Tenn. Code Ann. § 63-1-160 — TN Code / Title 63 / Chapter 1 / Section 63-1-160
Prescription for Schedule II controlled substance - Electronic prescription for Schedule II, III, IV, or V controlled substance - Exceptions
Status: in_force

(a) As used in this section, "electronic prescription" means a written prescription that is generated on an electronic application and is transmitted in accordance with 21 CFR Part 1311. (b) All written, printed, or electronic prescription orders for a Schedule II controlled substance must contain all information otherwise required by law. The healthcare prescriber must sign the written, printed, or electronic prescription order on the day it is issued. Nothing in this section prevents a healthcare prescriber from issuing a verbal prescription order. (c) Subject to subsection (d), on or after January 1, 2021, any prescription for a Schedule II, III, IV, or V controlled substance issued by a prescriber who is authorized by law to prescribe the drug must be issued as an electronic prescription from the person issuing the prescription to a pharmacy. The name, address, and telephone number of the collaborating physician of an advanced practice registered nurse or physician assistant must be included on electronic prescriptions issued by an advance practice registered nurse or physician assistant. (d) Subsection (c) does not apply to prescriptions: (1) Issued by veterinarians; (2) Issued in circumstances where electronic prescribing is not available due to technological or electrical failure, as set forth in rule; (3) Issued by a health care prescriber to be dispensed by a pharmacy located outside the state, as set forth in rule; (4) Issued when the health care prescriber and dispenser are the same entity; (5) Issued while including elements that are not supported by the most recently implemented version of the National Council for Prescription Drug Programs Prescriber/Pharmacist Interface SCRIPT Standard; (6) Issued by a health care prescriber for a drug that the federal food and drug administration (FDA) requires the prescription to contain certain elements that are not able to be accomplished with electronic prescribing; (7) Issued by a health care prescriber allowing for the dispensing of a non-patient-specific prescription pursuant to a standing order, approved protocol for drug therapy, collaborative pharmacy practice agreement in response to a public health emergency, or in other circumstances where the health care prescriber may issue a non-patient-specific prescription; (8) Issued by a health care prescriber prescribing a drug under a research protocol; (9) Issued by a health care prescriber who has received a waiver or a renewed waiver for a specified period determined by the commissioner of health, not to exceed one (1) year without renewal by the commissioner, from the requirement to use electronic prescribing, pursuant to a process established in rule by the commissioner, due to economic hardship, technological limitations that are not reasonably within the control of the health care prescriber, or other exceptional circumstance demonstrated by the health care prescriber; (10) Issued by a health care prescriber under circumstances where, notwithstanding the health care prescriber's present ability to make an electronic prescription as required by this subsection (a), the health care prescriber reasonably determines that it would be impractical for the patient to obtain substances prescribed by electronic prescription in a timely manner, and such delay would adversely impact the patient's medical condition; (11) Issued by a health care prescriber who issues fifty (50) or fewer prescriptions for Schedule II controlled substances per year. (e) A pharmacist who receives a written, oral, or faxed prescription is not required to verify with the health care prescriber that the prescription properly falls under one (1) of the exceptions from the requirement to electronically prescribe in subsection (d). Pharmacists may continue to dispense medications from otherwise valid written, oral, or fax prescriptions that are consistent with § 53-11-308 . (f) The commissioner of health shall refer individual health care prescribers who violate this section to the health care prescriber's licensing board, and for such violation in this section, the health care prescriber is subject to penalties under § 63-1-134 . (g) Any health-related board under § 68-1-101(a)(8) that is affected by this section, shall report to the general assembly by January 1, 2019, on issues related to the implementation of this section. Amended by 2019 Tenn. Acts, ch. 124, Secs.s 3, s 4 eff. 4/9/2019. Acts 2018 , ch. 883, § 1.
(a) As used in this section, "electronic prescription" means a written prescription that is generated on an electronic application and is transmitted in accordance with 21 CFR Part 1311.
(b) All written, printed, or electronic prescription orders for a Schedule II controlled substance must contain all information otherwise required by law. The healthcare prescriber must sign the written, printed, or electronic prescription order on the day it is issued. Nothing in this section prevents a healthcare prescriber from issuing a verbal prescription order.
(c) Subject to subsection (d), on or after January 1, 2021, any prescription for a Schedule II, III, IV, or V controlled substance issued by a prescriber who is authorized by law to prescribe the drug must be issued as an electronic prescription from the person issuing the prescription to a pharmacy. The name, address, and telephone number of the collaborating physician of an advanced practice registered nurse or physician assistant must be included on electronic prescriptions issued by an advance practice registered nurse or physician assistant.
(d) Subsection (c) does not apply to prescriptions: (1) Issued by veterinarians; (2) Issued in circumstances where electronic prescribing is not available due to technological or electrical failure, as set forth in rule; (3) Issued by a health care prescriber to be dispensed by a pharmacy located outside the state, as set forth in rule; (4) Issued when the health care prescriber and dispenser are the same entity; (5) Issued while including elements that are not supported by the most recently implemented version of the National Council for Prescription Drug Programs Prescriber/Pharmacist Interface SCRIPT Standard; (6) Issued by a health care prescriber for a drug that the federal food and drug administration (FDA) requires the prescription to contain certain elements that are not able to be accomplished with electronic prescribing; (7) Issued by a health care prescriber allowing for the dispensing of a non-patient-specific prescription pursuant to a standing order, approved protocol for drug therapy, collaborative pharmacy practice agreement in response to a public health emergency, or in other circumstances where the health care prescriber may issue a non-patient-specific prescription; (8) Issued by a health care prescriber prescribing a drug under a research protocol; (9) Issued by a health care prescriber who has received a waiver or a renewed waiver for a specified period determined by the commissioner of health, not to exceed one (1) year without renewal by the commissioner, from the requirement to use electronic prescribing, pursuant to a process established in rule by the commissioner, due to economic hardship, technological limitations that are not reasonably within the control of the health care prescriber, or other exceptional circumstance demonstrated by the health care prescriber; (10) Issued by a health care prescriber under circumstances where, notwithstanding the health care prescriber's present ability to make an electronic prescription as required by this subsection (a), the health care prescriber reasonably determines that it would be impractical for the patient to obtain substances prescribed by electronic prescription in a timely manner, and such delay would adversely impact the patient's medical condition; (11) Issued by a health care prescriber who issues fifty (50) or fewer prescriptions for Schedule II controlled substances per year.
(1) Issued by veterinarians;
(2) Issued in circumstances where electronic prescribing is not available due to technological or electrical failure, as set forth in rule;
(3) Issued by a health care prescriber to be dispensed by a pharmacy located outside the state, as set forth in rule;
(4) Issued when the health care prescriber and dispenser are the same entity;
(5) Issued while including elements that are not supported by the most recently implemented version of the National Council for Prescription Drug Programs Prescriber/Pharmacist Interface SCRIPT Standard;
(6) Issued by a health care prescriber for a drug that the federal food and drug administration (FDA) requires the prescription to contain certain elements that are not able to be accomplished with electronic prescribing;
(7) Issued by a health care prescriber allowing for the dispensing of a non-patient-specific prescription pursuant to a standing order, approved protocol for drug therapy, collaborative pharmacy practice agreement in response to a public health emergency, or in other circumstances where the health care prescriber may issue a non-patient-specific prescription;
(8) Issued by a health care prescriber prescribing a drug under a research protocol;
(9) Issued by a health care prescriber who has received a waiver or a renewed waiver for a specified period determined by the commissioner of health, not to exceed one (1) year without renewal by the commissioner, from the requirement to use electronic prescribing, pursuant to a process established in rule by the commissioner, due to economic hardship, technological limitations that are not reasonably within the control of the health care prescriber, or other exceptional circumstance demonstrated by the health care prescriber;
(10) Issued by a health care prescriber under circumstances where, notwithstanding the health care prescriber's present ability to make an electronic prescription as required by this subsection (a), the health care prescriber reasonably determines that it would be impractical for the patient to obtain substances prescribed by electronic prescription in a timely manner, and such delay would adversely impact the patient's medical condition;
(11) Issued by a health care prescriber who issues fifty (50) or fewer prescriptions for Schedule II controlled substances per year.
(e) A pharmacist who receives a written, oral, or faxed prescription is not required to verify with the health care prescriber that the prescription properly falls under one (1) of the exceptions from the requirement to electronically prescribe in subsection (d). Pharmacists may continue to dispense medications from otherwise valid written, oral, or fax prescriptions that are consistent with § 53-11-308 .
(f) The commissioner of health shall refer individual health care prescribers who violate this section to the health care prescriber's licensing board, and for such violation in this section, the health care prescriber is subject to penalties under § 63-1-134 .
(g) Any health-related board under § 68-1-101(a)(8) that is affected by this section, shall report to the general assembly by January 1, 2019, on issues related to the implementation of this section.
Amended by 2019 Tenn. Acts, ch. 124, Secs.s 3, s 4 eff. 4/9/2019.
Acts 2018 , ch. 883, § 1.
Tenn. Code Ann. § 63-1-312 — TN Code / Title 63 / Chapter 1 / Section 63-1-312
Reserved
Status: repealed

Repealed by 2016 Tenn. Acts, ch. 1033, s 15, eff. 7/1/2017. Acts 2012 , ch. 869, § 6.
Repealed by 2016 Tenn. Acts, ch. 1033, s 15, eff. 7/1/2017.
Acts 2012 , ch. 869, § 6.
Tenn. Code Ann. § 63-27-102 — TN Code / Title 63 / Chapter 27 / Section 63-27-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Board" means the board of respiratory care; (2) "Certified respiratory therapist" means any person who has obtained the credential "certified respiratory therapist" (CRT) or the credential "certified respiratory therapy technician" (CRTT) from the National Board for Respiratory Care; (3) "Division" means the division of health related boards as defined by § 68-1-101 ; (4) (A) (i) "Practice of respiratory care" means, under the supervision, control and responsibility of a licensed physician, the therapy, management, education and instruction, rehabilitation, diagnostic testing evaluation, and care of patients with deficiencies and abnormalities that affect the cardiorespiratory system and associated aspects of other system functions. "Practice of respiratory care" also means, under the supervision, control and responsibility of a licensed physician, the performance of cardiorespiratory research, cardiorespiratory health promotion and disease prevention, and community wellness and education programs. "Practice of respiratory care" includes, under the supervision, control and responsibility of a licensed physician: (a) The administration of pharmacologic agents and medical gasses necessary to diagnose, implement treatment, promote disease prevention, and provide rehabilitation to the cardiorespiratory system. In no event, however, shall a respiratory care practitioner prescribe controlled substances of any kind; (b) The performance of specific diagnostic and testing techniques employed in the medical management of patients to assist in diagnosis, patient and family education, monitoring, treatment, maintenance of patient health status, and cardiorespiratory research including, but not limited to, pulmonary function testing, hemodynamic and physiologic monitoring and diagnosis of cardiac function, and specimen collection and analysis; (c) The establishment and maintenance of the airways, bronchopulmonary hygiene, and cardiopulmonary resuscitation, and cardiac and respiratory life support; and (d) The receipt and implementation of written and verbal physician orders and the development and implementation of care plans and protocols; (ii) The practice of respiratory care may be performed in an inpatient or outpatient setting, clinic, hospital, nursing home facility, private dwelling, or other place deemed appropriate or necessary; (B) Registered respiratory therapists, certified respiratory therapists, and respiratory assistants who have been issued a license or certificate by the board, pursuant to the authority of § 63-27-104(a)(1) , shall be exempt from any licensing, certification or permit requirements of the Tennessee Medical Laboratory Act, compiled in title 68, chapter 29, as amended, for medical laboratory personnel or medical laboratory trainees insofar as they engage in performing blood gases and PH analyses; (5) "Registered respiratory therapist" means any person who has obtained the credential "registered respiratory therapist" (RRT) from the National Board for Respiratory Care; (6) "Respiratory assistant" or "assistant" means any person certified as such pursuant to this chapter, who has: (A) Received on-the-job training equivalent to at least one thousand (1,000) hours of clinical training in respiratory care, during an eighteen (18) consecutive month period; provided, that such training shall have been received under supervision of either a: (i) Registered respiratory therapist; (ii) Certified respiratory therapist; or (iii) Licensed physician experienced in respiratory care; and (B) Passed a board-approved examination for respiratory assistants. The National Board for Respiratory Care (NBRC) entry level examination, as provided to the board by the NBRC, by contract, is the examination accepted by the board. This examination will not grant the respiratory assistant the NBRC credential. In addition, the board reserves the right to write its own state board examination or contract with other national testing organizations; and (7) "Respiratory care practitioner" means a registered respiratory therapist, a certified respiratory therapist, or a respiratory assistant licensed under this chapter. Acts 1986, ch. 610, § 1; 1987, ch. 192, §§ 12, 13; T.C.A., § 63-6-402; Acts 1998, ch. 1106, §§ 1 - 4, 25 - 30, 50, 55; 2000, ch. 621, §§ 1 - 3; 2002, ch. 662, § 1.
As used in this chapter, unless the context otherwise requires:
(1) "Board" means the board of respiratory care;
(2) "Certified respiratory therapist" means any person who has obtained the credential "certified respiratory therapist" (CRT) or the credential "certified respiratory therapy technician" (CRTT) from the National Board for Respiratory Care;
(3) "Division" means the division of health related boards as defined by § 68-1-101 ;
(4) (A) (i) "Practice of respiratory care" means, under the supervision, control and responsibility of a licensed physician, the therapy, management, education and instruction, rehabilitation, diagnostic testing evaluation, and care of patients with deficiencies and abnormalities that affect the cardiorespiratory system and associated aspects of other system functions. "Practice of respiratory care" also means, under the supervision, control and responsibility of a licensed physician, the performance of cardiorespiratory research, cardiorespiratory health promotion and disease prevention, and community wellness and education programs. "Practice of respiratory care" includes, under the supervision, control and responsibility of a licensed physician: (a) The administration of pharmacologic agents and medical gasses necessary to diagnose, implement treatment, promote disease prevention, and provide rehabilitation to the cardiorespiratory system. In no event, however, shall a respiratory care practitioner prescribe controlled substances of any kind; (b) The performance of specific diagnostic and testing techniques employed in the medical management of patients to assist in diagnosis, patient and family education, monitoring, treatment, maintenance of patient health status, and cardiorespiratory research including, but not limited to, pulmonary function testing, hemodynamic and physiologic monitoring and diagnosis of cardiac function, and specimen collection and analysis; (c) The establishment and maintenance of the airways, bronchopulmonary hygiene, and cardiopulmonary resuscitation, and cardiac and respiratory life support; and (d) The receipt and implementation of written and verbal physician orders and the development and implementation of care plans and protocols; (ii) The practice of respiratory care may be performed in an inpatient or outpatient setting, clinic, hospital, nursing home facility, private dwelling, or other place deemed appropriate or necessary; (B) Registered respiratory therapists, certified respiratory therapists, and respiratory assistants who have been issued a license or certificate by the board, pursuant to the authority of § 63-27-104(a)(1) , shall be exempt from any licensing, certification or permit requirements of the Tennessee Medical Laboratory Act, compiled in title 68, chapter 29, as amended, for medical laboratory personnel or medical laboratory trainees insofar as they engage in performing blood gases and PH analyses;
(A) (i) "Practice of respiratory care" means, under the supervision, control and responsibility of a licensed physician, the therapy, management, education and instruction, rehabilitation, diagnostic testing evaluation, and care of patients with deficiencies and abnormalities that affect the cardiorespiratory system and associated aspects of other system functions. "Practice of respiratory care" also means, under the supervision, control and responsibility of a licensed physician, the performance of cardiorespiratory research, cardiorespiratory health promotion and disease prevention, and community wellness and education programs. "Practice of respiratory care" includes, under the supervision, control and responsibility of a licensed physician: (a) The administration of pharmacologic agents and medical gasses necessary to diagnose, implement treatment, promote disease prevention, and provide rehabilitation to the cardiorespiratory system. In no event, however, shall a respiratory care practitioner prescribe controlled substances of any kind; (b) The performance of specific diagnostic and testing techniques employed in the medical management of patients to assist in diagnosis, patient and family education, monitoring, treatment, maintenance of patient health status, and cardiorespiratory research including, but not limited to, pulmonary function testing, hemodynamic and physiologic monitoring and diagnosis of cardiac function, and specimen collection and analysis; (c) The establishment and maintenance of the airways, bronchopulmonary hygiene, and cardiopulmonary resuscitation, and cardiac and respiratory life support; and (d) The receipt and implementation of written and verbal physician orders and the development and implementation of care plans and protocols; (ii) The practice of respiratory care may be performed in an inpatient or outpatient setting, clinic, hospital, nursing home facility, private dwelling, or other place deemed appropriate or necessary;
(i) "Practice of respiratory care" means, under the supervision, control and responsibility of a licensed physician, the therapy, management, education and instruction, rehabilitation, diagnostic testing evaluation, and care of patients with deficiencies and abnormalities that affect the cardiorespiratory system and associated aspects of other system functions. "Practice of respiratory care" also means, under the supervision, control and responsibility of a licensed physician, the performance of cardiorespiratory research, cardiorespiratory health promotion and disease prevention, and community wellness and education programs. "Practice of respiratory care" includes, under the supervision, control and responsibility of a licensed physician: (a) The administration of pharmacologic agents and medical gasses necessary to diagnose, implement treatment, promote disease prevention, and provide rehabilitation to the cardiorespiratory system. In no event, however, shall a respiratory care practitioner prescribe controlled substances of any kind; (b) The performance of specific diagnostic and testing techniques employed in the medical management of patients to assist in diagnosis, patient and family education, monitoring, treatment, maintenance of patient health status, and cardiorespiratory research including, but not limited to, pulmonary function testing, hemodynamic and physiologic monitoring and diagnosis of cardiac function, and specimen collection and analysis; (c) The establishment and maintenance of the airways, bronchopulmonary hygiene, and cardiopulmonary resuscitation, and cardiac and respiratory life support; and (d) The receipt and implementation of written and verbal physician orders and the development and implementation of care plans and protocols;
(a) The administration of pharmacologic agents and medical gasses necessary to diagnose, implement treatment, promote disease prevention, and provide rehabilitation to the cardiorespiratory system. In no event, however, shall a respiratory care practitioner prescribe controlled substances of any kind;
(b) The performance of specific diagnostic and testing techniques employed in the medical management of patients to assist in diagnosis, patient and family education, monitoring, treatment, maintenance of patient health status, and cardiorespiratory research including, but not limited to, pulmonary function testing, hemodynamic and physiologic monitoring and diagnosis of cardiac function, and specimen collection and analysis;
(c) The establishment and maintenance of the airways, bronchopulmonary hygiene, and cardiopulmonary resuscitation, and cardiac and respiratory life support; and
(d) The receipt and implementation of written and verbal physician orders and the development and implementation of care plans and protocols;
(ii) The practice of respiratory care may be performed in an inpatient or outpatient setting, clinic, hospital, nursing home facility, private dwelling, or other place deemed appropriate or necessary;
(B) Registered respiratory therapists, certified respiratory therapists, and respiratory assistants who have been issued a license or certificate by the board, pursuant to the authority of § 63-27-104(a)(1) , shall be exempt from any licensing, certification or permit requirements of the Tennessee Medical Laboratory Act, compiled in title 68, chapter 29, as amended, for medical laboratory personnel or medical laboratory trainees insofar as they engage in performing blood gases and PH analyses;
(5) "Registered respiratory therapist" means any person who has obtained the credential "registered respiratory therapist" (RRT) from the National Board for Respiratory Care;
(6) "Respiratory assistant" or "assistant" means any person certified as such pursuant to this chapter, who has: (A) Received on-the-job training equivalent to at least one thousand (1,000) hours of clinical training in respiratory care, during an eighteen (18) consecutive month period; provided, that such training shall have been received under supervision of either a: (i) Registered respiratory therapist; (ii) Certified respiratory therapist; or (iii) Licensed physician experienced in respiratory care; and (B) Passed a board-approved examination for respiratory assistants. The National Board for Respiratory Care (NBRC) entry level examination, as provided to the board by the NBRC, by contract, is the examination accepted by the board. This examination will not grant the respiratory assistant the NBRC credential. In addition, the board reserves the right to write its own state board examination or contract with other national testing organizations; and
(A) Received on-the-job training equivalent to at least one thousand (1,000) hours of clinical training in respiratory care, during an eighteen (18) consecutive month period; provided, that such training shall have been received under supervision of either a: (i) Registered respiratory therapist; (ii) Certified respiratory therapist; or (iii) Licensed physician experienced in respiratory care; and
(i) Registered respiratory therapist;
(ii) Certified respiratory therapist; or
(iii) Licensed physician experienced in respiratory care; and
(B) Passed a board-approved examination for respiratory assistants. The National Board for Respiratory Care (NBRC) entry level examination, as provided to the board by the NBRC, by contract, is the examination accepted by the board. This examination will not grant the respiratory assistant the NBRC credential. In addition, the board reserves the right to write its own state board examination or contract with other national testing organizations; and
(7) "Respiratory care practitioner" means a registered respiratory therapist, a certified respiratory therapist, or a respiratory assistant licensed under this chapter.
