Tenn. Code Ann. § 63-1-150 — TN Code / Title 63 / Chapter 1 / Section 63-1-150
Patient safety and quality improvement
Status: in_force

(a) This section shall not apply to §§ 63-4-118 , 63-5-131 , 63-10-402 - 63-10-405, 63-11-220, 63-12-138 and 68-11-272. (b) It is the policy of this state to encourage the improvement of patient safety and quality and the evaluation of the quality, safety, cost, processes and necessity of healthcare services by healthcare providers and by other entities. This state further recognizes that certain protections must be available to these providers and entities to ensure that they are able to effectively pursue these measures. (c) As used in this section: (1) "Healthcare organization" means any: (A) State or local health professional association or society; (B) Professional assistance program providing, or attempting to provide, intervention, counseling, referral or other assistance to any healthcare provider or family of a healthcare provider directly related to and including the alcohol or drug impairment of a healthcare provider; (C) Healthcare provider malpractice support group; (D) Group practice that is engaged in the provision of healthcare services; (E) Entity engaged in the provision of healthcare provider services or healthcare provider staffing to licensed healthcare entities, including hospitals; (F) Professional healthcare foundation; (G) Individual practice association made up of practices the members of which are engaged in the provision of health care; (H) Health maintenance organization, preferred provider organization, hospital and medical service corporation, or accountable care organization as defined by § 3022 of the federal Patient Protection and Affordable Care Act, P.L. 111-148, as amended; (I) Entity that contracts with a healthcare organization to perform any of the functions of a quality improvement committee; (J) Any patient safety organization listed as such by the federal secretary of health and human services pursuant to § 924 of the Patient Safety and Quality Improvement Act of 2005, P.L. 109-41, as amended; (K) University medical school or health science center; (L) Community mental health center as defined in § 33-1-101 ; or (M) Federally qualified health center as defined in 42 U.S.C. § 1396d(l)(2)(B) ; (2) "Healthcare provider" means any healthcare professional licensed, authorized, certified or regulated under this title, including, but not limited to, medical resident physicians, interns, and fellows participating in a training program of one (1) of the accredited medical schools or of one (1) of such medical school's affiliated teaching hospitals in this state, or any other clinical staff of a healthcare organization; (3) "Quality improvement committee" or "QIC" means a committee formed or retained by a healthcare organization, an activity of a healthcare organization, or one (1) or more individuals employed by a healthcare organization performing the types of functions listed in subdivisions (c)(3)(A)-(P), the purpose of which, or one (1) of the purposes of which is to evaluate the safety, quality, processes, costs, appropriateness, or necessity of healthcare services by performing functions, including, but not limited to: (A) Evaluation and improvement of the quality of healthcare services rendered; (B) Determination that health services rendered were professionally indicated or were performed in compliance with applicable standards of care; (C) Determination that the cost of health care rendered was considered reasonable; (D) Evaluation of the qualifications, credentials, competence and performance of healthcare providers or action upon matters relating to the discipline of any individual healthcare provider; (E) Reduction of morbidity or mortality; (F) Establishment and enforcement of guidelines designed to keep the cost of health care within reasonable bounds; (G) Research; (H) Evaluation of whether facilities are being properly utilized; (I) Supervision, education, discipline, admission, and the determination of privileges of healthcare providers; (J) Review of professional qualifications or activities of healthcare providers; (K) Evaluation of the quantity, quality and timeliness of healthcare services rendered to patients; (L) Evaluation, review or improvement of methods, procedures or treatments being utilized; (M) Intervention, support or rehabilitative referrals or services to healthcare providers; (N) Evaluation as to whether to report an unusual incident pursuant to § 63-6-221 or § 63-9-117 or to evaluate and improve the quality of health care rendered by healthcare providers related to the submission of an unusual incident report; (O) Activities to determine the healthcare organization's compliance with state or federal regulations; or (P) Participation in utilization review activities, including participation in review activities within the healthcare organization and activities in conjunction with an insurer or utilization review agent under title 56, chapter 6, part 7; and (4) "Records" means records of interviews and all reports, incident reports, statements, minutes, memoranda, charts, statistics, evaluations, critiques, test results, corrective actions, disciplinary actions and any and all other documentation generated in connection with the activities of a QIC. (d) (1) Records of a QIC and testimony or statements by a healthcare organization's officers or directors, trustees, healthcare providers, administrative staff, employees or other committee members or attendees relating to activities of the QIC shall be confidential and privileged and shall be protected from direct or indirect means of discovery, subpoena or admission into evidence in any judicial or administrative proceeding. Any person who supplies information, testifies or makes statements as part of a QIC may not be required to provide information as to the information, testimony or statements provided to or made before such a committee or opinions formed by such person as a result of committee participation. (2) Any information, documents or records, which are not produced for use by a QIC or which are not produced by persons acting on behalf of a QIC, and are otherwise available from original sources, shall not be construed as immune from discovery or use in any judicial or administrative proceedings merely because such information, documents or records were presented during proceedings of such committee. (3) A QIC may share information and documents, including complaints, incident reports, and testimony and statements by any person to the QIC, with one (1) or more other QICs as defined under this section or under § 68-11-272 . Information and documents disclosed by one (1) QIC to another QIC, and any information and documents created or maintained as a result of the sharing of such information and documents, shall be confidential, privileged and protected from direct or indirect means of discovery, subpoena or admission into evidence, to the same extent as provided in subdivision (d)(1). The QIC sharing such information with another QIC shall determine the manner and process by which it will share such information and documents, which process may include requiring a written agreement between QICs regarding the sharing of practitioner information. The QIC and its sponsoring healthcare organization shall not be held liable and are immune from suit for any disclosure or sharing of information in compliance with this section. (e) No healthcare organization or its officers, trustees, directors, healthcare providers, administrative staff, employees, other committee members or attendees, or any person providing information to a QIC shall be held liable: (1) In any action for damages or other relief and is immune from liability arising from the provision of information to a QIC or in any judicial or administrative proceeding if the information is provided to the QIC in good faith and without malice and on the basis of facts reasonably known or reasonably believed to exist; or (2) In any action for damages or other relief and is immune from liability resulting from any decisions, opinions, actions, and proceedings rendered, entered or acted upon by a QIC undertaken or performed within the scope or function of the duties of such committees or in any judicial or administrative proceeding, if made or taken in good faith and without malice and on the basis of facts reasonably known or reasonably believed to exist. (f) A professional assistance program also advocates for healthcare professionals before other QICs, healthcare entities, private and governmental insurance carriers, national or local certification and accreditation bodies, and the state health-related boards of this or any other state. The disclosure of confidential, privileged QIC information to such entities during advocacy or as a report to the health-related boards, or to the affected healthcare provider under review, does not constitute either a waiver of confidentiality or privilege. (g) Any person providing information to a QIC is presumed to have acted in good faith and without malice. Any person alleging lack of good faith has the burden of proving bad faith and malice. (h) All decisions, opinions, actions and proceedings rendered, entered or acted upon by a QIC are presumed to have been completed in good faith and without malice. Any person alleging lack of good faith has the burden of proving bad faith and malice. Amended by 2021 Tenn. Acts, ch. 150, s 1, eff. 7/1/2021. Amended by 2018 Tenn. Acts, ch. 593, s 1, eff. 3/22/2018. Amended by 2017 Tenn. Acts, ch. 4, s 1, eff. 3/15/2017. Amended by 2014 Tenn. Acts, ch. 651, Secs.s 1, s 2, s 3 eff. 4/8/2014. Acts 2011 , ch. 67, § 4.
(a) This section shall not apply to §§ 63-4-118 , 63-5-131 , 63-10-402 - 63-10-405, 63-11-220, 63-12-138 and 68-11-272.
(b) It is the policy of this state to encourage the improvement of patient safety and quality and the evaluation of the quality, safety, cost, processes and necessity of healthcare services by healthcare providers and by other entities. This state further recognizes that certain protections must be available to these providers and entities to ensure that they are able to effectively pursue these measures.
(c) As used in this section: (1) "Healthcare organization" means any: (A) State or local health professional association or society; (B) Professional assistance program providing, or attempting to provide, intervention, counseling, referral or other assistance to any healthcare provider or family of a healthcare provider directly related to and including the alcohol or drug impairment of a healthcare provider; (C) Healthcare provider malpractice support group; (D) Group practice that is engaged in the provision of healthcare services; (E) Entity engaged in the provision of healthcare provider services or healthcare provider staffing to licensed healthcare entities, including hospitals; (F) Professional healthcare foundation; (G) Individual practice association made up of practices the members of which are engaged in the provision of health care; (H) Health maintenance organization, preferred provider organization, hospital and medical service corporation, or accountable care organization as defined by § 3022 of the federal Patient Protection and Affordable Care Act, P.L. 111-148, as amended; (I) Entity that contracts with a healthcare organization to perform any of the functions of a quality improvement committee; (J) Any patient safety organization listed as such by the federal secretary of health and human services pursuant to § 924 of the Patient Safety and Quality Improvement Act of 2005, P.L. 109-41, as amended; (K) University medical school or health science center; (L) Community mental health center as defined in § 33-1-101 ; or (M) Federally qualified health center as defined in 42 U.S.C. § 1396d(l)(2)(B) ; (2) "Healthcare provider" means any healthcare professional licensed, authorized, certified or regulated under this title, including, but not limited to, medical resident physicians, interns, and fellows participating in a training program of one (1) of the accredited medical schools or of one (1) of such medical school's affiliated teaching hospitals in this state, or any other clinical staff of a healthcare organization; (3) "Quality improvement committee" or "QIC" means a committee formed or retained by a healthcare organization, an activity of a healthcare organization, or one (1) or more individuals employed by a healthcare organization performing the types of functions listed in subdivisions (c)(3)(A)-(P), the purpose of which, or one (1) of the purposes of which is to evaluate the safety, quality, processes, costs, appropriateness, or necessity of healthcare services by performing functions, including, but not limited to: (A) Evaluation and improvement of the quality of healthcare services rendered; (B) Determination that health services rendered were professionally indicated or were performed in compliance with applicable standards of care; (C) Determination that the cost of health care rendered was considered reasonable; (D) Evaluation of the qualifications, credentials, competence and performance of healthcare providers or action upon matters relating to the discipline of any individual healthcare provider; (E) Reduction of morbidity or mortality; (F) Establishment and enforcement of guidelines designed to keep the cost of health care within reasonable bounds; (G) Research; (H) Evaluation of whether facilities are being properly utilized; (I) Supervision, education, discipline, admission, and the determination of privileges of healthcare providers; (J) Review of professional qualifications or activities of healthcare providers; (K) Evaluation of the quantity, quality and timeliness of healthcare services rendered to patients; (L) Evaluation, review or improvement of methods, procedures or treatments being utilized; (M) Intervention, support or rehabilitative referrals or services to healthcare providers; (N) Evaluation as to whether to report an unusual incident pursuant to § 63-6-221 or § 63-9-117 or to evaluate and improve the quality of health care rendered by healthcare providers related to the submission of an unusual incident report; (O) Activities to determine the healthcare organization's compliance with state or federal regulations; or (P) Participation in utilization review activities, including participation in review activities within the healthcare organization and activities in conjunction with an insurer or utilization review agent under title 56, chapter 6, part 7; and (4) "Records" means records of interviews and all reports, incident reports, statements, minutes, memoranda, charts, statistics, evaluations, critiques, test results, corrective actions, disciplinary actions and any and all other documentation generated in connection with the activities of a QIC.
(1) "Healthcare organization" means any: (A) State or local health professional association or society; (B) Professional assistance program providing, or attempting to provide, intervention, counseling, referral or other assistance to any healthcare provider or family of a healthcare provider directly related to and including the alcohol or drug impairment of a healthcare provider; (C) Healthcare provider malpractice support group; (D) Group practice that is engaged in the provision of healthcare services; (E) Entity engaged in the provision of healthcare provider services or healthcare provider staffing to licensed healthcare entities, including hospitals; (F) Professional healthcare foundation; (G) Individual practice association made up of practices the members of which are engaged in the provision of health care; (H) Health maintenance organization, preferred provider organization, hospital and medical service corporation, or accountable care organization as defined by § 3022 of the federal Patient Protection and Affordable Care Act, P.L. 111-148, as amended; (I) Entity that contracts with a healthcare organization to perform any of the functions of a quality improvement committee; (J) Any patient safety organization listed as such by the federal secretary of health and human services pursuant to § 924 of the Patient Safety and Quality Improvement Act of 2005, P.L. 109-41, as amended; (K) University medical school or health science center; (L) Community mental health center as defined in § 33-1-101 ; or (M) Federally qualified health center as defined in 42 U.S.C. § 1396d(l)(2)(B) ;
(A) State or local health professional association or society;
(B) Professional assistance program providing, or attempting to provide, intervention, counseling, referral or other assistance to any healthcare provider or family of a healthcare provider directly related to and including the alcohol or drug impairment of a healthcare provider;
(C) Healthcare provider malpractice support group;
(D) Group practice that is engaged in the provision of healthcare services;
(E) Entity engaged in the provision of healthcare provider services or healthcare provider staffing to licensed healthcare entities, including hospitals;
(F) Professional healthcare foundation;
(G) Individual practice association made up of practices the members of which are engaged in the provision of health care;
(H) Health maintenance organization, preferred provider organization, hospital and medical service corporation, or accountable care organization as defined by § 3022 of the federal Patient Protection and Affordable Care Act, P.L. 111-148, as amended;
(I) Entity that contracts with a healthcare organization to perform any of the functions of a quality improvement committee;
(J) Any patient safety organization listed as such by the federal secretary of health and human services pursuant to § 924 of the Patient Safety and Quality Improvement Act of 2005, P.L. 109-41, as amended;
(K) University medical school or health science center;
(L) Community mental health center as defined in § 33-1-101 ; or
(M) Federally qualified health center as defined in 42 U.S.C. § 1396d(l)(2)(B) ;
(2) "Healthcare provider" means any healthcare professional licensed, authorized, certified or regulated under this title, including, but not limited to, medical resident physicians, interns, and fellows participating in a training program of one (1) of the accredited medical schools or of one (1) of such medical school's affiliated teaching hospitals in this state, or any other clinical staff of a healthcare organization;
(3) "Quality improvement committee" or "QIC" means a committee formed or retained by a healthcare organization, an activity of a healthcare organization, or one (1) or more individuals employed by a healthcare organization performing the types of functions listed in subdivisions (c)(3)(A)-(P), the purpose of which, or one (1) of the purposes of which is to evaluate the safety, quality, processes, costs, appropriateness, or necessity of healthcare services by performing functions, including, but not limited to: (A) Evaluation and improvement of the quality of healthcare services rendered; (B) Determination that health services rendered were professionally indicated or were performed in compliance with applicable standards of care; (C) Determination that the cost of health care rendered was considered reasonable; (D) Evaluation of the qualifications, credentials, competence and performance of healthcare providers or action upon matters relating to the discipline of any individual healthcare provider; (E) Reduction of morbidity or mortality; (F) Establishment and enforcement of guidelines designed to keep the cost of health care within reasonable bounds; (G) Research; (H) Evaluation of whether facilities are being properly utilized; (I) Supervision, education, discipline, admission, and the determination of privileges of healthcare providers; (J) Review of professional qualifications or activities of healthcare providers; (K) Evaluation of the quantity, quality and timeliness of healthcare services rendered to patients; (L) Evaluation, review or improvement of methods, procedures or treatments being utilized; (M) Intervention, support or rehabilitative referrals or services to healthcare providers; (N) Evaluation as to whether to report an unusual incident pursuant to § 63-6-221 or § 63-9-117 or to evaluate and improve the quality of health care rendered by healthcare providers related to the submission of an unusual incident report; (O) Activities to determine the healthcare organization's compliance with state or federal regulations; or (P) Participation in utilization review activities, including participation in review activities within the healthcare organization and activities in conjunction with an insurer or utilization review agent under title 56, chapter 6, part 7; and
(A) Evaluation and improvement of the quality of healthcare services rendered;
(B) Determination that health services rendered were professionally indicated or were performed in compliance with applicable standards of care;
(C) Determination that the cost of health care rendered was considered reasonable;
(D) Evaluation of the qualifications, credentials, competence and performance of healthcare providers or action upon matters relating to the discipline of any individual healthcare provider;
(E) Reduction of morbidity or mortality;
(F) Establishment and enforcement of guidelines designed to keep the cost of health care within reasonable bounds;
(G) Research;
(H) Evaluation of whether facilities are being properly utilized;
(I) Supervision, education, discipline, admission, and the determination of privileges of healthcare providers;
(J) Review of professional qualifications or activities of healthcare providers;
(K) Evaluation of the quantity, quality and timeliness of healthcare services rendered to patients;
(L) Evaluation, review or improvement of methods, procedures or treatments being utilized;
(M) Intervention, support or rehabilitative referrals or services to healthcare providers;
(N) Evaluation as to whether to report an unusual incident pursuant to § 63-6-221 or § 63-9-117 or to evaluate and improve the quality of health care rendered by healthcare providers related to the submission of an unusual incident report;
(O) Activities to determine the healthcare organization's compliance with state or federal regulations; or
(P) Participation in utilization review activities, including participation in review activities within the healthcare organization and activities in conjunction with an insurer or utilization review agent under title 56, chapter 6, part 7; and
(4) "Records" means records of interviews and all reports, incident reports, statements, minutes, memoranda, charts, statistics, evaluations, critiques, test results, corrective actions, disciplinary actions and any and all other documentation generated in connection with the activities of a QIC.
(d) (1) Records of a QIC and testimony or statements by a healthcare organization's officers or directors, trustees, healthcare providers, administrative staff, employees or other committee members or attendees relating to activities of the QIC shall be confidential and privileged and shall be protected from direct or indirect means of discovery, subpoena or admission into evidence in any judicial or administrative proceeding. Any person who supplies information, testifies or makes statements as part of a QIC may not be required to provide information as to the information, testimony or statements provided to or made before such a committee or opinions formed by such person as a result of committee participation. (2) Any information, documents or records, which are not produced for use by a QIC or which are not produced by persons acting on behalf of a QIC, and are otherwise available from original sources, shall not be construed as immune from discovery or use in any judicial or administrative proceedings merely because such information, documents or records were presented during proceedings of such committee. (3) A QIC may share information and documents, including complaints, incident reports, and testimony and statements by any person to the QIC, with one (1) or more other QICs as defined under this section or under § 68-11-272 . Information and documents disclosed by one (1) QIC to another QIC, and any information and documents created or maintained as a result of the sharing of such information and documents, shall be confidential, privileged and protected from direct or indirect means of discovery, subpoena or admission into evidence, to the same extent as provided in subdivision (d)(1). The QIC sharing such information with another QIC shall determine the manner and process by which it will share such information and documents, which process may include requiring a written agreement between QICs regarding the sharing of practitioner information. The QIC and its sponsoring healthcare organization shall not be held liable and are immune from suit for any disclosure or sharing of information in compliance with this section.
