Tenn. Code Ann. § 63-22-203 — TN Code / Title 63 / Chapter 22 / Section 63-22-203
Application for license - Fees - Qualifications
Status: in_force

(a) An applicant for licensure as a licensed clinical pastoral therapist shall pay the board a nonrefundable fee as set by the board and shall satisfy the board that the applicant: (1) Is at least eighteen (18) years of age; (2) Is of good moral character; (3) Has met the educational standards set by the board, which shall include: (A) The completion of a course of studies consisting of a minimum of sixty (60) graduate semester hours in a curriculum approved by the board, of which a minimum of nine (9) graduate semester hours must relate specifically to the diagnosis and treatment of mental disorders, and the awarding of a master's or doctoral degree from a recognized educational institution; and (B) The completion of a supervised clinical experience within the academic degree program as either a practicum or internship that includes experience in the assessment, diagnosis, and treatment of the psychodynamics, interpersonal dynamics, and spiritual dynamics of persons experiencing emotional, behavioral, relational, or spiritual distress or dysfunction. The experience required under this subdivision (3)(B) must be conducted under the supervision of a board-approved supervisor; (4) Has provided a minimum of one thousand four hundred (1,400) hours of pastoral therapy with individuals, couples, families, or groups while receiving a minimum of two hundred seventy (270) hours of supervision of such therapy under board-approved supervision; and (5) Has passed examinations as approved by the board. (b) (1) When the board receives a completed application for initial licensure from an applicant, then the board shall, within sixty (60) days from the date the board receives the completed application: (A) Render a decision on the application; or (B) Inform the applicant of the need to appear before the board. (2) As used in this subsection (b), "completed application" means an application that satisfies all statutory and board rule requirements. Amended by 2023 Tenn. Acts, ch. 426, s 18, eff. 5/11/2023. Amended by 2019 Tenn. Acts, ch. 233, s 3, eff. 4/30/2019. Amended by 2016 Tenn. Acts, ch. 955, s 1, eff. 4/27/2016. Acts 1997 , ch. 485, § 8; 2003 , ch. 250, § 4.
(a) An applicant for licensure as a licensed clinical pastoral therapist shall pay the board a nonrefundable fee as set by the board and shall satisfy the board that the applicant: (1) Is at least eighteen (18) years of age; (2) Is of good moral character; (3) Has met the educational standards set by the board, which shall include: (A) The completion of a course of studies consisting of a minimum of sixty (60) graduate semester hours in a curriculum approved by the board, of which a minimum of nine (9) graduate semester hours must relate specifically to the diagnosis and treatment of mental disorders, and the awarding of a master's or doctoral degree from a recognized educational institution; and (B) The completion of a supervised clinical experience within the academic degree program as either a practicum or internship that includes experience in the assessment, diagnosis, and treatment of the psychodynamics, interpersonal dynamics, and spiritual dynamics of persons experiencing emotional, behavioral, relational, or spiritual distress or dysfunction. The experience required under this subdivision (3)(B) must be conducted under the supervision of a board-approved supervisor; (4) Has provided a minimum of one thousand four hundred (1,400) hours of pastoral therapy with individuals, couples, families, or groups while receiving a minimum of two hundred seventy (270) hours of supervision of such therapy under board-approved supervision; and (5) Has passed examinations as approved by the board.
(1) Is at least eighteen (18) years of age;
(2) Is of good moral character;
(3) Has met the educational standards set by the board, which shall include: (A) The completion of a course of studies consisting of a minimum of sixty (60) graduate semester hours in a curriculum approved by the board, of which a minimum of nine (9) graduate semester hours must relate specifically to the diagnosis and treatment of mental disorders, and the awarding of a master's or doctoral degree from a recognized educational institution; and (B) The completion of a supervised clinical experience within the academic degree program as either a practicum or internship that includes experience in the assessment, diagnosis, and treatment of the psychodynamics, interpersonal dynamics, and spiritual dynamics of persons experiencing emotional, behavioral, relational, or spiritual distress or dysfunction. The experience required under this subdivision (3)(B) must be conducted under the supervision of a board-approved supervisor;
(A) The completion of a course of studies consisting of a minimum of sixty (60) graduate semester hours in a curriculum approved by the board, of which a minimum of nine (9) graduate semester hours must relate specifically to the diagnosis and treatment of mental disorders, and the awarding of a master's or doctoral degree from a recognized educational institution; and
(B) The completion of a supervised clinical experience within the academic degree program as either a practicum or internship that includes experience in the assessment, diagnosis, and treatment of the psychodynamics, interpersonal dynamics, and spiritual dynamics of persons experiencing emotional, behavioral, relational, or spiritual distress or dysfunction. The experience required under this subdivision (3)(B) must be conducted under the supervision of a board-approved supervisor;
(4) Has provided a minimum of one thousand four hundred (1,400) hours of pastoral therapy with individuals, couples, families, or groups while receiving a minimum of two hundred seventy (270) hours of supervision of such therapy under board-approved supervision; and
(5) Has passed examinations as approved by the board.
(b) (1) When the board receives a completed application for initial licensure from an applicant, then the board shall, within sixty (60) days from the date the board receives the completed application: (A) Render a decision on the application; or (B) Inform the applicant of the need to appear before the board. (2) As used in this subsection (b), "completed application" means an application that satisfies all statutory and board rule requirements.
(1) When the board receives a completed application for initial licensure from an applicant, then the board shall, within sixty (60) days from the date the board receives the completed application: (A) Render a decision on the application; or (B) Inform the applicant of the need to appear before the board.
(A) Render a decision on the application; or
(B) Inform the applicant of the need to appear before the board.
(2) As used in this subsection (b), "completed application" means an application that satisfies all statutory and board rule requirements.
Amended by 2023 Tenn. Acts, ch. 426, s 18, eff. 5/11/2023.
Amended by 2019 Tenn. Acts, ch. 233, s 3, eff. 4/30/2019.
Amended by 2016 Tenn. Acts, ch. 955, s 1, eff. 4/27/2016.
Acts 1997 , ch. 485, § 8; 2003 , ch. 250, § 4.
Tenn. Code Ann. § 63-1-313 — TN Code / Title 63 / Chapter 1 / Section 63-1-313
Dispensing of controlled substances by pain management clinics or medical personnel working at pain management clinics
Status: in_force

(a) Notwithstanding any provision of this title or title 53, chapters 10 and 11 to the contrary, no pain management clinic or medical doctor, osteopathic physician, advanced practice registered nurse with certificates of fitness to prescribe, or physician assistant working at a pain management clinic shall be permitted to dispense controlled substances; provided, however, that this subsection (a) shall not prohibit a medical doctor, osteopathic physician, advanced practice registered nurse with certificates of fitness to prescribe, or physician assistant working at a pain management clinic from providing to that practitioner's patient, without charge, a sample of a schedule IV or schedule V controlled substance in a quantity limited to an amount that is adequate to treat the patient for a maximum of seventy-two (72) hours or a sample of a non-narcotic schedule V controlled substance in a quantity limited to an amount that is adequate to treat the patient for a maximum of fourteen (14) days. (b) For the purposes of this section, "controlled substance" has the meaning given in § 39-17-402 . Amended by 2016 Tenn. Acts, ch. 980,s 8, eff. 7/1/2016. Amended by 2014 Tenn. Acts, ch. 842,s 1, eff. 4/29/2014. Added by 2013 Tenn. Acts, ch. 336,s 1, eff. 7/1/2013.
(a) Notwithstanding any provision of this title or title 53, chapters 10 and 11 to the contrary, no pain management clinic or medical doctor, osteopathic physician, advanced practice registered nurse with certificates of fitness to prescribe, or physician assistant working at a pain management clinic shall be permitted to dispense controlled substances; provided, however, that this subsection (a) shall not prohibit a medical doctor, osteopathic physician, advanced practice registered nurse with certificates of fitness to prescribe, or physician assistant working at a pain management clinic from providing to that practitioner's patient, without charge, a sample of a schedule IV or schedule V controlled substance in a quantity limited to an amount that is adequate to treat the patient for a maximum of seventy-two (72) hours or a sample of a non-narcotic schedule V controlled substance in a quantity limited to an amount that is adequate to treat the patient for a maximum of fourteen (14) days.
(b) For the purposes of this section, "controlled substance" has the meaning given in § 39-17-402 .
Amended by 2016 Tenn. Acts, ch. 980,s 8, eff. 7/1/2016.
Amended by 2014 Tenn. Acts, ch. 842,s 1, eff. 4/29/2014.
Added by 2013 Tenn. Acts, ch. 336,s 1, eff. 7/1/2013.
Tenn. Code Ann. § 63-3-127 — TN Code / Title 63 / Chapter 3 / Section 63-3-127
Drug prescriptions
Status: in_force

(a) Any handwritten prescription order for a drug prepared by a podiatrist who is authorized by law to prescribe a drug must be legible so that it is comprehensible by the pharmacist who fills the prescription. The handwritten prescription order must contain the name of the prescribing podiatrist, the name and strength of the drug prescribed, the quantity of the drug prescribed, handwritten in letters or in numerals, instructions for the proper use of the drug and the month and day that the prescription order was issued, recorded in letters or in numerals or a combination thereof. The prescribing podiatrist must sign the handwritten prescription order on the day it is issued, unless it is a standing order issued in a hospital, a nursing home or an assisted care living facility as defined in § 68-11-201 . (b) Any typed or computer-generated prescription order for a drug issued by a podiatrist who is authorized by law to prescribe a drug must be legible so that it is comprehensible by the pharmacist who fills the prescription order. The typed or computer-generated prescription order must contain the name of the prescribing podiatrist, the name and strength of the drug prescribed, the quantity of the drug prescribed, recorded in letters or in numerals, instructions for the proper use of the drug, and the month and day that the typed or computer-generated prescription order was issued, recorded in letters or in numerals or a combination thereof. The prescribing podiatrist must sign the typed or computer-generated prescription order on the day it is issued, unless it is a standing order issued in a hospital, nursing home or an assisted care living facility as defined in § 68-11-201 . (c) Nothing in this section shall be construed to prevent a podiatrist from issuing a verbal prescription order. (d) (1) All handwritten, typed or computer-generated prescription orders must be issued on either tamper-resistant prescription paper or printed utilizing a technology that results in a tamper-resistant prescription that meets the current centers for medicare and medicaid service guidance to state medicaid directors regarding § 7002(b) of the United States Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act of 2007, P.L. 110-28, and meets or exceeds specific TennCare requirements for tamper-resistant prescriptions. (2) Subdivision (d)(1) shall not apply to prescriptions written for inpatients of a hospital, outpatients of a hospital where the doctor or other person authorized to write prescriptions writes the order into the hospital medical record and then the order is given directly to the hospital pharmacy and the patient never has the opportunity to handle the written order, a nursing home or an assisted care living facility as defined in § 68-11-201 or inpatients or residents of a mental health hospital or residential facility licensed under title 33 or individuals incarcerated in a local, state or federal correctional facility. Amended by 2013 Tenn. Acts, ch. 74, s 2, eff. 4/1/2013. Acts 2004, ch. 678, § 3; 2005, ch. 12, § 1; 2008 , ch. 1035, §§ 2, 9; 2010 , ch. 795, § 13.
(a) Any handwritten prescription order for a drug prepared by a podiatrist who is authorized by law to prescribe a drug must be legible so that it is comprehensible by the pharmacist who fills the prescription. The handwritten prescription order must contain the name of the prescribing podiatrist, the name and strength of the drug prescribed, the quantity of the drug prescribed, handwritten in letters or in numerals, instructions for the proper use of the drug and the month and day that the prescription order was issued, recorded in letters or in numerals or a combination thereof. The prescribing podiatrist must sign the handwritten prescription order on the day it is issued, unless it is a standing order issued in a hospital, a nursing home or an assisted care living facility as defined in § 68-11-201 .
(b) Any typed or computer-generated prescription order for a drug issued by a podiatrist who is authorized by law to prescribe a drug must be legible so that it is comprehensible by the pharmacist who fills the prescription order. The typed or computer-generated prescription order must contain the name of the prescribing podiatrist, the name and strength of the drug prescribed, the quantity of the drug prescribed, recorded in letters or in numerals, instructions for the proper use of the drug, and the month and day that the typed or computer-generated prescription order was issued, recorded in letters or in numerals or a combination thereof. The prescribing podiatrist must sign the typed or computer-generated prescription order on the day it is issued, unless it is a standing order issued in a hospital, nursing home or an assisted care living facility as defined in § 68-11-201 .
(c) Nothing in this section shall be construed to prevent a podiatrist from issuing a verbal prescription order.
(d) (1) All handwritten, typed or computer-generated prescription orders must be issued on either tamper-resistant prescription paper or printed utilizing a technology that results in a tamper-resistant prescription that meets the current centers for medicare and medicaid service guidance to state medicaid directors regarding § 7002(b) of the United States Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act of 2007, P.L. 110-28, and meets or exceeds specific TennCare requirements for tamper-resistant prescriptions. (2) Subdivision (d)(1) shall not apply to prescriptions written for inpatients of a hospital, outpatients of a hospital where the doctor or other person authorized to write prescriptions writes the order into the hospital medical record and then the order is given directly to the hospital pharmacy and the patient never has the opportunity to handle the written order, a nursing home or an assisted care living facility as defined in § 68-11-201 or inpatients or residents of a mental health hospital or residential facility licensed under title 33 or individuals incarcerated in a local, state or federal correctional facility.
(1) All handwritten, typed or computer-generated prescription orders must be issued on either tamper-resistant prescription paper or printed utilizing a technology that results in a tamper-resistant prescription that meets the current centers for medicare and medicaid service guidance to state medicaid directors regarding § 7002(b) of the United States Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act of 2007, P.L. 110-28, and meets or exceeds specific TennCare requirements for tamper-resistant prescriptions.
(2) Subdivision (d)(1) shall not apply to prescriptions written for inpatients of a hospital, outpatients of a hospital where the doctor or other person authorized to write prescriptions writes the order into the hospital medical record and then the order is given directly to the hospital pharmacy and the patient never has the opportunity to handle the written order, a nursing home or an assisted care living facility as defined in § 68-11-201 or inpatients or residents of a mental health hospital or residential facility licensed under title 33 or individuals incarcerated in a local, state or federal correctional facility.
Amended by 2013 Tenn. Acts, ch. 74, s 2, eff. 4/1/2013.
Acts 2004, ch. 678, § 3; 2005, ch. 12, § 1; 2008 , ch. 1035, §§ 2, 9; 2010 , ch. 795, § 13.
Tenn. Code Ann. § 63-8-122 — TN Code / Title 63 / Chapter 8 / Section 63-8-122
Penalties
Status: in_force

A violation of this chapter is a Class B misdemeanor. Acts 1925, ch. 99, § 3; Shan. Supp., § 3654a11; Code 1932, § 7028; impl. am. Acts 1947, ch. 9, § 13; C. Supp. 1950, § 7041.1; T.C.A. (orig. ed.), § 63-824; Acts 1984, ch. 937, § 37; 1989, ch. 428, §12; 1989, ch. 591, § 112.
A violation of this chapter is a Class B misdemeanor.
Acts 1925, ch. 99, § 3; Shan. Supp., § 3654a11; Code 1932, § 7028; impl. am. Acts 1947, ch. 9, § 13; C. Supp. 1950, § 7041.1; T.C.A. (orig. ed.), § 63-824; Acts 1984, ch. 937, § 37; 1989, ch. 428, §12; 1989, ch. 591, § 112.
Tenn. Code Ann. § 63-12-129 — TN Code / Title 63 / Chapter 12 / Section 63-12-129
Enforcement
Status: in_force

(a) The enforcement of the laws and rules of the board regulating the practicing of veterinary medicine in this state is primarily vested in the board, who may have the following powers and duties: (1) To employ investigators, counsel and clerical assistance or any other necessary personnel; (2) To inspect all veterinary facilities to determine sanitary conditions, physical equipment, methods of operation, keeping of records, etc. This inspection shall be by a member of the board or a licensed veterinarian representing the board; (3) To inspect licenses; and (4) To conduct investigations of all alleged violations. (b) The powers granted to the board shall not curtail or in any manner affect or eliminate the duties, efforts and assistance of the department of health in the enforcement of this chapter. (c) All expenses, compensation or fees incurred in connection with enforcement duties and powers shall be paid from the funds of the board and in all respects treated as other expenses of the board, subject to this chapter. Acts 1967, ch. 80, § 29; T.C.A., § 63-1229; Acts 1996, ch. 771, § 4; 1996, ch. 773, § 3.
(a) The enforcement of the laws and rules of the board regulating the practicing of veterinary medicine in this state is primarily vested in the board, who may have the following powers and duties: (1) To employ investigators, counsel and clerical assistance or any other necessary personnel; (2) To inspect all veterinary facilities to determine sanitary conditions, physical equipment, methods of operation, keeping of records, etc. This inspection shall be by a member of the board or a licensed veterinarian representing the board; (3) To inspect licenses; and (4) To conduct investigations of all alleged violations.
(1) To employ investigators, counsel and clerical assistance or any other necessary personnel;
(2) To inspect all veterinary facilities to determine sanitary conditions, physical equipment, methods of operation, keeping of records, etc. This inspection shall be by a member of the board or a licensed veterinarian representing the board;
(3) To inspect licenses; and
(4) To conduct investigations of all alleged violations.
(b) The powers granted to the board shall not curtail or in any manner affect or eliminate the duties, efforts and assistance of the department of health in the enforcement of this chapter.
(c) All expenses, compensation or fees incurred in connection with enforcement duties and powers shall be paid from the funds of the board and in all respects treated as other expenses of the board, subject to this chapter.
Acts 1967, ch. 80, § 29; T.C.A., § 63-1229; Acts 1996, ch. 771, § 4; 1996, ch. 773, § 3.
Tenn. Code Ann. § 63-17-101 — TN Code / Title 63 / Chapter 17 / Section 63-17-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Licensure Act for Communication Disorders and Sciences." Acts 1973, ch. 93, § 1; T.C.A., § 63-1701; Acts 1994, ch. 849, § 5; 1995, ch. 481, § 25.
This chapter shall be known and may be cited as the "Licensure Act for Communication Disorders and Sciences."
Acts 1973, ch. 93, § 1; T.C.A., § 63-1701; Acts 1994, ch. 849, § 5; 1995, ch. 481, § 25.
Tenn. Code Ann. § 63-4-114 — TN Code / Title 63 / Chapter 4 / Section 63-4-114
Denial, suspension or revocation of license or certificate
Status: in_force