Acts 1986, ch. 610, § 1; 1987, ch. 192, §§ 12, 13; T.C.A., § 63-6-402; Acts 1998, ch. 1106, §§ 1 - 4, 25 - 30, 50, 55; 2000, ch. 621, §§ 1 - 3; 2002, ch. 662, § 1.
Tenn. Code Ann. § 63-11-218 — TN Code / Title 63 / Chapter 11 / Section 63-11-218
Annual registration fee - Revocation and renewal of licenses and certification - Registration by retirees
Status: in_force

(a) Each licensed psychologist, licensed psychological examiner, licensed senior psychological examiner, certified psychological assistant, or certified psychological testing technician shall pay an annual registration fee as set annually by the board, payable in advance, for the ensuing year. As a condition of renewal, the board may require that the licensee or certified person establish that the licensee or certified person has satisfied any continuing education requirements established by board rule. (b) (1) When any licensee or certified person shall fail to pay the annual fee after the renewal fee becomes due and satisfy such continuing education requirements for renewal as may be established by the board, as provided in this section, the license or certificate of such person shall be automatically revoked by the board without further notice or hearing, unless renewal is completed and all fees paid prior to the expiration of sixty (60) days from the date such renewal fees become due. (2) Any person whose license or certificate is automatically revoked as provided in this section may make application in writing to the board for the reinstatement of such license or certificate; and upon good cause being shown, the board, in its discretion, may reinstate such license or certificate upon payment of all past due annual registration fees, proof that any continuing education renewal requirement established by the board has been satisfied and upon further payment of a sum to be set by the board. (c) Any person licensed or certified to practice by this chapter who has retired or may hereafter retire from such practice in this state shall not be made to register as required by this chapter if such person shall file with this board an affidavit on a form to be furnished by the board, which affidavit shall state the date on which such person retired from such practice and such other facts as shall tend to verify such retirement as the board shall deem necessary. If such person thereafter reengages in such practice in this state, such person shall apply for registration with the board as provided by this chapter and shall meet other requirements as may be set by the board. (d) (1) Notwithstanding this chapter to the contrary, the division, with the approval of the commissioner, shall establish a system of license or certification renewals at alternative intervals that will allow for the distribution of the license or certification workload as uniformly as is practicable throughout the calendar year. Licenses or certificates issued under the alternative method are valid for twenty-four (24) months and shall expire on the last day of the last month of the license or certification period. However, during a transition period, or at any time thereafter, when the board shall determine that the volume of work for any given interval is unduly burdensome or costly, either the licenses or certificates or renewals, or both of them, may be issued for terms of not less than six (6) months nor more than eighteen (18) months. The fee imposed for any license or certificate under the alternative interval method for a period of other than twenty-four (24) months shall be proportionate to the annual fee and modified in no other manner, except that the proportional fee shall be rounded off to the nearest quarter of a dollar (25¢). (2) No renewal application will be accepted after the last day of the month following the license or certification expiration date under the alternative method authorized in this subsection (d). Amended by 2023 Tenn. Acts, ch. 442, s 15, eff. 1/1/2024. Acts 1976, ch. 517, § 2; T.C.A., § 63-1123; Acts 1984, ch. 937, §§ 46-48; 1986, ch. 675, §§ 8, 20; T.C.A., § 63-11-219 ; Acts 1987, ch. 316, § 2; 1989, ch. 360, §§ 37, 38; 1989, ch. 523, §§ 30, 31; 2001, ch. 123, §§ 31 - 35.
(a) Each licensed psychologist, licensed psychological examiner, licensed senior psychological examiner, certified psychological assistant, or certified psychological testing technician shall pay an annual registration fee as set annually by the board, payable in advance, for the ensuing year. As a condition of renewal, the board may require that the licensee or certified person establish that the licensee or certified person has satisfied any continuing education requirements established by board rule.
(b) (1) When any licensee or certified person shall fail to pay the annual fee after the renewal fee becomes due and satisfy such continuing education requirements for renewal as may be established by the board, as provided in this section, the license or certificate of such person shall be automatically revoked by the board without further notice or hearing, unless renewal is completed and all fees paid prior to the expiration of sixty (60) days from the date such renewal fees become due. (2) Any person whose license or certificate is automatically revoked as provided in this section may make application in writing to the board for the reinstatement of such license or certificate; and upon good cause being shown, the board, in its discretion, may reinstate such license or certificate upon payment of all past due annual registration fees, proof that any continuing education renewal requirement established by the board has been satisfied and upon further payment of a sum to be set by the board.
(1) When any licensee or certified person shall fail to pay the annual fee after the renewal fee becomes due and satisfy such continuing education requirements for renewal as may be established by the board, as provided in this section, the license or certificate of such person shall be automatically revoked by the board without further notice or hearing, unless renewal is completed and all fees paid prior to the expiration of sixty (60) days from the date such renewal fees become due.
(2) Any person whose license or certificate is automatically revoked as provided in this section may make application in writing to the board for the reinstatement of such license or certificate; and upon good cause being shown, the board, in its discretion, may reinstate such license or certificate upon payment of all past due annual registration fees, proof that any continuing education renewal requirement established by the board has been satisfied and upon further payment of a sum to be set by the board.
(c) Any person licensed or certified to practice by this chapter who has retired or may hereafter retire from such practice in this state shall not be made to register as required by this chapter if such person shall file with this board an affidavit on a form to be furnished by the board, which affidavit shall state the date on which such person retired from such practice and such other facts as shall tend to verify such retirement as the board shall deem necessary. If such person thereafter reengages in such practice in this state, such person shall apply for registration with the board as provided by this chapter and shall meet other requirements as may be set by the board.
(d) (1) Notwithstanding this chapter to the contrary, the division, with the approval of the commissioner, shall establish a system of license or certification renewals at alternative intervals that will allow for the distribution of the license or certification workload as uniformly as is practicable throughout the calendar year. Licenses or certificates issued under the alternative method are valid for twenty-four (24) months and shall expire on the last day of the last month of the license or certification period. However, during a transition period, or at any time thereafter, when the board shall determine that the volume of work for any given interval is unduly burdensome or costly, either the licenses or certificates or renewals, or both of them, may be issued for terms of not less than six (6) months nor more than eighteen (18) months. The fee imposed for any license or certificate under the alternative interval method for a period of other than twenty-four (24) months shall be proportionate to the annual fee and modified in no other manner, except that the proportional fee shall be rounded off to the nearest quarter of a dollar (25¢). (2) No renewal application will be accepted after the last day of the month following the license or certification expiration date under the alternative method authorized in this subsection (d).
(1) Notwithstanding this chapter to the contrary, the division, with the approval of the commissioner, shall establish a system of license or certification renewals at alternative intervals that will allow for the distribution of the license or certification workload as uniformly as is practicable throughout the calendar year. Licenses or certificates issued under the alternative method are valid for twenty-four (24) months and shall expire on the last day of the last month of the license or certification period. However, during a transition period, or at any time thereafter, when the board shall determine that the volume of work for any given interval is unduly burdensome or costly, either the licenses or certificates or renewals, or both of them, may be issued for terms of not less than six (6) months nor more than eighteen (18) months. The fee imposed for any license or certificate under the alternative interval method for a period of other than twenty-four (24) months shall be proportionate to the annual fee and modified in no other manner, except that the proportional fee shall be rounded off to the nearest quarter of a dollar (25¢).
(2) No renewal application will be accepted after the last day of the month following the license or certification expiration date under the alternative method authorized in this subsection (d).
Amended by 2023 Tenn. Acts, ch. 442, s 15, eff. 1/1/2024.
Acts 1976, ch. 517, § 2; T.C.A., § 63-1123; Acts 1984, ch. 937, §§ 46-48; 1986, ch. 675, §§ 8, 20; T.C.A., § 63-11-219 ; Acts 1987, ch. 316, § 2; 1989, ch. 360, §§ 37, 38; 1989, ch. 523, §§ 30, 31; 2001, ch. 123, §§ 31 - 35.
Tenn. Code Ann. § 63-1-155 — TN Code / Title 63 / Chapter 1 / Section 63-1-155
Telehealth and telemedicine services - Establishment of provider-patient relationship - Standard of practice - Applicability
Status: in_force

(a) For the purposes of this section: (1) "Healthcare provider" means: (A) An individual acting within the scope of a valid license issued pursuant to this title; (B) A state-contracted crisis service provider that is employed by a facility licensed under title 33; (C) An alcohol and drug abuse counselor licensed under title 68, chapter 24, part 6; or (D) A graduate who has completed, or a student actively enrolled in, a professional training program the educational standards of which meet the training requirements for a license under this title or title 68, chapter 24, part 6, as long as the graduate or student: (i) Is providing telehealth services for the purpose of obtaining hours required for licensure or of otherwise fulfilling the educational requirements to apply for licensure; and (ii) Is, at all times, supervised by an individual who is licensed under this title or title 68, chapter 24, part 6, with an unencumbered license; (2) "Store-and-forward telemedicine services" means the use of asynchronous computer-based communications, which may include the transfer of medical data in an image captured or created by a camera or similar device, between a healthcare provider and patient for the purpose of diagnosis, consultation, or treatment of the patient at a distant site where there may be no in-person exchange between the healthcare provider and the patient; and (3) "Telehealth," "telemedicine," and "provider-based telemedicine" mean: (A) The use of real time audio, video, or other electronic media and telecommunication technology that enables interaction between a healthcare provider and a patient for the purpose of diagnosis, consultation, or treatment of a patient at a distant site where there may be no in-person exchange between a healthcare provider and a patient; or (B) Store-and-forward telemedicine services. (b) For the purposes of this section, a healthcare provider-patient relationship with respect to telemedicine or telehealth is created by mutual consent and mutual communication, except in an emergency, between the patient and the provider. The consent by the patient may be expressed or implied consent; however, the provider-patient relationship is not created simply by the receipt of patient health information by a provider unless a prior provider-patient relationship exists. The duties and obligations created by the relationship do not arise until the healthcare provider: (1) Affirmatively undertakes to diagnose or treat the patient; or (2) Affirmatively participates in the diagnosis or treatment. (c) (1) (A) A healthcare provider who delivers services through the use of telehealth is held to the same standard of professional practice as a similar licensee of the same practice area or specialty that is providing the same healthcare services through in-person encounters, and nothing in this section is intended to create any new standards of care. (B) Notwithstanding subdivision (c)(1)(A), telehealth services must be provided in compliance with the guidelines created pursuant to part 4 of this chapter. (2) The board or licensing entity governing any healthcare provider covered by this section shall not establish a more restrictive standard of professional practice for the practice of telehealth than that specifically authorized by the provider's practice act or other specifically applicable statute, including this chapter or title 53, chapter 10 or 11. (3) This section does not apply to pain management clinics, as defined in § 63-1-301 , chronic nonmalignant pain treatment, or those individuals licensed pursuant to chapter 12 of this title. (d) Sections 63-6-231 and 63-6-214(b)(21) do not apply to the practice of telemedicine under this section. (e) This section does not apply to or restrict the requirements of the Tennessee Abortion-Inducing Drug Risk Protocol Act, compiled in chapter 6, part 11 of this title. (f) Section 63-6-204(a) also applies to telemedicine. (g) (1) Except as provided in subdivisions (g)(2) and (3), to practice under this section a healthcare provider must be licensed to practice in this state or be a graduate or student meeting the requirements of subdivision (a)(1)(D). (2) A physician must be licensed to practice under chapter 6 or 9 of this title in order to practice telemedicine pursuant to § 63-6-209(b) , except as otherwise authorized by law or rule. (3) An individual licensed in another state who would, if licensed in this state, qualify as a healthcare provider under subsection (a) may practice telehealth under this section while providing healthcare services on a volunteer basis through a free clinic pursuant to title 63, chapter 6, part 7. (h) [Deleted by its own terms effective April 1, 2022.] (i) Subdivision (a)(1)(A) does not prohibit a healthcare provider otherwise acting within the scope of practice of a valid license issued pursuant to this title from delivering services through the use of telehealth. (j) A healthcare provider who is authorized to prescribe buprenorphine under federal law shall not prescribe via telehealth a buprenorphine product, as approved by the federal food and drug administration for use in recovery or medication-assisted treatment, unless: (1) The healthcare provider is employed by or contracted with: (A) A licensed nonresidential office-based opiate treatment facility or licensed nonresidential opioid treatment program, as defined in § 33-2-402 ; (B) A community mental health center, as defined in § 33-1-101 ; (C) A federally qualified health center, as defined in § 63-10-601 ; (D) A hospital licensed under title 68 or 33; or (E) The bureau of TennCare's comprehensive enhanced buprenorphine treatment network; and (2) The delivery of telehealth is being provided on behalf of the entity that employs or contracts with the provider. Amended by 2022 Tenn. Acts, ch. 1001, s 2, eff. 1/1/2023. Amended by 2022 Tenn. Acts, ch. 881, s 1, eff. 4/14/2022. Amended by 2022 Tenn. Acts, ch. 766, s 2, eff. 4/1/2022. Amended by 2021 Tenn. Acts, ch. 357, Secs.s 1, s 2 eff. 5/11/2021. Amended by 2021 Tenn. Acts, ch. 179, Secs.s 1, s 2, s 3 eff. 4/20/2021. Amended by 2021 Tenn. Acts, ch. 153, s 1, eff. 4/13/2021. Amended by 2021 Tenn. Acts, ch. 62, s 5, eff. 3/29/2021. Amended by 2020EX2 Tenn. Acts, ch. 4, s 9, eff. 8/20/2020. Added by 2015 Tenn. Acts, ch. 261, s 1, eff. 7/1/2015.
(a) For the purposes of this section: (1) "Healthcare provider" means: (A) An individual acting within the scope of a valid license issued pursuant to this title; (B) A state-contracted crisis service provider that is employed by a facility licensed under title 33; (C) An alcohol and drug abuse counselor licensed under title 68, chapter 24, part 6; or (D) A graduate who has completed, or a student actively enrolled in, a professional training program the educational standards of which meet the training requirements for a license under this title or title 68, chapter 24, part 6, as long as the graduate or student: (i) Is providing telehealth services for the purpose of obtaining hours required for licensure or of otherwise fulfilling the educational requirements to apply for licensure; and (ii) Is, at all times, supervised by an individual who is licensed under this title or title 68, chapter 24, part 6, with an unencumbered license; (2) "Store-and-forward telemedicine services" means the use of asynchronous computer-based communications, which may include the transfer of medical data in an image captured or created by a camera or similar device, between a healthcare provider and patient for the purpose of diagnosis, consultation, or treatment of the patient at a distant site where there may be no in-person exchange between the healthcare provider and the patient; and (3) "Telehealth," "telemedicine," and "provider-based telemedicine" mean: (A) The use of real time audio, video, or other electronic media and telecommunication technology that enables interaction between a healthcare provider and a patient for the purpose of diagnosis, consultation, or treatment of a patient at a distant site where there may be no in-person exchange between a healthcare provider and a patient; or (B) Store-and-forward telemedicine services.
(1) "Healthcare provider" means: (A) An individual acting within the scope of a valid license issued pursuant to this title; (B) A state-contracted crisis service provider that is employed by a facility licensed under title 33; (C) An alcohol and drug abuse counselor licensed under title 68, chapter 24, part 6; or (D) A graduate who has completed, or a student actively enrolled in, a professional training program the educational standards of which meet the training requirements for a license under this title or title 68, chapter 24, part 6, as long as the graduate or student: (i) Is providing telehealth services for the purpose of obtaining hours required for licensure or of otherwise fulfilling the educational requirements to apply for licensure; and (ii) Is, at all times, supervised by an individual who is licensed under this title or title 68, chapter 24, part 6, with an unencumbered license;
(A) An individual acting within the scope of a valid license issued pursuant to this title;
(B) A state-contracted crisis service provider that is employed by a facility licensed under title 33;
(C) An alcohol and drug abuse counselor licensed under title 68, chapter 24, part 6; or
(D) A graduate who has completed, or a student actively enrolled in, a professional training program the educational standards of which meet the training requirements for a license under this title or title 68, chapter 24, part 6, as long as the graduate or student: (i) Is providing telehealth services for the purpose of obtaining hours required for licensure or of otherwise fulfilling the educational requirements to apply for licensure; and (ii) Is, at all times, supervised by an individual who is licensed under this title or title 68, chapter 24, part 6, with an unencumbered license;
(i) Is providing telehealth services for the purpose of obtaining hours required for licensure or of otherwise fulfilling the educational requirements to apply for licensure; and
(ii) Is, at all times, supervised by an individual who is licensed under this title or title 68, chapter 24, part 6, with an unencumbered license;
(2) "Store-and-forward telemedicine services" means the use of asynchronous computer-based communications, which may include the transfer of medical data in an image captured or created by a camera or similar device, between a healthcare provider and patient for the purpose of diagnosis, consultation, or treatment of the patient at a distant site where there may be no in-person exchange between the healthcare provider and the patient; and
(3) "Telehealth," "telemedicine," and "provider-based telemedicine" mean: (A) The use of real time audio, video, or other electronic media and telecommunication technology that enables interaction between a healthcare provider and a patient for the purpose of diagnosis, consultation, or treatment of a patient at a distant site where there may be no in-person exchange between a healthcare provider and a patient; or (B) Store-and-forward telemedicine services.
