6 or 9 of this title and who has entered into an associated physician agreement pursuant to § 63-6-1104(b) ; (5) "Complication" means an adverse physical or psychological condition arising from the performance of an abortion, including, but not limited to, uterine perforation; cervical perforation; infection; heavy or uncontrolled bleeding; hemorrhage; blood clots resulting in pulmonary embolism or deep vein thrombosis; failure to actually terminate the pregnancy; incomplete abortion; pelvic inflammatory disease; endometritis; missed ectopic pregnancy; cardiac arrest; respiratory arrest; renal failure; metabolic disorder; shock; embolism; coma; placenta previa in subsequent pregnancies; preterm delivery in subsequent pregnancies; free fluid in the abdomen; hemolytic reaction due to the administration of ABO-incompatible blood or blood products; adverse reactions to anesthesia and other drugs; subsequent development of breast cancer; death; psychological complications, such as depression, suicidal ideation, anxiety, and sleeping disorders; and other adverse events; (6) "Department" means the department of health; (7) "Facility" means a public or private hospital, clinic, center, medical school, medical training institution, healthcare business, physician's office, infirmary, dispensary, ambulatory surgical center, or other institution, location, or business where medical care or pharmaceuticals are provided to individuals; (8) "Hospital" has the same meaning as defined by § 68-11-201 ; (9) "Last menstrual period" means the time that has elapsed since the first day of the patient's last menstrual period; (10) "Physician" means an individual licensed, and in good standing, to practice medicine in this state pursuant to chapter 6 or 9 of this title; (11) "Pregnant" or "pregnancy" means the female reproductive condition of having an unborn child in the patient's uterus; (12) "Provide" means an act of giving, selling, dispensing, administering, transferring possession to, or otherwise providing or prescribing, an abortion-inducing drug; (13) "Qualified physician" means a physician who has the ability to: (A) Identify and document a viable intrauterine pregnancy; (B) Assess the gestational age of pregnancy and inform the patient of gestational age-specific risks; (C) Diagnose ectopic pregnancy; (D) Determine blood type and administer RhoGAM if a patient is Rh negative; (E) Assess for signs of domestic abuse, reproductive control, human trafficking, and other signals of coerced abortion; (F) Provide surgical intervention, or has entered into a contract with another qualified physician to provide surgical intervention; and (G) Supervise and bear legal responsibility for an agent, employee, or contractor who is participating in any part of a procedure, including, but not limited to, preprocedure evaluation and care; (14) "Reasonable medical judgment" means a medical judgment that would be made by a reasonably prudent physician knowledgeable about the patient's case and the treatment possibilities with respect to the medical conditions involved; and (15) "Unborn child" means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in 1 U.S.C. § 8(b) . Added by 2022 Tenn. Acts, ch. 1001, s 3, eff. 1/1/2023.
As used in this part:
(1) "Abortion": (A) Means the elective use or prescription of an instrument, medicine, drug, or other substance, or device, with the intent to terminate the clinically diagnosable pregnancy of a patient, with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child; and (B) Does not mean an act to terminate a pregnancy with the intent to: (i) Save the life or preserve the health of the unborn child; (ii) Remove a dead unborn child caused by spontaneous abortion; (iii) Remove an ectopic pregnancy; or (iv) Treat a maternal disease or illness for which the prescribed drug is indicated;
(A) Means the elective use or prescription of an instrument, medicine, drug, or other substance, or device, with the intent to terminate the clinically diagnosable pregnancy of a patient, with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child; and
(B) Does not mean an act to terminate a pregnancy with the intent to: (i) Save the life or preserve the health of the unborn child; (ii) Remove a dead unborn child caused by spontaneous abortion; (iii) Remove an ectopic pregnancy; or (iv) Treat a maternal disease or illness for which the prescribed drug is indicated;
(i) Save the life or preserve the health of the unborn child;
(ii) Remove a dead unborn child caused by spontaneous abortion;
(iii) Remove an ectopic pregnancy; or
(iv) Treat a maternal disease or illness for which the prescribed drug is indicated;
(2) "Abortion-inducing drug" or "chemical abortion": (A) Means a medicine, drug, or other substance provided with the intent of terminating the clinically diagnosable pregnancy of a patient, with knowledge that the termination will, with reasonable likelihood, cause the death of the unborn child; (B) Includes the off-label use of drugs known to have abortion-inducing properties that are prescribed specifically with the intent of causing an abortion, such as mifepristone, misoprostol, and methotrexate; and (C) Does not include drugs that may be known to cause an abortion that are prescribed for other medical indications;
(A) Means a medicine, drug, or other substance provided with the intent of terminating the clinically diagnosable pregnancy of a patient, with knowledge that the termination will, with reasonable likelihood, cause the death of the unborn child;
(B) Includes the off-label use of drugs known to have abortion-inducing properties that are prescribed specifically with the intent of causing an abortion, such as mifepristone, misoprostol, and methotrexate; and
(C) Does not include drugs that may be known to cause an abortion that are prescribed for other medical indications;
(3) "Adverse event" means an untoward medical occurrence associated with the use of a drug in humans, whether or not considered drug related;
(4) "Associated physician" means an individual licensed, and in good standing, to practice medicine in this state pursuant to chapter 6 or 9 of this title and who has entered into an associated physician agreement pursuant to § 63-6-1104(b) ;
(5) "Complication" means an adverse physical or psychological condition arising from the performance of an abortion, including, but not limited to, uterine perforation; cervical perforation; infection; heavy or uncontrolled bleeding; hemorrhage; blood clots resulting in pulmonary embolism or deep vein thrombosis; failure to actually terminate the pregnancy; incomplete abortion; pelvic inflammatory disease; endometritis; missed ectopic pregnancy; cardiac arrest; respiratory arrest; renal failure; metabolic disorder; shock; embolism; coma; placenta previa in subsequent pregnancies; preterm delivery in subsequent pregnancies; free fluid in the abdomen; hemolytic reaction due to the administration of ABO-incompatible blood or blood products; adverse reactions to anesthesia and other drugs; subsequent development of breast cancer; death; psychological complications, such as depression, suicidal ideation, anxiety, and sleeping disorders; and other adverse events;
(6) "Department" means the department of health;
(7) "Facility" means a public or private hospital, clinic, center, medical school, medical training institution, healthcare business, physician's office, infirmary, dispensary, ambulatory surgical center, or other institution, location, or business where medical care or pharmaceuticals are provided to individuals;
(8) "Hospital" has the same meaning as defined by § 68-11-201 ;
(9) "Last menstrual period" means the time that has elapsed since the first day of the patient's last menstrual period;
(10) "Physician" means an individual licensed, and in good standing, to practice medicine in this state pursuant to chapter 6 or 9 of this title;
(11) "Pregnant" or "pregnancy" means the female reproductive condition of having an unborn child in the patient's uterus;
(12) "Provide" means an act of giving, selling, dispensing, administering, transferring possession to, or otherwise providing or prescribing, an abortion-inducing drug;
(13) "Qualified physician" means a physician who has the ability to: (A) Identify and document a viable intrauterine pregnancy; (B) Assess the gestational age of pregnancy and inform the patient of gestational age-specific risks; (C) Diagnose ectopic pregnancy; (D) Determine blood type and administer RhoGAM if a patient is Rh negative; (E) Assess for signs of domestic abuse, reproductive control, human trafficking, and other signals of coerced abortion; (F) Provide surgical intervention, or has entered into a contract with another qualified physician to provide surgical intervention; and (G) Supervise and bear legal responsibility for an agent, employee, or contractor who is participating in any part of a procedure, including, but not limited to, preprocedure evaluation and care;
(A) Identify and document a viable intrauterine pregnancy;
(B) Assess the gestational age of pregnancy and inform the patient of gestational age-specific risks;
(C) Diagnose ectopic pregnancy;
(D) Determine blood type and administer RhoGAM if a patient is Rh negative;
(E) Assess for signs of domestic abuse, reproductive control, human trafficking, and other signals of coerced abortion;
(F) Provide surgical intervention, or has entered into a contract with another qualified physician to provide surgical intervention; and
(G) Supervise and bear legal responsibility for an agent, employee, or contractor who is participating in any part of a procedure, including, but not limited to, preprocedure evaluation and care;
(14) "Reasonable medical judgment" means a medical judgment that would be made by a reasonably prudent physician knowledgeable about the patient's case and the treatment possibilities with respect to the medical conditions involved; and
(15) "Unborn child" means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in 1 U.S.C. § 8(b) .
Added by 2022 Tenn. Acts, ch. 1001, s 3, eff. 1/1/2023.
Tenn. Code Ann. § 63-5-107 — TN Code / Title 63 / Chapter 5 / Section 63-5-107
License requirement
Status: in_force

(a) It is unlawful for any person to practice dentistry, a specialty in dentistry or dental hygiene in this state, except those who are now licensed or certified as such pursuant to law and those who may hereafter be licensed or certified and registered pursuant to this chapter. (b) It is unlawful for any person so licensed or certified to practice dentistry or to practice dental hygiene in any calendar year unless or until such person has paid the annual renewal fee for that year as provided in this chapter. (c) (1) (A) Each person licensed as a dentist or a dental hygienist in accordance with this chapter or registered as a dental assistant pursuant to the rules of the board is required to attend and complete each year, except in the year of initial licensure or registration, the number of hours of board approved continuing education courses prescribed by the board, subject to a minimum of twelve (12) and a maximum of thirty (30) clock hours; provided, that beginning January 3, 2003, in lieu of the annual continuing education requirement, each person licensed as a dentist or dental hygienist or registered as a dental assistant is required to attend and complete during each two-year cycle, except for the two-year cycle of initial licensure, the number of hours of board approved continuing education courses that are prescribed by the board, subject to a minimum of twenty-four (24) and a maximum of sixty (60) clock hours. However, for the purposes of the biennial continuing education requirement for dental hygienists, no more than fifty percent (50%) of such continuing education requirement may be earned from on-line or web-based courses. Sponsors of such courses shall submit a sufficient description of course content to the board in order to obtain approval. The board may approve all, part or none of the course at its discretion. Additional procedures for implementing this requirement may be adopted by the board in its regulations. The board may waive all or part of the continuing education requirements in unusual situations in which an applicant for renewal has demonstrated inability to attend such courses not attributable to fault of the applicant. The board shall have discretion to require completion of continuing education courses of a type and number of hours satisfactory to the board in cases involving license renewal of dentists or dental hygienists who have not actively practiced or have been retired from practice for more than two (2) years. In addition to the foregoing, all applicants shall provide proof of current CPR certification by an organization approved by the board unless such requirement is waived by the board in its discretion; provided, that no dentist who obtains a waiver from the board for CPR requirements shall practice dentistry unless a dentist, dental hygienist or dental assistant who is currently certified in CPR is present. (B) (i) For purposes of this subdivision (c)(1), a live, interactive webinar is: (a) Considered to be in-person continuing education; and (b) Not considered remote attendance of an online or web-based course. (ii) As used in this subdivision (c)(1)(B), "live, interactive webinar" means an internet-based broadcast in which viewers may interact with a presenter in real time. (2) The board may, but is not required to, monitor or verify certificates of completion submitted by applicants for license renewal. In its discretion, by random sample or in individual cases, the board may require proof of attendance or otherwise investigate compliance with this subsection (c). Amended by 2022 Tenn. Acts, ch. 865, s 1, eff. 7/1/2022. Acts 1957, ch. 32, § 8; T.C.A., § 63-536; Acts 1989, ch. 591, §112; 1990, ch. 1031, §9; 1991, ch. 143, § 1; 1992, ch. 859, §1; 2002, ch. 771, §1; 2007 , ch. 340, §1; 2010 , ch. 811, § 1.
(a) It is unlawful for any person to practice dentistry, a specialty in dentistry or dental hygiene in this state, except those who are now licensed or certified as such pursuant to law and those who may hereafter be licensed or certified and registered pursuant to this chapter.
(b) It is unlawful for any person so licensed or certified to practice dentistry or to practice dental hygiene in any calendar year unless or until such person has paid the annual renewal fee for that year as provided in this chapter.
(c) (1) (A) Each person licensed as a dentist or a dental hygienist in accordance with this chapter or registered as a dental assistant pursuant to the rules of the board is required to attend and complete each year, except in the year of initial licensure or registration, the number of hours of board approved continuing education courses prescribed by the board, subject to a minimum of twelve (12) and a maximum of thirty (30) clock hours; provided, that beginning January 3, 2003, in lieu of the annual continuing education requirement, each person licensed as a dentist or dental hygienist or registered as a dental assistant is required to attend and complete during each two-year cycle, except for the two-year cycle of initial licensure, the number of hours of board approved continuing education courses that are prescribed by the board, subject to a minimum of twenty-four (24) and a maximum of sixty (60) clock hours. However, for the purposes of the biennial continuing education requirement for dental hygienists, no more than fifty percent (50%) of such continuing education requirement may be earned from on-line or web-based courses. Sponsors of such courses shall submit a sufficient description of course content to the board in order to obtain approval. The board may approve all, part or none of the course at its discretion. Additional procedures for implementing this requirement may be adopted by the board in its regulations. The board may waive all or part of the continuing education requirements in unusual situations in which an applicant for renewal has demonstrated inability to attend such courses not attributable to fault of the applicant. The board shall have discretion to require completion of continuing education courses of a type and number of hours satisfactory to the board in cases involving license renewal of dentists or dental hygienists who have not actively practiced or have been retired from practice for more than two (2) years. In addition to the foregoing, all applicants shall provide proof of current CPR certification by an organization approved by the board unless such requirement is waived by the board in its discretion; provided, that no dentist who obtains a waiver from the board for CPR requirements shall practice dentistry unless a dentist, dental hygienist or dental assistant who is currently certified in CPR is present. (B) (i) For purposes of this subdivision (c)(1), a live, interactive webinar is: (a) Considered to be in-person continuing education; and (b) Not considered remote attendance of an online or web-based course. (ii) As used in this subdivision (c)(1)(B), "live, interactive webinar" means an internet-based broadcast in which viewers may interact with a presenter in real time. (2) The board may, but is not required to, monitor or verify certificates of completion submitted by applicants for license renewal. In its discretion, by random sample or in individual cases, the board may require proof of attendance or otherwise investigate compliance with this subsection (c).
(1) (A) Each person licensed as a dentist or a dental hygienist in accordance with this chapter or registered as a dental assistant pursuant to the rules of the board is required to attend and complete each year, except in the year of initial licensure or registration, the number of hours of board approved continuing education courses prescribed by the board, subject to a minimum of twelve (12) and a maximum of thirty (30) clock hours; provided, that beginning January 3, 2003, in lieu of the annual continuing education requirement, each person licensed as a dentist or dental hygienist or registered as a dental assistant is required to attend and complete during each two-year cycle, except for the two-year cycle of initial licensure, the number of hours of board approved continuing education courses that are prescribed by the board, subject to a minimum of twenty-four (24) and a maximum of sixty (60) clock hours. However, for the purposes of the biennial continuing education requirement for dental hygienists, no more than fifty percent (50%) of such continuing education requirement may be earned from on-line or web-based courses. Sponsors of such courses shall submit a sufficient description of course content to the board in order to obtain approval. The board may approve all, part or none of the course at its discretion. Additional procedures for implementing this requirement may be adopted by the board in its regulations. The board may waive all or part of the continuing education requirements in unusual situations in which an applicant for renewal has demonstrated inability to attend such courses not attributable to fault of the applicant. The board shall have discretion to require completion of continuing education courses of a type and number of hours satisfactory to the board in cases involving license renewal of dentists or dental hygienists who have not actively practiced or have been retired from practice for more than two (2) years. In addition to the foregoing, all applicants shall provide proof of current CPR certification by an organization approved by the board unless such requirement is waived by the board in its discretion; provided, that no dentist who obtains a waiver from the board for CPR requirements shall practice dentistry unless a dentist, dental hygienist or dental assistant who is currently certified in CPR is present. (B) (i) For purposes of this subdivision (c)(1), a live, interactive webinar is: (a) Considered to be in-person continuing education; and (b) Not considered remote attendance of an online or web-based course. (ii) As used in this subdivision (c)(1)(B), "live, interactive webinar" means an internet-based broadcast in which viewers may interact with a presenter in real time.