(a) The board has the duty and authority to suspend for a specified time, within the discretion of the board, or to revoke any license to practice chiropractic, or to otherwise discipline any licensee or refuse to grant any certificate of fitness, whenever the licensee or applicant is found guilty of any of the following acts or offenses: (1) Fraud in procuring a license or certificate; (2) Conviction of a felony for violations of any law of the state or of the United States; (3) Habitual intoxication or personal misuse of any drugs or the use of intoxicating liquors, narcotics, controlled substances, controlled substance analogues or other drugs or stimulants in such manner as to adversely affect the person's ability to practice chiropractic; (4) Immoral, unethical, unprofessional or dishonorable conduct; (5) (A) In-person solicitation, telemarketing, or telephonic solicitation by licensees, employees of licensees, agents of licensees, or independent contractors of licensees to victims of an accident or disaster, unless it is a victim with whom a licensee has a family or prior professional relationship, shall be considered unethical if carried out within thirty (30) days of the accident or disaster; (B) Telemarketing transcripts shall be maintained for a period of two (2) years following their utilization; (C) A log of contacts shall be maintained for a period of two (2) years following a telemarketing encounter; and (D) This subdivision (5) shall not prohibit solicitation by targeted direct mail advertising or other forms of written, radio, or television advertising; provided, that the advertising does not involve coercion, duress, or harassment and is not false, deceptive, or misleading; (6) Division of fees or agreeing to split or divide fees received for professional services with any person for bringing or referring a patient; (7) Professional connection or association with any person, firm or corporation in any manner in an effort to avoid and circumvent this chapter or lending one's name to another for the illegal practice of chiropractic by such person; (8) Rebating or offering to rebate to an insured any payment by the insured's third-party payor to the licensee for services or treatments rendered under the insured's policy; (9) Submitting to any third-party payor a claim for a service or treatment at an inflated fee or charge or a greater fee or charge than the usual fee the licensee charges for that service or treatment when the service or treatment is rendered without third-party reimbursement; (10) Submitting to any third-party payor a claim for a service or treatment at a fee or charge in an amount greater than that advertised for such service or treatment at the time of the rendering of the service or treatment that is the subject matter of the claim; (11) Knowingly or purposefully incorrectly reporting services rendered, reporting incorrect treatment dates or reporting charges for services not rendered for the purpose of obtaining payment from a third-party payor; (12) Any other unprofessional or unethical conduct that may be specified by the board from time to time by means of rules and regulations duly published and promulgated by the board or the violation of any provision of this chapter; (13) The advertising of chiropractic business in which untrue or misleading statements are made or causing the publication or circulation of fraudulent advertising relative to any disease, human ailment or condition; (14) Invasion of a field of practice in which the licensee is not licensed to practice or is not within the limits of the licensee's respective callings as determined by the board; (15) Gross health care liability or a pattern of continued or repeated health care liability, ignorance, negligence or incompetence in the course of chiropractic practice; and (16) Making false, fraudulent, misleading, extravagant or grossly improbable claims or statements as to the efficacy or value of the science or practice of chiropractic. (b) An action taken under this section shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 1, part 1 of this title. Amended by 2018 Tenn. Acts, ch. 745, s 24, eff. 7/1/2018. Amended by 2015 Tenn. Acts, ch. 121, s 1, eff. 7/1/2015. Acts 1923, ch. 9, § 13; Shan. Supp., § 3654a127; Code 1932, §7021; Acts 1939, ch. 116, § 7; impl. am. Acts 1947, ch. 9, §§2-4, 9; C. Supp. 1950, § 7021; Acts 1976, ch. 781, § 10; T.C.A. (orig. ed.), § 63-416; Acts 1982, ch. 887, § 6; 1984, ch. 545, § 1; 1988, ch. 747, § 1; 1998, ch. 973, §2; 2012 , ch. 798, §35; 2012 , ch. 848, § 68.
(a) The board has the duty and authority to suspend for a specified time, within the discretion of the board, or to revoke any license to practice chiropractic, or to otherwise discipline any licensee or refuse to grant any certificate of fitness, whenever the licensee or applicant is found guilty of any of the following acts or offenses: (1) Fraud in procuring a license or certificate; (2) Conviction of a felony for violations of any law of the state or of the United States; (3) Habitual intoxication or personal misuse of any drugs or the use of intoxicating liquors, narcotics, controlled substances, controlled substance analogues or other drugs or stimulants in such manner as to adversely affect the person's ability to practice chiropractic; (4) Immoral, unethical, unprofessional or dishonorable conduct; (5) (A) In-person solicitation, telemarketing, or telephonic solicitation by licensees, employees of licensees, agents of licensees, or independent contractors of licensees to victims of an accident or disaster, unless it is a victim with whom a licensee has a family or prior professional relationship, shall be considered unethical if carried out within thirty (30) days of the accident or disaster; (B) Telemarketing transcripts shall be maintained for a period of two (2) years following their utilization; (C) A log of contacts shall be maintained for a period of two (2) years following a telemarketing encounter; and (D) This subdivision (5) shall not prohibit solicitation by targeted direct mail advertising or other forms of written, radio, or television advertising; provided, that the advertising does not involve coercion, duress, or harassment and is not false, deceptive, or misleading; (6) Division of fees or agreeing to split or divide fees received for professional services with any person for bringing or referring a patient; (7) Professional connection or association with any person, firm or corporation in any manner in an effort to avoid and circumvent this chapter or lending one's name to another for the illegal practice of chiropractic by such person; (8) Rebating or offering to rebate to an insured any payment by the insured's third-party payor to the licensee for services or treatments rendered under the insured's policy; (9) Submitting to any third-party payor a claim for a service or treatment at an inflated fee or charge or a greater fee or charge than the usual fee the licensee charges for that service or treatment when the service or treatment is rendered without third-party reimbursement; (10) Submitting to any third-party payor a claim for a service or treatment at a fee or charge in an amount greater than that advertised for such service or treatment at the time of the rendering of the service or treatment that is the subject matter of the claim; (11) Knowingly or purposefully incorrectly reporting services rendered, reporting incorrect treatment dates or reporting charges for services not rendered for the purpose of obtaining payment from a third-party payor; (12) Any other unprofessional or unethical conduct that may be specified by the board from time to time by means of rules and regulations duly published and promulgated by the board or the violation of any provision of this chapter; (13) The advertising of chiropractic business in which untrue or misleading statements are made or causing the publication or circulation of fraudulent advertising relative to any disease, human ailment or condition; (14) Invasion of a field of practice in which the licensee is not licensed to practice or is not within the limits of the licensee's respective callings as determined by the board; (15) Gross health care liability or a pattern of continued or repeated health care liability, ignorance, negligence or incompetence in the course of chiropractic practice; and (16) Making false, fraudulent, misleading, extravagant or grossly improbable claims or statements as to the efficacy or value of the science or practice of chiropractic.
(1) Fraud in procuring a license or certificate;
(2) Conviction of a felony for violations of any law of the state or of the United States;
(3) Habitual intoxication or personal misuse of any drugs or the use of intoxicating liquors, narcotics, controlled substances, controlled substance analogues or other drugs or stimulants in such manner as to adversely affect the person's ability to practice chiropractic;
(4) Immoral, unethical, unprofessional or dishonorable conduct;
(5) (A) In-person solicitation, telemarketing, or telephonic solicitation by licensees, employees of licensees, agents of licensees, or independent contractors of licensees to victims of an accident or disaster, unless it is a victim with whom a licensee has a family or prior professional relationship, shall be considered unethical if carried out within thirty (30) days of the accident or disaster; (B) Telemarketing transcripts shall be maintained for a period of two (2) years following their utilization; (C) A log of contacts shall be maintained for a period of two (2) years following a telemarketing encounter; and (D) This subdivision (5) shall not prohibit solicitation by targeted direct mail advertising or other forms of written, radio, or television advertising; provided, that the advertising does not involve coercion, duress, or harassment and is not false, deceptive, or misleading;
(A) In-person solicitation, telemarketing, or telephonic solicitation by licensees, employees of licensees, agents of licensees, or independent contractors of licensees to victims of an accident or disaster, unless it is a victim with whom a licensee has a family or prior professional relationship, shall be considered unethical if carried out within thirty (30) days of the accident or disaster;
(B) Telemarketing transcripts shall be maintained for a period of two (2) years following their utilization;
(C) A log of contacts shall be maintained for a period of two (2) years following a telemarketing encounter; and
(D) This subdivision (5) shall not prohibit solicitation by targeted direct mail advertising or other forms of written, radio, or television advertising; provided, that the advertising does not involve coercion, duress, or harassment and is not false, deceptive, or misleading;
(6) Division of fees or agreeing to split or divide fees received for professional services with any person for bringing or referring a patient;
(7) Professional connection or association with any person, firm or corporation in any manner in an effort to avoid and circumvent this chapter or lending one's name to another for the illegal practice of chiropractic by such person;
(8) Rebating or offering to rebate to an insured any payment by the insured's third-party payor to the licensee for services or treatments rendered under the insured's policy;
(9) Submitting to any third-party payor a claim for a service or treatment at an inflated fee or charge or a greater fee or charge than the usual fee the licensee charges for that service or treatment when the service or treatment is rendered without third-party reimbursement;
(10) Submitting to any third-party payor a claim for a service or treatment at a fee or charge in an amount greater than that advertised for such service or treatment at the time of the rendering of the service or treatment that is the subject matter of the claim;
(11) Knowingly or purposefully incorrectly reporting services rendered, reporting incorrect treatment dates or reporting charges for services not rendered for the purpose of obtaining payment from a third-party payor;
(12) Any other unprofessional or unethical conduct that may be specified by the board from time to time by means of rules and regulations duly published and promulgated by the board or the violation of any provision of this chapter;
(13) The advertising of chiropractic business in which untrue or misleading statements are made or causing the publication or circulation of fraudulent advertising relative to any disease, human ailment or condition;
(14) Invasion of a field of practice in which the licensee is not licensed to practice or is not within the limits of the licensee's respective callings as determined by the board;
(15) Gross health care liability or a pattern of continued or repeated health care liability, ignorance, negligence or incompetence in the course of chiropractic practice; and
(16) Making false, fraudulent, misleading, extravagant or grossly improbable claims or statements as to the efficacy or value of the science or practice of chiropractic.
(b) An action taken under this section shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 1, part 1 of this title.
Amended by 2018 Tenn. Acts, ch. 745, s 24, eff. 7/1/2018.
Amended by 2015 Tenn. Acts, ch. 121, s 1, eff. 7/1/2015.
Acts 1923, ch. 9, § 13; Shan. Supp., § 3654a127; Code 1932, §7021; Acts 1939, ch. 116, § 7; impl. am. Acts 1947, ch. 9, §§2-4, 9; C. Supp. 1950, § 7021; Acts 1976, ch. 781, § 10; T.C.A. (orig. ed.), § 63-416; Acts 1982, ch. 887, § 6; 1984, ch. 545, § 1; 1988, ch. 747, § 1; 1998, ch. 973, §2; 2012 , ch. 798, §35; 2012 , ch. 848, § 68.
Tenn. Code Ann. § 63-18-103 — TN Code / Title 63 / Chapter 18 / Section 63-18-103
Tennessee massage licensure board
Status: in_force

(a) There is hereby created the Tennessee massage licensure board. (b) The board shall be composed of seven (7) members who are residents of the state. Except for the two (2) citizen members, each member shall have at least five (5) years current experience in the practice of massage. Persons with a conflict of interest are ineligible for membership on the board. (c) All members shall be appointed by the governor. Initial appointments to the board shall be as follows: (1) Three (3) members shall serve terms of one (1) year; and (2) Four (4) members shall serve terms of two (2) years. (d) Except for two (2) members who shall be citizen members with no direct or indirect financial interest in massage, all board members shall be duly licensed or eligible to be licensed by the board. (e) (1) Notwithstanding § 3-6-304 or any other law to the contrary, and in addition to all other requirements for membership on the board: (A) Any person registered as a lobbyist pursuant to the registration requirements of title 3, chapter 6 who is subsequently appointed or otherwise named as a member of the board shall terminate all employment and business association as a lobbyist with any entity whose business endeavors or professional activities are regulated by the board, prior to serving as a member of the board. This subdivision (e)(1)(A) shall apply to all persons appointed or otherwise named to the board after July 1, 2010; (B) No person who is a member of the board shall be permitted to register or otherwise serve as a lobbyist pursuant to title 3, chapter 6 for any entity whose business endeavors or professional activities are regulated by the board during such person's period of service as a member of the board. This subdivision (e)(1)(B) shall apply to all persons appointed or otherwise named to the board after July 1, 2010, and to all persons serving on the board on such date who are not registered as lobbyists; and (C) No person who serves as a member of the board shall be employed as a lobbyist by any entity whose business endeavors or professional activities are regulated by the board for one (1) year following the date such person's service on the board ends. This subdivision (e)(1)(C) shall apply to persons serving on the board as of July 1, 2010, and to persons appointed to the board subsequent to such date. (2) A person who violates this subsection (e) shall be subject to the penalties prescribed in title 3, chapter 6. (3) The bureau of ethics and campaign finance is authorized to promulgate rules and regulations to effectuate the purposes of this subsection (e). All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and in accordance with the procedure for initiating and proposing rules by the ethics commission to the bureau of ethics and campaign finance as prescribed in § 4-55-103 . (f) Subsequent appointees to the board shall have the professional qualifications required by their predecessors and shall be appointed to five-year terms. Each member shall serve until such member's successor is appointed and qualified, unless such board member is no longer competently performing the duties of office. Any vacancy on the board shall be filled by the governor for the balance of the unexpired term. The governor may remove members of the board from office for cause. (g) For each day engaged in the business of the board, a member shall receive as compensation one hundred dollars ($100) and shall also receive actual expenses to be paid in accordance with the comprehensive travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter. (h) The members of the board shall elect annually a chair and a secretary/treasurer. (i) The board shall meet as frequently as shall be reasonably necessary to implement this chapter. Four (4) or more members of the board shall constitute a quorum for the purpose of transacting board business. (j) For administrative purposes, the board shall be attached to the division of health related boards as defined in § 68-1-101 , referred to as "division" in this chapter, which shall supply support. Acts 1995, ch. 480, § 4; T.C.A. § 63-18-203; Acts 2004, ch. 729, §2; 2008 , ch. 801, §§1, 2; 2010 , ch. 997, §§ 3, 4.
(a) There is hereby created the Tennessee massage licensure board.
(b) The board shall be composed of seven (7) members who are residents of the state. Except for the two (2) citizen members, each member shall have at least five (5) years current experience in the practice of massage. Persons with a conflict of interest are ineligible for membership on the board.
(c) All members shall be appointed by the governor. Initial appointments to the board shall be as follows: (1) Three (3) members shall serve terms of one (1) year; and (2) Four (4) members shall serve terms of two (2) years.
(1) Three (3) members shall serve terms of one (1) year; and
(2) Four (4) members shall serve terms of two (2) years.
(d) Except for two (2) members who shall be citizen members with no direct or indirect financial interest in massage, all board members shall be duly licensed or eligible to be licensed by the board.
(e) (1) Notwithstanding § 3-6-304 or any other law to the contrary, and in addition to all other requirements for membership on the board: (A) Any person registered as a lobbyist pursuant to the registration requirements of title 3, chapter 6 who is subsequently appointed or otherwise named as a member of the board shall terminate all employment and business association as a lobbyist with any entity whose business endeavors or professional activities are regulated by the board, prior to serving as a member of the board. This subdivision (e)(1)(A) shall apply to all persons appointed or otherwise named to the board after July 1, 2010; (B) No person who is a member of the board shall be permitted to register or otherwise serve as a lobbyist pursuant to title 3, chapter 6 for any entity whose business endeavors or professional activities are regulated by the board during such person's period of service as a member of the board. This subdivision (e)(1)(B) shall apply to all persons appointed or otherwise named to the board after July 1, 2010, and to all persons serving on the board on such date who are not registered as lobbyists; and (C) No person who serves as a member of the board shall be employed as a lobbyist by any entity whose business endeavors or professional activities are regulated by the board for one (1) year following the date such person's service on the board ends. This subdivision (e)(1)(C) shall apply to persons serving on the board as of July 1, 2010, and to persons appointed to the board subsequent to such date. (2) A person who violates this subsection (e) shall be subject to the penalties prescribed in title 3, chapter 6. (3) The bureau of ethics and campaign finance is authorized to promulgate rules and regulations to effectuate the purposes of this subsection (e). All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and in accordance with the procedure for initiating and proposing rules by the ethics commission to the bureau of ethics and campaign finance as prescribed in § 4-55-103 .
(1) Notwithstanding § 3-6-304 or any other law to the contrary, and in addition to all other requirements for membership on the board: (A) Any person registered as a lobbyist pursuant to the registration requirements of title 3, chapter 6 who is subsequently appointed or otherwise named as a member of the board shall terminate all employment and business association as a lobbyist with any entity whose business endeavors or professional activities are regulated by the board, prior to serving as a member of the board. This subdivision (e)(1)(A) shall apply to all persons appointed or otherwise named to the board after July 1, 2010; (B) No person who is a member of the board shall be permitted to register or otherwise serve as a lobbyist pursuant to title 3, chapter 6 for any entity whose business endeavors or professional activities are regulated by the board during such person's period of service as a member of the board. This subdivision (e)(1)(B) shall apply to all persons appointed or otherwise named to the board after July 1, 2010, and to all persons serving on the board on such date who are not registered as lobbyists; and (C) No person who serves as a member of the board shall be employed as a lobbyist by any entity whose business endeavors or professional activities are regulated by the board for one (1) year following the date such person's service on the board ends. This subdivision (e)(1)(C) shall apply to persons serving on the board as of July 1, 2010, and to persons appointed to the board subsequent to such date.
(A) Any person registered as a lobbyist pursuant to the registration requirements of title 3, chapter 6 who is subsequently appointed or otherwise named as a member of the board shall terminate all employment and business association as a lobbyist with any entity whose business endeavors or professional activities are regulated by the board, prior to serving as a member of the board. This subdivision (e)(1)(A) shall apply to all persons appointed or otherwise named to the board after July 1, 2010;
(B) No person who is a member of the board shall be permitted to register or otherwise serve as a lobbyist pursuant to title 3, chapter 6 for any entity whose business endeavors or professional activities are regulated by the board during such person's period of service as a member of the board. This subdivision (e)(1)(B) shall apply to all persons appointed or otherwise named to the board after July 1, 2010, and to all persons serving on the board on such date who are not registered as lobbyists; and
(C) No person who serves as a member of the board shall be employed as a lobbyist by any entity whose business endeavors or professional activities are regulated by the board for one (1) year following the date such person's service on the board ends. This subdivision (e)(1)(C) shall apply to persons serving on the board as of July 1, 2010, and to persons appointed to the board subsequent to such date.
(2) A person who violates this subsection (e) shall be subject to the penalties prescribed in title 3, chapter 6.
(3) The bureau of ethics and campaign finance is authorized to promulgate rules and regulations to effectuate the purposes of this subsection (e). All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and in accordance with the procedure for initiating and proposing rules by the ethics commission to the bureau of ethics and campaign finance as prescribed in § 4-55-103 .
(f) Subsequent appointees to the board shall have the professional qualifications required by their predecessors and shall be appointed to five-year terms. Each member shall serve until such member's successor is appointed and qualified, unless such board member is no longer competently performing the duties of office. Any vacancy on the board shall be filled by the governor for the balance of the unexpired term. The governor may remove members of the board from office for cause.
(g) For each day engaged in the business of the board, a member shall receive as compensation one hundred dollars ($100) and shall also receive actual expenses to be paid in accordance with the comprehensive travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.
(h) The members of the board shall elect annually a chair and a secretary/treasurer.
(i) The board shall meet as frequently as shall be reasonably necessary to implement this chapter. Four (4) or more members of the board shall constitute a quorum for the purpose of transacting board business.
(j) For administrative purposes, the board shall be attached to the division of health related boards as defined in § 68-1-101 , referred to as "division" in this chapter, which shall supply support.
Acts 1995, ch. 480, § 4; T.C.A. § 63-18-203; Acts 2004, ch. 729, §2; 2008 , ch. 801, §§1, 2; 2010 , ch. 997, §§ 3, 4.
Tenn. Code Ann. § 63-22-101 — TN Code / Title 63 / Chapter 22 / Section 63-22-101
Creation of board - Composition - Members - Terms - Compensation - Meetings - Administrative functions
Status: in_force