(A) The use of real time audio, video, or other electronic media and telecommunication technology that enables interaction between a healthcare provider and a patient for the purpose of diagnosis, consultation, or treatment of a patient at a distant site where there may be no in-person exchange between a healthcare provider and a patient; or
(B) Store-and-forward telemedicine services.
(b) For the purposes of this section, a healthcare provider-patient relationship with respect to telemedicine or telehealth is created by mutual consent and mutual communication, except in an emergency, between the patient and the provider. The consent by the patient may be expressed or implied consent; however, the provider-patient relationship is not created simply by the receipt of patient health information by a provider unless a prior provider-patient relationship exists. The duties and obligations created by the relationship do not arise until the healthcare provider: (1) Affirmatively undertakes to diagnose or treat the patient; or (2) Affirmatively participates in the diagnosis or treatment.
(1) Affirmatively undertakes to diagnose or treat the patient; or
(2) Affirmatively participates in the diagnosis or treatment.
(c) (1) (A) A healthcare provider who delivers services through the use of telehealth is held to the same standard of professional practice as a similar licensee of the same practice area or specialty that is providing the same healthcare services through in-person encounters, and nothing in this section is intended to create any new standards of care. (B) Notwithstanding subdivision (c)(1)(A), telehealth services must be provided in compliance with the guidelines created pursuant to part 4 of this chapter. (2) The board or licensing entity governing any healthcare provider covered by this section shall not establish a more restrictive standard of professional practice for the practice of telehealth than that specifically authorized by the provider's practice act or other specifically applicable statute, including this chapter or title 53, chapter 10 or 11. (3) This section does not apply to pain management clinics, as defined in § 63-1-301 , chronic nonmalignant pain treatment, or those individuals licensed pursuant to chapter 12 of this title.
(1) (A) A healthcare provider who delivers services through the use of telehealth is held to the same standard of professional practice as a similar licensee of the same practice area or specialty that is providing the same healthcare services through in-person encounters, and nothing in this section is intended to create any new standards of care. (B) Notwithstanding subdivision (c)(1)(A), telehealth services must be provided in compliance with the guidelines created pursuant to part 4 of this chapter.
(A) A healthcare provider who delivers services through the use of telehealth is held to the same standard of professional practice as a similar licensee of the same practice area or specialty that is providing the same healthcare services through in-person encounters, and nothing in this section is intended to create any new standards of care.
(B) Notwithstanding subdivision (c)(1)(A), telehealth services must be provided in compliance with the guidelines created pursuant to part 4 of this chapter.
(2) The board or licensing entity governing any healthcare provider covered by this section shall not establish a more restrictive standard of professional practice for the practice of telehealth than that specifically authorized by the provider's practice act or other specifically applicable statute, including this chapter or title 53, chapter 10 or 11.
(3) This section does not apply to pain management clinics, as defined in § 63-1-301 , chronic nonmalignant pain treatment, or those individuals licensed pursuant to chapter 12 of this title.
(d) Sections 63-6-231 and 63-6-214(b)(21) do not apply to the practice of telemedicine under this section.
(e) This section does not apply to or restrict the requirements of the Tennessee Abortion-Inducing Drug Risk Protocol Act, compiled in chapter 6, part 11 of this title.
(f) Section 63-6-204(a) also applies to telemedicine.
(g) (1) Except as provided in subdivisions (g)(2) and (3), to practice under this section a healthcare provider must be licensed to practice in this state or be a graduate or student meeting the requirements of subdivision (a)(1)(D). (2) A physician must be licensed to practice under chapter 6 or 9 of this title in order to practice telemedicine pursuant to § 63-6-209(b) , except as otherwise authorized by law or rule. (3) An individual licensed in another state who would, if licensed in this state, qualify as a healthcare provider under subsection (a) may practice telehealth under this section while providing healthcare services on a volunteer basis through a free clinic pursuant to title 63, chapter 6, part 7.
(1) Except as provided in subdivisions (g)(2) and (3), to practice under this section a healthcare provider must be licensed to practice in this state or be a graduate or student meeting the requirements of subdivision (a)(1)(D).
(2) A physician must be licensed to practice under chapter 6 or 9 of this title in order to practice telemedicine pursuant to § 63-6-209(b) , except as otherwise authorized by law or rule.
(3) An individual licensed in another state who would, if licensed in this state, qualify as a healthcare provider under subsection (a) may practice telehealth under this section while providing healthcare services on a volunteer basis through a free clinic pursuant to title 63, chapter 6, part 7.
(h) [Deleted by its own terms effective April 1, 2022.]
(i) Subdivision (a)(1)(A) does not prohibit a healthcare provider otherwise acting within the scope of practice of a valid license issued pursuant to this title from delivering services through the use of telehealth.
(j) A healthcare provider who is authorized to prescribe buprenorphine under federal law shall not prescribe via telehealth a buprenorphine product, as approved by the federal food and drug administration for use in recovery or medication-assisted treatment, unless: (1) The healthcare provider is employed by or contracted with: (A) A licensed nonresidential office-based opiate treatment facility or licensed nonresidential opioid treatment program, as defined in § 33-2-402 ; (B) A community mental health center, as defined in § 33-1-101 ; (C) A federally qualified health center, as defined in § 63-10-601 ; (D) A hospital licensed under title 68 or 33; or (E) The bureau of TennCare's comprehensive enhanced buprenorphine treatment network; and (2) The delivery of telehealth is being provided on behalf of the entity that employs or contracts with the provider.
(1) The healthcare provider is employed by or contracted with: (A) A licensed nonresidential office-based opiate treatment facility or licensed nonresidential opioid treatment program, as defined in § 33-2-402 ; (B) A community mental health center, as defined in § 33-1-101 ; (C) A federally qualified health center, as defined in § 63-10-601 ; (D) A hospital licensed under title 68 or 33; or (E) The bureau of TennCare's comprehensive enhanced buprenorphine treatment network; and
(A) A licensed nonresidential office-based opiate treatment facility or licensed nonresidential opioid treatment program, as defined in § 33-2-402 ;
(B) A community mental health center, as defined in § 33-1-101 ;
(C) A federally qualified health center, as defined in § 63-10-601 ;
(D) A hospital licensed under title 68 or 33; or
(E) The bureau of TennCare's comprehensive enhanced buprenorphine treatment network; and
(2) The delivery of telehealth is being provided on behalf of the entity that employs or contracts with the provider.
Amended by 2022 Tenn. Acts, ch. 1001, s 2, eff. 1/1/2023.
Amended by 2022 Tenn. Acts, ch. 881, s 1, eff. 4/14/2022.
Amended by 2022 Tenn. Acts, ch. 766, s 2, eff. 4/1/2022.
Amended by 2021 Tenn. Acts, ch. 357, Secs.s 1, s 2 eff. 5/11/2021.
Amended by 2021 Tenn. Acts, ch. 179, Secs.s 1, s 2, s 3 eff. 4/20/2021.
Amended by 2021 Tenn. Acts, ch. 153, s 1, eff. 4/13/2021.
Amended by 2021 Tenn. Acts, ch. 62, s 5, eff. 3/29/2021.
Amended by 2020EX2 Tenn. Acts, ch. 4, s 9, eff. 8/20/2020.
Added by 2015 Tenn. Acts, ch. 261, s 1, eff. 7/1/2015.
Tenn. Code Ann. § 63-6-204 — TN Code / Title 63 / Chapter 6 / Section 63-6-204
"Practice of medicine" defined - Construction
Status: in_force

(a) (1) Any person shall be regarded as practicing medicine within the meaning of this chapter who treats, or professes to diagnose, treat, operates on or prescribes for any physical ailment or any physical injury to or deformity of another. (2) Nothing in this section shall be construed to apply to the administration of domestic or family remedies in cases of emergency or to the laws regulating the practice of dentistry. (3) This chapter shall not apply to surgeons of the United States army, navy, air force, or marine hospital service regardless of the hospital or practice site; provided, that the surgeon's practice is part of the surgeon's authorized military service or training. This chapter shall also not apply to any registered physician or surgeon of other states when called in consultation by a registered physician of this state, or to midwives, veterinary surgeons, osteopathic physicians, or chiropractors not giving or using medicine in their practice, or to opticians, optometrists, chiropodists, or Christian Scientists. (b) (1) This chapter must not be construed to prohibit service rendered by a registered nurse, a licensed practical nurse, or a pharmacist pursuant to a collaborative pharmacy practice agreement, if such service is rendered under the supervision, control and responsibility of a licensed physician or to prohibit the provision of anesthesiology services in licensed health care facilities by a dentist licensed in this state who completed a residency program in anesthesiology at an accredited medical school in years 1963 through 1977. (2) This chapter must not be construed to prohibit service rendered by a physician assistant practicing in collaboration with a physician, osteopathic physician, or podiatrist in accordance with the requirements of title 63, chapter 19, whether through protocols or a collaborative agreement. (c) Nothing in this section shall be construed to prohibit a person, corporation, organization or other entity from employing a physician to treat only the entity's full-time, part-time and contract employees, the entity's retirees and dependents of the entity's employees or retirees; provided, however, that the employment relationship between the physician and the person, corporation, organization or other entity is evidenced by a written contract, job description or documentation, containing language which does not restrict the physician from exercising independent medical judgment in diagnosing and treating patients. Under this section, such person, corporation, organization or other entity shall not be deemed to be engaged in the practice of medicine. (d) Nothing in this section shall be construed to prohibit a community mental health center as defined in § 33-1-101 from employing a physician; provided, that the employment relationship between the physician and the community mental health center is evidenced by a written contract, job description or documentation, containing language which does not restrict the physician from exercising independent medical judgment in diagnosing and treating patients; provided, for the purposes of this subsection (d), "physician" does not include an anesthesiologist, an emergency department physician, a pathologist or a radiologist. (e) (1) Nothing in this section prohibits a federally-qualified health center or rural health clinic from employing a physician if the employment relationship between the physician and the federally-qualified health center or rural health clinic is evidenced by a written contract, job description, or documentation containing language that does not restrict the physician from exercising independent medical judgment in diagnosing and treating patients. (2) As used in this subsection (e): (A) "Federally-qualified health center" has the same meaning as defined under §§ 1861(aa) and 1905 of the federal Social Security Act ( 42 U.S.C. §§ 1395x and 1396d , respectively); (B) "Physician" does not include an anesthesiologist, an emergency department physician, a pathologist, or a radiologist; and (C) "Rural health clinic" has the same meaning as defined under §§ 1861(aa) and 1905 of the federal Social Security Act ( 42 U.S.C. §§ 1395x and 1396d , respectively). (f) (1) Notwithstanding this section, nothing shall prohibit a hospital licensed under title 68, chapter 11, or title 33, chapter 2, or an affiliate of a hospital, from employing licensed physicians other than radiologists, anesthesiologists, pathologists, or emergency physicians, to provide medical services, subject to the following conditions: (A) Employing entities shall not restrict or interfere with medically appropriate diagnostic or treatment decisions; (B) Employing entities shall not restrict or interfere with physician referral decisions unless: (i) The physician so employed has agreed in writing to the specific restrictions at the time that the contract is executed; (ii) The restriction does not, in the reasonable medical judgment of the physician, adversely affect the health or welfare of the patient; and (iii) The employing entity discloses any such restrictions to the patient; and (C) In the event that there is any dispute relating to subdivision (f)(1)(A) or (B), the employing entity shall have the burden of proof. (2) Employing entities shall not restrict the employed physician's right to practice medicine upon the termination or conclusion of the employment relationship, except as follows: (A) For physicians from whom the employing entity has made a bona fide purchase of the physician's practice, the employing entity may impose reasonable geographic restrictions upon the employed physician's practice; provided, that: (i) The maximum allowable area of the restriction is the greater of: (a) The county in which the primary practice site is located; or (b) A ten (10) mile radius from the primary practice site; (ii) The duration of the restriction is two (2) years or less, unless a longer period, not to exceed five (5) years, is determined by mutual agreement of the parties in writing to be necessary to comply with federal statutes, rules, regulations, or IRS revenue rulings or private letter rulings; (iii) Any employment agreement or medical practice sale agreement restricting the right of a physician to practice shall: (a) Allow the physician to buy back the physician's medical practice for the original purchase price of the practice, or, in the alternative, if the parties agree in writing, at a price not to exceed the fair market value of the practice at the time of the buy back, at which time any such restriction on practice shall be void; and (b) Not require that the physician give more than thirty-day's notice to exercise the repurchase option; provided, that this provision shall not otherwise affect the contract termination notice requirements; and (iv) If the buy back provision is dependent upon a determination of the fair market value of the practice, the contract shall specify the method of determining fair market value by independent appraisal, in the event that the parties cannot agree as to the fair market value. The contract shall also include the following language: "In the event that the employing entity and the physician cannot agree upon the fair market value of the practice within ten (10) business days of the physician's notice of intent to repurchase the practice, the physician may remove any contractual restrictions upon the physician's practice by tendering to the employing entity the amount that was paid to the physician for the practice. The employing entity or the physician may then seek a determination of the fair market value of the practice by the independent appraisal method specified by contract." (B) For physicians employed independently of a bona fide practice purchase, employing entities shall not restrict the employed physician's right to practice medicine upon the termination or conclusion of the employment relationship, except as allowed by § 63-1-148 or any successor section. (3) Notwithstanding the foregoing, in the event that the employment contract with a physician employed independently of a bona fide practice purchase is terminated by the employing entity for reasons other than breach by the employee, any such restrictions shall be void. (4) In any event, nothing in this section shall prohibit any of the following from employing physicians: (A) A licensed physician; or (B) A group of licensed physicians, including, but not limited to, either of the following: (i) A physicians' professional corporation registered under title 48, chapter 101; or (ii) A domestic nonprofit public benefit corporation: (a) That is recognized as exempt under § 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) ), or any successor section; (b) A purpose of which is to engage in medical education and medical research in conjunction with a college or university operating an accredited medical school in Tennessee; (c) Whose physician-employees are restricted to the medical faculty of such a college or university; and (d) Which operates as a "faculty practice plan" for purposes of Title XVIII of the federal Social Security Act (42 U.S.C., Chapter 7, subchapter XVIII), and regulations promulgated in connection therewith; Provided, that with respect to any such domestic nonprofit public benefit corporation, physician employees of any such faculty practice plan who practice in the specialties of radiology, pathology, anesthesiology and/or emergency medicine shall be restricted to practice as faculty practice plan employees in those health care institutions, including but not limited to hospitals or surgery centers, in which they were practicing as employees of the nonprofit public benefit corporation on May 30, 1997. (5) A hospital affiliate that employs physicians shall not engage in any business other than the employment of physicians, the management of physicians and health care facilities, or the ownership of property and facilities used in the provision of health care services. An affiliate of a hospital that employs physicians pursuant to this part shall be subject to the authority of the applicable licensing board under either title 68, chapter 11, or title 33, chapter 2 in connection with employment of physicians. Any violation of this statute by an affiliate shall subject any hospital at which the physician has staff privileges, and that controls or is under common control with the affiliate to the penalties and sanctions applied to hospitals that employ physicians. (6) (A) No radiologist, anesthesiologist, pathologist, or emergency physician may be employed by a hospital or an affiliate of a hospital, and no hospital or an affiliate of a hospital, may employ any physician to provide medical services provided by radiologists, anesthesiologists, pathologists, or emergency physicians; provided, that a physician may be employed to provide emergency medical services if such physician is employed to provide other medical services. (B) Notwithstanding subdivisions (f)(6)(A) and (f)(1), a "research hospital," as defined in this section, may employ radiologists, anesthesiologists, or pathologists under the same terms and conditions as other physicians. (7) As used in this section, unless the context otherwise requires: (A) "Affiliate" of a hospital means an entity that directly or indirectly is controlled by, or is under common control with, a hospital licensed under title 68, chapter 11 or title 33, chapter 2. "Affiliate" does not mean, however, a health maintenance organization licensed under title 56, chapter 32; (B) "Anesthesiologist" is a physician who has completed a residency in anesthesiology and whose practice is primarily limited to anesthesiology, including, without limitation, nerve block, pain management, cardiac and respiratory resuscitation, respiratory therapy, management of fluids, electrolyte and metabolic disturbances, or a dentist licensed in the state who completed a residency program in anesthesiology at an accredited medical school in years 1963 through 1977; (C) "Emergency physician" is a physician who has either completed a residency in emergency medicine, or practiced emergency medicine full time for a three year period, and whose practice is limited to emergency medicine. "Emergency physician" does not include, however, a physician who has been previously employed to provide nonemergent medical services who, over a period of twelve (12) months or more, becomes a full time emergency physician and who remains employed by mutual agreement; (D) "Employing entity" means a hospital licensed under title 68, chapter 11, or title 33, chapter 2, or an affiliate of such an entity, that employs one (1) or more physicians. "Employing entity" does not mean, however, a health maintenance organization licensed under title 56, chapter 32; (E) "Pathologist" is a physician who has completed a residency in pathology and whose practice is primarily limited to pathology, including, without limitation, anatomic and clinical pathology; (F) "Physician" means a person licensed pursuant to chapter 6 or 9 of this title; (G) "Psychiatrist" means a physician who has completed a residency in psychiatry and whose practice is primarily limited to psychiatry. (H) "Radiologist" is a physician who has completed a residency in radiology and whose practice is primarily limited to radiology, including, without limitation, diagnostic radiology, radiation therapy, and radiation oncology; and (I) "Research hospital" means a hospital at which fifty percent (50%) or more of the inpatients treated during the previous calendar year were treated pursuant to research protocols. (g) (1) Notwithstanding this section, nothing shall prohibit a renal dialysis clinic licensed under title 68, chapter 11 or an affiliate of a renal dialysis clinic from employing licensed physicians other than radiologists, anesthesiologists, pathologists or emergency physicians to provide medical services, subject to the following conditions: (A) Employing entities shall not restrict or interfere with medically appropriate diagnostic or treatment decisions; (B) Employing entities shall not restrict or interfere with physician referral decisions unless: (i) The physician so employed has agreed in writing to the specific restrictions at the time that the contract is executed; (ii) The restriction does not, in the reasonable medical judgment of the physician, adversely affect the health or welfare of the patient; and (iii) The employing entity discloses the restrictions to the patient; and (C) In the event that there is any dispute relating to subdivision (g)(1)(A) or (g)(1)(B), the employing entity shall have the burden of proof. (2) Employing entities shall not restrict the employed physician's right to practice medicine upon the termination or conclusion of the employment relationship, except as allowed by § 63-1-148 or any successor section. (3) Notwithstanding § 63-1-148 or any successor section, in the event that the employment contract with a physician employed independently of a bona fide practice purchase is terminated