(1) Records of a QIC and testimony or statements by a healthcare organization's officers or directors, trustees, healthcare providers, administrative staff, employees or other committee members or attendees relating to activities of the QIC shall be confidential and privileged and shall be protected from direct or indirect means of discovery, subpoena or admission into evidence in any judicial or administrative proceeding. Any person who supplies information, testifies or makes statements as part of a QIC may not be required to provide information as to the information, testimony or statements provided to or made before such a committee or opinions formed by such person as a result of committee participation.
(2) Any information, documents or records, which are not produced for use by a QIC or which are not produced by persons acting on behalf of a QIC, and are otherwise available from original sources, shall not be construed as immune from discovery or use in any judicial or administrative proceedings merely because such information, documents or records were presented during proceedings of such committee.
(3) A QIC may share information and documents, including complaints, incident reports, and testimony and statements by any person to the QIC, with one (1) or more other QICs as defined under this section or under § 68-11-272 . Information and documents disclosed by one (1) QIC to another QIC, and any information and documents created or maintained as a result of the sharing of such information and documents, shall be confidential, privileged and protected from direct or indirect means of discovery, subpoena or admission into evidence, to the same extent as provided in subdivision (d)(1). The QIC sharing such information with another QIC shall determine the manner and process by which it will share such information and documents, which process may include requiring a written agreement between QICs regarding the sharing of practitioner information. The QIC and its sponsoring healthcare organization shall not be held liable and are immune from suit for any disclosure or sharing of information in compliance with this section.
(e) No healthcare organization or its officers, trustees, directors, healthcare providers, administrative staff, employees, other committee members or attendees, or any person providing information to a QIC shall be held liable: (1) In any action for damages or other relief and is immune from liability arising from the provision of information to a QIC or in any judicial or administrative proceeding if the information is provided to the QIC in good faith and without malice and on the basis of facts reasonably known or reasonably believed to exist; or (2) In any action for damages or other relief and is immune from liability resulting from any decisions, opinions, actions, and proceedings rendered, entered or acted upon by a QIC undertaken or performed within the scope or function of the duties of such committees or in any judicial or administrative proceeding, if made or taken in good faith and without malice and on the basis of facts reasonably known or reasonably believed to exist.
(1) In any action for damages or other relief and is immune from liability arising from the provision of information to a QIC or in any judicial or administrative proceeding if the information is provided to the QIC in good faith and without malice and on the basis of facts reasonably known or reasonably believed to exist; or
(2) In any action for damages or other relief and is immune from liability resulting from any decisions, opinions, actions, and proceedings rendered, entered or acted upon by a QIC undertaken or performed within the scope or function of the duties of such committees or in any judicial or administrative proceeding, if made or taken in good faith and without malice and on the basis of facts reasonably known or reasonably believed to exist.
(f) A professional assistance program also advocates for healthcare professionals before other QICs, healthcare entities, private and governmental insurance carriers, national or local certification and accreditation bodies, and the state health-related boards of this or any other state. The disclosure of confidential, privileged QIC information to such entities during advocacy or as a report to the health-related boards, or to the affected healthcare provider under review, does not constitute either a waiver of confidentiality or privilege.
(g) Any person providing information to a QIC is presumed to have acted in good faith and without malice. Any person alleging lack of good faith has the burden of proving bad faith and malice.
(h) All decisions, opinions, actions and proceedings rendered, entered or acted upon by a QIC are presumed to have been completed in good faith and without malice. Any person alleging lack of good faith has the burden of proving bad faith and malice.
Amended by 2021 Tenn. Acts, ch. 150, s 1, eff. 7/1/2021.
Amended by 2018 Tenn. Acts, ch. 593, s 1, eff. 3/22/2018.
Amended by 2017 Tenn. Acts, ch. 4, s 1, eff. 3/15/2017.
Amended by 2014 Tenn. Acts, ch. 651, Secs.s 1, s 2, s 3 eff. 4/8/2014.
Acts 2011 , ch. 67, § 4.
Tenn. Code Ann. § 63-7-127 — TN Code / Title 63 / Chapter 7 / Section 63-7-127
Medication aides
Status: in_force

(a) As used in this section, "medication aide" means an individual who administers medications under the general supervision of a licensed registered or practical nurse pursuant to this section. During the course of administering medication, a medication aide shall not be assigned any other nonmedication administration duties. A medication aide shall not be prohibited from responding, as appropriate, to an emergency. (b) Any nursing home or assisted care living facility licensed pursuant to title 68 or a Program for All-Inclusive Care for the Elderly (PACE) as defined in § 56-2-121(b) may use one (1) or more medication aides to administer medications, as set forth in this section, to its patients; provided, that each and every individual used as a medication aide shall hold a current, valid medication aide certificate issued by the board of nursing under this section. (c) When carrying out their responsibilities under this section, medication aides shall wear a name tag visible to others that displays the designation "Medication Aide." (d) An individual seeking certification as a medication aide shall apply to the board of nursing on a form prescribed and provided by the board in writing or via online application. The individual shall also pay the applicable certification fee established by the board. (e) To be eligible to receive a medication aide certificate, an applicant must: (1) Be at least eighteen (18) years of age; (2) Have completed the twelfth grade or its equivalent, or have successfully passed the test for and received a high school equivalency credential approved by the state board of education; (3) Be a nurse aide, duly certified under the standards established under federal law and title 68, chapter 11, part 2, or an occupational therapy assistant licensed pursuant to the Occupational and Physical Therapy Practice Act, compiled in chapter 13 of this title; (4) Have practiced continuously as a certified nurse aide or a licensed occupational therapy assistant for at least one (1) year in a nursing home, assisted-care living facility, or a PACE as defined in § 56-2-121 ; (5) Have a recommendation from a facility where the individual is employed or contracted; (6) Have successfully completed a course of instruction provided by a training program approved by the board under subsection (i); and (7) Have passed a standardized examination. (f) If an applicant meets the requirements of subsection (e), the board shall issue a medication aide certificate to the applicant. (g) A medication aide certificate is valid for two (2) years, unless it is earlier suspended or revoked. The certificate may be renewed in accordance with procedures specified in rules promulgated by the board under this section. To be eligible for renewal, an applicant shall pay a renewal fee established by the board and shall: (1) Have completed all continuing education or continued competency requirements, or both, necessary to maintain nurse aide certification under title 68, chapter 11, part 2, and the rules promulgated pursuant to title 68, chapter 11, part 2; and (2) Have completed a total of six (6) contact hours per year of continuing education; provided, that five (5) hours of the continuing education shall be in pharmacology provided by a licensed pharmacist or registered nurse. (h) (1) The board has the power to deny, revoke, or suspend any certificate to practice as a medication aide or to otherwise discipline a certificate holder, including imposing civil monetary penalties, upon proof that the medication aide: (A) Is guilty of fraud or deceit in procuring or attempting to procure a certificate as a medication aide; (B) Is guilty of a crime; (C) Is addicted to alcohol or drugs to the degree of interfering with the medication aide's professional duties; (D) Is mentally incompetent; (E) Is unfit or incompetent by reason of negligence, habits, or other cause, including the following: (i) Intentionally or negligently causing physical or emotional injury to a patient; (ii) Failing to assist in maintaining a facility record for each patient that accurately reflects the medication administration by the medication aide or failure to maintain a record for each patient that accurately reflects the name and title of the aide providing care, or both; (iii) Using or removing without authorization drugs, supplies, or equipment from any licensed nursing home, assisted care living facility, or Program for All-Inclusive Care for the Elderly (PACE) as defined in § 56-2-121 ; (iv) Using any intoxicating beverage or illegally using any narcotic or dangerous drug while on duty in any licensed nursing home, assisted care living facility, or PACE; (v) Being under the influence of alcoholic beverages, or under the influence of drugs that impair judgment while on duty in any licensed nursing home, assisted care living facility, or PACE; (vi) Impersonating another licensed or certified healthcare provider; (vii) Having received a revocation, suspension, probation, or other discipline of a certificate to practice as a medication aide, or its equivalent, or as a certified nurse aide, by another state for any act or omission that would constitute grounds for the revocation, suspension, probation, or other discipline of a certificate in this state; (viii) Practicing as a medication aide certified in this state on a lapsed certificate; (ix) Aiding, abetting, or assisting an individual to violate or circumvent any law or duly promulgated rule intended to guide the conduct of any certified or licensed healthcare provider; (x) Exercising undue influence on a patient, including the promotion or sale of services, goods, appliances, or drugs in such a manner as to exploit the patient for financial gain of the medication aide or of a third party; (xi) Discriminating in the rendering of services as it relates to race, age, sex, religion, national origin, or the condition of the patient; (xii) Violating confidentiality of information or knowledge concerning the patient, except when required to do so by a court of law; (xiii) Failing to take appropriate action in safeguarding the patient from incompetent healthcare practices; (xiv) Failing to report, through proper channels, facts known to the individual regarding incompetent, unethical, or illegal practices of any healthcare provider; (xv) Performing healthcare techniques or procedures without proper education and practice; or (xvi) Engaging in acts of dishonesty that relate to the practice of a medication aide; (F) Is convicted of any one (1) of the following crimes: (i) First degree murder, § 39-13-202 ; (ii) Second degree murder, § 39-13-210 ; (iii) Kidnapping, § 39-13-303 ; (iv) Aggravated kidnapping, § 39-13-304 ; (v) Especially aggravated kidnapping, § 39-13-305 ; (vi) Aggravated robbery, § 39-13-402 ; (vii) Especially aggravated robbery, § 39-13-403 ; (viii) Aggravated rape, § 39-13-502 ; (ix) Rape, § 39-13-503 ; (x) Exploitation of an adult under [former] § 39-14-111 [repealed]; or (xi) Abuse, neglect, or exploitation of an adult under § 71-6-117 ; (G) Furnished or otherwise provided the board with false or incomplete information on an application for a certificate regarding the individual's criminal conviction record; or (H) Has violated or attempted to violate, or assisted in or abetted the violation of, or conspired to violate, this chapter, any duly promulgated rule, or any lawful order of the board issued pursuant to this chapter. (2) All disciplinary actions taken by the board under this section shall conform to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, and may be heard by a screening panel pursuant to § 63-7-115(c) . (i) (1) A qualified entity seeking approval to provide a medication aide training program shall apply to the board of nursing on a form prescribed and provided by the board, along with the applicable fee established by the board. (2) The board shall approve the applicant described in subdivision (i)(1) if the applicant is a qualified entity, or a combination of qualified entities, and if the content of the course of instruction to be provided by the program meets the standards, specified by the board in rules promulgated under this section, and includes: (A) At least sixty (60) hours of instruction, consisting of forty (40) classroom hours and twenty (20) clinical hours. The board shall determine the standard minimum curriculum, which must: (i) Include appropriate instruction to enable communication, attention to safety, knowledge of medications, and other factors as determined necessary by the board; and (ii) Be completed either in person or through distance learning; and (B) A supervised clinical practice component that includes an approved medication aide training program sufficient to assure that students are prepared to administer medications as a medication aide in a safe and effective manner and that: (i) Consists of twenty (20) hours, including experience in tasks related to the administration of medication, and that is conducted under the direction and supervision of a licensed nurse; (ii) Requires any licensed nursing home, assisted care living facility, or PACE participating in the training program to have a written agreement to provide licensed nurse supervision of the student; and (iii) Requires supervision of a student engaged in medication administration by a licensed nurse. (3) The board may deny, suspend, or revoke the approval granted to the qualified entity of a medication aide training program for reasons specified in rules promulgated under this subsection (i). All actions taken by the board to deny, suspend, or revoke the approval of a training program shall conform to the Uniform Administrative Procedures Act. (j) (1) The board shall provide or contract for the provision of standardized medication aide examination services by: (A) Publishing an annual schedule of examination schedules and sites; (B) Scheduling tests to be administered, except when no individual is scheduled to test at a particular test site; (C) Publishing the number of individuals passing and failing the exam on at least a quarterly basis; (D) Requiring the minimum passing grade to be seventy-five percent (75%) for the examination; and (E) Requiring individuals who fail any portion of the examination two (2) consecutive times to repeat the course of training as set forth in subsection (i) prior to taking the examination again. (2) In accordance with the Uniform Administrative Procedures Act, the board shall have rulemaking authority to establish any necessary rules for the administration of this subsection (j). (k) (1) (A) Except for the prohibited medications and the methods of medication administration specified in subdivision (k)(3), a medication aide, who holds a current, valid medication aide certificate issued under this section, may administer medications to the residents of nursing homes or assisted care living facilities or to the participants of PACE that use medication aides pursuant to this section. A medication aide shall administer medications only pursuant to delegation by a licensed nurse. (B) A delegation of medication administration to a medication aide shall be carried out in accordance with the rules for nursing delegation adopted under this chapter by the board of nursing. (C) A medication aide may only administer medication after: (i) Each resident is evaluated by a licensed nurse on admission and after any change in status, acuity, or medication; and (ii) The licensed nurse makes a determination that it is appropriate for the resident to receive medication by a medication aide. (2) In exercising the authority to administer medications pursuant to a nursing delegation, a medication aide may administer medications in any of the following categories: (A) Oral medications; (B) Topical medications; and (C) Any medications set forth in subdivision (k)(2)(A) or (k)(2)(B) prescribed with a designation authorizing or requiring administration on an as-needed basis. (3) A medication aide shall not: (A) Administer medications when administration would require a dosage decision or calculation; (B) Directly receive orders from a physician or other medication prescriber; (C) Administer barium or other contrast media; (D) Administer chemotherapeutic agents; (E) Administer rectal and vaginal medications; (F) Apply topical medications ordered for the treatment of pressure ulcers or skin grafts; or (G) Change a dosage amount to adhere to a change in a physician's order. (H) [Deleted by 2024 amendment.] (I) [Deleted by 2024 amendment.] (4) A medication aide shall not, under any circumstances, administer medications by certain methods or routes, or both, as determined by rule. These methods or routes include, but are not limited to, the following: (A) Injection; (B) Intravenous; (C) Central lines; (D) Intrathecal; (E) Colostomy; (F) A surgically placed feeding tube, such as gastrostomy or jejunostomy; (G) Nasogastric; (H) Intradermal; (I) Urethral; (J) Epidural; (K) Endotracheal; (L) Intramuscular; (M) Subcutaneous; or (N) Nonmetered inhaler. (l) (1) The board of nursing shall adopt rules to implement this section. These rules shall take effect no later than January 1, 2017. All rules shall be promulgated in accordance with the Uniform Administrative Procedures Act. (2) The rules adopted to implement this section shall at a minimum establish or specify the following: (A) Fees, in an amount sufficient to cover the costs the board incurs in implementing this section; (B) Procedures for renewal of medication aide certificates; (C) Grounds for discipline of applicants or certificate holders, or both; (D) Standards for approval of peer support programs for the holders of medication aide certificates; and (E) Procedures for approval or denial of medication aide training programs. (m) A licensed nurse for the purpose of this section shall include a registered nurse, a licensed practical nurse, or either one. (n) (1) Any nursing home or assisted care living facility licensed pursuant to title 68 or a PACE that uses one (1) or more medication aides to administer medications shall implement as part of its facility policy a plan for the tracking and recording of: (A) Any medication error; and (B) Any incident of opioid or benzodiazepine diversion. (2) The incidents of medication error and diversion of opioids and benzodiazepines shall be made available to duly appointed representatives of the department of health pursuant to § 68-11-210 . Amended by 2024 Tenn. Acts, ch. 756,s 2, eff. 4/22/2024. Amended by 2024 Tenn. Acts, ch. 756,s 1, eff. 4/22/2024. Amended by 2023 Tenn. Acts, ch. 114, s 51, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 1112, s 1, eff. 1/1/2023. Amended by 2022 Tenn. Acts, ch. 1112, Secs.s 2, s 3 eff. 6/1/2022. Amended by 2016 Tenn. Acts, ch. 1051, s 1, eff. 1/1/2017. Amended by 2014 Tenn. Acts, ch. 949,s 7, eff. 7/1/2014. Acts 2009 , ch. 403, § 2; 2010 , ch. 926, § 1.
(a) As used in this section, "medication aide" means an individual who administers medications under the general supervision of a licensed registered or practical nurse pursuant to this section. During the course of administering medication, a medication aide shall not be assigned any other nonmedication administration duties. A medication aide shall not be prohibited from responding, as appropriate, to an emergency.
(b) Any nursing home or assisted care living facility licensed pursuant to title 68 or a Program for All-Inclusive Care for the Elderly (PACE) as defined in § 56-2-121(b) may use one (1) or more medication aides to administer medications, as set forth in this section, to its patients; provided, that each and every individual used as a medication aide shall hold a current, valid medication aide certificate issued by the board of nursing under this section.
(c) When carrying out their responsibilities under this section, medication aides shall wear a name tag visible to others that displays the designation "Medication Aide."
(d) An individual seeking certification as a medication aide shall apply to the board of nursing on a form prescribed and provided by the board in writing or via online application. The individual shall also pay the applicable certification fee established by the board.
(e) To be eligible to receive a medication aide certificate, an applicant must: (1) Be at least eighteen (18) years of age; (2) Have completed the twelfth grade or its equivalent, or have successfully passed the test for and received a high school equivalency credential approved by the state board of education; (3) Be a nurse aide, duly certified under the standards established under federal law and title 68, chapter 11, part 2, or an occupational therapy assistant licensed pursuant to the Occupational and Physical Therapy Practice Act, compiled in chapter 13 of this title; (4) Have practiced continuously as a certified nurse aide or a licensed occupational therapy assistant for at least one (1) year in a nursing home, assisted-care living facility, or a PACE as defined in § 56-2-121 ; (5) Have a recommendation from a facility where the individual is employed or contracted; (6) Have successfully completed a course of instruction provided by a training program approved by the board under subsection (i); and (7) Have passed a standardized examination.
(1) Be at least eighteen (18) years of age;
(2) Have completed the twelfth grade or its equivalent, or have successfully passed the test for and received a high school equivalency credential approved by the state board of education;
(3) Be a nurse aide, duly certified under the standards established under federal law and title 68, chapter 11, part 2, or an occupational therapy assistant licensed pursuant to the Occupational and Physical Therapy Practice Act, compiled in chapter 13 of this title;
(4) Have practiced continuously as a certified nurse aide or a licensed occupational therapy assistant for at least one (1) year in a nursing home, assisted-care living facility, or a PACE as defined in § 56-2-121 ;
(5) Have a recommendation from a facility where the individual is employed or contracted;
(6) Have successfully completed a course of instruction provided by a training program approved by the board under subsection (i); and
(7) Have passed a standardized examination.
