Tenn. Code Ann. § 63-13-103 — TN Code / Title 63 / Chapter 13 / Section 63-13-103
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "ACOTE" means the Accreditation Council for Occupational Therapy Education, a nationally recognized accrediting agency for professional programs in the field of occupational therapy; (2) "AOTA" means the American Occupational Therapy Association; (3) "Board" means: (A) As used in part 2 of this chapter, the board of occupational therapy; and (B) As used in part 3 of this chapter, the board of physical therapy; (4) "Competence" is the application of knowledge, skills, and behaviors required to function effectively, safely, ethically, and legally within the context of the patient's role and environment; (5) "Division" means the division of health related boards of the department of health; (6) "Dry needling" means a skilled intervention that uses a thin filiform needle to penetrate the skin and stimulate underlying neural, muscular, and connective tissues for the management of neuromusculoskeletal conditions, pain, and movement impairments; (7) "NBCOT" means the National Board for Certification in Occupational Therapy; (8) "Occupational therapist" means a person licensed to engage in occupational therapy practice under this chapter; (9) "Occupational therapy assistant" means a person licensed to assist in occupational therapy practice under the supervision of an occupational therapist; (10) (A) "Occupational therapy practice" means the therapeutic use of everyday life activities (occupations) for the purpose of enabling individuals or groups to participate in roles and situations in home, school, workplace, community and other settings. Occupational therapy addresses the physical, cognitive, psychosocial and sensory aspects of performance in a variety of contexts to support engagement in occupations that affect health, well-being and quality of life. "Occupational therapy practice" includes, but is not limited to: (i) Screening, evaluation, assessment, planning, implementation, or discharge planning in order to determine an occupational therapy treatment diagnosis, prognosis, plan of therapeutic intervention, or discharge plan, or to assess the ongoing effect of intervention; (ii) Selection and administration of standardized and nonstandardized tests and measurements to evaluate factors affecting activities of daily living, instrumental activities of daily living, education, work, play, leisure and social participation, including: (a) Body functions and body structures; (b) Habits, routines, roles and behavior patterns; (c) Cultural, physical, environmental, social and spiritual context and activity demands that affect performance; and (d) Performance skills, including motor, process and communication/interaction skills; (iii) Methods or strategies selected to direct the process of interventions, such as: (a) Modification or adaptation of an activity or the environment to enhance performance; (b) Establishment, remediation or restoration of a skill or ability that has not yet developed or is impaired; (c) Maintenance and enhancement of capabilities without which performance in occupations would decline; (d) Health promotion and wellness to enable or enhance performance and safety of occupations; and (e) Prevention of barriers to performance, including disability prevention; (iv) Interventions and procedures to promote or enhance safety and performance in activities of daily living, instrumental activities of daily living, education, work, play, leisure and social participation, including: (a) Therapeutic use of occupations, exercises and activities; (b) Training in self-care, self-management, home management and community/work reintegration; (c) Development, remediation or compensation of physical, cognitive, neuromuscular and sensory functions and behavioral skills; (d) Therapeutic use of self, including an individual's personality, insights, perceptions and judgments as part of the therapeutic process; (e) Education and training of individuals, family members, caregivers and others; (f) Care coordination, case management, discharge planning and transition services; (g) Consulting services to groups, programs, organizations or communities; (h) Assessment, recommendations and training in techniques and equipment to enhance functional mobility, including wheelchair management; (i) Driver rehabilitation and community mobility; and (j) Management of feeding and eating skills to enable feeding and eating performance; (v) Management of occupational therapy services, including the planning, organizing, staffing, coordinating, directing or controlling of individuals and organizations; (vi) Providing instruction in occupational therapy to students in an accredited occupational therapy or occupational therapy assistant educational program by persons who are trained as occupational therapists or occupational therapy assistants; and (vii) Administration, interpretation and application of research to occupational therapy services; (B) Occupational therapy services are provided for the purpose of promoting health and wellness to those clients who have, or are at risk of developing, illness, injury, disease, disorder, impairment, disability, activity limitation or participation restriction and may include: (i) Training in the use of prosthetic devices; (ii) Assessment, design, development, fabrication, adaptation, application, fitting and training in the use of assistive technology and adaptive and selective orthotic devices; (iii) Application of physical agent modalities with proper training and certification; (iv) Assessment and application of ergonomic principles; (v) Adaptation or modification of environments, at home, work, school or community, and use of a range of therapeutic procedures, such as wound care management, techniques to enhance sensory, perceptual and cognitive processing and manual therapy techniques, to enhance performance skills, occupational performance or the promotion of health and wellness; and (vi) Practice of dry needling of the upper limb, with proper training and certification; (C) Occupational therapy practice may occur in a variety of settings, including, but not limited to: (i) Institutional inpatient settings, such as acute rehabilitation facilities, psychiatric hospitals, community and specialty hospitals, nursing facilities and prisons; (ii) Outpatient settings, such as clinics, medical offices and therapist offices; (iii) Home and community settings, such as homes, group homes, assisted living facilities, schools, early intervention centers, daycare centers, industrial and business facilities, hospices, sheltered workshops, wellness and fitness centers and community mental health facilities; (iv) Research facilities; (v) Educational institutions; and (vi) Telehealth, telemedicine, or provider-based telemedicine, as authorized by § 63-1-155 ; and (D) "Occupational therapy practice" includes specialized services provided by occupational therapists or occupational therapy assistants who are certified or trained in areas of specialization that include, but are not limited to, hand therapy, neurodevelopmental treatment, dry needling of the upper limb, sensory integration, pediatrics, geriatrics and neurorehabilitation, through programs approved by AOTA or other nationally recognized organizations; (11) "Occupations" means everyday life activities, named, organized and given value and meaning by individuals and their culture. "Occupations" includes everything that people do to occupy their time, including caring for their needs, enjoying life and contributing to the social and economic fabric of their communities; (12) "Onsite supervision" means the supervising physical therapist or physical therapist assistant must: (A) Be continuously onsite and present in the department or facility where assistive personnel are performing services; (B) Be immediately available to assist the person being supervised in the services being performed; and (C) Maintain continued involvement in appropriate aspects of each treatment session in which a component of treatment is delegated to assistive personnel; (13) "Physical therapist" or "physiotherapist" means a person who is licensed pursuant to this chapter to practice physical therapy; (14) "Physical therapist assistant" means a person who meets the requirements of this chapter for licensure as a physical therapist assistant and who performs physical therapy procedures and related tasks that have been selected and delegated only by the