Tenn. Code Ann. § 63-5-131 — TN Code / Title 63 / Chapter 5 / Section 63-5-131
Immunity of peer review committee from liability - Confidentiality
Status: in_force

(a) As used in this section, "peer review committee" or "committee" means any committee, board, commission or other entity constituted by any statewide dental association or local dental society for the purpose of receiving and evaluating dental acts of other dentists or dental auxiliary personnel or their personal conduct as it relates to the performance of their professional duties. (b) Any dentist who serves on any peer review committee or on any other committee is immune from liability with respect to any action taken by the dentist in good faith and without malice as a member of such committee, board, commission or other entity. (c) Dentists, dental hygienists and registered dental assistants, members of boards of directors or trustees of any publicly supported or privately supported hospital or other such provider of health care, or any other individual appointed to any committee, as such term is described in subsection (a), are immune from liability to any patient, individual or organization for furnishing information, data, reports or records to any such committee or for damages resulting from any decision, opinions, actions and proceedings rendered, entered or acted upon by such committees undertaken or performed within the scope or functions of the duties of such committees, if made or taken in good faith and without malice and on the basis of facts reasonably known or reasonably believed to exist. (d) All information, interviews, reports, statements, memoranda or other data furnished to any such peer review committee or other entity and any findings, conclusions or recommendations resulting from the proceedings of such committee or other entity are privileged. The records and proceedings of any such committee or other entity are confidential and shall be used by such committee or other entity and the members thereof only in the exercise of the proper functions of the committee or other entity and shall not become public record nor be available for court subpoena or discovery proceedings. Nothing contained in this subsection (d) applies to records, documents or information otherwise available from original sources, such records, documents or information not to be construed as immune from discovery or use in any civil proceeding solely due to presentation to the committee. Acts 1974, ch. 656, § 1; T.C.A., § 63-561; Acts 1985, ch. 71, § 7; 1990, ch. 1031, §29; 1992, ch. 859, § 2.
(a) As used in this section, "peer review committee" or "committee" means any committee, board, commission or other entity constituted by any statewide dental association or local dental society for the purpose of receiving and evaluating dental acts of other dentists or dental auxiliary personnel or their personal conduct as it relates to the performance of their professional duties.
(b) Any dentist who serves on any peer review committee or on any other committee is immune from liability with respect to any action taken by the dentist in good faith and without malice as a member of such committee, board, commission or other entity.
(c) Dentists, dental hygienists and registered dental assistants, members of boards of directors or trustees of any publicly supported or privately supported hospital or other such provider of health care, or any other individual appointed to any committee, as such term is described in subsection (a), are immune from liability to any patient, individual or organization for furnishing information, data, reports or records to any such committee or for damages resulting from any decision, opinions, actions and proceedings rendered, entered or acted upon by such committees undertaken or performed within the scope or functions of the duties of such committees, if made or taken in good faith and without malice and on the basis of facts reasonably known or reasonably believed to exist.
(d) All information, interviews, reports, statements, memoranda or other data furnished to any such peer review committee or other entity and any findings, conclusions or recommendations resulting from the proceedings of such committee or other entity are privileged. The records and proceedings of any such committee or other entity are confidential and shall be used by such committee or other entity and the members thereof only in the exercise of the proper functions of the committee or other entity and shall not become public record nor be available for court subpoena or discovery proceedings. Nothing contained in this subsection (d) applies to records, documents or information otherwise available from original sources, such records, documents or information not to be construed as immune from discovery or use in any civil proceeding solely due to presentation to the committee.
Acts 1974, ch. 656, § 1; T.C.A., § 63-561; Acts 1985, ch. 71, § 7; 1990, ch. 1031, §29; 1992, ch. 859, § 2.
Tenn. Code Ann. § 63-29-102 — TN Code / Title 63 / Chapter 29 / Section 63-29-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context requires otherwise: (1) "Antepartal" means occurring during pregnancy; (2) "Board" means the board of osteopathic examiners of the department of health to which the council of certified professional midwifery reports; (3) "Certified professional midwife (CPM)" means a person who has obtained national certification from the North American Registry of Midwives; (4) "Consultation" means exchange of information and advice regarding the client condition and indicated treatment with a physician; (5) "Council" means the council of certified professional midwifery; (6) "CPM-TN" means certified professional midwife in Tennessee. A "CPM-TN" must be certified to practice midwifery by the North American Registry of Midwives; (7) "Department" means the department of health; (8) "Intrapartal" means occurring during the process of giving birth; (9) "Midwife" means a person who is trained to give the necessary care and advice to women during pregnancy, labor, and the post-birth period, to conduct normal deliveries on the midwive's own responsibility and to care for the newly born infant. The midwife is able to recognize the warning signs of abnormal conditions requiring referral to and/or collaboration with a physician; (10) "Midwifery" means the practice of attending low-risk women during pregnancy, labor and the post-birth period with the informed consent of the mother. The scope of midwifery shall include comprehensive care of the pregnant woman during the antepartal phase, intrapartal phase, and postpartal phase, and application of emergency care when necessary; (11) "NARM" means the North American Registry of Midwives; (12) "Physician" means a person who is duly licensed in the state of Tennessee to practice medicine by the state board of medical examiners or to practice osteopathy by the board; and (13) "Postpartal" means occurring subsequent to birth. Acts 2000, ch. 576, § 3.
As used in this chapter, unless the context requires otherwise:
(1) "Antepartal" means occurring during pregnancy;
(2) "Board" means the board of osteopathic examiners of the department of health to which the council of certified professional midwifery reports;
(3) "Certified professional midwife (CPM)" means a person who has obtained national certification from the North American Registry of Midwives;
(4) "Consultation" means exchange of information and advice regarding the client condition and indicated treatment with a physician;
(5) "Council" means the council of certified professional midwifery;
(6) "CPM-TN" means certified professional midwife in Tennessee. A "CPM-TN" must be certified to practice midwifery by the North American Registry of Midwives;
(7) "Department" means the department of health;
(8) "Intrapartal" means occurring during the process of giving birth;
(9) "Midwife" means a person who is trained to give the necessary care and advice to women during pregnancy, labor, and the post-birth period, to conduct normal deliveries on the midwive's own responsibility and to care for the newly born infant. The midwife is able to recognize the warning signs of abnormal conditions requiring referral to and/or collaboration with a physician;
(10) "Midwifery" means the practice of attending low-risk women during pregnancy, labor and the post-birth period with the informed consent of the mother. The scope of midwifery shall include comprehensive care of the pregnant woman during the antepartal phase, intrapartal phase, and postpartal phase, and application of emergency care when necessary;
(11) "NARM" means the North American Registry of Midwives;
(12) "Physician" means a person who is duly licensed in the state of Tennessee to practice medicine by the state board of medical examiners or to practice osteopathy by the board; and
(13) "Postpartal" means occurring subsequent to birth.
Acts 2000, ch. 576, § 3.
Tenn. Code Ann. § 63-25-111 — TN Code / Title 63 / Chapter 25 / Section 63-25-111
Fees
Status: in_force

For the purpose of implementing this chapter, the board, by duly promulgated rule, shall establish fees for applications, examinations, renewals, reciprocity and other related matters. Acts 1987, ch. 384, § 13; 1989, ch. 523, § 214.
For the purpose of implementing this chapter, the board, by duly promulgated rule, shall establish fees for applications, examinations, renewals, reciprocity and other related matters.
Acts 1987, ch. 384, § 13; 1989, ch. 523, § 214.
Tenn. Code Ann. § 63-13-501 — TN Code / Title 63 / Chapter 13 / Section 63-13-501
Short title
Status: in_force

This part is known and may be cited as the "Occupational Therapy Licensure Compact." Added by 2022 Tenn. Acts, ch. 839, s 1, eff. 4/19/2022.
This part is known and may be cited as the "Occupational Therapy Licensure Compact."
Added by 2022 Tenn. Acts, ch. 839, s 1, eff. 4/19/2022.
Tenn. Code Ann. § 63-3-101 — TN Code / Title 63 / Chapter 3 / Section 63-3-101
"Podiatrist" defined - Performance of ankle surgery
Status: in_force

(a) Within this chapter, "podiatrist" means one who examines, diagnoses or treats, medically mechanically or surgically, the ailments of the human foot, ankle and soft tissue structures extending no higher than the distal tibial metaphyseal flair, including the use and prescribing of drugs and medications, but excluding the direct applications of general anesthesia by a podiatrist and the amputation of the foot. A podiatrist may perform Achilles tendon repair, subject to subsection (b), but may not perform surgery on Pilon fractures or tibial fractures that do not enter the ankle joint. (b) A licensed podiatrist may perform ankle surgery only when that podiatrist meets the requirements of either subdivision (b)(1) or (b)(2): (1) Was, prior to October 2, 1995, credentialed to perform ankle surgery by a JCAHO accredited hospital in Tennessee or JCAHO accredited ambulatory surgical treatment center in Tennessee; provided, that a podiatrist who qualifies to perform ankle surgery under this subdivision (b)(1) must, if the podiatrist wishes to continue to perform ankle surgery: (A) Notify the board as to the hospital or ambulatory surgical treatment center at which the podiatrist was credentialed to perform ankle surgery prior to October 2, 1995; (B) Obtain and maintain evidence of obtaining at least ten (10) hours of approved continuing education related to ankle surgery annually; and (C) Comply with any other requirements established by the board to ensure continued proficiency in performing ankle surgery; or (2) Has completed a surgical residency program at least twenty-four (24) months in length that has been approved by the council on podiatric medical education and is currently eligible for certification to perform reconstructive rearfoot/ankle surgery by the American Board of Podiatric Surgery; provided, that a podiatrist who qualifies to perform ankle surgery under this subdivision (b)(2) must obtain certification to perform reconstructive rearfoot/ankle surgery from the American Board of Podiatric Surgery within six (6) years of May 24, 2000, or within six (6) years of first becoming eligible for certification, whichever date is later, and may not continue to perform ankle surgery if that podiatrist has not obtained certification by the end of the six-year period. (c) A licensed podiatrist may perform ankle surgery only in an accredited hospital or ambulatory surgical treatment center licensed under title 68 at which the podiatrist has surgical privileges to perform ankle surgery. For purposes of this subsection (c), an accredited hospital is one that is accredited by joint commission or the American Osteopathic Association, and an accredited ambulatory surgical treatment center is one that is accredited by joint commission, Accreditation Association for Ambulatory Health Care or American Association for Accreditation of Ambulatory Surgical Facilities. A podiatrist who performs ankle surgery in an ambulatory surgical treatment center must first have surgical privileges to perform ankle surgery at a local hospital. A licensed podiatrist who performs ankle surgery must meet the same standard of care applicable to orthopedic surgeons who perform ankle surgery. (d) Licensed podiatrists may perform nonsurgical care on the ankle without meeting the requirements of subsection (b). (e) A licensed podiatrist may collaborate with a physician assistant or an orthopedic physician assistant licensed pursuant to chapter 19 of this title. A podiatrist collaborating with a physician assistant pursuant to this subsection (e) shall comply with the requirements of and any rules adopted pursuant to §§ 63-19-106 and 63-19-107 governing collaboration with a physician assistant. A podiatrist collaborating with an orthopedic physician assistant pursuant to this subsection (e) shall comply with the requirements of and any rules adopted pursuant to §§ 63-19-203 - 63-19-205 governing collaboration with an orthopedic physician assistant. Amended by 2018 Tenn. Acts, ch. 610,s 2, eff. 7/1/2018. Amended by 2016 Tenn. Acts, ch. 946,s 1, eff. 4/27/2016. Acts 1931, ch. 31, § 1; C. Supp. 1950, § 7182.1; Acts 1963, ch. 290, § 1; 1971, ch. 188, § 2; 1976, ch. 796, § 1; T.C.A. (orig. ed.), § 63-301; Acts 2000, ch. 828, § 1; 2004, ch. 668, § 1; 2009, ch. 422, § 11.
(a) Within this chapter, "podiatrist" means one who examines, diagnoses or treats, medically mechanically or surgically, the ailments of the human foot, ankle and soft tissue structures extending no higher than the distal tibial metaphyseal flair, including the use and prescribing of drugs and medications, but excluding the direct applications of general anesthesia by a podiatrist and the amputation of the foot. A podiatrist may perform Achilles tendon repair, subject to subsection (b), but may not perform surgery on Pilon fractures or tibial fractures that do not enter the ankle joint.
(b) A licensed podiatrist may perform ankle surgery only when that podiatrist meets the requirements of either subdivision (b)(1) or (b)(2): (1) Was, prior to October 2, 1995, credentialed to perform ankle surgery by a JCAHO accredited hospital in Tennessee or JCAHO accredited ambulatory surgical treatment center in Tennessee; provided, that a podiatrist who qualifies to perform ankle surgery under this subdivision (b)(1) must, if the podiatrist wishes to continue to perform ankle surgery: (A) Notify the board as to the hospital or ambulatory surgical treatment center at which the podiatrist was credentialed to perform ankle surgery prior to October 2, 1995; (B) Obtain and maintain evidence of obtaining at least ten (10) hours of approved continuing education related to ankle surgery annually; and (C) Comply with any other requirements established by the board to ensure continued proficiency in performing ankle surgery; or (2) Has completed a surgical residency program at least twenty-four (24) months in length that has been approved by the council on podiatric medical education and is currently eligible for certification to perform reconstructive rearfoot/ankle surgery by the American Board of Podiatric Surgery; provided, that a podiatrist who qualifies to perform ankle surgery under this subdivision (b)(2) must obtain certification to perform reconstructive rearfoot/ankle surgery from the American Board of Podiatric Surgery within six (6) years of May 24, 2000, or within six (6) years of first becoming eligible for certification, whichever date is later, and may not continue to perform ankle surgery if that podiatrist has not obtained certification by the end of the six-year period.
(1) Was, prior to October 2, 1995, credentialed to perform ankle surgery by a JCAHO accredited hospital in Tennessee or JCAHO accredited ambulatory surgical treatment center in Tennessee; provided, that a podiatrist who qualifies to perform ankle surgery under this subdivision (b)(1) must, if the podiatrist wishes to continue to perform ankle surgery: (A) Notify the board as to the hospital or ambulatory surgical treatment center at which the podiatrist was credentialed to perform ankle surgery prior to October 2, 1995; (B) Obtain and maintain evidence of obtaining at least ten (10) hours of approved continuing education related to ankle surgery annually; and (C) Comply with any other requirements established by the board to ensure continued proficiency in performing ankle surgery; or
(A) Notify the board as to the hospital or ambulatory surgical treatment center at which the podiatrist was credentialed to perform ankle surgery prior to October 2, 1995;
(B) Obtain and maintain evidence of obtaining at least ten (10) hours of approved continuing education related to ankle surgery annually; and
(C) Comply with any other requirements established by the board to ensure continued proficiency in performing ankle surgery; or
(2) Has completed a surgical residency program at least twenty-four (24) months in length that has been approved by the council on podiatric medical education and is currently eligible for certification to perform reconstructive rearfoot/ankle surgery by the American Board of Podiatric Surgery; provided, that a podiatrist who qualifies to perform ankle surgery under this subdivision (b)(2) must obtain certification to perform reconstructive rearfoot/ankle surgery from the American Board of Podiatric Surgery within six (6) years of May 24, 2000, or within six (6) years of first becoming eligible for certification, whichever date is later, and may not continue to perform ankle surgery if that podiatrist has not obtained certification by the end of the six-year period.
(c) A licensed podiatrist may perform ankle surgery only in an accredited hospital or ambulatory surgical treatment center licensed under title 68 at which the podiatrist has surgical privileges to perform ankle surgery. For purposes of this subsection (c), an accredited hospital is one that is accredited by joint commission or the American Osteopathic Association, and an accredited ambulatory surgical treatment center is one that is accredited by joint commission, Accreditation Association for Ambulatory Health Care or American Association for Accreditation of Ambulatory Surgical Facilities. A podiatrist who performs ankle surgery in an ambulatory surgical treatment center must first have surgical privileges to perform ankle surgery at a local hospital. A licensed podiatrist who performs ankle surgery must meet the same standard of care applicable to orthopedic surgeons who perform ankle surgery.
(d) Licensed podiatrists may perform nonsurgical care on the ankle without meeting the requirements of subsection (b).
(e) A licensed podiatrist may collaborate with a physician assistant or an orthopedic physician assistant licensed pursuant to chapter 19 of this title. A podiatrist collaborating with a physician assistant pursuant to this subsection (e) shall comply with the requirements of and any rules adopted pursuant to §§ 63-19-106 and 63-19-107 governing collaboration with a physician assistant. A podiatrist collaborating with an orthopedic physician assistant pursuant to this subsection (e) shall comply with the requirements of and any rules adopted pursuant to §§ 63-19-203 - 63-19-205 governing collaboration with an orthopedic physician assistant.
Amended by 2018 Tenn. Acts, ch. 610,s 2, eff. 7/1/2018.
Amended by 2016 Tenn. Acts, ch. 946,s 1, eff. 4/27/2016.
Acts 1931, ch. 31, § 1; C. Supp. 1950, § 7182.1; Acts 1963, ch. 290, § 1; 1971, ch. 188, § 2; 1976, ch. 796, § 1; T.C.A. (orig. ed.), § 63-301; Acts 2000, ch. 828, § 1; 2004, ch. 668, § 1; 2009, ch. 422, § 11.
Tenn. Code Ann. § 63-27-113 — TN Code / Title 63 / Chapter 27 / Section 63-27-113
Required credentials for registered respiratory therapist
Status: in_force