(f) If an applicant meets the requirements of subsection (e), the board shall issue a medication aide certificate to the applicant.
(g) A medication aide certificate is valid for two (2) years, unless it is earlier suspended or revoked. The certificate may be renewed in accordance with procedures specified in rules promulgated by the board under this section. To be eligible for renewal, an applicant shall pay a renewal fee established by the board and shall: (1) Have completed all continuing education or continued competency requirements, or both, necessary to maintain nurse aide certification under title 68, chapter 11, part 2, and the rules promulgated pursuant to title 68, chapter 11, part 2; and (2) Have completed a total of six (6) contact hours per year of continuing education; provided, that five (5) hours of the continuing education shall be in pharmacology provided by a licensed pharmacist or registered nurse.
(1) Have completed all continuing education or continued competency requirements, or both, necessary to maintain nurse aide certification under title 68, chapter 11, part 2, and the rules promulgated pursuant to title 68, chapter 11, part 2; and
(2) Have completed a total of six (6) contact hours per year of continuing education; provided, that five (5) hours of the continuing education shall be in pharmacology provided by a licensed pharmacist or registered nurse.
(h) (1) The board has the power to deny, revoke, or suspend any certificate to practice as a medication aide or to otherwise discipline a certificate holder, including imposing civil monetary penalties, upon proof that the medication aide: (A) Is guilty of fraud or deceit in procuring or attempting to procure a certificate as a medication aide; (B) Is guilty of a crime; (C) Is addicted to alcohol or drugs to the degree of interfering with the medication aide's professional duties; (D) Is mentally incompetent; (E) Is unfit or incompetent by reason of negligence, habits, or other cause, including the following: (i) Intentionally or negligently causing physical or emotional injury to a patient; (ii) Failing to assist in maintaining a facility record for each patient that accurately reflects the medication administration by the medication aide or failure to maintain a record for each patient that accurately reflects the name and title of the aide providing care, or both; (iii) Using or removing without authorization drugs, supplies, or equipment from any licensed nursing home, assisted care living facility, or Program for All-Inclusive Care for the Elderly (PACE) as defined in § 56-2-121 ; (iv) Using any intoxicating beverage or illegally using any narcotic or dangerous drug while on duty in any licensed nursing home, assisted care living facility, or PACE; (v) Being under the influence of alcoholic beverages, or under the influence of drugs that impair judgment while on duty in any licensed nursing home, assisted care living facility, or PACE; (vi) Impersonating another licensed or certified healthcare provider; (vii) Having received a revocation, suspension, probation, or other discipline of a certificate to practice as a medication aide, or its equivalent, or as a certified nurse aide, by another state for any act or omission that would constitute grounds for the revocation, suspension, probation, or other discipline of a certificate in this state; (viii) Practicing as a medication aide certified in this state on a lapsed certificate; (ix) Aiding, abetting, or assisting an individual to violate or circumvent any law or duly promulgated rule intended to guide the conduct of any certified or licensed healthcare provider; (x) Exercising undue influence on a patient, including the promotion or sale of services, goods, appliances, or drugs in such a manner as to exploit the patient for financial gain of the medication aide or of a third party; (xi) Discriminating in the rendering of services as it relates to race, age, sex, religion, national origin, or the condition of the patient; (xii) Violating confidentiality of information or knowledge concerning the patient, except when required to do so by a court of law; (xiii) Failing to take appropriate action in safeguarding the patient from incompetent healthcare practices; (xiv) Failing to report, through proper channels, facts known to the individual regarding incompetent, unethical, or illegal practices of any healthcare provider; (xv) Performing healthcare techniques or procedures without proper education and practice; or (xvi) Engaging in acts of dishonesty that relate to the practice of a medication aide; (F) Is convicted of any one (1) of the following crimes: (i) First degree murder, § 39-13-202 ; (ii) Second degree murder, § 39-13-210 ; (iii) Kidnapping, § 39-13-303 ; (iv) Aggravated kidnapping, § 39-13-304 ; (v) Especially aggravated kidnapping, § 39-13-305 ; (vi) Aggravated robbery, § 39-13-402 ; (vii) Especially aggravated robbery, § 39-13-403 ; (viii) Aggravated rape, § 39-13-502 ; (ix) Rape, § 39-13-503 ; (x) Exploitation of an adult under [former] § 39-14-111 [repealed]; or (xi) Abuse, neglect, or exploitation of an adult under § 71-6-117 ; (G) Furnished or otherwise provided the board with false or incomplete information on an application for a certificate regarding the individual's criminal conviction record; or (H) Has violated or attempted to violate, or assisted in or abetted the violation of, or conspired to violate, this chapter, any duly promulgated rule, or any lawful order of the board issued pursuant to this chapter. (2) All disciplinary actions taken by the board under this section shall conform to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, and may be heard by a screening panel pursuant to § 63-7-115(c) .
(1) The board has the power to deny, revoke, or suspend any certificate to practice as a medication aide or to otherwise discipline a certificate holder, including imposing civil monetary penalties, upon proof that the medication aide: (A) Is guilty of fraud or deceit in procuring or attempting to procure a certificate as a medication aide; (B) Is guilty of a crime; (C) Is addicted to alcohol or drugs to the degree of interfering with the medication aide's professional duties; (D) Is mentally incompetent; (E) Is unfit or incompetent by reason of negligence, habits, or other cause, including the following: (i) Intentionally or negligently causing physical or emotional injury to a patient; (ii) Failing to assist in maintaining a facility record for each patient that accurately reflects the medication administration by the medication aide or failure to maintain a record for each patient that accurately reflects the name and title of the aide providing care, or both; (iii) Using or removing without authorization drugs, supplies, or equipment from any licensed nursing home, assisted care living facility, or Program for All-Inclusive Care for the Elderly (PACE) as defined in § 56-2-121 ; (iv) Using any intoxicating beverage or illegally using any narcotic or dangerous drug while on duty in any licensed nursing home, assisted care living facility, or PACE; (v) Being under the influence of alcoholic beverages, or under the influence of drugs that impair judgment while on duty in any licensed nursing home, assisted care living facility, or PACE; (vi) Impersonating another licensed or certified healthcare provider; (vii) Having received a revocation, suspension, probation, or other discipline of a certificate to practice as a medication aide, or its equivalent, or as a certified nurse aide, by another state for any act or omission that would constitute grounds for the revocation, suspension, probation, or other discipline of a certificate in this state; (viii) Practicing as a medication aide certified in this state on a lapsed certificate; (ix) Aiding, abetting, or assisting an individual to violate or circumvent any law or duly promulgated rule intended to guide the conduct of any certified or licensed healthcare provider; (x) Exercising undue influence on a patient, including the promotion or sale of services, goods, appliances, or drugs in such a manner as to exploit the patient for financial gain of the medication aide or of a third party; (xi) Discriminating in the rendering of services as it relates to race, age, sex, religion, national origin, or the condition of the patient; (xii) Violating confidentiality of information or knowledge concerning the patient, except when required to do so by a court of law; (xiii) Failing to take appropriate action in safeguarding the patient from incompetent healthcare practices; (xiv) Failing to report, through proper channels, facts known to the individual regarding incompetent, unethical, or illegal practices of any healthcare provider; (xv) Performing healthcare techniques or procedures without proper education and practice; or (xvi) Engaging in acts of dishonesty that relate to the practice of a medication aide; (F) Is convicted of any one (1) of the following crimes: (i) First degree murder, § 39-13-202 ; (ii) Second degree murder, § 39-13-210 ; (iii) Kidnapping, § 39-13-303 ; (iv) Aggravated kidnapping, § 39-13-304 ; (v) Especially aggravated kidnapping, § 39-13-305 ; (vi) Aggravated robbery, § 39-13-402 ; (vii) Especially aggravated robbery, § 39-13-403 ; (viii) Aggravated rape, § 39-13-502 ; (ix) Rape, § 39-13-503 ; (x) Exploitation of an adult under [former] § 39-14-111 [repealed]; or (xi) Abuse, neglect, or exploitation of an adult under § 71-6-117 ; (G) Furnished or otherwise provided the board with false or incomplete information on an application for a certificate regarding the individual's criminal conviction record; or (H) Has violated or attempted to violate, or assisted in or abetted the violation of, or conspired to violate, this chapter, any duly promulgated rule, or any lawful order of the board issued pursuant to this chapter.
(A) Is guilty of fraud or deceit in procuring or attempting to procure a certificate as a medication aide;
(B) Is guilty of a crime;
(C) Is addicted to alcohol or drugs to the degree of interfering with the medication aide's professional duties;
(D) Is mentally incompetent;
(E) Is unfit or incompetent by reason of negligence, habits, or other cause, including the following: (i) Intentionally or negligently causing physical or emotional injury to a patient; (ii) Failing to assist in maintaining a facility record for each patient that accurately reflects the medication administration by the medication aide or failure to maintain a record for each patient that accurately reflects the name and title of the aide providing care, or both; (iii) Using or removing without authorization drugs, supplies, or equipment from any licensed nursing home, assisted care living facility, or Program for All-Inclusive Care for the Elderly (PACE) as defined in § 56-2-121 ; (iv) Using any intoxicating beverage or illegally using any narcotic or dangerous drug while on duty in any licensed nursing home, assisted care living facility, or PACE; (v) Being under the influence of alcoholic beverages, or under the influence of drugs that impair judgment while on duty in any licensed nursing home, assisted care living facility, or PACE; (vi) Impersonating another licensed or certified healthcare provider; (vii) Having received a revocation, suspension, probation, or other discipline of a certificate to practice as a medication aide, or its equivalent, or as a certified nurse aide, by another state for any act or omission that would constitute grounds for the revocation, suspension, probation, or other discipline of a certificate in this state; (viii) Practicing as a medication aide certified in this state on a lapsed certificate; (ix) Aiding, abetting, or assisting an individual to violate or circumvent any law or duly promulgated rule intended to guide the conduct of any certified or licensed healthcare provider; (x) Exercising undue influence on a patient, including the promotion or sale of services, goods, appliances, or drugs in such a manner as to exploit the patient for financial gain of the medication aide or of a third party; (xi) Discriminating in the rendering of services as it relates to race, age, sex, religion, national origin, or the condition of the patient; (xii) Violating confidentiality of information or knowledge concerning the patient, except when required to do so by a court of law; (xiii) Failing to take appropriate action in safeguarding the patient from incompetent healthcare practices; (xiv) Failing to report, through proper channels, facts known to the individual regarding incompetent, unethical, or illegal practices of any healthcare provider; (xv) Performing healthcare techniques or procedures without proper education and practice; or (xvi) Engaging in acts of dishonesty that relate to the practice of a medication aide;
(i) Intentionally or negligently causing physical or emotional injury to a patient;
(ii) Failing to assist in maintaining a facility record for each patient that accurately reflects the medication administration by the medication aide or failure to maintain a record for each patient that accurately reflects the name and title of the aide providing care, or both;
(iii) Using or removing without authorization drugs, supplies, or equipment from any licensed nursing home, assisted care living facility, or Program for All-Inclusive Care for the Elderly (PACE) as defined in § 56-2-121 ;
(iv) Using any intoxicating beverage or illegally using any narcotic or dangerous drug while on duty in any licensed nursing home, assisted care living facility, or PACE;
(v) Being under the influence of alcoholic beverages, or under the influence of drugs that impair judgment while on duty in any licensed nursing home, assisted care living facility, or PACE;
(vi) Impersonating another licensed or certified healthcare provider;
(vii) Having received a revocation, suspension, probation, or other discipline of a certificate to practice as a medication aide, or its equivalent, or as a certified nurse aide, by another state for any act or omission that would constitute grounds for the revocation, suspension, probation, or other discipline of a certificate in this state;
(viii) Practicing as a medication aide certified in this state on a lapsed certificate;
(ix) Aiding, abetting, or assisting an individual to violate or circumvent any law or duly promulgated rule intended to guide the conduct of any certified or licensed healthcare provider;
(x) Exercising undue influence on a patient, including the promotion or sale of services, goods, appliances, or drugs in such a manner as to exploit the patient for financial gain of the medication aide or of a third party;
(xi) Discriminating in the rendering of services as it relates to race, age, sex, religion, national origin, or the condition of the patient;
(xii) Violating confidentiality of information or knowledge concerning the patient, except when required to do so by a court of law;
(xiii) Failing to take appropriate action in safeguarding the patient from incompetent healthcare practices;
(xiv) Failing to report, through proper channels, facts known to the individual regarding incompetent, unethical, or illegal practices of any healthcare provider;
(xv) Performing healthcare techniques or procedures without proper education and practice; or
(xvi) Engaging in acts of dishonesty that relate to the practice of a medication aide;
(F) Is convicted of any one (1) of the following crimes: (i) First degree murder, § 39-13-202 ; (ii) Second degree murder, § 39-13-210 ; (iii) Kidnapping, § 39-13-303 ; (iv) Aggravated kidnapping, § 39-13-304 ; (v) Especially aggravated kidnapping, § 39-13-305 ; (vi) Aggravated robbery, § 39-13-402 ; (vii) Especially aggravated robbery, § 39-13-403 ; (viii) Aggravated rape, § 39-13-502 ; (ix) Rape, § 39-13-503 ; (x) Exploitation of an adult under [former] § 39-14-111 [repealed]; or (xi) Abuse, neglect, or exploitation of an adult under § 71-6-117 ;
(i) First degree murder, § 39-13-202 ;
(ii) Second degree murder, § 39-13-210 ;
(iii) Kidnapping, § 39-13-303 ;
(iv) Aggravated kidnapping, § 39-13-304 ;
(v) Especially aggravated kidnapping, § 39-13-305 ;
(vi) Aggravated robbery, § 39-13-402 ;
(vii) Especially aggravated robbery, § 39-13-403 ;
(viii) Aggravated rape, § 39-13-502 ;
(ix) Rape, § 39-13-503 ;
(x) Exploitation of an adult under [former] § 39-14-111 [repealed]; or
(xi) Abuse, neglect, or exploitation of an adult under § 71-6-117 ;
(G) Furnished or otherwise provided the board with false or incomplete information on an application for a certificate regarding the individual's criminal conviction record; or
(H) Has violated or attempted to violate, or assisted in or abetted the violation of, or conspired to violate, this chapter, any duly promulgated rule, or any lawful order of the board issued pursuant to this chapter.
(2) All disciplinary actions taken by the board under this section shall conform to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, and may be heard by a screening panel pursuant to § 63-7-115(c) .
(i) (1) A qualified entity seeking approval to provide a medication aide training program shall apply to the board of nursing on a form prescribed and provided by the board, along with the applicable fee established by the board. (2) The board shall approve the applicant described in subdivision (i)(1) if the applicant is a qualified entity, or a combination of qualified entities, and if the content of the course of instruction to be provided by the program meets the standards, specified by the board in rules promulgated under this section, and includes: (A) At least sixty (60) hours of instruction, consisting of forty (40) classroom hours and twenty (20) clinical hours. The board shall determine the standard minimum curriculum, which must: (i) Include appropriate instruction to enable communication, attention to safety, knowledge of medications, and other factors as determined necessary by the board; and (ii) Be completed either in person or through distance learning; and (B) A supervised clinical practice component that includes an approved medication aide training program sufficient to assure that students are prepared to administer medications as a medication aide in a safe and effective manner and that: (i) Consists of twenty (20) hours, including experience in tasks related to the administration of medication, and that is conducted under the direction and supervision of a licensed nurse; (ii) Requires any licensed nursing home, assisted care living facility, or PACE participating in the training program to have a written agreement to provide licensed nurse supervision of the student; and (iii) Requires supervision of a student engaged in medication administration by a licensed nurse. (3) The board may deny, suspend, or revoke the approval granted to the qualified entity of a medication aide training program for reasons specified in rules promulgated under this subsection (i). All actions taken by the board to deny, suspend, or revoke the approval of a training program shall conform to the Uniform Administrative Procedures Act.
(1) A qualified entity seeking approval to provide a medication aide training program shall apply to the board of nursing on a form prescribed and provided by the board, along with the applicable fee established by the board.
(2) The board shall approve the applicant described in subdivision (i)(1) if the applicant is a qualified entity, or a combination of qualified entities, and if the content of the course of instruction to be provided by the program meets the standards, specified by the board in rules promulgated under this section, and includes: (A) At least sixty (60) hours of instruction, consisting of forty (40) classroom hours and twenty (20) clinical hours. The board shall determine the standard minimum curriculum, which must: (i) Include appropriate instruction to enable communication, attention to safety, knowledge of medications, and other factors as determined necessary by the board; and (ii) Be completed either in person or through distance learning; and (B) A supervised clinical practice component that includes an approved medication aide training program sufficient to assure that students are prepared to administer medications as a medication aide in a safe and effective manner and that: (i) Consists of twenty (20) hours, including experience in tasks related to the administration of medication, and that is conducted under the direction and supervision of a licensed nurse; (ii) Requires any licensed nursing home, assisted care living facility, or PACE participating in the training program to have a written agreement to provide licensed nurse supervision of the student; and (iii) Requires supervision of a student engaged in medication administration by a licensed nurse.
(A) At least sixty (60) hours of instruction, consisting of forty (40) classroom hours and twenty (20) clinical hours. The board shall determine the standard minimum curriculum, which must: (i) Include appropriate instruction to enable communication, attention to safety, knowledge of medications, and other factors as determined necessary by the board; and (ii) Be completed either in person or through distance learning; and
(i) Include appropriate instruction to enable communication, attention to safety, knowledge of medications, and other factors as determined necessary by the board; and
(ii) Be completed either in person or through distance learning; and
(B) A supervised clinical practice component that includes an approved medication aide training program sufficient to assure that students are prepared to administer medications as a medication aide in a safe and effective manner and that: (i) Consists of twenty (20) hours, including experience in tasks related to the administration of medication, and that is conducted under the direction and supervision of a licensed nurse; (ii) Requires any licensed nursing home, assisted care living facility, or PACE participating in the training program to have a written agreement to provide licensed nurse supervision of the student; and (iii) Requires supervision of a student engaged in medication administration by a licensed nurse.
(i) Consists of twenty (20) hours, including experience in tasks related to the administration of medication, and that is conducted under the direction and supervision of a licensed nurse;
(ii) Requires any licensed nursing home, assisted care living facility, or PACE participating in the training program to have a written agreement to provide licensed nurse supervision of the student; and
(iii) Requires supervision of a student engaged in medication administration by a licensed nurse.