supervising physical therapist; (15) "Physical therapy" means the care and services provided by or under the direction and supervision of a physical therapist who is licensed pursuant to this chapter; (16) "Physical therapy assistive personnel": (A) "Other assistive personnel" means other trained or educated health care personnel not defined in subdivisions (14) and (16)(B), who perform specific designated tasks related to physical therapy under the supervision of a physical therapist. At the discretion of the supervising physical therapist, and if properly credentialed and not prohibited by any other law, "other assistive personnel" or "other support personnel" may be identified by the title specific to their training or education; and (B) "Physical therapy aide," inclusive of the terms "aide," "technician" and "transporter," means a person trained by and under the direction of a physical therapist who performs designated and supervised routine physical therapy tasks; (17) "Practice of physical therapy" means, whether by in-person encounter or via telehealth, telemedicine, or provider-based telemedicine, as authorized by § 63-1-155 , the following: (A) Examining, evaluating and testing individuals with mechanical, physiological and developmental impairments, functional limitations and disability or other health and movement-related conditions in order to determine a physical therapy treatment diagnosis, prognosis, a plan of therapeutic intervention and to assess the ongoing effect of intervention; (B) Alleviating impairments and functional limitations by designing, implementing, and modifying therapeutic interventions that include, but are not limited to, therapeutic exercise, functional training, manual therapy, therapeutic massage, assistive and adaptive orthotic, prosthetic, protective and supportive equipment, airway clearance techniques, debridement and wound care, physical agents or modalities, dry needling, mechanical and electrotherapeutic modalities and patient-related instruction; (C) Reducing the risk of injury, impairments, functional limitation and disability, including the promotion and maintenance of fitness, health and quality of life in all age populations; and (D) Engaging in administration, consultation, education and research; (18) "Restricted physical therapist assistant license" means a license on which the committee has placed any restrictions due to action imposed by the committee; (19) "Restricted physical therapy license" means a license on which the committee places restrictions or conditions, or both, as to scope of practice, place of practice, supervision of practice, duration of licensed status or type of condition of patient to whom the licensee may provide services; (20) "Supervision" of the physical therapist assistant means the supervising physical therapist will be readily available to the physical therapist assistant being supervised. When the physical therapist assistant is practicing in an offsite setting, the supervising physical therapist will be immediately accessible by telecommunications. Patient conferences will be regularly scheduled and documented and supervisory visits will be made as further outlined in the rules and regulations; (21) "Unlicensed person working in occupational therapy" means a person who performs specific supportive tasks related to occupational therapy practice under the direct supervision of an occupational therapist or an occupational therapy assistant and whose activities do not require professional or advanced training in the basic anatomical, biological, psychological and social sciences involved in the provision of occupational therapy services. Such persons are often referred to as aides, technicians, transporters or support staff; and (22) "Upper limb" means the hand, wrist, elbow, and shoulder girdle. Amended by 2021 Tenn. Acts, ch. 143, Secs.s 1, s 2, s 3, s 4, s 5, s 6 eff. 4/13/2021. Amended by 2020 Tenn. Acts, ch. 790, Secs.s 1, s 2 eff. 7/15/2020. Amended by 2015 Tenn. Acts, ch. 124, Secs.s 1, s 2 eff. 4/9/2015. Acts 1984, ch. 921, § 2; T.C.A., § 63-13-202 ; Acts 1988, ch. 824, §§ 1-4; 1988, ch. 1023, §§ 1, 2; 1991, ch. 245, §§ 1, 2; 1993, ch. 225, § 1; T.C.A., § 63-13-102 ; Acts 1999, ch. 415, § 1; 1999, ch. 528, § 4; 2006, ch. 765, § 1; 2007 , ch. 115, § 1.
As used in this chapter, unless the context otherwise requires:
(1) "ACOTE" means the Accreditation Council for Occupational Therapy Education, a nationally recognized accrediting agency for professional programs in the field of occupational therapy;
(2) "AOTA" means the American Occupational Therapy Association;
(3) "Board" means: (A) As used in part 2 of this chapter, the board of occupational therapy; and (B) As used in part 3 of this chapter, the board of physical therapy;
(A) As used in part 2 of this chapter, the board of occupational therapy; and
(B) As used in part 3 of this chapter, the board of physical therapy;
(4) "Competence" is the application of knowledge, skills, and behaviors required to function effectively, safely, ethically, and legally within the context of the patient's role and environment;
(5) "Division" means the division of health related boards of the department of health;
(6) "Dry needling" means a skilled intervention that uses a thin filiform needle to penetrate the skin and stimulate underlying neural, muscular, and connective tissues for the management of neuromusculoskeletal conditions, pain, and movement impairments;
(7) "NBCOT" means the National Board for Certification in Occupational Therapy;
(8) "Occupational therapist" means a person licensed to engage in occupational therapy practice under this chapter;
(9) "Occupational therapy assistant" means a person licensed to assist in occupational therapy practice under the supervision of an occupational therapist;
(10) (A) "Occupational therapy practice" means the therapeutic use of everyday life activities (occupations) for the purpose of enabling individuals or groups to participate in roles and situations in home, school, workplace, community and other settings. Occupational therapy addresses the physical, cognitive, psychosocial and sensory aspects of performance in a variety of contexts to support engagement in occupations that affect health, well-being and quality of life. "Occupational therapy practice" includes, but is not limited to: (i) Screening, evaluation, assessment, planning, implementation, or discharge planning in order to determine an occupational therapy treatment diagnosis, prognosis, plan of therapeutic intervention, or discharge plan, or to assess the ongoing effect of intervention; (ii) Selection and administration of standardized and nonstandardized tests and measurements to evaluate factors affecting activities of daily living, instrumental activities of daily living, education, work, play, leisure and social participation, including: (a) Body functions and body structures; (b) Habits, routines, roles and behavior patterns; (c) Cultural, physical, environmental, social and spiritual context and activity demands that affect performance; and (d) Performance skills, including motor, process and communication/interaction skills; (iii) Methods or strategies selected to direct the process of interventions, such as: (a) Modification or adaptation of an activity or the environment to enhance performance; (b) Establishment, remediation or restoration of a skill or ability that has not yet developed or is impaired; (c) Maintenance and enhancement of capabilities without which performance in occupations would decline; (d) Health promotion and wellness to enable or enhance performance and safety of occupations; and (e) Prevention of barriers to performance, including disability prevention; (iv) Interventions and procedures to promote or enhance safety and performance in activities of daily living, instrumental activities of daily living, education, work, play, leisure and social participation, including: (a) Therapeutic use of occupations, exercises and activities; (b) Training in self-care, self-management, home management and community/work reintegration; (c) Development, remediation or compensation of physical, cognitive, neuromuscular and sensory functions and behavioral skills; (d) Therapeutic use of self, including an individual's personality, insights, perceptions and judgments as part of the therapeutic process; (e) Education and training of individuals, family members, caregivers and others; (f) Care coordination, case management, discharge planning and transition services; (g) Consulting