by the employing entity for reasons other than breach by the employee, the restrictions shall be void. (4) In any event, nothing in this section shall prohibit any of the following from employing physicians: (A) A licensed physician; or (B) A group of licensed physicians, including, but not limited to, either of the following: (i) A physicians' professional corporation registered under title 48, chapter 101; or (ii) (a) A domestic nonprofit public benefit corporation: (1) That is recognized as exempt under § 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) ) or any successor section; (2) A purpose of which is to engage in medical education and medical research in conjunction with a college or university operating an accredited medical school in Tennessee; (3) Whose physician-employees are restricted to the medical faculty of such a college or university; and (4) That operates as a faculty practice plan for purposes of Title XVIII of the federal Social Security Act (42 U.S.C. chapter 7, subchapter XVIII) and regulations promulgated in connection therewith. (b) Provided, that, with respect to the domestic nonprofit public benefit corporation, physician employees of the faculty practice plan who practice in the specialties of radiology, pathology, anesthesiology or emergency medicine shall be restricted to practice as faculty practice plan employees in those health care institutions, including, but not limited to, hospitals or surgery centers, in which they were practicing as employees of the nonprofit public benefit corporation on May 30, 1997. (5) An affiliate of a renal dialysis clinic that employs physicians shall not engage in any business other than the employment of physicians, the management of physicians and health care facilities or the ownership of property and facilities used in the provision of health care services or a tissue bank or organ procurement agency. An affiliate of a renal dialysis clinic that employs physicians pursuant to this part shall be subject to the authority of the applicable licensing board under title 68, chapter 11, in connection with employment of physicians. Any violation of this subdivision (g)(5) by an affiliate shall subject any renal dialysis clinic at which the physician has staff privileges and that controls or is under common control with the affiliate to the penalties and sanctions applied to renal dialysis clinics that employ physicians. (6) No radiologist, anesthesiologist, pathologist or emergency physician may be employed by a renal dialysis clinic or an affiliate of a renal dialysis clinic, and no renal dialysis clinic or an affiliate of a renal dialysis clinic may employ any physician to provide medical services provided by radiologists, anesthesiologists, pathologists or emergency physicians; provided, that a physician may be employed to provide emergency medical services if the physician is employed to provide other medical services. (7) As used in this section, unless the context otherwise requires: (A) "Affiliate" of a renal dialysis clinic means an entity that directly or indirectly is controlled by or is under common control with a renal dialysis clinic licensed under title 68, chapter 11. "Affiliate" does not mean, however, a health maintenance organization licensed under title 56, chapter 32; (B) "Anesthesiologist" is a physician who has completed a residency in anesthesiology and whose practice is primarily limited to anesthesiology, including, without limitation, nerve block, pain management, cardiac and respiratory resuscitation, respiratory therapy, management of fluids, electrolyte and metabolic disturbances or a dentist licensed in this state who completed a residency program in anesthesiology at an accredited medical school in years 1963 through 1977; (C) "Emergency physician" is a physician who has either completed a residency in emergency medicine or practiced emergency medicine full-time for a three year period and whose practice is limited to emergency medicine. "Emergency physician" does not include, however, a physician who has been previously employed to provide nonemergent medical services who, over a period of twelve (12) months or more, becomes a full-time emergency physician and who remains employed by mutual agreement; (D) "Employing entity" means a renal dialysis clinic licensed under title 68, chapter 11 or an affiliate of such an entity that employs one (1) or more physicians. "Employing entity" does not mean, however, a health maintenance organization licensed under title 56, chapter 32; (E) "Pathologist" is a physician who has completed a residency in pathology and whose practice is primarily limited to pathology, including, without limitation, anatomic and clinical pathology; (F) "Physician" means a person licensed pursuant to chapter 6 or 9 of this title; and (G) "Radiologist" is a physician who has completed a residency in radiology and whose practice is primarily limited to radiology, including, without limitation, diagnostic radiology, radiation therapy and radiation oncology. (h) (1) The general assembly finds that there are special facts above and beyond ordinary competition that would give an unfair advantage to a physician when competing with the physician's former employer, if the former employer is a faculty practice plan. The existence of such special facts warrants protection of the faculty practice plan through restrictive covenants and prohibitions against an employed physician's right to practice medicine upon the termination or conclusion of the employment relationship. The general assembly further finds that the faculty practice plan's right to be free of unfair competition from a former employed physician outweighs any financial hardship to the former employed physician resulting from the operation of any such restrictive covenants or prohibition. The general assembly further finds that restrictive covenants and prohibitions against an employed physician's right to practice medicine upon the termination or conclusion of the employment relationship with a faculty practice plan are reasonable and not inimical to the public interest, subject to the temporal and geographic limitations set forth in subdivision (h)(2). (2) A faculty practice plan may impose restrictions or prohibitions upon an employed physician's right to practice medicine upon the termination or conclusion of the employment relationship provided that: (A) The maximum area of the restrictions or prohibitions is the greater of: (i) The county in which the primary practice site is located; or (ii) A ten (10) mile radius from the primary practice site; and (B) The maximum duration of the restrictions or prohibitions is two (2) years. (3) As used in this subsection (h), "faculty practice plan" means a domestic nonprofit public benefit corporation as defined in subdivision (f)(4)(B)(ii). (4) As used in this subsection (h), "primary practice site" includes any health care institution, including, but not limited to, a hospital, clinic, surgery center, or physicians' office, that the faculty practice plan or its affiliated college or university owned, leased, or operated within two (2) years before the termination or conclusion of the employment relationship between the physician and the faculty practice plan and at which the employed physician practiced medicine within such period of two (2) years. (5) This subsection (h) shall not apply: (A) To any physician employee of a faculty practice plan who practices in the specialties of ophthalmology, pathology, anesthesiology and/or emergency medicine; or (B) With respect to any physician employee of a faculty practice plan who practices as a primary care physician or in the specialties of obstetrics or general pediatrics in a health resources shortage area as determined in the health access plan most recently published by the department of health. (6) The requirements of this subsection (h) shall not be construed to preclude the enforceability of any restrictive covenant or prohibition exceeding the requirements or conditions of this subsection (h) that is reasonable and not inimical to the public interest under the common law principles governing restrictive covenants. (i) Notwithstanding the restrictions contained in this section, a nursing home or affiliate of a nursing home may employ a physician pursuant to § 68-11-205 . (j) (1) Nothing in this section shall be construed to prohibit a charitable clinic from employing or contracting with a physician; provided, that the contractual relationship between the physician and the charitable clinic is evidenced by a written contract, job description, or documentation, containing language that does not restrict the physician from exercising independent professional medical judgment in diagnosing and treating patients. (2) For the purposes of this subsection (j), the term "charitable clinic" means an entity that meets the following standards: (A) Has received a determination of exemption from the internal revenue service under 26 U.S.C. § 501(c)(3) or is a distinct part of an entity that has received such a determination of exemption; (B) Has clinical facilities located in this state; (C) Has a primary mission to provide health care or dental care services to low-income, uninsured, or underserved individuals; (D) Provides one (1) or more of the following services for free or at a discounted rate: (i) Medical care; (ii) Dental care; (iii) Mental health care; or (iv) Prescription medications; (E) Utilizes volunteer healthcare professionals and nonclinical volunteers; and (F) Is not required to be licensed under § 68-11-202(a)(1) . (3) For the purposes of this section, the term "employing" shall not allow the employing of those physicians exempted in subdivision (e)(3). (k) This section does not prohibit a licensed nonresidential office-based opiate treatment facility, as defined in § 33-2-402 , from employing or contracting with a physician if the facility has a physician in the ownership structure of its controlling business entity and the employment relationship between the physician to be employed or contracted with and the nonresidential office-based opiate treatment facility is evidenced by a written contract or employment agreement containing language that does not restrict the physician from exercising independent professional medical judgment in diagnosing and treating patients. (l) (1) This section does not prohibit a hospital or an affiliated entity from employing an emergency physician to treat patients at a satellite emergency department, or a physician to treat patients at a primary care clinic or urgent care clinic, which are located in this state and owned or controlled by the hospital or affiliated entity, if: (A) The hospital: (i) Is located in a neighboring state in a county contiguous to this state; (ii) Is licensed by the appropriate healthcare facility licensing authority in that state; and (iii) Holds a valid certificate of need for a satellite emergency department in this state; (B) The satellite emergency department, primary care clinic, or urgent care clinic is located: (i) In a county that: (a) Borders the neighboring state and contiguous county in which the hospital is located; (b) Is designated as an economically distressed or at-risk county by the department of economic and community development, as updated annually; (c) Has a population of less than twenty-seven thousand (27,000), according to the 2020 federal census or a subsequent federal census; and (d) Had a hospital in the county close within eight (8) years before the date healthcare services are initiated at the satellite emergency department, primary care clinic, or urgent care clinic; and (ii) Less than twenty (20) miles from a hospital designated as a Level I, II, or III trauma center in the neighboring state, but more than fifty (50) miles from a hospital designated as a Level I, II, or III trauma center in this state; (C) The physician is: (i) Licensed to practice medicine in this state; and (ii) Employed at the hospital in the neighboring state; and (D) The employment relationship with the physician is evidenced by a written contract, job description, or other documentation containing language that does not restrict the physician from exercising independent medical judgment in diagnosing and treating patients. (2) A hospital or affiliated entity that employs a physician pursuant to subdivision ( l )(1) is not deemed to be engaged in the practice of medicine. (3) As used in this subsection ( l ), "affiliated entity" means an entity that is directly or indirectly controlled by, or is under common control with, the hospital. (m) Except as provided in § 63-1-109 , as used in this section, "practice of medicine": (1) Includes attaching any of the following words or abbreviations to a name, either alone or in connection with other words or abbreviations indicating or inducing others to believe that the person is engaged in the practice of medicine or osteopathic medicine, including: (A) "Doctor of medicine"; (B) "M.D."; (C) "Doctor of osteopathy"; (D) "D.O."; (E) "Physician"; (F) "Osteopath" or "osteopathy"; (G) "Osteopathic medical physician"; (H) "Surgeon"; (I) "Physician and surgeon"; (J) "Anesthesiologist" or "anesthesiology"; (K) "Cardiologist" or "cardiology"; (L) "Dermatologist" or "dermatology"; (M) "Endocrinologist" or "endocrinology"; (N) "Gastroenterologist" or "gastroenterology"; (O) "Gynecologist" or "gynecology"; (P) "Hematologist" or "hematology"; (Q) "Internist"; (R) "Laryngologist" or "laryngology"; (S) "Nephrologist" or "nephrology"; (T) "Neurologist" or "neurology"; (U) "Obstetrician"; (V) "Oncologist" or "oncology"; (W) "Ophthalmologist" or "ophthalmology"; (X) "Orthopedic surgeon"; (Y) "Orthopedist"; (Z) "Otologist"; (AA) "Otolaryngologist"; (BB) "Otorhinolaryngologist"; (CC) "Pathologist" or "pathology"; (DD) "Pediatrician"; (EE) "Plastic surgeon" or "plastic surgery"; (FF) "Primary care physician"; (GG) "Proctologist" or "proctology"; (HH) "Psychiatrist"; (II) "Pulmonologist" or "pulmonology"; (JJ) "Radiologist" or "radiology"; (KK) "Rheumatologist" or "rheumatology"; (LL) "Rhinologist" or "rhinology"; (MM) "Urologist" or "urology"; (NN) "Medical doctor"; (OO) "Family practice physician"; (PP) "Emergency physician" or "emergency medicine physician"; (QQ) "Osteopathic surgeon"; or (RR) "Allergy" or "allergist"; (2) Does not prohibit a practitioner from using the practitioner's name, title, or profession that is allowed under the practitioner's practice act or another state law; and (3) Does not apply to an optometrist licensed in this state who is performing lawful services according to the definition of "practice of optometry as a profession," as defined in § 63-8-102 , and the rules adopted by the board of optometry pursuant to that section. Amended by 2024 Tenn. Acts, ch. 1042,s 13, eff. upon promulgation of rules governing the collaborative agreements of physician assistants with physicians; see T.C.A. § 63-19-106(h)(1). Amended by 2024 Tenn. Acts, ch. 893,s 2, eff. 5/1/2024. Amended by 2023 Tenn. Acts, ch. 196, s 1, eff. 7/1/2023. Amended by 2020 Tenn. Acts, ch. 574, s 1, eff. 3/19/2020. Amended by 2019 Tenn. Acts, ch. 259, s 1, eff. 4/30/2019. Amended by 2017 Tenn. Acts, ch. 259, s 1, eff. 7/1/2017. Amended by 2016 Tenn. Acts, ch. 766, s 2, eff. 4/19/2016. Amended by 2014 Tenn. Acts, ch. 832, s 5, eff. 7/1/2014. Amended by 2014 Tenn. Acts, ch. 695, Secs.s 1, s 2 eff. 4/15/2014. Acts 1901, ch. 78, § 19; Shan., § 3609a33; mod. Code 1932, § 6937; Acts 1945, ch. 181, § 10; impl. am. Acts 1947, ch. 2, §§ 1, 2; C. Supp. 1950, § 6937; modified; Acts 1973, ch. 166, § 7; T.C.A. (orig. ed.), § 63-608; Acts 1983, ch. 168, § 1; 1994, ch. 901, § 3; 1995, ch. 200, § 1; 1995, ch. 466, § 1; 1996, ch. 986, §§ 2, 3; 1996, ch. 1043, § 2; 1997 , ch. 349, § 1; 1998, ch. 1081, § 1; 2002, ch. 801, §§ 1, 2; 2003 , ch. 115, §§ 1, 2; 2005, ch. 20, § 1; 2008 , ch. 891, § 2; 2009 , ch. 70, § 1; 2011 , ch. 271, §§ 1, 2; 2012 , ch. 649, § 2.
(a) (1) Any person shall be regarded as practicing medicine within the meaning of this chapter who treats, or professes to diagnose, treat, operates on or prescribes for any physical ailment or any physical injury to or deformity of another. (2) Nothing in this section shall be construed to apply to the administration of domestic or family remedies in cases of emergency or to the laws regulating the practice of dentistry. (3) This chapter shall not apply to surgeons of the United States army, navy, air force, or marine hospital service regardless of the hospital or practice site; provided, that the surgeon's practice is part of the surgeon's authorized military service or training. This chapter shall also not apply to any registered physician or surgeon of other states when called in consultation by a registered physician of this state, or to midwives, veterinary surgeons, osteopathic physicians, or chiropractors not giving or using medicine in their practice, or to opticians, optometrists, chiropodists, or Christian Scientists.
(1) Any person shall be regarded as practicing medicine within the meaning of this chapter who treats, or professes to diagnose, treat, operates on or prescribes for any physical ailment or any physical injury to or deformity of another.
(2) Nothing in this section shall be construed to apply to the administration of domestic or family remedies in cases of emergency or to the laws regulating the practice of dentistry.
(3) This chapter shall not apply to surgeons of the United States army, navy, air force, or marine hospital service regardless of the hospital or practice site; provided, that the surgeon's practice is part of the surgeon's authorized military service or training. This chapter shall also not apply to any registered physician or surgeon of other states when called in consultation by a registered physician of this state, or to midwives, veterinary surgeons, osteopathic physicians, or chiropractors not giving or using medicine in their practice, or to opticians, optometrists, chiropodists, or Christian Scientists.
(b) (1) This chapter must not be construed to prohibit service rendered by a registered nurse, a licensed practical nurse, or a pharmacist pursuant to a collaborative pharmacy practice agreement, if such service is rendered under the supervision, control and responsibility of a licensed physician or to prohibit the provision of anesthesiology services in licensed health care facilities by a dentist licensed in this state who completed a residency program in anesthesiology at an accredited medical school in years 1963 through 1977. (2) This chapter must not be construed to prohibit service rendered by a physician assistant practicing in collaboration with a physician, osteopathic physician, or podiatrist in accordance with the requirements of title 63, chapter 19, whether through protocols or a collaborative agreement.
(1) This chapter must not be construed to prohibit service rendered by a registered nurse, a licensed practical nurse, or a pharmacist pursuant to a collaborative pharmacy practice agreement, if such service is rendered under the supervision, control and responsibility of a licensed physician or to prohibit the provision of anesthesiology services in licensed health care facilities by a dentist licensed in this state who completed a residency program in anesthesiology at an accredited medical school in years 1963 through 1977.
(2) This chapter must not be construed to prohibit service rendered by a physician assistant practicing in collaboration with a physician, osteopathic physician, or podiatrist in accordance with the requirements of title 63, chapter 19, whether through protocols or a collaborative agreement.
(c) Nothing in this section shall be construed to prohibit a person, corporation, organization or other entity from employing a physician to treat only the entity's full-time, part-time and contract employees, the entity's retirees and dependents of the entity's employees or retirees; provided, however, that the employment relationship between the physician and the person, corporation, organization or other entity is evidenced by a written contract, job description or documentation, containing language which does not restrict the physician from exercising independent medical judgment in diagnosing and treating patients. Under this section, such person, corporation, organization or other entity shall not be deemed to be engaged in the practice of medicine.
(d) Nothing in this section shall be construed to prohibit a community mental health center as defined in § 33-1-101 from employing a physician; provided, that the employment relationship between the physician and the community mental health center is evidenced by a written contract, job description or documentation, containing language which does not restrict the physician from exercising independent medical judgment in diagnosing and treating patients; provided, for the purposes of this subsection (d), "physician" does not include an anesthesiologist, an emergency department physician, a pathologist or a radiologist.
(e) (1) Nothing in this section prohibits a federally-qualified health center or rural health clinic from employing a physician if the employment relationship between the physician and the federally-qualified health center or rural health clinic is evidenced by a written contract, job description, or documentation containing language that does not restrict the physician from exercising independent medical judgment in diagnosing and treating patients. (2) As used in this subsection (e): (A) "Federally-qualified health center" has the same meaning as defined under §§ 1861(aa) and 1905 of the federal Social Security Act ( 42 U.S.C. §§ 1395x and 1396d , respectively); (B) "Physician" does not include an anesthesiologist, an emergency department physician, a pathologist, or a radiologist; and (C) "Rural health clinic" has the same meaning as defined under §§ 1861(aa) and 1905 of the federal Social Security Act ( 42 U.S.C. §§ 1395x and 1396d , respectively).
(1) Nothing in this section prohibits a federally-qualified health center or rural health clinic from employing a physician if the employment relationship between the physician and the federally-qualified health center or rural health clinic is evidenced by a written contract, job description, or documentation containing language that does not restrict the physician from exercising independent medical judgment in diagnosing and treating patients.
(2) As used in this subsection (e): (A) "Federally-qualified health center" has the same meaning as defined under §§ 1861(aa) and 1905 of the federal Social Security Act ( 42 U.S.C. §§ 1395x and 1396d , respectively); (B) "Physician" does not include an anesthesiologist, an emergency department physician, a pathologist, or a radiologist; and (C) "Rural health clinic" has the same meaning as defined under §§ 1861(aa) and 1905 of the federal Social Security Act ( 42 U.S.C. §§ 1395x and 1396d , respectively).
(A) "Federally-qualified health center" has the same meaning as defined under §§ 1861(aa) and 1905 of the federal Social Security Act ( 42 U.S.C. §§ 1395x and 1396d , respectively);
(B) "Physician" does not include an anesthesiologist, an emergency department physician, a pathologist, or a radiologist; and
(C) "Rural health clinic" has the same meaning as defined under §§ 1861(aa) and 1905 of the federal Social Security Act ( 42 U.S.C. §§ 1395x and 1396d , respectively).