(3) The board may deny, suspend, or revoke the approval granted to the qualified entity of a medication aide training program for reasons specified in rules promulgated under this subsection (i). All actions taken by the board to deny, suspend, or revoke the approval of a training program shall conform to the Uniform Administrative Procedures Act.
(j) (1) The board shall provide or contract for the provision of standardized medication aide examination services by: (A) Publishing an annual schedule of examination schedules and sites; (B) Scheduling tests to be administered, except when no individual is scheduled to test at a particular test site; (C) Publishing the number of individuals passing and failing the exam on at least a quarterly basis; (D) Requiring the minimum passing grade to be seventy-five percent (75%) for the examination; and (E) Requiring individuals who fail any portion of the examination two (2) consecutive times to repeat the course of training as set forth in subsection (i) prior to taking the examination again. (2) In accordance with the Uniform Administrative Procedures Act, the board shall have rulemaking authority to establish any necessary rules for the administration of this subsection (j).
(1) The board shall provide or contract for the provision of standardized medication aide examination services by: (A) Publishing an annual schedule of examination schedules and sites; (B) Scheduling tests to be administered, except when no individual is scheduled to test at a particular test site; (C) Publishing the number of individuals passing and failing the exam on at least a quarterly basis; (D) Requiring the minimum passing grade to be seventy-five percent (75%) for the examination; and (E) Requiring individuals who fail any portion of the examination two (2) consecutive times to repeat the course of training as set forth in subsection (i) prior to taking the examination again.
(A) Publishing an annual schedule of examination schedules and sites;
(B) Scheduling tests to be administered, except when no individual is scheduled to test at a particular test site;
(C) Publishing the number of individuals passing and failing the exam on at least a quarterly basis;
(D) Requiring the minimum passing grade to be seventy-five percent (75%) for the examination; and
(E) Requiring individuals who fail any portion of the examination two (2) consecutive times to repeat the course of training as set forth in subsection (i) prior to taking the examination again.
(2) In accordance with the Uniform Administrative Procedures Act, the board shall have rulemaking authority to establish any necessary rules for the administration of this subsection (j).
(k) (1) (A) Except for the prohibited medications and the methods of medication administration specified in subdivision (k)(3), a medication aide, who holds a current, valid medication aide certificate issued under this section, may administer medications to the residents of nursing homes or assisted care living facilities or to the participants of PACE that use medication aides pursuant to this section. A medication aide shall administer medications only pursuant to delegation by a licensed nurse. (B) A delegation of medication administration to a medication aide shall be carried out in accordance with the rules for nursing delegation adopted under this chapter by the board of nursing. (C) A medication aide may only administer medication after: (i) Each resident is evaluated by a licensed nurse on admission and after any change in status, acuity, or medication; and (ii) The licensed nurse makes a determination that it is appropriate for the resident to receive medication by a medication aide. (2) In exercising the authority to administer medications pursuant to a nursing delegation, a medication aide may administer medications in any of the following categories: (A) Oral medications; (B) Topical medications; and (C) Any medications set forth in subdivision (k)(2)(A) or (k)(2)(B) prescribed with a designation authorizing or requiring administration on an as-needed basis. (3) A medication aide shall not: (A) Administer medications when administration would require a dosage decision or calculation; (B) Directly receive orders from a physician or other medication prescriber; (C) Administer barium or other contrast media; (D) Administer chemotherapeutic agents; (E) Administer rectal and vaginal medications; (F) Apply topical medications ordered for the treatment of pressure ulcers or skin grafts; or (G) Change a dosage amount to adhere to a change in a physician's order. (H) [Deleted by 2024 amendment.] (I) [Deleted by 2024 amendment.] (4) A medication aide shall not, under any circumstances, administer medications by certain methods or routes, or both, as determined by rule. These methods or routes include, but are not limited to, the following: (A) Injection; (B) Intravenous; (C) Central lines; (D) Intrathecal; (E) Colostomy; (F) A surgically placed feeding tube, such as gastrostomy or jejunostomy; (G) Nasogastric; (H) Intradermal; (I) Urethral; (J) Epidural; (K) Endotracheal; (L) Intramuscular; (M) Subcutaneous; or (N) Nonmetered inhaler.
(1) (A) Except for the prohibited medications and the methods of medication administration specified in subdivision (k)(3), a medication aide, who holds a current, valid medication aide certificate issued under this section, may administer medications to the residents of nursing homes or assisted care living facilities or to the participants of PACE that use medication aides pursuant to this section. A medication aide shall administer medications only pursuant to delegation by a licensed nurse. (B) A delegation of medication administration to a medication aide shall be carried out in accordance with the rules for nursing delegation adopted under this chapter by the board of nursing. (C) A medication aide may only administer medication after: (i) Each resident is evaluated by a licensed nurse on admission and after any change in status, acuity, or medication; and (ii) The licensed nurse makes a determination that it is appropriate for the resident to receive medication by a medication aide.
(A) Except for the prohibited medications and the methods of medication administration specified in subdivision (k)(3), a medication aide, who holds a current, valid medication aide certificate issued under this section, may administer medications to the residents of nursing homes or assisted care living facilities or to the participants of PACE that use medication aides pursuant to this section. A medication aide shall administer medications only pursuant to delegation by a licensed nurse.
(B) A delegation of medication administration to a medication aide shall be carried out in accordance with the rules for nursing delegation adopted under this chapter by the board of nursing.
(C) A medication aide may only administer medication after: (i) Each resident is evaluated by a licensed nurse on admission and after any change in status, acuity, or medication; and (ii) The licensed nurse makes a determination that it is appropriate for the resident to receive medication by a medication aide.
(i) Each resident is evaluated by a licensed nurse on admission and after any change in status, acuity, or medication; and
(ii) The licensed nurse makes a determination that it is appropriate for the resident to receive medication by a medication aide.
(2) In exercising the authority to administer medications pursuant to a nursing delegation, a medication aide may administer medications in any of the following categories: (A) Oral medications; (B) Topical medications; and (C) Any medications set forth in subdivision (k)(2)(A) or (k)(2)(B) prescribed with a designation authorizing or requiring administration on an as-needed basis.
(A) Oral medications;
(B) Topical medications; and
(C) Any medications set forth in subdivision (k)(2)(A) or (k)(2)(B) prescribed with a designation authorizing or requiring administration on an as-needed basis.
(3) A medication aide shall not: (A) Administer medications when administration would require a dosage decision or calculation; (B) Directly receive orders from a physician or other medication prescriber; (C) Administer barium or other contrast media; (D) Administer chemotherapeutic agents; (E) Administer rectal and vaginal medications; (F) Apply topical medications ordered for the treatment of pressure ulcers or skin grafts; or (G) Change a dosage amount to adhere to a change in a physician's order. (H) [Deleted by 2024 amendment.] (I) [Deleted by 2024 amendment.]
(A) Administer medications when administration would require a dosage decision or calculation;
(B) Directly receive orders from a physician or other medication prescriber;
(C) Administer barium or other contrast media;
(D) Administer chemotherapeutic agents;
(E) Administer rectal and vaginal medications;
(F) Apply topical medications ordered for the treatment of pressure ulcers or skin grafts; or
(G) Change a dosage amount to adhere to a change in a physician's order.
(H) [Deleted by 2024 amendment.]
(I) [Deleted by 2024 amendment.]
(4) A medication aide shall not, under any circumstances, administer medications by certain methods or routes, or both, as determined by rule. These methods or routes include, but are not limited to, the following: (A) Injection; (B) Intravenous; (C) Central lines; (D) Intrathecal; (E) Colostomy; (F) A surgically placed feeding tube, such as gastrostomy or jejunostomy; (G) Nasogastric; (H) Intradermal; (I) Urethral; (J) Epidural; (K) Endotracheal; (L) Intramuscular; (M) Subcutaneous; or (N) Nonmetered inhaler.
(A) Injection;
(B) Intravenous;
(C) Central lines;
(D) Intrathecal;
(E) Colostomy;
(F) A surgically placed feeding tube, such as gastrostomy or jejunostomy;
(G) Nasogastric;
(H) Intradermal;
(I) Urethral;
(J) Epidural;
(K) Endotracheal;
(L) Intramuscular;
(M) Subcutaneous; or
(N) Nonmetered inhaler.
(l) (1) The board of nursing shall adopt rules to implement this section. These rules shall take effect no later than January 1, 2017. All rules shall be promulgated in accordance with the Uniform Administrative Procedures Act. (2) The rules adopted to implement this section shall at a minimum establish or specify the following: (A) Fees, in an amount sufficient to cover the costs the board incurs in implementing this section; (B) Procedures for renewal of medication aide certificates; (C) Grounds for discipline of applicants or certificate holders, or both; (D) Standards for approval of peer support programs for the holders of medication aide certificates; and (E) Procedures for approval or denial of medication aide training programs.
(1) The board of nursing shall adopt rules to implement this section. These rules shall take effect no later than January 1, 2017. All rules shall be promulgated in accordance with the Uniform Administrative Procedures Act.
(2) The rules adopted to implement this section shall at a minimum establish or specify the following: (A) Fees, in an amount sufficient to cover the costs the board incurs in implementing this section; (B) Procedures for renewal of medication aide certificates; (C) Grounds for discipline of applicants or certificate holders, or both; (D) Standards for approval of peer support programs for the holders of medication aide certificates; and (E) Procedures for approval or denial of medication aide training programs.
(A) Fees, in an amount sufficient to cover the costs the board incurs in implementing this section;
(B) Procedures for renewal of medication aide certificates;
(C) Grounds for discipline of applicants or certificate holders, or both;
(D) Standards for approval of peer support programs for the holders of medication aide certificates; and
(E) Procedures for approval or denial of medication aide training programs.
(m) A licensed nurse for the purpose of this section shall include a registered nurse, a licensed practical nurse, or either one.
(n) (1) Any nursing home or assisted care living facility licensed pursuant to title 68 or a PACE that uses one (1) or more medication aides to administer medications shall implement as part of its facility policy a plan for the tracking and recording of: (A) Any medication error; and (B) Any incident of opioid or benzodiazepine diversion. (2) The incidents of medication error and diversion of opioids and benzodiazepines shall be made available to duly appointed representatives of the department of health pursuant to § 68-11-210 .
(1) Any nursing home or assisted care living facility licensed pursuant to title 68 or a PACE that uses one (1) or more medication aides to administer medications shall implement as part of its facility policy a plan for the tracking and recording of: (A) Any medication error; and (B) Any incident of opioid or benzodiazepine diversion.
(A) Any medication error; and
(B) Any incident of opioid or benzodiazepine diversion.
(2) The incidents of medication error and diversion of opioids and benzodiazepines shall be made available to duly appointed representatives of the department of health pursuant to § 68-11-210 .
Amended by 2024 Tenn. Acts, ch. 756,s 2, eff. 4/22/2024.
Amended by 2024 Tenn. Acts, ch. 756,s 1, eff. 4/22/2024.
Amended by 2023 Tenn. Acts, ch. 114, s 51, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 1112, s 1, eff. 1/1/2023.
Amended by 2022 Tenn. Acts, ch. 1112, Secs.s 2, s 3 eff. 6/1/2022.
Amended by 2016 Tenn. Acts, ch. 1051, s 1, eff. 1/1/2017.
Amended by 2014 Tenn. Acts, ch. 949,s 7, eff. 7/1/2014.
Acts 2009 , ch. 403, § 2; 2010 , ch. 926, § 1.
Tenn. Code Ann. § 63-16-108 — TN Code / Title 63 / Chapter 16 / Section 63-16-108
Suspension or revocation of license or registration - Discipline - Reissuance of license or registration
Status: in_force

(a) The license and/or registration of any person practicing or offering to practice nursing home administration or the license of a nursing home administrator holding a provisional license may be revoked or suspended, or the licensee be disciplined in accordance with this section upon decision and after due hearing by the board in any of the following cases: (1) Upon proof that the licensee is unfit or incompetent by reasons of negligence, habits or other causes; (2) Upon proof that the licensee has willfully or repeatedly violated this chapter or the rules or regulations promulgated in accordance therewith; or willfully or repeatedly acted in a manner inconsistent with the health and safety of the patients in the home in which the licensee is the administrator; (3) Upon proof that the licensee is guilty of fraud or deceit in the practice of nursing home administration; or (4) Upon proof that the licensee has been convicted of a felony in a court of competent jurisdiction, either within or without this state. (b) The members of the board have jurisdiction to hear all charges brought under this section against persons licensed and registered as nursing home administrators or nursing home administrators holding a provisional license and, upon such hearing, shall determine the charges upon their merits. The board or hearing officer designated as such by the board, acting in an official capacity, has the authority to issue subpoenas, compel the attendance of witnesses, administer oaths and take testimony concerning all matters within the jurisdiction of the board. The board is not bound by the strict rules of evidence in the conduct of its proceedings, but any determinations made shall be founded upon sufficient legal evidence to sustain them. (c) If the board determines that a person is guilty of the charges, the board may direct revocation of the person's license and/or revoke the person's registration, suspend the person from practice or otherwise discipline the licensee. (d) In all disciplinary proceedings of a licensee, the holder shall be given thirty (30) days' written notice of the hearing. The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, apply to all disciplinary proceedings of the board and all regulations promulgated pursuant to this chapter. (e) If the board suspends the licensee, it may also specify conditions to be met by the licensee during the period of suspension in order to entitle the licensee to again qualify for the license. The board may, in its discretion, after hearing, hold the case under advisement and make a recommendation as to the requirements to be met by the licensee in order to avoid suspension, revocation or other disciplinary actions. In such cases the board shall enter an order accordingly and notify the licensee by registered mail. If the licensee complies with such order and proves that fact to the satisfaction of the board, the board may enter an order showing satisfactory compliance in dismissing the case because of such compliance. (f) The board may, in its discretion, certify for licensure and/or registration any person whose license and/or registration has been revoked. Application for the reissuance of a license and/or registration shall not be made prior to one (1) year after revocation, and shall be made in such manner as the board may direct. Any licensee or applicant for a license aggrieved by the action of the board may have such action reviewed pursuant to title 27, chapter 9. (g) An action taken under this section shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 1, part 1 of this title. Amended by 2018 Tenn. Acts, ch. 745, s 33, eff. 7/1/2018. Acts 1970, ch. 565, § 8; 1980, ch. 587, §§ 2, 3; T.C.A., § 63-1608.
(a) The license and/or registration of any person practicing or offering to practice nursing home administration or the license of a nursing home administrator holding a provisional license may be revoked or suspended, or the licensee be disciplined in accordance with this section upon decision and after due hearing by the board in any of the following cases: (1) Upon proof that the licensee is unfit or incompetent by reasons of negligence, habits or other causes; (2) Upon proof that the licensee has willfully or repeatedly violated this chapter or the rules or regulations promulgated in accordance therewith; or willfully or repeatedly acted in a manner inconsistent with the health and safety of the patients in the home in which the licensee is the administrator; (3) Upon proof that the licensee is guilty of fraud or deceit in the practice of nursing home administration; or (4) Upon proof that the licensee has been convicted of a felony in a court of competent jurisdiction, either within or without this state.
(1) Upon proof that the licensee is unfit or incompetent by reasons of negligence, habits or other causes;
(2) Upon proof that the licensee has willfully or repeatedly violated this chapter or the rules or regulations promulgated in accordance therewith; or willfully or repeatedly acted in a manner inconsistent with the health and safety of the patients in the home in which the licensee is the administrator;
(3) Upon proof that the licensee is guilty of fraud or deceit in the practice of nursing home administration; or
(4) Upon proof that the licensee has been convicted of a felony in a court of competent jurisdiction, either within or without this state.
(b) The members of the board have jurisdiction to hear all charges brought under this section against persons licensed and registered as nursing home administrators or nursing home administrators holding a provisional license and, upon such hearing, shall determine the charges upon their merits. The board or hearing officer designated as such by the board, acting in an official capacity, has the authority to issue subpoenas, compel the attendance of witnesses, administer oaths and take testimony concerning all matters within the jurisdiction of the board. The board is not bound by the strict rules of evidence in the conduct of its proceedings, but any determinations made shall be founded upon sufficient legal evidence to sustain them.
(c) If the board determines that a person is guilty of the charges, the board may direct revocation of the person's license and/or revoke the person's registration, suspend the person from practice or otherwise discipline the licensee.
(d) In all disciplinary proceedings of a licensee, the holder shall be given thirty (30) days' written notice of the hearing. The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, apply to all disciplinary proceedings of the board and all regulations promulgated pursuant to this chapter.
(e) If the board suspends the licensee, it may also specify conditions to be met by the licensee during the period of suspension in order to entitle the licensee to again qualify for the license. The board may, in its discretion, after hearing, hold the case under advisement and make a recommendation as to the requirements to be met by the licensee in order to avoid suspension, revocation or other disciplinary actions. In such cases the board shall enter an order accordingly and notify the licensee by registered mail. If the licensee complies with such order and proves that fact to the satisfaction of the board, the board may enter an order showing satisfactory compliance in dismissing the case because of such compliance.
(f) The board may, in its discretion, certify for licensure and/or registration any person whose license and/or registration has been revoked. Application for the reissuance of a license and/or registration shall not be made prior to one (1) year after revocation, and shall be made in such manner as the board may direct. Any licensee or applicant for a license aggrieved by the action of the board may have such action reviewed pursuant to title 27, chapter 9.
(g) An action taken under this section shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 1, part 1 of this title.
Amended by 2018 Tenn. Acts, ch. 745, s 33, eff. 7/1/2018.
Acts 1970, ch. 565, § 8; 1980, ch. 587, §§ 2, 3; T.C.A., § 63-1608.