(a) There is hereby created the board for professional counselors, marital and family therapists and clinical pastoral therapists, referred to as the "board" in this chapter. (b) (1) The board shall consist of five (5) members who shall be appointed by the governor. (2) (A) Members of the board may be appointed from lists of qualified persons submitted by interested counseling and therapy groups including, but not limited to, the Tennessee Counseling Association, the Tennessee Association for Marriage and Family Therapy, the Tennessee Association of Pastoral Therapists, and the Tennessee Licensed Professional Counselors Association. (B) In making appointments to the board, the governor shall consult with interested counseling and therapy groups including, but not limited to, the organizations listed in subdivision (b)(2)(A) to determine qualified persons to fill the positions. (3) The fifth member shall be a citizen-at-large appointed by the governor. (4) All board members shall be resident citizens of Tennessee. (5) Board candidates shall be licensed or certified prior to nomination except for the fifth member who shall be a citizen-at-large. (c) (1) Each member of the board shall serve for a term of five (5) years. (2) With the exception of the citizen-at-large member, a board member who vacates the member's seat may be replaced by a person from the same profession as that of the vacating member. (3) A vacancy of the citizen-at-large board position shall be replaced by a person appointed by the governor. (4) Members whose terms of office have expired shall continue to serve until their replacements are named. (5) In making appointments to the board, the governor shall strive to ensure that at least one (1) person serving on the board is sixty (60) years of age or older and that at least one (1) person serving on the board is a member of a racial minority. (d) A majority of the members to which the board is entitled constitutes a quorum. (e) Each member of the board shall receive fifty dollars ($50.00) per diem expenses when actually engaged in the discharge of the member's official duties and all legitimate and necessary expenses incurred in attending the meetings of the board. Each member shall be reimbursed for travel expenses in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. (f) The board shall choose one (1) of its members president, one (1) vice president, and one (1) secretary-treasurer thereof, at an annual meeting, at such place as may be selected or designated by the board. The board may meet more often if necessary, in the discretion of the board, at such times and places as it may deem proper, for the examination of applicants and for the transaction of any business that may come before it. (g) (1) The administrative functions and duties of the board are vested in the division of health related boards, referred to as "division" in this chapter. The division shall employ such persons as may be necessary for the effective and efficient discharge of the duties of the board. (2) Such administrative assistants and other employees shall be reimbursed for travel expenses in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. (h) In making appointments to the board, the governor should consider the importance of geographical diversity to this board. Whenever practicable, the governor shall strive to ensure that members on the board are from each of the three (3) grand divisions of the state. Amended by 2024 Tenn. Acts, ch. 1035,s 2, eff. 7/1/2024. Amended by 2015 Tenn. Acts, ch. 86, Secs.s 3, s 4, s 5 eff. 4/9/2015. Acts 1984, ch. 933, § 2; 1985, ch. 77, § 1; 1988, ch. 1013, § 57; 1991, ch. 141, §§ 1-3; 1991, ch. 421, §§ 1-4; 1997 , ch. 485, §§ 1-3; 2000, ch. 832, §§ 1, 2.
(a) There is hereby created the board for professional counselors, marital and family therapists and clinical pastoral therapists, referred to as the "board" in this chapter.
(b) (1) The board shall consist of five (5) members who shall be appointed by the governor. (2) (A) Members of the board may be appointed from lists of qualified persons submitted by interested counseling and therapy groups including, but not limited to, the Tennessee Counseling Association, the Tennessee Association for Marriage and Family Therapy, the Tennessee Association of Pastoral Therapists, and the Tennessee Licensed Professional Counselors Association. (B) In making appointments to the board, the governor shall consult with interested counseling and therapy groups including, but not limited to, the organizations listed in subdivision (b)(2)(A) to determine qualified persons to fill the positions. (3) The fifth member shall be a citizen-at-large appointed by the governor. (4) All board members shall be resident citizens of Tennessee. (5) Board candidates shall be licensed or certified prior to nomination except for the fifth member who shall be a citizen-at-large.
(1) The board shall consist of five (5) members who shall be appointed by the governor.
(2) (A) Members of the board may be appointed from lists of qualified persons submitted by interested counseling and therapy groups including, but not limited to, the Tennessee Counseling Association, the Tennessee Association for Marriage and Family Therapy, the Tennessee Association of Pastoral Therapists, and the Tennessee Licensed Professional Counselors Association. (B) In making appointments to the board, the governor shall consult with interested counseling and therapy groups including, but not limited to, the organizations listed in subdivision (b)(2)(A) to determine qualified persons to fill the positions.
(A) Members of the board may be appointed from lists of qualified persons submitted by interested counseling and therapy groups including, but not limited to, the Tennessee Counseling Association, the Tennessee Association for Marriage and Family Therapy, the Tennessee Association of Pastoral Therapists, and the Tennessee Licensed Professional Counselors Association.
(B) In making appointments to the board, the governor shall consult with interested counseling and therapy groups including, but not limited to, the organizations listed in subdivision (b)(2)(A) to determine qualified persons to fill the positions.
(3) The fifth member shall be a citizen-at-large appointed by the governor.
(4) All board members shall be resident citizens of Tennessee.
(5) Board candidates shall be licensed or certified prior to nomination except for the fifth member who shall be a citizen-at-large.
(c) (1) Each member of the board shall serve for a term of five (5) years. (2) With the exception of the citizen-at-large member, a board member who vacates the member's seat may be replaced by a person from the same profession as that of the vacating member. (3) A vacancy of the citizen-at-large board position shall be replaced by a person appointed by the governor. (4) Members whose terms of office have expired shall continue to serve until their replacements are named. (5) In making appointments to the board, the governor shall strive to ensure that at least one (1) person serving on the board is sixty (60) years of age or older and that at least one (1) person serving on the board is a member of a racial minority.
(1) Each member of the board shall serve for a term of five (5) years.
(2) With the exception of the citizen-at-large member, a board member who vacates the member's seat may be replaced by a person from the same profession as that of the vacating member.
(3) A vacancy of the citizen-at-large board position shall be replaced by a person appointed by the governor.
(4) Members whose terms of office have expired shall continue to serve until their replacements are named.
(5) In making appointments to the board, the governor shall strive to ensure that at least one (1) person serving on the board is sixty (60) years of age or older and that at least one (1) person serving on the board is a member of a racial minority.
(d) A majority of the members to which the board is entitled constitutes a quorum.
(e) Each member of the board shall receive fifty dollars ($50.00) per diem expenses when actually engaged in the discharge of the member's official duties and all legitimate and necessary expenses incurred in attending the meetings of the board. Each member shall be reimbursed for travel expenses in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(f) The board shall choose one (1) of its members president, one (1) vice president, and one (1) secretary-treasurer thereof, at an annual meeting, at such place as may be selected or designated by the board. The board may meet more often if necessary, in the discretion of the board, at such times and places as it may deem proper, for the examination of applicants and for the transaction of any business that may come before it.
(g) (1) The administrative functions and duties of the board are vested in the division of health related boards, referred to as "division" in this chapter. The division shall employ such persons as may be necessary for the effective and efficient discharge of the duties of the board. (2) Such administrative assistants and other employees shall be reimbursed for travel expenses in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(1) The administrative functions and duties of the board are vested in the division of health related boards, referred to as "division" in this chapter. The division shall employ such persons as may be necessary for the effective and efficient discharge of the duties of the board.
(2) Such administrative assistants and other employees shall be reimbursed for travel expenses in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(h) In making appointments to the board, the governor should consider the importance of geographical diversity to this board. Whenever practicable, the governor shall strive to ensure that members on the board are from each of the three (3) grand divisions of the state.
Amended by 2024 Tenn. Acts, ch. 1035,s 2, eff. 7/1/2024.
Amended by 2015 Tenn. Acts, ch. 86, Secs.s 3, s 4, s 5 eff. 4/9/2015.
Acts 1984, ch. 933, § 2; 1985, ch. 77, § 1; 1988, ch. 1013, § 57; 1991, ch. 141, §§ 1-3; 1991, ch. 421, §§ 1-4; 1997 , ch. 485, §§ 1-3; 2000, ch. 832, §§ 1, 2.
Tenn. Code Ann. § 63-7-120 — TN Code / Title 63 / Chapter 7 / Section 63-7-120
Violations and penalties
Status: in_force

(a) It is a Class B misdemeanor for any person, corporation or association to: (1) Sell or fraudulently obtain or furnish any nursing diploma, license or record, or aid or abet therein; (2) Practice nursing as defined by this chapter under cover of any diploma, license or record illegally or fraudulently obtained or assigned or issued unlawfully or under fraudulent representation; (3) Practice nursing as defined by this chapter unless duly licensed to do so under this chapter; (4) Use in connection with the person's name any designation tending to imply that the person is a registered nurse or a licensed practical nurse unless duly licensed so to practice under this chapter; (5) Practice nursing during the time the person's license issued under this chapter is suspended or revoked; (6) Conduct a school of nursing or a program for the training of practical nurses unless the school or program has been approved by the board; or (7) Otherwise violate any provisions of this chapter. (b) Legal procedure in prosecution of violations of this section shall be in accordance with general statutes. Acts 1967, ch. 78, § 29; 1976, ch. 501, § 11; T.C.A., § 63-757; Acts 1989, ch. 591, § 112.
(a) It is a Class B misdemeanor for any person, corporation or association to: (1) Sell or fraudulently obtain or furnish any nursing diploma, license or record, or aid or abet therein; (2) Practice nursing as defined by this chapter under cover of any diploma, license or record illegally or fraudulently obtained or assigned or issued unlawfully or under fraudulent representation; (3) Practice nursing as defined by this chapter unless duly licensed to do so under this chapter; (4) Use in connection with the person's name any designation tending to imply that the person is a registered nurse or a licensed practical nurse unless duly licensed so to practice under this chapter; (5) Practice nursing during the time the person's license issued under this chapter is suspended or revoked; (6) Conduct a school of nursing or a program for the training of practical nurses unless the school or program has been approved by the board; or (7) Otherwise violate any provisions of this chapter.
(1) Sell or fraudulently obtain or furnish any nursing diploma, license or record, or aid or abet therein;
(2) Practice nursing as defined by this chapter under cover of any diploma, license or record illegally or fraudulently obtained or assigned or issued unlawfully or under fraudulent representation;
(3) Practice nursing as defined by this chapter unless duly licensed to do so under this chapter;
(4) Use in connection with the person's name any designation tending to imply that the person is a registered nurse or a licensed practical nurse unless duly licensed so to practice under this chapter;
(5) Practice nursing during the time the person's license issued under this chapter is suspended or revoked;
(6) Conduct a school of nursing or a program for the training of practical nurses unless the school or program has been approved by the board; or
(7) Otherwise violate any provisions of this chapter.
(b) Legal procedure in prosecution of violations of this section shall be in accordance with general statutes.
Acts 1967, ch. 78, § 29; 1976, ch. 501, § 11; T.C.A., § 63-757; Acts 1989, ch. 591, § 112.
Tenn. Code Ann. § 63-6-101 — TN Code / Title 63 / Chapter 6 / Section 63-6-101
Creation - Composition - Administrative support - Consultants
Status: in_force