services to groups, programs, organizations or communities; (h) Assessment, recommendations and training in techniques and equipment to enhance functional mobility, including wheelchair management; (i) Driver rehabilitation and community mobility; and (j) Management of feeding and eating skills to enable feeding and eating performance; (v) Management of occupational therapy services, including the planning, organizing, staffing, coordinating, directing or controlling of individuals and organizations; (vi) Providing instruction in occupational therapy to students in an accredited occupational therapy or occupational therapy assistant educational program by persons who are trained as occupational therapists or occupational therapy assistants; and (vii) Administration, interpretation and application of research to occupational therapy services; (B) Occupational therapy services are provided for the purpose of promoting health and wellness to those clients who have, or are at risk of developing, illness, injury, disease, disorder, impairment, disability, activity limitation or participation restriction and may include: (i) Training in the use of prosthetic devices; (ii) Assessment, design, development, fabrication, adaptation, application, fitting and training in the use of assistive technology and adaptive and selective orthotic devices; (iii) Application of physical agent modalities with proper training and certification; (iv) Assessment and application of ergonomic principles; (v) Adaptation or modification of environments, at home, work, school or community, and use of a range of therapeutic procedures, such as wound care management, techniques to enhance sensory, perceptual and cognitive processing and manual therapy techniques, to enhance performance skills, occupational performance or the promotion of health and wellness; and (vi) Practice of dry needling of the upper limb, with proper training and certification; (C) Occupational therapy practice may occur in a variety of settings, including, but not limited to: (i) Institutional inpatient settings, such as acute rehabilitation facilities, psychiatric hospitals, community and specialty hospitals, nursing facilities and prisons; (ii) Outpatient settings, such as clinics, medical offices and therapist offices; (iii) Home and community settings, such as homes, group homes, assisted living facilities, schools, early intervention centers, daycare centers, industrial and business facilities, hospices, sheltered workshops, wellness and fitness centers and community mental health facilities; (iv) Research facilities; (v) Educational institutions; and (vi) Telehealth, telemedicine, or provider-based telemedicine, as authorized by § 63-1-155 ; and (D) "Occupational therapy practice" includes specialized services provided by occupational therapists or occupational therapy assistants who are certified or trained in areas of specialization that include, but are not limited to, hand therapy, neurodevelopmental treatment, dry needling of the upper limb, sensory integration, pediatrics, geriatrics and neurorehabilitation, through programs approved by AOTA or other nationally recognized organizations;
(A) "Occupational therapy practice" means the therapeutic use of everyday life activities (occupations) for the purpose of enabling individuals or groups to participate in roles and situations in home, school, workplace, community and other settings. Occupational therapy addresses the physical, cognitive, psychosocial and sensory aspects of performance in a variety of contexts to support engagement in occupations that affect health, well-being and quality of life. "Occupational therapy practice" includes, but is not limited to: (i) Screening, evaluation, assessment, planning, implementation, or discharge planning in order to determine an occupational therapy treatment diagnosis, prognosis, plan of therapeutic intervention, or discharge plan, or to assess the ongoing effect of intervention; (ii) Selection and administration of standardized and nonstandardized tests and measurements to evaluate factors affecting activities of daily living, instrumental activities of daily living, education, work, play, leisure and social participation, including: (a) Body functions and body structures; (b) Habits, routines, roles and behavior patterns; (c) Cultural, physical, environmental, social and spiritual context and activity demands that affect performance; and (d) Performance skills, including motor, process and communication/interaction skills; (iii) Methods or strategies selected to direct the process of interventions, such as: (a) Modification or adaptation of an activity or the environment to enhance performance; (b) Establishment, remediation or restoration of a skill or ability that has not yet developed or is impaired; (c) Maintenance and enhancement of capabilities without which performance in occupations would decline; (d) Health promotion and wellness to enable or enhance performance and safety of occupations; and (e) Prevention of barriers to performance, including disability prevention; (iv) Interventions and procedures to promote or enhance safety and performance in activities of daily living, instrumental activities of daily living, education, work, play, leisure and social participation, including: (a) Therapeutic use of occupations, exercises and activities; (b) Training in self-care, self-management, home management and community/work reintegration; (c) Development, remediation or compensation of physical, cognitive, neuromuscular and sensory functions and behavioral skills; (d) Therapeutic use of self, including an individual's personality, insights, perceptions and judgments as part of the therapeutic process; (e) Education and training of individuals, family members, caregivers and others; (f) Care coordination, case management, discharge planning and transition services; (g) Consulting services to groups, programs, organizations or communities; (h) Assessment, recommendations and training in techniques and equipment to enhance functional mobility, including wheelchair management; (i) Driver rehabilitation and community mobility; and (j) Management of feeding and eating skills to enable feeding and eating performance; (v) Management of occupational therapy services, including the planning, organizing, staffing, coordinating, directing or controlling of individuals and organizations; (vi) Providing instruction in occupational therapy to students in an accredited occupational therapy or occupational therapy assistant educational program by persons who are trained as occupational therapists or occupational therapy assistants; and (vii) Administration, interpretation and application of research to occupational therapy services;
(i) Screening, evaluation, assessment, planning, implementation, or discharge planning in order to determine an occupational therapy treatment diagnosis, prognosis, plan of therapeutic intervention, or discharge plan, or to assess the ongoing effect of intervention;
(ii) Selection and administration of standardized and nonstandardized tests and measurements to evaluate factors affecting activities of daily living, instrumental activities of daily living, education, work, play, leisure and social participation, including: (a) Body functions and body structures; (b) Habits, routines, roles and behavior patterns; (c) Cultural, physical, environmental, social and spiritual context and activity demands that affect performance; and (d) Performance skills, including motor, process and communication/interaction skills;
(a) Body functions and body structures;
(b) Habits, routines, roles and behavior patterns;
(c) Cultural, physical, environmental, social and spiritual context and activity demands that affect performance; and
(d) Performance skills, including motor, process and communication/interaction skills;
(iii) Methods or strategies selected to direct the process of interventions, such as: (a) Modification or adaptation of an activity or the environment to enhance performance; (b) Establishment, remediation or restoration of a skill or ability that has not yet developed or is impaired; (c) Maintenance and enhancement of capabilities without which performance in occupations would decline; (d) Health promotion and wellness to enable or enhance performance and safety of occupations; and (e) Prevention of barriers to performance, including disability prevention;
(a) Modification or adaptation of an activity or the environment to enhance performance;