(A) Each person licensed as a dentist or a dental hygienist in accordance with this chapter or registered as a dental assistant pursuant to the rules of the board is required to attend and complete each year, except in the year of initial licensure or registration, the number of hours of board approved continuing education courses prescribed by the board, subject to a minimum of twelve (12) and a maximum of thirty (30) clock hours; provided, that beginning January 3, 2003, in lieu of the annual continuing education requirement, each person licensed as a dentist or dental hygienist or registered as a dental assistant is required to attend and complete during each two-year cycle, except for the two-year cycle of initial licensure, the number of hours of board approved continuing education courses that are prescribed by the board, subject to a minimum of twenty-four (24) and a maximum of sixty (60) clock hours. However, for the purposes of the biennial continuing education requirement for dental hygienists, no more than fifty percent (50%) of such continuing education requirement may be earned from on-line or web-based courses. Sponsors of such courses shall submit a sufficient description of course content to the board in order to obtain approval. The board may approve all, part or none of the course at its discretion. Additional procedures for implementing this requirement may be adopted by the board in its regulations. The board may waive all or part of the continuing education requirements in unusual situations in which an applicant for renewal has demonstrated inability to attend such courses not attributable to fault of the applicant. The board shall have discretion to require completion of continuing education courses of a type and number of hours satisfactory to the board in cases involving license renewal of dentists or dental hygienists who have not actively practiced or have been retired from practice for more than two (2) years. In addition to the foregoing, all applicants shall provide proof of current CPR certification by an organization approved by the board unless such requirement is waived by the board in its discretion; provided, that no dentist who obtains a waiver from the board for CPR requirements shall practice dentistry unless a dentist, dental hygienist or dental assistant who is currently certified in CPR is present.
(B) (i) For purposes of this subdivision (c)(1), a live, interactive webinar is: (a) Considered to be in-person continuing education; and (b) Not considered remote attendance of an online or web-based course. (ii) As used in this subdivision (c)(1)(B), "live, interactive webinar" means an internet-based broadcast in which viewers may interact with a presenter in real time.
(i) For purposes of this subdivision (c)(1), a live, interactive webinar is: (a) Considered to be in-person continuing education; and (b) Not considered remote attendance of an online or web-based course.
(a) Considered to be in-person continuing education; and
(b) Not considered remote attendance of an online or web-based course.
(ii) As used in this subdivision (c)(1)(B), "live, interactive webinar" means an internet-based broadcast in which viewers may interact with a presenter in real time.
(2) The board may, but is not required to, monitor or verify certificates of completion submitted by applicants for license renewal. In its discretion, by random sample or in individual cases, the board may require proof of attendance or otherwise investigate compliance with this subsection (c).
Amended by 2022 Tenn. Acts, ch. 865, s 1, eff. 7/1/2022.
Acts 1957, ch. 32, § 8; T.C.A., § 63-536; Acts 1989, ch. 591, §112; 1990, ch. 1031, §9; 1991, ch. 143, § 1; 1992, ch. 859, §1; 2002, ch. 771, §1; 2007 , ch. 340, §1; 2010 , ch. 811, § 1.
Tenn. Code Ann. § 63-1-162 — TN Code / Title 63 / Chapter 1 / Section 63-1-162
Section definitions - Public safety continuing education course - Course requirements
Status: in_force

(a) As used in this section: (1) "Board" means the board of medical examiners created pursuant to chapter 6 of this title; (2) "Continuing education" means the healthcare professional's licensing board required continued postgraduate education intended to provide healthcare professionals with knowledge of new developments or reinforcement of previously learned information in the healthcare professional's field; (3) "Department" means the department of health; and (4) "Healthcare professional" means a person licensed to practice a healing art in this state pursuant to this title. (b) The department shall collaborate with a Tennessee organization approved by the board that is accredited as a sponsor of continuing medical education to create a continuing education program for the purpose of providing healthcare professionals with information or training relative to public safety that includes, but is not limited to: (1) Identifying and reporting individuals who may need emergent or non-emergent treatment related to their mental health; (2) The emergency and non-emergency involuntary admission process, including the duty or authority established under title 33 to involuntarily detain, evaluate, or admit an individual to an inpatient treatment facility; (3) Safety in healthcare settings, including how to protect staff and patients from threats, including threats of mass violence and an active shooter; and (4) Maintaining HIPAA compliance while completing any necessary communication, writing, or reporting during the emergency and non-emergency involuntary admission process. (c) The program must be approved by the board prior to implementation. (d) The program must be accessible to all healthcare professionals online. (e) The program must be a minimum of two (2) hours of continuing education credit, and the healthcare professional licensing boards under this title shall count the program toward the boards' continuing education requirements. (f) The department shall make the program available on the board's website within six (6) months of board approval as required by subsection (c). (g) The department, upon approval by the board, may periodically update any curriculum developed pursuant to this section to account for new research and information. Added by 2024 Tenn. Acts, ch. 749,s 1, eff. 4/22/2024.
(a) As used in this section: (1) "Board" means the board of medical examiners created pursuant to chapter 6 of this title; (2) "Continuing education" means the healthcare professional's licensing board required continued postgraduate education intended to provide healthcare professionals with knowledge of new developments or reinforcement of previously learned information in the healthcare professional's field; (3) "Department" means the department of health; and (4) "Healthcare professional" means a person licensed to practice a healing art in this state pursuant to this title.
(1) "Board" means the board of medical examiners created pursuant to chapter 6 of this title;
(2) "Continuing education" means the healthcare professional's licensing board required continued postgraduate education intended to provide healthcare professionals with knowledge of new developments or reinforcement of previously learned information in the healthcare professional's field;
(3) "Department" means the department of health; and
(4) "Healthcare professional" means a person licensed to practice a healing art in this state pursuant to this title.
(b) The department shall collaborate with a Tennessee organization approved by the board that is accredited as a sponsor of continuing medical education to create a continuing education program for the purpose of providing healthcare professionals with information or training relative to public safety that includes, but is not limited to: (1) Identifying and reporting individuals who may need emergent or non-emergent treatment related to their mental health; (2) The emergency and non-emergency involuntary admission process, including the duty or authority established under title 33 to involuntarily detain, evaluate, or admit an individual to an inpatient treatment facility; (3) Safety in healthcare settings, including how to protect staff and patients from threats, including threats of mass violence and an active shooter; and (4) Maintaining HIPAA compliance while completing any necessary communication, writing, or reporting during the emergency and non-emergency involuntary admission process.
(1) Identifying and reporting individuals who may need emergent or non-emergent treatment related to their mental health;
(2) The emergency and non-emergency involuntary admission process, including the duty or authority established under title 33 to involuntarily detain, evaluate, or admit an individual to an inpatient treatment facility;
(3) Safety in healthcare settings, including how to protect staff and patients from threats, including threats of mass violence and an active shooter; and
(4) Maintaining HIPAA compliance while completing any necessary communication, writing, or reporting during the emergency and non-emergency involuntary admission process.
(c) The program must be approved by the board prior to implementation.
(d) The program must be accessible to all healthcare professionals online.
(e) The program must be a minimum of two (2) hours of continuing education credit, and the healthcare professional licensing boards under this title shall count the program toward the boards' continuing education requirements.
(f) The department shall make the program available on the board's website within six (6) months of board approval as required by subsection (c).
(g) The department, upon approval by the board, may periodically update any curriculum developed pursuant to this section to account for new research and information.
Added by 2024 Tenn. Acts, ch. 749,s 1, eff. 4/22/2024.
Tenn. Code Ann. § 63-9-111 — TN Code / Title 63 / Chapter 9 / Section 63-9-111
Denial, suspension and revocation of licenses or certificates - Enjoining violations - Enforcement - Investigations
Status: in_force

(a) The board has the power to: (1) Deny an application for a license to any applicant who applies for the same through reciprocity or otherwise; (2) Permanently or temporarily withhold issuance of a license; (3) Suspend or limit or restrict a previously issued license for such time and in such manner as the board may determine; (4) Reprimand or take such action in relation to disciplining an applicant or licensee as the board in its discretion may deem proper; or (5) Permanently revoke a license. (b) The grounds upon which the board shall exercise the powers set forth in subsection (a) include, but are not limited to: (1) Unprofessional, dishonorable or unethical conduct; (2) Violation or attempted violation, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provisions of this chapter or any lawful order of the board issued pursuant thereto or any criminal statute of the state; (3) Making false statements or representations, being guilty of fraud or deceit in obtaining admission to practice or in being guilty of fraud or deceit in the practice of medicine; (4) Gross health care liability or a pattern of continued or repeated health care liability, ignorance, negligence or incompetence in the course of medical practice; (5) Habitual intoxication or personal misuse of any drugs or the use of intoxicating liquors, narcotics, controlled substances, controlled substance analogues or other drugs or stimulants in such manner as to adversely affect the person's ability to practice medicine; (6) Violation of the laws governing abortion; (7) The willful violation without legal justification of a privileged communication; (8) Obtaining a fee as personal compensation or causing financial gain or benefit for an employer, person, partnership, corporation or any other legal entity by a fraudulent representation or by the use of a fraudulent diagnosis, therapy or treatment; (9) Conviction of a felony, conviction of any offense under state or federal drug laws or conviction of any offense involving moral turpitude; (10) The use of any false or fraudulent statement in any document connected with practice under this chapter; (11) Dispensing, prescribing or otherwise distributing any controlled substance or any other drug not in the course of professional practice, or not in good faith to relieve pain and suffering or not to cure an ailment, physical infirmity or disease; (12) Dispensing, prescribing or otherwise distributing to any person a controlled substance or other drug if such person is addicted to the habit of using controlled substances without making a bona fide effort to cure the habit of such patient; (13) Dispensing, prescribing or otherwise distributing any controlled substance, controlled substance analogue or any other drug to any person in violation of any law of the state or the United States; (14) Engaging in the practice of medicine under a false or assumed name, or the impersonation of another practitioner, or a like, similar or different name; (15) Knowingly performing any act that in any way assists an unlicensed person to unlawfully practice as provided under this chapter; (16) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any provisions of this chapter; (17) The failure of the licensee to designate the licensee's professional degree in accordance with § 63-1-109 ; (18) Should any person holding a license to practice hereunder be adjudged mentally incompetent or insane by any final order or adjudication of any court of competent jurisdiction, the license of such person shall forthwith be automatically suspended upon the entry of the order, and such suspension shall be effective and continue until the licensee is found or adjudged by such court to be mentally competent or until such person is duly discharged as restored to mental competence in any other manner provided by law; (19) The advertising of medical business in which untrue or misleading statements are made or causing the publication or circulation of fraudulent advertising relative to any disease, human ailment or condition; (20) Engaging in the practice of medicine when mentally or physically unable to safely do so; (21) Disciplinary action against the licensee to practice medicine by another state or territory of the United States for any acts or omissions that would constitute grounds for discipline of a licensee licensed in this state. A certified copy of the initial or final order or other equivalent document memorializing the disciplinary action from the disciplining state or territory shall constitute prima facie evidence of a violation of this section and shall be sufficient grounds upon which to deny, restrict or condition licensure or renewal and/or discipline a licensee licensed in this state; (22) No person licensed in this state to practice osteopathy shall agree or contract with any clinical, bioanalytical or hospital laboratory, wherever located, to pay such laboratory for anatomic pathology services or cytology services and thereafter include such costs in the bill or statement submitted to the patient or any entity or person for payment, unless the practitioner is in compliance with the requirements of § 56-7-1015(g) and discloses on the bill or statement, or in writing by a separate disclosure statement in a minimum print size of ten (10) font, the name and address of the laboratory and the net amount or amounts paid or to be paid to the laboratory for the anatomic pathology services or cytology services. This subdivision (b)(22) shall not apply to the state or any local government; and (23) (A) Transferring of patient medical information to a person in another state who is not licensed to practice medicine or osteopathy in Tennessee using any electronic, telephonic or fiber optic means or by any other method if such information is employed to diagnose and/or treat persons physically located within Tennessee is prohibited; (B) Notwithstanding subdivision (b)(23)(A), the transfer of such information shall not be prohibited if such information is: (i) To be used for a second opinion requested by a Tennessee licensed medical doctor or osteopathic physician; (ii) To be used by an out-of-state physician for treatment of a person who is seeking treatment out of Tennessee; (iii) Used to determine if such patient is covered by insurance; (iv) Used by a physician in another state to provide occasional academic consultations to a medical school located in Tennessee; (v) Used by insurance or related companies for risk evaluation, utilization review, claims processing and/or evaluation of claimants' rehabilitation, including establishing and administering rehabilitation plans. The establishing and administering of such rehabilitation plans shall not include the diagnosis and/or treatment of persons physically located within Tennessee; or (vi) Used in clinical trials for drugs approved by the food and drug administration; (C) This subdivision (b)(23) does not apply to research hospitals, as defined in § 63-6-204(f)(7)(I) ; (D) This subdivision (b)(23) only applies to X-rays and medical imaging. (c) (1) In enforcing this section, the board shall, upon probable cause, have authority to compel an applicant or licensee to submit to a mental and/or physical examination by a designated committee of at least three (3) practicing physicians, including a psychiatrist where a question of mental condition is involved. (2) Failure of an applicant or a licensee to submit to such examination when ordered shall constitute an admission of the allegations against the applicant or licensee, unless such failure was due to circumstances beyond the applicant's or licensee's control. (3) The applicant or licensee may have an independent medical practitioner present during such examination. (4) The committee will submit a report of its findings to the board, which will then hold a hearing as provided in this section. (d) All proceedings for disciplinary action against a licensee under this chapter shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (e) (1) In addition to the powers and duties expressly granted by this chapter in the matter of suspension or revocation of a license or certificate, the board is authorized and empowered to petition any circuit or chancery court having jurisdiction to enjoin any person who is practicing or attempting to practice osteopathy without possessing a valid license so to practice and to enjoin any unauthorized person, firm or corporation from performing any act or rendering any service in violation of this chapter. (2) Jurisdiction is conferred upon the circuit and chancery courts of the state to hear and determine such causes as chancery causes and to exercise full and complete jurisdiction in such injunctive proceedings. (f) The board shall at all times have the power to call upon the district attorneys general in the various judicial districts to assist the board, and it is hereby declared to be the duty of all district attorneys general throughout the state to assist the board, upon its request, in any suit for injunction or prosecution instituted by the board without charge or additional compensation to the district attorneys general. The attorney general and reporter and the attorney general and reporter's assistants shall serve as legal advisers to the board. (g) The board, on its own motion, may investigate any report that an osteopathic physician is or may be in violation of subsection (b). Any osteopathic physician, any medical society or any other person who in good faith shall report to the board any information that an osteopathic physician is or may be in violation of subsection (b) shall not be subject to suit for civil damage as a result thereof. (h) The board, pursuant to duly promulgated rules, may, whenever a final order is issued after a disciplinary contested case hearing that contains findings that a licensee or other person has violated any provision of this chapter, assess the costs directly related to the prosecution of the case against the licensee or person. Acts 1939, ch. 150, § 1; mod. C. Supp. 1950, § 7008.1; Acts 1963, ch. 211, § 3; 1976, ch. 727, § 9; T.C.A. (orig. ed.), § 63-912; Acts 1982, ch. 948, § 4; 1985, ch. 120, § 11; 1996, ch. 1042, §§4, 5; 1997 , ch. 175, § 1; 1999, ch. 340, §§ 2 - 4; 2004, ch. 715, §2; 2010 , ch. 952, §3; 2012 , ch. 798, §42; 2012 , ch. 848, § 74.
(a) The board has the power to: (1) Deny an application for a license to any applicant who applies for the same through reciprocity or otherwise; (2) Permanently or temporarily withhold issuance of a license; (3) Suspend or limit or restrict a previously issued license for such time and in such manner as the board may determine; (4) Reprimand or take such action in relation to disciplining an applicant or licensee as the board in its discretion may deem proper; or (5) Permanently revoke a license.
(1) Deny an application for a license to any applicant who applies for the same through reciprocity or otherwise;
(2) Permanently or temporarily withhold issuance of a license;
(3) Suspend or limit or restrict a previously issued license for such time and in such manner as the board may determine;
(4) Reprimand or take such action in relation to disciplining an applicant or licensee as the board in its discretion may deem proper; or
(5) Permanently revoke a license.