Tenn. Code Ann. § 63-5-115 — TN Code / Title 63 / Chapter 5 / Section 63-5-115
Employment of and practice by hygienists and assistants
Status: in_force

(a) A duly licensed and registered dentist may employ licensed and registered dental hygienists, registered dental assistants and practical dental assistants. Such licensed and registered dental hygienists may practice as authorized in this section or § 63-5-108 only in the office of and under the direct and/or general supervision of a licensed and registered dentist, in authorized public health programs or at other locations otherwise authorized by this chapter. Such registered and/or practical dental assistants may practice as authorized in this section or § 63-5-108 only in the office of and under the direct supervision of a licensed and registered dentist except in authorized public health programs. No provisions in this chapter shall be construed as authorizing any licensed and registered dental hygienists, registered dental assistants or practical dental assistants to practice as such except as provided in this section. (b) Definitions. (1) Direct Supervision. As used in this chapter regarding supervision of licensed and registered dental hygienists or registered dental assistants, "direct supervision" means the continuous presence of a supervising dentist within the physical confines of the dental office when licensed and registered dental hygienists or registered dental assistants perform lawfully assigned duties and functions; (2) General Supervision. As used in this chapter, "general supervision" is defined as those instances when the dentist is not present in the dental office or treatment facility while procedures are being performed by the dental hygienist, but the dentist has personally diagnosed the condition to be treated, has personally authorized the procedures being performed and will evaluate the performance of the dental hygienist. (c) Licensed and registered dental hygienists and registered dental assistants are specifically permitted to participate unsupervised in educational functions involving organized groups or health care institutions regarding preventive oral health care. Dental hygienists are permitted to participate in health screenings and similar activities; provided, that no remuneration is given by the organized group to any hygienist or the hygienist's employer for participating in these activities. (d) (1) Settings in which licensed and registered hygienists may engage in the provision of preventive dental care under the general supervision of a dentist through written protocol include nursing homes, skilled care facilities, nonprofit clinics and public health programs. Dental hygienists licensed and registered pursuant to this chapter are specifically permitted to render such preventive services as authorized in § 63-5-108 or by regulation of the board, as prescribed by the supervising dentist under a written protocol. Dental hygienists rendering such services shall be under the general supervision of a licensed dentist as specified in a written protocol between the supervising dentist and the hygienist which must be submitted in advance to the board. No dentist may enter into a written protocol with more than three (3) dental hygienists at any one time nor may any hygienist be engaged in a written protocol with more than three (3) dentists at any one time. The supervising dentist must process all patient billings. Each written protocol will be valid for a period of two (2) years at which time it must be renewed through resubmission to the board. Should a dentist cease to be the employer/supervisor of a dental hygienist where a written protocol is in force and on file with the board, the dentist must notify the board within ten (10) working days by certified mail, return receipt requested or electronic mail that the written protocol is no longer in force. (2) Licensed and registered dental hygienists working under written protocol, in addition to those requirements enumerated under the general supervision as authorized by § 63-5-108(c)(5) , must have actively practiced as a licensed dental hygienist for at least five (5) years and have practiced two thousand (2,000) hours in the preceding five (5) years or taught dental hygiene courses for two (2) of the proceeding three (3) years in a dental hygiene program accredited by the American Dental Association's Commission on Dental Accreditation and completed six (6) hours of public health continuing education within the past two (2) years; provided, that, after satisfying the requirement of this subsection (d), in subsequent years the hygienist may work on a part-time basis. (3) Each written protocol, required for off-site practice under general supervision, shall be submitted to the board by certified mail, return receipt requested and shall include at a minimum: (A) The name, address, telephone number and license number of the employer (supervising) dentist; (B) The name, address, telephone number and license number of the dental hygienist; (C) The name, address, telephone number and other pertinent identification from all locations where the dental hygiene services are to be performed; and (D) A statement signed by the dentist that the dentist and the dental hygienist that meets all minimum standards for general supervision as well as those required for practice under a written protocol as stipulated in this section and § 63-5-108 . (4) The board will receive each written protocol submitted and keep those on file which meet the minimum requirements enumerated in subdivision (d)(3). Those received by the board and determined not to be complete shall be returned to the submitting dentist within thirty (30) days of receipt with a request for the additional information required. The dentist may then resubmit an amended written protocol to the board. (e) Teledentistry shall not alter or amend the supervision requirements or procedures authorized for licensed and registered dental hygienists or registered dental assistants. Any licensed and registered dental hygienist who, under the supervision of a dentist, assists the dentist in providing dental health services or care using teledentistry is only authorized to perform those services that the dental hygienist is authorized to perform during an in-person patient encounter under general supervision. Services provided by registered dental hygienists through teledentistry should be provided under written protocol in accordance with subsection (d). Amended by 2016 Tenn. Acts, ch. 918, s 2, eff. 7/1/2016. Acts 1957, ch. 32, § 16; 1978, ch. 824, § 12; T.C.A., § 63-544; Acts 1988, ch. 635, § 17; 1990, ch. 1031, § 19; 1998, ch. 847, §§4, 5; 1999, ch. 405, §3; 2012 , ch. 945, §§ 2, 3.
(a) A duly licensed and registered dentist may employ licensed and registered dental hygienists, registered dental assistants and practical dental assistants. Such licensed and registered dental hygienists may practice as authorized in this section or § 63-5-108 only in the office of and under the direct and/or general supervision of a licensed and registered dentist, in authorized public health programs or at other locations otherwise authorized by this chapter. Such registered and/or practical dental assistants may practice as authorized in this section or § 63-5-108 only in the office of and under the direct supervision of a licensed and registered dentist except in authorized public health programs. No provisions in this chapter shall be construed as authorizing any licensed and registered dental hygienists, registered dental assistants or practical dental assistants to practice as such except as provided in this section.
(b) Definitions. (1) Direct Supervision. As used in this chapter regarding supervision of licensed and registered dental hygienists or registered dental assistants, "direct supervision" means the continuous presence of a supervising dentist within the physical confines of the dental office when licensed and registered dental hygienists or registered dental assistants perform lawfully assigned duties and functions; (2) General Supervision. As used in this chapter, "general supervision" is defined as those instances when the dentist is not present in the dental office or treatment facility while procedures are being performed by the dental hygienist, but the dentist has personally diagnosed the condition to be treated, has personally authorized the procedures being performed and will evaluate the performance of the dental hygienist.
(1) Direct Supervision. As used in this chapter regarding supervision of licensed and registered dental hygienists or registered dental assistants, "direct supervision" means the continuous presence of a supervising dentist within the physical confines of the dental office when licensed and registered dental hygienists or registered dental assistants perform lawfully assigned duties and functions;
(2) General Supervision. As used in this chapter, "general supervision" is defined as those instances when the dentist is not present in the dental office or treatment facility while procedures are being performed by the dental hygienist, but the dentist has personally diagnosed the condition to be treated, has personally authorized the procedures being performed and will evaluate the performance of the dental hygienist.
(c) Licensed and registered dental hygienists and registered dental assistants are specifically permitted to participate unsupervised in educational functions involving organized groups or health care institutions regarding preventive oral health care. Dental hygienists are permitted to participate in health screenings and similar activities; provided, that no remuneration is given by the organized group to any hygienist or the hygienist's employer for participating in these activities.
(d) (1) Settings in which licensed and registered hygienists may engage in the provision of preventive dental care under the general supervision of a dentist through written protocol include nursing homes, skilled care facilities, nonprofit clinics and public health programs. Dental hygienists licensed and registered pursuant to this chapter are specifically permitted to render such preventive services as authorized in § 63-5-108 or by regulation of the board, as prescribed by the supervising dentist under a written protocol. Dental hygienists rendering such services shall be under the general supervision of a licensed dentist as specified in a written protocol between the supervising dentist and the hygienist which must be submitted in advance to the board. No dentist may enter into a written protocol with more than three (3) dental hygienists at any one time nor may any hygienist be engaged in a written protocol with more than three (3) dentists at any one time. The supervising dentist must process all patient billings. Each written protocol will be valid for a period of two (2) years at which time it must be renewed through resubmission to the board. Should a dentist cease to be the employer/supervisor of a dental hygienist where a written protocol is in force and on file with the board, the dentist must notify the board within ten (10) working days by certified mail, return receipt requested or electronic mail that the written protocol is no longer in force. (2) Licensed and registered dental hygienists working under written protocol, in addition to those requirements enumerated under the general supervision as authorized by § 63-5-108(c)(5) , must have actively practiced as a licensed dental hygienist for at least five (5) years and have practiced two thousand (2,000) hours in the preceding five (5) years or taught dental hygiene courses for two (2) of the proceeding three (3) years in a dental hygiene program accredited by the American Dental Association's Commission on Dental Accreditation and completed six (6) hours of public health continuing education within the past two (2) years; provided, that, after satisfying the requirement of this subsection (d), in subsequent years the hygienist may work on a part-time basis. (3) Each written protocol, required for off-site practice under general supervision, shall be submitted to the board by certified mail, return receipt requested and shall include at a minimum: (A) The name, address, telephone number and license number of the employer (supervising) dentist; (B) The name, address, telephone number and license number of the dental hygienist; (C) The name, address, telephone number and other pertinent identification from all locations where the dental hygiene services are to be performed; and (D) A statement signed by the dentist that the dentist and the dental hygienist that meets all minimum standards for general supervision as well as those required for practice under a written protocol as stipulated in this section and § 63-5-108 . (4) The board will receive each written protocol submitted and keep those on file which meet the minimum requirements enumerated in subdivision (d)(3). Those received by the board and determined not to be complete shall be returned to the submitting dentist within thirty (30) days of receipt with a request for the additional information required. The dentist may then resubmit an amended written protocol to the board.
(1) Settings in which licensed and registered hygienists may engage in the provision of preventive dental care under the general supervision of a dentist through written protocol include nursing homes, skilled care facilities, nonprofit clinics and public health programs. Dental hygienists licensed and registered pursuant to this chapter are specifically permitted to render such preventive services as authorized in § 63-5-108 or by regulation of the board, as prescribed by the supervising dentist under a written protocol. Dental hygienists rendering such services shall be under the general supervision of a licensed dentist as specified in a written protocol between the supervising dentist and the hygienist which must be submitted in advance to the board. No dentist may enter into a written protocol with more than three (3) dental hygienists at any one time nor may any hygienist be engaged in a written protocol with more than three (3) dentists at any one time. The supervising dentist must process all patient billings. Each written protocol will be valid for a period of two (2) years at which time it must be renewed through resubmission to the board. Should a dentist cease to be the employer/supervisor of a dental hygienist where a written protocol is in force and on file with the board, the dentist must notify the board within ten (10) working days by certified mail, return receipt requested or electronic mail that the written protocol is no longer in force.
(2) Licensed and registered dental hygienists working under written protocol, in addition to those requirements enumerated under the general supervision as authorized by § 63-5-108(c)(5) , must have actively practiced as a licensed dental hygienist for at least five (5) years and have practiced two thousand (2,000) hours in the preceding five (5) years or taught dental hygiene courses for two (2) of the proceeding three (3) years in a dental hygiene program accredited by the American Dental Association's Commission on Dental Accreditation and completed six (6) hours of public health continuing education within the past two (2) years; provided, that, after satisfying the requirement of this subsection (d), in subsequent years the hygienist may work on a part-time basis.
(3) Each written protocol, required for off-site practice under general supervision, shall be submitted to the board by certified mail, return receipt requested and shall include at a minimum: (A) The name, address, telephone number and license number of the employer (supervising) dentist; (B) The name, address, telephone number and license number of the dental hygienist; (C) The name, address, telephone number and other pertinent identification from all locations where the dental hygiene services are to be performed; and (D) A statement signed by the dentist that the dentist and the dental hygienist that meets all minimum standards for general supervision as well as those required for practice under a written protocol as stipulated in this section and § 63-5-108 .
(A) The name, address, telephone number and license number of the employer (supervising) dentist;
(B) The name, address, telephone number and license number of the dental hygienist;
(C) The name, address, telephone number and other pertinent identification from all locations where the dental hygiene services are to be performed; and
(D) A statement signed by the dentist that the dentist and the dental hygienist that meets all minimum standards for general supervision as well as those required for practice under a written protocol as stipulated in this section and § 63-5-108 .
(4) The board will receive each written protocol submitted and keep those on file which meet the minimum requirements enumerated in subdivision (d)(3). Those received by the board and determined not to be complete shall be returned to the submitting dentist within thirty (30) days of receipt with a request for the additional information required. The dentist may then resubmit an amended written protocol to the board.
(e) Teledentistry shall not alter or amend the supervision requirements or procedures authorized for licensed and registered dental hygienists or registered dental assistants. Any licensed and registered dental hygienist who, under the supervision of a dentist, assists the dentist in providing dental health services or care using teledentistry is only authorized to perform those services that the dental hygienist is authorized to perform during an in-person patient encounter under general supervision. Services provided by registered dental hygienists through teledentistry should be provided under written protocol in accordance with subsection (d).
Amended by 2016 Tenn. Acts, ch. 918, s 2, eff. 7/1/2016.
Acts 1957, ch. 32, § 16; 1978, ch. 824, § 12; T.C.A., § 63-544; Acts 1988, ch. 635, § 17; 1990, ch. 1031, § 19; 1998, ch. 847, §§4, 5; 1999, ch. 405, §3; 2012 , ch. 945, §§ 2, 3.
Tenn. Code Ann. § 63-5-123 — TN Code / Title 63 / Chapter 5 / Section 63-5-123
Administration of COVID-19 vaccine by dentist
Status: in_force

(a) As used in this section, "COVID-19" means an infectious respiratory disease caused by the coronavirus named SARS-CoV-2, or a mutation of that coronavirus. (b) Notwithstanding a law to the contrary, a dentist licensed under this chapter may administer a vaccination against COVID-19 if the dentist has received appropriate training as recommended by the Centers for Disease Control and Prevention. Added by 2021 Tenn. Acts, ch. 465, s 1, eff. 5/18/2021.
(a) As used in this section, "COVID-19" means an infectious respiratory disease caused by the coronavirus named SARS-CoV-2, or a mutation of that coronavirus.
(b) Notwithstanding a law to the contrary, a dentist licensed under this chapter may administer a vaccination against COVID-19 if the dentist has received appropriate training as recommended by the Centers for Disease Control and Prevention.
Added by 2021 Tenn. Acts, ch. 465, s 1, eff. 5/18/2021.
Tenn. Code Ann. § 63-11-211 — TN Code / Title 63 / Chapter 11 / Section 63-11-211
Licensure without examination
Status: in_force

(a) The board may, at its discretion, grant a certificate without an assembled examination to any person residing or employed in the state who has not previously failed the appropriate examination given by the board and who, at the time of application, is licensed or certified by a similar board of another state whose standards, in the opinion of the board, are not lower than those required by this chapter, or who has been practicing psychology in another state and has qualifications not lower than those required by this chapter, and is able to satisfy the board that to grant that person a license would be in the public interest, or who has been certified by the American Board of Examiners in Professional Psychology. (b) Notwithstanding subsection (a), the board shall grant a license without an assembled written or oral examination to any person who at the time of application: (1) Is licensed or certified in good standing with a similar board of another state; (2) Has passed the National Examination for the Practice of Professional Psychology at a level greater than or equal to the level required in this state; (3) Can show reasonable proof that the applicant has available employment in this state by means of letters or other reasonable proof; (4) Received a psychologist license after January 1, 1995, but before June 1, 1995; and (5) The board may permit a psychologist licensed in good standing in another state, who meets standards acceptable to the board, to perform the functions of §§ 63-11-203 and 63-11-208(d)(2)(B) and practice as a psychologist in Tennessee without possessing a current license for a period of time, not to exceed twelve (12) days per year, for such purposes as special training or consultation, special evaluation and/or intervention or serving as an expert witness. Nothing in this section shall be construed to permit the regular, repetitive or ongoing provision of psychological services, the supervision of psychological services or the solicitation or advertisement of services to the general public, all of which are governed by the usual and customary processes of licensure for psychologists. Acts 1953, ch. 169, § 11 (Williams, § 7082.11); modified; T.C.A. (orig. ed.), § 63-1115; Acts 1998, ch. 878, § 1; 1999, ch. 505, § 3; 2000, ch. 646, § 2.
(a) The board may, at its discretion, grant a certificate without an assembled examination to any person residing or employed in the state who has not previously failed the appropriate examination given by the board and who, at the time of application, is licensed or certified by a similar board of another state whose standards, in the opinion of the board, are not lower than those required by this chapter, or who has been practicing psychology in another state and has qualifications not lower than those required by this chapter, and is able to satisfy the board that to grant that person a license would be in the public interest, or who has been certified by the American Board of Examiners in Professional Psychology.
(b) Notwithstanding subsection (a), the board shall grant a license without an assembled written or oral examination to any person who at the time of application: (1) Is licensed or certified in good standing with a similar board of another state; (2) Has passed the National Examination for the Practice of Professional Psychology at a level greater than or equal to the level required in this state; (3) Can show reasonable proof that the applicant has available employment in this state by means of letters or other reasonable proof; (4) Received a psychologist license after January 1, 1995, but before June 1, 1995; and (5) The board may permit a psychologist licensed in good standing in another state, who meets standards acceptable to the board, to perform the functions of §§ 63-11-203 and 63-11-208(d)(2)(B) and practice as a psychologist in Tennessee without possessing a current license for a period of time, not to exceed twelve (12) days per year, for such purposes as special training or consultation, special evaluation and/or intervention or serving as an expert witness. Nothing in this section shall be construed to permit the regular, repetitive or ongoing provision of psychological services, the supervision of psychological services or the solicitation or advertisement of services to the general public, all of which are governed by the usual and customary processes of licensure for psychologists.
(1) Is licensed or certified in good standing with a similar board of another state;
(2) Has passed the National Examination for the Practice of Professional Psychology at a level greater than or equal to the level required in this state;
(3) Can show reasonable proof that the applicant has available employment in this state by means of letters or other reasonable proof;
(4) Received a psychologist license after January 1, 1995, but before June 1, 1995; and
(5) The board may permit a psychologist licensed in good standing in another state, who meets standards acceptable to the board, to perform the functions of §§ 63-11-203 and 63-11-208(d)(2)(B) and practice as a psychologist in Tennessee without possessing a current license for a period of time, not to exceed twelve (12) days per year, for such purposes as special training or consultation, special evaluation and/or intervention or serving as an expert witness. Nothing in this section shall be construed to permit the regular, repetitive or ongoing provision of psychological services, the supervision of psychological services or the solicitation or advertisement of services to the general public, all of which are governed by the usual and customary processes of licensure for psychologists.
Acts 1953, ch. 169, § 11 (Williams, § 7082.11); modified; T.C.A. (orig. ed.), § 63-1115; Acts 1998, ch. 878, § 1; 1999, ch. 505, § 3; 2000, ch. 646, § 2.