(b) Establishment, remediation or restoration of a skill or ability that has not yet developed or is impaired;
(c) Maintenance and enhancement of capabilities without which performance in occupations would decline;
(d) Health promotion and wellness to enable or enhance performance and safety of occupations; and
(e) Prevention of barriers to performance, including disability prevention;
(iv) Interventions and procedures to promote or enhance safety and performance in activities of daily living, instrumental activities of daily living, education, work, play, leisure and social participation, including: (a) Therapeutic use of occupations, exercises and activities; (b) Training in self-care, self-management, home management and community/work reintegration; (c) Development, remediation or compensation of physical, cognitive, neuromuscular and sensory functions and behavioral skills; (d) Therapeutic use of self, including an individual's personality, insights, perceptions and judgments as part of the therapeutic process; (e) Education and training of individuals, family members, caregivers and others; (f) Care coordination, case management, discharge planning and transition services; (g) Consulting services to groups, programs, organizations or communities; (h) Assessment, recommendations and training in techniques and equipment to enhance functional mobility, including wheelchair management; (i) Driver rehabilitation and community mobility; and (j) Management of feeding and eating skills to enable feeding and eating performance;
(a) Therapeutic use of occupations, exercises and activities;
(b) Training in self-care, self-management, home management and community/work reintegration;
(c) Development, remediation or compensation of physical, cognitive, neuromuscular and sensory functions and behavioral skills;
(d) Therapeutic use of self, including an individual's personality, insights, perceptions and judgments as part of the therapeutic process;
(e) Education and training of individuals, family members, caregivers and others;
(f) Care coordination, case management, discharge planning and transition services;
(g) Consulting services to groups, programs, organizations or communities;
(h) Assessment, recommendations and training in techniques and equipment to enhance functional mobility, including wheelchair management;
(i) Driver rehabilitation and community mobility; and
(j) Management of feeding and eating skills to enable feeding and eating performance;
(v) Management of occupational therapy services, including the planning, organizing, staffing, coordinating, directing or controlling of individuals and organizations;
(vi) Providing instruction in occupational therapy to students in an accredited occupational therapy or occupational therapy assistant educational program by persons who are trained as occupational therapists or occupational therapy assistants; and
(vii) Administration, interpretation and application of research to occupational therapy services;
(B) Occupational therapy services are provided for the purpose of promoting health and wellness to those clients who have, or are at risk of developing, illness, injury, disease, disorder, impairment, disability, activity limitation or participation restriction and may include: (i) Training in the use of prosthetic devices; (ii) Assessment, design, development, fabrication, adaptation, application, fitting and training in the use of assistive technology and adaptive and selective orthotic devices; (iii) Application of physical agent modalities with proper training and certification; (iv) Assessment and application of ergonomic principles; (v) Adaptation or modification of environments, at home, work, school or community, and use of a range of therapeutic procedures, such as wound care management, techniques to enhance sensory, perceptual and cognitive processing and manual therapy techniques, to enhance performance skills, occupational performance or the promotion of health and wellness; and (vi) Practice of dry needling of the upper limb, with proper training and certification;
(i) Training in the use of prosthetic devices;
(ii) Assessment, design, development, fabrication, adaptation, application, fitting and training in the use of assistive technology and adaptive and selective orthotic devices;
(iii) Application of physical agent modalities with proper training and certification;
(iv) Assessment and application of ergonomic principles;
(v) Adaptation or modification of environments, at home, work, school or community, and use of a range of therapeutic procedures, such as wound care management, techniques to enhance sensory, perceptual and cognitive processing and manual therapy techniques, to enhance performance skills, occupational performance or the promotion of health and wellness; and
(vi) Practice of dry needling of the upper limb, with proper training and certification;
(C) Occupational therapy practice may occur in a variety of settings, including, but not limited to: (i) Institutional inpatient settings, such as acute rehabilitation facilities, psychiatric hospitals, community and specialty hospitals, nursing facilities and prisons; (ii) Outpatient settings, such as clinics, medical offices and therapist offices; (iii) Home and community settings, such as homes, group homes, assisted living facilities, schools, early intervention centers, daycare centers, industrial and business facilities, hospices, sheltered workshops, wellness and fitness centers and community mental health facilities; (iv) Research facilities; (v) Educational institutions; and (vi) Telehealth, telemedicine, or provider-based telemedicine, as authorized by § 63-1-155 ; and
(i) Institutional inpatient settings, such as acute rehabilitation facilities, psychiatric hospitals, community and specialty hospitals, nursing facilities and prisons;
(ii) Outpatient settings, such as clinics, medical offices and therapist offices;
(iii) Home and community settings, such as homes, group homes, assisted living facilities, schools, early intervention centers, daycare centers, industrial and business facilities, hospices, sheltered workshops, wellness and fitness centers and community mental health facilities;
(iv) Research facilities;
(v) Educational institutions; and
(vi) Telehealth, telemedicine, or provider-based telemedicine, as authorized by § 63-1-155 ; and
(D) "Occupational therapy practice" includes specialized services provided by occupational therapists or occupational therapy assistants who are certified or trained in areas of specialization that include, but are not limited to, hand therapy, neurodevelopmental treatment, dry needling of the upper limb, sensory integration, pediatrics, geriatrics and neurorehabilitation, through programs approved by AOTA or other nationally recognized organizations;
(11) "Occupations" means everyday life activities, named, organized and given value and meaning by individuals and their culture. "Occupations" includes everything that people do to occupy their time, including caring for their needs, enjoying life and contributing to the social and economic fabric of their communities;
(12) "Onsite supervision" means the supervising physical therapist or physical therapist assistant must: (A) Be continuously onsite and present in the department or facility where assistive personnel are performing services; (B) Be immediately available to assist the person being supervised in the services being performed; and (C) Maintain continued involvement in appropriate aspects of each treatment session in which a component of treatment is delegated to assistive personnel;
(A) Be continuously onsite and present in the department or facility where assistive personnel are performing services;
(B) Be immediately available to assist the person being supervised in the services being performed; and
(C) Maintain continued involvement in appropriate aspects of each treatment session in which a component of treatment is delegated to assistive personnel;
(13) "Physical therapist" or "physiotherapist" means a person who is licensed pursuant to this chapter to practice physical therapy;
(14) "Physical therapist assistant" means a person who meets the requirements of this chapter for licensure as a physical therapist assistant and who performs physical therapy procedures and related tasks that have been selected and delegated only by the supervising physical therapist;
(15) "Physical therapy" means the care and services provided by or under the direction and supervision of a physical therapist who is licensed pursuant to this chapter;