(b) The grounds upon which the board shall exercise the powers set forth in subsection (a) include, but are not limited to: (1) Unprofessional, dishonorable or unethical conduct; (2) Violation or attempted violation, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provisions of this chapter or any lawful order of the board issued pursuant thereto or any criminal statute of the state; (3) Making false statements or representations, being guilty of fraud or deceit in obtaining admission to practice or in being guilty of fraud or deceit in the practice of medicine; (4) Gross health care liability or a pattern of continued or repeated health care liability, ignorance, negligence or incompetence in the course of medical practice; (5) Habitual intoxication or personal misuse of any drugs or the use of intoxicating liquors, narcotics, controlled substances, controlled substance analogues or other drugs or stimulants in such manner as to adversely affect the person's ability to practice medicine; (6) Violation of the laws governing abortion; (7) The willful violation without legal justification of a privileged communication; (8) Obtaining a fee as personal compensation or causing financial gain or benefit for an employer, person, partnership, corporation or any other legal entity by a fraudulent representation or by the use of a fraudulent diagnosis, therapy or treatment; (9) Conviction of a felony, conviction of any offense under state or federal drug laws or conviction of any offense involving moral turpitude; (10) The use of any false or fraudulent statement in any document connected with practice under this chapter; (11) Dispensing, prescribing or otherwise distributing any controlled substance or any other drug not in the course of professional practice, or not in good faith to relieve pain and suffering or not to cure an ailment, physical infirmity or disease; (12) Dispensing, prescribing or otherwise distributing to any person a controlled substance or other drug if such person is addicted to the habit of using controlled substances without making a bona fide effort to cure the habit of such patient; (13) Dispensing, prescribing or otherwise distributing any controlled substance, controlled substance analogue or any other drug to any person in violation of any law of the state or the United States; (14) Engaging in the practice of medicine under a false or assumed name, or the impersonation of another practitioner, or a like, similar or different name; (15) Knowingly performing any act that in any way assists an unlicensed person to unlawfully practice as provided under this chapter; (16) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any provisions of this chapter; (17) The failure of the licensee to designate the licensee's professional degree in accordance with § 63-1-109 ; (18) Should any person holding a license to practice hereunder be adjudged mentally incompetent or insane by any final order or adjudication of any court of competent jurisdiction, the license of such person shall forthwith be automatically suspended upon the entry of the order, and such suspension shall be effective and continue until the licensee is found or adjudged by such court to be mentally competent or until such person is duly discharged as restored to mental competence in any other manner provided by law; (19) The advertising of medical business in which untrue or misleading statements are made or causing the publication or circulation of fraudulent advertising relative to any disease, human ailment or condition; (20) Engaging in the practice of medicine when mentally or physically unable to safely do so; (21) Disciplinary action against the licensee to practice medicine by another state or territory of the United States for any acts or omissions that would constitute grounds for discipline of a licensee licensed in this state. A certified copy of the initial or final order or other equivalent document memorializing the disciplinary action from the disciplining state or territory shall constitute prima facie evidence of a violation of this section and shall be sufficient grounds upon which to deny, restrict or condition licensure or renewal and/or discipline a licensee licensed in this state; (22) No person licensed in this state to practice osteopathy shall agree or contract with any clinical, bioanalytical or hospital laboratory, wherever located, to pay such laboratory for anatomic pathology services or cytology services and thereafter include such costs in the bill or statement submitted to the patient or any entity or person for payment, unless the practitioner is in compliance with the requirements of § 56-7-1015(g) and discloses on the bill or statement, or in writing by a separate disclosure statement in a minimum print size of ten (10) font, the name and address of the laboratory and the net amount or amounts paid or to be paid to the laboratory for the anatomic pathology services or cytology services. This subdivision (b)(22) shall not apply to the state or any local government; and (23) (A) Transferring of patient medical information to a person in another state who is not licensed to practice medicine or osteopathy in Tennessee using any electronic, telephonic or fiber optic means or by any other method if such information is employed to diagnose and/or treat persons physically located within Tennessee is prohibited; (B) Notwithstanding subdivision (b)(23)(A), the transfer of such information shall not be prohibited if such information is: (i) To be used for a second opinion requested by a Tennessee licensed medical doctor or osteopathic physician; (ii) To be used by an out-of-state physician for treatment of a person who is seeking treatment out of Tennessee; (iii) Used to determine if such patient is covered by insurance; (iv) Used by a physician in another state to provide occasional academic consultations to a medical school located in Tennessee; (v) Used by insurance or related companies for risk evaluation, utilization review, claims processing and/or evaluation of claimants' rehabilitation, including establishing and administering rehabilitation plans. The establishing and administering of such rehabilitation plans shall not include the diagnosis and/or treatment of persons physically located within Tennessee; or (vi) Used in clinical trials for drugs approved by the food and drug administration; (C) This subdivision (b)(23) does not apply to research hospitals, as defined in § 63-6-204(f)(7)(I) ; (D) This subdivision (b)(23) only applies to X-rays and medical imaging.
(1) Unprofessional, dishonorable or unethical conduct;
(2) Violation or attempted violation, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provisions of this chapter or any lawful order of the board issued pursuant thereto or any criminal statute of the state;
(3) Making false statements or representations, being guilty of fraud or deceit in obtaining admission to practice or in being guilty of fraud or deceit in the practice of medicine;
(4) Gross health care liability or a pattern of continued or repeated health care liability, ignorance, negligence or incompetence in the course of medical practice;
(5) Habitual intoxication or personal misuse of any drugs or the use of intoxicating liquors, narcotics, controlled substances, controlled substance analogues or other drugs or stimulants in such manner as to adversely affect the person's ability to practice medicine;
(6) Violation of the laws governing abortion;
(7) The willful violation without legal justification of a privileged communication;
(8) Obtaining a fee as personal compensation or causing financial gain or benefit for an employer, person, partnership, corporation or any other legal entity by a fraudulent representation or by the use of a fraudulent diagnosis, therapy or treatment;
(9) Conviction of a felony, conviction of any offense under state or federal drug laws or conviction of any offense involving moral turpitude;
(10) The use of any false or fraudulent statement in any document connected with practice under this chapter;
(11) Dispensing, prescribing or otherwise distributing any controlled substance or any other drug not in the course of professional practice, or not in good faith to relieve pain and suffering or not to cure an ailment, physical infirmity or disease;
(12) Dispensing, prescribing or otherwise distributing to any person a controlled substance or other drug if such person is addicted to the habit of using controlled substances without making a bona fide effort to cure the habit of such patient;
(13) Dispensing, prescribing or otherwise distributing any controlled substance, controlled substance analogue or any other drug to any person in violation of any law of the state or the United States;
(14) Engaging in the practice of medicine under a false or assumed name, or the impersonation of another practitioner, or a like, similar or different name;
(15) Knowingly performing any act that in any way assists an unlicensed person to unlawfully practice as provided under this chapter;
(16) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any provisions of this chapter;
(17) The failure of the licensee to designate the licensee's professional degree in accordance with § 63-1-109 ;
(18) Should any person holding a license to practice hereunder be adjudged mentally incompetent or insane by any final order or adjudication of any court of competent jurisdiction, the license of such person shall forthwith be automatically suspended upon the entry of the order, and such suspension shall be effective and continue until the licensee is found or adjudged by such court to be mentally competent or until such person is duly discharged as restored to mental competence in any other manner provided by law;
(19) The advertising of medical business in which untrue or misleading statements are made or causing the publication or circulation of fraudulent advertising relative to any disease, human ailment or condition;
(20) Engaging in the practice of medicine when mentally or physically unable to safely do so;
(21) Disciplinary action against the licensee to practice medicine by another state or territory of the United States for any acts or omissions that would constitute grounds for discipline of a licensee licensed in this state. A certified copy of the initial or final order or other equivalent document memorializing the disciplinary action from the disciplining state or territory shall constitute prima facie evidence of a violation of this section and shall be sufficient grounds upon which to deny, restrict or condition licensure or renewal and/or discipline a licensee licensed in this state;
(22) No person licensed in this state to practice osteopathy shall agree or contract with any clinical, bioanalytical or hospital laboratory, wherever located, to pay such laboratory for anatomic pathology services or cytology services and thereafter include such costs in the bill or statement submitted to the patient or any entity or person for payment, unless the practitioner is in compliance with the requirements of § 56-7-1015(g) and discloses on the bill or statement, or in writing by a separate disclosure statement in a minimum print size of ten (10) font, the name and address of the laboratory and the net amount or amounts paid or to be paid to the laboratory for the anatomic pathology services or cytology services. This subdivision (b)(22) shall not apply to the state or any local government; and
(23) (A) Transferring of patient medical information to a person in another state who is not licensed to practice medicine or osteopathy in Tennessee using any electronic, telephonic or fiber optic means or by any other method if such information is employed to diagnose and/or treat persons physically located within Tennessee is prohibited; (B) Notwithstanding subdivision (b)(23)(A), the transfer of such information shall not be prohibited if such information is: (i) To be used for a second opinion requested by a Tennessee licensed medical doctor or osteopathic physician; (ii) To be used by an out-of-state physician for treatment of a person who is seeking treatment out of Tennessee; (iii) Used to determine if such patient is covered by insurance; (iv) Used by a physician in another state to provide occasional academic consultations to a medical school located in Tennessee; (v) Used by insurance or related companies for risk evaluation, utilization review, claims processing and/or evaluation of claimants' rehabilitation, including establishing and administering rehabilitation plans. The establishing and administering of such rehabilitation plans shall not include the diagnosis and/or treatment of persons physically located within Tennessee; or (vi) Used in clinical trials for drugs approved by the food and drug administration; (C) This subdivision (b)(23) does not apply to research hospitals, as defined in § 63-6-204(f)(7)(I) ; (D) This subdivision (b)(23) only applies to X-rays and medical imaging.
(A) Transferring of patient medical information to a person in another state who is not licensed to practice medicine or osteopathy in Tennessee using any electronic, telephonic or fiber optic means or by any other method if such information is employed to diagnose and/or treat persons physically located within Tennessee is prohibited;
(B) Notwithstanding subdivision (b)(23)(A), the transfer of such information shall not be prohibited if such information is: (i) To be used for a second opinion requested by a Tennessee licensed medical doctor or osteopathic physician; (ii) To be used by an out-of-state physician for treatment of a person who is seeking treatment out of Tennessee; (iii) Used to determine if such patient is covered by insurance; (iv) Used by a physician in another state to provide occasional academic consultations to a medical school located in Tennessee; (v) Used by insurance or related companies for risk evaluation, utilization review, claims processing and/or evaluation of claimants' rehabilitation, including establishing and administering rehabilitation plans. The establishing and administering of such rehabilitation plans shall not include the diagnosis and/or treatment of persons physically located within Tennessee; or (vi) Used in clinical trials for drugs approved by the food and drug administration;
(i) To be used for a second opinion requested by a Tennessee licensed medical doctor or osteopathic physician;
(ii) To be used by an out-of-state physician for treatment of a person who is seeking treatment out of Tennessee;
(iii) Used to determine if such patient is covered by insurance;
(iv) Used by a physician in another state to provide occasional academic consultations to a medical school located in Tennessee;
(v) Used by insurance or related companies for risk evaluation, utilization review, claims processing and/or evaluation of claimants' rehabilitation, including establishing and administering rehabilitation plans. The establishing and administering of such rehabilitation plans shall not include the diagnosis and/or treatment of persons physically located within Tennessee; or
(vi) Used in clinical trials for drugs approved by the food and drug administration;
(C) This subdivision (b)(23) does not apply to research hospitals, as defined in § 63-6-204(f)(7)(I) ;
(D) This subdivision (b)(23) only applies to X-rays and medical imaging.
(c) (1) In enforcing this section, the board shall, upon probable cause, have authority to compel an applicant or licensee to submit to a mental and/or physical examination by a designated committee of at least three (3) practicing physicians, including a psychiatrist where a question of mental condition is involved. (2) Failure of an applicant or a licensee to submit to such examination when ordered shall constitute an admission of the allegations against the applicant or licensee, unless such failure was due to circumstances beyond the applicant's or licensee's control. (3) The applicant or licensee may have an independent medical practitioner present during such examination. (4) The committee will submit a report of its findings to the board, which will then hold a hearing as provided in this section.
(1) In enforcing this section, the board shall, upon probable cause, have authority to compel an applicant or licensee to submit to a mental and/or physical examination by a designated committee of at least three (3) practicing physicians, including a psychiatrist where a question of mental condition is involved.
(2) Failure of an applicant or a licensee to submit to such examination when ordered shall constitute an admission of the allegations against the applicant or licensee, unless such failure was due to circumstances beyond the applicant's or licensee's control.
(3) The applicant or licensee may have an independent medical practitioner present during such examination.
(4) The committee will submit a report of its findings to the board, which will then hold a hearing as provided in this section.
(d) All proceedings for disciplinary action against a licensee under this chapter shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(e) (1) In addition to the powers and duties expressly granted by this chapter in the matter of suspension or revocation of a license or certificate, the board is authorized and empowered to petition any circuit or chancery court having jurisdiction to enjoin any person who is practicing or attempting to practice osteopathy without possessing a valid license so to practice and to enjoin any unauthorized person, firm or corporation from performing any act or rendering any service in violation of this chapter. (2) Jurisdiction is conferred upon the circuit and chancery courts of the state to hear and determine such causes as chancery causes and to exercise full and complete jurisdiction in such injunctive proceedings.
(1) In addition to the powers and duties expressly granted by this chapter in the matter of suspension or revocation of a license or certificate, the board is authorized and empowered to petition any circuit or chancery court having jurisdiction to enjoin any person who is practicing or attempting to practice osteopathy without possessing a valid license so to practice and to enjoin any unauthorized person, firm or corporation from performing any act or rendering any service in violation of this chapter.
(2) Jurisdiction is conferred upon the circuit and chancery courts of the state to hear and determine such causes as chancery causes and to exercise full and complete jurisdiction in such injunctive proceedings.
(f) The board shall at all times have the power to call upon the district attorneys general in the various judicial districts to assist the board, and it is hereby declared to be the duty of all district attorneys general throughout the state to assist the board, upon its request, in any suit for injunction or prosecution instituted by the board without charge or additional compensation to the district attorneys general. The attorney general and reporter and the attorney general and reporter's assistants shall serve as legal advisers to the board.
(g) The board, on its own motion, may investigate any report that an osteopathic physician is or may be in violation of subsection (b). Any osteopathic physician, any medical society or any other person who in good faith shall report to the board any information that an osteopathic physician is or may be in violation of subsection (b) shall not be subject to suit for civil damage as a result thereof.
(h) The board, pursuant to duly promulgated rules, may, whenever a final order is issued after a disciplinary contested case hearing that contains findings that a licensee or other person has violated any provision of this chapter, assess the costs directly related to the prosecution of the case against the licensee or person.
Acts 1939, ch. 150, § 1; mod. C. Supp. 1950, § 7008.1; Acts 1963, ch. 211, § 3; 1976, ch. 727, § 9; T.C.A. (orig. ed.), § 63-912; Acts 1982, ch. 948, § 4; 1985, ch. 120, § 11; 1996, ch. 1042, §§4, 5; 1997 , ch. 175, § 1; 1999, ch. 340, §§ 2 - 4; 2004, ch. 715, §2; 2010 , ch. 952, §3; 2012 , ch. 798, §42; 2012 , ch. 848, § 74.