(f) (1) Notwithstanding this section, nothing shall prohibit a hospital licensed under title 68, chapter 11, or title 33, chapter 2, or an affiliate of a hospital, from employing licensed physicians other than radiologists, anesthesiologists, pathologists, or emergency physicians, to provide medical services, subject to the following conditions: (A) Employing entities shall not restrict or interfere with medically appropriate diagnostic or treatment decisions; (B) Employing entities shall not restrict or interfere with physician referral decisions unless: (i) The physician so employed has agreed in writing to the specific restrictions at the time that the contract is executed; (ii) The restriction does not, in the reasonable medical judgment of the physician, adversely affect the health or welfare of the patient; and (iii) The employing entity discloses any such restrictions to the patient; and (C) In the event that there is any dispute relating to subdivision (f)(1)(A) or (B), the employing entity shall have the burden of proof. (2) Employing entities shall not restrict the employed physician's right to practice medicine upon the termination or conclusion of the employment relationship, except as follows: (A) For physicians from whom the employing entity has made a bona fide purchase of the physician's practice, the employing entity may impose reasonable geographic restrictions upon the employed physician's practice; provided, that: (i) The maximum allowable area of the restriction is the greater of: (a) The county in which the primary practice site is located; or (b) A ten (10) mile radius from the primary practice site; (ii) The duration of the restriction is two (2) years or less, unless a longer period, not to exceed five (5) years, is determined by mutual agreement of the parties in writing to be necessary to comply with federal statutes, rules, regulations, or IRS revenue rulings or private letter rulings; (iii) Any employment agreement or medical practice sale agreement restricting the right of a physician to practice shall: (a) Allow the physician to buy back the physician's medical practice for the original purchase price of the practice, or, in the alternative, if the parties agree in writing, at a price not to exceed the fair market value of the practice at the time of the buy back, at which time any such restriction on practice shall be void; and (b) Not require that the physician give more than thirty-day's notice to exercise the repurchase option; provided, that this provision shall not otherwise affect the contract termination notice requirements; and (iv) If the buy back provision is dependent upon a determination of the fair market value of the practice, the contract shall specify the method of determining fair market value by independent appraisal, in the event that the parties cannot agree as to the fair market value. The contract shall also include the following language: "In the event that the employing entity and the physician cannot agree upon the fair market value of the practice within ten (10) business days of the physician's notice of intent to repurchase the practice, the physician may remove any contractual restrictions upon the physician's practice by tendering to the employing entity the amount that was paid to the physician for the practice. The employing entity or the physician may then seek a determination of the fair market value of the practice by the independent appraisal method specified by contract." (B) For physicians employed independently of a bona fide practice purchase, employing entities shall not restrict the employed physician's right to practice medicine upon the termination or conclusion of the employment relationship, except as allowed by § 63-1-148 or any successor section. (3) Notwithstanding the foregoing, in the event that the employment contract with a physician employed independently of a bona fide practice purchase is terminated by the employing entity for reasons other than breach by the employee, any such restrictions shall be void. (4) In any event, nothing in this section shall prohibit any of the following from employing physicians: (A) A licensed physician; or (B) A group of licensed physicians, including, but not limited to, either of the following: (i) A physicians' professional corporation registered under title 48, chapter 101; or (ii) A domestic nonprofit public benefit corporation: (a) That is recognized as exempt under § 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) ), or any successor section; (b) A purpose of which is to engage in medical education and medical research in conjunction with a college or university operating an accredited medical school in Tennessee; (c) Whose physician-employees are restricted to the medical faculty of such a college or university; and (d) Which operates as a "faculty practice plan" for purposes of Title XVIII of the federal Social Security Act (42 U.S.C., Chapter 7, subchapter XVIII), and regulations promulgated in connection therewith; Provided, that with respect to any such domestic nonprofit public benefit corporation, physician employees of any such faculty practice plan who practice in the specialties of radiology, pathology, anesthesiology and/or emergency medicine shall be restricted to practice as faculty practice plan employees in those health care institutions, including but not limited to hospitals or surgery centers, in which they were practicing as employees of the nonprofit public benefit corporation on May 30, 1997. (5) A hospital affiliate that employs physicians shall not engage in any business other than the employment of physicians, the management of physicians and health care facilities, or the ownership of property and facilities used in the provision of health care services. An affiliate of a hospital that employs physicians pursuant to this part shall be subject to the authority of the applicable licensing board under either title 68, chapter 11, or title 33, chapter 2 in connection with employment of physicians. Any violation of this statute by an affiliate shall subject any hospital at which the physician has staff privileges, and that controls or is under common control with the affiliate to the penalties and sanctions applied to hospitals that employ physicians. (6) (A) No radiologist, anesthesiologist, pathologist, or emergency physician may be employed by a hospital or an affiliate of a hospital, and no hospital or an affiliate of a hospital, may employ any physician to provide medical services provided by radiologists, anesthesiologists, pathologists, or emergency physicians; provided, that a physician may be employed to provide emergency medical services if such physician is employed to provide other medical services. (B) Notwithstanding subdivisions (f)(6)(A) and (f)(1), a "research hospital," as defined in this section, may employ radiologists, anesthesiologists, or pathologists under the same terms and conditions as other physicians. (7) As used in this section, unless the context otherwise requires: (A) "Affiliate" of a hospital means an entity that directly or indirectly is controlled by, or is under common control with, a hospital licensed under title 68, chapter 11 or title 33, chapter 2. "Affiliate" does not mean, however, a health maintenance organization licensed under title 56, chapter 32; (B) "Anesthesiologist" is a physician who has completed a residency in anesthesiology and whose practice is primarily limited to anesthesiology, including, without limitation, nerve block, pain management, cardiac and respiratory resuscitation, respiratory therapy, management of fluids, electrolyte and metabolic disturbances, or a dentist licensed in the state who completed a residency program in anesthesiology at an accredited medical school in years 1963 through 1977; (C) "Emergency physician" is a physician who has either completed a residency in emergency medicine, or practiced emergency medicine full time for a three year period, and whose practice is limited to emergency medicine. "Emergency physician" does not include, however, a physician who has been previously employed to provide nonemergent medical services who, over a period of twelve (12) months or more, becomes a full time emergency physician and who remains employed by mutual agreement; (D) "Employing entity" means a hospital licensed under title 68, chapter 11, or title 33, chapter 2, or an affiliate of such an entity, that employs one (1) or more physicians. "Employing entity" does not mean, however, a health maintenance organization licensed under title 56, chapter 32; (E) "Pathologist" is a physician who has completed a residency in pathology and whose practice is primarily limited to pathology, including, without limitation, anatomic and clinical pathology; (F) "Physician" means a person licensed pursuant to chapter 6 or 9 of this title; (G) "Psychiatrist" means a physician who has completed a residency in psychiatry and whose practice is primarily limited to psychiatry. (H) "Radiologist" is a physician who has completed a residency in radiology and whose practice is primarily limited to radiology, including, without limitation, diagnostic radiology, radiation therapy, and radiation oncology; and (I) "Research hospital" means a hospital at which fifty percent (50%) or more of the inpatients treated during the previous calendar year were treated pursuant to research protocols.
(1) Notwithstanding this section, nothing shall prohibit a hospital licensed under title 68, chapter 11, or title 33, chapter 2, or an affiliate of a hospital, from employing licensed physicians other than radiologists, anesthesiologists, pathologists, or emergency physicians, to provide medical services, subject to the following conditions: (A) Employing entities shall not restrict or interfere with medically appropriate diagnostic or treatment decisions; (B) Employing entities shall not restrict or interfere with physician referral decisions unless: (i) The physician so employed has agreed in writing to the specific restrictions at the time that the contract is executed; (ii) The restriction does not, in the reasonable medical judgment of the physician, adversely affect the health or welfare of the patient; and (iii) The employing entity discloses any such restrictions to the patient; and (C) In the event that there is any dispute relating to subdivision (f)(1)(A) or (B), the employing entity shall have the burden of proof.
(A) Employing entities shall not restrict or interfere with medically appropriate diagnostic or treatment decisions;
(B) Employing entities shall not restrict or interfere with physician referral decisions unless: (i) The physician so employed has agreed in writing to the specific restrictions at the time that the contract is executed; (ii) The restriction does not, in the reasonable medical judgment of the physician, adversely affect the health or welfare of the patient; and (iii) The employing entity discloses any such restrictions to the patient; and
(i) The physician so employed has agreed in writing to the specific restrictions at the time that the contract is executed;
(ii) The restriction does not, in the reasonable medical judgment of the physician, adversely affect the health or welfare of the patient; and
(iii) The employing entity discloses any such restrictions to the patient; and
(C) In the event that there is any dispute relating to subdivision (f)(1)(A) or (B), the employing entity shall have the burden of proof.
(2) Employing entities shall not restrict the employed physician's right to practice medicine upon the termination or conclusion of the employment relationship, except as follows: (A) For physicians from whom the employing entity has made a bona fide purchase of the physician's practice, the employing entity may impose reasonable geographic restrictions upon the employed physician's practice; provided, that: (i) The maximum allowable area of the restriction is the greater of: (a) The county in which the primary practice site is located; or (b) A ten (10) mile radius from the primary practice site; (ii) The duration of the restriction is two (2) years or less, unless a longer period, not to exceed five (5) years, is determined by mutual agreement of the parties in writing to be necessary to comply with federal statutes, rules, regulations, or IRS revenue rulings or private letter rulings; (iii) Any employment agreement or medical practice sale agreement restricting the right of a physician to practice shall: (a) Allow the physician to buy back the physician's medical practice for the original purchase price of the practice, or, in the alternative, if the parties agree in writing, at a price not to exceed the fair market value of the practice at the time of the buy back, at which time any such restriction on practice shall be void; and (b) Not require that the physician give more than thirty-day's notice to exercise the repurchase option; provided, that this provision shall not otherwise affect the contract termination notice requirements; and (iv) If the buy back provision is dependent upon a determination of the fair market value of the practice, the contract shall specify the method of determining fair market value by independent appraisal, in the event that the parties cannot agree as to the fair market value. The contract shall also include the following language: "In the event that the employing entity and the physician cannot agree upon the fair market value of the practice within ten (10) business days of the physician's notice of intent to repurchase the practice, the physician may remove any contractual restrictions upon the physician's practice by tendering to the employing entity the amount that was paid to the physician for the practice. The employing entity or the physician may then seek a determination of the fair market value of the practice by the independent appraisal method specified by contract." (B) For physicians employed independently of a bona fide practice purchase, employing entities shall not restrict the employed physician's right to practice medicine upon the termination or conclusion of the employment relationship, except as allowed by § 63-1-148 or any successor section.
(A) For physicians from whom the employing entity has made a bona fide purchase of the physician's practice, the employing entity may impose reasonable geographic restrictions upon the employed physician's practice; provided, that: (i) The maximum allowable area of the restriction is the greater of: (a) The county in which the primary practice site is located; or (b) A ten (10) mile radius from the primary practice site; (ii) The duration of the restriction is two (2) years or less, unless a longer period, not to exceed five (5) years, is determined by mutual agreement of the parties in writing to be necessary to comply with federal statutes, rules, regulations, or IRS revenue rulings or private letter rulings; (iii) Any employment agreement or medical practice sale agreement restricting the right of a physician to practice shall: (a) Allow the physician to buy back the physician's medical practice for the original purchase price of the practice, or, in the alternative, if the parties agree in writing, at a price not to exceed the fair market value of the practice at the time of the buy back, at which time any such restriction on practice shall be void; and (b) Not require that the physician give more than thirty-day's notice to exercise the repurchase option; provided, that this provision shall not otherwise affect the contract termination notice requirements; and (iv) If the buy back provision is dependent upon a determination of the fair market value of the practice, the contract shall specify the method of determining fair market value by independent appraisal, in the event that the parties cannot agree as to the fair market value. The contract shall also include the following language: "In the event that the employing entity and the physician cannot agree upon the fair market value of the practice within ten (10) business days of the physician's notice of intent to repurchase the practice, the physician may remove any contractual restrictions upon the physician's practice by tendering to the employing entity the amount that was paid to the physician for the practice. The employing entity or the physician may then seek a determination of the fair market value of the practice by the independent appraisal method specified by contract."
(i) The maximum allowable area of the restriction is the greater of: (a) The county in which the primary practice site is located; or (b) A ten (10) mile radius from the primary practice site;
(a) The county in which the primary practice site is located; or
(b) A ten (10) mile radius from the primary practice site;
(ii) The duration of the restriction is two (2) years or less, unless a longer period, not to exceed five (5) years, is determined by mutual agreement of the parties in writing to be necessary to comply with federal statutes, rules, regulations, or IRS revenue rulings or private letter rulings;
(iii) Any employment agreement or medical practice sale agreement restricting the right of a physician to practice shall: (a) Allow the physician to buy back the physician's medical practice for the original purchase price of the practice, or, in the alternative, if the parties agree in writing, at a price not to exceed the fair market value of the practice at the time of the buy back, at which time any such restriction on practice shall be void; and (b) Not require that the physician give more than thirty-day's notice to exercise the repurchase option; provided, that this provision shall not otherwise affect the contract termination notice requirements; and
(a) Allow the physician to buy back the physician's medical practice for the original purchase price of the practice, or, in the alternative, if the parties agree in writing, at a price not to exceed the fair market value of the practice at the time of the buy back, at which time any such restriction on practice shall be void; and
(b) Not require that the physician give more than thirty-day's notice to exercise the repurchase option; provided, that this provision shall not otherwise affect the contract termination notice requirements; and
(iv) If the buy back provision is dependent upon a determination of the fair market value of the practice, the contract shall specify the method of determining fair market value by independent appraisal, in the event that the parties cannot agree as to the fair market value. The contract shall also include the following language: "In the event that the employing entity and the physician cannot agree upon the fair market value of the practice within ten (10) business days of the physician's notice of intent to repurchase the practice, the physician may remove any contractual restrictions upon the physician's practice by tendering to the employing entity the amount that was paid to the physician for the practice. The employing entity or the physician may then seek a determination of the fair market value of the practice by the independent appraisal method specified by contract."
"In the event that the employing entity and the physician cannot agree upon the fair market value of the practice within ten (10) business days of the physician's notice of intent to repurchase the practice, the physician may remove any contractual restrictions upon the physician's practice by tendering to the employing entity the amount that was paid to the physician for the practice. The employing entity or the physician may then seek a determination of the fair market value of the practice by the independent appraisal method specified by contract."
(B) For physicians employed independently of a bona fide practice purchase, employing entities shall not restrict the employed physician's right to practice medicine upon the termination or conclusion of the employment relationship, except as allowed by § 63-1-148 or any successor section.
(3) Notwithstanding the foregoing, in the event that the employment contract with a physician employed independently of a bona fide practice purchase is terminated by the employing entity for reasons other than breach by the employee, any such restrictions shall be void.
(4) In any event, nothing in this section shall prohibit any of the following from employing physicians: (A) A licensed physician; or (B) A group of licensed physicians, including, but not limited to, either of the following: (i) A physicians' professional corporation registered under title 48, chapter 101; or (ii) A domestic nonprofit public benefit corporation: (a) That is recognized as exempt under § 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) ), or any successor section; (b) A purpose of which is to engage in medical education and medical research in conjunction with a college or university operating an accredited medical school in Tennessee; (c) Whose physician-employees are restricted to the medical faculty of such a college or university; and (d) Which operates as a "faculty practice plan" for purposes of Title XVIII of the federal Social Security Act (42 U.S.C., Chapter 7, subchapter XVIII), and regulations promulgated in connection therewith; Provided, that with respect to any such domestic nonprofit public benefit corporation, physician employees of any such faculty practice plan who practice in the specialties of radiology, pathology, anesthesiology and/or emergency medicine shall be restricted to practice as faculty practice plan employees in those health care institutions, including but not limited to hospitals or surgery centers, in which they were practicing as employees of the nonprofit public benefit corporation on May 30, 1997.
(A) A licensed physician; or
(B) A group of licensed physicians, including, but not limited to, either of the following: (i) A physicians' professional corporation registered under title 48, chapter 101; or (ii) A domestic nonprofit public benefit corporation: (a) That is recognized as exempt under § 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) ), or any successor section; (b) A purpose of which is to engage in medical education and medical research in conjunction with a college or university operating an accredited medical school in Tennessee; (c) Whose physician-employees are restricted to the medical faculty of such a college or university; and (d) Which operates as a "faculty practice plan" for purposes of Title XVIII of the federal Social Security Act (42 U.S.C., Chapter 7, subchapter XVIII), and regulations promulgated in connection therewith; Provided, that with respect to any such domestic nonprofit public benefit corporation, physician employees of any such faculty practice plan who practice in the specialties of radiology, pathology, anesthesiology and/or emergency medicine shall be restricted to practice as faculty practice plan employees in those health care institutions, including but not limited to hospitals or surgery centers, in which they were practicing as employees of the nonprofit public benefit corporation on May 30, 1997.
(i) A physicians' professional corporation registered under title 48, chapter 101; or
(ii) A domestic nonprofit public benefit corporation: (a) That is recognized as exempt under § 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) ), or any successor section; (b) A purpose of which is to engage in medical education and medical research in conjunction with a college or university operating an accredited medical school in Tennessee; (c) Whose physician-employees are restricted to the medical faculty of such a college or university; and (d) Which operates as a "faculty practice plan" for purposes of Title XVIII of the federal Social Security Act (42 U.S.C., Chapter 7, subchapter XVIII), and regulations promulgated in connection therewith; Provided, that with respect to any such domestic nonprofit public benefit corporation, physician employees of any such faculty practice plan who practice in the specialties of radiology, pathology, anesthesiology and/or emergency medicine shall be restricted to practice as faculty practice plan employees in those health care institutions, including but not limited to hospitals or surgery centers, in which they were practicing as employees of the nonprofit public benefit corporation on May 30, 1997.
(a) That is recognized as exempt under § 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) ), or any successor section;
(b) A purpose of which is to engage in medical education and medical research in conjunction with a college or university operating an accredited medical school in Tennessee;
(c) Whose physician-employees are restricted to the medical faculty of such a college or university; and
(d) Which operates as a "faculty practice plan" for purposes of Title XVIII of the federal Social Security Act (42 U.S.C., Chapter 7, subchapter XVIII), and regulations promulgated in connection therewith; Provided, that with respect to any such domestic nonprofit public benefit corporation, physician employees of any such faculty practice plan who practice in the specialties of radiology, pathology, anesthesiology and/or emergency medicine shall be restricted to practice as faculty practice plan employees in those health care institutions, including but not limited to hospitals or surgery centers, in which they were practicing as employees of the nonprofit public benefit corporation on May 30, 1997.
Provided, that with respect to any such domestic nonprofit public benefit corporation, physician employees of any such faculty practice plan who practice in the specialties of radiology, pathology, anesthesiology and/or emergency medicine shall be restricted to practice as faculty practice plan employees in those health care institutions, including but not limited to hospitals or surgery centers, in which they were practicing as employees of the nonprofit public benefit corporation on May 30, 1997.
(5) A hospital affiliate that employs physicians shall not engage in any business other than the employment of physicians, the management of physicians and health care facilities, or the ownership of property and facilities used in the provision of health care services. An affiliate of a hospital that employs physicians pursuant to this part shall be subject to the authority of the applicable licensing board under either title 68, chapter 11, or title 33, chapter 2 in connection with employment of physicians. Any violation of this statute by an affiliate shall subject any hospital at which the physician has staff privileges, and that controls or is under common control with the affiliate to the penalties and sanctions applied to hospitals that employ physicians.