(16) "Physical therapy assistive personnel": (A) "Other assistive personnel" means other trained or educated health care personnel not defined in subdivisions (14) and (16)(B), who perform specific designated tasks related to physical therapy under the supervision of a physical therapist. At the discretion of the supervising physical therapist, and if properly credentialed and not prohibited by any other law, "other assistive personnel" or "other support personnel" may be identified by the title specific to their training or education; and (B) "Physical therapy aide," inclusive of the terms "aide," "technician" and "transporter," means a person trained by and under the direction of a physical therapist who performs designated and supervised routine physical therapy tasks;
(A) "Other assistive personnel" means other trained or educated health care personnel not defined in subdivisions (14) and (16)(B), who perform specific designated tasks related to physical therapy under the supervision of a physical therapist. At the discretion of the supervising physical therapist, and if properly credentialed and not prohibited by any other law, "other assistive personnel" or "other support personnel" may be identified by the title specific to their training or education; and
(B) "Physical therapy aide," inclusive of the terms "aide," "technician" and "transporter," means a person trained by and under the direction of a physical therapist who performs designated and supervised routine physical therapy tasks;
(17) "Practice of physical therapy" means, whether by in-person encounter or via telehealth, telemedicine, or provider-based telemedicine, as authorized by § 63-1-155 , the following: (A) Examining, evaluating and testing individuals with mechanical, physiological and developmental impairments, functional limitations and disability or other health and movement-related conditions in order to determine a physical therapy treatment diagnosis, prognosis, a plan of therapeutic intervention and to assess the ongoing effect of intervention; (B) Alleviating impairments and functional limitations by designing, implementing, and modifying therapeutic interventions that include, but are not limited to, therapeutic exercise, functional training, manual therapy, therapeutic massage, assistive and adaptive orthotic, prosthetic, protective and supportive equipment, airway clearance techniques, debridement and wound care, physical agents or modalities, dry needling, mechanical and electrotherapeutic modalities and patient-related instruction; (C) Reducing the risk of injury, impairments, functional limitation and disability, including the promotion and maintenance of fitness, health and quality of life in all age populations; and (D) Engaging in administration, consultation, education and research;
(A) Examining, evaluating and testing individuals with mechanical, physiological and developmental impairments, functional limitations and disability or other health and movement-related conditions in order to determine a physical therapy treatment diagnosis, prognosis, a plan of therapeutic intervention and to assess the ongoing effect of intervention;
(B) Alleviating impairments and functional limitations by designing, implementing, and modifying therapeutic interventions that include, but are not limited to, therapeutic exercise, functional training, manual therapy, therapeutic massage, assistive and adaptive orthotic, prosthetic, protective and supportive equipment, airway clearance techniques, debridement and wound care, physical agents or modalities, dry needling, mechanical and electrotherapeutic modalities and patient-related instruction;
(C) Reducing the risk of injury, impairments, functional limitation and disability, including the promotion and maintenance of fitness, health and quality of life in all age populations; and
(D) Engaging in administration, consultation, education and research;
(18) "Restricted physical therapist assistant license" means a license on which the committee has placed any restrictions due to action imposed by the committee;
(19) "Restricted physical therapy license" means a license on which the committee places restrictions or conditions, or both, as to scope of practice, place of practice, supervision of practice, duration of licensed status or type of condition of patient to whom the licensee may provide services;
(20) "Supervision" of the physical therapist assistant means the supervising physical therapist will be readily available to the physical therapist assistant being supervised. When the physical therapist assistant is practicing in an offsite setting, the supervising physical therapist will be immediately accessible by telecommunications. Patient conferences will be regularly scheduled and documented and supervisory visits will be made as further outlined in the rules and regulations;
(21) "Unlicensed person working in occupational therapy" means a person who performs specific supportive tasks related to occupational therapy practice under the direct supervision of an occupational therapist or an occupational therapy assistant and whose activities do not require professional or advanced training in the basic anatomical, biological, psychological and social sciences involved in the provision of occupational therapy services. Such persons are often referred to as aides, technicians, transporters or support staff; and
(22) "Upper limb" means the hand, wrist, elbow, and shoulder girdle.
Amended by 2021 Tenn. Acts, ch. 143, Secs.s 1, s 2, s 3, s 4, s 5, s 6 eff. 4/13/2021.
Amended by 2020 Tenn. Acts, ch. 790, Secs.s 1, s 2 eff. 7/15/2020.
Amended by 2015 Tenn. Acts, ch. 124, Secs.s 1, s 2 eff. 4/9/2015.
Acts 1984, ch. 921, § 2; T.C.A., § 63-13-202 ; Acts 1988, ch. 824, §§ 1-4; 1988, ch. 1023, §§ 1, 2; 1991, ch. 245, §§ 1, 2; 1993, ch. 225, § 1; T.C.A., § 63-13-102 ; Acts 1999, ch. 415, § 1; 1999, ch. 528, § 4; 2006, ch. 765, § 1; 2007 , ch. 115, § 1.
Tenn. Code Ann. § 63-11-409 — TN Code / Title 63 / Chapter 11 / Section 63-11-409
Practice with centers - Private outpatient independent practice
Status: in_force

(a) A licensed professional art therapist may practice independently for and with organizations that include, but are not limited to, addiction and rehabilitation centers, art studios and centers, behavioral health hospitals and outpatient settings, cancer treatment centers, community centers, community services boards, correctional facilities, disability services, eating disorder clinics, government agencies, medical hospitals and outpatient settings, military bases and veterans and family services, museums, nonprofits, nursing homes, physical rehabilitation, residential treatment centers, schools, senior living facilities, state programs, and wellness centers. (b) Until the advisory committee promulgates rules to establish the requirements for private outpatient independent practice by a licensed professional art therapist, a licensed professional art therapist may only work in a private, outpatient independent setting if the patient is referred to the therapist by: (1) A physician licensed under chapter 6 or 9 of this title; (2) A psychologist licensed under this chapter; (3) A professional counselor licensed under chapter 22 of this title; (4) A professional counselor designated as a mental health service provider under chapter 22 of this title; (5) A marital and family therapist licensed under chapter 22 of this title; (6) A pastoral counselor licensed under chapter 22 of this title; (7) A licensed master's social worker licensed under chapter 23 of this title; (8) A licensed clinical social worker licensed under chapter 23 of this title; or (9) Another advanced medical or mental health professional licensed under this title, as determined by the board. Added by 2021 Tenn. Acts, ch. 160, s 2, eff. 7/1/2022.
(a) A licensed professional art therapist may practice independently for and with organizations that include, but are not limited to, addiction and rehabilitation centers, art studios and centers, behavioral health hospitals and outpatient settings, cancer treatment centers, community centers, community services boards, correctional facilities, disability services, eating disorder clinics, government agencies, medical hospitals and outpatient settings, military bases and veterans and family services, museums, nonprofits, nursing homes, physical rehabilitation, residential treatment centers, schools, senior living facilities, state programs, and wellness centers.