(a) (1) There shall be a board to be known as the board of medical examiners, referred to in this chapter as the "board," to consist of twelve (12) members. Nine (9) members shall be duly licensed physicians, each of whom must meet the following qualifications: (A) Graduation from a medical school whose curriculum is substantially similar to, and whose educational standards are as high as that of, the medical department of the University of Tennessee, as published at the time of its extant catalogue; and (B) Not less than six (6) years experience in the practice of either medicine or surgery or both. (2) Three (3) members shall be nonphysicians who are consumers of health care and who neither own nor have any financial or other interest in any health care facility or business or school of medicine or other allied health care practitioner educational program and who shall represent the public at large. (3) It shall be the board's duty to examine the qualifications of all applicants for certification of fitness to practice medicine or surgery in this state, to conduct disciplinary hearings, and to make such rules and regulations as are necessary to carry out and make effective this chapter. Any rules and regulations promulgated by the board shall comply with all requirements of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. No member shall be employed by or be a member of the governing body of, or have a financial interest in, any medical school, college or university of the state or of any school, college or university in which allied health care practitioners who are under the regulation of the board receive their qualifying education. (4) [Deleted by 2024 amendment.] (b) The board shall receive administrative support from the division of health related boards in the department of health, referred to as the "division" in this chapter. (c) (1) The division shall consult the board in the hiring of a medical consultant. A licensed physician, hired by the division in consultation with the board as described in this subdivision (c)(1), and designated and authorized by the board, is vested with authority as a consultant to the board to do the following: (A) Review and make recommendations to the board on licensure, certification, exemption, renewal, reinstatement, and reactivation applications subject to the rules governing those respective applications; (B) In consultation with the office of general counsel, determine what, if any, investigation should be instituted upon complaints received by the division; (C) In consultation with the office of general counsel and in accordance with board guidelines, decide whether a licensee who is the subject of a complaint or an investigation is an appropriate candidate for diversion to a professional peer review organization or impaired professional association; (D) In consultation with the office of general counsel, determine what, if any, complaints or investigations should be referred to the office of general counsel to pursue formal disciplinary action; (E) In consultation with the office of general counsel, determine what, if any, terms of proposed settlement may be offered in any matter referred to the office of general counsel to pursue formal disciplinary action. However, a proposed settlement is not binding upon any party unless and until it is accepted by a majority vote of the entire board or a duly constituted panel of the board; and (F) In consultation with the office of general counsel, determine the terms upon which the division can agree to tentatively settle pending disciplinary actions. However, a tentative settlement is not binding upon a party unless and until it is accepted by a majority of the entire board or a duly constituted panel of the board. (2) The board may withdraw its designation and authorization for a consultant to perform all or part of the acts listed in subdivision (c)(1). (3) The department shall provide biannual surveys to the board for its feedback and review of the consultant described in this subsection (c). (4) The board may promulgate rules regarding how it will review the work of consultants described in this subsection (c). Amended by 2024 Tenn. Acts, ch. 944,s 5, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 252, s 1, eff. 4/28/2023. Acts 1901, ch. 78, § 2; Shan., § 3096a14; Code 1932, § 6919; Acts 1945, ch. 181, § 1; impl. am. Acts 1947, ch. 9, §§ 2-4, 9; mod. C. Supp. 1950, § 6919; T.C.A. (orig. ed.), § 63-601; Acts 1982, ch. 905, § 1; 1984, ch. 937, § 26; 1993, ch. 404, § 1; 1996, ch. 1043, § 1.
(a) (1) There shall be a board to be known as the board of medical examiners, referred to in this chapter as the "board," to consist of twelve (12) members. Nine (9) members shall be duly licensed physicians, each of whom must meet the following qualifications: (A) Graduation from a medical school whose curriculum is substantially similar to, and whose educational standards are as high as that of, the medical department of the University of Tennessee, as published at the time of its extant catalogue; and (B) Not less than six (6) years experience in the practice of either medicine or surgery or both. (2) Three (3) members shall be nonphysicians who are consumers of health care and who neither own nor have any financial or other interest in any health care facility or business or school of medicine or other allied health care practitioner educational program and who shall represent the public at large. (3) It shall be the board's duty to examine the qualifications of all applicants for certification of fitness to practice medicine or surgery in this state, to conduct disciplinary hearings, and to make such rules and regulations as are necessary to carry out and make effective this chapter. Any rules and regulations promulgated by the board shall comply with all requirements of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. No member shall be employed by or be a member of the governing body of, or have a financial interest in, any medical school, college or university of the state or of any school, college or university in which allied health care practitioners who are under the regulation of the board receive their qualifying education. (4) [Deleted by 2024 amendment.]
(1) There shall be a board to be known as the board of medical examiners, referred to in this chapter as the "board," to consist of twelve (12) members. Nine (9) members shall be duly licensed physicians, each of whom must meet the following qualifications: (A) Graduation from a medical school whose curriculum is substantially similar to, and whose educational standards are as high as that of, the medical department of the University of Tennessee, as published at the time of its extant catalogue; and (B) Not less than six (6) years experience in the practice of either medicine or surgery or both.
(A) Graduation from a medical school whose curriculum is substantially similar to, and whose educational standards are as high as that of, the medical department of the University of Tennessee, as published at the time of its extant catalogue; and
(B) Not less than six (6) years experience in the practice of either medicine or surgery or both.
(2) Three (3) members shall be nonphysicians who are consumers of health care and who neither own nor have any financial or other interest in any health care facility or business or school of medicine or other allied health care practitioner educational program and who shall represent the public at large.
(3) It shall be the board's duty to examine the qualifications of all applicants for certification of fitness to practice medicine or surgery in this state, to conduct disciplinary hearings, and to make such rules and regulations as are necessary to carry out and make effective this chapter. Any rules and regulations promulgated by the board shall comply with all requirements of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. No member shall be employed by or be a member of the governing body of, or have a financial interest in, any medical school, college or university of the state or of any school, college or university in which allied health care practitioners who are under the regulation of the board receive their qualifying education.
(4) [Deleted by 2024 amendment.]
(b) The board shall receive administrative support from the division of health related boards in the department of health, referred to as the "division" in this chapter.
(c) (1) The division shall consult the board in the hiring of a medical consultant. A licensed physician, hired by the division in consultation with the board as described in this subdivision (c)(1), and designated and authorized by the board, is vested with authority as a consultant to the board to do the following: (A) Review and make recommendations to the board on licensure, certification, exemption, renewal, reinstatement, and reactivation applications subject to the rules governing those respective applications; (B) In consultation with the office of general counsel, determine what, if any, investigation should be instituted upon complaints received by the division; (C) In consultation with the office of general counsel and in accordance with board guidelines, decide whether a licensee who is the subject of a complaint or an investigation is an appropriate candidate for diversion to a professional peer review organization or impaired professional association; (D) In consultation with the office of general counsel, determine what, if any, complaints or investigations should be referred to the office of general counsel to pursue formal disciplinary action; (E) In consultation with the office of general counsel, determine what, if any, terms of proposed settlement may be offered in any matter referred to the office of general counsel to pursue formal disciplinary action. However, a proposed settlement is not binding upon any party unless and until it is accepted by a majority vote of the entire board or a duly constituted panel of the board; and (F) In consultation with the office of general counsel, determine the terms upon which the division can agree to tentatively settle pending disciplinary actions. However, a tentative settlement is not binding upon a party unless and until it is accepted by a majority of the entire board or a duly constituted panel of the board. (2) The board may withdraw its designation and authorization for a consultant to perform all or part of the acts listed in subdivision (c)(1). (3) The department shall provide biannual surveys to the board for its feedback and review of the consultant described in this subsection (c). (4) The board may promulgate rules regarding how it will review the work of consultants described in this subsection (c).
(1) The division shall consult the board in the hiring of a medical consultant. A licensed physician, hired by the division in consultation with the board as described in this subdivision (c)(1), and designated and authorized by the board, is vested with authority as a consultant to the board to do the following: (A) Review and make recommendations to the board on licensure, certification, exemption, renewal, reinstatement, and reactivation applications subject to the rules governing those respective applications; (B) In consultation with the office of general counsel, determine what, if any, investigation should be instituted upon complaints received by the division; (C) In consultation with the office of general counsel and in accordance with board guidelines, decide whether a licensee who is the subject of a complaint or an investigation is an appropriate candidate for diversion to a professional peer review organization or impaired professional association; (D) In consultation with the office of general counsel, determine what, if any, complaints or investigations should be referred to the office of general counsel to pursue formal disciplinary action; (E) In consultation with the office of general counsel, determine what, if any, terms of proposed settlement may be offered in any matter referred to the office of general counsel to pursue formal disciplinary action. However, a proposed settlement is not binding upon any party unless and until it is accepted by a majority vote of the entire board or a duly constituted panel of the board; and (F) In consultation with the office of general counsel, determine the terms upon which the division can agree to tentatively settle pending disciplinary actions. However, a tentative settlement is not binding upon a party unless and until it is accepted by a majority of the entire board or a duly constituted panel of the board.
(A) Review and make recommendations to the board on licensure, certification, exemption, renewal, reinstatement, and reactivation applications subject to the rules governing those respective applications;
(B) In consultation with the office of general counsel, determine what, if any, investigation should be instituted upon complaints received by the division;
(C) In consultation with the office of general counsel and in accordance with board guidelines, decide whether a licensee who is the subject of a complaint or an investigation is an appropriate candidate for diversion to a professional peer review organization or impaired professional association;
(D) In consultation with the office of general counsel, determine what, if any, complaints or investigations should be referred to the office of general counsel to pursue formal disciplinary action;
(E) In consultation with the office of general counsel, determine what, if any, terms of proposed settlement may be offered in any matter referred to the office of general counsel to pursue formal disciplinary action. However, a proposed settlement is not binding upon any party unless and until it is accepted by a majority vote of the entire board or a duly constituted panel of the board; and
(F) In consultation with the office of general counsel, determine the terms upon which the division can agree to tentatively settle pending disciplinary actions. However, a tentative settlement is not binding upon a party unless and until it is accepted by a majority of the entire board or a duly constituted panel of the board.
(2) The board may withdraw its designation and authorization for a consultant to perform all or part of the acts listed in subdivision (c)(1).
(3) The department shall provide biannual surveys to the board for its feedback and review of the consultant described in this subsection (c).
(4) The board may promulgate rules regarding how it will review the work of consultants described in this subsection (c).
Amended by 2024 Tenn. Acts, ch. 944,s 5, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 252, s 1, eff. 4/28/2023.
Acts 1901, ch. 78, § 2; Shan., § 3096a14; Code 1932, § 6919; Acts 1945, ch. 181, § 1; impl. am. Acts 1947, ch. 9, §§ 2-4, 9; mod. C. Supp. 1950, § 6919; T.C.A. (orig. ed.), § 63-601; Acts 1982, ch. 905, § 1; 1984, ch. 937, § 26; 1993, ch. 404, § 1; 1996, ch. 1043, § 1.
Tenn. Code Ann. § 63-22-122 — TN Code / Title 63 / Chapter 22 / Section 63-22-122
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Appraisal activities" means selecting, administering, scoring and interpreting instruments designed to assess an individual's aptitudes, achievements or interests, which are used to understand, measure or facilitate such individual's normal human growth and development, but does not include the use of projective techniques in the assessment of personality, nor the use of psychological or clinical tests designed to identify or classify abnormal or pathological human behavior, nor the use of individually administered intelligence tests. Consistent with each counselor's formal education and training, licensed professional counselors may administer and utilize appropriate assessment instruments that measure and/or diagnose problems and/or dysfunctions within the context of human growth and development as part of the counseling process or in the development of a treatment plan; (2) "Counseling" means assisting an individual, through the counseling relationship, in a manner intended to facilitate normal human growth and development, using a combination of mental health and human development principles, methods and techniques, to achieve mental, emotional, physical, social, moral, educational, spiritual and/or career development and adjustment throughout the life span; (3) "Licensed professional counselor" means a person licensed under this part who is professionally trained in counseling and guidance services designed to facilitate normal human growth and development through individual, family or group counseling, educational procedures, assessment, consultation and research and who assists individuals by the practice of counseling with their personal, social, career or educational development as they pass through life stages; (4) "Practice of counseling" means rendering or offering to render to individuals, groups, organizations or the general public any service involving the application of principles, techniques, methods or procedures of the counseling profession, including appraisal activities, counseling, consulting and referral activities. Nothing in this section shall be construed to permit the treatment of any mental, emotional or adjustment disorder other than marital problems, parent-child problems, child and adolescent antisocial behavior, adult antisocial behavior, other specified family circumstances, other interpersonal problems, phase of life problems, other life circumstance problems, occupational problems and uncomplicated bereavement, except as provided in subdivision (5); and (5) "Practice of counseling as a mental health service provider" means the application of mental health and human development principles in order to: (A) Facilitate human development and adjustment throughout the life span; (B) Prevent, diagnose, and treat mental, emotional or behavioral disorders and associated disorders that interfere with mental health; (C) Conduct assessments and diagnoses for the purpose of establishing treatment goals and objectives within the limitations prescribed in subdivision (1); and (D) Plan, implement and evaluate treatment plans using counseling treatment interventions. "Counseling treatment interventions" means the application of cognitive, affective, behavioral and systemic counseling strategies that include principles of development, wellness and pathology that reflect a pluralistic society. Nothing in this definition shall be construed to permit the performance of any act that licensed professional counselors designated as mental health service providers are not educated and trained to perform, nor shall it be construed to permit the designation of testing reports as "psychological." Acts 1991, ch. 421, § 15; 1995, ch. 318, §§ 5, 6.
As used in this part, unless the context otherwise requires:
(1) "Appraisal activities" means selecting, administering, scoring and interpreting instruments designed to assess an individual's aptitudes, achievements or interests, which are used to understand, measure or facilitate such individual's normal human growth and development, but does not include the use of projective techniques in the assessment of personality, nor the use of psychological or clinical tests designed to identify or classify abnormal or pathological human behavior, nor the use of individually administered intelligence tests. Consistent with each counselor's formal education and training, licensed professional counselors may administer and utilize appropriate assessment instruments that measure and/or diagnose problems and/or dysfunctions within the context of human growth and development as part of the counseling process or in the development of a treatment plan;
(2) "Counseling" means assisting an individual, through the counseling relationship, in a manner intended to facilitate normal human growth and development, using a combination of mental health and human development principles, methods and techniques, to achieve mental, emotional, physical, social, moral, educational, spiritual and/or career development and adjustment throughout the life span;
(3) "Licensed professional counselor" means a person licensed under this part who is professionally trained in counseling and guidance services designed to facilitate normal human growth and development through individual, family or group counseling, educational procedures, assessment, consultation and research and who assists individuals by the practice of counseling with their personal, social, career or educational development as they pass through life stages;
(4) "Practice of counseling" means rendering or offering to render to individuals, groups, organizations or the general public any service involving the application of principles, techniques, methods or procedures of the counseling profession, including appraisal activities, counseling, consulting and referral activities. Nothing in this section shall be construed to permit the treatment of any mental, emotional or adjustment disorder other than marital problems, parent-child problems, child and adolescent antisocial behavior, adult antisocial behavior, other specified family circumstances, other interpersonal problems, phase of life problems, other life circumstance problems, occupational problems and uncomplicated bereavement, except as provided in subdivision (5); and
(5) "Practice of counseling as a mental health service provider" means the application of mental health and human development principles in order to: (A) Facilitate human development and adjustment throughout the life span; (B) Prevent, diagnose, and treat mental, emotional or behavioral disorders and associated disorders that interfere with mental health; (C) Conduct assessments and diagnoses for the purpose of establishing treatment goals and objectives within the limitations prescribed in subdivision (1); and (D) Plan, implement and evaluate treatment plans using counseling treatment interventions. "Counseling treatment interventions" means the application of cognitive, affective, behavioral and systemic counseling strategies that include principles of development, wellness and pathology that reflect a pluralistic society. Nothing in this definition shall be construed to permit the performance of any act that licensed professional counselors designated as mental health service providers are not educated and trained to perform, nor shall it be construed to permit the designation of testing reports as "psychological."
(A) Facilitate human development and adjustment throughout the life span;
(B) Prevent, diagnose, and treat mental, emotional or behavioral disorders and associated disorders that interfere with mental health;
(C) Conduct assessments and diagnoses for the purpose of establishing treatment goals and objectives within the limitations prescribed in subdivision (1); and
(D) Plan, implement and evaluate treatment plans using counseling treatment interventions. "Counseling treatment interventions" means the application of cognitive, affective, behavioral and systemic counseling strategies that include principles of development, wellness and pathology that reflect a pluralistic society. Nothing in this definition shall be construed to permit the performance of any act that licensed professional counselors designated as mental health service providers are not educated and trained to perform, nor shall it be construed to permit the designation of testing reports as "psychological."
Acts 1991, ch. 421, § 15; 1995, ch. 318, §§ 5, 6.
Tenn. Code Ann. § 63-5-129 — TN Code / Title 63 / Chapter 5 / Section 63-5-129
Retirement
Status: in_force

Any person licensed to practice dentistry or dental hygiene in this state who has retired or may hereafter retire from such practice in this state is not required to register as required by this chapter; provided, that such person files with the board an affidavit on a form to be furnished by the board, which affidavit states the date on which such person retired from such practice and other such facts as tend to verify such retirement as the board deems necessary. If such person thereafter reengages in the practice of dentistry or dental hygiene in this state, such person shall apply for registration with the board as provided by this chapter. Acts 1965, ch. 216, § 2; 1978, ch. 824, § 19; T.C.A., § 63-559; Acts 1990, ch. 1031, § 28.
Any person licensed to practice dentistry or dental hygiene in this state who has retired or may hereafter retire from such practice in this state is not required to register as required by this chapter; provided, that such person files with the board an affidavit on a form to be furnished by the board, which affidavit states the date on which such person retired from such practice and other such facts as tend to verify such retirement as the board deems necessary. If such person thereafter reengages in the practice of dentistry or dental hygiene in this state, such person shall apply for registration with the board as provided by this chapter.
Acts 1965, ch. 216, § 2; 1978, ch. 824, § 19; T.C.A., § 63-559; Acts 1990, ch. 1031, § 28.
Tenn. Code Ann. § 63-1-154 — TN Code / Title 63 / Chapter 1 / Section 63-1-154
Health care prescriber prohibited from dispensing an opioid or benzodiazepine - Exceptions - Disposition of undispensed inventory
Status: in_force