(6) (A) No radiologist, anesthesiologist, pathologist, or emergency physician may be employed by a hospital or an affiliate of a hospital, and no hospital or an affiliate of a hospital, may employ any physician to provide medical services provided by radiologists, anesthesiologists, pathologists, or emergency physicians; provided, that a physician may be employed to provide emergency medical services if such physician is employed to provide other medical services. (B) Notwithstanding subdivisions (f)(6)(A) and (f)(1), a "research hospital," as defined in this section, may employ radiologists, anesthesiologists, or pathologists under the same terms and conditions as other physicians.
(A) No radiologist, anesthesiologist, pathologist, or emergency physician may be employed by a hospital or an affiliate of a hospital, and no hospital or an affiliate of a hospital, may employ any physician to provide medical services provided by radiologists, anesthesiologists, pathologists, or emergency physicians; provided, that a physician may be employed to provide emergency medical services if such physician is employed to provide other medical services.
(B) Notwithstanding subdivisions (f)(6)(A) and (f)(1), a "research hospital," as defined in this section, may employ radiologists, anesthesiologists, or pathologists under the same terms and conditions as other physicians.
(7) As used in this section, unless the context otherwise requires: (A) "Affiliate" of a hospital means an entity that directly or indirectly is controlled by, or is under common control with, a hospital licensed under title 68, chapter 11 or title 33, chapter 2. "Affiliate" does not mean, however, a health maintenance organization licensed under title 56, chapter 32; (B) "Anesthesiologist" is a physician who has completed a residency in anesthesiology and whose practice is primarily limited to anesthesiology, including, without limitation, nerve block, pain management, cardiac and respiratory resuscitation, respiratory therapy, management of fluids, electrolyte and metabolic disturbances, or a dentist licensed in the state who completed a residency program in anesthesiology at an accredited medical school in years 1963 through 1977; (C) "Emergency physician" is a physician who has either completed a residency in emergency medicine, or practiced emergency medicine full time for a three year period, and whose practice is limited to emergency medicine. "Emergency physician" does not include, however, a physician who has been previously employed to provide nonemergent medical services who, over a period of twelve (12) months or more, becomes a full time emergency physician and who remains employed by mutual agreement; (D) "Employing entity" means a hospital licensed under title 68, chapter 11, or title 33, chapter 2, or an affiliate of such an entity, that employs one (1) or more physicians. "Employing entity" does not mean, however, a health maintenance organization licensed under title 56, chapter 32; (E) "Pathologist" is a physician who has completed a residency in pathology and whose practice is primarily limited to pathology, including, without limitation, anatomic and clinical pathology; (F) "Physician" means a person licensed pursuant to chapter 6 or 9 of this title; (G) "Psychiatrist" means a physician who has completed a residency in psychiatry and whose practice is primarily limited to psychiatry. (H) "Radiologist" is a physician who has completed a residency in radiology and whose practice is primarily limited to radiology, including, without limitation, diagnostic radiology, radiation therapy, and radiation oncology; and (I) "Research hospital" means a hospital at which fifty percent (50%) or more of the inpatients treated during the previous calendar year were treated pursuant to research protocols.
(A) "Affiliate" of a hospital means an entity that directly or indirectly is controlled by, or is under common control with, a hospital licensed under title 68, chapter 11 or title 33, chapter 2. "Affiliate" does not mean, however, a health maintenance organization licensed under title 56, chapter 32;
(B) "Anesthesiologist" is a physician who has completed a residency in anesthesiology and whose practice is primarily limited to anesthesiology, including, without limitation, nerve block, pain management, cardiac and respiratory resuscitation, respiratory therapy, management of fluids, electrolyte and metabolic disturbances, or a dentist licensed in the state who completed a residency program in anesthesiology at an accredited medical school in years 1963 through 1977;
(C) "Emergency physician" is a physician who has either completed a residency in emergency medicine, or practiced emergency medicine full time for a three year period, and whose practice is limited to emergency medicine. "Emergency physician" does not include, however, a physician who has been previously employed to provide nonemergent medical services who, over a period of twelve (12) months or more, becomes a full time emergency physician and who remains employed by mutual agreement;
(D) "Employing entity" means a hospital licensed under title 68, chapter 11, or title 33, chapter 2, or an affiliate of such an entity, that employs one (1) or more physicians. "Employing entity" does not mean, however, a health maintenance organization licensed under title 56, chapter 32;
(E) "Pathologist" is a physician who has completed a residency in pathology and whose practice is primarily limited to pathology, including, without limitation, anatomic and clinical pathology;
(F) "Physician" means a person licensed pursuant to chapter 6 or 9 of this title;
(G) "Psychiatrist" means a physician who has completed a residency in psychiatry and whose practice is primarily limited to psychiatry.
(H) "Radiologist" is a physician who has completed a residency in radiology and whose practice is primarily limited to radiology, including, without limitation, diagnostic radiology, radiation therapy, and radiation oncology; and
(I) "Research hospital" means a hospital at which fifty percent (50%) or more of the inpatients treated during the previous calendar year were treated pursuant to research protocols.
(g) (1) Notwithstanding this section, nothing shall prohibit a renal dialysis clinic licensed under title 68, chapter 11 or an affiliate of a renal dialysis clinic from employing licensed physicians other than radiologists, anesthesiologists, pathologists or emergency physicians to provide medical services, subject to the following conditions: (A) Employing entities shall not restrict or interfere with medically appropriate diagnostic or treatment decisions; (B) Employing entities shall not restrict or interfere with physician referral decisions unless: (i) The physician so employed has agreed in writing to the specific restrictions at the time that the contract is executed; (ii) The restriction does not, in the reasonable medical judgment of the physician, adversely affect the health or welfare of the patient; and (iii) The employing entity discloses the restrictions to the patient; and (C) In the event that there is any dispute relating to subdivision (g)(1)(A) or (g)(1)(B), the employing entity shall have the burden of proof. (2) Employing entities shall not restrict the employed physician's right to practice medicine upon the termination or conclusion of the employment relationship, except as allowed by § 63-1-148 or any successor section. (3) Notwithstanding § 63-1-148 or any successor section, in the event that the employment contract with a physician employed independently of a bona fide practice purchase is terminated by the employing entity for reasons other than breach by the employee, the restrictions shall be void. (4) In any event, nothing in this section shall prohibit any of the following from employing physicians: (A) A licensed physician; or (B) A group of licensed physicians, including, but not limited to, either of the following: (i) A physicians' professional corporation registered under title 48, chapter 101; or (ii) (a) A domestic nonprofit public benefit corporation: (1) That is recognized as exempt under § 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) ) or any successor section; (2) A purpose of which is to engage in medical education and medical research in conjunction with a college or university operating an accredited medical school in Tennessee; (3) Whose physician-employees are restricted to the medical faculty of such a college or university; and (4) That operates as a faculty practice plan for purposes of Title XVIII of the federal Social Security Act (42 U.S.C. chapter 7, subchapter XVIII) and regulations promulgated in connection therewith. (b) Provided, that, with respect to the domestic nonprofit public benefit corporation, physician employees of the faculty practice plan who practice in the specialties of radiology, pathology, anesthesiology or emergency medicine shall be restricted to practice as faculty practice plan employees in those health care institutions, including, but not limited to, hospitals or surgery centers, in which they were practicing as employees of the nonprofit public benefit corporation on May 30, 1997. (5) An affiliate of a renal dialysis clinic that employs physicians shall not engage in any business other than the employment of physicians, the management of physicians and health care facilities or the ownership of property and facilities used in the provision of health care services or a tissue bank or organ procurement agency. An affiliate of a renal dialysis clinic that employs physicians pursuant to this part shall be subject to the authority of the applicable licensing board under title 68, chapter 11, in connection with employment of physicians. Any violation of this subdivision (g)(5) by an affiliate shall subject any renal dialysis clinic at which the physician has staff privileges and that controls or is under common control with the affiliate to the penalties and sanctions applied to renal dialysis clinics that employ physicians. (6) No radiologist, anesthesiologist, pathologist or emergency physician may be employed by a renal dialysis clinic or an affiliate of a renal dialysis clinic, and no renal dialysis clinic or an affiliate of a renal dialysis clinic may employ any physician to provide medical services provided by radiologists, anesthesiologists, pathologists or emergency physicians; provided, that a physician may be employed to provide emergency medical services if the physician is employed to provide other medical services. (7) As used in this section, unless the context otherwise requires: (A) "Affiliate" of a renal dialysis clinic means an entity that directly or indirectly is controlled by or is under common control with a renal dialysis clinic licensed under title 68, chapter 11. "Affiliate" does not mean, however, a health maintenance organization licensed under title 56, chapter 32; (B) "Anesthesiologist" is a physician who has completed a residency in anesthesiology and whose practice is primarily limited to anesthesiology, including, without limitation, nerve block, pain management, cardiac and respiratory resuscitation, respiratory therapy, management of fluids, electrolyte and metabolic disturbances or a dentist licensed in this state who completed a residency program in anesthesiology at an accredited medical school in years 1963 through 1977; (C) "Emergency physician" is a physician who has either completed a residency in emergency medicine or practiced emergency medicine full-time for a three year period and whose practice is limited to emergency medicine. "Emergency physician" does not include, however, a physician who has been previously employed to provide nonemergent medical services who, over a period of twelve (12) months or more, becomes a full-time emergency physician and who remains employed by mutual agreement; (D) "Employing entity" means a renal dialysis clinic licensed under title 68, chapter 11 or an affiliate of such an entity that employs one (1) or more physicians. "Employing entity" does not mean, however, a health maintenance organization licensed under title 56, chapter 32; (E) "Pathologist" is a physician who has completed a residency in pathology and whose practice is primarily limited to pathology, including, without limitation, anatomic and clinical pathology; (F) "Physician" means a person licensed pursuant to chapter 6 or 9 of this title; and (G) "Radiologist" is a physician who has completed a residency in radiology and whose practice is primarily limited to radiology, including, without limitation, diagnostic radiology, radiation therapy and radiation oncology.
(1) Notwithstanding this section, nothing shall prohibit a renal dialysis clinic licensed under title 68, chapter 11 or an affiliate of a renal dialysis clinic from employing licensed physicians other than radiologists, anesthesiologists, pathologists or emergency physicians to provide medical services, subject to the following conditions: (A) Employing entities shall not restrict or interfere with medically appropriate diagnostic or treatment decisions; (B) Employing entities shall not restrict or interfere with physician referral decisions unless: (i) The physician so employed has agreed in writing to the specific restrictions at the time that the contract is executed; (ii) The restriction does not, in the reasonable medical judgment of the physician, adversely affect the health or welfare of the patient; and (iii) The employing entity discloses the restrictions to the patient; and (C) In the event that there is any dispute relating to subdivision (g)(1)(A) or (g)(1)(B), the employing entity shall have the burden of proof.
(A) Employing entities shall not restrict or interfere with medically appropriate diagnostic or treatment decisions;
(B) Employing entities shall not restrict or interfere with physician referral decisions unless: (i) The physician so employed has agreed in writing to the specific restrictions at the time that the contract is executed; (ii) The restriction does not, in the reasonable medical judgment of the physician, adversely affect the health or welfare of the patient; and (iii) The employing entity discloses the restrictions to the patient; and
(i) The physician so employed has agreed in writing to the specific restrictions at the time that the contract is executed;
(ii) The restriction does not, in the reasonable medical judgment of the physician, adversely affect the health or welfare of the patient; and
(iii) The employing entity discloses the restrictions to the patient; and
(C) In the event that there is any dispute relating to subdivision (g)(1)(A) or (g)(1)(B), the employing entity shall have the burden of proof.
(2) Employing entities shall not restrict the employed physician's right to practice medicine upon the termination or conclusion of the employment relationship, except as allowed by § 63-1-148 or any successor section.
(3) Notwithstanding § 63-1-148 or any successor section, in the event that the employment contract with a physician employed independently of a bona fide practice purchase is terminated by the employing entity for reasons other than breach by the employee, the restrictions shall be void.
(4) In any event, nothing in this section shall prohibit any of the following from employing physicians: (A) A licensed physician; or (B) A group of licensed physicians, including, but not limited to, either of the following: (i) A physicians' professional corporation registered under title 48, chapter 101; or (ii) (a) A domestic nonprofit public benefit corporation: (1) That is recognized as exempt under § 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) ) or any successor section; (2) A purpose of which is to engage in medical education and medical research in conjunction with a college or university operating an accredited medical school in Tennessee; (3) Whose physician-employees are restricted to the medical faculty of such a college or university; and (4) That operates as a faculty practice plan for purposes of Title XVIII of the federal Social Security Act (42 U.S.C. chapter 7, subchapter XVIII) and regulations promulgated in connection therewith. (b) Provided, that, with respect to the domestic nonprofit public benefit corporation, physician employees of the faculty practice plan who practice in the specialties of radiology, pathology, anesthesiology or emergency medicine shall be restricted to practice as faculty practice plan employees in those health care institutions, including, but not limited to, hospitals or surgery centers, in which they were practicing as employees of the nonprofit public benefit corporation on May 30, 1997.
(A) A licensed physician; or
(B) A group of licensed physicians, including, but not limited to, either of the following: (i) A physicians' professional corporation registered under title 48, chapter 101; or (ii) (a) A domestic nonprofit public benefit corporation: (1) That is recognized as exempt under § 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) ) or any successor section; (2) A purpose of which is to engage in medical education and medical research in conjunction with a college or university operating an accredited medical school in Tennessee; (3) Whose physician-employees are restricted to the medical faculty of such a college or university; and (4) That operates as a faculty practice plan for purposes of Title XVIII of the federal Social Security Act (42 U.S.C. chapter 7, subchapter XVIII) and regulations promulgated in connection therewith. (b) Provided, that, with respect to the domestic nonprofit public benefit corporation, physician employees of the faculty practice plan who practice in the specialties of radiology, pathology, anesthesiology or emergency medicine shall be restricted to practice as faculty practice plan employees in those health care institutions, including, but not limited to, hospitals or surgery centers, in which they were practicing as employees of the nonprofit public benefit corporation on May 30, 1997.
(i) A physicians' professional corporation registered under title 48, chapter 101; or
(ii) (a) A domestic nonprofit public benefit corporation: (1) That is recognized as exempt under § 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) ) or any successor section; (2) A purpose of which is to engage in medical education and medical research in conjunction with a college or university operating an accredited medical school in Tennessee; (3) Whose physician-employees are restricted to the medical faculty of such a college or university; and (4) That operates as a faculty practice plan for purposes of Title XVIII of the federal Social Security Act (42 U.S.C. chapter 7, subchapter XVIII) and regulations promulgated in connection therewith. (b) Provided, that, with respect to the domestic nonprofit public benefit corporation, physician employees of the faculty practice plan who practice in the specialties of radiology, pathology, anesthesiology or emergency medicine shall be restricted to practice as faculty practice plan employees in those health care institutions, including, but not limited to, hospitals or surgery centers, in which they were practicing as employees of the nonprofit public benefit corporation on May 30, 1997.
(a) A domestic nonprofit public benefit corporation: (1) That is recognized as exempt under § 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) ) or any successor section; (2) A purpose of which is to engage in medical education and medical research in conjunction with a college or university operating an accredited medical school in Tennessee; (3) Whose physician-employees are restricted to the medical faculty of such a college or university; and (4) That operates as a faculty practice plan for purposes of Title XVIII of the federal Social Security Act (42 U.S.C. chapter 7, subchapter XVIII) and regulations promulgated in connection therewith.
(1) That is recognized as exempt under § 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) ) or any successor section;
(2) A purpose of which is to engage in medical education and medical research in conjunction with a college or university operating an accredited medical school in Tennessee;
(3) Whose physician-employees are restricted to the medical faculty of such a college or university; and
(4) That operates as a faculty practice plan for purposes of Title XVIII of the federal Social Security Act (42 U.S.C. chapter 7, subchapter XVIII) and regulations promulgated in connection therewith.
(b) Provided, that, with respect to the domestic nonprofit public benefit corporation, physician employees of the faculty practice plan who practice in the specialties of radiology, pathology, anesthesiology or emergency medicine shall be restricted to practice as faculty practice plan employees in those health care institutions, including, but not limited to, hospitals or surgery centers, in which they were practicing as employees of the nonprofit public benefit corporation on May 30, 1997.
(5) An affiliate of a renal dialysis clinic that employs physicians shall not engage in any business other than the employment of physicians, the management of physicians and health care facilities or the ownership of property and facilities used in the provision of health care services or a tissue bank or organ procurement agency. An affiliate of a renal dialysis clinic that employs physicians pursuant to this part shall be subject to the authority of the applicable licensing board under title 68, chapter 11, in connection with employment of physicians. Any violation of this subdivision (g)(5) by an affiliate shall subject any renal dialysis clinic at which the physician has staff privileges and that controls or is under common control with the affiliate to the penalties and sanctions applied to renal dialysis clinics that employ physicians.
(6) No radiologist, anesthesiologist, pathologist or emergency physician may be employed by a renal dialysis clinic or an affiliate of a renal dialysis clinic, and no renal dialysis clinic or an affiliate of a renal dialysis clinic may employ any physician to provide medical services provided by radiologists, anesthesiologists, pathologists or emergency physicians; provided, that a physician may be employed to provide emergency medical services if the physician is employed to provide other medical services.
(7) As used in this section, unless the context otherwise requires: (A) "Affiliate" of a renal dialysis clinic means an entity that directly or indirectly is controlled by or is under common control with a renal dialysis clinic licensed under title 68, chapter 11. "Affiliate" does not mean, however, a health maintenance organization licensed under title 56, chapter 32; (B) "Anesthesiologist" is a physician who has completed a residency in anesthesiology and whose practice is primarily limited to anesthesiology, including, without limitation, nerve block, pain management, cardiac and respiratory resuscitation, respiratory therapy, management of fluids, electrolyte and metabolic disturbances or a dentist licensed in this state who completed a residency program in anesthesiology at an accredited medical school in years 1963 through 1977; (C) "Emergency physician" is a physician who has either completed a residency in emergency medicine or practiced emergency medicine full-time for a three year period and whose practice is limited to emergency medicine. "Emergency physician" does not include, however, a physician who has been previously employed to provide nonemergent medical services who, over a period of twelve (12) months or more, becomes a full-time emergency physician and who remains employed by mutual agreement; (D) "Employing entity" means a renal dialysis clinic licensed under title 68, chapter 11 or an affiliate of such an entity that employs one (1) or more physicians. "Employing entity" does not mean, however, a health maintenance organization licensed under title 56, chapter 32; (E) "Pathologist" is a physician who has completed a residency in pathology and whose practice is primarily limited to pathology, including, without limitation, anatomic and clinical pathology; (F) "Physician" means a person licensed pursuant to chapter 6 or 9 of this title; and (G) "Radiologist" is a physician who has completed a residency in radiology and whose practice is primarily limited to radiology, including, without limitation, diagnostic radiology, radiation therapy and radiation oncology.