(b) Until the advisory committee promulgates rules to establish the requirements for private outpatient independent practice by a licensed professional art therapist, a licensed professional art therapist may only work in a private, outpatient independent setting if the patient is referred to the therapist by: (1) A physician licensed under chapter 6 or 9 of this title; (2) A psychologist licensed under this chapter; (3) A professional counselor licensed under chapter 22 of this title; (4) A professional counselor designated as a mental health service provider under chapter 22 of this title; (5) A marital and family therapist licensed under chapter 22 of this title; (6) A pastoral counselor licensed under chapter 22 of this title; (7) A licensed master's social worker licensed under chapter 23 of this title; (8) A licensed clinical social worker licensed under chapter 23 of this title; or (9) Another advanced medical or mental health professional licensed under this title, as determined by the board.
(1) A physician licensed under chapter 6 or 9 of this title;
(2) A psychologist licensed under this chapter;
(3) A professional counselor licensed under chapter 22 of this title;
(4) A professional counselor designated as a mental health service provider under chapter 22 of this title;
(5) A marital and family therapist licensed under chapter 22 of this title;
(6) A pastoral counselor licensed under chapter 22 of this title;
(7) A licensed master's social worker licensed under chapter 23 of this title;
(8) A licensed clinical social worker licensed under chapter 23 of this title; or
(9) Another advanced medical or mental health professional licensed under this title, as determined by the board.
Added by 2021 Tenn. Acts, ch. 160, s 2, eff. 7/1/2022.
Tenn. Code Ann. § 63-19-106 — TN Code / Title 63 / Chapter 19 / Section 63-19-106
Authorized services - Practice protocols for non-endorsed physician assistants - Endorsed physician assistants - Collaboration agreement requirements - Standard of care - Promulgation of rules
Status: in_force

(a) A physician assistant is authorized to: (1) Perform medical diagnosis and treatment as a physician assistant pursuant either to a protocol or collaborative agreement, as applicable, for which the physician assistant has been prepared by education, training, and experience, and that the physician assistant is competent to perform only if licensed by the board and only within the usual scope of practice of the collaborating physician; (2) Perform minor surgical procedures, including, but not limited to: (A) Simple laceration or surgery repair; (B) Excision of skin lesions, moles, warts, cysts, or lipomas; (C) Incision and draining of superficial abscesses; (D) Skin biopsies; (E) Arthrocentesis; (F) Thoracentesis; (G) Paracentesis; (H) Endometrial biopsies; (I) IUD insertion; and (J) Colposcopy; (3) Assist a physician who performs procedures considered Level II office-based surgery or Level III office-based surgery, as those are defined in §§ 63-6-221 and 63-9-117 , or a more complex procedure; provided, that: (A) The physician assistant is credentialed or receives privileges from the medical staff of the facility to assist a physician with enumerated procedures; (B) The physician performing the procedure is credentialed or privileged to perform the procedure by the medical staff of the facility; and (C) The physician is present or immediately available for consultation with the physician assistant during and after the procedure; (4) Issue drugs authorized by law pursuant to protocols or collaborative agreement, and as applicable: (A) Prescribe, dispense, order, administer, and procure appropriate medical devices, legend drugs, and controlled substances that are within the physician assistant's scope of practice if the physician assistant has registered and complied with all applicable requirements of state law and rule and the federal drug enforcement administration; and (B) Only prescribe or issue a Schedule II or Schedule III opioid for a maximum of a nonrefillable, thirty-day course of treatment. This subdivision (a)(4)(B) does not apply to a prescription issued in a hospital, a nursing home licensed under title 68, or an inpatient facility licensed under title 33; (5) Unless a physician assistant's protocols or collaborative agreement indicate otherwise, plan and initiate a therapeutic regimen that includes ordering and prescribing non-pharmacological interventions, including: (A) Durable medical equipment; (B) Nutrition; (C) Blood and blood products; and (D) Diagnostic support services that include, but are not limited to, home health care, hospice, and physical and occupational therapy; and (6) Complete, sign, and file medical certifications of death pursuant to § 68-3-502 , if authorized to do so in the physician assistant's protocol or collaborative agreement. (b) (1) A physician assistant who has not received endorsement from the board of physician assistants shall practice under protocols jointly developed by the collaborating physician and the physician assistant. (2) The physician assistant shall maintain a copy of the protocols either on paper or electronically at each of the physician assistant's practice locations and shall make the protocols available upon request by the board of physician assistants, the licensing board of the collaborating physician, or an authorized agent thereof. (3) The protocols must set forth the range of services that may be provided by the physician assistant and must also contain a discussion of the problems and conditions likely to be encountered by the physician assistant and the appropriate treatment for such problems and conditions. (4) Physician assistant practice under protocols requires active and continuous overview of the physician assistant's activities to ensure that the physician's directions and advice are implemented, but does not require the continuous and constant physical presence of the collaborating physician. (5) A physician assistant may perform only those tasks that are within the physician assistant's range of skills and competence, that are within the usual scope of practice of the collaborating physician, and that are consistent with the protection of the health and well-being of the patients. (6) Protocols must also include, at a minimum, the following: (A) The physician assistant's name, license number, and primary practice location; (B) The collaborating physician's name, license number, medical specialty, and primary practice location; (C) A general description of the oversight of the physician assistant by the collaborating physician; (D) A general description of the physician assistant's process for collaboration with physicians and other members of the healthcare team; (E) A process by which one hundred percent (100%) of patient charts are reviewed by the collaborating physician within ten (10) days when a prescription for a controlled drug is issued by the physician assistant; (F) A process by which at least twenty percent (20%) of the physician assistant's patient charts are reviewed by the collaborating physician every thirty (30) days; (G) If the physician assistant changes practice settings to practice in a new medical specialty, a description of a process by which the patient medical charts prepared by the physician assistant described in subdivisions (b)(6)(E) and (F) are reviewed by the collaborating physician for a minimum of six (6) months or until the physician assistant becomes eligible for endorsement, whichever period is longer; (H) If the physician assistant practices in a remote location site from the