(a) Except as provided in § 63-1-313 , a health care prescriber licensed under this title may not dispense an opioid or benzodiazepine. This section shall not apply to: (1) The dispensing of complimentary packages of medicinal drugs that are labeled as a drug sample or complimentary drug to the practitioner's own patients in the regular course of practice without the payment of a fee or remuneration of any kind; (2) The dispensing of opioids or benzodiazepines in the health care system of the department of correction; (3) The dispensing of opioids or benzodiazepines in connection with the performance of a surgical procedure performed at a licensed health care facility. The amount dispensed pursuant to this subdivision (a)(3) may not exceed a seven-day supply. This exception does not allow for the dispensing of an opioid or benzodiazepine more than seven (7) days after the performance of the surgical procedure; (4) The dispensing of opioids or benzodiazepines pursuant to an approved clinical trial. For purposes of this subsection (a), the term "approved clinical trial" means a clinical research study or clinical investigation that, in whole or in part, is state or federally funded or is conducted under an investigational new drug application that is reviewed by the United States food and drug administration; (5) The dispensing of an opioid drug in a nonresidential substitution-based treatment center for opiate addiction, as defined in § 68-11-1602 ; (6) The dispensing of an opioid or benzodiazepine to a patient of a facility that is licensed by the board for licensing health care facilities pursuant to § 68-11-202 ; (7) The dispensing of an opioid or benzodiazepine to a patient of a facility licensed under title 33; (8) The dispensing of an opioid or benzodiazepine by a physician practice that provides healthcare services that: (A) Dispenses opioids and benzodiazepines, as directed by the patient's prescription, in safety-sealed, prepackaged containers stamped with the manufacturer's national drug code (NDC) number; (B) Administers and records pill-counts for opioids or benzodiazepines in order to ensure patient compliance with the prescription; (C) Dispenses noncontrolled substances which amount to at least fifty percent (50%) of the prescriptions filled annually from the practice; and (D) Submits controlled substance dispensing information to the controlled substances monitoring database under the Tennessee Prescription Safety Act of 2016, compiled in title 53, chapter 10, part 3, according to the requirements of state law; or (9) The dispensing of an opioid or benzodiazepine by a veterinarian in the course of the veterinarian's practice. (b) Within ten (10) days after January 1, 2015, each medical practitioner licensed under this title, unless the practitioner meets one (1) of the exceptions listed in subsection (a), shall ensure that the undispensed inventory of opioids and benzodiazepines purchased under the prescriber's drug enforcement administration number for dispensing is: (1) Returned in compliance with this section to a licensed third party reverse distributor; or (2) Turned in to local law enforcement agencies and abandoned. (c) Wholesalers shall buy back the undispensed inventory of opioids and benzodiazepines, which are in the manufacturer's original packing, unopened, and in date, in accordance with the established policies of the wholesaler or the contractual terms between the wholesaler and the practitioner concerning returns. Amended by 2016 Tenn. Acts, ch. 973, s 1, eff. 4/27/2016. Added by 2014 Tenn. Acts, ch. 983,s 3, eff. 1/1/2015.
(a) Except as provided in § 63-1-313 , a health care prescriber licensed under this title may not dispense an opioid or benzodiazepine. This section shall not apply to: (1) The dispensing of complimentary packages of medicinal drugs that are labeled as a drug sample or complimentary drug to the practitioner's own patients in the regular course of practice without the payment of a fee or remuneration of any kind; (2) The dispensing of opioids or benzodiazepines in the health care system of the department of correction; (3) The dispensing of opioids or benzodiazepines in connection with the performance of a surgical procedure performed at a licensed health care facility. The amount dispensed pursuant to this subdivision (a)(3) may not exceed a seven-day supply. This exception does not allow for the dispensing of an opioid or benzodiazepine more than seven (7) days after the performance of the surgical procedure; (4) The dispensing of opioids or benzodiazepines pursuant to an approved clinical trial. For purposes of this subsection (a), the term "approved clinical trial" means a clinical research study or clinical investigation that, in whole or in part, is state or federally funded or is conducted under an investigational new drug application that is reviewed by the United States food and drug administration; (5) The dispensing of an opioid drug in a nonresidential substitution-based treatment center for opiate addiction, as defined in § 68-11-1602 ; (6) The dispensing of an opioid or benzodiazepine to a patient of a facility that is licensed by the board for licensing health care facilities pursuant to § 68-11-202 ; (7) The dispensing of an opioid or benzodiazepine to a patient of a facility licensed under title 33; (8) The dispensing of an opioid or benzodiazepine by a physician practice that provides healthcare services that: (A) Dispenses opioids and benzodiazepines, as directed by the patient's prescription, in safety-sealed, prepackaged containers stamped with the manufacturer's national drug code (NDC) number; (B) Administers and records pill-counts for opioids or benzodiazepines in order to ensure patient compliance with the prescription; (C) Dispenses noncontrolled substances which amount to at least fifty percent (50%) of the prescriptions filled annually from the practice; and (D) Submits controlled substance dispensing information to the controlled substances monitoring database under the Tennessee Prescription Safety Act of 2016, compiled in title 53, chapter 10, part 3, according to the requirements of state law; or (9) The dispensing of an opioid or benzodiazepine by a veterinarian in the course of the veterinarian's practice.
(1) The dispensing of complimentary packages of medicinal drugs that are labeled as a drug sample or complimentary drug to the practitioner's own patients in the regular course of practice without the payment of a fee or remuneration of any kind;
(2) The dispensing of opioids or benzodiazepines in the health care system of the department of correction;
(3) The dispensing of opioids or benzodiazepines in connection with the performance of a surgical procedure performed at a licensed health care facility. The amount dispensed pursuant to this subdivision (a)(3) may not exceed a seven-day supply. This exception does not allow for the dispensing of an opioid or benzodiazepine more than seven (7) days after the performance of the surgical procedure;
(4) The dispensing of opioids or benzodiazepines pursuant to an approved clinical trial. For purposes of this subsection (a), the term "approved clinical trial" means a clinical research study or clinical investigation that, in whole or in part, is state or federally funded or is conducted under an investigational new drug application that is reviewed by the United States food and drug administration;
(5) The dispensing of an opioid drug in a nonresidential substitution-based treatment center for opiate addiction, as defined in § 68-11-1602 ;
(6) The dispensing of an opioid or benzodiazepine to a patient of a facility that is licensed by the board for licensing health care facilities pursuant to § 68-11-202 ;
(7) The dispensing of an opioid or benzodiazepine to a patient of a facility licensed under title 33;
(8) The dispensing of an opioid or benzodiazepine by a physician practice that provides healthcare services that: (A) Dispenses opioids and benzodiazepines, as directed by the patient's prescription, in safety-sealed, prepackaged containers stamped with the manufacturer's national drug code (NDC) number; (B) Administers and records pill-counts for opioids or benzodiazepines in order to ensure patient compliance with the prescription; (C) Dispenses noncontrolled substances which amount to at least fifty percent (50%) of the prescriptions filled annually from the practice; and (D) Submits controlled substance dispensing information to the controlled substances monitoring database under the Tennessee Prescription Safety Act of 2016, compiled in title 53, chapter 10, part 3, according to the requirements of state law; or
(A) Dispenses opioids and benzodiazepines, as directed by the patient's prescription, in safety-sealed, prepackaged containers stamped with the manufacturer's national drug code (NDC) number;
(B) Administers and records pill-counts for opioids or benzodiazepines in order to ensure patient compliance with the prescription;
(C) Dispenses noncontrolled substances which amount to at least fifty percent (50%) of the prescriptions filled annually from the practice; and
(D) Submits controlled substance dispensing information to the controlled substances monitoring database under the Tennessee Prescription Safety Act of 2016, compiled in title 53, chapter 10, part 3, according to the requirements of state law; or
(9) The dispensing of an opioid or benzodiazepine by a veterinarian in the course of the veterinarian's practice.
(b) Within ten (10) days after January 1, 2015, each medical practitioner licensed under this title, unless the practitioner meets one (1) of the exceptions listed in subsection (a), shall ensure that the undispensed inventory of opioids and benzodiazepines purchased under the prescriber's drug enforcement administration number for dispensing is: (1) Returned in compliance with this section to a licensed third party reverse distributor; or (2) Turned in to local law enforcement agencies and abandoned.
(1) Returned in compliance with this section to a licensed third party reverse distributor; or
(2) Turned in to local law enforcement agencies and abandoned.
(c) Wholesalers shall buy back the undispensed inventory of opioids and benzodiazepines, which are in the manufacturer's original packing, unopened, and in date, in accordance with the established policies of the wholesaler or the contractual terms between the wholesaler and the practitioner concerning returns.
Amended by 2016 Tenn. Acts, ch. 973, s 1, eff. 4/27/2016.
Added by 2014 Tenn. Acts, ch. 983,s 3, eff. 1/1/2015.
Tenn. Code Ann. § 63-19-302 — TN Code / Title 63 / Chapter 19 / Section 63-19-302
Purpose
Status: in_force

(a) In order to strengthen access to Medical Services, and in recognition of the advances in the delivery of Medical Services, the Participating States of the PA Licensure Compact have allied in common purpose to develop a comprehensive process that complements the existing authority of State Licensing Boards to license and discipline Physician Assistants and seeks to enhance the portability of a License to practice as a Physician Assistant while safeguarding the safety of patients. This Compact allows Medical Services to be provided by Physician Assistants, via the mutual recognition of the Licensee's Qualifying License by other Compact Participating States. This Compact also adopts the prevailing standard for Physician Assistant licensure and affirms that the practice and delivery of Medical Services by the Physician Assistant occurs where the patient is located at the time of the patient encounter, and therefore requires the Physician Assistant to be under the jurisdiction of the State Licensing Board where the patient is located. State Licensing Boards that participate in this Compact retain the jurisdiction to impose Adverse Action against a Compact Privilege in that State issued to a Physician Assistant through the procedures of this Compact. (b) The PA Licensure Compact will alleviate burdens for military families by allowing active duty military personnel and their spouses to obtain a Compact Privilege based on having an unrestricted License in good standing from a Participating State. Added by 2024 Tenn. Acts, ch. 1018,s 1, eff. 1/1/2025.
(a) In order to strengthen access to Medical Services, and in recognition of the advances in the delivery of Medical Services, the Participating States of the PA Licensure Compact have allied in common purpose to develop a comprehensive process that complements the existing authority of State Licensing Boards to license and discipline Physician Assistants and seeks to enhance the portability of a License to practice as a Physician Assistant while safeguarding the safety of patients. This Compact allows Medical Services to be provided by Physician Assistants, via the mutual recognition of the Licensee's Qualifying License by other Compact Participating States. This Compact also adopts the prevailing standard for Physician Assistant licensure and affirms that the practice and delivery of Medical Services by the Physician Assistant occurs where the patient is located at the time of the patient encounter, and therefore requires the Physician Assistant to be under the jurisdiction of the State Licensing Board where the patient is located. State Licensing Boards that participate in this Compact retain the jurisdiction to impose Adverse Action against a Compact Privilege in that State issued to a Physician Assistant through the procedures of this Compact.
(b) The PA Licensure Compact will alleviate burdens for military families by allowing active duty military personnel and their spouses to obtain a Compact Privilege based on having an unrestricted License in good standing from a Participating State.
Added by 2024 Tenn. Acts, ch. 1018,s 1, eff. 1/1/2025.
Tenn. Code Ann. § 63-4-111 — TN Code / Title 63 / Chapter 4 / Section 63-4-111
Reciprocity
Status: in_force

(a) Applicants possessing a valid unrestricted license to practice chiropractic in another state or other regulated jurisdiction for a period of two (2) full years are not required to be examined pursuant to § 63-4-110 and may obtain a license by fulfilling the following: (1) Providing documentation from the state or jurisdiction of prior practice attesting to the length of time in practice, together with any disciplinary action taken against the licensee while in practice; (2) Passing the Special Purposes Examination for Chiropractors (SPEC) by the national board or its successor; and (3) Fulfilling all other requirements of this chapter. (b) (1) When the board receives a completed application for licensure from an applicant who is licensed in another state or territory of the United States or in the District of Columbia, then the board shall, within sixty (60) days from the date the board receives the completed application: (A) Render a decision on the application; or (B) Inform the applicant of the need to appear before the board. (2) As used in this subsection (b), "completed application" means an application that satisfies all statutory and board rule requirements. Amended by 2023 Tenn. Acts, ch. 426, s 3, eff. 5/11/2023. Acts 1923, ch. 9, § 11; Shan. Supp., § 3654a125; Code 1932, §7019; Acts 1939, ch. 116, § 5; impl. am. Acts 1947, ch. 9, §§2-4, 9; C. Supp. 1950, § 7019; Acts 1975, ch. 246, § 1; 1976, ch. 781, § 9; T.C.A. (orig. ed.), § 63-413; Acts 1983, ch. 205, § 3; 2000, ch. 618, § 5.
(a) Applicants possessing a valid unrestricted license to practice chiropractic in another state or other regulated jurisdiction for a period of two (2) full years are not required to be examined pursuant to § 63-4-110 and may obtain a license by fulfilling the following: (1) Providing documentation from the state or jurisdiction of prior practice attesting to the length of time in practice, together with any disciplinary action taken against the licensee while in practice; (2) Passing the Special Purposes Examination for Chiropractors (SPEC) by the national board or its successor; and (3) Fulfilling all other requirements of this chapter.
(1) Providing documentation from the state or jurisdiction of prior practice attesting to the length of time in practice, together with any disciplinary action taken against the licensee while in practice;
(2) Passing the Special Purposes Examination for Chiropractors (SPEC) by the national board or its successor; and
(3) Fulfilling all other requirements of this chapter.
(b) (1) When the board receives a completed application for licensure from an applicant who is licensed in another state or territory of the United States or in the District of Columbia, then the board shall, within sixty (60) days from the date the board receives the completed application: (A) Render a decision on the application; or (B) Inform the applicant of the need to appear before the board. (2) As used in this subsection (b), "completed application" means an application that satisfies all statutory and board rule requirements.
(1) When the board receives a completed application for licensure from an applicant who is licensed in another state or territory of the United States or in the District of Columbia, then the board shall, within sixty (60) days from the date the board receives the completed application: (A) Render a decision on the application; or (B) Inform the applicant of the need to appear before the board.
(A) Render a decision on the application; or
(B) Inform the applicant of the need to appear before the board.
(2) As used in this subsection (b), "completed application" means an application that satisfies all statutory and board rule requirements.
Amended by 2023 Tenn. Acts, ch. 426, s 3, eff. 5/11/2023.
Acts 1923, ch. 9, § 11; Shan. Supp., § 3654a125; Code 1932, §7019; Acts 1939, ch. 116, § 5; impl. am. Acts 1947, ch. 9, §§2-4, 9; C. Supp. 1950, § 7019; Acts 1975, ch. 246, § 1; 1976, ch. 781, § 9; T.C.A. (orig. ed.), § 63-413; Acts 1983, ch. 205, § 3; 2000, ch. 618, § 5.
Tenn. Code Ann. § 63-11-226 — TN Code / Title 63 / Chapter 11 / Section 63-11-226
Notice to patients of departure
Status: in_force

Psychologists, senior psychological examiners and psychological examiners are not required to notify patients that were treated by them at community mental health centers, as defined in § 33-1-101 , of their departure from such community mental health centers. Patient records shall remain with the community mental health centers. The transfer of patients' records shall be in compliance with standards set by state and federal law. Acts 2005, ch. 53, § 1.
Psychologists, senior psychological examiners and psychological examiners are not required to notify patients that were treated by them at community mental health centers, as defined in § 33-1-101 , of their departure from such community mental health centers. Patient records shall remain with the community mental health centers. The transfer of patients' records shall be in compliance with standards set by state and federal law.
Acts 2005, ch. 53, § 1.
Tenn. Code Ann. § 63-14-110 — TN Code / Title 63 / Chapter 14 / Section 63-14-110
Penalties
Status: in_force

(a) (1) Any person who practices as a dispensing optician as defined in this chapter without first complying with this chapter or who violates any of this chapter commits a Class B misdemeanor. (2) Each time any person practices as a dispensing optician without meeting all the requirements of this chapter and of any other law, a compliance with which may hereafter be prescribed as a condition precedent to the practice of such profession, constitutes a separate offense. (3) All fines for offenses for the violation of this chapter shall be paid over to the board and shall be paid to the state treasurer as all other funds received by the board. (b) Nothing in this chapter shall be construed as applying to physicians or optometrists licensed under the laws of this state to practice their professions, nor shall such licensed physicians or optometrists be subject to the jurisdiction of the board created by this chapter. Acts 1955, ch. 98, § 7; T.C.A., § 63-1409; Acts 1989, ch. 591, § 112.
(a) (1) Any person who practices as a dispensing optician as defined in this chapter without first complying with this chapter or who violates any of this chapter commits a Class B misdemeanor. (2) Each time any person practices as a dispensing optician without meeting all the requirements of this chapter and of any other law, a compliance with which may hereafter be prescribed as a condition precedent to the practice of such profession, constitutes a separate offense. (3) All fines for offenses for the violation of this chapter shall be paid over to the board and shall be paid to the state treasurer as all other funds received by the board.
(1) Any person who practices as a dispensing optician as defined in this chapter without first complying with this chapter or who violates any of this chapter commits a Class B misdemeanor.
(2) Each time any person practices as a dispensing optician without meeting all the requirements of this chapter and of any other law, a compliance with which may hereafter be prescribed as a condition precedent to the practice of such profession, constitutes a separate offense.
(3) All fines for offenses for the violation of this chapter shall be paid over to the board and shall be paid to the state treasurer as all other funds received by the board.
(b) Nothing in this chapter shall be construed as applying to physicians or optometrists licensed under the laws of this state to practice their professions, nor shall such licensed physicians or optometrists be subject to the jurisdiction of the board created by this chapter.
Acts 1955, ch. 98, § 7; T.C.A., § 63-1409; Acts 1989, ch. 591, § 112.
Tenn. Code Ann. § 63-11-403 — TN Code / Title 63 / Chapter 11 / Section 63-11-403
Members of professional art therapist advisory committee
Status: in_force

(a) The professional art therapist advisory committee of the board of examiners in psychology consists of three (3) members appointed by the governor. The advisory committee is authorized to issue licenses to persons who meet the requirements specified in this part, and to promulgate rules for the implementation of the part, including, but not limited to, the setting of fees and the establishment of disciplinary actions. The advisory committee shall maintain a list of all licensees and shall provide the list to any interested party on written request. (b) Advisory committee members must be licensed professional art therapists and must be actively engaged in the practice or teaching of art therapy in this state at the time of their appointment, except that initial appointments to the advisory committee made prior to the promulgation of rules to implement this part must be certified art therapists who are residents of this state and have engaged in the practice of art therapy for not less than five (5) years. (c) The governor shall consult with interested art therapy groups, including, but not limited to, a professional organization that represents the profession of art therapy in this state, to determine qualified persons for appointment as advisory committee members. (d) (1) Except as provided in subdivision (d)(2), the terms of the members of the advisory committee are three (3) years. (2) In order to stagger the terms of the newly appointed advisory committee members, initial appointments are to be made as follows: (A) One (1) person appointed pursuant to subsection (a) shall serve an initial term of one (1) year, which expires on June 30, 2022; (B) One (1) person appointed pursuant to subsection (a) shall serve an initial term of two (2) years, which expires on June 30, 2023; and (C) One (1) person appointed pursuant to subsection (a) shall serve an initial term of three (3) years, which expires on June 30, 2024. (3) (A) Following the expiration of members' initial terms as prescribed in subdivision (d)(2), all three-year terms must begin on July 1 and terminate on June 30, three (3) years thereafter. (B) In the event of a vacancy, the governor shall fill the vacancy for the unexpired term. Each member shall serve until a successor is duly appointed and qualified. (C) Members are eligible for reappointment to the advisory committee following the expiration of their initial terms, but shall serve no more than two (2) consecutive three-year terms. (e) All reimbursement for travel expenses must be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. Members of the advisory committee serve without compensation, but are entitled to receive necessary travel and other appropriate expenses while engaged in committee business. (f) The division of health related boards in the department of health shall provide administrative support to the advisory committee. (g) (1) The advisory committee shall meet at least twice a year and may hold additional meetings as the advisory committee may determine necessary to carry out its duties under this part. (2) Any member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year may be removed as a member of the advisory committee. (3) The chair of the advisory committee shall promptly notify, or cause to be notified, the appointing authority of any member who is removed for failing to satisfy the attendance requirement as prescribed in subdivision (g)(2). (h) The advisory committee shall elect a chair from among its members at the first meeting held each fiscal year. (i) Any actions taken in accordance with this part are only effective after adoption by majority vote of the members of the advisory committee and after adoption by a majority vote of the members of the board at the next board meeting at which administrative matters are considered following the adoption by the advisory committee. Added by 2021 Tenn. Acts, ch. 160, s 2, eff. 7/1/2022.
(a) The professional art therapist advisory committee of the board of examiners in psychology consists of three (3) members appointed by the governor. The advisory committee is authorized to issue licenses to persons who meet the requirements specified in this part, and to promulgate rules for the implementation of the part, including, but not limited to, the setting of fees and the establishment of disciplinary actions. The advisory committee shall maintain a list of all licensees and shall provide the list to any interested party on written request.
(b) Advisory committee members must be licensed professional art therapists and must be actively engaged in the practice or teaching of art therapy in this state at the time of their appointment, except that initial appointments to the advisory committee made prior to the promulgation of rules to implement this part must be certified art therapists who are residents of this state and have engaged in the practice of art therapy for not less than five (5) years.
(c) The governor shall consult with interested art therapy groups, including, but not limited to, a professional organization that represents the profession of art therapy in this state, to determine qualified persons for appointment as advisory committee members.
(d) (1) Except as provided in subdivision (d)(2), the terms of the members of the advisory committee are three (3) years. (2) In order to stagger the terms of the newly appointed advisory committee members, initial appointments are to be made as follows: (A) One (1) person appointed pursuant to subsection (a) shall serve an initial term of one (1) year, which expires on June 30, 2022; (B) One (1) person appointed pursuant to subsection (a) shall serve an initial term of two (2) years, which expires on June 30, 2023; and (C) One (1) person appointed pursuant to subsection (a) shall serve an initial term of three (3) years, which expires on June 30, 2024. (3) (A) Following the expiration of members' initial terms as prescribed in subdivision (d)(2), all three-year terms must begin on July 1 and terminate on June 30, three (3) years thereafter. (B) In the event of a vacancy, the governor shall fill the vacancy for the unexpired term. Each member shall serve until a successor is duly appointed and qualified. (C) Members are eligible for reappointment to the advisory committee following the expiration of their initial terms, but shall serve no more than two (2) consecutive three-year terms.
(1) Except as provided in subdivision (d)(2), the terms of the members of the advisory committee are three (3) years.
(2) In order to stagger the terms of the newly appointed advisory committee members, initial appointments are to be made as follows: (A) One (1) person appointed pursuant to subsection (a) shall serve an initial term of one (1) year, which expires on June 30, 2022; (B) One (1) person appointed pursuant to subsection (a) shall serve an initial term of two (2) years, which expires on June 30, 2023; and (C) One (1) person appointed pursuant to subsection (a) shall serve an initial term of three (3) years, which expires on June 30, 2024.
(A) One (1) person appointed pursuant to subsection (a) shall serve an initial term of one (1) year, which expires on June 30, 2022;
(B) One (1) person appointed pursuant to subsection (a) shall serve an initial term of two (2) years, which expires on June 30, 2023; and
(C) One (1) person appointed pursuant to subsection (a) shall serve an initial term of three (3) years, which expires on June 30, 2024.
(3) (A) Following the expiration of members' initial terms as prescribed in subdivision (d)(2), all three-year terms must begin on July 1 and terminate on June 30, three (3) years thereafter. (B) In the event of a vacancy, the governor shall fill the vacancy for the unexpired term. Each member shall serve until a successor is duly appointed and qualified. (C) Members are eligible for reappointment to the advisory committee following the expiration of their initial terms, but shall serve no more than two (2) consecutive three-year terms.
(A) Following the expiration of members' initial terms as prescribed in subdivision (d)(2), all three-year terms must begin on July 1 and terminate on June 30, three (3) years thereafter.
(B) In the event of a vacancy, the governor shall fill the vacancy for the unexpired term. Each member shall serve until a successor is duly appointed and qualified.
(C) Members are eligible for reappointment to the advisory committee following the expiration of their initial terms, but shall serve no more than two (2) consecutive three-year terms.
(e) All reimbursement for travel expenses must be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. Members of the advisory committee serve without compensation, but are entitled to receive necessary travel and other appropriate expenses while engaged in committee business.
(f) The division of health related boards in the department of health shall provide administrative support to the advisory committee.
(g) (1) The advisory committee shall meet at least twice a year and may hold additional meetings as the advisory committee may determine necessary to carry out its duties under this part. (2) Any member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year may be removed as a member of the advisory committee. (3) The chair of the advisory committee shall promptly notify, or cause to be notified, the appointing authority of any member who is removed for failing to satisfy the attendance requirement as prescribed in subdivision (g)(2).
(1) The advisory committee shall meet at least twice a year and may hold additional meetings as the advisory committee may determine necessary to carry out its duties under this part.
(2) Any member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year may be removed as a member of the advisory committee.
(3) The chair of the advisory committee shall promptly notify, or cause to be notified, the appointing authority of any member who is removed for failing to satisfy the attendance requirement as prescribed in subdivision (g)(2).
(h) The advisory committee shall elect a chair from among its members at the first meeting held each fiscal year.
(i) Any actions taken in accordance with this part are only effective after adoption by majority vote of the members of the advisory committee and after adoption by a majority vote of the members of the board at the next board meeting at which administrative matters are considered following the adoption by the advisory committee.
Added by 2021 Tenn. Acts, ch. 160, s 2, eff. 7/1/2022.
Tenn. Code Ann. § 63-1-124 — TN Code / Title 63 / Chapter 1 / Section 63-1-124
Citizen member
Status: in_force