Tenn. Code Ann. § 63-19-105 — TN Code / Title 63 / Chapter 19 / Section 63-19-105
Qualifications and licensure
Status: in_force

(a) (1) An individual shall not represent to be or function as a physician assistant under this part unless the individual holds a valid physician assistant license or temporary license issued by the board. The board shall not license an individual as a physician assistant unless the individual: (A) Has successfully completed a physician assistant educational program accredited by the Accreditation Review Commission on Education for the Physician Assistant, Inc., or its successor accrediting agency or, prior to 2001, by the Committee on Allied Health Education and Accreditation or the Commission on Accreditation of Allied Health Education Programs; (B) Has passed the examination of the National Commission on Certification of Physician Assistants, or its successor agency; (C) Submits an application on forms approved by the board; (D) Pays the appropriate fees as determined by the board; (E) Is mentally and physically able to engage safely in practice as a physician assistant; (F) Has no license as a physician assistant under current discipline, revocation, suspension, or probation for cause resulting from the applicant's practice as a physician assistant, unless the board considers the condition and agrees to licensure; and (G) Submits to the board other information the board deems necessary to evaluate the applicant's qualifications. (2) Notwithstanding subdivisions (a)(1)(A) and (B), the board may license a person qualified as a physician assistant prior to April 26, 1983, and who has continued to represent to be or functioned as a physician assistant since that time. However, the board shall not license any person as a physician assistant after July 1, 1991, unless the person meets the requirements of subdivisions (a)(1)(A) and (B); provided, the board may continue to issue license renewals to any person who was licensed as a physician assistant prior to July 1, 1991. (b) (1) An individual licensed, registered, or certified as a physician assistant in another jurisdiction may be licensed as a physician assistant by the board if the individual meets the requirements and standards of this part. The board shall charge an applicant with any reasonable expense incurred by the board in verifying the licensure, registration, or certification by another jurisdiction of the applicant for licensure under this chapter. (2) (A) When the board receives a completed application for licensure from an applicant who is licensed in another jurisdiction, then the board shall, within forty-five (45) days from the date the board receives the completed application: (i) Render a decision on the application; or (ii) Inform the applicant of the need to appear before the board. (B) As used in this subdivision (b)(2), "completed application" means an application that satisfies all statutory and board rule requirements. (c) The board may issue a temporary license to an individual that allows the individual to function as a physician assistant under this part: (1) For a period of twelve (12) months immediately following graduation to allow the individual an opportunity to attempt the examination; (2) For a period of one (1) additional year thereafter in which to attempt and successfully complete the examination if the individual is not successful on the first attempt; or (3) As provided in § 63-1-104 , for an individual who has been out of clinical practice or inactive in their practice for an extended period of time, or who has been or is at the time of their application engaged exclusively in administrative practice. (d) While an individual's application is pending, the board may issue a temporary license to that individual if the individual is licensed, registered, or certified as a physician assistant in another jurisdiction and if the board finds that the application is complete. The temporary license allows the individual to function as a physician assistant under this chapter. A temporary license issued under this subsection (d) is valid for a period of six (6) months and is not renewable. The board may require that an applicant for licensure as a physician assistant appear before the board to answer any questions regarding the applicant's fitness for licensure. (e) (1) The board may authorize any of its members or its consultant to conduct a review of the qualifications of an applicant for a license to practice as a physician assistant in this state and to make an initial determination as to whether the applicant has met all the requirements for licensure. If the board member or board consultant determines that the applicant has met all the requirements for licensure, then the applicant is authorized to practice as a physician assistant in this state until the board makes a final decision on the application for licensure. The board may authorize the use of this procedure with respect to applicants for license renewal or reinstatement as well. A temporary authorization issued pursuant to a determination made by the board member or board consultant must not be effective for longer than a six-month period measured from the date of issuance. The applicant shall not utilize this process more than once. (2) If temporary authorization pursuant to subdivision (e)(1) is issued to an applicant for a license to practice as a physician assistant in this state and if the subsequent decision of the board is to deny the application based upon a good faith determination that the applicant has not, in fact, complied with all the requirements for licensure, then the doctrine of estoppel does not apply against the state based upon its issuance of temporary authorization and its subsequent denial of licensure. (3) Notwithstanding a law to the contrary, a person serving as a consultant solely for the board of medical examiners' committee on physician assistants, and not for any other board or committee, as of January 1, 2021, may continue to serve as a consultant for the board of physician assistants until such time that the board of physician assistants decides otherwise. Amended by 2023 Tenn. Acts, ch. 443, s 5, eff. 5/22/2023. Amended by 2021 Tenn. Acts, ch. 565, s 6, eff. 5/26/2021. Acts 1985, ch. 376, § 1; T.C.A., § 63-19-205 ; Acts 1989, ch. 194, § 2; 1991, ch. 122, §§ 1-3, 6; 1993, ch. 247, § 1; 1995, ch. 16, §§ 4, 5; 1996, ch. 738, § 2; 1997 , ch. 207, §§ 5, 6.
(a) (1) An individual shall not represent to be or function as a physician assistant under this part unless the individual holds a valid physician assistant license or temporary license issued by the board. The board shall not license an individual as a physician assistant unless the individual: (A) Has successfully completed a physician assistant educational program accredited by the Accreditation Review Commission on Education for the Physician Assistant, Inc., or its successor accrediting agency or, prior to 2001, by the Committee on Allied Health Education and Accreditation or the Commission on Accreditation of Allied Health Education Programs; (B) Has passed the examination of the National Commission on Certification of Physician Assistants, or its successor agency; (C) Submits an application on forms approved by the board; (D) Pays the appropriate fees as determined by the board; (E) Is mentally and physically able to engage safely in practice as a physician assistant; (F) Has no license as a physician assistant under current discipline, revocation, suspension, or probation for cause resulting from the applicant's practice as a physician assistant, unless the board considers the condition and agrees to licensure; and (G) Submits to the board other information the board deems necessary to evaluate the applicant's qualifications. (2) Notwithstanding subdivisions (a)(1)(A) and (B), the board may license a person qualified as a physician assistant prior to April 26, 1983, and who has continued to represent to be or functioned as a physician assistant since that time. However, the board shall not license any person as a physician assistant after July 1, 1991, unless the person meets the requirements of subdivisions (a)(1)(A) and (B); provided, the board may continue to issue license renewals to any person who was licensed as a physician assistant prior to July 1, 1991.
(1) An individual shall not represent to be or function as a physician assistant under this part unless the individual holds a valid physician assistant license or temporary license issued by the board. The board shall not license an individual as a physician assistant unless the individual: (A) Has successfully completed a physician assistant educational program accredited by the Accreditation Review Commission on Education for the Physician Assistant, Inc., or its successor accrediting agency or, prior to 2001, by the Committee on Allied Health Education and Accreditation or the Commission on Accreditation of Allied Health Education Programs; (B) Has passed the examination of the National Commission on Certification of Physician Assistants, or its successor agency; (C) Submits an application on forms approved by the board; (D) Pays the appropriate fees as determined by the board; (E) Is mentally and physically able to engage safely in practice as a physician assistant; (F) Has no license as a physician assistant under current discipline, revocation, suspension, or probation for cause resulting from the applicant's practice as a physician assistant, unless the board considers the condition and agrees to licensure; and (G) Submits to the board other information the board deems necessary to evaluate the applicant's qualifications.
(A) Has successfully completed a physician assistant educational program accredited by the Accreditation Review Commission on Education for the Physician Assistant, Inc., or its successor accrediting agency or, prior to 2001, by the Committee on Allied Health Education and Accreditation or the Commission on Accreditation of Allied Health Education Programs;
(B) Has passed the examination of the National Commission on Certification of Physician Assistants, or its successor agency;
(C) Submits an application on forms approved by the board;
(D) Pays the appropriate fees as determined by the board;
(E) Is mentally and physically able to engage safely in practice as a physician assistant;
(F) Has no license as a physician assistant under current discipline, revocation, suspension, or probation for cause resulting from the applicant's practice as a physician assistant, unless the board considers the condition and agrees to licensure; and
(G) Submits to the board other information the board deems necessary to evaluate the applicant's qualifications.
(2) Notwithstanding subdivisions (a)(1)(A) and (B), the board may license a person qualified as a physician assistant prior to April 26, 1983, and who has continued to represent to be or functioned as a physician assistant since that time. However, the board shall not license any person as a physician assistant after July 1, 1991, unless the person meets the requirements of subdivisions (a)(1)(A) and (B); provided, the board may continue to issue license renewals to any person who was licensed as a physician assistant prior to July 1, 1991.
(b) (1) An individual licensed, registered, or certified as a physician assistant in another jurisdiction may be licensed as a physician assistant by the board if the individual meets the requirements and standards of this part. The board shall charge an applicant with any reasonable expense incurred by the board in verifying the licensure, registration, or certification by another jurisdiction of the applicant for licensure under this chapter. (2) (A) When the board receives a completed application for licensure from an applicant who is licensed in another jurisdiction, then the board shall, within forty-five (45) days from the date the board receives the completed application: (i) Render a decision on the application; or (ii) Inform the applicant of the need to appear before the board. (B) As used in this subdivision (b)(2), "completed application" means an application that satisfies all statutory and board rule requirements.
(1) An individual licensed, registered, or certified as a physician assistant in another jurisdiction may be licensed as a physician assistant by the board if the individual meets the requirements and standards of this part. The board shall charge an applicant with any reasonable expense incurred by the board in verifying the licensure, registration, or certification by another jurisdiction of the applicant for licensure under this chapter.
(2) (A) When the board receives a completed application for licensure from an applicant who is licensed in another jurisdiction, then the board shall, within forty-five (45) days from the date the board receives the completed application: (i) Render a decision on the application; or (ii) Inform the applicant of the need to appear before the board. (B) As used in this subdivision (b)(2), "completed application" means an application that satisfies all statutory and board rule requirements.
(A) When the board receives a completed application for licensure from an applicant who is licensed in another jurisdiction, then the board shall, within forty-five (45) days from the date the board receives the completed application: (i) Render a decision on the application; or (ii) Inform the applicant of the need to appear before the board.
(i) Render a decision on the application; or
(ii) Inform the applicant of the need to appear before the board.
(B) As used in this subdivision (b)(2), "completed application" means an application that satisfies all statutory and board rule requirements.
(c) The board may issue a temporary license to an individual that allows the individual to function as a physician assistant under this part: (1) For a period of twelve (12) months immediately following graduation to allow the individual an opportunity to attempt the examination; (2) For a period of one (1) additional year thereafter in which to attempt and successfully complete the examination if the individual is not successful on the first attempt; or (3) As provided in § 63-1-104 , for an individual who has been out of clinical practice or inactive in their practice for an extended period of time, or who has been or is at the time of their application engaged exclusively in administrative practice.
(1) For a period of twelve (12) months immediately following graduation to allow the individual an opportunity to attempt the examination;
(2) For a period of one (1) additional year thereafter in which to attempt and successfully complete the examination if the individual is not successful on the first attempt; or
(3) As provided in § 63-1-104 , for an individual who has been out of clinical practice or inactive in their practice for an extended period of time, or who has been or is at the time of their application engaged exclusively in administrative practice.
(d) While an individual's application is pending, the board may issue a temporary license to that individual if the individual is licensed, registered, or certified as a physician assistant in another jurisdiction and if the board finds that the application is complete. The temporary license allows the individual to function as a physician assistant under this chapter. A temporary license issued under this subsection (d) is valid for a period of six (6) months and is not renewable. The board may require that an applicant for licensure as a physician assistant appear before the board to answer any questions regarding the applicant's fitness for licensure.
(e) (1) The board may authorize any of its members or its consultant to conduct a review of the qualifications of an applicant for a license to practice as a physician assistant in this state and to make an initial determination as to whether the applicant has met all the requirements for licensure. If the board member or board consultant determines that the applicant has met all the requirements for licensure, then the applicant is authorized to practice as a physician assistant in this state until the board makes a final decision on the application for licensure. The board may authorize the use of this procedure with respect to applicants for license renewal or reinstatement as well. A temporary authorization issued pursuant to a determination made by the board member or board consultant must not be effective for longer than a six-month period measured from the date of issuance. The applicant shall not utilize this process more than once. (2) If temporary authorization pursuant to subdivision (e)(1) is issued to an applicant for a license to practice as a physician assistant in this state and if the subsequent decision of the board is to deny the application based upon a good faith determination that the applicant has not, in fact, complied with all the requirements for licensure, then the doctrine of estoppel does not apply against the state based upon its issuance of temporary authorization and its subsequent denial of licensure. (3) Notwithstanding a law to the contrary, a person serving as a consultant solely for the board of medical examiners' committee on physician assistants, and not for any other board or committee, as of January 1, 2021, may continue to serve as a consultant for the board of physician assistants until such time that the board of physician assistants decides otherwise.
(1) The board may authorize any of its members or its consultant to conduct a review of the qualifications of an applicant for a license to practice as a physician assistant in this state and to make an initial determination as to whether the applicant has met all the requirements for licensure. If the board member or board consultant determines that the applicant has met all the requirements for licensure, then the applicant is authorized to practice as a physician assistant in this state until the board makes a final decision on the application for licensure. The board may authorize the use of this procedure with respect to applicants for license renewal or reinstatement as well. A temporary authorization issued pursuant to a determination made by the board member or board consultant must not be effective for longer than a six-month period measured from the date of issuance. The applicant shall not utilize this process more than once.
(2) If temporary authorization pursuant to subdivision (e)(1) is issued to an applicant for a license to practice as a physician assistant in this state and if the subsequent decision of the board is to deny the application based upon a good faith determination that the applicant has not, in fact, complied with all the requirements for licensure, then the doctrine of estoppel does not apply against the state based upon its issuance of temporary authorization and its subsequent denial of licensure.
(3) Notwithstanding a law to the contrary, a person serving as a consultant solely for the board of medical examiners' committee on physician assistants, and not for any other board or committee, as of January 1, 2021, may continue to serve as a consultant for the board of physician assistants until such time that the board of physician assistants decides otherwise.
Amended by 2023 Tenn. Acts, ch. 443, s 5, eff. 5/22/2023.
Amended by 2021 Tenn. Acts, ch. 565, s 6, eff. 5/26/2021.
Acts 1985, ch. 376, § 1; T.C.A., § 63-19-205 ; Acts 1989, ch. 194, § 2; 1991, ch. 122, §§ 1-3, 6; 1993, ch. 247, § 1; 1995, ch. 16, §§ 4, 5; 1996, ch. 738, § 2; 1997 , ch. 207, §§ 5, 6.
Tenn. Code Ann. § 63-1-317 — TN Code / Title 63 / Chapter 1 / Section 63-1-317
Unlawful operation of pain management clinic - Investigation - Injunctive relief - Civil penalty
Status: in_force

(a) An entity or person who operates a pain management clinic without obtaining a license pursuant to this part commits a Class A misdemeanor. Each day of operation without a license constitutes a separate offense. (b) The commissioner of health may authorize an investigation of any person or entity to the extent necessary to determine if the person or entity is engaged in the unlawful operation of a pain management clinic. (c) The commissioner may, through the office of the attorney general and reporter, apply for injunctive relief in any court of competent jurisdiction to enjoin any person from committing an act in violation of this part. Injunctive proceedings are in addition to, and not in lieu of, all penalties and other remedies prescribed in this part. (d) A person who aids or requires another person to violate this part or rules promulgated pursuant to this part, who permits a license issued by the commissioner to be used by any person other than the licensee, or who acts to violate or evade this part or rules promulgated pursuant to this part is subject to a civil penalty of not more than five thousand dollars ($5,000) for each violation. Each day in violation of this part constitutes a separate violation. Added by 2016 Tenn. Acts, ch. 1033,s 3, eff. 7/1/2017.
(a) An entity or person who operates a pain management clinic without obtaining a license pursuant to this part commits a Class A misdemeanor. Each day of operation without a license constitutes a separate offense.
(b) The commissioner of health may authorize an investigation of any person or entity to the extent necessary to determine if the person or entity is engaged in the unlawful operation of a pain management clinic.
(c) The commissioner may, through the office of the attorney general and reporter, apply for injunctive relief in any court of competent jurisdiction to enjoin any person from committing an act in violation of this part. Injunctive proceedings are in addition to, and not in lieu of, all penalties and other remedies prescribed in this part.
(d) A person who aids or requires another person to violate this part or rules promulgated pursuant to this part, who permits a license issued by the commissioner to be used by any person other than the licensee, or who acts to violate or evade this part or rules promulgated pursuant to this part is subject to a civil penalty of not more than five thousand dollars ($5,000) for each violation. Each day in violation of this part constitutes a separate violation.
Added by 2016 Tenn. Acts, ch. 1033,s 3, eff. 7/1/2017.
Tenn. Code Ann. § 63-9-102 — TN Code / Title 63 / Chapter 9 / Section 63-9-102
Meetings and records of board
Status: in_force

(a) The board shall meet at the call of the president and at such other times and places as a majority of the board may appoint. (b) Four (4) members of the board shall constitute a quorum, but no certificates of fitness to practice osteopathic medicine shall be granted on an affirmative vote of less than three (3). (c) The board shall keep a record of its proceedings and a register of all applicants for certificates of fitness, giving the name and location of the institution granting the applicant the degree of doctor of or diploma in osteopathic medicine, the date of the applicant's diploma and also stating whether the applicant was rejected or a certificate granted. The books and register shall be prima facie evidence of all matters recorded therein. Acts 1905, ch. 255, § 1; Shan., § 3654a4; mod. Code 1932, §7003; Acts 1939, ch. 150, § 1; impl. am. Acts 1947, ch. 9, §§2-4, 9; C. Supp. 1950, § 7003; Acts 1976, ch. 727, § 2; T.C.A. (orig. ed.), § 63-902; Acts 1994, ch. 901, § 4; 1996, ch. 1042, § 3.
(a) The board shall meet at the call of the president and at such other times and places as a majority of the board may appoint.
(b) Four (4) members of the board shall constitute a quorum, but no certificates of fitness to practice osteopathic medicine shall be granted on an affirmative vote of less than three (3).
(c) The board shall keep a record of its proceedings and a register of all applicants for certificates of fitness, giving the name and location of the institution granting the applicant the degree of doctor of or diploma in osteopathic medicine, the date of the applicant's diploma and also stating whether the applicant was rejected or a certificate granted. The books and register shall be prima facie evidence of all matters recorded therein.
Acts 1905, ch. 255, § 1; Shan., § 3654a4; mod. Code 1932, §7003; Acts 1939, ch. 150, § 1; impl. am. Acts 1947, ch. 9, §§2-4, 9; C. Supp. 1950, § 7003; Acts 1976, ch. 727, § 2; T.C.A. (orig. ed.), § 63-902; Acts 1994, ch. 901, § 4; 1996, ch. 1042, § 3.