Any person currently licensed as a registered respiratory therapist who has not obtained the credential "registered respiratory therapist (RRT)" from the National Board for Respiratory Care shall have until January 1, 2004, to obtain such credential in order to continue being licensed as a registered respiratory therapist in this state. If such person has not obtained such credential by January 1, 2004, such person's license shall be renewed as a certified respiratory therapist license when it is next renewed. Acts 1986, ch. 610, § 1; 1987, ch. 192, § 11; T.C.A. §63-6-413; Acts 1998, ch. 1106, §§ 16, 17, 27 - 29, 42, 55; 2000, ch. 621, §§ 2, 3; 2002, ch. 662, § 6.
Any person currently licensed as a registered respiratory therapist who has not obtained the credential "registered respiratory therapist (RRT)" from the National Board for Respiratory Care shall have until January 1, 2004, to obtain such credential in order to continue being licensed as a registered respiratory therapist in this state. If such person has not obtained such credential by January 1, 2004, such person's license shall be renewed as a certified respiratory therapist license when it is next renewed.
Acts 1986, ch. 610, § 1; 1987, ch. 192, § 11; T.C.A. §63-6-413; Acts 1998, ch. 1106, §§ 16, 17, 27 - 29, 42, 55; 2000, ch. 621, §§ 2, 3; 2002, ch. 662, § 6.
Tenn. Code Ann. § 63-10-103 — TN Code / Title 63 / Chapter 10 / Section 63-10-103
Contract between pharmacy and program administrator
Status: in_force

Any agreement or contract entered into in this state between the program administrator of a third-party prescription program and a pharmacy shall include a statement of: (1) The method and amount of reimbursement to the pharmacy for services rendered to persons enrolled in such program; (2) The frequency of payment by such program administrator to the pharmacy for such services rendered; and (3) A method for the adjudication of complaints or the settlement of disputes between the parties. Acts 1981, ch. 104, § 4; T.C.A., § 63-1053; T.C.A. § 63-10-303 .
Any agreement or contract entered into in this state between the program administrator of a third-party prescription program and a pharmacy shall include a statement of:
(1) The method and amount of reimbursement to the pharmacy for services rendered to persons enrolled in such program;
(2) The frequency of payment by such program administrator to the pharmacy for such services rendered; and
(3) A method for the adjudication of complaints or the settlement of disputes between the parties.
Acts 1981, ch. 104, § 4; T.C.A., § 63-1053; T.C.A. § 63-10-303 .
Tenn. Code Ann. § 63-12-201 — TN Code / Title 63 / Chapter 12 / Section 63-12-201
Part definitions
Status: in_force

As used in this part: (1) "Animal massage therapy" means the manipulation of the soft tissues of the animal body with the intention of positively affecting the health and well-being of the animal. "Animal massage therapy" does not include the diagnosis, treatment, correction, alleviation, or prevention of any animal disease, illness, pain, deformity, defect, injury, or other physical or mental condition, or otherwise constitute the practice of veterinary medicine; (2) "Certified animal massage therapist" means a person who qualifies for, and voluntarily obtains, certification under this part; and (3) "Registered animal massage therapist" means a person who qualifies for, and voluntarily obtains, certification under this part. Acts 2018 , ch. 679, § 3.
As used in this part:
(1) "Animal massage therapy" means the manipulation of the soft tissues of the animal body with the intention of positively affecting the health and well-being of the animal. "Animal massage therapy" does not include the diagnosis, treatment, correction, alleviation, or prevention of any animal disease, illness, pain, deformity, defect, injury, or other physical or mental condition, or otherwise constitute the practice of veterinary medicine;
(2) "Certified animal massage therapist" means a person who qualifies for, and voluntarily obtains, certification under this part; and
(3) "Registered animal massage therapist" means a person who qualifies for, and voluntarily obtains, certification under this part.
Acts 2018 , ch. 679, § 3.
Tenn. Code Ann. § 63-23-101 — TN Code / Title 63 / Chapter 23 / Section 63-23-101
Board - Creation - Membership
Status: in_force

(a) There is created the board of social worker licensure. On and after July 1, 2008, the former board of social worker certification and licensure is renamed and shall be known as the board of social worker licensure. (b) (1) On and after July 1, 2008, the board shall consist of eleven (11) members, one (1) of whom shall be a representative of the public, having neither a direct nor an indirect association with the social work profession, and each of the remainder shall be social workers who possess the qualifications specified in §§ 63-23-102 - 63-23-105. The board shall at all times be composed of two (2) licensed baccalaureate social workers, two (2) licensed master's social workers, three (3) licensed advanced practice social workers and three (3) licensed clinical social workers, all of whom shall be residents of the state, and who shall be appointed by the governor. (2) In order to transition to the eleven-member board with new licensure classifications, appointments to the board on and after July 1, 2008, shall be made in the following manner: (A) A licensed advanced practice social worker shall be appointed to the board as a new member for a five-year term; (B) A licensed advanced practice social worker shall be appointed to the board as a new member for a four-year term; (C) A licensed baccalaureate social worker shall be appointed to the board as a new member for a five-year term; (D) A licensed baccalaureate social worker shall be appointed to the board as a new member for a four-year term; (E) A certified master social worker whose term expires in 2008 shall be replaced by the appointment of a licensed advanced practice social worker for a three-year term; (F) A certified master social worker whose term expires in 2008 shall be replaced by the appointment of a licensed master's social worker for a five-year term; (G) Two (2) independent practitioners whose terms expire in 2009 shall be replaced by the appointment of two (2) licensed clinical social workers for five-year terms; (H) A certified master social worker whose term expires in 2009 shall be replaced by the appointment of a licensed master's social worker for a five-year term; (I) An independent practitioner whose term expires in 2010 shall be replaced by the appointment of a licensed clinical social worker for a five-year term; and (J) The member of the public who is not directly or indirectly engaged in social work whose term expires in 2011 shall be replaced by a member of the public for a five-year term. (3) The social worker members may be appointed by the governor from lists of nominees submitted by interested social worker groups, including, but not limited to, the Tennessee chapter of the National Association of Social Workers. The governor shall consult with the interested social worker groups to determine qualified persons to fill positions on the board. (4) All board members, except the member of the public who is not directly or indirectly engaged in social work, shall be duly licensed or eligible to be licensed by the board. Subsequent appointees to the board shall possess the professional qualifications required by their predecessors as required in this section and shall be appointed to five-year terms. (5) Members shall serve until their successors are appointed and qualified. Any vacancy occurring on the board shall be filled by the governor for the balance of the unexpired term. A board member is eligible for reappointment. (6) In making appointments to the board, the governor shall strive to ensure that at least one (1) person serving on the board is sixty (60) years of age or older and that at least one (1) person serving on the board is a member of a racial minority. (c) For each day engaged in the business of the board, members shall receive as compensation fifty dollars ($50.00) 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. (d) The members of the board shall annually elect a chair and a secretary. (e) The board shall meet as frequently as reasonably necessary to implement this chapter. Six (6) or more members of the board constitute a quorum for transacting board business. (f) 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. Amended by 2017 Tenn. Acts, ch. 211, s 3, eff. 4/28/2017. Amended by 2014 Tenn. Acts, ch. 601, s 3, eff. 4/4/2014. Acts 1984, ch. 1003, § 1; 1988, ch. 1013, § 58; 1994, ch. 691, §§3-6; 2008 , ch. 1016, § 1.
(a) There is created the board of social worker licensure. On and after July 1, 2008, the former board of social worker certification and licensure is renamed and shall be known as the board of social worker licensure.
(b) (1) On and after July 1, 2008, the board shall consist of eleven (11) members, one (1) of whom shall be a representative of the public, having neither a direct nor an indirect association with the social work profession, and each of the remainder shall be social workers who possess the qualifications specified in §§ 63-23-102 - 63-23-105. The board shall at all times be composed of two (2) licensed baccalaureate social workers, two (2) licensed master's social workers, three (3) licensed advanced practice social workers and three (3) licensed clinical social workers, all of whom shall be residents of the state, and who shall be appointed by the governor. (2) In order to transition to the eleven-member board with new licensure classifications, appointments to the board on and after July 1, 2008, shall be made in the following manner: (A) A licensed advanced practice social worker shall be appointed to the board as a new member for a five-year term; (B) A licensed advanced practice social worker shall be appointed to the board as a new member for a four-year term; (C) A licensed baccalaureate social worker shall be appointed to the board as a new member for a five-year term; (D) A licensed baccalaureate social worker shall be appointed to the board as a new member for a four-year term; (E) A certified master social worker whose term expires in 2008 shall be replaced by the appointment of a licensed advanced practice social worker for a three-year term; (F) A certified master social worker whose term expires in 2008 shall be replaced by the appointment of a licensed master's social worker for a five-year term; (G) Two (2) independent practitioners whose terms expire in 2009 shall be replaced by the appointment of two (2) licensed clinical social workers for five-year terms; (H) A certified master social worker whose term expires in 2009 shall be replaced by the appointment of a licensed master's social worker for a five-year term; (I) An independent practitioner whose term expires in 2010 shall be replaced by the appointment of a licensed clinical social worker for a five-year term; and (J) The member of the public who is not directly or indirectly engaged in social work whose term expires in 2011 shall be replaced by a member of the public for a five-year term. (3) The social worker members may be appointed by the governor from lists of nominees submitted by interested social worker groups, including, but not limited to, the Tennessee chapter of the National Association of Social Workers. The governor shall consult with the interested social worker groups to determine qualified persons to fill positions on the board. (4) All board members, except the member of the public who is not directly or indirectly engaged in social work, shall be duly licensed or eligible to be licensed by the board. Subsequent appointees to the board shall possess the professional qualifications required by their predecessors as required in this section and shall be appointed to five-year terms. (5) Members shall serve until their successors are appointed and qualified. Any vacancy occurring on the board shall be filled by the governor for the balance of the unexpired term. A board member is eligible for reappointment. (6) 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) On and after July 1, 2008, the board shall consist of eleven (11) members, one (1) of whom shall be a representative of the public, having neither a direct nor an indirect association with the social work profession, and each of the remainder shall be social workers who possess the qualifications specified in §§ 63-23-102 - 63-23-105. The board shall at all times be composed of two (2) licensed baccalaureate social workers, two (2) licensed master's social workers, three (3) licensed advanced practice social workers and three (3) licensed clinical social workers, all of whom shall be residents of the state, and who shall be appointed by the governor.
(2) In order to transition to the eleven-member board with new licensure classifications, appointments to the board on and after July 1, 2008, shall be made in the following manner: (A) A licensed advanced practice social worker shall be appointed to the board as a new member for a five-year term; (B) A licensed advanced practice social worker shall be appointed to the board as a new member for a four-year term; (C) A licensed baccalaureate social worker shall be appointed to the board as a new member for a five-year term; (D) A licensed baccalaureate social worker shall be appointed to the board as a new member for a four-year term; (E) A certified master social worker whose term expires in 2008 shall be replaced by the appointment of a licensed advanced practice social worker for a three-year term; (F) A certified master social worker whose term expires in 2008 shall be replaced by the appointment of a licensed master's social worker for a five-year term; (G) Two (2) independent practitioners whose terms expire in 2009 shall be replaced by the appointment of two (2) licensed clinical social workers for five-year terms; (H) A certified master social worker whose term expires in 2009 shall be replaced by the appointment of a licensed master's social worker for a five-year term; (I) An independent practitioner whose term expires in 2010 shall be replaced by the appointment of a licensed clinical social worker for a five-year term; and (J) The member of the public who is not directly or indirectly engaged in social work whose term expires in 2011 shall be replaced by a member of the public for a five-year term.
(A) A licensed advanced practice social worker shall be appointed to the board as a new member for a five-year term;
(B) A licensed advanced practice social worker shall be appointed to the board as a new member for a four-year term;
(C) A licensed baccalaureate social worker shall be appointed to the board as a new member for a five-year term;
(D) A licensed baccalaureate social worker shall be appointed to the board as a new member for a four-year term;
(E) A certified master social worker whose term expires in 2008 shall be replaced by the appointment of a licensed advanced practice social worker for a three-year term;
(F) A certified master social worker whose term expires in 2008 shall be replaced by the appointment of a licensed master's social worker for a five-year term;
(G) Two (2) independent practitioners whose terms expire in 2009 shall be replaced by the appointment of two (2) licensed clinical social workers for five-year terms;
(H) A certified master social worker whose term expires in 2009 shall be replaced by the appointment of a licensed master's social worker for a five-year term;
(I) An independent practitioner whose term expires in 2010 shall be replaced by the appointment of a licensed clinical social worker for a five-year term; and
(J) The member of the public who is not directly or indirectly engaged in social work whose term expires in 2011 shall be replaced by a member of the public for a five-year term.
(3) The social worker members may be appointed by the governor from lists of nominees submitted by interested social worker groups, including, but not limited to, the Tennessee chapter of the National Association of Social Workers. The governor shall consult with the interested social worker groups to determine qualified persons to fill positions on the board.
(4) All board members, except the member of the public who is not directly or indirectly engaged in social work, shall be duly licensed or eligible to be licensed by the board. Subsequent appointees to the board shall possess the professional qualifications required by their predecessors as required in this section and shall be appointed to five-year terms.
(5) Members shall serve until their successors are appointed and qualified. Any vacancy occurring on the board shall be filled by the governor for the balance of the unexpired term. A board member is eligible for reappointment.
(6) In making appointments to the board, the governor shall strive to ensure that at least one (1) person serving on the board is sixty (60) years of age or older and that at least one (1) person serving on the board is a member of a racial minority.
(c) For each day engaged in the business of the board, members shall receive as compensation fifty dollars ($50.00) 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.
(d) The members of the board shall annually elect a chair and a secretary.
(e) The board shall meet as frequently as reasonably necessary to implement this chapter. Six (6) or more members of the board constitute a quorum for transacting board business.
(f) 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.
Amended by 2017 Tenn. Acts, ch. 211, s 3, eff. 4/28/2017.
Amended by 2014 Tenn. Acts, ch. 601, s 3, eff. 4/4/2014.
Acts 1984, ch. 1003, § 1; 1988, ch. 1013, § 58; 1994, ch. 691, §§3-6; 2008 , ch. 1016, § 1.
Tenn. Code Ann. § 63-4-108 — TN Code / Title 63 / Chapter 4 / Section 63-4-108
Eligibility for licensure
Status: in_force