(A) "Affiliate" of a renal dialysis clinic means an entity that directly or indirectly is controlled by or is under common control with a renal dialysis clinic licensed under title 68, chapter 11. "Affiliate" does not mean, however, a health maintenance organization licensed under title 56, chapter 32;
(B) "Anesthesiologist" is a physician who has completed a residency in anesthesiology and whose practice is primarily limited to anesthesiology, including, without limitation, nerve block, pain management, cardiac and respiratory resuscitation, respiratory therapy, management of fluids, electrolyte and metabolic disturbances or a dentist licensed in this state who completed a residency program in anesthesiology at an accredited medical school in years 1963 through 1977;
(C) "Emergency physician" is a physician who has either completed a residency in emergency medicine or practiced emergency medicine full-time for a three year period and whose practice is limited to emergency medicine. "Emergency physician" does not include, however, a physician who has been previously employed to provide nonemergent medical services who, over a period of twelve (12) months or more, becomes a full-time emergency physician and who remains employed by mutual agreement;
(D) "Employing entity" means a renal dialysis clinic licensed under title 68, chapter 11 or an affiliate of such an entity that employs one (1) or more physicians. "Employing entity" does not mean, however, a health maintenance organization licensed under title 56, chapter 32;
(E) "Pathologist" is a physician who has completed a residency in pathology and whose practice is primarily limited to pathology, including, without limitation, anatomic and clinical pathology;
(F) "Physician" means a person licensed pursuant to chapter 6 or 9 of this title; and
(G) "Radiologist" is a physician who has completed a residency in radiology and whose practice is primarily limited to radiology, including, without limitation, diagnostic radiology, radiation therapy and radiation oncology.
(h) (1) The general assembly finds that there are special facts above and beyond ordinary competition that would give an unfair advantage to a physician when competing with the physician's former employer, if the former employer is a faculty practice plan. The existence of such special facts warrants protection of the faculty practice plan through restrictive covenants and prohibitions against an employed physician's right to practice medicine upon the termination or conclusion of the employment relationship. The general assembly further finds that the faculty practice plan's right to be free of unfair competition from a former employed physician outweighs any financial hardship to the former employed physician resulting from the operation of any such restrictive covenants or prohibition. The general assembly further finds that restrictive covenants and prohibitions against an employed physician's right to practice medicine upon the termination or conclusion of the employment relationship with a faculty practice plan are reasonable and not inimical to the public interest, subject to the temporal and geographic limitations set forth in subdivision (h)(2). (2) A faculty practice plan may impose restrictions or prohibitions upon an employed physician's right to practice medicine upon the termination or conclusion of the employment relationship provided that: (A) The maximum area of the restrictions or prohibitions is the greater of: (i) The county in which the primary practice site is located; or (ii) A ten (10) mile radius from the primary practice site; and (B) The maximum duration of the restrictions or prohibitions is two (2) years. (3) As used in this subsection (h), "faculty practice plan" means a domestic nonprofit public benefit corporation as defined in subdivision (f)(4)(B)(ii). (4) As used in this subsection (h), "primary practice site" includes any health care institution, including, but not limited to, a hospital, clinic, surgery center, or physicians' office, that the faculty practice plan or its affiliated college or university owned, leased, or operated within two (2) years before the termination or conclusion of the employment relationship between the physician and the faculty practice plan and at which the employed physician practiced medicine within such period of two (2) years. (5) This subsection (h) shall not apply: (A) To any physician employee of a faculty practice plan who practices in the specialties of ophthalmology, pathology, anesthesiology and/or emergency medicine; or (B) With respect to any physician employee of a faculty practice plan who practices as a primary care physician or in the specialties of obstetrics or general pediatrics in a health resources shortage area as determined in the health access plan most recently published by the department of health. (6) The requirements of this subsection (h) shall not be construed to preclude the enforceability of any restrictive covenant or prohibition exceeding the requirements or conditions of this subsection (h) that is reasonable and not inimical to the public interest under the common law principles governing restrictive covenants.
(1) The general assembly finds that there are special facts above and beyond ordinary competition that would give an unfair advantage to a physician when competing with the physician's former employer, if the former employer is a faculty practice plan. The existence of such special facts warrants protection of the faculty practice plan through restrictive covenants and prohibitions against an employed physician's right to practice medicine upon the termination or conclusion of the employment relationship. The general assembly further finds that the faculty practice plan's right to be free of unfair competition from a former employed physician outweighs any financial hardship to the former employed physician resulting from the operation of any such restrictive covenants or prohibition. The general assembly further finds that restrictive covenants and prohibitions against an employed physician's right to practice medicine upon the termination or conclusion of the employment relationship with a faculty practice plan are reasonable and not inimical to the public interest, subject to the temporal and geographic limitations set forth in subdivision (h)(2).
(2) A faculty practice plan may impose restrictions or prohibitions upon an employed physician's right to practice medicine upon the termination or conclusion of the employment relationship provided that: (A) The maximum area of the restrictions or prohibitions is the greater of: (i) The county in which the primary practice site is located; or (ii) A ten (10) mile radius from the primary practice site; and (B) The maximum duration of the restrictions or prohibitions is two (2) years.
(A) The maximum area of the restrictions or prohibitions is the greater of: (i) The county in which the primary practice site is located; or (ii) A ten (10) mile radius from the primary practice site; and
(i) The county in which the primary practice site is located; or
(ii) A ten (10) mile radius from the primary practice site; and
(B) The maximum duration of the restrictions or prohibitions is two (2) years.
(3) As used in this subsection (h), "faculty practice plan" means a domestic nonprofit public benefit corporation as defined in subdivision (f)(4)(B)(ii).
(4) As used in this subsection (h), "primary practice site" includes any health care institution, including, but not limited to, a hospital, clinic, surgery center, or physicians' office, that the faculty practice plan or its affiliated college or university owned, leased, or operated within two (2) years before the termination or conclusion of the employment relationship between the physician and the faculty practice plan and at which the employed physician practiced medicine within such period of two (2) years.
(5) This subsection (h) shall not apply: (A) To any physician employee of a faculty practice plan who practices in the specialties of ophthalmology, pathology, anesthesiology and/or emergency medicine; or (B) With respect to any physician employee of a faculty practice plan who practices as a primary care physician or in the specialties of obstetrics or general pediatrics in a health resources shortage area as determined in the health access plan most recently published by the department of health.
(A) To any physician employee of a faculty practice plan who practices in the specialties of ophthalmology, pathology, anesthesiology and/or emergency medicine; or
(B) With respect to any physician employee of a faculty practice plan who practices as a primary care physician or in the specialties of obstetrics or general pediatrics in a health resources shortage area as determined in the health access plan most recently published by the department of health.
(6) The requirements of this subsection (h) shall not be construed to preclude the enforceability of any restrictive covenant or prohibition exceeding the requirements or conditions of this subsection (h) that is reasonable and not inimical to the public interest under the common law principles governing restrictive covenants.
(i) Notwithstanding the restrictions contained in this section, a nursing home or affiliate of a nursing home may employ a physician pursuant to § 68-11-205 .
(j) (1) Nothing in this section shall be construed to prohibit a charitable clinic from employing or contracting with a physician; provided, that the contractual relationship between the physician and the charitable clinic is evidenced by a written contract, job description, or documentation, containing language that does not restrict the physician from exercising independent professional medical judgment in diagnosing and treating patients. (2) For the purposes of this subsection (j), the term "charitable clinic" means an entity that meets the following standards: (A) Has received a determination of exemption from the internal revenue service under 26 U.S.C. § 501(c)(3) or is a distinct part of an entity that has received such a determination of exemption; (B) Has clinical facilities located in this state; (C) Has a primary mission to provide health care or dental care services to low-income, uninsured, or underserved individuals; (D) Provides one (1) or more of the following services for free or at a discounted rate: (i) Medical care; (ii) Dental care; (iii) Mental health care; or (iv) Prescription medications; (E) Utilizes volunteer healthcare professionals and nonclinical volunteers; and (F) Is not required to be licensed under § 68-11-202(a)(1) . (3) For the purposes of this section, the term "employing" shall not allow the employing of those physicians exempted in subdivision (e)(3).
(1) Nothing in this section shall be construed to prohibit a charitable clinic from employing or contracting with a physician; provided, that the contractual relationship between the physician and the charitable clinic is evidenced by a written contract, job description, or documentation, containing language that does not restrict the physician from exercising independent professional medical judgment in diagnosing and treating patients.
(2) For the purposes of this subsection (j), the term "charitable clinic" means an entity that meets the following standards: (A) Has received a determination of exemption from the internal revenue service under 26 U.S.C. § 501(c)(3) or is a distinct part of an entity that has received such a determination of exemption; (B) Has clinical facilities located in this state; (C) Has a primary mission to provide health care or dental care services to low-income, uninsured, or underserved individuals; (D) Provides one (1) or more of the following services for free or at a discounted rate: (i) Medical care; (ii) Dental care; (iii) Mental health care; or (iv) Prescription medications; (E) Utilizes volunteer healthcare professionals and nonclinical volunteers; and (F) Is not required to be licensed under § 68-11-202(a)(1) .
(A) Has received a determination of exemption from the internal revenue service under 26 U.S.C. § 501(c)(3) or is a distinct part of an entity that has received such a determination of exemption;
(B) Has clinical facilities located in this state;
(C) Has a primary mission to provide health care or dental care services to low-income, uninsured, or underserved individuals;
(D) Provides one (1) or more of the following services for free or at a discounted rate: (i) Medical care; (ii) Dental care; (iii) Mental health care; or (iv) Prescription medications;
(i) Medical care;
(ii) Dental care;
(iii) Mental health care; or
(iv) Prescription medications;
(E) Utilizes volunteer healthcare professionals and nonclinical volunteers; and
(F) Is not required to be licensed under § 68-11-202(a)(1) .
(3) For the purposes of this section, the term "employing" shall not allow the employing of those physicians exempted in subdivision (e)(3).
(k) This section does not prohibit a licensed nonresidential office-based opiate treatment facility, as defined in § 33-2-402 , from employing or contracting with a physician if the facility has a physician in the ownership structure of its controlling business entity and the employment relationship between the physician to be employed or contracted with and the nonresidential office-based opiate treatment facility is evidenced by a written contract or employment agreement containing language that does not restrict the physician from exercising independent professional medical judgment in diagnosing and treating patients.
(l) (1) This section does not prohibit a hospital or an affiliated entity from employing an emergency physician to treat patients at a satellite emergency department, or a physician to treat patients at a primary care clinic or urgent care clinic, which are located in this state and owned or controlled by the hospital or affiliated entity, if: (A) The hospital: (i) Is located in a neighboring state in a county contiguous to this state; (ii) Is licensed by the appropriate healthcare facility licensing authority in that state; and (iii) Holds a valid certificate of need for a satellite emergency department in this state; (B) The satellite emergency department, primary care clinic, or urgent care clinic is located: (i) In a county that: (a) Borders the neighboring state and contiguous county in which the hospital is located; (b) Is designated as an economically distressed or at-risk county by the department of economic and community development, as updated annually; (c) Has a population of less than twenty-seven thousand (27,000), according to the 2020 federal census or a subsequent federal census; and (d) Had a hospital in the county close within eight (8) years before the date healthcare services are initiated at the satellite emergency department, primary care clinic, or urgent care clinic; and (ii) Less than twenty (20) miles from a hospital designated as a Level I, II, or III trauma center in the neighboring state, but more than fifty (50) miles from a hospital designated as a Level I, II, or III trauma center in this state; (C) The physician is: (i) Licensed to practice medicine in this state; and (ii) Employed at the hospital in the neighboring state; and (D) The employment relationship with the physician is evidenced by a written contract, job description, or other documentation containing language that does not restrict the physician from exercising independent medical judgment in diagnosing and treating patients. (2) A hospital or affiliated entity that employs a physician pursuant to subdivision ( l )(1) is not deemed to be engaged in the practice of medicine. (3) As used in this subsection ( l ), "affiliated entity" means an entity that is directly or indirectly controlled by, or is under common control with, the hospital.
(1) This section does not prohibit a hospital or an affiliated entity from employing an emergency physician to treat patients at a satellite emergency department, or a physician to treat patients at a primary care clinic or urgent care clinic, which are located in this state and owned or controlled by the hospital or affiliated entity, if: (A) The hospital: (i) Is located in a neighboring state in a county contiguous to this state; (ii) Is licensed by the appropriate healthcare facility licensing authority in that state; and (iii) Holds a valid certificate of need for a satellite emergency department in this state; (B) The satellite emergency department, primary care clinic, or urgent care clinic is located: (i) In a county that: (a) Borders the neighboring state and contiguous county in which the hospital is located; (b) Is designated as an economically distressed or at-risk county by the department of economic and community development, as updated annually; (c) Has a population of less than twenty-seven thousand (27,000), according to the 2020 federal census or a subsequent federal census; and (d) Had a hospital in the county close within eight (8) years before the date healthcare services are initiated at the satellite emergency department, primary care clinic, or urgent care clinic; and (ii) Less than twenty (20) miles from a hospital designated as a Level I, II, or III trauma center in the neighboring state, but more than fifty (50) miles from a hospital designated as a Level I, II, or III trauma center in this state; (C) The physician is: (i) Licensed to practice medicine in this state; and (ii) Employed at the hospital in the neighboring state; and (D) The employment relationship with the physician is evidenced by a written contract, job description, or other documentation containing language that does not restrict the physician from exercising independent medical judgment in diagnosing and treating patients.
(A) The hospital: (i) Is located in a neighboring state in a county contiguous to this state; (ii) Is licensed by the appropriate healthcare facility licensing authority in that state; and (iii) Holds a valid certificate of need for a satellite emergency department in this state;
(i) Is located in a neighboring state in a county contiguous to this state;
(ii) Is licensed by the appropriate healthcare facility licensing authority in that state; and
(iii) Holds a valid certificate of need for a satellite emergency department in this state;
(B) The satellite emergency department, primary care clinic, or urgent care clinic is located: (i) In a county that: (a) Borders the neighboring state and contiguous county in which the hospital is located; (b) Is designated as an economically distressed or at-risk county by the department of economic and community development, as updated annually; (c) Has a population of less than twenty-seven thousand (27,000), according to the 2020 federal census or a subsequent federal census; and (d) Had a hospital in the county close within eight (8) years before the date healthcare services are initiated at the satellite emergency department, primary care clinic, or urgent care clinic; and (ii) Less than twenty (20) miles from a hospital designated as a Level I, II, or III trauma center in the neighboring state, but more than fifty (50) miles from a hospital designated as a Level I, II, or III trauma center in this state;
(i) In a county that: (a) Borders the neighboring state and contiguous county in which the hospital is located; (b) Is designated as an economically distressed or at-risk county by the department of economic and community development, as updated annually; (c) Has a population of less than twenty-seven thousand (27,000), according to the 2020 federal census or a subsequent federal census; and (d) Had a hospital in the county close within eight (8) years before the date healthcare services are initiated at the satellite emergency department, primary care clinic, or urgent care clinic; and
(a) Borders the neighboring state and contiguous county in which the hospital is located;
(b) Is designated as an economically distressed or at-risk county by the department of economic and community development, as updated annually;
(c) Has a population of less than twenty-seven thousand (27,000), according to the 2020 federal census or a subsequent federal census; and
(d) Had a hospital in the county close within eight (8) years before the date healthcare services are initiated at the satellite emergency department, primary care clinic, or urgent care clinic; and
(ii) Less than twenty (20) miles from a hospital designated as a Level I, II, or III trauma center in the neighboring state, but more than fifty (50) miles from a hospital designated as a Level I, II, or III trauma center in this state;
(C) The physician is: (i) Licensed to practice medicine in this state; and (ii) Employed at the hospital in the neighboring state; and
(i) Licensed to practice medicine in this state; and
(ii) Employed at the hospital in the neighboring state; and
(D) The employment relationship with the physician is evidenced by a written contract, job description, or other documentation containing language that does not restrict the physician from exercising independent medical judgment in diagnosing and treating patients.
(2) A hospital or affiliated entity that employs a physician pursuant to subdivision ( l )(1) is not deemed to be engaged in the practice of medicine.
(3) As used in this subsection ( l ), "affiliated entity" means an entity that is directly or indirectly controlled by, or is under common control with, the hospital.
(m) Except as provided in § 63-1-109 , as used in this section, "practice of medicine": (1) Includes attaching any of the following words or abbreviations to a name, either alone or in connection with other words or abbreviations indicating or inducing others to believe that the person is engaged in the practice of medicine or osteopathic medicine, including: (A) "Doctor of medicine"; (B) "M.D."; (C) "Doctor of osteopathy"; (D) "D.O."; (E) "Physician"; (F) "Osteopath" or "osteopathy"; (G) "Osteopathic medical physician"; (H) "Surgeon"; (I) "Physician and surgeon"; (J) "Anesthesiologist" or "anesthesiology"; (K) "Cardiologist" or "cardiology"; (L) "Dermatologist" or "dermatology"; (M) "Endocrinologist" or "endocrinology"; (N) "Gastroenterologist" or "gastroenterology"; (O) "Gynecologist" or "gynecology"; (P) "Hematologist" or "hematology"; (Q) "Internist"; (R) "Laryngologist" or "laryngology"; (S) "Nephrologist" or "nephrology"; (T) "Neurologist" or "neurology"; (U) "Obstetrician"; (V) "Oncologist" or "oncology"; (W) "Ophthalmologist" or "ophthalmology"; (X) "Orthopedic surgeon"; (Y) "Orthopedist"; (Z) "Otologist"; (AA) "Otolaryngologist"; (BB) "Otorhinolaryngologist"; (CC) "Pathologist" or "pathology"; (DD) "Pediatrician"; (EE) "Plastic surgeon" or "plastic surgery"; (FF) "Primary care physician"; (GG) "Proctologist" or "proctology"; (HH) "Psychiatrist"; (II) "Pulmonologist" or "pulmonology"; (JJ) "Radiologist" or "radiology"; (KK) "Rheumatologist" or "rheumatology"; (LL) "Rhinologist" or "rhinology"; (MM) "Urologist" or "urology"; (NN) "Medical doctor"; (OO) "Family practice physician"; (PP) "Emergency physician" or "emergency medicine physician"; (QQ) "Osteopathic surgeon"; or (RR) "Allergy" or "allergist"; (2) Does not prohibit a practitioner from using the practitioner's name, title, or profession that is allowed under the practitioner's practice act or another state law; and (3) Does not apply to an optometrist licensed in this state who is performing lawful services according to the definition of "practice of optometry as a profession," as defined in § 63-8-102 , and the rules adopted by the board of optometry pursuant to that section.