Tenn. Code Ann. § 63-10-204 — TN Code / Title 63 / Chapter 10 / Section 63-10-204
Definitions
Status: in_force

As used in parts 2-5 of this chapter, unless the context otherwise requires: (1) "Administer" means the direct application of a drug to a patient or research subject by injection, inhalation, ingestion, topical application or by any other means; (2) "Board" means the Tennessee board of pharmacy; (3) "Certification" means a voluntary process by which a practitioner's training, experience and knowledge are identified as meeting or surpassing a standard, defined or approved by the board beyond that required for licensure or registration; (4) "Collaborative pharmacy practice" is the practice of pharmacy whereby one (1) or more licensed pharmacists licensed in this state, jointly and voluntarily work with one (1) or more prescribers licensed in this state, under a collaborative pharmacy practice agreement to provide patient care services, to achieve optimal medication use and desired patient outcomes; (5) "Collaborative pharmacy practice agreement" is a written and signed agreement entered into voluntarily between one (1) or more licensed pharmacists in this state, and one (1) or more prescribers licensed in this state, each of whom is in active practice in this state providing patient care services in this state, that provides for collaborative pharmacy practice, as defined by law; (6) "Compounding" means the preparation, mixing, assembling, packaging or labeling of a drug or device: (A) As the result of a prescription order or initiative based on the prescriber-patient-pharmacist relationship in the course of professional practice; (B) In anticipation of prescription orders based on routine, regularly observed prescribing patterns; (C) For the purpose of, or as an incident to, research, teaching or chemical analysis and not for sale or dispensing; (D) For use in a licensed prescribing practitioner's office for administration to the prescribing practitioner's patient or patients when the product is not commercially available upon receipt of an order from the prescriber; (E) For use in a health care facility for administration to a patient or patients receiving treatment or services provided by that facility when the product is not commercially available upon receipt of an order from an authorized licensed medical practitioner of the facility; (F) For use by emergency medical services for administration to a patient or patients receiving services from them under authorized medical control when the product is not commercially available upon receipt of an order from a licensed prescriber authorized to provide medical control; or (G) For use by a licensed veterinarian for administration to their nonhuman patient or patients or for dispensing to nonhuman patients in the course of the practice of veterinary medicine upon receipt of an order from a veterinarian when the product is not commercially available. (7) "Continuing education" means planned, organized learning experiences and activities beyond the basic educational or preparatory program. These learning experiences and activities are designed to promote the continuous development of skills, attitudes and knowledge necessary to maintain proficiency, provide quality service or products, be responsive to needs and keep abreast of significant change; (8) "Continuous quality improvement program" means a system of standards and procedures to identify and evaluate quality-related events and to improve patient care; (9) "Controlled substance" means a drug, substance or immediate precursor identified, defined or listed in title 39, chapter 17, part 4 and title 53, chapter 11; (10) "Deliver" or "delivery" means the actual, constructive or attempted transfer from one person to another whether or not there is an agency relationship; (11) "Device" means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent or other similar or related article, including any component part or accessory, that is required under federal or state law to be ordered or prescribed by a person duly authorized; (12) "Dietary supplement" means a product, other than tobacco, intended to supplement the diet that bears or contains one (1) or more of the following ingredients: a vitamin, mineral, herb or other botanical, amino acid, dietary substance for use by humans to supplement the diet by increasing the total dietary intake, or a concentrate, metabolite, constituent, extract or combination of any of these ingredients and any other products designated as dietary supplements by federal or state law; (13) "Director" means the director of the health related boards; (14) "Dispense" means preparing, packaging, compounding or labeling for delivery and actual delivery of a prescription drug, nonprescription drug or device in the course of professional practice to a patient or the patient's agent, to include a licensed health care practitioner or a health care facility providing services or treatment to the patient or patients, by or pursuant to the lawful order of a prescriber; (15) "Distribute" or "distribution" means the sale, purchase, trade, delivery, handling, storage, or receipt of a product or the arrangement of the sale, purchase, trade, delivery, handling, storage, or receipt of a product through third parties; provided, that "distribute" or "distribution" does not include dispensing or administering a product pursuant to a prescription, medical order, or an over-the-counter order. For the purposes of this part, transfers and sales of drugs or devices from one (1) licensed pharmacy to another shall not constitute distribution of drugs or devices; (16) "Distributor" means a person engaged in the distribution of drugs or devices; provided, that "distributor" does not include licensed wholesale distributors or licensed third-party logistics providers; (17) "Division" means the division of health related boards; (18) "Doctor of pharmacy" means a person duly licensed by the board to engage in the practice of pharmacy. "Doctor of pharmacy" and "pharmacist" shall be used interchangeably within parts 4-6 of this chapter and, any other provision of Tennessee Code Annotated and in any rule or regulation promulgated by the state and its agencies; (19) "Drug" means any of the following: (A) Articles recognized as drugs or drug products in any official compendium or supplement thereto; (B) Articles, other than food, intended to affect the structure or function of the body of humans or other animals; (C) Articles, including radioactive substances, intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or other animals; or (D) Articles intended for use as a component of any articles specified in this subdivision (19); (20) "Executive director" means the executive director of the Tennessee board of pharmacy; (21) "Label" means any written, printed or graphic matter on the immediate container of a drug or device; (22) "Labeling" means the process of affixing all labels and other written, printed or graphic matter: (A) Upon any article or any of its containers or wrappers; or (B) Accompanying such article; (23) "Licensure" means the process by which an agency of government grants permission to an individual to engage in a given occupation upon finding that the applicant has attained the minimal degree of competency necessary to ensure that the public health, safety and welfare will be reasonably protected; (24) "Manufacturer" means any person, except a pharmacist compounding in the normal course of professional practice, engaged in the commercial production, preparation, propagation, conversion or processing of a drug, either directly or indirectly, by extraction from substances of natural origin or independently by means of chemical synthesis, or both, and includes any packaging or repackaging of a drug or the labeling or relabeling of its container and the promotion and marketing of such drugs or devices; (25) "Medical order" means a lawful order of a prescriber for a specific patient that may or may not include a prescription order, such orders subject to rules and regulations as may be promulgated from time to time by the respective boards that license the persons who are authorized to prescribe drugs; (26) "Medication therapy management program" means the distinct pharmacist-provided service or group of services that optimize therapeutic outcomes for individual patients. Medication therapy management services are independent of but can occur in conjunction with the provision of a medication product; (27) "Nonprescription device" means a device that may be sold or dispensed without a prescription order and that is labeled and packaged in compliance with applicable state or federal law; (28) "Nonprescription drug" means a drug that may be sold or dispensed without a prescription and that is labeled and packaged in compliance with applicable state or federal law; (29) "Outsourcing facility" means a facility engaged in the compounding of sterile drugs that has elected to register as an outsourcing facility with the U.S. food and drug administration and that complies with all relevant federal laws and regulations; (30) "Patient education" means the communication of information to the patient or caregiver by the pharmacist; (31) "Patient profile" means a written or electronic record of individual patient information, created in a pharmacy practice, for use by a pharmacist in the provision of pharmacy patient care services, including drug use review and patient counseling requirements. The profile may include, but is not limited to, demographic information, medical history, medication and devices utilized, testing results and pharmacist comments; (32) "Peer review committee" or "pharmacist review committee" means any committee, board, commission or other entity of any national, state or local professional association or society, including an impaired pharmacist peer review committee, a drug utilization review committee or a committee of any pharmacy benefits management organization, health care provider network, licensed health care institution or any health care organization, system or foundation, the function of which, or one of the functions of which, is to review, evaluate and improve the quality of pharmacy-related services provided by pharmacists or pharmacy auxiliary personnel, to provide intervention, support or rehabilitative referrals or services or to determine that pharmacy-related services rendered by pharmacists or pharmacy auxiliary personnel were professionally indicated or were performed in compliance with applicable quality standards, or that the cost of pharmacy-related services rendered by pharmacists or pharmacy auxiliary personnel was reasonable; (33) "Person" means any individual, partnership, association, corporation and the state, its departments, agencies and employees, and the political subdivisions of Tennessee and their departments, agencies and employees, except the department of health and local health departments; (34) "Pharmacist" means an individual health care provider licensed by the state, pursuant to parts 4-6 of this chapter, to practice the profession of pharmacy; (35) "Pharmacist-in-charge" means the supervisory pharmacist who has the authority and responsibility for compliance with laws and rules pertaining to the practice of pharmacy at the practice site of the pharmacist-in-charge; (36) "Pharmacy" means a location licensed by this state where drugs are compounded or dispensed under the supervision of a pharmacist, as defined in the rules of the board and where prescription orders are received or processed; (37) "Pharmacy intern" means an individual enrolled in or a graduate of a recognized school or college of pharmacy under rules established by the board who is serving a period of time of practical experience under the supervision of a pharmacist, as defined in the rules of the board; (38) "Pharmacy technician" means an individual who is specifically trained and designated to assist a pharmacist and may perform tasks delegated by the pharmacist, including participation in drug, dietary supplement and device selection, storage, and distribution and administration, consistent with the pharmacy technician's education, training, and experience, as defined by rules promulgated by the board; (39) (A) "Practice of pharmacy" means a patient-oriented health service profession in which pharmacists interact and consult with patients and other health care professionals to enhance patients' wellness, prevent illness, and optimize outcomes. The practice involves: (i) Interpretation, evaluation and implementation of medical orders and prescription orders; (ii) Responsibility for compounding and dispensing prescription orders, including radioactive substances; (iii) Participation in drug, dietary supplement and device selection, storage, distribution and administration; (iv) Drug evaluation, utilization or regimen review; (v) Maintenance of patient profiles and other pharmacy records; (vi) Provision of patient education and counseling; (vii) Provision of patient care services and activities pursuant to a collaborative pharmacy practice agreement; (viii) Drug or drug-related research; and (ix) Those professional acts, professional decisions or professional services necessary to maintain all areas of a patient's pharmacist-provided care; (B) Nothing in this chapter authorizes a pharmacist to order laboratory tests or prescribe any prescription drugs except pursuant to a medical order by the attending prescriber for each patient or pursuant to a collaborative pharmacy practice agreement jointly agreed upon by a pharmacist or pharmacists and a prescriber or prescribers; provided, that pharmacists are authorized to conduct and assist patients with tests approved for home use. Pharmacists may convey orders for laboratory tests when authorized by the attending prescriber and may prescribe prescription drugs when required to carry out a medical order or perform activities pursuant to a collaborative pharmacy practice agreement when authorized by the attending prescriber; (C) Notwithstanding subdivision (39)(B), "practice of pharmacy" includes the issuing of a prescription or medical order of the following drugs, drug categories, or devices, excluding controlled substances, that are issued in accordance with the product's federal food and drug administration-approved labeling or guidelines of the federal centers for disease control and prevention that are limited to: (i) Antivirals for influenza and COVID-19 that are waived under the federal Clinical Laboratory Improvement Amendments of 1988 (CLIA) ( 42 U.S.C. § 263a ), upon completion of a test that is used to guide diagnosis or clinical decision-making; (ii) Agents for active immunization when prescribed for susceptible persons for the protection from communicable disease for individuals who are eighteen (18) years of age and older, and agents for active immunization for influenza and COVID-19 for individuals who are three (3) to seventeen (17) years of age; provided, that pharmacists shall comply with recordkeeping and reporting requirements, including, but not limited to: (a) Informing the patient's primary care provider, if the patient identifies a primary care provider; (b) Submitting the required immunization information to this state's vaccine registry; (c) Complying with requirements related to reporting adverse events; and (d) Reviewing the patient's vaccine history, if any, through this state's vaccine registry or other vaccination records prior to administering a vaccine; (iii) Post-exposure prophylaxis for nonoccupational exposure to HIV infection, and the ordering of lab tests in conjunction with initiation of therapy; (iv) Epinephrine auto-injectors for patients with a documented history of allergies or anaphylactic reactions; (v) Progesterone-only hormonal contraceptives; (vi) Naloxone; (vii) Topical fluoride agents when prescribed according to the American Dental Association's recommendations for persons whose drinking water is proven to have a fluoride content below the United States department of health and human services' recommended concentration; and (viii) Tuberculin purified protein derivative products in compliance with current statutory reporting requirements; (D) The standard of care for a pharmacist providing the services listed in subdivision (39)(C) is the same standard of care as a physician ordering or providing the same service; (E) Issuing a prescription or medical order pursuant to subdivision (39)(C) is not considered the "practice of medicine" as defined in § 63-6-204 ; (40) "Prescriber" means an individual authorized by law to prescribe drugs; (41) "Prescription drug" means a drug that under federal or state law is required to be dispensed only pursuant to a prescription order or is restricted to use by prescribers and that under federal law must be labeled with either the symbol "Rx only" or the statement "Caution: Federal law restricts this drug to use by, or on the order of, a licensed veterinarian"; (42) (A) (i) "Prescription order" means and includes any order, communicated through written, verbal, or electronic means by a physician, certified physician assistant, pharmacist in accordance with a collaborative pharmacy practice agreement pursuant to this section, dentist, veterinarian, optometrist authorized pursuant to § 63-8-102(12) , or other allied medical practitioner, for any drug, device, or treatment; (ii) "Prescription order" means and includes any order, communicated through written, verbal, or electronic means by a nurse authorized pursuant to § 63-6-204 , who is prescribing in collaboration with and under the control and responsibility of a licensed physician, and who meets the requirements pursuant to § 63-7-207(14) ; (B) Nothing in this chapter shall prohibit the verbal communication to a pharmacist of a direct order for a prescription from a physician, registered nurse, licensed practical nurse or physician assistant pursuant to § 63-6-204 , or dentist, veterinarian, optometrist authorized pursuant to § 63-8-102(12) , or other allied medical practitioner by a pharmacist pursuant to § 63-9-113 nor shall this chapter prohibit verbal communication of a direct order for a prescription from one (1) pharmacist to another when ordered pursuant to a collaborative pharmacy practice agreement; (C) Nothing in this chapter shall require an advanced practice registered nurse specializing as a certified registered nurse anesthetist (CRNA) to obtain authorization to prescribe pursuant to § 63-7-123 in order to select, order, or administer appropriate drugs during services ordered by a physician, dentist, or podiatrist and provided by a CRNA in collaboration with the ordering physician, dentist, or podiatrist that are within the scope of practice of the CRNA and authorized by clinical privileges granted by the medical staff of the facility. Such an order by a CRNA for drugs shall only be valid for dispensing for administration at the facility where the anesthesia services are being provided; (43) "Provider" or "necessary health care provider" includes a pharmacist who provides health care services within the scope of pharmacy practice; (44) "Quality assurance program" means a system for identifying problems in patient care that are resolved via administrative, clinical or educational actions to ensure that final products and outcomes meet applicable specifications; (45) "Quality-related event" means the inappropriate dispensing or administration of a prescribed medication, including, but not limited to: (A) A variation from the prescriber's medical or prescription order, including, but not limited to: (i) Dispensing an incorrect drug; (ii) Dispensing an incorrect drug strength; (iii) Dispensing an incorrect dosage form; (iv) Dispensing the drug to the wrong patient; and (v) Providing inadequate or incorrect packaging, labeling or directions for use; and (B) Failure to identify, prevent, resolve and manage potential and actual drug and drug-related problems, including, but not limited to: (i) Over-utilization and under-utilization; (ii) Therapeutic duplication; (iii) Drug-age contraindications; (iv) Drug-allergy contraindications; (v) Drug-disease contraindications; (vi) Drug-gender contraindications; (vii) Drug-drug interactions; (viii) Incorrect drug dosage; (ix) Incorrect duration of drug therapy; and (x) Clinical abuse or misuse; (46) "Third-party logistics provider" means a person who provides or coordinates warehousing or other logistics services of a drug or device on behalf of a manufacturer, wholesale distributor, or dispenser of the drug or device, but does not take ownership of the drug or device, nor has responsibility to direct the sale or disposition of the drug or device; (47) "Unprofessional conduct" means the conduct of a pharmacist, pharmacy intern or pharmacy technician that is detrimental to patients or to the profession of pharmacy; (48) "Wholesale distribution" means the distribution of a drug or device to persons other than the patient or consumer, or the receipt of a drug or device by persons other than the patient or consumer; provided, that "wholesale distribution" does not include the distribution or receipt of products, transactions, or services that are exempted from this definition by rule. For the purposes of this part, transfers and sales of drugs or devices from one licensed pharmacy to another shall not constitute wholesale distribution of drugs or devices; and (49) "Wholesaler" or "wholesale distributor" means a person primarily engaged in the wholesale distribution of drugs or devices; provided, that "wholesaler" or "wholesale distributor" does not include licensed third-party logistics providers. For the purposes of this part, transfers and sales of drugs or devices from one licensed pharmacy to another shall not constitute wholesale distribution of drugs or devices. Amended by 2024 Tenn. Acts, ch. 824,s 1, eff. 5/1/2024. Amended by 2022 Tenn. Acts, ch. 812, s 1, eff. 4/8/2022. Amended by 2018 Tenn. Acts, ch. 617, s 1, eff. 7/1/2018. Amended by 2017 Tenn. Acts, ch. 334, s 6, eff. 7/1/2017. Amended by 2016 Tenn. Acts, ch. 980, s 19, eff. 7/1/2016. Amended by 2015 Tenn. Acts, ch. 513, s 1, eff. 5/20/2015. Amended by 2015 Tenn. Acts, ch. 293, s 3, s 4 eff. 4/24/2015. Amended by 2014 Tenn. Acts, ch. 832, s 2, s 3 eff. 7/1/2014. Amended by 2014 Tenn. Acts, ch. 832, s 1, eff. 7/1/2014. Amended by 2013 Tenn. Acts, ch. 266, s 1, s 2 eff. 4/25/2013. Acts 1996, ch. 651, § 4; T.C.A. § 63-10-404 ; Acts 2006, ch. 768, § 1; 2007 , ch. 407, §§ 2, 3.