Any person of good moral character is eligible for licensure, if that person: (1) Is a graduate of a chiropractic college having status with the commission on accreditation of the Council on Chiropractic Education, or its successor, or graduated from an international chiropractic college approved by the board; (2) Has attended a chiropractic college for four (4) school years of not less than nine (9) months each; and (3) Submits to the board proof of additional parachiropractic education as follows: (A) For applicants matriculating in a chiropractic college prior to year 2000, the applicant must provide a transcript of grades showing a minimum of two (2) full academic years of college or university work of at least sixty (60) semester hours or its equivalent from an accredited institution; or (B) For applicants matriculating in a chiropractic college in year 2000 and beyond, proof that a bachelor's level education or its equivalent has been obtained from an accredited college or university. Acts 1923, ch. 9, § 4; Shan. Supp., § 3654a119; Code 1932, §7012; Acts 1939, ch. 116, § 3; 1941, ch. 29, § 1; C. Supp. 1950, § 7012; Acts 1975, ch. 229, § 1; T.C.A. (orig. ed.), § 63-409; Acts 2000, ch. 618, § 2.
Any person of good moral character is eligible for licensure, if that person:
(1) Is a graduate of a chiropractic college having status with the commission on accreditation of the Council on Chiropractic Education, or its successor, or graduated from an international chiropractic college approved by the board;
(2) Has attended a chiropractic college for four (4) school years of not less than nine (9) months each; and
(3) Submits to the board proof of additional parachiropractic education as follows: (A) For applicants matriculating in a chiropractic college prior to year 2000, the applicant must provide a transcript of grades showing a minimum of two (2) full academic years of college or university work of at least sixty (60) semester hours or its equivalent from an accredited institution; or (B) For applicants matriculating in a chiropractic college in year 2000 and beyond, proof that a bachelor's level education or its equivalent has been obtained from an accredited college or university.
(A) For applicants matriculating in a chiropractic college prior to year 2000, the applicant must provide a transcript of grades showing a minimum of two (2) full academic years of college or university work of at least sixty (60) semester hours or its equivalent from an accredited institution; or
(B) For applicants matriculating in a chiropractic college in year 2000 and beyond, proof that a bachelor's level education or its equivalent has been obtained from an accredited college or university.
Acts 1923, ch. 9, § 4; Shan. Supp., § 3654a119; Code 1932, §7012; Acts 1939, ch. 116, § 3; 1941, ch. 29, § 1; C. Supp. 1950, § 7012; Acts 1975, ch. 229, § 1; T.C.A. (orig. ed.), § 63-409; Acts 2000, ch. 618, § 2.
Tenn. Code Ann. § 63-32-110 — TN Code / Title 63 / Chapter 32 / Section 63-32-110
Managed care organizations
Status: in_force

(a) Managed care organizations regulated pursuant to title 56, chapter 32, shall provide an accurate listing of provider information as required by this chapter to the department of health. (b) A managed care organization shall report any addition or deletion of a provider from its panel of contracted members within twenty-one (21) business days of the date on which the managed care organization receives notice of the addition or deletion of a provider. The department shall cross-reference the change with the existing provider profile within seven (7) days of receipt of the information. (c) The department of commerce and insurance, to the extent to which it already collects the data required by this chapter, shall forward the existing data and all subsequent data to the department in such manner as the commissioner of health shall direct after consultation with the commissioner of commerce and insurance. Acts 1998, ch. 1073, § 10.
(a) Managed care organizations regulated pursuant to title 56, chapter 32, shall provide an accurate listing of provider information as required by this chapter to the department of health.
(b) A managed care organization shall report any addition or deletion of a provider from its panel of contracted members within twenty-one (21) business days of the date on which the managed care organization receives notice of the addition or deletion of a provider. The department shall cross-reference the change with the existing provider profile within seven (7) days of receipt of the information.
(c) The department of commerce and insurance, to the extent to which it already collects the data required by this chapter, shall forward the existing data and all subsequent data to the department in such manner as the commissioner of health shall direct after consultation with the commissioner of commerce and insurance.
Acts 1998, ch. 1073, § 10.
Tenn. Code Ann. § 63-12-138 — TN Code / Title 63 / Chapter 12 / Section 63-12-138
Peer review committees - Immunity - Confidentiality of information
Status: in_force

(a) As used in this section, "peer review committee" or "committee" means any committee, board, commission or other entity constituted by any statewide veterinary medical association, or local veterinary medical association or local veterinary association for the purpose of receiving and evaluating veterinary acts of other veterinarians or veterinary auxiliary personnel. (b) Any veterinarian who serves on any peer review committee or on any other committee shall be immune from liability with respect to any action taken by the veterinarian in good faith and without malice as a member of such committee, board, commission or other entity. (c) Veterinarians, licensed veterinary technicians and members of boards of directors of any publicly supported or privately supported animal health care facility, or any other individual appointed to any committee, as described in subsection (a), shall be immune from liability to any client, patient, individual or organization for furnishing information, data, reports or records to any such committee or for damages resulting from any decision, opinions, actions and proceedings rendered, entered or acted upon by such committees undertaken or performed within the scope or functions of the duties of such committees, if made or taken in good faith and without malice and on the basis of facts reasonably known or reasonably believed to exist. (d) All information, interviews, reports, statements, memoranda or other data furnished to any such peer review committee or other entity and any findings, conclusions or recommendations resulting from the proceedings of such committee or other entity are privileged. The records and proceedings of any such committee or other entity are confidential and shall be used by such committee or other entity and the members thereof only in the exercise of the proper functions of the committee or other entity and shall not become public record nor be available for court subpoena or discovery proceedings. Nothing contained in this subsection (d) applies to records, documents or information otherwise available from original sources, such records, documents or information not to be construed as immune from discovery or use in any civil proceedings solely due to presentation to the committee. Acts 1987, ch. 293, § 1; 1999, ch. 375, § 8.
(a) As used in this section, "peer review committee" or "committee" means any committee, board, commission or other entity constituted by any statewide veterinary medical association, or local veterinary medical association or local veterinary association for the purpose of receiving and evaluating veterinary acts of other veterinarians or veterinary auxiliary personnel.
(b) Any veterinarian who serves on any peer review committee or on any other committee shall be immune from liability with respect to any action taken by the veterinarian in good faith and without malice as a member of such committee, board, commission or other entity.
(c) Veterinarians, licensed veterinary technicians and members of boards of directors of any publicly supported or privately supported animal health care facility, or any other individual appointed to any committee, as described in subsection (a), shall be immune from liability to any client, patient, individual or organization for furnishing information, data, reports or records to any such committee or for damages resulting from any decision, opinions, actions and proceedings rendered, entered or acted upon by such committees undertaken or performed within the scope or functions of the duties of such committees, if made or taken in good faith and without malice and on the basis of facts reasonably known or reasonably believed to exist.
(d) All information, interviews, reports, statements, memoranda or other data furnished to any such peer review committee or other entity and any findings, conclusions or recommendations resulting from the proceedings of such committee or other entity are privileged. The records and proceedings of any such committee or other entity are confidential and shall be used by such committee or other entity and the members thereof only in the exercise of the proper functions of the committee or other entity and shall not become public record nor be available for court subpoena or discovery proceedings. Nothing contained in this subsection (d) applies to records, documents or information otherwise available from original sources, such records, documents or information not to be construed as immune from discovery or use in any civil proceedings solely due to presentation to the committee.
Acts 1987, ch. 293, § 1; 1999, ch. 375, § 8.
Tenn. Code Ann. § 63-10-506 — TN Code / Title 63 / Chapter 10 / Section 63-10-506
No restriction on use of samples
Status: in_force

This part does not restrict the use of samples by a physician or other person legally authorized to prescribe drugs pursuant to this title during the course of the physician's or other person's duties at a medical facility or pharmacy. Added by 2023 Tenn. Acts, ch. 200, s 1, eff. 1/1/2024.
This part does not restrict the use of samples by a physician or other person legally authorized to prescribe drugs pursuant to this title during the course of the physician's or other person's duties at a medical facility or pharmacy.
Added by 2023 Tenn. Acts, ch. 200, s 1, eff. 1/1/2024.
Tenn. Code Ann. § 63-25-203 — TN Code / Title 63 / Chapter 25 / Section 63-25-203
[Effective 1/1/2026] State participation in the compact
Status: in_force

(a) To participate in the compact, a state must currently: (1) License and regulate the practice of dietetics; and (2) Have a mechanism in place for receiving and investigating complaints about licensees. (b) A member state shall: (1) Participate fully in the compact commission's data system, including using the unique identifier as defined in rules; (2) Notify the compact commission, in compliance with the terms of the compact and rules, of any adverse action or the availability of current significant investigative information regarding a licensee; (3) Implement or utilize procedures for considering the criminal history record information of applicants for an initial compact privilege. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the federal bureau of investigation and the agency responsible for retaining that state's criminal records; (A) A member state must fully implement a criminal history record information requirement, within a time frame established by rule, which includes receiving the results of the federal bureau of investigation record search and shall use those results in determining compact privilege eligibility; and (B) Communication between a member state and the compact commission or among member states regarding the verification of eligibility for a compact privilege shall not include any information received from the federal bureau of investigation relating to a federal criminal history record information check performed by a member state; (4) Comply with and enforce the rules of the compact commission; (5) Require an applicant for a compact privilege to obtain or retain a license in the licensee's home state and meet the home state's qualifications for licensure or renewal of licensure, as well as all other applicable state laws; and (6) Recognize a compact privilege granted to a licensee who meets all of the requirements outlined in § 63-25-204 in accordance with the terms of the compact and rules. (c) Member states may set and collect a fee for granting a compact privilege. (d) Individuals not residing in a member state shall continue to be able to apply for a member state's single state license as provided under the laws of each member state. However, the single state license granted to these individuals shall not be recognized as granting a compact privilege to engage in the practice of dietetics in any other member state. (e) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single state license. (f) At no point shall the compact commission have the power to define the requirements for the issuance of a single state license to practice dietetics. The member states shall retain sole jurisdiction over the provision of these requirements. Added by 2024 Tenn. Acts, ch. 1025,s 1, eff. 1/1/2026.
(a) To participate in the compact, a state must currently: (1) License and regulate the practice of dietetics; and (2) Have a mechanism in place for receiving and investigating complaints about licensees.
(1) License and regulate the practice of dietetics; and
(2) Have a mechanism in place for receiving and investigating complaints about licensees.
(b) A member state shall: (1) Participate fully in the compact commission's data system, including using the unique identifier as defined in rules; (2) Notify the compact commission, in compliance with the terms of the compact and rules, of any adverse action or the availability of current significant investigative information regarding a licensee; (3) Implement or utilize procedures for considering the criminal history record information of applicants for an initial compact privilege. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the federal bureau of investigation and the agency responsible for retaining that state's criminal records; (A) A member state must fully implement a criminal history record information requirement, within a time frame established by rule, which includes receiving the results of the federal bureau of investigation record search and shall use those results in determining compact privilege eligibility; and (B) Communication between a member state and the compact commission or among member states regarding the verification of eligibility for a compact privilege shall not include any information received from the federal bureau of investigation relating to a federal criminal history record information check performed by a member state; (4) Comply with and enforce the rules of the compact commission; (5) Require an applicant for a compact privilege to obtain or retain a license in the licensee's home state and meet the home state's qualifications for licensure or renewal of licensure, as well as all other applicable state laws; and (6) Recognize a compact privilege granted to a licensee who meets all of the requirements outlined in § 63-25-204 in accordance with the terms of the compact and rules.
(1) Participate fully in the compact commission's data system, including using the unique identifier as defined in rules;
(2) Notify the compact commission, in compliance with the terms of the compact and rules, of any adverse action or the availability of current significant investigative information regarding a licensee;
(3) Implement or utilize procedures for considering the criminal history record information of applicants for an initial compact privilege. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the federal bureau of investigation and the agency responsible for retaining that state's criminal records; (A) A member state must fully implement a criminal history record information requirement, within a time frame established by rule, which includes receiving the results of the federal bureau of investigation record search and shall use those results in determining compact privilege eligibility; and (B) Communication between a member state and the compact commission or among member states regarding the verification of eligibility for a compact privilege shall not include any information received from the federal bureau of investigation relating to a federal criminal history record information check performed by a member state;
(A) A member state must fully implement a criminal history record information requirement, within a time frame established by rule, which includes receiving the results of the federal bureau of investigation record search and shall use those results in determining compact privilege eligibility; and
(B) Communication between a member state and the compact commission or among member states regarding the verification of eligibility for a compact privilege shall not include any information received from the federal bureau of investigation relating to a federal criminal history record information check performed by a member state;
(4) Comply with and enforce the rules of the compact commission;
(5) Require an applicant for a compact privilege to obtain or retain a license in the licensee's home state and meet the home state's qualifications for licensure or renewal of licensure, as well as all other applicable state laws; and
(6) Recognize a compact privilege granted to a licensee who meets all of the requirements outlined in § 63-25-204 in accordance with the terms of the compact and rules.
(c) Member states may set and collect a fee for granting a compact privilege.
(d) Individuals not residing in a member state shall continue to be able to apply for a member state's single state license as provided under the laws of each member state. However, the single state license granted to these individuals shall not be recognized as granting a compact privilege to engage in the practice of dietetics in any other member state.
(e) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single state license.
(f) At no point shall the compact commission have the power to define the requirements for the issuance of a single state license to practice dietetics. The member states shall retain sole jurisdiction over the provision of these requirements.
Added by 2024 Tenn. Acts, ch. 1025,s 1, eff. 1/1/2026.
Tenn. Code Ann. § 63-3-126 — TN Code / Title 63 / Chapter 3 / Section 63-3-126
Cost of prosecution - Administering oaths
Status: in_force

(a) The board shall promulgate rules governing the assessment of costs against a licensee or other person found by the board to have violated any provision of this chapter. The costs assessed by the board may include only those costs directly related to the prosecution of the charges against the licensee or other person, including investigatory costs where appropriate. The board shall determine the appropriate amount of costs, if any, to be assessed in a contested case. These costs shall be reasonable and proportionate in light of the violation committed by the licensee or other person. (b) (1) Any elected officer of the board, or any duly appointed or elected chair has the authority to administer oaths to witnesses. Upon probable cause being established, the board, by a vote of two-thirds (2/3) of the members to which the board is entitled, may issue subpoenas for the attendance of witnesses and the production of documents and records. (2) Service of a subpoena issued by the board shall be made by the sheriff of the county of residence of the licensee or person upon whom the subpoena is served. (3) (A) A licensee or person served by subpoena shall have thirty (30) days to request in writing a hearing before the board for the sole purpose of making a special appearance to quash or modify the subpoena. The subpoena for attendance of the person or the production of books and records shall be stayed until the board votes upon the request to quash or modify the subpoena. A majority vote of the members to which the board is entitled shall be required to quash or modify a subpoena. (B) A motion to appeal from a decision by the board regarding a request to quash or modify a subpoena shall be made to the chancery court in Davidson County within fifteen (15) days of such decision. (4) If any witness fails or refuses to obey a subpoena issued by it, the board is authorized to make application to any court of record in this state within the jurisdiction of which the witness is found or resides; and the court shall have power to attach the body of the witness and compel the witness to appear before the board and give testimony or produce books, records or papers as ordered. Any failure to obey the court order may be punished by the court issuing the order as a civil contempt. (5) Each witness who appears before the board by order of the board shall receive for attendance the compensation provided by law for attendance of witnesses in a court of record, which shall be paid from the funds of the board in the same manner as all other expenses of the board are paid. Acts 1999, ch. 437, § 3.
(a) The board shall promulgate rules governing the assessment of costs against a licensee or other person found by the board to have violated any provision of this chapter. The costs assessed by the board may include only those costs directly related to the prosecution of the charges against the licensee or other person, including investigatory costs where appropriate. The board shall determine the appropriate amount of costs, if any, to be assessed in a contested case. These costs shall be reasonable and proportionate in light of the violation committed by the licensee or other person.
(b) (1) Any elected officer of the board, or any duly appointed or elected chair has the authority to administer oaths to witnesses. Upon probable cause being established, the board, by a vote of two-thirds (2/3) of the members to which the board is entitled, may issue subpoenas for the attendance of witnesses and the production of documents and records. (2) Service of a subpoena issued by the board shall be made by the sheriff of the county of residence of the licensee or person upon whom the subpoena is served. (3) (A) A licensee or person served by subpoena shall have thirty (30) days to request in writing a hearing before the board for the sole purpose of making a special appearance to quash or modify the subpoena. The subpoena for attendance of the person or the production of books and records shall be stayed until the board votes upon the request to quash or modify the subpoena. A majority vote of the members to which the board is entitled shall be required to quash or modify a subpoena. (B) A motion to appeal from a decision by the board regarding a request to quash or modify a subpoena shall be made to the chancery court in Davidson County within fifteen (15) days of such decision. (4) If any witness fails or refuses to obey a subpoena issued by it, the board is authorized to make application to any court of record in this state within the jurisdiction of which the witness is found or resides; and the court shall have power to attach the body of the witness and compel the witness to appear before the board and give testimony or produce books, records or papers as ordered. Any failure to obey the court order may be punished by the court issuing the order as a civil contempt. (5) Each witness who appears before the board by order of the board shall receive for attendance the compensation provided by law for attendance of witnesses in a court of record, which shall be paid from the funds of the board in the same manner as all other expenses of the board are paid.
(1) Any elected officer of the board, or any duly appointed or elected chair has the authority to administer oaths to witnesses. Upon probable cause being established, the board, by a vote of two-thirds (2/3) of the members to which the board is entitled, may issue subpoenas for the attendance of witnesses and the production of documents and records.
(2) Service of a subpoena issued by the board shall be made by the sheriff of the county of residence of the licensee or person upon whom the subpoena is served.
(3) (A) A licensee or person served by subpoena shall have thirty (30) days to request in writing a hearing before the board for the sole purpose of making a special appearance to quash or modify the subpoena. The subpoena for attendance of the person or the production of books and records shall be stayed until the board votes upon the request to quash or modify the subpoena. A majority vote of the members to which the board is entitled shall be required to quash or modify a subpoena. (B) A motion to appeal from a decision by the board regarding a request to quash or modify a subpoena shall be made to the chancery court in Davidson County within fifteen (15) days of such decision.
(A) A licensee or person served by subpoena shall have thirty (30) days to request in writing a hearing before the board for the sole purpose of making a special appearance to quash or modify the subpoena. The subpoena for attendance of the person or the production of books and records shall be stayed until the board votes upon the request to quash or modify the subpoena. A majority vote of the members to which the board is entitled shall be required to quash or modify a subpoena.
(B) A motion to appeal from a decision by the board regarding a request to quash or modify a subpoena shall be made to the chancery court in Davidson County within fifteen (15) days of such decision.
(4) If any witness fails or refuses to obey a subpoena issued by it, the board is authorized to make application to any court of record in this state within the jurisdiction of which the witness is found or resides; and the court shall have power to attach the body of the witness and compel the witness to appear before the board and give testimony or produce books, records or papers as ordered. Any failure to obey the court order may be punished by the court issuing the order as a civil contempt.
(5) Each witness who appears before the board by order of the board shall receive for attendance the compensation provided by law for attendance of witnesses in a court of record, which shall be paid from the funds of the board in the same manner as all other expenses of the board are paid.
Acts 1999, ch. 437, § 3.
Tenn. Code Ann. § 63-8-121 — TN Code / Title 63 / Chapter 8 / Section 63-8-121
Administrative procedures
Status: in_force