The governor shall appoint one (1) citizen member to each health-related board that does not have a citizen as a part of its membership. The term of each such citizen member shall be the same as other members of the respective board to which such person is appointed. As used in this section, "citizen member" means a person who is appointed to serve on a board and who does not engage in any profession, business or activity subject to regulation by the board. Acts 1993, ch. 181, § 1.
The governor shall appoint one (1) citizen member to each health-related board that does not have a citizen as a part of its membership. The term of each such citizen member shall be the same as other members of the respective board to which such person is appointed. As used in this section, "citizen member" means a person who is appointed to serve on a board and who does not engage in any profession, business or activity subject to regulation by the board.
Acts 1993, ch. 181, § 1.
Tenn. Code Ann. § 63-23-107 — TN Code / Title 63 / Chapter 23 / Section 63-23-107
Retirement
Status: in_force

Any person licensed to practice social work in this state who has retired or may hereafter retire from such practice is not required to maintain that person's licensure as required by this chapter; provided, that the person files with the board an affidavit on a form, prescribed by the board, which affidavit states the date on which the person retired from the practice and such other facts as are required by the board. If the person thereafter reengages in the practice of social work, the person shall renew that person's license with the board as provided by this chapter. Acts 1984, ch. 1003, § 1; T.C.A. § 63-23-105 ; Acts 2008 , ch. 1016, § 1.
Any person licensed to practice social work in this state who has retired or may hereafter retire from such practice is not required to maintain that person's licensure as required by this chapter; provided, that the person files with the board an affidavit on a form, prescribed by the board, which affidavit states the date on which the person retired from the practice and such other facts as are required by the board. If the person thereafter reengages in the practice of social work, the person shall renew that person's license with the board as provided by this chapter.
Acts 1984, ch. 1003, § 1; T.C.A. § 63-23-105 ; Acts 2008 , ch. 1016, § 1.
Tenn. Code Ann. § 63-11-205 — TN Code / Title 63 / Chapter 11 / Section 63-11-205
Use of identifying terms
Status: in_force

(a) (1) It is specifically prohibited that any individuals or organizations shall present themselves or be presented to the public by any title incorporating the name "psychological," "psychologist" or "psychology" other than those licensed as psychologists, psychological examiners, senior psychological examiners, certified psychological assistants, or certified psychological testing technicians. (2) Any psychological scientist employed by a recognized research laboratory, college or university may use the academic or research title conferred upon such psychological scientist by the administration of such laboratory, college or university; and (3) Persons licensed by the state board of education in areas of school psychology, school psychologist or school psychological services worker and employed as such in the department of education or in any public or nonpublic elementary or secondary school are not required to be licensed under this chapter while performing in the course of their employment. Nothing in this chapter shall be construed so as to apply to persons licensed by the state board of education in areas of school psychology, school psychologist or school psychological services worker who are employed as such in the department of education or in any public or nonpublic elementary or secondary school while performing in the course of their employment. (b) Nothing in this section shall be construed as permitting such persons to offer their services to any other persons or organizations as consultants or to accept remuneration for any psychological services other than that of their institutional salaries unless they have been licensed or certified under this chapter. (c) Visiting lecturers from recognized laboratories, colleges or universities are exempt from this section and may utilize their academic or research title when presenting lectures to similar institutions or organizations. (d) Students of psychology, psychological interns and other persons preparing for the profession of psychological examiner, senior psychological examiner, certified psychological assistant, certified psychological testing technician, or psychologist under qualified supervision in recognized training institutions or facilities may be designated by such titles as "psychological intern," "psychological trainee" or others clearly indicating such training status. (e) Psychologists with competency in areas other than the provision of health services shall retain the right to use the title of licensed psychologist with competence in areas other than health services and to practice within their area of competency. Amended by 2023 Tenn. Acts, ch. 442, s 7, eff. 1/1/2024. Amended by 2023 Tenn. Acts, ch. 442, s 6, eff. 1/1/2024. Acts 1953, ch. 169, § 3 (Williams, § 7082.3); 1976, ch. 451, § 1; T.C.A. (orig. ed.), § 63-1109; Acts 1992, ch. 991, §§ 11, 23, 24; 2001, ch. 123, §§ 8 - 10.
(a) (1) It is specifically prohibited that any individuals or organizations shall present themselves or be presented to the public by any title incorporating the name "psychological," "psychologist" or "psychology" other than those licensed as psychologists, psychological examiners, senior psychological examiners, certified psychological assistants, or certified psychological testing technicians. (2) Any psychological scientist employed by a recognized research laboratory, college or university may use the academic or research title conferred upon such psychological scientist by the administration of such laboratory, college or university; and (3) Persons licensed by the state board of education in areas of school psychology, school psychologist or school psychological services worker and employed as such in the department of education or in any public or nonpublic elementary or secondary school are not required to be licensed under this chapter while performing in the course of their employment. Nothing in this chapter shall be construed so as to apply to persons licensed by the state board of education in areas of school psychology, school psychologist or school psychological services worker who are employed as such in the department of education or in any public or nonpublic elementary or secondary school while performing in the course of their employment.
(1) It is specifically prohibited that any individuals or organizations shall present themselves or be presented to the public by any title incorporating the name "psychological," "psychologist" or "psychology" other than those licensed as psychologists, psychological examiners, senior psychological examiners, certified psychological assistants, or certified psychological testing technicians.
(2) Any psychological scientist employed by a recognized research laboratory, college or university may use the academic or research title conferred upon such psychological scientist by the administration of such laboratory, college or university; and
(3) Persons licensed by the state board of education in areas of school psychology, school psychologist or school psychological services worker and employed as such in the department of education or in any public or nonpublic elementary or secondary school are not required to be licensed under this chapter while performing in the course of their employment. Nothing in this chapter shall be construed so as to apply to persons licensed by the state board of education in areas of school psychology, school psychologist or school psychological services worker who are employed as such in the department of education or in any public or nonpublic elementary or secondary school while performing in the course of their employment.
(b) Nothing in this section shall be construed as permitting such persons to offer their services to any other persons or organizations as consultants or to accept remuneration for any psychological services other than that of their institutional salaries unless they have been licensed or certified under this chapter.
(c) Visiting lecturers from recognized laboratories, colleges or universities are exempt from this section and may utilize their academic or research title when presenting lectures to similar institutions or organizations.
(d) Students of psychology, psychological interns and other persons preparing for the profession of psychological examiner, senior psychological examiner, certified psychological assistant, certified psychological testing technician, or psychologist under qualified supervision in recognized training institutions or facilities may be designated by such titles as "psychological intern," "psychological trainee" or others clearly indicating such training status.
(e) Psychologists with competency in areas other than the provision of health services shall retain the right to use the title of licensed psychologist with competence in areas other than health services and to practice within their area of competency.
Amended by 2023 Tenn. Acts, ch. 442, s 7, eff. 1/1/2024.
Amended by 2023 Tenn. Acts, ch. 442, s 6, eff. 1/1/2024.
Acts 1953, ch. 169, § 3 (Williams, § 7082.3); 1976, ch. 451, § 1; T.C.A. (orig. ed.), § 63-1109; Acts 1992, ch. 991, §§ 11, 23, 24; 2001, ch. 123, §§ 8 - 10.
Tenn. Code Ann. § 63-25-209 — TN Code / Title 63 / Chapter 25 / Section 63-25-209
[Effective 1/1/2026] Data system
Status: in_force

(a) The compact commission shall provide for the development, maintenance, operation, and utilization of a coordinated data system. (b) The compact commission shall assign each applicant for a compact privilege a unique identifier, as determined by the rules. (c) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable as required by the rules of the compact commission, including: (1) Identifying information; (2) Licensure data; (3) Adverse actions against a license or compact privilege and information related thereto; (4) Non-confidential information related to alternative program participation, the beginning and ending dates of such participation, and other information related to such participation not made confidential under member state law; (5) Any denial of application for licensure, and the reason(s) for such denial; (6) The presence of current significant investigative information; and (7) Other information that may facilitate the administration of this compact or the protection of the public, as determined by the rules of the compact commission. (d) The records and information provided to a member state pursuant to this compact or through the data system, when certified by the compact commission or an agent thereof, shall constitute the authenticated business records of the compact commission, and shall be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial, or administrative proceedings in a member state. (e) Current significant investigative information pertaining to a licensee in any member state will only be available to other member states. (f) It is the responsibility of the member states to report any adverse action against a licensee and to monitor the data system to determine whether any adverse action has been taken against a licensee. Adverse action information pertaining to a licensee in any member state will be available to any other member state. (g) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state. (h) Any information submitted to the data system that is subsequently expunged pursuant to federal law or the laws of the member state contributing the information shall be removed from the data system. Added by 2024 Tenn. Acts, ch. 1025,s 1, eff. 1/1/2026.
(a) The compact commission shall provide for the development, maintenance, operation, and utilization of a coordinated data system.
(b) The compact commission shall assign each applicant for a compact privilege a unique identifier, as determined by the rules.
(c) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable as required by the rules of the compact commission, including: (1) Identifying information; (2) Licensure data; (3) Adverse actions against a license or compact privilege and information related thereto; (4) Non-confidential information related to alternative program participation, the beginning and ending dates of such participation, and other information related to such participation not made confidential under member state law; (5) Any denial of application for licensure, and the reason(s) for such denial; (6) The presence of current significant investigative information; and (7) Other information that may facilitate the administration of this compact or the protection of the public, as determined by the rules of the compact commission.
(1) Identifying information;
(2) Licensure data;
(3) Adverse actions against a license or compact privilege and information related thereto;
(4) Non-confidential information related to alternative program participation, the beginning and ending dates of such participation, and other information related to such participation not made confidential under member state law;
(5) Any denial of application for licensure, and the reason(s) for such denial;
(6) The presence of current significant investigative information; and
(7) Other information that may facilitate the administration of this compact or the protection of the public, as determined by the rules of the compact commission.
(d) The records and information provided to a member state pursuant to this compact or through the data system, when certified by the compact commission or an agent thereof, shall constitute the authenticated business records of the compact commission, and shall be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial, or administrative proceedings in a member state.
(e) Current significant investigative information pertaining to a licensee in any member state will only be available to other member states.
(f) It is the responsibility of the member states to report any adverse action against a licensee and to monitor the data system to determine whether any adverse action has been taken against a licensee. Adverse action information pertaining to a licensee in any member state will be available to any other member state.
(g) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
(h) Any information submitted to the data system that is subsequently expunged pursuant to federal law or the laws of the member state contributing the information shall be removed from the data system.
Added by 2024 Tenn. Acts, ch. 1025,s 1, eff. 1/1/2026.
Tenn. Code Ann. § 63-6-240 — TN Code / Title 63 / Chapter 6 / Section 63-6-240
Remedial action against persons licensed to practice medicine who are required to register as a sexual offender or violent sexual offender in order to assure safety
Status: in_force