As used in parts 2-5 of this chapter, unless the context otherwise requires:
(1) "Administer" means the direct application of a drug to a patient or research subject by injection, inhalation, ingestion, topical application or by any other means;
(2) "Board" means the Tennessee board of pharmacy;
(3) "Certification" means a voluntary process by which a practitioner's training, experience and knowledge are identified as meeting or surpassing a standard, defined or approved by the board beyond that required for licensure or registration;
(4) "Collaborative pharmacy practice" is the practice of pharmacy whereby one (1) or more licensed pharmacists licensed in this state, jointly and voluntarily work with one (1) or more prescribers licensed in this state, under a collaborative pharmacy practice agreement to provide patient care services, to achieve optimal medication use and desired patient outcomes;
(5) "Collaborative pharmacy practice agreement" is a written and signed agreement entered into voluntarily between one (1) or more licensed pharmacists in this state, and one (1) or more prescribers licensed in this state, each of whom is in active practice in this state providing patient care services in this state, that provides for collaborative pharmacy practice, as defined by law;
(6) "Compounding" means the preparation, mixing, assembling, packaging or labeling of a drug or device: (A) As the result of a prescription order or initiative based on the prescriber-patient-pharmacist relationship in the course of professional practice; (B) In anticipation of prescription orders based on routine, regularly observed prescribing patterns; (C) For the purpose of, or as an incident to, research, teaching or chemical analysis and not for sale or dispensing; (D) For use in a licensed prescribing practitioner's office for administration to the prescribing practitioner's patient or patients when the product is not commercially available upon receipt of an order from the prescriber; (E) For use in a health care facility for administration to a patient or patients receiving treatment or services provided by that facility when the product is not commercially available upon receipt of an order from an authorized licensed medical practitioner of the facility; (F) For use by emergency medical services for administration to a patient or patients receiving services from them under authorized medical control when the product is not commercially available upon receipt of an order from a licensed prescriber authorized to provide medical control; or (G) For use by a licensed veterinarian for administration to their nonhuman patient or patients or for dispensing to nonhuman patients in the course of the practice of veterinary medicine upon receipt of an order from a veterinarian when the product is not commercially available.
(A) As the result of a prescription order or initiative based on the prescriber-patient-pharmacist relationship in the course of professional practice;
(B) In anticipation of prescription orders based on routine, regularly observed prescribing patterns;
(C) For the purpose of, or as an incident to, research, teaching or chemical analysis and not for sale or dispensing;
(D) For use in a licensed prescribing practitioner's office for administration to the prescribing practitioner's patient or patients when the product is not commercially available upon receipt of an order from the prescriber;
(E) For use in a health care facility for administration to a patient or patients receiving treatment or services provided by that facility when the product is not commercially available upon receipt of an order from an authorized licensed medical practitioner of the facility;
(F) For use by emergency medical services for administration to a patient or patients receiving services from them under authorized medical control when the product is not commercially available upon receipt of an order from a licensed prescriber authorized to provide medical control; or
(G) For use by a licensed veterinarian for administration to their nonhuman patient or patients or for dispensing to nonhuman patients in the course of the practice of veterinary medicine upon receipt of an order from a veterinarian when the product is not commercially available.
(7) "Continuing education" means planned, organized learning experiences and activities beyond the basic educational or preparatory program. These learning experiences and activities are designed to promote the continuous development of skills, attitudes and knowledge necessary to maintain proficiency, provide quality service or products, be responsive to needs and keep abreast of significant change;
(8) "Continuous quality improvement program" means a system of standards and procedures to identify and evaluate quality-related events and to improve patient care;
(9) "Controlled substance" means a drug, substance or immediate precursor identified, defined or listed in title 39, chapter 17, part 4 and title 53, chapter 11;
(10) "Deliver" or "delivery" means the actual, constructive or attempted transfer from one person to another whether or not there is an agency relationship;
(11) "Device" means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent or other similar or related article, including any component part or accessory, that is required under federal or state law to be ordered or prescribed by a person duly authorized;
(12) "Dietary supplement" means a product, other than tobacco, intended to supplement the diet that bears or contains one (1) or more of the following ingredients: a vitamin, mineral, herb or other botanical, amino acid, dietary substance for use by humans to supplement the diet by increasing the total dietary intake, or a concentrate, metabolite, constituent, extract or combination of any of these ingredients and any other products designated as dietary supplements by federal or state law;
(13) "Director" means the director of the health related boards;
(14) "Dispense" means preparing, packaging, compounding or labeling for delivery and actual delivery of a prescription drug, nonprescription drug or device in the course of professional practice to a patient or the patient's agent, to include a licensed health care practitioner or a health care facility providing services or treatment to the patient or patients, by or pursuant to the lawful order of a prescriber;
(15) "Distribute" or "distribution" means the sale, purchase, trade, delivery, handling, storage, or receipt of a product or the arrangement of the sale, purchase, trade, delivery, handling, storage, or receipt of a product through third parties; provided, that "distribute" or "distribution" does not include dispensing or administering a product pursuant to a prescription, medical order, or an over-the-counter order. For the purposes of this part, transfers and sales of drugs or devices from one (1) licensed pharmacy to another shall not constitute distribution of drugs or devices;
(16) "Distributor" means a person engaged in the distribution of drugs or devices; provided, that "distributor" does not include licensed wholesale distributors or licensed third-party logistics providers;
(17) "Division" means the division of health related boards;
(18) "Doctor of pharmacy" means a person duly licensed by the board to engage in the practice of pharmacy. "Doctor of pharmacy" and "pharmacist" shall be used interchangeably within parts 4-6 of this chapter and, any other provision of Tennessee Code Annotated and in any rule or regulation promulgated by the state and its agencies;
(19) "Drug" means any of the following: (A) Articles recognized as drugs or drug products in any official compendium or supplement thereto; (B) Articles, other than food, intended to affect the structure or function of the body of humans or other animals; (C) Articles, including radioactive substances, intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or other animals; or (D) Articles intended for use as a component of any articles specified in this subdivision (19);
(A) Articles recognized as drugs or drug products in any official compendium or supplement thereto;
(B) Articles, other than food, intended to affect the structure or function of the body of humans or other animals;
(C) Articles, including radioactive substances, intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or other animals; or
(D) Articles intended for use as a component of any articles specified in this subdivision (19);
(20) "Executive director" means the executive director of the Tennessee board of pharmacy;
(21) "Label" means any written, printed or graphic matter on the immediate container of a drug or device;
(22) "Labeling" means the process of affixing all labels and other written, printed or graphic matter: (A) Upon any article or any of its containers or wrappers; or (B) Accompanying such article;
(A) Upon any article or any of its containers or wrappers; or
(B) Accompanying such article;
(23) "Licensure" means the process by which an agency of government grants permission to an individual to engage in a given occupation upon finding that the applicant has attained the minimal degree of competency necessary to ensure that the public health, safety and welfare will be reasonably protected;
(24) "Manufacturer" means any person, except a pharmacist compounding in the normal course of professional practice, engaged in the commercial production, preparation, propagation, conversion or processing of a drug, either directly or indirectly, by extraction from substances of natural origin or independently by means of chemical synthesis, or both, and includes any packaging or repackaging of a drug or the labeling or relabeling of its container and the promotion and marketing of such drugs or devices;
(25) "Medical order" means a lawful order of a prescriber for a specific patient that may or may not include a prescription order, such orders subject to rules and regulations as may be promulgated from time to time by the respective boards that license the persons who are authorized to prescribe drugs;
(26) "Medication therapy management program" means the distinct pharmacist-provided service or group of services that optimize therapeutic outcomes for individual patients. Medication therapy management services are independent of but can occur in conjunction with the provision of a medication product;
(27) "Nonprescription device" means a device that may be sold or dispensed without a prescription order and that is labeled and packaged in compliance with applicable state or federal law;
(28) "Nonprescription drug" means a drug that may be sold or dispensed without a prescription and that is labeled and packaged in compliance with applicable state or federal law;
(29) "Outsourcing facility" means a facility engaged in the compounding of sterile drugs that has elected to register as an outsourcing facility with the U.S. food and drug administration and that complies with all relevant federal laws and regulations;
(30) "Patient education" means the communication of information to the patient or caregiver by the pharmacist;
(31) "Patient profile" means a written or electronic record of individual patient information, created in a pharmacy practice, for use by a pharmacist in the provision of pharmacy patient care services, including drug use review and patient counseling requirements. The profile may include, but is not limited to, demographic information, medical history, medication and devices utilized, testing results and pharmacist comments;
(32) "Peer review committee" or "pharmacist review committee" means any committee, board, commission or other entity of any national, state or local professional association or society, including an impaired pharmacist peer review committee, a drug utilization review committee or a committee of any pharmacy benefits management organization, health care provider network, licensed health care institution or any health care organization, system or foundation, the function of which, or one of the functions of which, is to review, evaluate and improve the quality of pharmacy-related services provided by pharmacists or pharmacy auxiliary personnel, to provide intervention, support or rehabilitative referrals or services or to determine that pharmacy-related services rendered by pharmacists or pharmacy auxiliary personnel were professionally indicated or were performed in compliance with applicable quality standards, or that the cost of pharmacy-related services rendered by pharmacists or pharmacy auxiliary personnel was reasonable;
(33) "Person" means any individual, partnership, association, corporation and the state, its departments, agencies and employees, and the political subdivisions of Tennessee and their departments, agencies and employees, except the department of health and local health departments;
(34) "Pharmacist" means an individual health care provider licensed by the state, pursuant to parts 4-6 of this chapter, to practice the profession of pharmacy;
(35) "Pharmacist-in-charge" means the supervisory pharmacist who has the authority and responsibility for compliance with laws and rules pertaining to the practice of pharmacy at the practice site of the pharmacist-in-charge;
(36) "Pharmacy" means a location licensed by this state where drugs are compounded or dispensed under the supervision of a pharmacist, as defined in the rules of the board and where prescription orders are received or processed;
(37) "Pharmacy intern" means an individual enrolled in or a graduate of a recognized school or college of pharmacy under rules established by the board who is serving a period of time of practical experience under the supervision of a pharmacist, as defined in the rules of the board;
(38) "Pharmacy technician" means an individual who is specifically trained and designated to assist a pharmacist and may perform tasks delegated by the pharmacist, including participation in drug, dietary supplement and device selection, storage, and distribution and administration, consistent with the pharmacy technician's education, training, and experience, as defined by rules promulgated by the board;
(39) (A) "Practice of pharmacy" means a patient-oriented health service profession in which pharmacists interact and consult with patients and other health care professionals to enhance patients' wellness, prevent illness, and optimize outcomes. The practice involves: (i) Interpretation, evaluation and implementation of medical orders and prescription orders; (ii) Responsibility for compounding and dispensing prescription orders, including radioactive substances; (iii) Participation in drug, dietary supplement and device selection, storage, distribution and administration; (iv) Drug evaluation, utilization or regimen review; (v) Maintenance of patient profiles and other pharmacy records; (vi) Provision of patient education and counseling; (vii) Provision of patient care services and activities pursuant to a collaborative pharmacy practice agreement; (viii) Drug or drug-related research; and (ix) Those professional acts, professional decisions or professional services necessary to maintain all areas of a patient's pharmacist-provided care; (B) Nothing in this chapter authorizes a pharmacist to order laboratory tests or prescribe any prescription drugs except pursuant to a medical order by the attending prescriber for each patient or pursuant to a collaborative pharmacy practice agreement jointly agreed upon by a pharmacist or pharmacists and a prescriber or prescribers; provided, that pharmacists are authorized to conduct and assist patients with tests approved for home use. Pharmacists may convey orders for laboratory tests when authorized by the attending prescriber and may prescribe prescription drugs when required to carry out a medical order or perform activities pursuant to a collaborative pharmacy practice agreement when authorized by the attending prescriber; (C) Notwithstanding subdivision (39)(B), "practice of pharmacy" includes the issuing of a prescription or medical order of the following drugs, drug categories, or devices, excluding controlled substances, that are issued in accordance with the product's federal food and drug administration-approved labeling or guidelines of the federal centers for disease control and prevention that are limited to: (i) Antivirals for influenza and COVID-19 that are waived under the federal Clinical Laboratory Improvement Amendments of 1988 (CLIA) ( 42 U.S.C. § 263a ), upon completion of a test that is used to guide diagnosis or clinical decision-making; (ii) Agents for active immunization when prescribed for susceptible persons for the protection from communicable disease for individuals who are eighteen (18) years of age and older, and agents for active immunization for influenza and COVID-19 for individuals who are three (3) to seventeen (17) years of age; provided, that pharmacists shall comply with recordkeeping and reporting requirements, including, but not limited to: (a) Informing the patient's primary care provider, if the patient identifies a primary care provider; (b) Submitting the required immunization information to this state's vaccine registry; (c) Complying with requirements related to reporting adverse events; and (d) Reviewing the patient's vaccine history, if any, through this state's vaccine registry or other vaccination records prior to administering a vaccine; (iii) Post-exposure prophylaxis for nonoccupational exposure to HIV infection, and the ordering of lab tests in conjunction with initiation of therapy; (iv) Epinephrine auto-injectors for patients with a documented history of allergies or anaphylactic reactions; (v) Progesterone-only hormonal contraceptives; (vi) Naloxone; (vii) Topical fluoride agents when prescribed according to the American Dental Association's recommendations for persons whose drinking water is proven to have a fluoride content below the United States department of health and human services' recommended concentration; and (viii) Tuberculin purified protein derivative products in compliance with current statutory reporting requirements; (D) The standard of care for a pharmacist providing the services listed in subdivision (39)(C) is the same standard of care as a physician ordering or providing the same service; (E) Issuing a prescription or medical order pursuant to subdivision (39)(C) is not considered the "practice of medicine" as defined in § 63-6-204 ;
(A) "Practice of pharmacy" means a patient-oriented health service profession in which pharmacists interact and consult with patients and other health care professionals to enhance patients' wellness, prevent illness, and optimize outcomes. The practice involves: (i) Interpretation, evaluation and implementation of medical orders and prescription orders; (ii) Responsibility for compounding and dispensing prescription orders, including radioactive substances; (iii) Participation in drug, dietary supplement and device selection, storage, distribution and administration; (iv) Drug evaluation, utilization or regimen review; (v) Maintenance of patient profiles and other pharmacy records; (vi) Provision of patient education and counseling; (vii) Provision of patient care services and activities pursuant to a collaborative pharmacy practice agreement; (viii) Drug or drug-related research; and (ix) Those professional acts, professional decisions or professional services necessary to maintain all areas of a patient's pharmacist-provided care;
(i) Interpretation, evaluation and implementation of medical orders and prescription orders;
(ii) Responsibility for compounding and dispensing prescription orders, including radioactive substances;
(iii) Participation in drug, dietary supplement and device selection, storage, distribution and administration;
(iv) Drug evaluation, utilization or regimen review;
(v) Maintenance of patient profiles and other pharmacy records;
(vi) Provision of patient education and counseling;
(vii) Provision of patient care services and activities pursuant to a collaborative pharmacy practice agreement;
(viii) Drug or drug-related research; and
(ix) Those professional acts, professional decisions or professional services necessary to maintain all areas of a patient's pharmacist-provided care;
(B) Nothing in this chapter authorizes a pharmacist to order laboratory tests or prescribe any prescription drugs except pursuant to a medical order by the attending prescriber for each patient or pursuant to a collaborative pharmacy practice agreement jointly agreed upon by a pharmacist or pharmacists and a prescriber or prescribers; provided, that pharmacists are authorized to conduct and assist patients with tests approved for home use. Pharmacists may convey orders for laboratory tests when authorized by the attending prescriber and may prescribe prescription drugs when required to carry out a medical order or perform activities pursuant to a collaborative pharmacy practice agreement when authorized by the attending prescriber;