The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, shall apply to all proceedings of the board and regulations promulgated pursuant to this chapter. Acts 1925, ch. 99, § 12; Shan. Supp., § 3654a32; Code 1932, §7039; mod. C. Supp. 1950, § 7039; Acts 1953, ch. 113, § 44; 1979, ch. 406, § 30; T.C.A. (orig. ed.), § 63-823.
The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, shall apply to all proceedings of the board and regulations promulgated pursuant to this chapter.
Acts 1925, ch. 99, § 12; Shan. Supp., § 3654a32; Code 1932, §7039; mod. C. Supp. 1950, § 7039; Acts 1953, ch. 113, § 44; 1979, ch. 406, § 30; T.C.A. (orig. ed.), § 63-823.
Tenn. Code Ann. § 63-10-209 — TN Code / Title 63 / Chapter 10 / Section 63-10-209
Distribution of drugs or drug samples by manufacturer's representative - Distribution of free samples
Status: in_force

(a) Nothing in this chapter shall prohibit the distribution of drugs or sample drugs by a manufacturer's representatives acting in the normal and customary performance of their duties. (b) Manufacturers or their agents may distribute free samples of prescription drugs or controlled substances to practitioners authorized by law to prescribe or dispense such drugs or to pharmacies of health care entities at the written request of a practitioner in accordance with federal law. Acts 1996, ch. 651, § 21; T.C.A. § 63-10-409; Acts 2007 , ch. 407, § 5.
(a) Nothing in this chapter shall prohibit the distribution of drugs or sample drugs by a manufacturer's representatives acting in the normal and customary performance of their duties.
(b) Manufacturers or their agents may distribute free samples of prescription drugs or controlled substances to practitioners authorized by law to prescribe or dispense such drugs or to pharmacies of health care entities at the written request of a practitioner in accordance with federal law.
Acts 1996, ch. 651, § 21; T.C.A. § 63-10-409; Acts 2007 , ch. 407, § 5.
Tenn. Code Ann. § 63-29-109 — TN Code / Title 63 / Chapter 29 / Section 63-29-109
Title - Term of initial certificate - Renewal - Denial of applications - Third party payment
Status: in_force

(a) A midwife who is certified under the standard found in § 63-29-108 may use the initials "CPM-TN." (b) An initial certificate is available for no more than a two-year period. (c) The certificate is renewable pursuant to the division of health related boards' biennial birthdates renewal system. (d) Renewal is available to the CPM who maintains current certification from NARM by complying with the continuing education requirement applicable to the CPM. (e) Renewal is available to the CPM-TN whose certification from NARM remains in good standing and who has current CPR certification. (f) The board may deny an application for certification only if the applicant is not in compliance with the standards in this chapter. (g) A CPM-TN may receive third party payment from private agencies that provide coverage for maternity and obstetrical care. No managed care organization or insurance company shall require a patient to be served by a CPM-TN instead of a medical doctor or a nurse practitioner. Acts 2000, ch. 576, § 10; 2006, ch. 568, § 4.
(a) A midwife who is certified under the standard found in § 63-29-108 may use the initials "CPM-TN."
(b) An initial certificate is available for no more than a two-year period.
(c) The certificate is renewable pursuant to the division of health related boards' biennial birthdates renewal system.
(d) Renewal is available to the CPM who maintains current certification from NARM by complying with the continuing education requirement applicable to the CPM.
(e) Renewal is available to the CPM-TN whose certification from NARM remains in good standing and who has current CPR certification.
(f) The board may deny an application for certification only if the applicant is not in compliance with the standards in this chapter.
(g) A CPM-TN may receive third party payment from private agencies that provide coverage for maternity and obstetrical care. No managed care organization or insurance company shall require a patient to be served by a CPM-TN instead of a medical doctor or a nurse practitioner.
Acts 2000, ch. 576, § 10; 2006, ch. 568, § 4.
Tenn. Code Ann. § 63-1-501 — TN Code / Title 63 / Chapter 1 / Section 63-1-501
Short title
Status: in_force

This part shall be known and may be cited as the "Health Care Empowerment Act." Amended by 2020 Tenn. Acts, ch. 739, s 1, eff. 7/1/2020. Added by 2016 Tenn. Acts, ch. 996, s 1, eff. 7/1/2016.
This part shall be known and may be cited as the "Health Care Empowerment Act."
Amended by 2020 Tenn. Acts, ch. 739, s 1, eff. 7/1/2020.
Added by 2016 Tenn. Acts, ch. 996, s 1, eff. 7/1/2016.
Tenn. Code Ann. § 63-28-110 — TN Code / Title 63 / Chapter 28 / Section 63-28-110
Unauthorized use of professional title or designation
Status: in_force

(a) A person may not engage in or offer to engage in perfusion for compensation or use the title or represent or imply that the person has the title of "licensed clinical perfusionist" or "provisional licensed clinical perfusionist" or use the letters "LCP" or "PLCP" and may not use any facsimile of such titles in any manner to indicate or imply that the person is a licensed perfusionist or provisional licensed perfusionist unless the person holds an appropriate license issued pursuant to this chapter. (b) A person may not use the title or represent or imply that such person has the title of "certified clinical perfusionist" or use the letters "CCP" and may not use any facsimile of such title in any manner to indicate or imply that such person is a certified clinical perfusionist by the American Board of Cardiovascular Perfusion unless the person holds a certificate as a certified clinical perfusionist issued by the American Board of Cardiovascular Perfusion. (c) Any person who violates subsection (a) or (b) commits a Class B misdemeanor. Acts 1999, ch. 239, § 10.
(a) A person may not engage in or offer to engage in perfusion for compensation or use the title or represent or imply that the person has the title of "licensed clinical perfusionist" or "provisional licensed clinical perfusionist" or use the letters "LCP" or "PLCP" and may not use any facsimile of such titles in any manner to indicate or imply that the person is a licensed perfusionist or provisional licensed perfusionist unless the person holds an appropriate license issued pursuant to this chapter.
(b) A person may not use the title or represent or imply that such person has the title of "certified clinical perfusionist" or use the letters "CCP" and may not use any facsimile of such title in any manner to indicate or imply that such person is a certified clinical perfusionist by the American Board of Cardiovascular Perfusion unless the person holds a certificate as a certified clinical perfusionist issued by the American Board of Cardiovascular Perfusion.
(c) Any person who violates subsection (a) or (b) commits a Class B misdemeanor.
Acts 1999, ch. 239, § 10.
Tenn. Code Ann. § 63-8-120 — TN Code / Title 63 / Chapter 8 / Section 63-8-120
Discipline of certificate holders
Status: in_force

(a) The board may refuse to issue an annual renewal certificate, may suspend or revoke any certificate issued by it, censure, reprimand, place on probation and assess a civil penalty up to one thousand dollars ($1,000) for each separate violation whenever the certificate holder is found guilty of any of the following acts or offenses: (1) Fraud in procuring a license; (2) Immoral, unprofessional or dishonorable conduct; (3) Habitual intoxication or addiction or misuse of drugs; (4) Conviction of a felony; (5) Use of untruthful or improbable statements or flamboyant or extravagant claims concerning such licensee's professional excellence or abilities; (6) Practicing under any other name than the certificate holder's own unless board approved; (7) Failure to renew annual certificate; (8) Solicitation of optometric services or ophthalmic materials in person or by agent by any means other than advertising authorized by this chapter; (9) Gross health care liability or a pattern of continued or repeated health care liability, ignorance, negligence or incompetence in the practice of optometry; (10) Practice beyond the scope of the certificate; (11) Furnishing spectacle prescriptions that do not at least meet the informational requirements established by the board or refusing to furnish a copy of a spectacle prescription at no additional cost to the patient at the end of the examination; (12) Advertising of optometric services or ophthalmic materials in any manner other than permitted by this chapter or rule and regulation of the board; (13) Engaging in the practice of optometry as an employee of any person, firm or corporation not engaged primarily in health care delivery; (14) Division of fees or agreeing to split or divide the fees received for professional services with any person for bringing or referring a patient; (15) Peddle or sell ophthalmic materials as to render or attempt to render optometric services from house to house or door to door. This shall not prohibit, however, an optometrist from attending, prescribing and furnishing ophthalmic materials to a patient who, by reason of illness or physical or mental infirmity, is confined to the patient's place of abode or in a hospital or other institution; (16) Signing or making in one's professional capacity any certificate known to be false at the time it is signed or made; (17) Committing any act that is made unlawful by § 63-8-113 ; or (18) Committing any act contrary to this chapter or the rules and regulations of the board. (b) The board may set guidelines for the implementation of the discipline of certificate holders. (c) The board may require a mental or physical examination of a certificate holder that the board believes may be a threat to that certificate holder or the public or incapable of practicing optometry in accordance with this chapter and the standards established by the board. (d) The board may provide conditions upon optometrists continuing to practice or upon the reinstatement of certificates. These conditions may include, but are not limited to, the payment of civil penalties, the attendance or completion of courses of study, the passage of examinations, the passage of physical or mental examinations and the treatment of any physical or mental ailments. (e) (1) The board shall promulgate rules governing the assessment of costs against a licensee or other person found by the board to have violated any provision of this chapter. The costs assessed by the board may include only those costs directly related to the prosecution of the charges against the licensee or other person, including investigatory costs where appropriate. The board shall determine the appropriate amount of costs, if any, to be assessed in a contested case. These costs shall be reasonable and proportionate in light of the violation committed by the licensee or other person. (2) Any elected officer of the board, or any duly appointed or elected chair, has the authority to administer oaths to witnesses. Upon probable cause being established, the board, by a vote of two-thirds (2/3) of the members to which the board is entitled, may issue subpoenas for the attendance of witnesses and the production of documents and records. (3) Service of a subpoena issued by the board shall be made by the sheriff of the county of residence of the licensee or person upon whom the subpoena is served. (4) (A) A licensee or person served by subpoena shall have thirty (30) days to request in writing a hearing before the board for the sole purpose of making a special appearance to quash or modify the subpoena. The subpoena for attendance of the person or the production of books and records shall be stayed until the board votes upon the request to quash or modify the subpoena. A majority vote of the members to which the board is entitled shall be required to quash or modify a subpoena. (B) A motion to appeal from a decision by the board regarding a request to quash or modify a subpoena shall be made to the chancery court in Davidson County within fifteen (15) days of such decision. (5) If any witness fails or refuses to obey a subpoena issued by it, the board is authorized to make application to any court of record in this state within the jurisdiction of which the witness is found or resides; and the court shall have power to attach the body of the witness and compel the witness to appear before the board and give testimony or produce books, records or papers as ordered. Any failure to obey the court order may be punished by the court issuing the order as a civil contempt. (6) Each witness who appears before the board by order of the board shall receive for attendance the compensation provided by law for attendance of witnesses in a court of record, which shall be paid from the funds of the board in the same manner as all other expenses of the board are paid. (f) 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 26, eff. 7/1/2018. Acts 1925, ch. 99, § 12; Shan. Supp., § 3654a31; Code 1932, § 7038; impl. am. Acts 1947, ch. 9, §§ 2-4, 9; C. Supp. 1950, §7038; Acts 1953, ch. 113, § 43; 1967, ch. 84, § 3; 1979, ch. 406, §§ 22-29; T.C.A. (orig. ed.), § 63-822; Acts 1989, ch. 428, §11; 1999, ch. 440, §3; 2012 , ch. 798, § 41.
(a) The board may refuse to issue an annual renewal certificate, may suspend or revoke any certificate issued by it, censure, reprimand, place on probation and assess a civil penalty up to one thousand dollars ($1,000) for each separate violation whenever the certificate holder is found guilty of any of the following acts or offenses: (1) Fraud in procuring a license; (2) Immoral, unprofessional or dishonorable conduct; (3) Habitual intoxication or addiction or misuse of drugs; (4) Conviction of a felony; (5) Use of untruthful or improbable statements or flamboyant or extravagant claims concerning such licensee's professional excellence or abilities; (6) Practicing under any other name than the certificate holder's own unless board approved; (7) Failure to renew annual certificate; (8) Solicitation of optometric services or ophthalmic materials in person or by agent by any means other than advertising authorized by this chapter; (9) Gross health care liability or a pattern of continued or repeated health care liability, ignorance, negligence or incompetence in the practice of optometry; (10) Practice beyond the scope of the certificate; (11) Furnishing spectacle prescriptions that do not at least meet the informational requirements established by the board or refusing to furnish a copy of a spectacle prescription at no additional cost to the patient at the end of the examination; (12) Advertising of optometric services or ophthalmic materials in any manner other than permitted by this chapter or rule and regulation of the board; (13) Engaging in the practice of optometry as an employee of any person, firm or corporation not engaged primarily in health care delivery; (14) Division of fees or agreeing to split or divide the fees received for professional services with any person for bringing or referring a patient; (15) Peddle or sell ophthalmic materials as to render or attempt to render optometric services from house to house or door to door. This shall not prohibit, however, an optometrist from attending, prescribing and furnishing ophthalmic materials to a patient who, by reason of illness or physical or mental infirmity, is confined to the patient's place of abode or in a hospital or other institution; (16) Signing or making in one's professional capacity any certificate known to be false at the time it is signed or made; (17) Committing any act that is made unlawful by § 63-8-113 ; or (18) Committing any act contrary to this chapter or the rules and regulations of the board.
(1) Fraud in procuring a license;
(2) Immoral, unprofessional or dishonorable conduct;
(3) Habitual intoxication or addiction or misuse of drugs;
(4) Conviction of a felony;
(5) Use of untruthful or improbable statements or flamboyant or extravagant claims concerning such licensee's professional excellence or abilities;
(6) Practicing under any other name than the certificate holder's own unless board approved;
(7) Failure to renew annual certificate;
(8) Solicitation of optometric services or ophthalmic materials in person or by agent by any means other than advertising authorized by this chapter;
(9) Gross health care liability or a pattern of continued or repeated health care liability, ignorance, negligence or incompetence in the practice of optometry;
(10) Practice beyond the scope of the certificate;
(11) Furnishing spectacle prescriptions that do not at least meet the informational requirements established by the board or refusing to furnish a copy of a spectacle prescription at no additional cost to the patient at the end of the examination;
(12) Advertising of optometric services or ophthalmic materials in any manner other than permitted by this chapter or rule and regulation of the board;
(13) Engaging in the practice of optometry as an employee of any person, firm or corporation not engaged primarily in health care delivery;
(14) Division of fees or agreeing to split or divide the fees received for professional services with any person for bringing or referring a patient;
(15) Peddle or sell ophthalmic materials as to render or attempt to render optometric services from house to house or door to door. This shall not prohibit, however, an optometrist from attending, prescribing and furnishing ophthalmic materials to a patient who, by reason of illness or physical or mental infirmity, is confined to the patient's place of abode or in a hospital or other institution;
(16) Signing or making in one's professional capacity any certificate known to be false at the time it is signed or made;
(17) Committing any act that is made unlawful by § 63-8-113 ; or
(18) Committing any act contrary to this chapter or the rules and regulations of the board.
(b) The board may set guidelines for the implementation of the discipline of certificate holders.
(c) The board may require a mental or physical examination of a certificate holder that the board believes may be a threat to that certificate holder or the public or incapable of practicing optometry in accordance with this chapter and the standards established by the board.
(d) The board may provide conditions upon optometrists continuing to practice or upon the reinstatement of certificates. These conditions may include, but are not limited to, the payment of civil penalties, the attendance or completion of courses of study, the passage of examinations, the passage of physical or mental examinations and the treatment of any physical or mental ailments.
(e) (1) The board shall promulgate rules governing the assessment of costs against a licensee or other person found by the board to have violated any provision of this chapter. The costs assessed by the board may include only those costs directly related to the prosecution of the charges against the licensee or other person, including investigatory costs where appropriate. The board shall determine the appropriate amount of costs, if any, to be assessed in a contested case. These costs shall be reasonable and proportionate in light of the violation committed by the licensee or other person. (2) Any elected officer of the board, or any duly appointed or elected chair, has the authority to administer oaths to witnesses. Upon probable cause being established, the board, by a vote of two-thirds (2/3) of the members to which the board is entitled, may issue subpoenas for the attendance of witnesses and the production of documents and records. (3) Service of a subpoena issued by the board shall be made by the sheriff of the county of residence of the licensee or person upon whom the subpoena is served. (4) (A) A licensee or person served by subpoena shall have thirty (30) days to request in writing a hearing before the board for the sole purpose of making a special appearance to quash or modify the subpoena. The subpoena for attendance of the person or the production of books and records shall be stayed until the board votes upon the request to quash or modify the subpoena. A majority vote of the members to which the board is entitled shall be required to quash or modify a subpoena. (B) A motion to appeal from a decision by the board regarding a request to quash or modify a subpoena shall be made to the chancery court in Davidson County within fifteen (15) days of such decision. (5) If any witness fails or refuses to obey a subpoena issued by it, the board is authorized to make application to any court of record in this state within the jurisdiction of which the witness is found or resides; and the court shall have power to attach the body of the witness and compel the witness to appear before the board and give testimony or produce books, records or papers as ordered. Any failure to obey the court order may be punished by the court issuing the order as a civil contempt. (6) Each witness who appears before the board by order of the board shall receive for attendance the compensation provided by law for attendance of witnesses in a court of record, which shall be paid from the funds of the board in the same manner as all other expenses of the board are paid.
(1) The board shall promulgate rules governing the assessment of costs against a licensee or other person found by the board to have violated any provision of this chapter. The costs assessed by the board may include only those costs directly related to the prosecution of the charges against the licensee or other person, including investigatory costs where appropriate. The board shall determine the appropriate amount of costs, if any, to be assessed in a contested case. These costs shall be reasonable and proportionate in light of the violation committed by the licensee or other person.
(2) Any elected officer of the board, or any duly appointed or elected chair, has the authority to administer oaths to witnesses. Upon probable cause being established, the board, by a vote of two-thirds (2/3) of the members to which the board is entitled, may issue subpoenas for the attendance of witnesses and the production of documents and records.
(3) Service of a subpoena issued by the board shall be made by the sheriff of the county of residence of the licensee or person upon whom the subpoena is served.
(4) (A) A licensee or person served by subpoena shall have thirty (30) days to request in writing a hearing before the board for the sole purpose of making a special appearance to quash or modify the subpoena. The subpoena for attendance of the person or the production of books and records shall be stayed until the board votes upon the request to quash or modify the subpoena. A majority vote of the members to which the board is entitled shall be required to quash or modify a subpoena. (B) A motion to appeal from a decision by the board regarding a request to quash or modify a subpoena shall be made to the chancery court in Davidson County within fifteen (15) days of such decision.
(A) A licensee or person served by subpoena shall have thirty (30) days to request in writing a hearing before the board for the sole purpose of making a special appearance to quash or modify the subpoena. The subpoena for attendance of the person or the production of books and records shall be stayed until the board votes upon the request to quash or modify the subpoena. A majority vote of the members to which the board is entitled shall be required to quash or modify a subpoena.
(B) A motion to appeal from a decision by the board regarding a request to quash or modify a subpoena shall be made to the chancery court in Davidson County within fifteen (15) days of such decision.
(5) If any witness fails or refuses to obey a subpoena issued by it, the board is authorized to make application to any court of record in this state within the jurisdiction of which the witness is found or resides; and the court shall have power to attach the body of the witness and compel the witness to appear before the board and give testimony or produce books, records or papers as ordered. Any failure to obey the court order may be punished by the court issuing the order as a civil contempt.
(6) Each witness who appears before the board by order of the board shall receive for attendance the compensation provided by law for attendance of witnesses in a court of record, which shall be paid from the funds of the board in the same manner as all other expenses of the board are paid.
(f) 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 26, eff. 7/1/2018.
Acts 1925, ch. 99, § 12; Shan. Supp., § 3654a31; Code 1932, § 7038; impl. am. Acts 1947, ch. 9, §§ 2-4, 9; C. Supp. 1950, §7038; Acts 1953, ch. 113, § 43; 1967, ch. 84, § 3; 1979, ch. 406, §§ 22-29; T.C.A. (orig. ed.), § 63-822; Acts 1989, ch. 428, §11; 1999, ch. 440, §3; 2012 , ch. 798, § 41.
Tenn. Code Ann. § 63-24-106 — TN Code / Title 63 / Chapter 24 / Section 63-24-106
Fees
Status: in_force