Tenn. Code Ann. § 63-11-302 — TN Code / Title 63 / Chapter 11 / Section 63-11-302
Part definitions
Status: in_force

As used in this part: (1) "Board" means the board of examiners in psychology, created by § 63-11-101 ; (2) "Certifying entity" or "BACB" means the nationally accredited behavior analyst certification board or its successor; (3) "Co-employed relationship" means the licensed behavior analyst and licensed assistant behavior analyst are employed by the same employer; (4) "Committee" means the applied behavior analyst licensing committee of the board of examiners in psychology, created by § 63-11-303 ; (5) "Employee-employer relationship" means the licensed behavior analyst is the employer of the licensed assistant behavior analyst. This relationship may include contractual employment or consultant services; (6) "Human services professional" means an individual licensed or certified in this state as a: (A) Physical therapist or physical therapist assistant; (B) Occupational therapist or occupational therapist assistant; (C) Clinical social worker; (D) Masters social worker; (E) Social work associate; (F) Psychologist or health service psychologist; (G) Speech pathologist; (H) Audiologist; (I) Professional counselor or professional counselor candidate; (J) Marital and family therapist or marital and family therapist candidate; (K) Licensed psychological examiner; or (L) Senior licensed psychological examiner; (7) "Licensed assistant behavior analyst" or "LABA" means an individual who is certified as a board certified assistant behavior analyst (BCABA) and is licensed in this state to practice applied behavior analysis under the extended authority and supervision of a licensed behavior analyst; (8) "Licensed behavior analyst" or "LBA" means an individual who is certified as a board certified behavior analyst (BCBA) or board certified behavior analyst-doctoral (BCBA-D) and is licensed in this state to practice applied behavior analysis as an independent practitioner; (9) (A) "Practice of applied behavior analysis" means the design, implementation, and evaluation of environmental modifications by a behavior analyst to produce socially significant improvements in human behavior. It includes the empirical identification of functional relations between behavior and environmental factors, known as functional assessment and analysis; (B) Applied behavior analysis (ABA) interventions are based on scientific research and the direct observation and measurement of behavior and environment. They utilize contextual factors, motivating operations, antecedent stimuli, positive reinforcement, and other procedures to help people develop new behaviors, increase or decrease existing behaviors, and emit behaviors under specific environmental conditions; (C) The practice of applied behavior analysis expressly excludes psychological testing, neuropsychology, psychotherapy, cognitive therapy, sex therapy, psychoanalysis, hypnotherapy, and long-term counseling as treatment modalities; (10) "Real-time supervision" means observation and provision of feedback to a supervisee's delivery of ABA services by an LBA or an LABA who is supervised by an LBA during interactions occurring in person or via technology that permits auditory and visual contact between supervisors and supervisees; (11) "Supervisee" means a person who delivers ABA services under the extended authority and supervision of an LBA or an LABA who is supervised by an LBA; and (12) "Supervision" means the direct observation and provision of feedback to a supervisee by an LBA or an LABA who is supervised by an LBA. Acts 2014 , ch. 918, § 2.
As used in this part:
(1) "Board" means the board of examiners in psychology, created by § 63-11-101 ;
(2) "Certifying entity" or "BACB" means the nationally accredited behavior analyst certification board or its successor;
(3) "Co-employed relationship" means the licensed behavior analyst and licensed assistant behavior analyst are employed by the same employer;
(4) "Committee" means the applied behavior analyst licensing committee of the board of examiners in psychology, created by § 63-11-303 ;
(5) "Employee-employer relationship" means the licensed behavior analyst is the employer of the licensed assistant behavior analyst. This relationship may include contractual employment or consultant services;
(6) "Human services professional" means an individual licensed or certified in this state as a: (A) Physical therapist or physical therapist assistant; (B) Occupational therapist or occupational therapist assistant; (C) Clinical social worker; (D) Masters social worker; (E) Social work associate; (F) Psychologist or health service psychologist; (G) Speech pathologist; (H) Audiologist; (I) Professional counselor or professional counselor candidate; (J) Marital and family therapist or marital and family therapist candidate; (K) Licensed psychological examiner; or (L) Senior licensed psychological examiner;
(A) Physical therapist or physical therapist assistant;
(B) Occupational therapist or occupational therapist assistant;
(C) Clinical social worker;
(D) Masters social worker;
(E) Social work associate;
(F) Psychologist or health service psychologist;
(G) Speech pathologist;
(H) Audiologist;
(I) Professional counselor or professional counselor candidate;
(J) Marital and family therapist or marital and family therapist candidate;
(K) Licensed psychological examiner; or
(L) Senior licensed psychological examiner;
(7) "Licensed assistant behavior analyst" or "LABA" means an individual who is certified as a board certified assistant behavior analyst (BCABA) and is licensed in this state to practice applied behavior analysis under the extended authority and supervision of a licensed behavior analyst;
(8) "Licensed behavior analyst" or "LBA" means an individual who is certified as a board certified behavior analyst (BCBA) or board certified behavior analyst-doctoral (BCBA-D) and is licensed in this state to practice applied behavior analysis as an independent practitioner;
(9) (A) "Practice of applied behavior analysis" means the design, implementation, and evaluation of environmental modifications by a behavior analyst to produce socially significant improvements in human behavior. It includes the empirical identification of functional relations between behavior and environmental factors, known as functional assessment and analysis; (B) Applied behavior analysis (ABA) interventions are based on scientific research and the direct observation and measurement of behavior and environment. They utilize contextual factors, motivating operations, antecedent stimuli, positive reinforcement, and other procedures to help people develop new behaviors, increase or decrease existing behaviors, and emit behaviors under specific environmental conditions; (C) The practice of applied behavior analysis expressly excludes psychological testing, neuropsychology, psychotherapy, cognitive therapy, sex therapy, psychoanalysis, hypnotherapy, and long-term counseling as treatment modalities;
(A) "Practice of applied behavior analysis" means the design, implementation, and evaluation of environmental modifications by a behavior analyst to produce socially significant improvements in human behavior. It includes the empirical identification of functional relations between behavior and environmental factors, known as functional assessment and analysis;
(B) Applied behavior analysis (ABA) interventions are based on scientific research and the direct observation and measurement of behavior and environment. They utilize contextual factors, motivating operations, antecedent stimuli, positive reinforcement, and other procedures to help people develop new behaviors, increase or decrease existing behaviors, and emit behaviors under specific environmental conditions;
(C) The practice of applied behavior analysis expressly excludes psychological testing, neuropsychology, psychotherapy, cognitive therapy, sex therapy, psychoanalysis, hypnotherapy, and long-term counseling as treatment modalities;
(10) "Real-time supervision" means observation and provision of feedback to a supervisee's delivery of ABA services by an LBA or an LABA who is supervised by an LBA during interactions occurring in person or via technology that permits auditory and visual contact between supervisors and supervisees;
(11) "Supervisee" means a person who delivers ABA services under the extended authority and supervision of an LBA or an LABA who is supervised by an LBA; and
(12) "Supervision" means the direct observation and provision of feedback to a supervisee by an LBA or an LABA who is supervised by an LBA.
Acts 2014 , ch. 918, § 2.
Tenn. Code Ann. § 63-4-101 — TN Code / Title 63 / Chapter 4 / Section 63-4-101
Practice of chiropractic - Education and clinical training - Scope of practice
Status: in_force

(a) (1) As used in this chapter, unless the context otherwise requires: (A) "Diagnosis" means: (i) The differential diagnosis of human ailments through examination and evaluation of patients and through diagnostic procedures necessary to clinically correlate a physical examination to a diagnostic impression; (ii) The ordering of X-rays, advanced diagnostic imaging, and other diagnostic procedures; (iii) The performance of X-rays and other non-invasive diagnostic procedures, as well as minimally invasive procedures for which the chiropractic physician has received training by an institution accredited by the Council on Chiropractic Education or its successor and which have been approved by the board of chiropractic examiners after consultation with the board of medical examiners; and (iv) The collection of blood, urine, saliva, and hair for analysis; provided, however, venipuncture shall only be done by a phlebotomist or other person who is properly trained to draw blood; (B) "Differential diagnosis" means the examination of body systems and structures of a patient to determine the source, nature, and extent of a disease or other physical condition for the purpose of establishing an appropriate plan of care for the patient, which may include referral to another provider for care that is outside the scope of practice of a chiropractic physician; (C) "Practice of chiropractic" means the diagnosis and treatment of patients, as defined in subdivisions (a)(1)(B) and (a)(1)(D); and (D) "Treatment" means: (i) The treatment of neuromuscular, musculoskeletal, and related conditions through the use of chiropractic adjustment and manipulation; physical agent modalities; manual, rehabilitative, and other therapeutic care; and mechanical, chemical, electrical, and thermal methods; (ii) The use of acupuncture by a chiropractic physician who has completed two hundred fifty (250) hours of an accredited acupuncture course and has passed the National Board of Chiropractic Examiners Acupuncture Exam; (iii) The location and removal of interference with nerve transmission and nerve function; (iv) The making of appropriate referrals to other healthcare professionals for conditions that are outside the scope of practice of a chiropractic physician; (v) The ordering of durable medical equipment for patients who need such equipment to assist in the restoration of their health under the plan of care for treatment of their neuromuscular, musculoskeletal, and related conditions; and (vi) The provision of supportive care with due regard for nutrition, hygiene, sanitation, and rehabilitation designed to assist in the restoration and maintenance of a patient's health. (2) Nothing in this chapter authorizes a chiropractic physician to engage in the practice of medicine and surgery or osteopathy, as defined in chapters 6 and 9 of this title, or to prescribe legend drugs or controlled substances. (b) As used in this chapter, "chiropractic physician" means a person who is a graduate of a chiropractic college accredited by the Council on Chiropractic Education or its successor, or is a graduate of an international chiropractic college approved by the board of chiropractic examiners, and who has received a license issued by the board of chiropractic examiners. (c) (1) No person licensed under this title may perform a spinal manipulation or spinal adjustment without first having the legal authority to differentially diagnose and having received a minimum of four hundred (400) hours of classroom instruction in spinal manipulation or spinal adjustment and a minimum of eight hundred (800) hours of supervised clinical training at a facility where spinal manipulation or spinal adjustment is a primary method of treatment. "Spinal manipulation" and "spinal adjustment" are interchangeable terms that identify a method of skillful and beneficial treatment where a person uses direct thrust to move a joint of the patient's spine beyond its normal range of motion, but without exceeding the limits of anatomical integrity. A violation of this section is an unlawful practice of chiropractic and is grounds for the offending health care provider's licensing board to suspend, revoke or refuse to renew such provider's license or take other disciplinary action allowed by law. (2) Nothing in this subsection (c) shall in any way apply to the scope of practice of: (A) An osteopathic physician licensed under chapter 9 of this title; or (B) Any person who practices medicine or surgery who is licensed under chapter 6 of this title. Amended by 2017 Tenn. Acts, ch. 455, s 2, eff. 7/1/2017. Amended by 2017 Tenn. Acts, ch. 455, s 1, eff. 7/1/2017. Acts 1923, ch. 9, § 5; Shan. Supp., § 3654a120; Code 1932, §7013; Acts 1941, ch. 29, § 2; C. Supp. 1950, § 7013; Acts 1980, ch. 673, § 1; T.C.A. (orig. ed.), § 63-401; Acts 1999, ch. 323, §1; 2003 , ch. 166, § 1; 2006, ch. 775, § 1.
(a) (1) As used in this chapter, unless the context otherwise requires: (A) "Diagnosis" means: (i) The differential diagnosis of human ailments through examination and evaluation of patients and through diagnostic procedures necessary to clinically correlate a physical examination to a diagnostic impression; (ii) The ordering of X-rays, advanced diagnostic imaging, and other diagnostic procedures; (iii) The performance of X-rays and other non-invasive diagnostic procedures, as well as minimally invasive procedures for which the chiropractic physician has received training by an institution accredited by the Council on Chiropractic Education or its successor and which have been approved by the board of chiropractic examiners after consultation with the board of medical examiners; and (iv) The collection of blood, urine, saliva, and hair for analysis; provided, however, venipuncture shall only be done by a phlebotomist or other person who is properly trained to draw blood; (B) "Differential diagnosis" means the examination of body systems and structures of a patient to determine the source, nature, and extent of a disease or other physical condition for the purpose of establishing an appropriate plan of care for the patient, which may include referral to another provider for care that is outside the scope of practice of a chiropractic physician; (C) "Practice of chiropractic" means the diagnosis and treatment of patients, as defined in subdivisions (a)(1)(B) and (a)(1)(D); and (D) "Treatment" means: (i) The treatment of neuromuscular, musculoskeletal, and related conditions through the use of chiropractic adjustment and manipulation; physical agent modalities; manual, rehabilitative, and other therapeutic care; and mechanical, chemical, electrical, and thermal methods; (ii) The use of acupuncture by a chiropractic physician who has completed two hundred fifty (250) hours of an accredited acupuncture course and has passed the National Board of Chiropractic Examiners Acupuncture Exam; (iii) The location and removal of interference with nerve transmission and nerve function; (iv) The making of appropriate referrals to other healthcare professionals for conditions that are outside the scope of practice of a chiropractic physician; (v) The ordering of durable medical equipment for patients who need such equipment to assist in the restoration of their health under the plan of care for treatment of their neuromuscular, musculoskeletal, and related conditions; and (vi) The provision of supportive care with due regard for nutrition, hygiene, sanitation, and rehabilitation designed to assist in the restoration and maintenance of a patient's health. (2) Nothing in this chapter authorizes a chiropractic physician to engage in the practice of medicine and surgery or osteopathy, as defined in chapters 6 and 9 of this title, or to prescribe legend drugs or controlled substances.
(1) As used in this chapter, unless the context otherwise requires: (A) "Diagnosis" means: (i) The differential diagnosis of human ailments through examination and evaluation of patients and through diagnostic procedures necessary to clinically correlate a physical examination to a diagnostic impression; (ii) The ordering of X-rays, advanced diagnostic imaging, and other diagnostic procedures; (iii) The performance of X-rays and other non-invasive diagnostic procedures, as well as minimally invasive procedures for which the chiropractic physician has received training by an institution accredited by the Council on Chiropractic Education or its successor and which have been approved by the board of chiropractic examiners after consultation with the board of medical examiners; and (iv) The collection of blood, urine, saliva, and hair for analysis; provided, however, venipuncture shall only be done by a phlebotomist or other person who is properly trained to draw blood; (B) "Differential diagnosis" means the examination of body systems and structures of a patient to determine the source, nature, and extent of a disease or other physical condition for the purpose of establishing an appropriate plan of care for the patient, which may include referral to another provider for care that is outside the scope of practice of a chiropractic physician; (C) "Practice of chiropractic" means the diagnosis and treatment of patients, as defined in subdivisions (a)(1)(B) and (a)(1)(D); and (D) "Treatment" means: (i) The treatment of neuromuscular, musculoskeletal, and related conditions through the use of chiropractic adjustment and manipulation; physical agent modalities; manual, rehabilitative, and other therapeutic care; and mechanical, chemical, electrical, and thermal methods; (ii) The use of acupuncture by a chiropractic physician who has completed two hundred fifty (250) hours of an accredited acupuncture course and has passed the National Board of Chiropractic Examiners Acupuncture Exam; (iii) The location and removal of interference with nerve transmission and nerve function; (iv) The making of appropriate referrals to other healthcare professionals for conditions that are outside the scope of practice of a chiropractic physician; (v) The ordering of durable medical equipment for patients who need such equipment to assist in the restoration of their health under the plan of care for treatment of their neuromuscular, musculoskeletal, and related conditions; and (vi) The provision of supportive care with due regard for nutrition, hygiene, sanitation, and rehabilitation designed to assist in the restoration and maintenance of a patient's health.
(A) "Diagnosis" means: (i) The differential diagnosis of human ailments through examination and evaluation of patients and through diagnostic procedures necessary to clinically correlate a physical examination to a diagnostic impression; (ii) The ordering of X-rays, advanced diagnostic imaging, and other diagnostic procedures; (iii) The performance of X-rays and other non-invasive diagnostic procedures, as well as minimally invasive procedures for which the chiropractic physician has received training by an institution accredited by the Council on Chiropractic Education or its successor and which have been approved by the board of chiropractic examiners after consultation with the board of medical examiners; and (iv) The collection of blood, urine, saliva, and hair for analysis; provided, however, venipuncture shall only be done by a phlebotomist or other person who is properly trained to draw blood;
(i) The differential diagnosis of human ailments through examination and evaluation of patients and through diagnostic procedures necessary to clinically correlate a physical examination to a diagnostic impression;
(ii) The ordering of X-rays, advanced diagnostic imaging, and other diagnostic procedures;
(iii) The performance of X-rays and other non-invasive diagnostic procedures, as well as minimally invasive procedures for which the chiropractic physician has received training by an institution accredited by the Council on Chiropractic Education or its successor and which have been approved by the board of chiropractic examiners after consultation with the board of medical examiners; and
(iv) The collection of blood, urine, saliva, and hair for analysis; provided, however, venipuncture shall only be done by a phlebotomist or other person who is properly trained to draw blood;
(B) "Differential diagnosis" means the examination of body systems and structures of a patient to determine the source, nature, and extent of a disease or other physical condition for the purpose of establishing an appropriate plan of care for the patient, which may include referral to another provider for care that is outside the scope of practice of a chiropractic physician;
(C) "Practice of chiropractic" means the diagnosis and treatment of patients, as defined in subdivisions (a)(1)(B) and (a)(1)(D); and
(D) "Treatment" means: (i) The treatment of neuromuscular, musculoskeletal, and related conditions through the use of chiropractic adjustment and manipulation; physical agent modalities; manual, rehabilitative, and other therapeutic care; and mechanical, chemical, electrical, and thermal methods; (ii) The use of acupuncture by a chiropractic physician who has completed two hundred fifty (250) hours of an accredited acupuncture course and has passed the National Board of Chiropractic Examiners Acupuncture Exam; (iii) The location and removal of interference with nerve transmission and nerve function; (iv) The making of appropriate referrals to other healthcare professionals for conditions that are outside the scope of practice of a chiropractic physician; (v) The ordering of durable medical equipment for patients who need such equipment to assist in the restoration of their health under the plan of care for treatment of their neuromuscular, musculoskeletal, and related conditions; and (vi) The provision of supportive care with due regard for nutrition, hygiene, sanitation, and rehabilitation designed to assist in the restoration and maintenance of a patient's health.
(i) The treatment of neuromuscular, musculoskeletal, and related conditions through the use of chiropractic adjustment and manipulation; physical agent modalities; manual, rehabilitative, and other therapeutic care; and mechanical, chemical, electrical, and thermal methods;
(ii) The use of acupuncture by a chiropractic physician who has completed two hundred fifty (250) hours of an accredited acupuncture course and has passed the National Board of Chiropractic Examiners Acupuncture Exam;
(iii) The location and removal of interference with nerve transmission and nerve function;
(iv) The making of appropriate referrals to other healthcare professionals for conditions that are outside the scope of practice of a chiropractic physician;
(v) The ordering of durable medical equipment for patients who need such equipment to assist in the restoration of their health under the plan of care for treatment of their neuromuscular, musculoskeletal, and related conditions; and
(vi) The provision of supportive care with due regard for nutrition, hygiene, sanitation, and rehabilitation designed to assist in the restoration and maintenance of a patient's health.
(2) Nothing in this chapter authorizes a chiropractic physician to engage in the practice of medicine and surgery or osteopathy, as defined in chapters 6 and 9 of this title, or to prescribe legend drugs or controlled substances.