(C) Notwithstanding subdivision (39)(B), "practice of pharmacy" includes the issuing of a prescription or medical order of the following drugs, drug categories, or devices, excluding controlled substances, that are issued in accordance with the product's federal food and drug administration-approved labeling or guidelines of the federal centers for disease control and prevention that are limited to: (i) Antivirals for influenza and COVID-19 that are waived under the federal Clinical Laboratory Improvement Amendments of 1988 (CLIA) ( 42 U.S.C. § 263a ), upon completion of a test that is used to guide diagnosis or clinical decision-making; (ii) Agents for active immunization when prescribed for susceptible persons for the protection from communicable disease for individuals who are eighteen (18) years of age and older, and agents for active immunization for influenza and COVID-19 for individuals who are three (3) to seventeen (17) years of age; provided, that pharmacists shall comply with recordkeeping and reporting requirements, including, but not limited to: (a) Informing the patient's primary care provider, if the patient identifies a primary care provider; (b) Submitting the required immunization information to this state's vaccine registry; (c) Complying with requirements related to reporting adverse events; and (d) Reviewing the patient's vaccine history, if any, through this state's vaccine registry or other vaccination records prior to administering a vaccine; (iii) Post-exposure prophylaxis for nonoccupational exposure to HIV infection, and the ordering of lab tests in conjunction with initiation of therapy; (iv) Epinephrine auto-injectors for patients with a documented history of allergies or anaphylactic reactions; (v) Progesterone-only hormonal contraceptives; (vi) Naloxone; (vii) Topical fluoride agents when prescribed according to the American Dental Association's recommendations for persons whose drinking water is proven to have a fluoride content below the United States department of health and human services' recommended concentration; and (viii) Tuberculin purified protein derivative products in compliance with current statutory reporting requirements;
(i) Antivirals for influenza and COVID-19 that are waived under the federal Clinical Laboratory Improvement Amendments of 1988 (CLIA) ( 42 U.S.C. § 263a ), upon completion of a test that is used to guide diagnosis or clinical decision-making;
(ii) Agents for active immunization when prescribed for susceptible persons for the protection from communicable disease for individuals who are eighteen (18) years of age and older, and agents for active immunization for influenza and COVID-19 for individuals who are three (3) to seventeen (17) years of age; provided, that pharmacists shall comply with recordkeeping and reporting requirements, including, but not limited to: (a) Informing the patient's primary care provider, if the patient identifies a primary care provider; (b) Submitting the required immunization information to this state's vaccine registry; (c) Complying with requirements related to reporting adverse events; and (d) Reviewing the patient's vaccine history, if any, through this state's vaccine registry or other vaccination records prior to administering a vaccine;
(a) Informing the patient's primary care provider, if the patient identifies a primary care provider;
(b) Submitting the required immunization information to this state's vaccine registry;
(c) Complying with requirements related to reporting adverse events; and
(d) Reviewing the patient's vaccine history, if any, through this state's vaccine registry or other vaccination records prior to administering a vaccine;
(iii) Post-exposure prophylaxis for nonoccupational exposure to HIV infection, and the ordering of lab tests in conjunction with initiation of therapy;
(iv) Epinephrine auto-injectors for patients with a documented history of allergies or anaphylactic reactions;
(v) Progesterone-only hormonal contraceptives;
(vi) Naloxone;
(vii) Topical fluoride agents when prescribed according to the American Dental Association's recommendations for persons whose drinking water is proven to have a fluoride content below the United States department of health and human services' recommended concentration; and
(viii) Tuberculin purified protein derivative products in compliance with current statutory reporting requirements;
(D) The standard of care for a pharmacist providing the services listed in subdivision (39)(C) is the same standard of care as a physician ordering or providing the same service;
(E) Issuing a prescription or medical order pursuant to subdivision (39)(C) is not considered the "practice of medicine" as defined in § 63-6-204 ;
(40) "Prescriber" means an individual authorized by law to prescribe drugs;
(41) "Prescription drug" means a drug that under federal or state law is required to be dispensed only pursuant to a prescription order or is restricted to use by prescribers and that under federal law must be labeled with either the symbol "Rx only" or the statement "Caution: Federal law restricts this drug to use by, or on the order of, a licensed veterinarian";
(42) (A) (i) "Prescription order" means and includes any order, communicated through written, verbal, or electronic means by a physician, certified physician assistant, pharmacist in accordance with a collaborative pharmacy practice agreement pursuant to this section, dentist, veterinarian, optometrist authorized pursuant to § 63-8-102(12) , or other allied medical practitioner, for any drug, device, or treatment; (ii) "Prescription order" means and includes any order, communicated through written, verbal, or electronic means by a nurse authorized pursuant to § 63-6-204 , who is prescribing in collaboration with and under the control and responsibility of a licensed physician, and who meets the requirements pursuant to § 63-7-207(14) ; (B) Nothing in this chapter shall prohibit the verbal communication to a pharmacist of a direct order for a prescription from a physician, registered nurse, licensed practical nurse or physician assistant pursuant to § 63-6-204 , or dentist, veterinarian, optometrist authorized pursuant to § 63-8-102(12) , or other allied medical practitioner by a pharmacist pursuant to § 63-9-113 nor shall this chapter prohibit verbal communication of a direct order for a prescription from one (1) pharmacist to another when ordered pursuant to a collaborative pharmacy practice agreement; (C) Nothing in this chapter shall require an advanced practice registered nurse specializing as a certified registered nurse anesthetist (CRNA) to obtain authorization to prescribe pursuant to § 63-7-123 in order to select, order, or administer appropriate drugs during services ordered by a physician, dentist, or podiatrist and provided by a CRNA in collaboration with the ordering physician, dentist, or podiatrist that are within the scope of practice of the CRNA and authorized by clinical privileges granted by the medical staff of the facility. Such an order by a CRNA for drugs shall only be valid for dispensing for administration at the facility where the anesthesia services are being provided;
(A) (i) "Prescription order" means and includes any order, communicated through written, verbal, or electronic means by a physician, certified physician assistant, pharmacist in accordance with a collaborative pharmacy practice agreement pursuant to this section, dentist, veterinarian, optometrist authorized pursuant to § 63-8-102(12) , or other allied medical practitioner, for any drug, device, or treatment; (ii) "Prescription order" means and includes any order, communicated through written, verbal, or electronic means by a nurse authorized pursuant to § 63-6-204 , who is prescribing in collaboration with and under the control and responsibility of a licensed physician, and who meets the requirements pursuant to § 63-7-207(14) ;
(i) "Prescription order" means and includes any order, communicated through written, verbal, or electronic means by a physician, certified physician assistant, pharmacist in accordance with a collaborative pharmacy practice agreement pursuant to this section, dentist, veterinarian, optometrist authorized pursuant to § 63-8-102(12) , or other allied medical practitioner, for any drug, device, or treatment;
(ii) "Prescription order" means and includes any order, communicated through written, verbal, or electronic means by a nurse authorized pursuant to § 63-6-204 , who is prescribing in collaboration with and under the control and responsibility of a licensed physician, and who meets the requirements pursuant to § 63-7-207(14) ;
(B) Nothing in this chapter shall prohibit the verbal communication to a pharmacist of a direct order for a prescription from a physician, registered nurse, licensed practical nurse or physician assistant pursuant to § 63-6-204 , or dentist, veterinarian, optometrist authorized pursuant to § 63-8-102(12) , or other allied medical practitioner by a pharmacist pursuant to § 63-9-113 nor shall this chapter prohibit verbal communication of a direct order for a prescription from one (1) pharmacist to another when ordered pursuant to a collaborative pharmacy practice agreement;
(C) Nothing in this chapter shall require an advanced practice registered nurse specializing as a certified registered nurse anesthetist (CRNA) to obtain authorization to prescribe pursuant to § 63-7-123 in order to select, order, or administer appropriate drugs during services ordered by a physician, dentist, or podiatrist and provided by a CRNA in collaboration with the ordering physician, dentist, or podiatrist that are within the scope of practice of the CRNA and authorized by clinical privileges granted by the medical staff of the facility. Such an order by a CRNA for drugs shall only be valid for dispensing for administration at the facility where the anesthesia services are being provided;
(43) "Provider" or "necessary health care provider" includes a pharmacist who provides health care services within the scope of pharmacy practice;
(44) "Quality assurance program" means a system for identifying problems in patient care that are resolved via administrative, clinical or educational actions to ensure that final products and outcomes meet applicable specifications;
(45) "Quality-related event" means the inappropriate dispensing or administration of a prescribed medication, including, but not limited to: (A) A variation from the prescriber's medical or prescription order, including, but not limited to: (i) Dispensing an incorrect drug; (ii) Dispensing an incorrect drug strength; (iii) Dispensing an incorrect dosage form; (iv) Dispensing the drug to the wrong patient; and (v) Providing inadequate or incorrect packaging, labeling or directions for use; and (B) Failure to identify, prevent, resolve and manage potential and actual drug and drug-related problems, including, but not limited to: (i) Over-utilization and under-utilization; (ii) Therapeutic duplication; (iii) Drug-age contraindications; (iv) Drug-allergy contraindications; (v) Drug-disease contraindications; (vi) Drug-gender contraindications; (vii) Drug-drug interactions; (viii) Incorrect drug dosage; (ix) Incorrect duration of drug therapy; and (x) Clinical abuse or misuse;
(A) A variation from the prescriber's medical or prescription order, including, but not limited to: (i) Dispensing an incorrect drug; (ii) Dispensing an incorrect drug strength; (iii) Dispensing an incorrect dosage form; (iv) Dispensing the drug to the wrong patient; and (v) Providing inadequate or incorrect packaging, labeling or directions for use; and
(i) Dispensing an incorrect drug;
(ii) Dispensing an incorrect drug strength;
(iii) Dispensing an incorrect dosage form;
(iv) Dispensing the drug to the wrong patient; and
(v) Providing inadequate or incorrect packaging, labeling or directions for use; and
(B) Failure to identify, prevent, resolve and manage potential and actual drug and drug-related problems, including, but not limited to: (i) Over-utilization and under-utilization; (ii) Therapeutic duplication; (iii) Drug-age contraindications; (iv) Drug-allergy contraindications; (v) Drug-disease contraindications; (vi) Drug-gender contraindications; (vii) Drug-drug interactions; (viii) Incorrect drug dosage; (ix) Incorrect duration of drug therapy; and (x) Clinical abuse or misuse;
(i) Over-utilization and under-utilization;
(ii) Therapeutic duplication;
(iii) Drug-age contraindications;
(iv) Drug-allergy contraindications;
(v) Drug-disease contraindications;
(vi) Drug-gender contraindications;
(vii) Drug-drug interactions;
(viii) Incorrect drug dosage;
(ix) Incorrect duration of drug therapy; and
(x) Clinical abuse or misuse;
(46) "Third-party logistics provider" means a person who provides or coordinates warehousing or other logistics services of a drug or device on behalf of a manufacturer, wholesale distributor, or dispenser of the drug or device, but does not take ownership of the drug or device, nor has responsibility to direct the sale or disposition of the drug or device;
(47) "Unprofessional conduct" means the conduct of a pharmacist, pharmacy intern or pharmacy technician that is detrimental to patients or to the profession of pharmacy;
(48) "Wholesale distribution" means the distribution of a drug or device to persons other than the patient or consumer, or the receipt of a drug or device by persons other than the patient or consumer; provided, that "wholesale distribution" does not include the distribution or receipt of products, transactions, or services that are exempted from this definition by rule. For the purposes of this part, transfers and sales of drugs or devices from one licensed pharmacy to another shall not constitute wholesale distribution of drugs or devices; and
(49) "Wholesaler" or "wholesale distributor" means a person primarily engaged in the wholesale distribution of drugs or devices; provided, that "wholesaler" or "wholesale distributor" does not include licensed third-party logistics providers. For the purposes of this part, transfers and sales of drugs or devices from one licensed pharmacy to another shall not constitute wholesale distribution of drugs or devices.
Amended by 2024 Tenn. Acts, ch. 824,s 1, eff. 5/1/2024.
Amended by 2022 Tenn. Acts, ch. 812, s 1, eff. 4/8/2022.
Amended by 2018 Tenn. Acts, ch. 617, s 1, eff. 7/1/2018.
Amended by 2017 Tenn. Acts, ch. 334, s 6, eff. 7/1/2017.
Amended by 2016 Tenn. Acts, ch. 980, s 19, eff. 7/1/2016.
Amended by 2015 Tenn. Acts, ch. 513, s 1, eff. 5/20/2015.
Amended by 2015 Tenn. Acts, ch. 293, s 3, s 4 eff. 4/24/2015.
Amended by 2014 Tenn. Acts, ch. 832, s 2, s 3 eff. 7/1/2014.
Amended by 2014 Tenn. Acts, ch. 832, s 1, eff. 7/1/2014.
Amended by 2013 Tenn. Acts, ch. 266, s 1, s 2 eff. 4/25/2013.
Acts 1996, ch. 651, § 4; T.C.A. § 63-10-404 ; Acts 2006, ch. 768, § 1; 2007 , ch. 407, §§ 2, 3.
Tenn. Code Ann. § 63-10-102 — TN Code / Title 63 / Chapter 10 / Section 63-10-102
Part definitions
Status: in_force

As used in this part, "program" and "third-party prescription program" mean any system of providing for the reimbursement of pharmaceutical services under a contractual arrangement or agreement between a provider of such services and another party who is not the consumer of those services. Such programs may include, but not be limited to, employee benefit plans whereby a consumer receives prescription drugs or other pharmaceutical services and those services are paid for by an agent of the employer or others. Acts 1981, ch. 104, § 3; T.C.A., § 63-1052; T.C.A. § 63-10-302 .
As used in this part, "program" and "third-party prescription program" mean any system of providing for the reimbursement of pharmaceutical services under a contractual arrangement or agreement between a provider of such services and another party who is not the consumer of those services. Such programs may include, but not be limited to, employee benefit plans whereby a consumer receives prescription drugs or other pharmaceutical services and those services are paid for by an agent of the employer or others.
Acts 1981, ch. 104, § 3; T.C.A., § 63-1052; T.C.A. § 63-10-302 .
Tenn. Code Ann. § 63-8-113 — TN Code / Title 63 / Chapter 8 / Section 63-8-113
Unlawful practices - Advertising
Status: in_force

(a) It is unlawful for any person not duly licensed in accordance with this chapter to: (1) Engage in the practice of optometry; (2) Claim to be a practitioner of optometry; (3) Attempt by any means whatsoever to determine the kind or power of ophthalmic materials needed by any person to remedy or relieve defects of vision or muscular anomalies; (4) Hold out as a registered or licensed optometrist; (5) Hold out as being able to examine the human eye for the purpose of fitting or prescribing ophthalmic materials; (6) Test the vision of any person by any means for the purpose of fitting that person with or prescribing ophthalmic materials; (7) Display a sign or symbol that leads the public to believe that such person is an optometrist; (8) Make measurements involving the eyes or the optical requirement thereof for the purpose of prescribing ophthalmic materials; (9) Unless otherwise authorized by law, fill an order or prescription for ophthalmic materials; or (10) Unless otherwise authorized by law, sell or dispense ophthalmic materials. (b) It is unlawful for any person, including optometrists licensed under this chapter, to: (1) Impersonate a licensed optometrist; (2) Practice optometry under a false or assumed name; (3) Peddle, sell or render optometric services from door to door; (4) Canvass or solicit ophthalmic materials or optometric services in person or by agents, except as authorized by the board. Advertising in accordance with this chapter and the rules and regulations of the board is not solicitation; (5) Practice optometry after the person's certificate of fitness or registration has been revoked or during suspension of same or, after failing to pay the annual renewal fee or after failing to submit satisfactory evidence of having met minimum continuing education requirements as set by the board; (6) Offer optometric services or ophthalmic materials as a prize, premium or gift, separately or in combination with other merchandise or services, except as authorized by the board; or (7) Discount optometric services contingent upon the purchase of ophthalmic materials or to otherwise tie in the performing of optometric services with the purchase of ophthalmic materials. (c) It is unlawful for any licensed optometrist to: (1) Advertise optometric services or ophthalmic materials, except as provided in subsection (d); (2) Practice optometry as an employee of any person or business or organization not engaged primarily in health care delivery; (3) Practice optometry under a name other than the optometrist's own unless board approved; (4) Appoint agents or other persons to take orders for optometric services or ophthalmic materials; (5) Split or share fees with any person or organization in return for solicitation of customers by that person or organization; (6) Practice or offer to practice optometry in or in conjunction with any retail store or other commercial establishment where merchandise is displayed or offered for sale. Any licensed, registered optometrist practicing in premises of such type prior to April 17, 1967, shall be permitted to continue the independent practice in that optometrist's present location or in such new location to which the retail store or other commercial establishment might move; but when any such optometrist vacates any such premises, no other optometrist shall be permitted to practice in such vacated premises; or (7) Engage in practice in any temporary or mobile office except as authorized by the board or any office that does not have the appropriate instrumentation for diagnosis and treatment for the practice of optometry as established by the board. (d) (1) An optometrist may advertise ophthalmic materials, including prices. All advertising by persons licensed to practice optometry in this state, regardless of the media employed for such advertising, shall be subject to the requirements and limitations of this section, as follows: (A) No person shall advertise optometric services or ophthalmic materials by statements that are fraudulent, deceptive or likely to mislead the public, such as bait and switch tactics; (B) No person shall advertise or infer through advertising that the person has superior professional skills or competence, except board certification may be listed; (C) No person shall advertise to guarantee optometric services or use words of similar import; (D) All advertising shall contain the optometrist's name and the designation "O.D." or "Doctor of Optometry" or a professional corporation name, so long as such corporate name does not permit or imply action, advertising, services or practices forbidden by this chapter or rules and regulations of the board and such corporate name has been approved in advance by the board as being in compliance with the foregoing; and (E) Optometrists shall not advertise routine optometric services such as eye examinations except in accordance with regulations promulgated by the board. (2) The board is given authority to place reasonable time, place and manner restrictions on the advertising of optometric services if it finds that to be in the public interest. Further, the board may require that any advertising disclose any information necessary to protect the public, including whether specialists are certified. Acts 1925, ch. 99, § 3; Shan. Supp., § 3654a11; Code 1932, §7028; Acts 1935, ch. 129, § 2; 1939, ch. 90, §§1, 3; impl. am. Acts 1947, ch. 9, §§ 2-4, 9; mod. C. Supp. 1950, §7028; Acts 1953, ch. 113, § 38; 1967, ch. 84, § 1; 1977, ch. 490, §1; 1979, ch. 406, §§ 18, 31; T.C.A. (orig. ed.), §63-815; Acts 1989, ch. 428, § 7.