(a) The board shall, by duly promulgated rules, establish the following fees: (1) Athletic trainer application-examination fee; (2) Initial athletic trainer licensure fee; (3) Biennial licensure renewal fee; (4) Late renewal fee; (5) Licensure restoration fee; and (6) Fee for obtaining a duplicate of licensure. (b) The board is hereby authorized, by duly promulgated rules, to specify the conditions and circumstances, if any, under which one (1) or more of the fees in subsection (a) may be refunded in whole or in part. Acts 1983, ch. 361, § 7; T.C.A., § 63-6-306; Acts 1985, ch. 280, § 4; 1989, ch. 523, § 48; 2000, ch. 694, § 1.
(a) The board shall, by duly promulgated rules, establish the following fees: (1) Athletic trainer application-examination fee; (2) Initial athletic trainer licensure fee; (3) Biennial licensure renewal fee; (4) Late renewal fee; (5) Licensure restoration fee; and (6) Fee for obtaining a duplicate of licensure.
(1) Athletic trainer application-examination fee;
(2) Initial athletic trainer licensure fee;
(3) Biennial licensure renewal fee;
(4) Late renewal fee;
(5) Licensure restoration fee; and
(6) Fee for obtaining a duplicate of licensure.
(b) The board is hereby authorized, by duly promulgated rules, to specify the conditions and circumstances, if any, under which one (1) or more of the fees in subsection (a) may be refunded in whole or in part.
Acts 1983, ch. 361, § 7; T.C.A., § 63-6-306; Acts 1985, ch. 280, § 4; 1989, ch. 523, § 48; 2000, ch. 694, § 1.
Tenn. Code Ann. § 63-18-112 — TN Code / Title 63 / Chapter 18 / Section 63-18-112
Reciprocity - Temporary license
Status: in_force

(a) The board may, at its discretion, grant licensure to any person who is licensed or registered in another state or country with standards as stringent as those required by this chapter. (b) (1) The board may, in its discretion, grant a temporary license to a person who has been licensed, registered, or certified, in good standing, in another state, territory of the United States, or the District of Columbia, that meets all other requirements for reciprocity under this chapter and rules promulgated pursuant to this chapter, but which does not require successful passage of a competency examination approved by the board. (2) A person granted a temporary license pursuant to this section may work if the person is at all times working under the supervision of a person licensed pursuant to § 63-18-105 . (3) To obtain licensure through reciprocity, a person granted a temporary license pursuant to this section must: (A) Successfully complete a competency exam approved by the board; (B) Submit verification of successful completion of the competency exam to the board within six (6) months of the date of issuance of the temporary license; and (C) Complete or satisfy all other requirements under this chapter and the rules promulgated pursuant to this chapter. (4) (A) A temporary license issued pursuant to this section expires six (6) months after the date of issuance. (B) A person granted a temporary license pursuant to this section may apply for one (1) extension of the person's temporary license for an additional six (6) months if: (i) (a) The person has been unable to take a competency exam approved by the board within the initial temporary license period; and (b) Is registered to take an upcoming competency exam approved by the board; or (ii) The person is still waiting for the results of the most recent competency exam approved by the board. Amended by 2022 Tenn. Acts, ch. 774, s 1, eff. 7/1/2022. Acts 1995, ch. 480, § 13; T.C.A. § 63-18-212.
(a) The board may, at its discretion, grant licensure to any person who is licensed or registered in another state or country with standards as stringent as those required by this chapter.
(b) (1) The board may, in its discretion, grant a temporary license to a person who has been licensed, registered, or certified, in good standing, in another state, territory of the United States, or the District of Columbia, that meets all other requirements for reciprocity under this chapter and rules promulgated pursuant to this chapter, but which does not require successful passage of a competency examination approved by the board. (2) A person granted a temporary license pursuant to this section may work if the person is at all times working under the supervision of a person licensed pursuant to § 63-18-105 . (3) To obtain licensure through reciprocity, a person granted a temporary license pursuant to this section must: (A) Successfully complete a competency exam approved by the board; (B) Submit verification of successful completion of the competency exam to the board within six (6) months of the date of issuance of the temporary license; and (C) Complete or satisfy all other requirements under this chapter and the rules promulgated pursuant to this chapter. (4) (A) A temporary license issued pursuant to this section expires six (6) months after the date of issuance. (B) A person granted a temporary license pursuant to this section may apply for one (1) extension of the person's temporary license for an additional six (6) months if: (i) (a) The person has been unable to take a competency exam approved by the board within the initial temporary license period; and (b) Is registered to take an upcoming competency exam approved by the board; or (ii) The person is still waiting for the results of the most recent competency exam approved by the board.
(1) The board may, in its discretion, grant a temporary license to a person who has been licensed, registered, or certified, in good standing, in another state, territory of the United States, or the District of Columbia, that meets all other requirements for reciprocity under this chapter and rules promulgated pursuant to this chapter, but which does not require successful passage of a competency examination approved by the board.
(2) A person granted a temporary license pursuant to this section may work if the person is at all times working under the supervision of a person licensed pursuant to § 63-18-105 .
(3) To obtain licensure through reciprocity, a person granted a temporary license pursuant to this section must: (A) Successfully complete a competency exam approved by the board; (B) Submit verification of successful completion of the competency exam to the board within six (6) months of the date of issuance of the temporary license; and (C) Complete or satisfy all other requirements under this chapter and the rules promulgated pursuant to this chapter.
(A) Successfully complete a competency exam approved by the board;
(B) Submit verification of successful completion of the competency exam to the board within six (6) months of the date of issuance of the temporary license; and
(C) Complete or satisfy all other requirements under this chapter and the rules promulgated pursuant to this chapter.
(4) (A) A temporary license issued pursuant to this section expires six (6) months after the date of issuance. (B) A person granted a temporary license pursuant to this section may apply for one (1) extension of the person's temporary license for an additional six (6) months if: (i) (a) The person has been unable to take a competency exam approved by the board within the initial temporary license period; and (b) Is registered to take an upcoming competency exam approved by the board; or (ii) The person is still waiting for the results of the most recent competency exam approved by the board.
(A) A temporary license issued pursuant to this section expires six (6) months after the date of issuance.
(B) A person granted a temporary license pursuant to this section may apply for one (1) extension of the person's temporary license for an additional six (6) months if: (i) (a) The person has been unable to take a competency exam approved by the board within the initial temporary license period; and (b) Is registered to take an upcoming competency exam approved by the board; or (ii) The person is still waiting for the results of the most recent competency exam approved by the board.
(i) (a) The person has been unable to take a competency exam approved by the board within the initial temporary license period; and (b) Is registered to take an upcoming competency exam approved by the board; or
(a) The person has been unable to take a competency exam approved by the board within the initial temporary license period; and
(b) Is registered to take an upcoming competency exam approved by the board; or
(ii) The person is still waiting for the results of the most recent competency exam approved by the board.
Amended by 2022 Tenn. Acts, ch. 774, s 1, eff. 7/1/2022.
Acts 1995, ch. 480, § 13; T.C.A. § 63-18-212.
Tenn. Code Ann. § 63-8-107 — TN Code / Title 63 / Chapter 8 / Section 63-8-107
Officers of board - Meetings - Examinations
Status: in_force

(a) The board shall choose one (1) of its members as chair, one (1) as vice chair and one (1) as secretary-treasurer, annually. (b) The board may meet, in its discretion, at such times and places as it may deem proper for the examination of applicants who wish to practice optometry in this state and for the transaction of business. (c) The board shall offer the standard examination for the issuance of the certificate of fitness at least twice a year. Acts 1925, ch. 99, § 4; Shan. Supp., § 3654a13; Code 1932, § 7030; C. Supp. 1950, § 7030; Acts 1953, ch. 113, § 39; 1979, ch. 406, § 12; T.C.A. (orig. ed.), § 63-807; Acts 1989, ch. 428, § 3.
(a) The board shall choose one (1) of its members as chair, one (1) as vice chair and one (1) as secretary-treasurer, annually.
(b) The board may meet, in its discretion, at such times and places as it may deem proper for the examination of applicants who wish to practice optometry in this state and for the transaction of business.
(c) The board shall offer the standard examination for the issuance of the certificate of fitness at least twice a year.
Acts 1925, ch. 99, § 4; Shan. Supp., § 3654a13; Code 1932, § 7030; C. Supp. 1950, § 7030; Acts 1953, ch. 113, § 39; 1979, ch. 406, § 12; T.C.A. (orig. ed.), § 63-807; Acts 1989, ch. 428, § 3.
Tenn. Code Ann. § 63-8-116 — TN Code / Title 63 / Chapter 8 / Section 63-8-116
Display of certificate
Status: in_force

Each person to whom a certificate of registration is issued shall keep the certificate conspicuously displayed in that person's office, as required by § 63-1-109 and shall when requested exhibit the same to any member or representative of the board. Acts 1925, ch. 99, § 10; Shan. Supp., § 3654a27b1; Code 1932, §7036; Acts 1939, ch. 90, § 1; 1947, ch. 9, § 9; mod. C. Supp. 1950, § 7036; T.C.A. (orig. ed.), § 63-818.
Each person to whom a certificate of registration is issued shall keep the certificate conspicuously displayed in that person's office, as required by § 63-1-109 and shall when requested exhibit the same to any member or representative of the board.
Acts 1925, ch. 99, § 10; Shan. Supp., § 3654a27b1; Code 1932, §7036; Acts 1939, ch. 90, § 1; 1947, ch. 9, § 9; mod. C. Supp. 1950, § 7036; T.C.A. (orig. ed.), § 63-818.
Tenn. Code Ann. § 63-23-209 — TN Code / Title 63 / Chapter 23 / Section 63-23-209
Adverse actions
Status: in_force