collaborating physician's practice site, that the collaborating physician shall conduct a remote site visit at least every thirty (30) days as provided in § 63-19-107 ; (I) That the physician assistant collaborates with, consults with, or refers to, the collaborating physician or appropriate healthcare professional as indicated by the patient's condition and the applicable standard of care when a patient presents with a condition that is outside of the competence, scope of practice, or experience of the physician assistant or collaborating physician; and (J) Designation of one (1) or more alternative physicians for consultation in situations in which the collaborating physician is not available for consultation. (c) (1) A physician assistant who has received an endorsement from the board shall have a collaborative agreement with a physician. (2) The physician assistant shall maintain a copy of the collaborative agreement either on paper or electronically at each of the physician assistant's practice locations and make the collaborative agreement available upon request by the board of physician assistants, the licensing board of the collaborating physician, or an authorized agent of such boards. (3) To be eligible to receive endorsement from the board, a physician assistant must, at a minimum, have six thousand (6,000) hours of documented postgraduate clinical experience, have a physician willing to enter into a collaborative agreement with the physician assistant, and meet such other requirements as set forth in rules promulgated by the board. A physician assistant with six thousand (6,000) hours or more of documented postgraduate clinical experience shall not practice pursuant to the requirements in this chapter or rules promulgated thereto for endorsed physician assistants without first receiving endorsement by the board. This chapter does not require a physician assistant to become endorsed by the board. Unless a physician assistant has received an endorsement from the board, the requirements of subsection (b) apply. (d) Collaborative agreements governing physician assistants who have six thousand (6,000) or more hours of documented postgraduate clinical experience and are endorsed by the board must include, at a minimum, the following: (1) The physician assistant's name, license number, and primary practice location; (2) The collaborating physician's name, license number, medical specialty, and primary practice location; (3) That the physician assistant performs only those services that are within the physician assistant's competence, knowledge, and skills that are within the usual scope of practice of the collaborating physician, and that are consistent with the protection of the health and well-being of patients; (4) A process by which one hundred percent (100%) of patient charts are reviewed by the collaborating physician within thirty (30) days when a prescription for any drug containing buprenorphine for use in recovery or medication treatment or a Schedule II controlled drug is issued by the physician assistant; (5) That if the physician assistant changes practice settings to practice in a new medical specialty, a description of a process by which a sample of patient medical charts prepared by the physician assistant are reviewed by the collaborating physician, or a physician designated by the collaborating physician, for a minimum of six (6) months; (6) That the physician assistant collaborates with, consults with, or refers to the collaborating physician or appropriate healthcare professional as indicated by the patient's condition and the applicable standard of care; (7) Methods of communication between the physician assistant and collaborating physician; and (8) Requirements of patient chart review and remote site visits, if any, established at the practice level and commensurate with the level of training, experience, and competence of the physician assistant within the expected scope of practice of the physician assistant. (e) A physician assistant practicing in collaboration with a licensed podiatrist, in addition to meeting the requirements of this chapter: (1) Shall not provide services that are outside the scope of practice of a podiatrist as set forth in § 63-3-101 ; (2) Shall comply with the requirements of, and rules adopted pursuant to, this section and § 63-19-107 governing the collaboration with a physician assistant; and (3) May only prescribe drugs that are rational to the practice of podiatry. (f) A physician assistant may render emergency medical services in cases where immediate diagnosis and treatment are necessary to avoid patient death or disability. (g) The standard of care for a physician assistant is the same standard of care as applicable to a physician who performs the same service. (h) (1) The initial rules governing the collaborative agreements of physician assistants with physicians licensed under chapter 3, 6, or 9 of this title must be established and promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, by a task force composed of: (A) One (1) member from the board of medical examiners; (B) One (1) member from the board of osteopathic examination; (C) One (1) member from the board of podiatric medical examiners; and (D) Three (3) members from the board of physician assistants. (2) The task force must create uniform rules governing the collaboration of physician assistants with physicians licensed under chapter 3, 6, or 9 pursuant to this section, which are binding on each board listed in subdivision (h)(1). (3) The rules created by the task force must create standard procedures to determine the responsibility for the review of patient medical charts. (4) Each board listed in subdivision (h)(1) shall select and appoint by a majority vote of its members a board member to serve on the task force before September 1, 2024. (5) The task force shall select and appoint a member to serve as chair of the task force. (6) A majority of the task force constitutes a quorum, and a majority vote of the task force members present is required for any action. (7) Notwithstanding the Uniform Administrative Procedures Act to the contrary, the task force shall hear public comment at any required hearing on behalf of all boards listed in subdivision (h)(1) when a hearing is required. The task force is authorized to vote to promulgate the rules governing the collaboration of physician assistants with physicians licensed under chapter 3, 6, or 9 for each board listed in subdivision (h)(1). (8) The task force shall terminate upon the effective date of a permanent rule establishing collaboration pursuant to this section. All future rules regarding collaboration pursuant to this section after the termination of the task force must be adopted jointly by each relevant board in subdivision (h)(1). (9) This part does not prohibit the licensing boards listed in subdivision (h)(1) from promulgating additional rules regarding the licensees of such boards. Amended by 2024 Tenn. Acts, ch. 1042,s 2, eff. upon promulgation of rules governing the collaborative agreements of physician assistants with physicians; see T.C.A. § 63-19-106(h)(1). Amended by 2021 Tenn. Acts, ch. 565, s 6, eff. 5/26/2021. Amended by 2018 Tenn. Acts, ch. 610, Secs.s 6, s 7, s 8, s 9, s 10, s 11, s 12, s 13 eff. 7/1/2018. Amended by 2018 Tenn. Acts, ch. 610, s 5, eff. 7/1/2018. Amended by 2016 Tenn. Acts, ch. 946, s 4, eff. 4/27/2016. Amended by 2015 Tenn. Acts, ch. 189, s 1, eff. 7/1/2015. Acts 1985, ch. 376, § 1; T.C.A., § 63-19-206 ; Acts 1994, ch. 722, § 1; 1995, ch. 358, § 2; 1996, ch. 659, § 3; 1998, ch. 842, § 4; 1999, ch. 33, § 1.