(a) It is unlawful for any person not duly licensed in accordance with this chapter to: (1) Engage in the practice of optometry; (2) Claim to be a practitioner of optometry; (3) Attempt by any means whatsoever to determine the kind or power of ophthalmic materials needed by any person to remedy or relieve defects of vision or muscular anomalies; (4) Hold out as a registered or licensed optometrist; (5) Hold out as being able to examine the human eye for the purpose of fitting or prescribing ophthalmic materials; (6) Test the vision of any person by any means for the purpose of fitting that person with or prescribing ophthalmic materials; (7) Display a sign or symbol that leads the public to believe that such person is an optometrist; (8) Make measurements involving the eyes or the optical requirement thereof for the purpose of prescribing ophthalmic materials; (9) Unless otherwise authorized by law, fill an order or prescription for ophthalmic materials; or (10) Unless otherwise authorized by law, sell or dispense ophthalmic materials.
(1) Engage in the practice of optometry;
(2) Claim to be a practitioner of optometry;
(3) Attempt by any means whatsoever to determine the kind or power of ophthalmic materials needed by any person to remedy or relieve defects of vision or muscular anomalies;
(4) Hold out as a registered or licensed optometrist;
(5) Hold out as being able to examine the human eye for the purpose of fitting or prescribing ophthalmic materials;
(6) Test the vision of any person by any means for the purpose of fitting that person with or prescribing ophthalmic materials;
(7) Display a sign or symbol that leads the public to believe that such person is an optometrist;
(8) Make measurements involving the eyes or the optical requirement thereof for the purpose of prescribing ophthalmic materials;
(9) Unless otherwise authorized by law, fill an order or prescription for ophthalmic materials; or
(10) Unless otherwise authorized by law, sell or dispense ophthalmic materials.
(b) It is unlawful for any person, including optometrists licensed under this chapter, to: (1) Impersonate a licensed optometrist; (2) Practice optometry under a false or assumed name; (3) Peddle, sell or render optometric services from door to door; (4) Canvass or solicit ophthalmic materials or optometric services in person or by agents, except as authorized by the board. Advertising in accordance with this chapter and the rules and regulations of the board is not solicitation; (5) Practice optometry after the person's certificate of fitness or registration has been revoked or during suspension of same or, after failing to pay the annual renewal fee or after failing to submit satisfactory evidence of having met minimum continuing education requirements as set by the board; (6) Offer optometric services or ophthalmic materials as a prize, premium or gift, separately or in combination with other merchandise or services, except as authorized by the board; or (7) Discount optometric services contingent upon the purchase of ophthalmic materials or to otherwise tie in the performing of optometric services with the purchase of ophthalmic materials.
(1) Impersonate a licensed optometrist;
(2) Practice optometry under a false or assumed name;
(3) Peddle, sell or render optometric services from door to door;
(4) Canvass or solicit ophthalmic materials or optometric services in person or by agents, except as authorized by the board. Advertising in accordance with this chapter and the rules and regulations of the board is not solicitation;
(5) Practice optometry after the person's certificate of fitness or registration has been revoked or during suspension of same or, after failing to pay the annual renewal fee or after failing to submit satisfactory evidence of having met minimum continuing education requirements as set by the board;
(6) Offer optometric services or ophthalmic materials as a prize, premium or gift, separately or in combination with other merchandise or services, except as authorized by the board; or
(7) Discount optometric services contingent upon the purchase of ophthalmic materials or to otherwise tie in the performing of optometric services with the purchase of ophthalmic materials.
(c) It is unlawful for any licensed optometrist to: (1) Advertise optometric services or ophthalmic materials, except as provided in subsection (d); (2) Practice optometry as an employee of any person or business or organization not engaged primarily in health care delivery; (3) Practice optometry under a name other than the optometrist's own unless board approved; (4) Appoint agents or other persons to take orders for optometric services or ophthalmic materials; (5) Split or share fees with any person or organization in return for solicitation of customers by that person or organization; (6) Practice or offer to practice optometry in or in conjunction with any retail store or other commercial establishment where merchandise is displayed or offered for sale. Any licensed, registered optometrist practicing in premises of such type prior to April 17, 1967, shall be permitted to continue the independent practice in that optometrist's present location or in such new location to which the retail store or other commercial establishment might move; but when any such optometrist vacates any such premises, no other optometrist shall be permitted to practice in such vacated premises; or (7) Engage in practice in any temporary or mobile office except as authorized by the board or any office that does not have the appropriate instrumentation for diagnosis and treatment for the practice of optometry as established by the board.
(1) Advertise optometric services or ophthalmic materials, except as provided in subsection (d);
(2) Practice optometry as an employee of any person or business or organization not engaged primarily in health care delivery;
(3) Practice optometry under a name other than the optometrist's own unless board approved;
(4) Appoint agents or other persons to take orders for optometric services or ophthalmic materials;
(5) Split or share fees with any person or organization in return for solicitation of customers by that person or organization;
(6) Practice or offer to practice optometry in or in conjunction with any retail store or other commercial establishment where merchandise is displayed or offered for sale. Any licensed, registered optometrist practicing in premises of such type prior to April 17, 1967, shall be permitted to continue the independent practice in that optometrist's present location or in such new location to which the retail store or other commercial establishment might move; but when any such optometrist vacates any such premises, no other optometrist shall be permitted to practice in such vacated premises; or
(7) Engage in practice in any temporary or mobile office except as authorized by the board or any office that does not have the appropriate instrumentation for diagnosis and treatment for the practice of optometry as established by the board.
(d) (1) An optometrist may advertise ophthalmic materials, including prices. All advertising by persons licensed to practice optometry in this state, regardless of the media employed for such advertising, shall be subject to the requirements and limitations of this section, as follows: (A) No person shall advertise optometric services or ophthalmic materials by statements that are fraudulent, deceptive or likely to mislead the public, such as bait and switch tactics; (B) No person shall advertise or infer through advertising that the person has superior professional skills or competence, except board certification may be listed; (C) No person shall advertise to guarantee optometric services or use words of similar import; (D) All advertising shall contain the optometrist's name and the designation "O.D." or "Doctor of Optometry" or a professional corporation name, so long as such corporate name does not permit or imply action, advertising, services or practices forbidden by this chapter or rules and regulations of the board and such corporate name has been approved in advance by the board as being in compliance with the foregoing; and (E) Optometrists shall not advertise routine optometric services such as eye examinations except in accordance with regulations promulgated by the board. (2) The board is given authority to place reasonable time, place and manner restrictions on the advertising of optometric services if it finds that to be in the public interest. Further, the board may require that any advertising disclose any information necessary to protect the public, including whether specialists are certified.
(1) An optometrist may advertise ophthalmic materials, including prices. All advertising by persons licensed to practice optometry in this state, regardless of the media employed for such advertising, shall be subject to the requirements and limitations of this section, as follows: (A) No person shall advertise optometric services or ophthalmic materials by statements that are fraudulent, deceptive or likely to mislead the public, such as bait and switch tactics; (B) No person shall advertise or infer through advertising that the person has superior professional skills or competence, except board certification may be listed; (C) No person shall advertise to guarantee optometric services or use words of similar import; (D) All advertising shall contain the optometrist's name and the designation "O.D." or "Doctor of Optometry" or a professional corporation name, so long as such corporate name does not permit or imply action, advertising, services or practices forbidden by this chapter or rules and regulations of the board and such corporate name has been approved in advance by the board as being in compliance with the foregoing; and (E) Optometrists shall not advertise routine optometric services such as eye examinations except in accordance with regulations promulgated by the board.
(A) No person shall advertise optometric services or ophthalmic materials by statements that are fraudulent, deceptive or likely to mislead the public, such as bait and switch tactics;
(B) No person shall advertise or infer through advertising that the person has superior professional skills or competence, except board certification may be listed;
(C) No person shall advertise to guarantee optometric services or use words of similar import;
(D) All advertising shall contain the optometrist's name and the designation "O.D." or "Doctor of Optometry" or a professional corporation name, so long as such corporate name does not permit or imply action, advertising, services or practices forbidden by this chapter or rules and regulations of the board and such corporate name has been approved in advance by the board as being in compliance with the foregoing; and
(E) Optometrists shall not advertise routine optometric services such as eye examinations except in accordance with regulations promulgated by the board.
(2) The board is given authority to place reasonable time, place and manner restrictions on the advertising of optometric services if it finds that to be in the public interest. Further, the board may require that any advertising disclose any information necessary to protect the public, including whether specialists are certified.
Acts 1925, ch. 99, § 3; Shan. Supp., § 3654a11; Code 1932, §7028; Acts 1935, ch. 129, § 2; 1939, ch. 90, §§1, 3; impl. am. Acts 1947, ch. 9, §§ 2-4, 9; mod. C. Supp. 1950, §7028; Acts 1953, ch. 113, § 38; 1967, ch. 84, § 1; 1977, ch. 490, §1; 1979, ch. 406, §§ 18, 31; T.C.A. (orig. ed.), §63-815; Acts 1989, ch. 428, § 7.
Tenn. Code Ann. § 63-12-104 — TN Code / Title 63 / Chapter 12 / Section 63-12-104
Creation of board - Appointment and removal of members
Status: in_force

(a) There is created the board of veterinary medical examiners, referred to as the "board" in this chapter. (b) The board shall be composed of: (1) Five (5) licensed doctors of veterinary medicine, who shall be graduates of an approved school of veterinary medicine and of good standing in their profession and who have had not less than five (5) years' actual experience in the practice of veterinary medicine; (2) One (1) licensed veterinary technician who shall be a graduate of an approved veterinary technology program, is of good standing in the profession, and who has had not less than five (5) years' actual experience as a licensed veterinary technician; and (3) One (1) member of the general public as provided by § 63-1-124 . (c) The members of the board shall be appointed by the governor for a term of five (5) years. Each member so appointed shall serve until the expiration of the particular five-year term to which the member is appointed and thereafter until the member's successor has been appointed by the governor. The governor shall appoint new members to the board to serve after the date of expiration of each of these terms until August 1 of the fifth calendar year thereafter. 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. (d) In the event of a vacancy on the board, the governor shall appoint a new member to serve out the unexpired term. A member may be reappointed to serve a successive term. (e) Members of the board may be appointed by the governor from lists of qualified nominees submitted by interested veterinary groups, including, but not limited to, the Tennessee Veterinary Medical Association. The governor shall consult with such interested groups to determine qualified persons to fill the positions. This subsection (e) shall not apply to the appointment of the public member. (f) No person who has been appointed a member of the board shall continue on the board if during the term of the member's appointment the member shall: (1) Transfer the member's legal residence to another state; (2) Be or become the owner of, or be employed by, any wholesale or jobbing house dealing in supplies, equipment or instruments used or useful in the practice of veterinary medicine; or (3) Have the member's license to practice veterinary medicine rescinded for cause in accordance with this chapter. (g) The governor may suspend any member of the board for malfeasance, misfeasance, gross inefficiency or misconduct or upon any of the constitutional grounds upon which officers may be suspended by the governor. (h) The state veterinarian, as appointed by the commissioner of agriculture, shall serve as a nonvoting, ex officio member of the board of veterinary medical examiners. Amended by 2022 Tenn. Acts, ch. 926, s 1, eff. 7/1/2022. Acts 1967, ch. 80, § 4; T.C.A., § 63-1204; Acts 1988, ch. 1013, § 50; 1998, ch. 649, §§ 1, 2; 1999, ch. 375, §§ 3, 4; 2004, ch. 567, § 1; 2012 , ch. 695, § 1.
(a) There is created the board of veterinary medical examiners, referred to as the "board" in this chapter.
(b) The board shall be composed of: (1) Five (5) licensed doctors of veterinary medicine, who shall be graduates of an approved school of veterinary medicine and of good standing in their profession and who have had not less than five (5) years' actual experience in the practice of veterinary medicine; (2) One (1) licensed veterinary technician who shall be a graduate of an approved veterinary technology program, is of good standing in the profession, and who has had not less than five (5) years' actual experience as a licensed veterinary technician; and (3) One (1) member of the general public as provided by § 63-1-124 .
(1) Five (5) licensed doctors of veterinary medicine, who shall be graduates of an approved school of veterinary medicine and of good standing in their profession and who have had not less than five (5) years' actual experience in the practice of veterinary medicine;
(2) One (1) licensed veterinary technician who shall be a graduate of an approved veterinary technology program, is of good standing in the profession, and who has had not less than five (5) years' actual experience as a licensed veterinary technician; and
(3) One (1) member of the general public as provided by § 63-1-124 .
(c) The members of the board shall be appointed by the governor for a term of five (5) years. Each member so appointed shall serve until the expiration of the particular five-year term to which the member is appointed and thereafter until the member's successor has been appointed by the governor. The governor shall appoint new members to the board to serve after the date of expiration of each of these terms until August 1 of the fifth calendar year thereafter. 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.
(d) In the event of a vacancy on the board, the governor shall appoint a new member to serve out the unexpired term. A member may be reappointed to serve a successive term.
(e) Members of the board may be appointed by the governor from lists of qualified nominees submitted by interested veterinary groups, including, but not limited to, the Tennessee Veterinary Medical Association. The governor shall consult with such interested groups to determine qualified persons to fill the positions. This subsection (e) shall not apply to the appointment of the public member.
(f) No person who has been appointed a member of the board shall continue on the board if during the term of the member's appointment the member shall: (1) Transfer the member's legal residence to another state; (2) Be or become the owner of, or be employed by, any wholesale or jobbing house dealing in supplies, equipment or instruments used or useful in the practice of veterinary medicine; or (3) Have the member's license to practice veterinary medicine rescinded for cause in accordance with this chapter.
(1) Transfer the member's legal residence to another state;
(2) Be or become the owner of, or be employed by, any wholesale or jobbing house dealing in supplies, equipment or instruments used or useful in the practice of veterinary medicine; or
(3) Have the member's license to practice veterinary medicine rescinded for cause in accordance with this chapter.
(g) The governor may suspend any member of the board for malfeasance, misfeasance, gross inefficiency or misconduct or upon any of the constitutional grounds upon which officers may be suspended by the governor.
(h) The state veterinarian, as appointed by the commissioner of agriculture, shall serve as a nonvoting, ex officio member of the board of veterinary medical examiners.
Amended by 2022 Tenn. Acts, ch. 926, s 1, eff. 7/1/2022.
Acts 1967, ch. 80, § 4; T.C.A., § 63-1204; Acts 1988, ch. 1013, § 50; 1998, ch. 649, §§ 1, 2; 1999, ch. 375, §§ 3, 4; 2004, ch. 567, § 1; 2012 , ch. 695, § 1.