(a) (1) The general assembly finds that a person who is licensed to practice medicine in this state and who is required to register with the Tennessee bureau of investigation (TBI) as a sexual offender or violent sexual offender is injurious to the public safety, health and welfare as well as the public's perception of and confidence in the medical profession. (2) The general assembly further finds that the strongest remedial action possible should be taken against a person's license to practice medicine when such person has been convicted of a sexual offense, or violent sexual offense as both are defined in title 40, chapter 39, part 2, and continues to engage in the practice of medicine in this state after such conviction. (3) Enactment of this section by the general assembly is declared to be a remedial action necessary to assure the safety of the citizens of this state and their faith and confidence in the medical profession. This section is not to be construed to be punitive against any person to whom this section may apply. (b) As used in this section: (1) "Registering agency" means a sheriff's office, municipal police department, metropolitan police department, campus law enforcement agency, the Tennessee department of correction, a private contractor with the Tennessee department of correction or the board with whom sexual offenders and violent sexual offenders are required to register under title 40, chapter 39, part 2; (2) "Registry" means the registry created by the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004, compiled in title 40, chapter 39, part 2; (3) "Sexual offense" means those offenses defined as "sexual offenses" in § 40-39-202 ; and (4) "Violent sexual offense" means those offenses defined as "violent sexual offenses" in § 40-39-202 . (c) (1) If the registering agency of a person who registers as a sexual offender or violent sexual offender, as defined by title 40, chapter 39, part 2, has reason to believe that such person is licensed to practice medicine in this state pursuant to this chapter, the registering agency shall prepare and forward to the board of medical examiners a certified copy of the offender's TBI registration form within thirty (30) days of the sexual offender's or violent sexual offender's registration. (2) (A) Upon receipt of the form, or upon receipt of credible evidence from any other source indicating that a person licensed to practice medicine in this state has been convicted of a sexual offense or a violent sexual offense, the board shall investigate to determine whether such person is a sexual offender or violent sexual offender, as defined by § 40-39-202 , and a person licensed to practice medicine pursuant to this chapter. (B) If the board determines that the person named on the TBI registration form, or by another source, is a person licensed to practice medicine in this state pursuant to this chapter and the offense for which the person is required to register is a violent sexual offense, such conviction constitutes a material change in the person's licensure qualifications, and the board shall conduct a hearing at which the person may present evidence that the information received by the board is incorrect. If, after the hearing, the board finds the person was convicted of a violent sexual offense and is required to register with the TBI as a violent sexual offender, the board shall revoke the person's license to practice medicine in accordance with § 63-6-216 . The person may appeal the ruling of the board as provided in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, but such appeal shall be limited to the issue of whether or not such person has been convicted of a violent sexual offense and is therefore required to register as a violent sexual offender. The license revocation shall remain in effect during the pendency of any appeal. (C) If the person licensed to practice medicine is required to register as a sexual offender, the board shall conduct a hearing to determine the extent to which the person poses a continuing risk to patients; the degree to which the person has been rehabilitated; what treatment, if any, the person has undergone; the areas of medicine in which the person is qualified to engage without endangering the safety of patients; and any other factor the board deems relevant in determining the outcome most likely to protect the public while considering the interests of the person. At the conclusion of the hearing, the board may: (i) Revoke the license of the person; or (ii) If the board does not revoke the license, it may place such conditions on the person's license as it deems appropriate and advisable to protect the interests and safety of the public; provided, the board shall place the following restrictions on the person's license: (a) Prohibit the physician from engaging in direct patient care or contact; and (b) Such other conditions and limitations on the person's license as the board deems advisable. (D) (i) If a person's license to practice medicine was revoked, suspended or conditioned pursuant to subdivision (c)(2)(C) because such person was convicted of a sexual offense and such person applies for and is granted termination of sexual offender registry requirements pursuant to § 40-39-207 , such person may petition the board for reinstatement of the person's license to practice medicine. (ii) If a petition is filed for reinstatement pursuant to this subsection (c), the board shall hear the petition within thirty (30) calendar days of its receipt. At the hearing the board shall use the same analysis set out in subdivision (c)(2)(C) to determine whether the person should be permitted to practice medicine in this state under any circumstances. (iii) If the written findings of the board are that the person is no longer a threat to public safety and could return to the practice of medicine in some capacity, it may: (a) Reinstate the person's license without conditions; (b) Reinstate the person's license with any or all the conditions available under subdivision (c)(2)(C); or (c) Remove some or all of the restrictions or conditions that were placed on a license made conditional pursuant to subdivision (c)(2)(C). (iv) If the written findings of the board are that the person could not safely return to the practice of medicine, it shall deny the person's petition and set a date certain after which the person may repetition the board. (E) If the board receives credible evidence from any source indicating that the person is in violation of the restrictions placed upon such person's license to practice medicine pursuant to this section, the board shall conduct a hearing as provided in subdivision (c)(2)(C). If at the conclusion of the hearing, the board finds that the person is in violation of the restrictions placed upon the person's license in a material respect or in a repetitive manner, the board shall revoke the license. If the board finds that the violation is minor or isolated, it may place other conditions on the person's license, such as increased reporting to the board by both the person and the person's employer or contractor, if any. (F) This subdivision (c)(2) shall apply regardless of whether commission of the sexual offense or violent sexual offense resulting in the person being required to register as a sexual or violent sexual offender occurred prior to or subsequent to the date the person was licensed to practice medicine in this state. (d) By September 1, 2010, the board shall compare or have compared a list of all persons who are licensed to practice medicine in this state against the list of persons who are registered as sexual offenders or violent sexual offenders pursuant to title 40, chapter 39, part 2. If it appears from this comparison that the same name appears on both lists, the board shall request a certified copy of that person's TBI registration form. Upon receipt of the form from the TBI, the board shall conduct an investigation to determine if the person licensed to practice medicine in this state is the same person who is a registered sexual offender or violent sexual offender. Such investigation shall take no more than thirty (30) days. If the board determines that the person whose name appears on both lists is the same person, it shall immediately take action as provided in subdivision (c)(2). If the person whose name appears on both lists is not the same person, the board shall take no action. (e) (1) On July 1, 2010, the board shall determine, before granting a license to practice medicine in this state, or renewing an existing license, if the person who is applying for such a license is registered or is required to be registered as a sexual offender or violent sexual offender pursuant to title 40, chapter 39, part 2. (2) If any applicant for a license to practice medicine in this state is a registered violent sexual offender or is required to register as a violent sexual offender, the board shall deny the application. If any person who is licensed to practice medicine in this state and is seeking to renew such license is a registered violent sexual offender or is required to register as a violent sexual offender, the board shall revoke the physician's license. (3) If any applicant to the board is registered as a sexual offender or is required to register as a sexual offender, the board shall consider whether the applicant poses a risk to patients; the degree to which the person has been rehabilitated; what treatment, if any, the person has undergone; the areas of medicine in which the applicant is qualified to engage without endangering the safety of patients; and any other factor the board deems relevant in determining what conditions are most likely to protect the public while considering the interests of the applicant. The board may deny the application or may place such conditions upon the applicant as are necessary to protect the public. If the board grants the license, at a minimum the board shall prohibit the applicant from engaging in direct patient care or contact for so long as the applicant is required to register as a sexual offender. Acts 2010 , ch. 904, § 2.
(a) (1) The general assembly finds that a person who is licensed to practice medicine in this state and who is required to register with the Tennessee bureau of investigation (TBI) as a sexual offender or violent sexual offender is injurious to the public safety, health and welfare as well as the public's perception of and confidence in the medical profession. (2) The general assembly further finds that the strongest remedial action possible should be taken against a person's license to practice medicine when such person has been convicted of a sexual offense, or violent sexual offense as both are defined in title 40, chapter 39, part 2, and continues to engage in the practice of medicine in this state after such conviction. (3) Enactment of this section by the general assembly is declared to be a remedial action necessary to assure the safety of the citizens of this state and their faith and confidence in the medical profession. This section is not to be construed to be punitive against any person to whom this section may apply.
(1) The general assembly finds that a person who is licensed to practice medicine in this state and who is required to register with the Tennessee bureau of investigation (TBI) as a sexual offender or violent sexual offender is injurious to the public safety, health and welfare as well as the public's perception of and confidence in the medical profession.
(2) The general assembly further finds that the strongest remedial action possible should be taken against a person's license to practice medicine when such person has been convicted of a sexual offense, or violent sexual offense as both are defined in title 40, chapter 39, part 2, and continues to engage in the practice of medicine in this state after such conviction.
(3) Enactment of this section by the general assembly is declared to be a remedial action necessary to assure the safety of the citizens of this state and their faith and confidence in the medical profession. This section is not to be construed to be punitive against any person to whom this section may apply.
(b) As used in this section: (1) "Registering agency" means a sheriff's office, municipal police department, metropolitan police department, campus law enforcement agency, the Tennessee department of correction, a private contractor with the Tennessee department of correction or the board with whom sexual offenders and violent sexual offenders are required to register under title 40, chapter 39, part 2; (2) "Registry" means the registry created by the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004, compiled in title 40, chapter 39, part 2; (3) "Sexual offense" means those offenses defined as "sexual offenses" in § 40-39-202 ; and (4) "Violent sexual offense" means those offenses defined as "violent sexual offenses" in § 40-39-202 .
(1) "Registering agency" means a sheriff's office, municipal police department, metropolitan police department, campus law enforcement agency, the Tennessee department of correction, a private contractor with the Tennessee department of correction or the board with whom sexual offenders and violent sexual offenders are required to register under title 40, chapter 39, part 2;
(2) "Registry" means the registry created by the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004, compiled in title 40, chapter 39, part 2;
(3) "Sexual offense" means those offenses defined as "sexual offenses" in § 40-39-202 ; and
(4) "Violent sexual offense" means those offenses defined as "violent sexual offenses" in § 40-39-202 .
(c) (1) If the registering agency of a person who registers as a sexual offender or violent sexual offender, as defined by title 40, chapter 39, part 2, has reason to believe that such person is licensed to practice medicine in this state pursuant to this chapter, the registering agency shall prepare and forward to the board of medical examiners a certified copy of the offender's TBI registration form within thirty (30) days of the sexual offender's or violent sexual offender's registration. (2) (A) Upon receipt of the form, or upon receipt of credible evidence from any other source indicating that a person licensed to practice medicine in this state has been convicted of a sexual offense or a violent sexual offense, the board shall investigate to determine whether such person is a sexual offender or violent sexual offender, as defined by § 40-39-202 , and a person licensed to practice medicine pursuant to this chapter. (B) If the board determines that the person named on the TBI registration form, or by another source, is a person licensed to practice medicine in this state pursuant to this chapter and the offense for which the person is required to register is a violent sexual offense, such conviction constitutes a material change in the person's licensure qualifications, and the board shall conduct a hearing at which the person may present evidence that the information received by the board is incorrect. If, after the hearing, the board finds the person was convicted of a violent sexual offense and is required to register with the TBI as a violent sexual offender, the board shall revoke the person's license to practice medicine in accordance with § 63-6-216 . The person may appeal the ruling of the board as provided in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, but such appeal shall be limited to the issue of whether or not such person has been convicted of a violent sexual offense and is therefore required to register as a violent sexual offender. The license revocation shall remain in effect during the pendency of any appeal. (C) If the person licensed to practice medicine is required to register as a sexual offender, the board shall conduct a hearing to determine the extent to which the person poses a continuing risk to patients; the degree to which the person has been rehabilitated; what treatment, if any, the person has undergone; the areas of medicine in which the person is qualified to engage without endangering the safety of patients; and any other factor the board deems relevant in determining the outcome most likely to protect the public while considering the interests of the person. At the conclusion of the hearing, the board may: (i) Revoke the license of the person; or (ii) If the board does not revoke the license, it may place such conditions on the person's license as it deems appropriate and advisable to protect the interests and safety of the public; provided, the board shall place the following restrictions on the person's license: (a) Prohibit the physician from engaging in direct patient care or contact; and (b) Such other conditions and limitations on the person's license as the board deems advisable. (D) (i) If a person's license to practice medicine was revoked, suspended or conditioned pursuant to subdivision (c)(2)(C) because such person was convicted of a sexual offense and such person applies for and is granted termination of sexual offender registry requirements pursuant to § 40-39-207 , such person may petition the board for reinstatement of the person's license to practice medicine. (ii) If a petition is filed for reinstatement pursuant to this subsection (c), the board shall hear the petition within thirty (30) calendar days of its receipt. At the hearing the board shall use the same analysis set out in subdivision (c)(2)(C) to determine whether the person should be permitted to practice medicine in this state under any circumstances. (iii) If the written findings of the board are that the person is no longer a threat to public safety and could return to the practice of medicine in some capacity, it may: (a) Reinstate the person's license without conditions; (b) Reinstate the person's license with any or all the conditions available under subdivision (c)(2)(C); or (c) Remove some or all of the restrictions or conditions that were placed on a license made conditional pursuant to subdivision (c)(2)(C). (iv) If the written findings of the board are that the person could not safely return to the practice of medicine, it shall deny the person's petition and set a date certain after which the person may repetition the board. (E) If the board receives credible evidence from any source indicating that the person is in violation of the restrictions placed upon such person's license to practice medicine pursuant to this section, the board shall conduct a hearing as provided in subdivision (c)(2)(C). If at the conclusion of the hearing, the board finds that the person is in violation of the restrictions placed upon the person's license in a material respect or in a repetitive manner, the board shall revoke the license. If the board finds that the violation is minor or isolated, it may place other conditions on the person's license, such as increased reporting to the board by both the person and the person's employer or contractor, if any. (F) This subdivision (c)(2) shall apply regardless of whether commission of the sexual offense or violent sexual offense resulting in the person being required to register as a sexual or violent sexual offender occurred prior to or subsequent to the date the person was licensed to practice medicine in this state.
(1) If the registering agency of a person who registers as a sexual offender or violent sexual offender, as defined by title 40, chapter 39, part 2, has reason to believe that such person is licensed to practice medicine in this state pursuant to this chapter, the registering agency shall prepare and forward to the board of medical examiners a certified copy of the offender's TBI registration form within thirty (30) days of the sexual offender's or violent sexual offender's registration.
(2) (A) Upon receipt of the form, or upon receipt of credible evidence from any other source indicating that a person licensed to practice medicine in this state has been convicted of a sexual offense or a violent sexual offense, the board shall investigate to determine whether such person is a sexual offender or violent sexual offender, as defined by § 40-39-202 , and a person licensed to practice medicine pursuant to this chapter. (B) If the board determines that the person named on the TBI registration form, or by another source, is a person licensed to practice medicine in this state pursuant to this chapter and the offense for which the person is required to register is a violent sexual offense, such conviction constitutes a material change in the person's licensure qualifications, and the board shall conduct a hearing at which the person may present evidence that the information received by the board is incorrect. If, after the hearing, the board finds the person was convicted of a violent sexual offense and is required to register with the TBI as a violent sexual offender, the board shall revoke the person's license to practice medicine in accordance with § 63-6-216 . The person may appeal the ruling of the board as provided in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, but such appeal shall be limited to the issue of whether or not such person has been convicted of a violent sexual offense and is therefore required to register as a violent sexual offender. The license revocation shall remain in effect during the pendency of any appeal. (C) If the person licensed to practice medicine is required to register as a sexual offender, the board shall conduct a hearing to determine the extent to which the person poses a continuing risk to patients; the degree to which the person has been rehabilitated; what treatment, if any, the person has undergone; the areas of medicine in which the person is qualified to engage without endangering the safety of patients; and any other factor the board deems relevant in determining the outcome most likely to protect the public while considering the interests of the person. At the conclusion of the hearing, the board may: (i) Revoke the license of the person; or (ii) If the board does not revoke the license, it may place such conditions on the person's license as it deems appropriate and advisable to protect the interests and safety of the public; provided, the board shall place the following restrictions on the person's license: (a) Prohibit the physician from engaging in direct patient care or contact; and (b) Such other conditions and limitations on the person's license as the board deems advisable. (D) (i) If a person's license to practice medicine was revoked, suspended or conditioned pursuant to subdivision (c)(2)(C) because such person was convicted of a sexual offense and such person applies for and is granted termination of sexual offender registry requirements pursuant to § 40-39-207 , such person may petition the board for reinstatement of the person's license to practice medicine. (ii) If a petition is filed for reinstatement pursuant to this subsection (c), the board shall hear the petition within thirty (30) calendar days of its receipt. At the hearing the board shall use the same analysis set out in subdivision (c)(2)(C) to determine whether the person should be permitted to practice medicine in this state under any circumstances. (iii) If the written findings of the board are that the person is no longer a threat to public safety and could return to the practice of medicine in some capacity, it may: (a) Reinstate the person's license without conditions; (b) Reinstate the person's license with any or all the conditions available under subdivision (c)(2)(C); or (c) Remove some or all of the restrictions or conditions that were placed on a license made conditional pursuant to subdivision (c)(2)(C). (iv) If the written findings of the board are that the person could not safely return to the practice of medicine, it shall deny the person's petition and set a date certain after which the person may repetition the board. (E) If the board receives credible evidence from any source indicating that the person is in violation of the restrictions placed upon such person's license to practice medicine pursuant to this section, the board shall conduct a hearing as provided in subdivision (c)(2)(C). If at the conclusion of the hearing, the board finds that the person is in violation of the restrictions placed upon the person's license in a material respect or in a repetitive manner, the board shall revoke the license. If the board finds that the violation is minor or isolated, it may place other conditions on the person's license, such as increased reporting to the board by both the person and the person's employer or contractor, if any. (F) This subdivision (c)(2) shall apply regardless of whether commission of the sexual offense or violent sexual offense resulting in the person being required to register as a sexual or violent sexual offender occurred prior to or subsequent to the date the person was licensed to practice medicine in this state.
(A) Upon receipt of the form, or upon receipt of credible evidence from any other source indicating that a person licensed to practice medicine in this state has been convicted of a sexual offense or a violent sexual offense, the board shall investigate to determine whether such person is a sexual offender or violent sexual offender, as defined by § 40-39-202 , and a person licensed to practice medicine pursuant to this chapter.
(B) If the board determines that the person named on the TBI registration form, or by another source, is a person licensed to practice medicine in this state pursuant to this chapter and the offense for which the person is required to register is a violent sexual offense, such conviction constitutes a material change in the person's licensure qualifications, and the board shall conduct a hearing at which the person may present evidence that the information received by the board is incorrect. If, after the hearing, the board finds the person was convicted of a violent sexual offense and is required to register with the TBI as a violent sexual offender, the board shall revoke the person's license to practice medicine in accordance with § 63-6-216 . The person may appeal the ruling of the board as provided in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, but such appeal shall be limited to the issue of whether or not such person has been convicted of a violent sexual offense and is therefore required to register as a violent sexual offender. The license revocation shall remain in effect during the pendency of any appeal.
(C) If the person licensed to practice medicine is required to register as a sexual offender, the board shall conduct a hearing to determine the extent to which the person poses a continuing risk to patients; the degree to which the person has been rehabilitated; what treatment, if any, the person has undergone; the areas of medicine in which the person is qualified to engage without endangering the safety of patients; and any other factor the board deems relevant in determining the outcome most likely to protect the public while considering the interests of the person. At the conclusion of the hearing, the board may: (i) Revoke the license of the person; or (ii) If the board does not revoke the license, it may place such conditions on the person's license as it deems appropriate and advisable to protect the interests and safety of the public; provided, the board shall place the following restrictions on the person's license: (a) Prohibit the physician from engaging in direct patient care or contact; and (b) Such other conditions and limitations on the person's license as the board deems advisable.
(i) Revoke the license of the person; or
(ii) If the board does not revoke the license, it may place such conditions on the person's license as it deems appropriate and advisable to protect the interests and safety of the public; provided, the board shall place the following restrictions on the person's license: (a) Prohibit the physician from engaging in direct patient care or contact; and (b) Such other conditions and limitations on the person's license as the board deems advisable.
(a) Prohibit the physician from engaging in direct patient care or contact; and
(b) Such other conditions and limitations on the person's license as the board deems advisable.
(D) (i) If a person's license to practice medicine was revoked, suspended or conditioned pursuant to subdivision (c)(2)(C) because such person was convicted of a sexual offense and such person applies for and is granted termination of sexual offender registry requirements pursuant to § 40-39-207 , such person may petition the board for reinstatement of the person's license to practice medicine. (ii) If a petition is filed for reinstatement pursuant to this subsection (c), the board shall hear the petition within thirty (30) calendar days of its receipt. At the hearing the board shall use the same analysis set out in subdivision (c)(2)(C) to determine whether the person should be permitted to practice medicine in this state under any circumstances. (iii) If the written findings of the board are that the person is no longer a threat to public safety and could return to the practice of medicine in some capacity, it may: (a) Reinstate the person's license without conditions; (b) Reinstate the person's license with any or all the conditions available under subdivision (c)(2)(C); or (c) Remove some or all of the restrictions or conditions that were placed on a license made conditional pursuant to subdivision (c)(2)(C). (iv) If the written findings of the board are that the person could not safely return to the practice of medicine, it shall deny the person's petition and set a date certain after which the person may repetition the board.
(i) If a person's license to practice medicine was revoked, suspended or conditioned pursuant to subdivision (c)(2)(C) because such person was convicted of a sexual offense and such person applies for and is granted termination of sexual offender registry requirements pursuant to § 40-39-207 , such person may petition the board for reinstatement of the person's license to practice medicine.
(ii) If a petition is filed for reinstatement pursuant to this subsection (c), the board shall hear the petition within thirty (30) calendar days of its receipt. At the hearing the board shall use the same analysis set out in subdivision (c)(2)(C) to determine whether the person should be permitted to practice medicine in this state under any circumstances.
(iii) If the written findings of the board are that the person is no longer a threat to public safety and could return to the practice of medicine in some capacity, it may: (a) Reinstate the person's license without conditions; (b) Reinstate the person's license with any or all the conditions available under subdivision (c)(2)(C); or (c) Remove some or all of the restrictions or conditions that were placed on a license made conditional pursuant to subdivision (c)(2)(C).
(a) Reinstate the person's license without conditions;
(b) Reinstate the person's license with any or all the conditions available under subdivision (c)(2)(C); or
(c) Remove some or all of the restrictions or conditions that were placed on a license made conditional pursuant to subdivision (c)(2)(C).
(iv) If the written findings of the board are that the person could not safely return to the practice of medicine, it shall deny the person's petition and set a date certain after which the person may repetition the board.
(E) If the board receives credible evidence from any source indicating that the person is in violation of the restrictions placed upon such person's license to practice medicine pursuant to this section, the board shall conduct a hearing as provided in subdivision (c)(2)(C). If at the conclusion of the hearing, the board finds that the person is in violation of the restrictions placed upon the person's license in a material respect or in a repetitive manner, the board shall revoke the license. If the board finds that the violation is minor or isolated, it may place other conditions on the person's license, such as increased reporting to the board by both the person and the person's employer or contractor, if any.
(F) This subdivision (c)(2) shall apply regardless of whether commission of the sexual offense or violent sexual offense resulting in the person being required to register as a sexual or violent sexual offender occurred prior to or subsequent to the date the person was licensed to practice medicine in this state.
(d) By September 1, 2010, the board shall compare or have compared a list of all persons who are licensed to practice medicine in this state against the list of persons who are registered as sexual offenders or violent sexual offenders pursuant to title 40, chapter 39, part 2. If it appears from this comparison that the same name appears on both lists, the board shall request a certified copy of that person's TBI registration form. Upon receipt of the form from the TBI, the board shall conduct an investigation to determine if the person licensed to practice medicine in this state is the same person who is a registered sexual offender or violent sexual offender. Such investigation shall take no more than thirty (30) days. If the board determines that the person whose name appears on both lists is the same person, it shall immediately take action as provided in subdivision (c)(2). If the person whose name appears on both lists is not the same person, the board shall take no action.
(e) (1) On July 1, 2010, the board shall determine, before granting a license to practice medicine in this state, or renewing an existing license, if the person who is applying for such a license is registered or is required to be registered as a sexual offender or violent sexual offender pursuant to title 40, chapter 39, part 2. (2) If any applicant for a license to practice medicine in this state is a registered violent sexual offender or is required to register as a violent sexual offender, the board shall deny the application. If any person who is licensed to practice medicine in this state and is seeking to renew such license is a registered violent sexual offender or is required to register as a violent sexual offender, the board shall revoke the physician's license. (3) If any applicant to the board is registered as a sexual offender or is required to register as a sexual offender, the board shall consider whether the applicant poses a risk to patients; the degree to which the person has been rehabilitated; what treatment, if any, the person has undergone; the areas of medicine in which the applicant is qualified to engage without endangering the safety of patients; and any other factor the board deems relevant in determining what conditions are most likely to protect the public while considering the interests of the applicant. The board may deny the application or may place such conditions upon the applicant as are necessary to protect the public. If the board grants the license, at a minimum the board shall prohibit the applicant from engaging in direct patient care or contact for so long as the applicant is required to register as a sexual offender.
(1) On July 1, 2010, the board shall determine, before granting a license to practice medicine in this state, or renewing an existing license, if the person who is applying for such a license is registered or is required to be registered as a sexual offender or violent sexual offender pursuant to title 40, chapter 39, part 2.
(2) If any applicant for a license to practice medicine in this state is a registered violent sexual offender or is required to register as a violent sexual offender, the board shall deny the application. If any person who is licensed to practice medicine in this state and is seeking to renew such license is a registered violent sexual offender or is required to register as a violent sexual offender, the board shall revoke the physician's license.
(3) If any applicant to the board is registered as a sexual offender or is required to register as a sexual offender, the board shall consider whether the applicant poses a risk to patients; the degree to which the person has been rehabilitated; what treatment, if any, the person has undergone; the areas of medicine in which the applicant is qualified to engage without endangering the safety of patients; and any other factor the board deems relevant in determining what conditions are most likely to protect the public while considering the interests of the applicant. The board may deny the application or may place such conditions upon the applicant as are necessary to protect the public. If the board grants the license, at a minimum the board shall prohibit the applicant from engaging in direct patient care or contact for so long as the applicant is required to register as a sexual offender.
Acts 2010 , ch. 904, § 2.
Tenn. Code Ann. § 63-3-202 — TN Code / Title 63 / Chapter 3 / Section 63-3-202
Rules and regulations - Authority of the board
Status: in_force