(b) As used in this chapter, "chiropractic physician" means a person who is a graduate of a chiropractic college accredited by the Council on Chiropractic Education or its successor, or is a graduate of an international chiropractic college approved by the board of chiropractic examiners, and who has received a license issued by the board of chiropractic examiners.
(c) (1) No person licensed under this title may perform a spinal manipulation or spinal adjustment without first having the legal authority to differentially diagnose and having received a minimum of four hundred (400) hours of classroom instruction in spinal manipulation or spinal adjustment and a minimum of eight hundred (800) hours of supervised clinical training at a facility where spinal manipulation or spinal adjustment is a primary method of treatment. "Spinal manipulation" and "spinal adjustment" are interchangeable terms that identify a method of skillful and beneficial treatment where a person uses direct thrust to move a joint of the patient's spine beyond its normal range of motion, but without exceeding the limits of anatomical integrity. A violation of this section is an unlawful practice of chiropractic and is grounds for the offending health care provider's licensing board to suspend, revoke or refuse to renew such provider's license or take other disciplinary action allowed by law. (2) Nothing in this subsection (c) shall in any way apply to the scope of practice of: (A) An osteopathic physician licensed under chapter 9 of this title; or (B) Any person who practices medicine or surgery who is licensed under chapter 6 of this title.
(1) No person licensed under this title may perform a spinal manipulation or spinal adjustment without first having the legal authority to differentially diagnose and having received a minimum of four hundred (400) hours of classroom instruction in spinal manipulation or spinal adjustment and a minimum of eight hundred (800) hours of supervised clinical training at a facility where spinal manipulation or spinal adjustment is a primary method of treatment. "Spinal manipulation" and "spinal adjustment" are interchangeable terms that identify a method of skillful and beneficial treatment where a person uses direct thrust to move a joint of the patient's spine beyond its normal range of motion, but without exceeding the limits of anatomical integrity. A violation of this section is an unlawful practice of chiropractic and is grounds for the offending health care provider's licensing board to suspend, revoke or refuse to renew such provider's license or take other disciplinary action allowed by law.
(2) Nothing in this subsection (c) shall in any way apply to the scope of practice of: (A) An osteopathic physician licensed under chapter 9 of this title; or (B) Any person who practices medicine or surgery who is licensed under chapter 6 of this title.
(A) An osteopathic physician licensed under chapter 9 of this title; or
(B) Any person who practices medicine or surgery who is licensed under chapter 6 of this title.
Amended by 2017 Tenn. Acts, ch. 455, s 2, eff. 7/1/2017.
Amended by 2017 Tenn. Acts, ch. 455, s 1, eff. 7/1/2017.
Acts 1923, ch. 9, § 5; Shan. Supp., § 3654a120; Code 1932, §7013; Acts 1941, ch. 29, § 2; C. Supp. 1950, § 7013; Acts 1980, ch. 673, § 1; T.C.A. (orig. ed.), § 63-401; Acts 1999, ch. 323, §1; 2003 , ch. 166, § 1; 2006, ch. 775, § 1.
Tenn. Code Ann. § 63-11-208 — TN Code / Title 63 / Chapter 11 / Section 63-11-208
Qualifications and application to practice as psychologist - Specialty certification
Status: in_force

(a) Any person wishing to obtain the right to practice as a psychologist in this state, who has not heretofore been licensed to do so, shall, before it is lawful for such person to practice psychology in this state, make application to the board through the chair upon such form and in such manner as shall be adopted and prescribed by the board. (b) Unless such a person has obtained a license as prescribed in subsection (a), it is unlawful for such person to practice; and if such person practices psychology without first having obtained such a license, such person has violated this chapter. (c) A candidate for such license shall furnish the board with satisfactory evidence that such candidate: (1) Is of good moral character; (2) Is a citizen or legal resident of the United States; (3) Has received a doctorate in psychology from an accredited educational institution recognized by the board as maintaining satisfactory standards. After December 31, 1995, all such doctoral programs must be approved by the American Psychological Association, listed by the American Association of State Psychology Boards, or such equivalent standards as are determined by the board; (4) Is competent in psychology, as shown by passing such examinations, written or oral, or both, as the board deems necessary; (5) Is not considered by the board to be engaged in unethical practice; (6) Has not within the preceding six (6) months failed an examination given by the board; and (7) The board may, at its discretion, consider equivalent training and experience when presented by qualified applicants with a doctoral degree in psychology whose credentials differ slightly than those prescribed in subdivisions (c)(3) and (d)(1)(A). In such cases, the applicant must petition the board for a waiver and specifically request the board utilize its discretionary authority. (d) Any licensed psychologist who provides or offers health services to the public must be designated by the board as a health service provider. In addition to the requirements for licensure as a psychologist prescribed in subsection (c), an applicant for designation as a health service provider must demonstrate to the board that such applicant: (1) (A) Has had at least a one-year internship at a site where health services are normally provided and that is part of an organized integrated training program. After December 30, 1995, all such internships must be approved by the American Psychological Association (APA) or listed by the Association of Psychological Post-Doctoral and Internship Centers (APPIC), or such equivalent standards as are determined by the board; (B) Until December 31, 1999, internships listed in the Directory of Internships for Doctoral Students in School Psychology, published by the Joint Committee on Internships for the Council of Directors of School Psychology Programs, Division 16 of the American Psychological Association and the National Association of School Psychologists, shall be considered to satisfy the internship approval requirement of this subsection (d); and (2) (A) Has successfully completed at least one (1) year postdoctoral experience delivering health services, supervised by a licensed psychologist designated by the board as a health service provider. If the year of postdoctoral training was not in the state of Tennessee, equivalent supervision must be documented to the satisfaction of the board; (B) For purposes of this chapter, "health service," in any variation, means the delivery of direct, preventive, assessment and therapeutic intervention services to individuals whose growth, adjustment or functioning is actually impaired or may be at risk of impairment. (e) Notwithstanding subsection (d), the board may designate as a health service provider, with practice restriction to recipients in an intellectual disabilities facility under the department of disability and aging, a person who meets all of the following criteria: (1) The person holds a doctorate in psychology from a regionally accredited institution; (2) The person is currently licensed as a psychologist in at least one (1) state; (3) The person has academic training in intellectual disability and postdoctoral clinical experience in the field of intellectual disability of at least five (5) years' duration; (4) The department submits to the board a description of the applicant's proposed functioning at the intellectual disability facility; (5) The department certifies that the applicant has training and experience adequate to perform the applicant's proposed functioning within the department, that the department is unable to recruit otherwise qualified psychologists to provide psychological services and that this inability threatens the integrity of the department's services and the ability of the department to meet the needs of its clients; and (6) Any psychologist granted designation as a health service provider by the board under this subsection (e) shall surrender this designation upon termination of such person's employment with the department, which designation shall, thereafter, be null and void. (f) (1) Notwithstanding subsection (d), the board may designate as a health service provider, a person who has held a valid license or certificate in another state to practice psychology for at least ten (10) years within the last fifteen (15) years preceding the date of application and whose previous license or certification: (A) Required training that is generally equivalent to the following licensing standards in this chapter: (i) A doctoral degree in psychology; (ii) One (1) year of internship in an organized integrated training program at a site delivering health services; and (iii) One (1) year of postdoctoral training delivering health services; (B) Has never been the subject of disciplinary action; and (C) Allowed the licensee to engage in practice as a health service provider in psychology in the other state. (2) In order to effectuate the purposes of subdivision (f)(1), the board is authorized to promulgate emergency rules pursuant to § 4-5-208(a)(5) . The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Amended by 2024 Tenn. Acts, ch. 688,s 148, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 173, s 2, eff. 1/1/2024. Amended by 2023 Tenn. Acts, ch. 173, s 1, eff. 1/1/2024. Acts 1953, ch. 169, § 8 (Williams, § 7082.8); T.C.A. (orig. ed.), § 63-1112; Acts 1984, ch. 937, § 45; 1990, ch. 928, §§ 1, 2; 1991, ch. 18, §§ 1, 2; 1992, ch. 991, § 2; 1996, ch. 973, §§ 1, 2; 2000, ch. 947, § 6; 2010 , ch. 1100, § 101; 2011 , ch. 158, § 33.
(a) Any person wishing to obtain the right to practice as a psychologist in this state, who has not heretofore been licensed to do so, shall, before it is lawful for such person to practice psychology in this state, make application to the board through the chair upon such form and in such manner as shall be adopted and prescribed by the board.
(b) Unless such a person has obtained a license as prescribed in subsection (a), it is unlawful for such person to practice; and if such person practices psychology without first having obtained such a license, such person has violated this chapter.
(c) A candidate for such license shall furnish the board with satisfactory evidence that such candidate: (1) Is of good moral character; (2) Is a citizen or legal resident of the United States; (3) Has received a doctorate in psychology from an accredited educational institution recognized by the board as maintaining satisfactory standards. After December 31, 1995, all such doctoral programs must be approved by the American Psychological Association, listed by the American Association of State Psychology Boards, or such equivalent standards as are determined by the board; (4) Is competent in psychology, as shown by passing such examinations, written or oral, or both, as the board deems necessary; (5) Is not considered by the board to be engaged in unethical practice; (6) Has not within the preceding six (6) months failed an examination given by the board; and (7) The board may, at its discretion, consider equivalent training and experience when presented by qualified applicants with a doctoral degree in psychology whose credentials differ slightly than those prescribed in subdivisions (c)(3) and (d)(1)(A). In such cases, the applicant must petition the board for a waiver and specifically request the board utilize its discretionary authority.
(1) Is of good moral character;
(2) Is a citizen or legal resident of the United States;
(3) Has received a doctorate in psychology from an accredited educational institution recognized by the board as maintaining satisfactory standards. After December 31, 1995, all such doctoral programs must be approved by the American Psychological Association, listed by the American Association of State Psychology Boards, or such equivalent standards as are determined by the board;
(4) Is competent in psychology, as shown by passing such examinations, written or oral, or both, as the board deems necessary;
(5) Is not considered by the board to be engaged in unethical practice;
(6) Has not within the preceding six (6) months failed an examination given by the board; and
(7) The board may, at its discretion, consider equivalent training and experience when presented by qualified applicants with a doctoral degree in psychology whose credentials differ slightly than those prescribed in subdivisions (c)(3) and (d)(1)(A). In such cases, the applicant must petition the board for a waiver and specifically request the board utilize its discretionary authority.
(d) Any licensed psychologist who provides or offers health services to the public must be designated by the board as a health service provider. In addition to the requirements for licensure as a psychologist prescribed in subsection (c), an applicant for designation as a health service provider must demonstrate to the board that such applicant: (1) (A) Has had at least a one-year internship at a site where health services are normally provided and that is part of an organized integrated training program. After December 30, 1995, all such internships must be approved by the American Psychological Association (APA) or listed by the Association of Psychological Post-Doctoral and Internship Centers (APPIC), or such equivalent standards as are determined by the board; (B) Until December 31, 1999, internships listed in the Directory of Internships for Doctoral Students in School Psychology, published by the Joint Committee on Internships for the Council of Directors of School Psychology Programs, Division 16 of the American Psychological Association and the National Association of School Psychologists, shall be considered to satisfy the internship approval requirement of this subsection (d); and (2) (A) Has successfully completed at least one (1) year postdoctoral experience delivering health services, supervised by a licensed psychologist designated by the board as a health service provider. If the year of postdoctoral training was not in the state of Tennessee, equivalent supervision must be documented to the satisfaction of the board; (B) For purposes of this chapter, "health service," in any variation, means the delivery of direct, preventive, assessment and therapeutic intervention services to individuals whose growth, adjustment or functioning is actually impaired or may be at risk of impairment.
(1) (A) Has had at least a one-year internship at a site where health services are normally provided and that is part of an organized integrated training program. After December 30, 1995, all such internships must be approved by the American Psychological Association (APA) or listed by the Association of Psychological Post-Doctoral and Internship Centers (APPIC), or such equivalent standards as are determined by the board; (B) Until December 31, 1999, internships listed in the Directory of Internships for Doctoral Students in School Psychology, published by the Joint Committee on Internships for the Council of Directors of School Psychology Programs, Division 16 of the American Psychological Association and the National Association of School Psychologists, shall be considered to satisfy the internship approval requirement of this subsection (d); and
(A) Has had at least a one-year internship at a site where health services are normally provided and that is part of an organized integrated training program. After December 30, 1995, all such internships must be approved by the American Psychological Association (APA) or listed by the Association of Psychological Post-Doctoral and Internship Centers (APPIC), or such equivalent standards as are determined by the board;
(B) Until December 31, 1999, internships listed in the Directory of Internships for Doctoral Students in School Psychology, published by the Joint Committee on Internships for the Council of Directors of School Psychology Programs, Division 16 of the American Psychological Association and the National Association of School Psychologists, shall be considered to satisfy the internship approval requirement of this subsection (d); and
(2) (A) Has successfully completed at least one (1) year postdoctoral experience delivering health services, supervised by a licensed psychologist designated by the board as a health service provider. If the year of postdoctoral training was not in the state of Tennessee, equivalent supervision must be documented to the satisfaction of the board; (B) For purposes of this chapter, "health service," in any variation, means the delivery of direct, preventive, assessment and therapeutic intervention services to individuals whose growth, adjustment or functioning is actually impaired or may be at risk of impairment.
(A) Has successfully completed at least one (1) year postdoctoral experience delivering health services, supervised by a licensed psychologist designated by the board as a health service provider. If the year of postdoctoral training was not in the state of Tennessee, equivalent supervision must be documented to the satisfaction of the board;
(B) For purposes of this chapter, "health service," in any variation, means the delivery of direct, preventive, assessment and therapeutic intervention services to individuals whose growth, adjustment or functioning is actually impaired or may be at risk of impairment.
(e) Notwithstanding subsection (d), the board may designate as a health service provider, with practice restriction to recipients in an intellectual disabilities facility under the department of disability and aging, a person who meets all of the following criteria: (1) The person holds a doctorate in psychology from a regionally accredited institution; (2) The person is currently licensed as a psychologist in at least one (1) state; (3) The person has academic training in intellectual disability and postdoctoral clinical experience in the field of intellectual disability of at least five (5) years' duration; (4) The department submits to the board a description of the applicant's proposed functioning at the intellectual disability facility; (5) The department certifies that the applicant has training and experience adequate to perform the applicant's proposed functioning within the department, that the department is unable to recruit otherwise qualified psychologists to provide psychological services and that this inability threatens the integrity of the department's services and the ability of the department to meet the needs of its clients; and (6) Any psychologist granted designation as a health service provider by the board under this subsection (e) shall surrender this designation upon termination of such person's employment with the department, which designation shall, thereafter, be null and void.
(1) The person holds a doctorate in psychology from a regionally accredited institution;
(2) The person is currently licensed as a psychologist in at least one (1) state;
(3) The person has academic training in intellectual disability and postdoctoral clinical experience in the field of intellectual disability of at least five (5) years' duration;
(4) The department submits to the board a description of the applicant's proposed functioning at the intellectual disability facility;
(5) The department certifies that the applicant has training and experience adequate to perform the applicant's proposed functioning within the department, that the department is unable to recruit otherwise qualified psychologists to provide psychological services and that this inability threatens the integrity of the department's services and the ability of the department to meet the needs of its clients; and
(6) Any psychologist granted designation as a health service provider by the board under this subsection (e) shall surrender this designation upon termination of such person's employment with the department, which designation shall, thereafter, be null and void.
(f) (1) Notwithstanding subsection (d), the board may designate as a health service provider, a person who has held a valid license or certificate in another state to practice psychology for at least ten (10) years within the last fifteen (15) years preceding the date of application and whose previous license or certification: (A) Required training that is generally equivalent to the following licensing standards in this chapter: (i) A doctoral degree in psychology; (ii) One (1) year of internship in an organized integrated training program at a site delivering health services; and (iii) One (1) year of postdoctoral training delivering health services; (B) Has never been the subject of disciplinary action; and (C) Allowed the licensee to engage in practice as a health service provider in psychology in the other state. (2) In order to effectuate the purposes of subdivision (f)(1), the board is authorized to promulgate emergency rules pursuant to § 4-5-208(a)(5) . The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(1) Notwithstanding subsection (d), the board may designate as a health service provider, a person who has held a valid license or certificate in another state to practice psychology for at least ten (10) years within the last fifteen (15) years preceding the date of application and whose previous license or certification: (A) Required training that is generally equivalent to the following licensing standards in this chapter: (i) A doctoral degree in psychology; (ii) One (1) year of internship in an organized integrated training program at a site delivering health services; and (iii) One (1) year of postdoctoral training delivering health services; (B) Has never been the subject of disciplinary action; and (C) Allowed the licensee to engage in practice as a health service provider in psychology in the other state.
(A) Required training that is generally equivalent to the following licensing standards in this chapter: (i) A doctoral degree in psychology; (ii) One (1) year of internship in an organized integrated training program at a site delivering health services; and (iii) One (1) year of postdoctoral training delivering health services;
(i) A doctoral degree in psychology;
(ii) One (1) year of internship in an organized integrated training program at a site delivering health services; and
(iii) One (1) year of postdoctoral training delivering health services;
(B) Has never been the subject of disciplinary action; and
(C) Allowed the licensee to engage in practice as a health service provider in psychology in the other state.
(2) In order to effectuate the purposes of subdivision (f)(1), the board is authorized to promulgate emergency rules pursuant to § 4-5-208(a)(5) . The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Amended by 2024 Tenn. Acts, ch. 688,s 148, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 173, s 2, eff. 1/1/2024.
Amended by 2023 Tenn. Acts, ch. 173, s 1, eff. 1/1/2024.
Acts 1953, ch. 169, § 8 (Williams, § 7082.8); T.C.A. (orig. ed.), § 63-1112; Acts 1984, ch. 937, § 45; 1990, ch. 928, §§ 1, 2; 1991, ch. 18, §§ 1, 2; 1992, ch. 991, § 2; 1996, ch. 973, §§ 1, 2; 2000, ch. 947, § 6; 2010 , ch. 1100, § 101; 2011 , ch. 158, § 33.