(a) In addition to the other powers conferred by state law, a remote state has the authority, in accordance with existing state due process law, to: (1) Take adverse action against a regulated social worker's multistate authorization to practice only within that member state, and issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing authority in a member state for the attendance and testimony of witnesses or the production of evidence from another member state must be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing licensing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located; and (2) Only the home state has the power to take adverse action against a regulated social worker's multistate license. (b) For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action. (c) The home state shall complete any pending investigations of a regulated social worker who changes their home state during the course of the investigations. The home state also has the authority to take appropriate actions and shall promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the data system shall promptly notify the new home state of any adverse actions. (d) A member state, if otherwise permitted by state law, may recover from the affected regulated social worker the costs of investigations and dispositions of cases resulting from any adverse action taken against that regulated social worker. (e) A member state may take adverse action based on the factual findings of another member state; provided, that the member state follows its own procedures for taking the adverse action. (f) Joint investigations. (1) In addition to the authority granted to a member state by its respective social work practice act or other applicable state law, any member state may participate with other member states in joint investigations of licensees. (2) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under this compact. (g) If adverse action is taken by the home state against the multistate license of a regulated social worker, then the regulated social worker's multistate authorization to practice in all other member states is deactivated until all encumbrances have been removed from the multistate license. All home state disciplinary orders that impose adverse action against the license of a regulated social worker must include a statement that the regulated social worker's multistate authorization to practice is deactivated in all member states until all conditions of the decision, order, or agreement are satisfied. (h) If a member state takes adverse action, then it must promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state and all other member states of any adverse actions by remote states. (i) Nothing in this compact overrides a member state's decision that participation in an alternative program may be used in lieu of adverse action. (j) Nothing in this compact authorizes a member state to demand the issuance of subpoenas for attendance and testimony of witnesses or the production of evidence from another member state for lawful actions within that member state. (k) Nothing in this compact authorizes a member state to impose discipline against a regulated social worker who holds a multistate authorization to practice for lawful actions within another member state. Added by 2024 Tenn. Acts, ch. 1041,s 1, eff. 7/1/2024.
(a) In addition to the other powers conferred by state law, a remote state has the authority, in accordance with existing state due process law, to: (1) Take adverse action against a regulated social worker's multistate authorization to practice only within that member state, and issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing authority in a member state for the attendance and testimony of witnesses or the production of evidence from another member state must be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing licensing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located; and (2) Only the home state has the power to take adverse action against a regulated social worker's multistate license.
(1) Take adverse action against a regulated social worker's multistate authorization to practice only within that member state, and issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing authority in a member state for the attendance and testimony of witnesses or the production of evidence from another member state must be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing licensing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located; and
(2) Only the home state has the power to take adverse action against a regulated social worker's multistate license.
(b) For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.
(c) The home state shall complete any pending investigations of a regulated social worker who changes their home state during the course of the investigations. The home state also has the authority to take appropriate actions and shall promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the data system shall promptly notify the new home state of any adverse actions.
(d) A member state, if otherwise permitted by state law, may recover from the affected regulated social worker the costs of investigations and dispositions of cases resulting from any adverse action taken against that regulated social worker.
(e) A member state may take adverse action based on the factual findings of another member state; provided, that the member state follows its own procedures for taking the adverse action.
(f) Joint investigations. (1) In addition to the authority granted to a member state by its respective social work practice act or other applicable state law, any member state may participate with other member states in joint investigations of licensees. (2) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under this compact.
(1) In addition to the authority granted to a member state by its respective social work practice act or other applicable state law, any member state may participate with other member states in joint investigations of licensees.
(2) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under this compact.
(g) If adverse action is taken by the home state against the multistate license of a regulated social worker, then the regulated social worker's multistate authorization to practice in all other member states is deactivated until all encumbrances have been removed from the multistate license. All home state disciplinary orders that impose adverse action against the license of a regulated social worker must include a statement that the regulated social worker's multistate authorization to practice is deactivated in all member states until all conditions of the decision, order, or agreement are satisfied.
(h) If a member state takes adverse action, then it must promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state and all other member states of any adverse actions by remote states.
(i) Nothing in this compact overrides a member state's decision that participation in an alternative program may be used in lieu of adverse action.
(j) Nothing in this compact authorizes a member state to demand the issuance of subpoenas for attendance and testimony of witnesses or the production of evidence from another member state for lawful actions within that member state.
(k) Nothing in this compact authorizes a member state to impose discipline against a regulated social worker who holds a multistate authorization to practice for lawful actions within another member state.
Added by 2024 Tenn. Acts, ch. 1041,s 1, eff. 7/1/2024.
Tenn. Code Ann. § 63-10-312 — TN Code / Title 63 / Chapter 10 / Section 63-10-312
Administrative fees
Status: in_force

(a) The board may promulgate rules to establish licensure fees necessary to carry out parts 2-7 of this chapter. (b) All monies received by the board must be deposited and dispensed pursuant to § 63-1-137 . Added by 2023 Tenn. Acts, ch. 457, s 1, eff. 7/1/2023.
(a) The board may promulgate rules to establish licensure fees necessary to carry out parts 2-7 of this chapter.
(b) All monies received by the board must be deposited and dispensed pursuant to § 63-1-137 .
Added by 2023 Tenn. Acts, ch. 457, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 63-7-103 — TN Code / Title 63 / Chapter 7 / Section 63-7-103
"Practice of professional nursing" and "professional nursing" defined
Status: in_force

(a) (1) "Practice of professional nursing" means the performance for compensation of any act requiring substantial specialized judgment and skill based on knowledge of the natural, behavioral and nursing sciences and the humanities as the basis for application of the nursing process in wellness and illness care. (2) "Professional nursing" includes: (A) Responsible supervision of a patient requiring skill and observation of symptoms and reactions and accurate recording of the facts; (B) Promotion, restoration and maintenance of health or prevention of illness of others; (C) Counseling, managing, supervising and teaching of others; (D) Administration of medications and treatments as prescribed by a licensed physician, dentist, podiatrist, or nurse authorized to prescribe pursuant to § 63-7-123 , or selected, ordered, or administered by an advanced practice registered nurse specializing as a certified registered nurse anesthetist (CRNA) during services ordered by a physician, dentist, or podiatrist and provided by a CRNA in collaboration with the ordering physician, dentist, or podiatrist that are within the scope of practice of the CRNA and authorized by clinical privileges granted by the medical staff of the facility. A CRNA shall collaborate in a cooperative working relationship with the ordering physician, dentist, or podiatrist in the provision of patient care, which includes consultation regarding patient treatment and cooperation in the management and delivery of health care; (E) Application of such nursing procedures as involve understanding of cause and effect; and (F) Nursing management of illness, injury or infirmity including identification of patient problems. (b) Notwithstanding subsection (a), the practice of professional nursing does not include acts of medical diagnosis or the development of a medical plan of care and therapeutics for a patient, except to the extent such acts may be authorized by §§ 63-1-132 , 63-7-123 and 63-7-207 . (c) (1) This section does not preclude a qualified registered nurse from determining whether a patient presenting to a hospital has an emergency medical condition if the determination is pursuant to: (A) A cooperative working relationship with a physician; and (B) Protocols jointly developed by the hospital's medical and nursing leadership and adopted by the hospital's medical staff and governing body. (2) The protocols described in subdivision (c)(1) must include a requirement that the qualified registered nurse obtain the concurrence of a physician when making a determination authorized under subdivision (c)(1). (3) As used in this subsection (c): (A) "Emergency medical condition" means: (i) A medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to result in: (a) Placing the health of the individual or, with respect to a pregnant woman, the health of the woman or the woman's unborn child, in serious jeopardy; (b) Serious impairment to bodily functions; or (c) Serious dysfunction of any bodily organ or part; and (ii) With respect to a pregnant woman who is having contractions: (a) That there is inadequate time to effect a safe transfer to another hospital before delivery; or (b) That transfer may pose a threat to the health or safety of the woman or the woman's unborn child; and (B) "Qualified registered nurse" means a registered nurse who has been approved by the hospital governing body, based on the recommendation of hospital nursing leadership, as possessing the skills and competency to make a determination of the existence of a specified emergency medical condition of a patient presenting to a hospital. Amended by 2019 Tenn. Acts, ch. 12, s 1, eff. 3/20/2019. Amended by 2016 Tenn. Acts, ch. 980, s 11, eff. 7/1/2016. Amended by 2015 Tenn. Acts, ch. 513, s 2, eff. 5/20/2015. Acts 1967, ch. 78, § 12; 1972, ch. 523, § 1; T.C.A., § 63-740; Acts 1990, ch. 651, § 2.
(a) (1) "Practice of professional nursing" means the performance for compensation of any act requiring substantial specialized judgment and skill based on knowledge of the natural, behavioral and nursing sciences and the humanities as the basis for application of the nursing process in wellness and illness care. (2) "Professional nursing" includes: (A) Responsible supervision of a patient requiring skill and observation of symptoms and reactions and accurate recording of the facts; (B) Promotion, restoration and maintenance of health or prevention of illness of others; (C) Counseling, managing, supervising and teaching of others; (D) Administration of medications and treatments as prescribed by a licensed physician, dentist, podiatrist, or nurse authorized to prescribe pursuant to § 63-7-123 , or selected, ordered, or administered by an advanced practice registered nurse specializing as a certified registered nurse anesthetist (CRNA) during services ordered by a physician, dentist, or podiatrist and provided by a CRNA in collaboration with the ordering physician, dentist, or podiatrist that are within the scope of practice of the CRNA and authorized by clinical privileges granted by the medical staff of the facility. A CRNA shall collaborate in a cooperative working relationship with the ordering physician, dentist, or podiatrist in the provision of patient care, which includes consultation regarding patient treatment and cooperation in the management and delivery of health care; (E) Application of such nursing procedures as involve understanding of cause and effect; and (F) Nursing management of illness, injury or infirmity including identification of patient problems.
(1) "Practice of professional nursing" means the performance for compensation of any act requiring substantial specialized judgment and skill based on knowledge of the natural, behavioral and nursing sciences and the humanities as the basis for application of the nursing process in wellness and illness care.
(2) "Professional nursing" includes: (A) Responsible supervision of a patient requiring skill and observation of symptoms and reactions and accurate recording of the facts; (B) Promotion, restoration and maintenance of health or prevention of illness of others; (C) Counseling, managing, supervising and teaching of others; (D) Administration of medications and treatments as prescribed by a licensed physician, dentist, podiatrist, or nurse authorized to prescribe pursuant to § 63-7-123 , or selected, ordered, or administered by an advanced practice registered nurse specializing as a certified registered nurse anesthetist (CRNA) during services ordered by a physician, dentist, or podiatrist and provided by a CRNA in collaboration with the ordering physician, dentist, or podiatrist that are within the scope of practice of the CRNA and authorized by clinical privileges granted by the medical staff of the facility. A CRNA shall collaborate in a cooperative working relationship with the ordering physician, dentist, or podiatrist in the provision of patient care, which includes consultation regarding patient treatment and cooperation in the management and delivery of health care; (E) Application of such nursing procedures as involve understanding of cause and effect; and (F) Nursing management of illness, injury or infirmity including identification of patient problems.
(A) Responsible supervision of a patient requiring skill and observation of symptoms and reactions and accurate recording of the facts;
(B) Promotion, restoration and maintenance of health or prevention of illness of others;
(C) Counseling, managing, supervising and teaching of others;
(D) Administration of medications and treatments as prescribed by a licensed physician, dentist, podiatrist, or nurse authorized to prescribe pursuant to § 63-7-123 , or selected, ordered, or administered by an advanced practice registered nurse specializing as a certified registered nurse anesthetist (CRNA) during services ordered by a physician, dentist, or podiatrist and provided by a CRNA in collaboration with the ordering physician, dentist, or podiatrist that are within the scope of practice of the CRNA and authorized by clinical privileges granted by the medical staff of the facility. A CRNA shall collaborate in a cooperative working relationship with the ordering physician, dentist, or podiatrist in the provision of patient care, which includes consultation regarding patient treatment and cooperation in the management and delivery of health care;
(E) Application of such nursing procedures as involve understanding of cause and effect; and
(F) Nursing management of illness, injury or infirmity including identification of patient problems.
(b) Notwithstanding subsection (a), the practice of professional nursing does not include acts of medical diagnosis or the development of a medical plan of care and therapeutics for a patient, except to the extent such acts may be authorized by §§ 63-1-132 , 63-7-123 and 63-7-207 .
(c) (1) This section does not preclude a qualified registered nurse from determining whether a patient presenting to a hospital has an emergency medical condition if the determination is pursuant to: (A) A cooperative working relationship with a physician; and (B) Protocols jointly developed by the hospital's medical and nursing leadership and adopted by the hospital's medical staff and governing body. (2) The protocols described in subdivision (c)(1) must include a requirement that the qualified registered nurse obtain the concurrence of a physician when making a determination authorized under subdivision (c)(1). (3) As used in this subsection (c): (A) "Emergency medical condition" means: (i) A medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to result in: (a) Placing the health of the individual or, with respect to a pregnant woman, the health of the woman or the woman's unborn child, in serious jeopardy; (b) Serious impairment to bodily functions; or (c) Serious dysfunction of any bodily organ or part; and (ii) With respect to a pregnant woman who is having contractions: (a) That there is inadequate time to effect a safe transfer to another hospital before delivery; or (b) That transfer may pose a threat to the health or safety of the woman or the woman's unborn child; and (B) "Qualified registered nurse" means a registered nurse who has been approved by the hospital governing body, based on the recommendation of hospital nursing leadership, as possessing the skills and competency to make a determination of the existence of a specified emergency medical condition of a patient presenting to a hospital.
(1) This section does not preclude a qualified registered nurse from determining whether a patient presenting to a hospital has an emergency medical condition if the determination is pursuant to: (A) A cooperative working relationship with a physician; and (B) Protocols jointly developed by the hospital's medical and nursing leadership and adopted by the hospital's medical staff and governing body.
(A) A cooperative working relationship with a physician; and
(B) Protocols jointly developed by the hospital's medical and nursing leadership and adopted by the hospital's medical staff and governing body.
(2) The protocols described in subdivision (c)(1) must include a requirement that the qualified registered nurse obtain the concurrence of a physician when making a determination authorized under subdivision (c)(1).
(3) As used in this subsection (c): (A) "Emergency medical condition" means: (i) A medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to result in: (a) Placing the health of the individual or, with respect to a pregnant woman, the health of the woman or the woman's unborn child, in serious jeopardy; (b) Serious impairment to bodily functions; or (c) Serious dysfunction of any bodily organ or part; and (ii) With respect to a pregnant woman who is having contractions: (a) That there is inadequate time to effect a safe transfer to another hospital before delivery; or (b) That transfer may pose a threat to the health or safety of the woman or the woman's unborn child; and (B) "Qualified registered nurse" means a registered nurse who has been approved by the hospital governing body, based on the recommendation of hospital nursing leadership, as possessing the skills and competency to make a determination of the existence of a specified emergency medical condition of a patient presenting to a hospital.
(A) "Emergency medical condition" means: (i) A medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to result in: (a) Placing the health of the individual or, with respect to a pregnant woman, the health of the woman or the woman's unborn child, in serious jeopardy; (b) Serious impairment to bodily functions; or (c) Serious dysfunction of any bodily organ or part; and (ii) With respect to a pregnant woman who is having contractions: (a) That there is inadequate time to effect a safe transfer to another hospital before delivery; or (b) That transfer may pose a threat to the health or safety of the woman or the woman's unborn child; and
(i) A medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to result in: (a) Placing the health of the individual or, with respect to a pregnant woman, the health of the woman or the woman's unborn child, in serious jeopardy; (b) Serious impairment to bodily functions; or (c) Serious dysfunction of any bodily organ or part; and
(a) Placing the health of the individual or, with respect to a pregnant woman, the health of the woman or the woman's unborn child, in serious jeopardy;
(b) Serious impairment to bodily functions; or
(c) Serious dysfunction of any bodily organ or part; and
(ii) With respect to a pregnant woman who is having contractions: (a) That there is inadequate time to effect a safe transfer to another hospital before delivery; or (b) That transfer may pose a threat to the health or safety of the woman or the woman's unborn child; and
(a) That there is inadequate time to effect a safe transfer to another hospital before delivery; or
(b) That transfer may pose a threat to the health or safety of the woman or the woman's unborn child; and
(B) "Qualified registered nurse" means a registered nurse who has been approved by the hospital governing body, based on the recommendation of hospital nursing leadership, as possessing the skills and competency to make a determination of the existence of a specified emergency medical condition of a patient presenting to a hospital.
Amended by 2019 Tenn. Acts, ch. 12, s 1, eff. 3/20/2019.
Amended by 2016 Tenn. Acts, ch. 980, s 11, eff. 7/1/2016.
Amended by 2015 Tenn. Acts, ch. 513, s 2, eff. 5/20/2015.
Acts 1967, ch. 78, § 12; 1972, ch. 523, § 1; T.C.A., § 63-740; Acts 1990, ch. 651, § 2.
Tenn. Code Ann. § 63-20-105 — TN Code / Title 63 / Chapter 20 / Section 63-20-105
Promulgation of licensure rules
Status: in_force