(a) The board shall adopt rules and regulations, promulgated in compliance with all requirements of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to: (1) Establish licensure categories and issue licenses for prosthetists, orthotists and pedorthists; (2) Establish the qualifications, educational courses, curriculum, hours and standards that are prerequisite to issuance of all levels and types of licensure established pursuant to subdivision (a)(1); provided, however, that such qualifications shall include the following: (A) To qualify for a license to practice orthotics or prosthetics, a person shall: (i) Possess a baccalaureate degree or semester hours equivalent to four (4) years of study at a four-year college or university; (ii) Complete the amount of formal training, including, but not limited to, any necessary hours of classroom education and clinical practice required by the board; (iii) Complete a clinical residency in the professional area for which a license is sought, in accordance with standards, guidelines, or procedures for residencies inside or outside this state established and approved by the board. The majority of training shall be devoted to services performed under the supervision of a licensed practitioner of orthotics or prosthetics or a person who has obtained certification from the American Board for Certification in Orthotics and Prosthetics, Inc. or the Board for Orthotist/Prosthetist Certification; (iv) Pass all written, practical and oral examinations that are required and approved by the board; and (v) Be qualified to practice in accordance with commonly accepted standards of orthotic and prosthetic care acceptable to the board; (B) To qualify for a license to practice pedorthics, a person shall: (i) Possess a high school diploma or comparable credential approved by the board; (ii) Complete the amount of formal training, including, but not limited to, any necessary hours of classroom education and clinical practice required by the board; (iii) Pass all examinations that are required and approved by the board; (iv) Complete a qualified work experience program or internship in pedorthics, in accordance with standards and procedures established by the board; and (v) Be qualified to practice in accordance with commonly accepted standards of pedorthic care acceptable to the board; and (C) A person may be licensed in more than one (1) discipline; (3) Establish the circumstances or conditions, if any, under which persons shall be entitled to exemption from licensure during training, while waiting to take or receive the results of any required examination or upon meeting specified minimum educational and clinical qualifications; (4) Select the examination or examinations to be utilized as the board's licensure examination or examinations and the prerequisites, if any, for admission to the examination or examinations. The board is authorized to enter into a contract or agreement with the chosen examination service or services or select an intermediary between the board and the examination service or services to process applicants for the examination or examinations; (5) Establish any other criteria for issuance of licensure that are reasonably related to the safe and competent performance of prosthetics, orthotics and pedorthics; (6) Accredit continuing education courses; (7) (A) Establish the fees to be paid for each of the following: (i) Application for licensure; (ii) Renewal or reinstatement of licensure; (iii) Late renewal of licensure; (iv) Application for continuing education course accreditation; and (v) Duplicate or replacement license; (B) The fees shall be set at a level that is adequate to pay all of the expenses of implementing and administering this part. All deposits and disbursements shall be handled in accordance with § 63-1-137 ; (8) Establish the continuing education requirements for license holders, which shall include the frequency of reporting, number of hours, types of courses, approval of courses, methods of proving compliance, penalties for violation and all fees necessary for implementation of the continuing education process; (9) Regulate the nature, manner, content and extent of advertising by persons licensed under this part; (10) Delineate the actions relative to therapeutic footwear and medical devices for the foot and ankle that must be performed by licensed health care practitioners; and (11) Establish a registration process for residents as prescribed in § 63-3-209(2)(B) . (b) The board shall have the authority to: (1) Conduct disciplinary hearings, in accordance with the Uniform Administrative Procedures Act; and (2) [Deleted by 2024 amendment.] Amended by 2024 Tenn. Acts, ch. 944,s 3, eff. 7/1/2024. Amended by 2017 Tenn. Acts, ch. 167, s 2, eff. 7/1/2017. Acts 2005, ch. 380, § 1.
(a) The board shall adopt rules and regulations, promulgated in compliance with all requirements of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to: (1) Establish licensure categories and issue licenses for prosthetists, orthotists and pedorthists; (2) Establish the qualifications, educational courses, curriculum, hours and standards that are prerequisite to issuance of all levels and types of licensure established pursuant to subdivision (a)(1); provided, however, that such qualifications shall include the following: (A) To qualify for a license to practice orthotics or prosthetics, a person shall: (i) Possess a baccalaureate degree or semester hours equivalent to four (4) years of study at a four-year college or university; (ii) Complete the amount of formal training, including, but not limited to, any necessary hours of classroom education and clinical practice required by the board; (iii) Complete a clinical residency in the professional area for which a license is sought, in accordance with standards, guidelines, or procedures for residencies inside or outside this state established and approved by the board. The majority of training shall be devoted to services performed under the supervision of a licensed practitioner of orthotics or prosthetics or a person who has obtained certification from the American Board for Certification in Orthotics and Prosthetics, Inc. or the Board for Orthotist/Prosthetist Certification; (iv) Pass all written, practical and oral examinations that are required and approved by the board; and (v) Be qualified to practice in accordance with commonly accepted standards of orthotic and prosthetic care acceptable to the board; (B) To qualify for a license to practice pedorthics, a person shall: (i) Possess a high school diploma or comparable credential approved by the board; (ii) Complete the amount of formal training, including, but not limited to, any necessary hours of classroom education and clinical practice required by the board; (iii) Pass all examinations that are required and approved by the board; (iv) Complete a qualified work experience program or internship in pedorthics, in accordance with standards and procedures established by the board; and (v) Be qualified to practice in accordance with commonly accepted standards of pedorthic care acceptable to the board; and (C) A person may be licensed in more than one (1) discipline; (3) Establish the circumstances or conditions, if any, under which persons shall be entitled to exemption from licensure during training, while waiting to take or receive the results of any required examination or upon meeting specified minimum educational and clinical qualifications; (4) Select the examination or examinations to be utilized as the board's licensure examination or examinations and the prerequisites, if any, for admission to the examination or examinations. The board is authorized to enter into a contract or agreement with the chosen examination service or services or select an intermediary between the board and the examination service or services to process applicants for the examination or examinations; (5) Establish any other criteria for issuance of licensure that are reasonably related to the safe and competent performance of prosthetics, orthotics and pedorthics; (6) Accredit continuing education courses; (7) (A) Establish the fees to be paid for each of the following: (i) Application for licensure; (ii) Renewal or reinstatement of licensure; (iii) Late renewal of licensure; (iv) Application for continuing education course accreditation; and (v) Duplicate or replacement license; (B) The fees shall be set at a level that is adequate to pay all of the expenses of implementing and administering this part. All deposits and disbursements shall be handled in accordance with § 63-1-137 ; (8) Establish the continuing education requirements for license holders, which shall include the frequency of reporting, number of hours, types of courses, approval of courses, methods of proving compliance, penalties for violation and all fees necessary for implementation of the continuing education process; (9) Regulate the nature, manner, content and extent of advertising by persons licensed under this part; (10) Delineate the actions relative to therapeutic footwear and medical devices for the foot and ankle that must be performed by licensed health care practitioners; and (11) Establish a registration process for residents as prescribed in § 63-3-209(2)(B) .
(1) Establish licensure categories and issue licenses for prosthetists, orthotists and pedorthists;
(2) Establish the qualifications, educational courses, curriculum, hours and standards that are prerequisite to issuance of all levels and types of licensure established pursuant to subdivision (a)(1); provided, however, that such qualifications shall include the following: (A) To qualify for a license to practice orthotics or prosthetics, a person shall: (i) Possess a baccalaureate degree or semester hours equivalent to four (4) years of study at a four-year college or university; (ii) Complete the amount of formal training, including, but not limited to, any necessary hours of classroom education and clinical practice required by the board; (iii) Complete a clinical residency in the professional area for which a license is sought, in accordance with standards, guidelines, or procedures for residencies inside or outside this state established and approved by the board. The majority of training shall be devoted to services performed under the supervision of a licensed practitioner of orthotics or prosthetics or a person who has obtained certification from the American Board for Certification in Orthotics and Prosthetics, Inc. or the Board for Orthotist/Prosthetist Certification; (iv) Pass all written, practical and oral examinations that are required and approved by the board; and (v) Be qualified to practice in accordance with commonly accepted standards of orthotic and prosthetic care acceptable to the board; (B) To qualify for a license to practice pedorthics, a person shall: (i) Possess a high school diploma or comparable credential approved by the board; (ii) Complete the amount of formal training, including, but not limited to, any necessary hours of classroom education and clinical practice required by the board; (iii) Pass all examinations that are required and approved by the board; (iv) Complete a qualified work experience program or internship in pedorthics, in accordance with standards and procedures established by the board; and (v) Be qualified to practice in accordance with commonly accepted standards of pedorthic care acceptable to the board; and (C) A person may be licensed in more than one (1) discipline;
(A) To qualify for a license to practice orthotics or prosthetics, a person shall: (i) Possess a baccalaureate degree or semester hours equivalent to four (4) years of study at a four-year college or university; (ii) Complete the amount of formal training, including, but not limited to, any necessary hours of classroom education and clinical practice required by the board; (iii) Complete a clinical residency in the professional area for which a license is sought, in accordance with standards, guidelines, or procedures for residencies inside or outside this state established and approved by the board. The majority of training shall be devoted to services performed under the supervision of a licensed practitioner of orthotics or prosthetics or a person who has obtained certification from the American Board for Certification in Orthotics and Prosthetics, Inc. or the Board for Orthotist/Prosthetist Certification; (iv) Pass all written, practical and oral examinations that are required and approved by the board; and (v) Be qualified to practice in accordance with commonly accepted standards of orthotic and prosthetic care acceptable to the board;
(i) Possess a baccalaureate degree or semester hours equivalent to four (4) years of study at a four-year college or university;
(ii) Complete the amount of formal training, including, but not limited to, any necessary hours of classroom education and clinical practice required by the board;
(iii) Complete a clinical residency in the professional area for which a license is sought, in accordance with standards, guidelines, or procedures for residencies inside or outside this state established and approved by the board. The majority of training shall be devoted to services performed under the supervision of a licensed practitioner of orthotics or prosthetics or a person who has obtained certification from the American Board for Certification in Orthotics and Prosthetics, Inc. or the Board for Orthotist/Prosthetist Certification;
(iv) Pass all written, practical and oral examinations that are required and approved by the board; and
(v) Be qualified to practice in accordance with commonly accepted standards of orthotic and prosthetic care acceptable to the board;
(B) To qualify for a license to practice pedorthics, a person shall: (i) Possess a high school diploma or comparable credential approved by the board; (ii) Complete the amount of formal training, including, but not limited to, any necessary hours of classroom education and clinical practice required by the board; (iii) Pass all examinations that are required and approved by the board; (iv) Complete a qualified work experience program or internship in pedorthics, in accordance with standards and procedures established by the board; and (v) Be qualified to practice in accordance with commonly accepted standards of pedorthic care acceptable to the board; and
(i) Possess a high school diploma or comparable credential approved by the board;
(ii) Complete the amount of formal training, including, but not limited to, any necessary hours of classroom education and clinical practice required by the board;
(iii) Pass all examinations that are required and approved by the board;
(iv) Complete a qualified work experience program or internship in pedorthics, in accordance with standards and procedures established by the board; and
(v) Be qualified to practice in accordance with commonly accepted standards of pedorthic care acceptable to the board; and
(C) A person may be licensed in more than one (1) discipline;
(3) Establish the circumstances or conditions, if any, under which persons shall be entitled to exemption from licensure during training, while waiting to take or receive the results of any required examination or upon meeting specified minimum educational and clinical qualifications;
(4) Select the examination or examinations to be utilized as the board's licensure examination or examinations and the prerequisites, if any, for admission to the examination or examinations. The board is authorized to enter into a contract or agreement with the chosen examination service or services or select an intermediary between the board and the examination service or services to process applicants for the examination or examinations;
(5) Establish any other criteria for issuance of licensure that are reasonably related to the safe and competent performance of prosthetics, orthotics and pedorthics;
(6) Accredit continuing education courses;
(7) (A) Establish the fees to be paid for each of the following: (i) Application for licensure; (ii) Renewal or reinstatement of licensure; (iii) Late renewal of licensure; (iv) Application for continuing education course accreditation; and (v) Duplicate or replacement license; (B) The fees shall be set at a level that is adequate to pay all of the expenses of implementing and administering this part. All deposits and disbursements shall be handled in accordance with § 63-1-137 ;
(A) Establish the fees to be paid for each of the following: (i) Application for licensure; (ii) Renewal or reinstatement of licensure; (iii) Late renewal of licensure; (iv) Application for continuing education course accreditation; and (v) Duplicate or replacement license;
(i) Application for licensure;
(ii) Renewal or reinstatement of licensure;
(iii) Late renewal of licensure;
(iv) Application for continuing education course accreditation; and
(v) Duplicate or replacement license;
(B) The fees shall be set at a level that is adequate to pay all of the expenses of implementing and administering this part. All deposits and disbursements shall be handled in accordance with § 63-1-137 ;
(8) Establish the continuing education requirements for license holders, which shall include the frequency of reporting, number of hours, types of courses, approval of courses, methods of proving compliance, penalties for violation and all fees necessary for implementation of the continuing education process;
(9) Regulate the nature, manner, content and extent of advertising by persons licensed under this part;
(10) Delineate the actions relative to therapeutic footwear and medical devices for the foot and ankle that must be performed by licensed health care practitioners; and
(11) Establish a registration process for residents as prescribed in § 63-3-209(2)(B) .
(b) The board shall have the authority to: (1) Conduct disciplinary hearings, in accordance with the Uniform Administrative Procedures Act; and (2) [Deleted by 2024 amendment.]
(1) Conduct disciplinary hearings, in accordance with the Uniform Administrative Procedures Act; and
(2) [Deleted by 2024 amendment.]
Amended by 2024 Tenn. Acts, ch. 944,s 3, eff. 7/1/2024.
Amended by 2017 Tenn. Acts, ch. 167, s 2, eff. 7/1/2017.
Acts 2005, ch. 380, § 1.