Tenn. Code Ann. § 63-13-312 — TN Code / Title 63 / Chapter 13 / Section 63-13-312
Denial, suspension or revocation of licenses
Status: in_force

(a) The board has the power, and it shall be its duty, to deny, suspend or revoke the license of, or to otherwise lawfully discipline, a licensee who is guilty of violating any of this part or is guilty of the following acts or offenses: (1) Practicing physical therapy in violation of this chapter or any rule or written order adopted by the board; (2) Practicing or offering to practice beyond the scope of physical therapy practice as defined in this chapter; (3) Making false or misleading statements or representations, being guilty of fraud or deceit in obtaining admission to practice or being guilty of fraud or deceit in the licensee's practice; (4) Engaging in the performance of substandard care by a physical therapist due to ignorance, incompetence or a deliberate or negligent act or failure to act, regardless of whether actual injury to the patient is established; (5) Engaging in the performance of substandard care by a physical therapist assistant, which includes exceeding the authority to perform the task selected and delegated by the supervising physical therapist, regardless of whether actual injury to the patient is established; (6) Inadequately supervising or delegating duties that exceed the scope of practice for assistive personnel in accordance with this chapter and rules adopted by the board; (7) Conviction of a felony or any offense involving moral turpitude in the courts of this state or any other state, territory or country. "Conviction," as used in this subdivision (a)(7), includes a finding or verdict of guilt or a plea of nolo contendere; (8) Practicing as a physical therapist or working as a physical therapist assistant when physical or mental abilities are impaired by the use of controlled substances, controlled substance analogues, other habit-forming drugs, chemicals or alcohol; (9) Disciplinary action against a person licensed to practice as a physical therapist or physical therapist assistant by another state or territory of the United States for any acts or omissions that would constitute grounds for discipline of a person licensed in this state. A certified copy of the initial or final order or other equivalent document shall constitute prima facie evidence of a violation of this section and be sufficient grounds upon which to deny, restrict or condition licensure or renewal and/or discipline a person licensed in this state; (10) Engaging in sexual misconduct. "Sexual misconduct," for the purpose of this section, includes: (A) Engaging in or soliciting sexual relationships, whether consensual or nonconsensual, while a physical therapist or physical therapist assistant/patient relationship exists; (B) Making sexual advances, requesting sexual favors and engaging in other verbal conduct or physical conduct or physical contact of a sexual nature with patients; and (C) Intentionally viewing a completely or partially disrobed patient in the course of treatment, if the viewing is not related to patient diagnosis or treatment under current practice standards; (11) Directly or indirectly requesting, receiving or participating in the dividing, transferring, assigning, rebating or refunding of an unearned fee or profiting by means of a credit or other valuable consideration, such as an unearned commission, discount or gratuity in connection with the furnishing of physical therapy services. Nothing in this subdivision (a)(11) prohibits the members of any regularly and properly organized business entity recognized by law and comprised of physical therapists from dividing fees received for professional services among themselves as they determine necessary to defray their joint operating expenses. Physical therapists employed by or contracting with a physician, physician group, as defined in accordance with the federal Physician Self-Referral Law ( 42 U.S.C. § 1395nn ), or entity primarily owned by physicians and receiving wages or other compensation and/or benefits pursuant to the employment or contract shall not be deemed to be in violation of any provision under this chapter solely by virtue of the employment or contract and shall not be subject to licensure denial, suspension, revocation or any other disciplinary action or other penalty described under this chapter solely by virtue of the employment or contract. This subdivision (a)(11) shall not be interpreted in such a way as to create a prohibition on the corporate practice of any health care professional where no such prohibition previously existed; (12) Failing to adhere to standards of ethics of the physical therapy profession; (13) Charging unreasonable or fraudulent fees for services performed or not performed; (14) Making misleading, deceptive, untrue or fraudulent representations in violation of this chapter, or otherwise, in practice of the profession; (15) Being under a current judgment of mental incompetency rendered by a court of competent jurisdiction; (16) Aiding or abetting a person not licensed in this state who directly or indirectly performs activities requiring a license; (17) Failing to report to the board any act or omission of a licensee, applicant or any other person which violates this chapter; (18) Interfering with, or refusing to cooperate in, an investigation or disciplinary proceeding, including willful misrepresentation of facts or by the use of threats or harassment against any patient or witness to prevent the patient or witness from providing evidence in a disciplinary proceeding or any legal action; (19) Failing to maintain patient confidentiality without prior written consent or unless otherwise required by law; (20) Failing to maintain adequate patient records that contain a minimum of an evaluation of objective finding, a physical therapy treatment diagnosis, the plan of care including desired outcomes, the treatment record, a discharge plan including results of intervention and sufficient information to identify the patient; (21) Promoting unnecessary devices, treatment intervention or service for the financial gain of the practitioner or of a third party; (22) Providing treatment intervention unwarranted by the condition of the patient, nor shall the licensee continue treatment beyond the point of reasonable benefit; (23) A violation or attempted violation, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any provisions of this chapter or any lawful order of the board issued pursuant thereto or any criminal statute of this state; (24) Division of fees or agreeing to split fees or divide fees received for professional services with any person for bringing or referring a patient outside the scope of § 63-13-315 ; (25) Payment or acceptance of commissions, in any form or manner, on fees for professional services, references, consultations, pathological reports, prescriptions or on other services or articles supplied to patients; (26) Acting in a manner inconsistent with generally accepted standards of physical therapy practice; or (27) Practicing physical therapy with a mental or physical condition that impairs the ability of the licensee to practice with skill and safety. (b) An action taken under this section shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 1, part 1 of this title. Amended by 2020 Tenn. Acts, ch. 790, s 14, eff. 7/15/2020. Amended by 2018 Tenn. Acts, ch. 745, s 31, eff. 7/1/2018. Acts 1999, ch. 528, § 23; 2006, ch. 875, § 3; 2007 , ch. 115, § 10; 2012 , ch. 848, § 78.
(a) The board has the power, and it shall be its duty, to deny, suspend or revoke the license of, or to otherwise lawfully discipline, a licensee who is guilty of violating any of this part or is guilty of the following acts or offenses: (1) Practicing physical therapy in violation of this chapter or any rule or written order adopted by the board; (2) Practicing or offering to practice beyond the scope of physical therapy practice as defined in this chapter; (3) Making false or misleading statements or representations, being guilty of fraud or deceit in obtaining admission to practice or being guilty of fraud or deceit in the licensee's practice; (4) Engaging in the performance of substandard care by a physical therapist due to ignorance, incompetence or a deliberate or negligent act or failure to act, regardless of whether actual injury to the patient is established; (5) Engaging in the performance of substandard care by a physical therapist assistant, which includes exceeding the authority to perform the task selected and delegated by the supervising physical therapist, regardless of whether actual injury to the patient is established; (6) Inadequately supervising or delegating duties that exceed the scope of practice for assistive personnel in accordance with this chapter and rules adopted by the board; (7) Conviction of a felony or any offense involving moral turpitude in the courts of this state or any other state, territory or country. "Conviction," as used in this subdivision (a)(7), includes a finding or verdict of guilt or a plea of nolo contendere; (8) Practicing as a physical therapist or working as a physical therapist assistant when physical or mental abilities are impaired by the use of controlled substances, controlled substance analogues, other habit-forming drugs, chemicals or alcohol; (9) Disciplinary action against a person licensed to practice as a physical therapist or physical therapist assistant by another state or territory of the United States for any acts or omissions that would constitute grounds for discipline of a person licensed in this state. A certified copy of the initial or final order or other equivalent document shall constitute prima facie evidence of a violation of this section and be sufficient grounds upon which to deny, restrict or condition licensure or renewal and/or discipline a person licensed in this state; (10) Engaging in sexual misconduct. "Sexual misconduct," for the purpose of this section, includes: (A) Engaging in or soliciting sexual relationships, whether consensual or nonconsensual, while a physical therapist or physical therapist assistant/patient relationship exists; (B) Making sexual advances, requesting sexual favors and engaging in other verbal conduct or physical conduct or physical contact of a sexual nature with patients; and (C) Intentionally viewing a completely or partially disrobed patient in the course of treatment, if the viewing is not related to patient diagnosis or treatment under current practice standards; (11) Directly or indirectly requesting, receiving or participating in the dividing, transferring, assigning, rebating or refunding of an unearned fee or profiting by means of a credit or other valuable consideration, such as an unearned commission, discount or gratuity in connection with the furnishing of physical therapy services. Nothing in this subdivision (a)(11) prohibits the members of any regularly and properly organized business entity recognized by law and comprised of physical therapists from dividing fees received for professional services among themselves as they determine necessary to defray their joint operating expenses. Physical therapists employed by or contracting with a physician, physician group, as defined in accordance with the federal Physician Self-Referral Law ( 42 U.S.C. § 1395nn ), or entity primarily owned by physicians and receiving wages or other compensation and/or benefits pursuant to the employment or contract shall not be deemed to be in violation of any provision under this chapter solely by virtue of the employment or contract and shall not be subject to licensure denial, suspension, revocation or any other disciplinary action or other penalty described under this chapter solely by virtue of the employment or contract. This subdivision (a)(11) shall not be interpreted in such a way as to create a prohibition on the corporate practice of any health care professional where no such prohibition previously existed; (12) Failing to adhere to standards of ethics of the physical therapy profession; (13) Charging unreasonable or fraudulent fees for services performed or not performed; (14) Making misleading, deceptive, untrue or fraudulent representations in violation of this chapter, or otherwise, in practice of the profession; (15) Being under a current judgment of mental incompetency rendered by a court of competent jurisdiction; (16) Aiding or abetting a person not licensed in this state who directly or indirectly performs activities requiring a license; (17) Failing to report to the board any act or omission of a licensee, applicant or any other person which violates this chapter; (18) Interfering with, or refusing to cooperate in, an investigation or disciplinary proceeding, including willful misrepresentation of facts or by the use of threats or harassment against any patient or witness to prevent the patient or witness from providing evidence in a disciplinary proceeding or any legal action; (19) Failing to maintain patient confidentiality without prior written consent or unless otherwise required by law; (20) Failing to maintain adequate patient records that contain a minimum of an evaluation of objective finding, a physical therapy treatment diagnosis, the plan of care including desired outcomes, the treatment record, a discharge plan including results of intervention and sufficient information to identify the patient; (21) Promoting unnecessary devices, treatment intervention or service for the financial gain of the practitioner or of a third party; (22) Providing treatment intervention unwarranted by the condition of the patient, nor shall the licensee continue treatment beyond the point of reasonable benefit; (23) A violation or attempted violation, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any provisions of this chapter or any lawful order of the board issued pursuant thereto or any criminal statute of this state; (24) Division of fees or agreeing to split fees or divide fees received for professional services with any person for bringing or referring a patient outside the scope of § 63-13-315 ; (25) Payment or acceptance of commissions, in any form or manner, on fees for professional services, references, consultations, pathological reports, prescriptions or on other services or articles supplied to patients; (26) Acting in a manner inconsistent with generally accepted standards of physical therapy practice; or (27) Practicing physical therapy with a mental or physical condition that impairs the ability of the licensee to practice with skill and safety.
(1) Practicing physical therapy in violation of this chapter or any rule or written order adopted by the board;
(2) Practicing or offering to practice beyond the scope of physical therapy practice as defined in this chapter;
(3) Making false or misleading statements or representations, being guilty of fraud or deceit in obtaining admission to practice or being guilty of fraud or deceit in the licensee's practice;
(4) Engaging in the performance of substandard care by a physical therapist due to ignorance, incompetence or a deliberate or negligent act or failure to act, regardless of whether actual injury to the patient is established;
(5) Engaging in the performance of substandard care by a physical therapist assistant, which includes exceeding the authority to perform the task selected and delegated by the supervising physical therapist, regardless of whether actual injury to the patient is established;
(6) Inadequately supervising or delegating duties that exceed the scope of practice for assistive personnel in accordance with this chapter and rules adopted by the board;
(7) Conviction of a felony or any offense involving moral turpitude in the courts of this state or any other state, territory or country. "Conviction," as used in this subdivision (a)(7), includes a finding or verdict of guilt or a plea of nolo contendere;
(8) Practicing as a physical therapist or working as a physical therapist assistant when physical or mental abilities are impaired by the use of controlled substances, controlled substance analogues, other habit-forming drugs, chemicals or alcohol;
(9) Disciplinary action against a person licensed to practice as a physical therapist or physical therapist assistant by another state or territory of the United States for any acts or omissions that would constitute grounds for discipline of a person licensed in this state. A certified copy of the initial or final order or other equivalent document shall constitute prima facie evidence of a violation of this section and be sufficient grounds upon which to deny, restrict or condition licensure or renewal and/or discipline a person licensed in this state;
(10) Engaging in sexual misconduct. "Sexual misconduct," for the purpose of this section, includes: (A) Engaging in or soliciting sexual relationships, whether consensual or nonconsensual, while a physical therapist or physical therapist assistant/patient relationship exists; (B) Making sexual advances, requesting sexual favors and engaging in other verbal conduct or physical conduct or physical contact of a sexual nature with patients; and (C) Intentionally viewing a completely or partially disrobed patient in the course of treatment, if the viewing is not related to patient diagnosis or treatment under current practice standards;
(A) Engaging in or soliciting sexual relationships, whether consensual or nonconsensual, while a physical therapist or physical therapist assistant/patient relationship exists;
(B) Making sexual advances, requesting sexual favors and engaging in other verbal conduct or physical conduct or physical contact of a sexual nature with patients; and
(C) Intentionally viewing a completely or partially disrobed patient in the course of treatment, if the viewing is not related to patient diagnosis or treatment under current practice standards;
(11) Directly or indirectly requesting, receiving or participating in the dividing, transferring, assigning, rebating or refunding of an unearned fee or profiting by means of a credit or other valuable consideration, such as an unearned commission, discount or gratuity in connection with the furnishing of physical therapy services. Nothing in this subdivision (a)(11) prohibits the members of any regularly and properly organized business entity recognized by law and comprised of physical therapists from dividing fees received for professional services among themselves as they determine necessary to defray their joint operating expenses. Physical therapists employed by or contracting with a physician, physician group, as defined in accordance with the federal Physician Self-Referral Law ( 42 U.S.C. § 1395nn ), or entity primarily owned by physicians and receiving wages or other compensation and/or benefits pursuant to the employment or contract shall not be deemed to be in violation of any provision under this chapter solely by virtue of the employment or contract and shall not be subject to licensure denial, suspension, revocation or any other disciplinary action or other penalty described under this chapter solely by virtue of the employment or contract. This subdivision (a)(11) shall not be interpreted in such a way as to create a prohibition on the corporate practice of any health care professional where no such prohibition previously existed;
(12) Failing to adhere to standards of ethics of the physical therapy profession;
(13) Charging unreasonable or fraudulent fees for services performed or not performed;
(14) Making misleading, deceptive, untrue or fraudulent representations in violation of this chapter, or otherwise, in practice of the profession;
(15) Being under a current judgment of mental incompetency rendered by a court of competent jurisdiction;
(16) Aiding or abetting a person not licensed in this state who directly or indirectly performs activities requiring a license;
(17) Failing to report to the board any act or omission of a licensee, applicant or any other person which violates this chapter;
(18) Interfering with, or refusing to cooperate in, an investigation or disciplinary proceeding, including willful misrepresentation of facts or by the use of threats or harassment against any patient or witness to prevent the patient or witness from providing evidence in a disciplinary proceeding or any legal action;
(19) Failing to maintain patient confidentiality without prior written consent or unless otherwise required by law;
(20) Failing to maintain adequate patient records that contain a minimum of an evaluation of objective finding, a physical therapy treatment diagnosis, the plan of care including desired outcomes, the treatment record, a discharge plan including results of intervention and sufficient information to identify the patient;
(21) Promoting unnecessary devices, treatment intervention or service for the financial gain of the practitioner or of a third party;
(22) Providing treatment intervention unwarranted by the condition of the patient, nor shall the licensee continue treatment beyond the point of reasonable benefit;
(23) A violation or attempted violation, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any provisions of this chapter or any lawful order of the board issued pursuant thereto or any criminal statute of this state;
(24) Division of fees or agreeing to split fees or divide fees received for professional services with any person for bringing or referring a patient outside the scope of § 63-13-315 ;
(25) Payment or acceptance of commissions, in any form or manner, on fees for professional services, references, consultations, pathological reports, prescriptions or on other services or articles supplied to patients;
(26) Acting in a manner inconsistent with generally accepted standards of physical therapy practice; or
(27) Practicing physical therapy with a mental or physical condition that impairs the ability of the licensee to practice with skill and safety.
(b) An action taken under this section shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 1, part 1 of this title.
Amended by 2020 Tenn. Acts, ch. 790, s 14, eff. 7/15/2020.
Amended by 2018 Tenn. Acts, ch. 745, s 31, eff. 7/1/2018.
Acts 1999, ch. 528, § 23; 2006, ch. 875, § 3; 2007 , ch. 115, § 10; 2012 , ch. 848, § 78.
Tenn. Code Ann. § 63-6-309 — TN Code / Title 63 / Chapter 6 / Section 63-6-309
Reporting of adverse events
Status: in_force

If a patient suffers an adverse event associated with the use of an investigational drug, biological product, or device, the patient's physician shall report the adverse event to the manufacturer of the investigational drug, biological product, or device. Added by 2015 Tenn. Acts, ch. 376, s 1, eff. 7/1/2015.
If a patient suffers an adverse event associated with the use of an investigational drug, biological product, or device, the patient's physician shall report the adverse event to the manufacturer of the investigational drug, biological product, or device.
Added by 2015 Tenn. Acts, ch. 376, s 1, eff. 7/1/2015.
Tenn. Code Ann. § 63-6-202 — TN Code / Title 63 / Chapter 6 / Section 63-6-202
Unlawful activities of itinerant physicians or vendors - Penalties
Status: in_force

(a) It is unlawful for any itinerant physician or vendor of any drug, nostrum, ointment or application of any kind intended for treatment of disease or injury to sell or apply the same or for such itinerant physician or vendor, by writing, printing or other methods, to profess to cure or treat diseases or deformity by any drug, nostrum, manipulation or other expedient in this state. (b) (1) A violation of this section is a Class A misdemeanor. (2) Each violation of this section constitutes a separate offense. Acts 1907, ch. 543, § 4; Shan., § 3609a31; Code 1932, § 6935; Acts 1945, ch. 181, § 8; C. Supp. 1950, § 6935; T.C.A. (orig. ed.), § 63-606; Acts 1989, ch. 591, §§ 1, 6.
(a) It is unlawful for any itinerant physician or vendor of any drug, nostrum, ointment or application of any kind intended for treatment of disease or injury to sell or apply the same or for such itinerant physician or vendor, by writing, printing or other methods, to profess to cure or treat diseases or deformity by any drug, nostrum, manipulation or other expedient in this state.
(b) (1) A violation of this section is a Class A misdemeanor. (2) Each violation of this section constitutes a separate offense.
(1) A violation of this section is a Class A misdemeanor.
(2) Each violation of this section constitutes a separate offense.
Acts 1907, ch. 543, § 4; Shan., § 3609a31; Code 1932, § 6935; Acts 1945, ch. 181, § 8; C. Supp. 1950, § 6935; T.C.A. (orig. ed.), § 63-606; Acts 1989, ch. 591, §§ 1, 6.