(a) The board of medical examiners, in consultation with the board of osteopathic examination, is authorized to promulgate rules: (1) To establish the process for licensure of graduate physicians, supervision requirements, and additional requirements for graduate physician collaborative practice arrangements; (2) To set fees, which must include a requirement that the total fees collected each year must be greater than or equal to the total costs necessary to facilitate the graduate physician collaborative practice arrangement each year; and (3) To address any other matters necessary to protect the public and discipline the profession. (b) A graduate physician's license issued pursuant to this chapter and the rules promulgated by the board of medical examiners is only valid for two (2) years from the date of issuance and is not subject to renewal. The board of medical examiners or board of osteopathic examination may deny an application for licensure or suspend or revoke the license of a graduate physician for violation of the standards provided in §§ 63-6-214 and 63-9-111 , as applicable, or for a violation of the standards of conduct established by the board of medical examiners by rule. (c) Any rule promulgated under the authority delegated to the board of medical examiners in this chapter becomes effective only if it complies with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Added by 2023 Tenn. Acts, ch. 470, s 1, eff. 1/1/2025.
(a) The board of medical examiners, in consultation with the board of osteopathic examination, is authorized to promulgate rules: (1) To establish the process for licensure of graduate physicians, supervision requirements, and additional requirements for graduate physician collaborative practice arrangements; (2) To set fees, which must include a requirement that the total fees collected each year must be greater than or equal to the total costs necessary to facilitate the graduate physician collaborative practice arrangement each year; and (3) To address any other matters necessary to protect the public and discipline the profession.
(1) To establish the process for licensure of graduate physicians, supervision requirements, and additional requirements for graduate physician collaborative practice arrangements;
(2) To set fees, which must include a requirement that the total fees collected each year must be greater than or equal to the total costs necessary to facilitate the graduate physician collaborative practice arrangement each year; and
(3) To address any other matters necessary to protect the public and discipline the profession.
(b) A graduate physician's license issued pursuant to this chapter and the rules promulgated by the board of medical examiners is only valid for two (2) years from the date of issuance and is not subject to renewal. The board of medical examiners or board of osteopathic examination may deny an application for licensure or suspend or revoke the license of a graduate physician for violation of the standards provided in §§ 63-6-214 and 63-9-111 , as applicable, or for a violation of the standards of conduct established by the board of medical examiners by rule.
(c) Any rule promulgated under the authority delegated to the board of medical examiners in this chapter becomes effective only if it complies with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Added by 2023 Tenn. Acts, ch. 470, s 1, eff. 1/1/2025.
Tenn. Code Ann. § 63-1-120 — TN Code / Title 63 / Chapter 1 / Section 63-1-120
Denial, withholding, suspending, limiting or restricting licensure, certification, permit, or authorization or otherwise disciplining holder of license, certificate, permit, or authorization - Disciplinary actions
Status: in_force

(a) (1) With respect to any person required to be licensed, permitted, certified or authorized by any board, council, committee, agency, or regulatory program created pursuant to chapters 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 22, 23, 24, 25, 26, 27, 28, 29, 30, and 31 of this title and to title 68, chapter 140 attached to the division of health related boards, such board, council, committee or agency may: (A) Deny an application for licensure, certification, permit or authorization; (B) Permanently withhold issuance of licensure, certification, permit or authorization; (C) Suspend, limit or restrict previously issued licensure, certification, permit or authorization; or (D) Otherwise discipline a holder of a license, certificate, permit or authorization, if the applicant, licensee or certificate or permit holder has been disciplined by another state of the United States for any acts or omissions that would constitute grounds for discipline of a person licensed, certified, permitted or authorized in this state. (2) A certified copy of the initial order, final order or other equivalent document memorializing the disciplinary action from the disciplining state shall constitute prima facie evidence of a violation of this section and shall be sufficient grounds upon which to deny, restrict or condition the license, permit or certificate renewal or application, and/or otherwise to discipline a licensee licensed in this state. (b) In disciplinary actions against individuals holding a license, certificate, permit or authorization in this state at the time of a disciplinary action in another reporting state, in the absence of justifying evidence to the contrary, there shall be a rebuttable presumption that the sanction proposed in any such proceeding will be comparable to that in the reporting state; however, no such presumption shall exist for those who are applying for licensure, certification, permit or authorization in this state during or after the time the disciplinary action in the other state is pending or has become final. If a board, council, committee, agency, or regulatory program created pursuant to chapters 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 22, 23, 24, 25, 26, 27, 28, 29, 30, and 31 of this title or title 68, chapter 140 denies, restricts or conditions a licensure, certification, permit or authorization based on a disciplinary action in another state, the applicant shall, upon written request, filed within thirty (30) days of the date of the action on the application, be entitled to a contested case hearing. Amended by 2020 Tenn. Acts, ch. 594, s 5, eff. 3/20/2020. Acts 1947, ch. 9, § 11; mod. C. Supp. 1950, § 6907.11 (Williams, § 6917.28); Acts 1955, ch. 57, § 1; 1975, ch. 355, §§ 5, 6; 1980, ch. 605, § 1; T.C.A. (orig. ed.), § 63-123; Acts 1984, ch. 937, § 75; T.C.A., § 63-1-123 ; Acts 2001, ch. 286, §§ 1, 2; 2010 , ch. 1043, § 4.
(a) (1) With respect to any person required to be licensed, permitted, certified or authorized by any board, council, committee, agency, or regulatory program created pursuant to chapters 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 22, 23, 24, 25, 26, 27, 28, 29, 30, and 31 of this title and to title 68, chapter 140 attached to the division of health related boards, such board, council, committee or agency may: (A) Deny an application for licensure, certification, permit or authorization; (B) Permanently withhold issuance of licensure, certification, permit or authorization; (C) Suspend, limit or restrict previously issued licensure, certification, permit or authorization; or (D) Otherwise discipline a holder of a license, certificate, permit or authorization, if the applicant, licensee or certificate or permit holder has been disciplined by another state of the United States for any acts or omissions that would constitute grounds for discipline of a person licensed, certified, permitted or authorized in this state. (2) A certified copy of the initial order, final order or other equivalent document memorializing the disciplinary action from the disciplining state shall constitute prima facie evidence of a violation of this section and shall be sufficient grounds upon which to deny, restrict or condition the license, permit or certificate renewal or application, and/or otherwise to discipline a licensee licensed in this state.
(1) With respect to any person required to be licensed, permitted, certified or authorized by any board, council, committee, agency, or regulatory program created pursuant to chapters 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 22, 23, 24, 25, 26, 27, 28, 29, 30, and 31 of this title and to title 68, chapter 140 attached to the division of health related boards, such board, council, committee or agency may: (A) Deny an application for licensure, certification, permit or authorization; (B) Permanently withhold issuance of licensure, certification, permit or authorization; (C) Suspend, limit or restrict previously issued licensure, certification, permit or authorization; or (D) Otherwise discipline a holder of a license, certificate, permit or authorization, if the applicant, licensee or certificate or permit holder has been disciplined by another state of the United States for any acts or omissions that would constitute grounds for discipline of a person licensed, certified, permitted or authorized in this state.
(A) Deny an application for licensure, certification, permit or authorization;
(B) Permanently withhold issuance of licensure, certification, permit or authorization;
(C) Suspend, limit or restrict previously issued licensure, certification, permit or authorization; or
(D) Otherwise discipline a holder of a license, certificate, permit or authorization, if the applicant, licensee or certificate or permit holder has been disciplined by another state of the United States for any acts or omissions that would constitute grounds for discipline of a person licensed, certified, permitted or authorized in this state.
(2) A certified copy of the initial order, final order or other equivalent document memorializing the disciplinary action from the disciplining state shall constitute prima facie evidence of a violation of this section and shall be sufficient grounds upon which to deny, restrict or condition the license, permit or certificate renewal or application, and/or otherwise to discipline a licensee licensed in this state.
(b) In disciplinary actions against individuals holding a license, certificate, permit or authorization in this state at the time of a disciplinary action in another reporting state, in the absence of justifying evidence to the contrary, there shall be a rebuttable presumption that the sanction proposed in any such proceeding will be comparable to that in the reporting state; however, no such presumption shall exist for those who are applying for licensure, certification, permit or authorization in this state during or after the time the disciplinary action in the other state is pending or has become final. If a board, council, committee, agency, or regulatory program created pursuant to chapters 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 22, 23, 24, 25, 26, 27, 28, 29, 30, and 31 of this title or title 68, chapter 140 denies, restricts or conditions a licensure, certification, permit or authorization based on a disciplinary action in another state, the applicant shall, upon written request, filed within thirty (30) days of the date of the action on the application, be entitled to a contested case hearing.
Amended by 2020 Tenn. Acts, ch. 594, s 5, eff. 3/20/2020.
Acts 1947, ch. 9, § 11; mod. C. Supp. 1950, § 6907.11 (Williams, § 6917.28); Acts 1955, ch. 57, § 1; 1975, ch. 355, §§ 5, 6; 1980, ch. 605, § 1; T.C.A. (orig. ed.), § 63-123; Acts 1984, ch. 937, § 75; T.C.A., § 63-1-123 ; Acts 2001, ch. 286, §§ 1, 2; 2010 , ch. 1043, § 4.
Tenn. Code Ann. § 63-1-141 — TN Code / Title 63 / Chapter 1 / Section 63-1-141
Default on student loans by members of the healing arts profession
Status: in_force