(1) Includes attaching any of the following words or abbreviations to a name, either alone or in connection with other words or abbreviations indicating or inducing others to believe that the person is engaged in the practice of medicine or osteopathic medicine, including: (A) "Doctor of medicine"; (B) "M.D."; (C) "Doctor of osteopathy"; (D) "D.O."; (E) "Physician"; (F) "Osteopath" or "osteopathy"; (G) "Osteopathic medical physician"; (H) "Surgeon"; (I) "Physician and surgeon"; (J) "Anesthesiologist" or "anesthesiology"; (K) "Cardiologist" or "cardiology"; (L) "Dermatologist" or "dermatology"; (M) "Endocrinologist" or "endocrinology"; (N) "Gastroenterologist" or "gastroenterology"; (O) "Gynecologist" or "gynecology"; (P) "Hematologist" or "hematology"; (Q) "Internist"; (R) "Laryngologist" or "laryngology"; (S) "Nephrologist" or "nephrology"; (T) "Neurologist" or "neurology"; (U) "Obstetrician"; (V) "Oncologist" or "oncology"; (W) "Ophthalmologist" or "ophthalmology"; (X) "Orthopedic surgeon"; (Y) "Orthopedist"; (Z) "Otologist"; (AA) "Otolaryngologist"; (BB) "Otorhinolaryngologist"; (CC) "Pathologist" or "pathology"; (DD) "Pediatrician"; (EE) "Plastic surgeon" or "plastic surgery"; (FF) "Primary care physician"; (GG) "Proctologist" or "proctology"; (HH) "Psychiatrist"; (II) "Pulmonologist" or "pulmonology"; (JJ) "Radiologist" or "radiology"; (KK) "Rheumatologist" or "rheumatology"; (LL) "Rhinologist" or "rhinology"; (MM) "Urologist" or "urology"; (NN) "Medical doctor"; (OO) "Family practice physician"; (PP) "Emergency physician" or "emergency medicine physician"; (QQ) "Osteopathic surgeon"; or (RR) "Allergy" or "allergist";
(A) "Doctor of medicine";
(B) "M.D.";
(C) "Doctor of osteopathy";
(D) "D.O.";
(E) "Physician";
(F) "Osteopath" or "osteopathy";
(G) "Osteopathic medical physician";
(H) "Surgeon";
(I) "Physician and surgeon";
(J) "Anesthesiologist" or "anesthesiology";
(K) "Cardiologist" or "cardiology";
(L) "Dermatologist" or "dermatology";
(M) "Endocrinologist" or "endocrinology";
(N) "Gastroenterologist" or "gastroenterology";
(O) "Gynecologist" or "gynecology";
(P) "Hematologist" or "hematology";
(Q) "Internist";
(R) "Laryngologist" or "laryngology";
(S) "Nephrologist" or "nephrology";
(T) "Neurologist" or "neurology";
(U) "Obstetrician";
(V) "Oncologist" or "oncology";
(W) "Ophthalmologist" or "ophthalmology";
(X) "Orthopedic surgeon";
(Y) "Orthopedist";
(Z) "Otologist";
(AA) "Otolaryngologist";
(BB) "Otorhinolaryngologist";
(CC) "Pathologist" or "pathology";
(DD) "Pediatrician";
(EE) "Plastic surgeon" or "plastic surgery";
(FF) "Primary care physician";
(GG) "Proctologist" or "proctology";
(HH) "Psychiatrist";
(II) "Pulmonologist" or "pulmonology";
(JJ) "Radiologist" or "radiology";
(KK) "Rheumatologist" or "rheumatology";
(LL) "Rhinologist" or "rhinology";
(MM) "Urologist" or "urology";
(NN) "Medical doctor";
(OO) "Family practice physician";
(PP) "Emergency physician" or "emergency medicine physician";
(QQ) "Osteopathic surgeon"; or
(RR) "Allergy" or "allergist";
(2) Does not prohibit a practitioner from using the practitioner's name, title, or profession that is allowed under the practitioner's practice act or another state law; and
(3) Does not apply to an optometrist licensed in this state who is performing lawful services according to the definition of "practice of optometry as a profession," as defined in § 63-8-102 , and the rules adopted by the board of optometry pursuant to that section.
Amended by 2024 Tenn. Acts, ch. 1042,s 13, eff. upon promulgation of rules governing the collaborative agreements of physician assistants with physicians; see T.C.A. § 63-19-106(h)(1).
Amended by 2024 Tenn. Acts, ch. 893,s 2, eff. 5/1/2024.
Amended by 2023 Tenn. Acts, ch. 196, s 1, eff. 7/1/2023.
Amended by 2020 Tenn. Acts, ch. 574, s 1, eff. 3/19/2020.
Amended by 2019 Tenn. Acts, ch. 259, s 1, eff. 4/30/2019.
Amended by 2017 Tenn. Acts, ch. 259, s 1, eff. 7/1/2017.
Amended by 2016 Tenn. Acts, ch. 766, s 2, eff. 4/19/2016.
Amended by 2014 Tenn. Acts, ch. 832, s 5, eff. 7/1/2014.
Amended by 2014 Tenn. Acts, ch. 695, Secs.s 1, s 2 eff. 4/15/2014.
Acts 1901, ch. 78, § 19; Shan., § 3609a33; mod. Code 1932, § 6937; Acts 1945, ch. 181, § 10; impl. am. Acts 1947, ch. 2, §§ 1, 2; C. Supp. 1950, § 6937; modified; Acts 1973, ch. 166, § 7; T.C.A. (orig. ed.), § 63-608; Acts 1983, ch. 168, § 1; 1994, ch. 901, § 3; 1995, ch. 200, § 1; 1995, ch. 466, § 1; 1996, ch. 986, §§ 2, 3; 1996, ch. 1043, § 2; 1997 , ch. 349, § 1; 1998, ch. 1081, § 1; 2002, ch. 801, §§ 1, 2; 2003 , ch. 115, §§ 1, 2; 2005, ch. 20, § 1; 2008 , ch. 891, § 2; 2009 , ch. 70, § 1; 2011 , ch. 271, §§ 1, 2; 2012 , ch. 649, § 2.
Tenn. Code Ann. § 63-1-301 — TN Code / Title 63 / Chapter 1 / Section 63-1-301
Part definitions
Status: in_force

For purposes of this part, unless the context requires otherwise: (1) "Advanced practice registered nurse" means any person licensed under chapter 7 of this title, who meets the requirements of § 63-7-126 ; (2) "Chronic nonmalignant pain treatment" means prescribing or dispensing opioids, benzodiazepines, barbiturates or carisoprodol for ninety (90) days or more in a twelve-month period for pain unrelated to cancer or palliative care; (3) "Department" means the department of health; (4) "Medical director" means an individual who: (A) Is licensed as a physician under chapter 6 or 9 of this title, and who practices in this state with an unrestricted, unencumbered license; (B) Provides oversight relative to the operations of a pain management clinic; and (C) Is a pain management specialist on or after July 1, 2016; (5) "Medical doctor" means any person licensed under chapter 6 of this title; (6) "Osteopathic physician" means any person licensed under chapter 9 of this title; (7) (A) "Pain management clinic" or "clinic" means a privately-owned clinic, facility or office in which any health care provider licensed under this title provides chronic nonmalignant pain treatment to a majority of its patients for ninety (90) days or more in a twelve-month period. For purposes of determining if a clinic, facility, or office qualifies as a pain management clinic under this subdivision (7)(A), the entire clinic, facility, or office caseload of patients who received medical care services from all medical doctors, osteopathic physicians, advanced practice registered nurses and physician assistants who serve in the clinic, facility or office shall be counted; (B) "Pain management clinic" also means a privately-owned clinic, facility or office which advertises in any medium for pain management services of any type. (C) A pain management clinic does not include any clinic, facility, or office which provides interventional pain management as defined in § 63-6-244 and whose clinic, facility or office does not provide chronic nonmalignant pain treatment to a majority of the patients of a clinic, facility or office for ninety (90) days or more in a twelve-month period; (D) "Pain management clinic" does not mean a clinic, facility, or office that is wholly owned and operated by a physician multispecialty practice in which one (1) or more board-eligible or board-certified medical specialists who have also completed fellowships in pain medicine or pain management approved by the Accreditation Council for Graduate Medical Education, or who are also board-certified in pain medicine or pain management by the American Board of Pain Medicine or a board approved by the American Board of Medical Specialties, the American Association of Physician Specialists, or the American Osteopathic Association to perform the pain management services for chronic pain patients; (8) "Pain management specialist" means a physician licensed under chapter 6 or 9 of this title who: (A) (i) Has a subspecialty certification in pain medicine or pain management as accredited by the Accreditation Council for Graduate Medical Education (ACGME) through either the American Board of Medical Specialties (ABMS) or the American Osteopathic Association (AOA), or is eligible to sit for the board examination offered by ABMS or AOA; (ii) Holds an unencumbered Tennessee license; and (iii) Maintains the minimum number of continuing medical education (CME) hours in pain medicine or pain management to satisfy retention of ABMS or AOA certification. Any exceptions to this requirement shall be approved by the respective regulatory board; (B) (i) Attains American Board of Pain Medicine (ABPM) diplomate status; (ii) Holds an unencumbered Tennessee license; and (iii) Maintains the minimum number of CME hours in pain management to satisfy retention of ABPM diplomate status. Any exceptions to this requirement shall be approved by the respective regulatory board; (C) Is board certified by the American Board of Interventional Pain Physicians (ABIPP) by passing exam 1 on or before June 30, 2016, and holds an unencumbered Tennessee license and maintains the minimum number of CME hours in pain management to satisfy retention of ABIPP diplomate status; provided, that on and after July 1, 2016, a new applicant shall only qualify as a pain management specialist under this subdivision (8)(C) if the applicant is board certified by ABIPP by passing parts 1 and 2 of its examination, and holds an unencumbered Tennessee license and maintains the minimum number of CME hours in pain management to satisfy retention of ABIPP diplomate status; or (D) Has an active pain management practice in a clinic accredited in outpatient interdisciplinary pain rehabilitation by the commission on accreditation of rehabilitation facilities or any successor organization and holds an unencumbered Tennessee license; and (9) "Physician assistant" means any person licensed under chapter 19 of this title. Amended by 2017 Tenn. Acts, ch. 210, s 2, s 3 eff. 7/1/2017. Amended by 2017 Tenn. Acts, ch. 210, s 1, eff. 7/1/2017. Amended by 2016 Tenn. Acts, ch. 1033, s 7, eff. 7/1/2017. Amended by 2016 Tenn. Acts, ch. 1033, s 6, eff. 7/1/2017. Amended by 2016 Tenn. Acts, ch. 980, s 6, s 7 eff. 7/1/2016. Amended by 2016 Tenn. Acts, ch. 980, s 5, eff. 7/1/2016. Amended by 2016 Tenn. Acts, ch. 829, s 1, eff. 4/21/2016. Amended by 2015 Tenn. Acts, ch. 475, s 2, s 3 eff. 7/1/2015. Amended by 2015 Tenn. Acts, ch. 475, s 1, eff. 7/1/2015. Amended by 2014 Tenn. Acts, ch. 700, s 1, eff. 7/1/2014. Amended by 2013 Tenn. Acts, ch. 336, s 2, eff. 7/1/2013. Acts 2011 , ch. 340, § 1; 2012 , ch. 869, § 1.
For purposes of this part, unless the context requires otherwise:
(1) "Advanced practice registered nurse" means any person licensed under chapter 7 of this title, who meets the requirements of § 63-7-126 ;
(2) "Chronic nonmalignant pain treatment" means prescribing or dispensing opioids, benzodiazepines, barbiturates or carisoprodol for ninety (90) days or more in a twelve-month period for pain unrelated to cancer or palliative care;
(3) "Department" means the department of health;
(4) "Medical director" means an individual who: (A) Is licensed as a physician under chapter 6 or 9 of this title, and who practices in this state with an unrestricted, unencumbered license; (B) Provides oversight relative to the operations of a pain management clinic; and (C) Is a pain management specialist on or after July 1, 2016;
(A) Is licensed as a physician under chapter 6 or 9 of this title, and who practices in this state with an unrestricted, unencumbered license;
(B) Provides oversight relative to the operations of a pain management clinic; and
(C) Is a pain management specialist on or after July 1, 2016;
(5) "Medical doctor" means any person licensed under chapter 6 of this title;
(6) "Osteopathic physician" means any person licensed under chapter 9 of this title;
(7) (A) "Pain management clinic" or "clinic" means a privately-owned clinic, facility or office in which any health care provider licensed under this title provides chronic nonmalignant pain treatment to a majority of its patients for ninety (90) days or more in a twelve-month period. For purposes of determining if a clinic, facility, or office qualifies as a pain management clinic under this subdivision (7)(A), the entire clinic, facility, or office caseload of patients who received medical care services from all medical doctors, osteopathic physicians, advanced practice registered nurses and physician assistants who serve in the clinic, facility or office shall be counted; (B) "Pain management clinic" also means a privately-owned clinic, facility or office which advertises in any medium for pain management services of any type. (C) A pain management clinic does not include any clinic, facility, or office which provides interventional pain management as defined in § 63-6-244 and whose clinic, facility or office does not provide chronic nonmalignant pain treatment to a majority of the patients of a clinic, facility or office for ninety (90) days or more in a twelve-month period; (D) "Pain management clinic" does not mean a clinic, facility, or office that is wholly owned and operated by a physician multispecialty practice in which one (1) or more board-eligible or board-certified medical specialists who have also completed fellowships in pain medicine or pain management approved by the Accreditation Council for Graduate Medical Education, or who are also board-certified in pain medicine or pain management by the American Board of Pain Medicine or a board approved by the American Board of Medical Specialties, the American Association of Physician Specialists, or the American Osteopathic Association to perform the pain management services for chronic pain patients;
(A) "Pain management clinic" or "clinic" means a privately-owned clinic, facility or office in which any health care provider licensed under this title provides chronic nonmalignant pain treatment to a majority of its patients for ninety (90) days or more in a twelve-month period. For purposes of determining if a clinic, facility, or office qualifies as a pain management clinic under this subdivision (7)(A), the entire clinic, facility, or office caseload of patients who received medical care services from all medical doctors, osteopathic physicians, advanced practice registered nurses and physician assistants who serve in the clinic, facility or office shall be counted;
(B) "Pain management clinic" also means a privately-owned clinic, facility or office which advertises in any medium for pain management services of any type.
(C) A pain management clinic does not include any clinic, facility, or office which provides interventional pain management as defined in § 63-6-244 and whose clinic, facility or office does not provide chronic nonmalignant pain treatment to a majority of the patients of a clinic, facility or office for ninety (90) days or more in a twelve-month period;
(D) "Pain management clinic" does not mean a clinic, facility, or office that is wholly owned and operated by a physician multispecialty practice in which one (1) or more board-eligible or board-certified medical specialists who have also completed fellowships in pain medicine or pain management approved by the Accreditation Council for Graduate Medical Education, or who are also board-certified in pain medicine or pain management by the American Board of Pain Medicine or a board approved by the American Board of Medical Specialties, the American Association of Physician Specialists, or the American Osteopathic Association to perform the pain management services for chronic pain patients;
(8) "Pain management specialist" means a physician licensed under chapter 6 or 9 of this title who: (A) (i) Has a subspecialty certification in pain medicine or pain management as accredited by the Accreditation Council for Graduate Medical Education (ACGME) through either the American Board of Medical Specialties (ABMS) or the American Osteopathic Association (AOA), or is eligible to sit for the board examination offered by ABMS or AOA; (ii) Holds an unencumbered Tennessee license; and (iii) Maintains the minimum number of continuing medical education (CME) hours in pain medicine or pain management to satisfy retention of ABMS or AOA certification. Any exceptions to this requirement shall be approved by the respective regulatory board; (B) (i) Attains American Board of Pain Medicine (ABPM) diplomate status; (ii) Holds an unencumbered Tennessee license; and (iii) Maintains the minimum number of CME hours in pain management to satisfy retention of ABPM diplomate status. Any exceptions to this requirement shall be approved by the respective regulatory board; (C) Is board certified by the American Board of Interventional Pain Physicians (ABIPP) by passing exam 1 on or before June 30, 2016, and holds an unencumbered Tennessee license and maintains the minimum number of CME hours in pain management to satisfy retention of ABIPP diplomate status; provided, that on and after July 1, 2016, a new applicant shall only qualify as a pain management specialist under this subdivision (8)(C) if the applicant is board certified by ABIPP by passing parts 1 and 2 of its examination, and holds an unencumbered Tennessee license and maintains the minimum number of CME hours in pain management to satisfy retention of ABIPP diplomate status; or (D) Has an active pain management practice in a clinic accredited in outpatient interdisciplinary pain rehabilitation by the commission on accreditation of rehabilitation facilities or any successor organization and holds an unencumbered Tennessee license; and
(A) (i) Has a subspecialty certification in pain medicine or pain management as accredited by the Accreditation Council for Graduate Medical Education (ACGME) through either the American Board of Medical Specialties (ABMS) or the American Osteopathic Association (AOA), or is eligible to sit for the board examination offered by ABMS or AOA; (ii) Holds an unencumbered Tennessee license; and (iii) Maintains the minimum number of continuing medical education (CME) hours in pain medicine or pain management to satisfy retention of ABMS or AOA certification. Any exceptions to this requirement shall be approved by the respective regulatory board;
(i) Has a subspecialty certification in pain medicine or pain management as accredited by the Accreditation Council for Graduate Medical Education (ACGME) through either the American Board of Medical Specialties (ABMS) or the American Osteopathic Association (AOA), or is eligible to sit for the board examination offered by ABMS or AOA;
(ii) Holds an unencumbered Tennessee license; and
(iii) Maintains the minimum number of continuing medical education (CME) hours in pain medicine or pain management to satisfy retention of ABMS or AOA certification. Any exceptions to this requirement shall be approved by the respective regulatory board;
(B) (i) Attains American Board of Pain Medicine (ABPM) diplomate status; (ii) Holds an unencumbered Tennessee license; and (iii) Maintains the minimum number of CME hours in pain management to satisfy retention of ABPM diplomate status. Any exceptions to this requirement shall be approved by the respective regulatory board;
(i) Attains American Board of Pain Medicine (ABPM) diplomate status;
(ii) Holds an unencumbered Tennessee license; and
(iii) Maintains the minimum number of CME hours in pain management to satisfy retention of ABPM diplomate status. Any exceptions to this requirement shall be approved by the respective regulatory board;
(C) Is board certified by the American Board of Interventional Pain Physicians (ABIPP) by passing exam 1 on or before June 30, 2016, and holds an unencumbered Tennessee license and maintains the minimum number of CME hours in pain management to satisfy retention of ABIPP diplomate status; provided, that on and after July 1, 2016, a new applicant shall only qualify as a pain management specialist under this subdivision (8)(C) if the applicant is board certified by ABIPP by passing parts 1 and 2 of its examination, and holds an unencumbered Tennessee license and maintains the minimum number of CME hours in pain management to satisfy retention of ABIPP diplomate status; or
(D) Has an active pain management practice in a clinic accredited in outpatient interdisciplinary pain rehabilitation by the commission on accreditation of rehabilitation facilities or any successor organization and holds an unencumbered Tennessee license; and
(9) "Physician assistant" means any person licensed under chapter 19 of this title.
Amended by 2017 Tenn. Acts, ch. 210, s 2, s 3 eff. 7/1/2017.
Amended by 2017 Tenn. Acts, ch. 210, s 1, eff. 7/1/2017.
Amended by 2016 Tenn. Acts, ch. 1033, s 7, eff. 7/1/2017.
Amended by 2016 Tenn. Acts, ch. 1033, s 6, eff. 7/1/2017.
Amended by 2016 Tenn. Acts, ch. 980, s 6, s 7 eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 980, s 5, eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 829, s 1, eff. 4/21/2016.
Amended by 2015 Tenn. Acts, ch. 475, s 2, s 3 eff. 7/1/2015.
Amended by 2015 Tenn. Acts, ch. 475, s 1, eff. 7/1/2015.
Amended by 2014 Tenn. Acts, ch. 700, s 1, eff. 7/1/2014.
Amended by 2013 Tenn. Acts, ch. 336, s 2, eff. 7/1/2013.
Acts 2011 , ch. 340, § 1; 2012 , ch. 869, § 1.