(a) (1) Upon receiving a copy of a final order as provided in subsection (b) from the Tennessee student assistance corporation (TSAC) or a guarantee agency that has an agreement with the United States secretary of education (guarantee agency), each board, commission, committee, agency or other governmental entity (licensing authority) created pursuant to this title shall suspend, deny or revoke the license of, or take other such appropriate disciplinary action, against any person (also referred to as the debtor), who has defaulted on a repayment or service obligation under any federal family education loan program, the federal Higher Education Act of 1965, a student loan guaranteed or administered by the Tennessee student assistance corporation or any other state or federal educational loan or service-conditional scholarship program. (2) Notwithstanding subdivision (a)(1), a licensing authority may elect not to suspend, deny, or revoke the license of a person if the default or delinquency is the result of a medical hardship that prevented the person from working in the person's licensed field and the medical hardship significantly contributed to the default or delinquency. (b) (1) Each board, commission, committee, agency or other governmental entity created pursuant to this title shall accept any determination of default from TSAC or a guarantee agency, after TSAC or the guarantee agency has afforded a debtor an opportunity to be heard in accordance with subdivision (b)(2); and such board, commission, committee, agency or other governmental entity shall rescind any disciplinary action and restore any license or certificate upon receiving notice from such corporation or guarantee agency that the person has agreed to serve such person's obligation or is in compliance with an approved repayment plan. (2) (A) Unless a debtor has made satisfactory arrangements according to the lender, TSAC or the guarantee agency, which may include administrative wage garnishment, voluntary payment arrangements or deferment/forbearance, then the debtor shall be regarded as delinquent or in default. If a debtor is delinquent or in default on a repayment or service obligation under a guaranteed student loan identified in subsection (a) or such debtor has failed to enter into a payment plan or comply with a payment plan previously approved by TSAC or the guarantee agency, then TSAC or the guarantee agency shall issue to such debtor a notice of intent to file an order with the appropriate licensing authority to suspend, deny or revoke the debtor's license or certificate. The notice must: (i) Be served upon the debtor personally or by certified mail with return receipt requested; and (ii) State that the debtor's license or certificate will be suspended, denied or revoked ninety (90) days after service, unless within that time the debtor: (a) Pays the entire debt stated in the notice; (b) Enters into a payment plan or complies with a payment plan previously entered into and approved by TSAC or the guarantee agency; or (c) Requests a hearing before TSAC or the guarantee agency. (B) Any such hearing request by the debtor shall be made in writing and must be received by TSAC or the guarantee agency within twenty (20) days of the date the notice is served. (C) TSAC, or the guarantee agency, upon receipt of a request for a hearing from the debtor, shall schedule a hearing to determine whether suspension, denial or revocation of the debtor's license or certificate is appropriate. The debtor's license or certificate may not be suspended, denied or revoked until a determination is reached following the hearing. The only issues that may be determined in such hearing are: (i) The amount of the debt, if any; (ii) Whether the debtor is delinquent or in default; (iii) Whether the debtor has entered into a payment plan or the debtor is willing to enter into a payment plan or to comply with a payment plan previously entered into and approved by TSAC or the guarantee agency; and (iv) Whether the debtor's default or delinquency is the result of a medical hardship that prevented the debtor from working in the debtor's licensed field and the medical hardship significantly contributed to the default or delinquency. (D) If a debtor fails to respond to such notice of intent, fails to timely request a hearing or fails to appear at a regularly scheduled hearing, the debtor's defenses, objections or request for a payment plan or compliance with a payment plan may be determined to be without merit, and TSAC or the guarantee agency shall enter a final decision and order, requesting suspension, denial or revocation of the debtor's license or certificate and further requesting the licensing authority to order the debtor to refrain from engaging in the licensed activity or activity for which a certificate has been issued. TSAC or the guarantee agency shall send a copy of such order to the licensing authority and the debtor. (E) All such administrative hearings shall be conducted in the same manner as those conducted pursuant to §§ 36-5-703 §§ 36-5-703 and 36-5-704 . (F) (i) When TSAC or the guarantee agency determines that the debt is paid in full or the debtor has entered into a payment plan or complied with a payment plan previously approved by TSAC or the guarantee agency, TSAC or the guarantee agency shall terminate the order suspending, denying or revoking the license or certificate. TSAC or the guarantee agency shall send a copy of the order terminating the suspension, denial or revocation to the licensing authority and the debtor. Notwithstanding any other provision of law, rule or regulation to the contrary, when the license or certificate is reinstated, the licensing authority shall not impose a reinstatement fee that exceeds fifty dollars ($50.00). (ii) Entry of an order terminating suspension, denial or revocation of a license or certificate does not limit the ability of TSAC or the guarantee agency to issue a new order suspending, denying or revoking the license or certificate of the same debtor in the event of another delinquency or default. (G) TSAC is authorized to promulgate necessary rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this subsection (b). (c) Each board, commission, committee, agency or other governmental entity created pursuant to this title shall promulgate rules and regulations to effectuate the purposes of this section. Amended by 2018 Tenn. Acts, ch. 744, s 12, eff. 1/1/2019. Amended by 2018 Tenn. Acts, ch. 744, s 11, eff. 1/1/2019. Acts 1999, ch. 476, § 1.
(a) (1) Upon receiving a copy of a final order as provided in subsection (b) from the Tennessee student assistance corporation (TSAC) or a guarantee agency that has an agreement with the United States secretary of education (guarantee agency), each board, commission, committee, agency or other governmental entity (licensing authority) created pursuant to this title shall suspend, deny or revoke the license of, or take other such appropriate disciplinary action, against any person (also referred to as the debtor), who has defaulted on a repayment or service obligation under any federal family education loan program, the federal Higher Education Act of 1965, a student loan guaranteed or administered by the Tennessee student assistance corporation or any other state or federal educational loan or service-conditional scholarship program. (2) Notwithstanding subdivision (a)(1), a licensing authority may elect not to suspend, deny, or revoke the license of a person if the default or delinquency is the result of a medical hardship that prevented the person from working in the person's licensed field and the medical hardship significantly contributed to the default or delinquency.
(1) Upon receiving a copy of a final order as provided in subsection (b) from the Tennessee student assistance corporation (TSAC) or a guarantee agency that has an agreement with the United States secretary of education (guarantee agency), each board, commission, committee, agency or other governmental entity (licensing authority) created pursuant to this title shall suspend, deny or revoke the license of, or take other such appropriate disciplinary action, against any person (also referred to as the debtor), who has defaulted on a repayment or service obligation under any federal family education loan program, the federal Higher Education Act of 1965, a student loan guaranteed or administered by the Tennessee student assistance corporation or any other state or federal educational loan or service-conditional scholarship program.
(2) Notwithstanding subdivision (a)(1), a licensing authority may elect not to suspend, deny, or revoke the license of a person if the default or delinquency is the result of a medical hardship that prevented the person from working in the person's licensed field and the medical hardship significantly contributed to the default or delinquency.
(b) (1) Each board, commission, committee, agency or other governmental entity created pursuant to this title shall accept any determination of default from TSAC or a guarantee agency, after TSAC or the guarantee agency has afforded a debtor an opportunity to be heard in accordance with subdivision (b)(2); and such board, commission, committee, agency or other governmental entity shall rescind any disciplinary action and restore any license or certificate upon receiving notice from such corporation or guarantee agency that the person has agreed to serve such person's obligation or is in compliance with an approved repayment plan. (2) (A) Unless a debtor has made satisfactory arrangements according to the lender, TSAC or the guarantee agency, which may include administrative wage garnishment, voluntary payment arrangements or deferment/forbearance, then the debtor shall be regarded as delinquent or in default. If a debtor is delinquent or in default on a repayment or service obligation under a guaranteed student loan identified in subsection (a) or such debtor has failed to enter into a payment plan or comply with a payment plan previously approved by TSAC or the guarantee agency, then TSAC or the guarantee agency shall issue to such debtor a notice of intent to file an order with the appropriate licensing authority to suspend, deny or revoke the debtor's license or certificate. The notice must: (i) Be served upon the debtor personally or by certified mail with return receipt requested; and (ii) State that the debtor's license or certificate will be suspended, denied or revoked ninety (90) days after service, unless within that time the debtor: (a) Pays the entire debt stated in the notice; (b) Enters into a payment plan or complies with a payment plan previously entered into and approved by TSAC or the guarantee agency; or (c) Requests a hearing before TSAC or the guarantee agency. (B) Any such hearing request by the debtor shall be made in writing and must be received by TSAC or the guarantee agency within twenty (20) days of the date the notice is served. (C) TSAC, or the guarantee agency, upon receipt of a request for a hearing from the debtor, shall schedule a hearing to determine whether suspension, denial or revocation of the debtor's license or certificate is appropriate. The debtor's license or certificate may not be suspended, denied or revoked until a determination is reached following the hearing. The only issues that may be determined in such hearing are: (i) The amount of the debt, if any; (ii) Whether the debtor is delinquent or in default; (iii) Whether the debtor has entered into a payment plan or the debtor is willing to enter into a payment plan or to comply with a payment plan previously entered into and approved by TSAC or the guarantee agency; and (iv) Whether the debtor's default or delinquency is the result of a medical hardship that prevented the debtor from working in the debtor's licensed field and the medical hardship significantly contributed to the default or delinquency. (D) If a debtor fails to respond to such notice of intent, fails to timely request a hearing or fails to appear at a regularly scheduled hearing, the debtor's defenses, objections or request for a payment plan or compliance with a payment plan may be determined to be without merit, and TSAC or the guarantee agency shall enter a final decision and order, requesting suspension, denial or revocation of the debtor's license or certificate and further requesting the licensing authority to order the debtor to refrain from engaging in the licensed activity or activity for which a certificate has been issued. TSAC or the guarantee agency shall send a copy of such order to the licensing authority and the debtor. (E) All such administrative hearings shall be conducted in the same manner as those conducted pursuant to §§ 36-5-703 §§ 36-5-703 and 36-5-704 . (F) (i) When TSAC or the guarantee agency determines that the debt is paid in full or the debtor has entered into a payment plan or complied with a payment plan previously approved by TSAC or the guarantee agency, TSAC or the guarantee agency shall terminate the order suspending, denying or revoking the license or certificate. TSAC or the guarantee agency shall send a copy of the order terminating the suspension, denial or revocation to the licensing authority and the debtor. Notwithstanding any other provision of law, rule or regulation to the contrary, when the license or certificate is reinstated, the licensing authority shall not impose a reinstatement fee that exceeds fifty dollars ($50.00). (ii) Entry of an order terminating suspension, denial or revocation of a license or certificate does not limit the ability of TSAC or the guarantee agency to issue a new order suspending, denying or revoking the license or certificate of the same debtor in the event of another delinquency or default. (G) TSAC is authorized to promulgate necessary rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this subsection (b).
(1) Each board, commission, committee, agency or other governmental entity created pursuant to this title shall accept any determination of default from TSAC or a guarantee agency, after TSAC or the guarantee agency has afforded a debtor an opportunity to be heard in accordance with subdivision (b)(2); and such board, commission, committee, agency or other governmental entity shall rescind any disciplinary action and restore any license or certificate upon receiving notice from such corporation or guarantee agency that the person has agreed to serve such person's obligation or is in compliance with an approved repayment plan.
(2) (A) Unless a debtor has made satisfactory arrangements according to the lender, TSAC or the guarantee agency, which may include administrative wage garnishment, voluntary payment arrangements or deferment/forbearance, then the debtor shall be regarded as delinquent or in default. If a debtor is delinquent or in default on a repayment or service obligation under a guaranteed student loan identified in subsection (a) or such debtor has failed to enter into a payment plan or comply with a payment plan previously approved by TSAC or the guarantee agency, then TSAC or the guarantee agency shall issue to such debtor a notice of intent to file an order with the appropriate licensing authority to suspend, deny or revoke the debtor's license or certificate. The notice must: (i) Be served upon the debtor personally or by certified mail with return receipt requested; and (ii) State that the debtor's license or certificate will be suspended, denied or revoked ninety (90) days after service, unless within that time the debtor: (a) Pays the entire debt stated in the notice; (b) Enters into a payment plan or complies with a payment plan previously entered into and approved by TSAC or the guarantee agency; or (c) Requests a hearing before TSAC or the guarantee agency. (B) Any such hearing request by the debtor shall be made in writing and must be received by TSAC or the guarantee agency within twenty (20) days of the date the notice is served. (C) TSAC, or the guarantee agency, upon receipt of a request for a hearing from the debtor, shall schedule a hearing to determine whether suspension, denial or revocation of the debtor's license or certificate is appropriate. The debtor's license or certificate may not be suspended, denied or revoked until a determination is reached following the hearing. The only issues that may be determined in such hearing are: (i) The amount of the debt, if any; (ii) Whether the debtor is delinquent or in default; (iii) Whether the debtor has entered into a payment plan or the debtor is willing to enter into a payment plan or to comply with a payment plan previously entered into and approved by TSAC or the guarantee agency; and (iv) Whether the debtor's default or delinquency is the result of a medical hardship that prevented the debtor from working in the debtor's licensed field and the medical hardship significantly contributed to the default or delinquency. (D) If a debtor fails to respond to such notice of intent, fails to timely request a hearing or fails to appear at a regularly scheduled hearing, the debtor's defenses, objections or request for a payment plan or compliance with a payment plan may be determined to be without merit, and TSAC or the guarantee agency shall enter a final decision and order, requesting suspension, denial or revocation of the debtor's license or certificate and further requesting the licensing authority to order the debtor to refrain from engaging in the licensed activity or activity for which a certificate has been issued. TSAC or the guarantee agency shall send a copy of such order to the licensing authority and the debtor. (E) All such administrative hearings shall be conducted in the same manner as those conducted pursuant to §§ 36-5-703 §§ 36-5-703 and 36-5-704 . (F) (i) When TSAC or the guarantee agency determines that the debt is paid in full or the debtor has entered into a payment plan or complied with a payment plan previously approved by TSAC or the guarantee agency, TSAC or the guarantee agency shall terminate the order suspending, denying or revoking the license or certificate. TSAC or the guarantee agency shall send a copy of the order terminating the suspension, denial or revocation to the licensing authority and the debtor. Notwithstanding any other provision of law, rule or regulation to the contrary, when the license or certificate is reinstated, the licensing authority shall not impose a reinstatement fee that exceeds fifty dollars ($50.00). (ii) Entry of an order terminating suspension, denial or revocation of a license or certificate does not limit the ability of TSAC or the guarantee agency to issue a new order suspending, denying or revoking the license or certificate of the same debtor in the event of another delinquency or default. (G) TSAC is authorized to promulgate necessary rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this subsection (b).
(A) Unless a debtor has made satisfactory arrangements according to the lender, TSAC or the guarantee agency, which may include administrative wage garnishment, voluntary payment arrangements or deferment/forbearance, then the debtor shall be regarded as delinquent or in default. If a debtor is delinquent or in default on a repayment or service obligation under a guaranteed student loan identified in subsection (a) or such debtor has failed to enter into a payment plan or comply with a payment plan previously approved by TSAC or the guarantee agency, then TSAC or the guarantee agency shall issue to such debtor a notice of intent to file an order with the appropriate licensing authority to suspend, deny or revoke the debtor's license or certificate. The notice must: (i) Be served upon the debtor personally or by certified mail with return receipt requested; and (ii) State that the debtor's license or certificate will be suspended, denied or revoked ninety (90) days after service, unless within that time the debtor: (a) Pays the entire debt stated in the notice; (b) Enters into a payment plan or complies with a payment plan previously entered into and approved by TSAC or the guarantee agency; or (c) Requests a hearing before TSAC or the guarantee agency.
(i) Be served upon the debtor personally or by certified mail with return receipt requested; and
(ii) State that the debtor's license or certificate will be suspended, denied or revoked ninety (90) days after service, unless within that time the debtor: (a) Pays the entire debt stated in the notice; (b) Enters into a payment plan or complies with a payment plan previously entered into and approved by TSAC or the guarantee agency; or (c) Requests a hearing before TSAC or the guarantee agency.
(a) Pays the entire debt stated in the notice;
(b) Enters into a payment plan or complies with a payment plan previously entered into and approved by TSAC or the guarantee agency; or
(c) Requests a hearing before TSAC or the guarantee agency.
(B) Any such hearing request by the debtor shall be made in writing and must be received by TSAC or the guarantee agency within twenty (20) days of the date the notice is served.
(C) TSAC, or the guarantee agency, upon receipt of a request for a hearing from the debtor, shall schedule a hearing to determine whether suspension, denial or revocation of the debtor's license or certificate is appropriate. The debtor's license or certificate may not be suspended, denied or revoked until a determination is reached following the hearing. The only issues that may be determined in such hearing are: (i) The amount of the debt, if any; (ii) Whether the debtor is delinquent or in default; (iii) Whether the debtor has entered into a payment plan or the debtor is willing to enter into a payment plan or to comply with a payment plan previously entered into and approved by TSAC or the guarantee agency; and (iv) Whether the debtor's default or delinquency is the result of a medical hardship that prevented the debtor from working in the debtor's licensed field and the medical hardship significantly contributed to the default or delinquency.
(i) The amount of the debt, if any;
(ii) Whether the debtor is delinquent or in default;
(iii) Whether the debtor has entered into a payment plan or the debtor is willing to enter into a payment plan or to comply with a payment plan previously entered into and approved by TSAC or the guarantee agency; and
(iv) Whether the debtor's default or delinquency is the result of a medical hardship that prevented the debtor from working in the debtor's licensed field and the medical hardship significantly contributed to the default or delinquency.
(D) If a debtor fails to respond to such notice of intent, fails to timely request a hearing or fails to appear at a regularly scheduled hearing, the debtor's defenses, objections or request for a payment plan or compliance with a payment plan may be determined to be without merit, and TSAC or the guarantee agency shall enter a final decision and order, requesting suspension, denial or revocation of the debtor's license or certificate and further requesting the licensing authority to order the debtor to refrain from engaging in the licensed activity or activity for which a certificate has been issued. TSAC or the guarantee agency shall send a copy of such order to the licensing authority and the debtor.
(E) All such administrative hearings shall be conducted in the same manner as those conducted pursuant to §§ 36-5-703 §§ 36-5-703 and 36-5-704 .
(F) (i) When TSAC or the guarantee agency determines that the debt is paid in full or the debtor has entered into a payment plan or complied with a payment plan previously approved by TSAC or the guarantee agency, TSAC or the guarantee agency shall terminate the order suspending, denying or revoking the license or certificate. TSAC or the guarantee agency shall send a copy of the order terminating the suspension, denial or revocation to the licensing authority and the debtor. Notwithstanding any other provision of law, rule or regulation to the contrary, when the license or certificate is reinstated, the licensing authority shall not impose a reinstatement fee that exceeds fifty dollars ($50.00). (ii) Entry of an order terminating suspension, denial or revocation of a license or certificate does not limit the ability of TSAC or the guarantee agency to issue a new order suspending, denying or revoking the license or certificate of the same debtor in the event of another delinquency or default.
(i) When TSAC or the guarantee agency determines that the debt is paid in full or the debtor has entered into a payment plan or complied with a payment plan previously approved by TSAC or the guarantee agency, TSAC or the guarantee agency shall terminate the order suspending, denying or revoking the license or certificate. TSAC or the guarantee agency shall send a copy of the order terminating the suspension, denial or revocation to the licensing authority and the debtor. Notwithstanding any other provision of law, rule or regulation to the contrary, when the license or certificate is reinstated, the licensing authority shall not impose a reinstatement fee that exceeds fifty dollars ($50.00).
(ii) Entry of an order terminating suspension, denial or revocation of a license or certificate does not limit the ability of TSAC or the guarantee agency to issue a new order suspending, denying or revoking the license or certificate of the same debtor in the event of another delinquency or default.
(G) TSAC is authorized to promulgate necessary rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this subsection (b).
(c) Each board, commission, committee, agency or other governmental entity created pursuant to this title shall promulgate rules and regulations to effectuate the purposes of this section.
Amended by 2018 Tenn. Acts, ch. 744, s 12, eff. 1/1/2019.
Amended by 2018 Tenn. Acts, ch. 744, s 11, eff. 1/1/2019.
Acts 1999, ch. 476, § 1.
Tenn. Code Ann. § 63-11-216 — TN Code / Title 63 / Chapter 11 / Section 63-11-216
Administrative procedure
Status: in_force

All proceedings for disciplinary action against a licensee or certified person under this chapter shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 1953, ch. 169, § 13 (Williams, § 7082.13); Acts 1979, ch. 201, § 2; T.C.A. (orig. ed.), § 63-1120; Acts 1985, ch. 120, § 13; 2001, ch. 123, § 29.
All proceedings for disciplinary action against a licensee or certified person under this chapter shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1953, ch. 169, § 13 (Williams, § 7082.13); Acts 1979, ch. 201, § 2; T.C.A. (orig. ed.), § 63-1120; Acts 1985, ch. 120, § 13; 2001, ch. 123, § 29.
Tenn. Code Ann. § 63-10-105 — TN Code / Title 63 / Chapter 10 / Section 63-10-105
Denying or withholding payment
Status: in_force

(a) No program administrator shall deny payment for services to any pharmacy that may have resulted from the fraudulent or illegal use of an identification card by any person, unless the pharmacy has been notified that the card has been cancelled or discontinued and that the program administrator has been unsuccessful in attempting to regain possession of the card. (b) No program administrator shall withhold any payments to any pharmacy beyond the time period specified in the payment schedule provisions of the agreement, except that individual claims for payment may be returned to the pharmacy for cause, such as incomplete or illegible information, and may then be resubmitted by the pharmacy to the program administrator after the appropriate corrections have been made. (c) No program administrator shall deny or withhold payment to any pharmacy for duplicate prescription refills or prescription refills that are dispensed early in relation to the prior day's supply dispensed, where such refills are for the purpose of replacing lost or destroyed medication or providing the patient with the quantity necessary for extended travel away from the community in which the patient resides or for any other bona fide reason that causes the patient to be without medication, when the discontinuation of the medicine would, in the pharmacist's professional judgment, place the patient at risk of harm. Acts 1981, ch. 104, § 6; T.C.A., § 63-1055; Acts 1997 , ch. 172, § 1; T.C.A. § 63-10-305 .
(a) No program administrator shall deny payment for services to any pharmacy that may have resulted from the fraudulent or illegal use of an identification card by any person, unless the pharmacy has been notified that the card has been cancelled or discontinued and that the program administrator has been unsuccessful in attempting to regain possession of the card.
(b) No program administrator shall withhold any payments to any pharmacy beyond the time period specified in the payment schedule provisions of the agreement, except that individual claims for payment may be returned to the pharmacy for cause, such as incomplete or illegible information, and may then be resubmitted by the pharmacy to the program administrator after the appropriate corrections have been made.
(c) No program administrator shall deny or withhold payment to any pharmacy for duplicate prescription refills or prescription refills that are dispensed early in relation to the prior day's supply dispensed, where such refills are for the purpose of replacing lost or destroyed medication or providing the patient with the quantity necessary for extended travel away from the community in which the patient resides or for any other bona fide reason that causes the patient to be without medication, when the discontinuation of the medicine would, in the pharmacist's professional judgment, place the patient at risk of harm.
Acts 1981, ch. 104, § 6; T.C.A., § 63-1055; Acts 1997 , ch. 172, § 1; T.C.A. § 63-10-305 .