(a) A physician assistant is authorized to: (1) Perform medical diagnosis and treatment as a physician assistant pursuant either to a protocol or collaborative agreement, as applicable, for which the physician assistant has been prepared by education, training, and experience, and that the physician assistant is competent to perform only if licensed by the board and only within the usual scope of practice of the collaborating physician; (2) Perform minor surgical procedures, including, but not limited to: (A) Simple laceration or surgery repair; (B) Excision of skin lesions, moles, warts, cysts, or lipomas; (C) Incision and draining of superficial abscesses; (D) Skin biopsies; (E) Arthrocentesis; (F) Thoracentesis; (G) Paracentesis; (H) Endometrial biopsies; (I) IUD insertion; and (J) Colposcopy; (3) Assist a physician who performs procedures considered Level II office-based surgery or Level III office-based surgery, as those are defined in §§ 63-6-221 and 63-9-117 , or a more complex procedure; provided, that: (A) The physician assistant is credentialed or receives privileges from the medical staff of the facility to assist a physician with enumerated procedures; (B) The physician performing the procedure is credentialed or privileged to perform the procedure by the medical staff of the facility; and (C) The physician is present or immediately available for consultation with the physician assistant during and after the procedure; (4) Issue drugs authorized by law pursuant to protocols or collaborative agreement, and as applicable: (A) Prescribe, dispense, order, administer, and procure appropriate medical devices, legend drugs, and controlled substances that are within the physician assistant's scope of practice if the physician assistant has registered and complied with all applicable requirements of state law and rule and the federal drug enforcement administration; and (B) Only prescribe or issue a Schedule II or Schedule III opioid for a maximum of a nonrefillable, thirty-day course of treatment. This subdivision (a)(4)(B) does not apply to a prescription issued in a hospital, a nursing home licensed under title 68, or an inpatient facility licensed under title 33; (5) Unless a physician assistant's protocols or collaborative agreement indicate otherwise, plan and initiate a therapeutic regimen that includes ordering and prescribing non-pharmacological interventions, including: (A) Durable medical equipment; (B) Nutrition; (C) Blood and blood products; and (D) Diagnostic support services that include, but are not limited to, home health care, hospice, and physical and occupational therapy; and (6) Complete, sign, and file medical certifications of death pursuant to § 68-3-502 , if authorized to do so in the physician assistant's protocol or collaborative agreement.
(1) Perform medical diagnosis and treatment as a physician assistant pursuant either to a protocol or collaborative agreement, as applicable, for which the physician assistant has been prepared by education, training, and experience, and that the physician assistant is competent to perform only if licensed by the board and only within the usual scope of practice of the collaborating physician;
(2) Perform minor surgical procedures, including, but not limited to: (A) Simple laceration or surgery repair; (B) Excision of skin lesions, moles, warts, cysts, or lipomas; (C) Incision and draining of superficial abscesses; (D) Skin biopsies; (E) Arthrocentesis; (F) Thoracentesis; (G) Paracentesis; (H) Endometrial biopsies; (I) IUD insertion; and (J) Colposcopy;
(A) Simple laceration or surgery repair;
(B) Excision of skin lesions, moles, warts, cysts, or lipomas;
(C) Incision and draining of superficial abscesses;
(D) Skin biopsies;
(E) Arthrocentesis;
(F) Thoracentesis;
(G) Paracentesis;
(H) Endometrial biopsies;
(I) IUD insertion; and
(J) Colposcopy;
(3) Assist a physician who performs procedures considered Level II office-based surgery or Level III office-based surgery, as those are defined in §§ 63-6-221 and 63-9-117 , or a more complex procedure; provided, that: (A) The physician assistant is credentialed or receives privileges from the medical staff of the facility to assist a physician with enumerated procedures; (B) The physician performing the procedure is credentialed or privileged to perform the procedure by the medical staff of the facility; and (C) The physician is present or immediately available for consultation with the physician assistant during and after the procedure;
(A) The physician assistant is credentialed or receives privileges from the medical staff of the facility to assist a physician with enumerated procedures;
(B) The physician performing the procedure is credentialed or privileged to perform the procedure by the medical staff of the facility; and
(C) The physician is present or immediately available for consultation with the physician assistant during and after the procedure;
(4) Issue drugs authorized by law pursuant to protocols or collaborative agreement, and as applicable: (A) Prescribe, dispense, order, administer, and procure appropriate medical devices, legend drugs, and controlled substances that are within the physician assistant's scope of practice if the physician assistant has registered and complied with all applicable requirements of state law and rule and the federal drug enforcement administration; and (B) Only prescribe or issue a Schedule II or Schedule III opioid for a maximum of a nonrefillable, thirty-day course of treatment. This subdivision (a)(4)(B) does not apply to a prescription issued in a hospital, a nursing home licensed under title 68, or an inpatient facility licensed under title 33;
(A) Prescribe, dispense, order, administer, and procure appropriate medical devices, legend drugs, and controlled substances that are within the physician assistant's scope of practice if the physician assistant has registered and complied with all applicable requirements of state law and rule and the federal drug enforcement administration; and
(B) Only prescribe or issue a Schedule II or Schedule III opioid for a maximum of a nonrefillable, thirty-day course of treatment. This subdivision (a)(4)(B) does not apply to a prescription issued in a hospital, a nursing home licensed under title 68, or an inpatient facility licensed under title 33;
(5) Unless a physician assistant's protocols or collaborative agreement indicate otherwise, plan and initiate a therapeutic regimen that includes ordering and prescribing non-pharmacological interventions, including: (A) Durable medical equipment; (B) Nutrition; (C) Blood and blood products; and (D) Diagnostic support services that include, but are not limited to, home health care, hospice, and physical and occupational therapy; and
(A) Durable medical equipment;
(B) Nutrition;
(C) Blood and blood products; and
(D) Diagnostic support services that include, but are not limited to, home health care, hospice, and physical and occupational therapy; and
(6) Complete, sign, and file medical certifications of death pursuant to § 68-3-502 , if authorized to do so in the physician assistant's protocol or collaborative agreement.
(b) (1) A physician assistant who has not received endorsement from the board of physician assistants shall practice under protocols jointly developed by the collaborating physician and the physician assistant. (2) The physician assistant shall maintain a copy of the protocols either on paper or electronically at each of the physician assistant's practice locations and shall make the protocols available upon request by the board of physician assistants, the licensing board of the collaborating physician, or an authorized agent thereof. (3) The protocols must set forth the range of services that may be provided by the physician assistant and must also contain a discussion of the problems and conditions likely to be encountered by the physician assistant and the appropriate treatment for such problems and conditions. (4) Physician assistant practice under protocols requires active and continuous overview of the physician assistant's activities to ensure that the physician's directions and advice are implemented, but does not require the continuous and constant physical presence of the collaborating physician. (5) A physician assistant may perform only those tasks that are within the physician assistant's range of skills and competence, that are within the usual scope of practice of the collaborating physician, and that are consistent with the protection of the health and well-being of the patients. (6) Protocols must also include, at a minimum, the following: (A) The physician assistant's name, license number, and primary practice location; (B) The collaborating physician's name, license number, medical specialty, and primary practice location; (C) A general description of the oversight of the physician assistant by the collaborating physician; (D) A general description of the physician assistant's process for collaboration with physicians and other members of the healthcare team; (E) A process by which one hundred percent (100%) of patient charts are reviewed by the collaborating physician within ten (10) days when a prescription for a controlled drug is issued by the physician assistant; (F) A process by which at least twenty percent (20%) of the physician assistant's patient charts are reviewed by the collaborating physician every thirty (30) days; (G) If the physician assistant changes practice settings to practice in a new medical specialty, a description of a process by which the patient medical charts prepared by the physician assistant described in subdivisions (b)(6)(E) and (F) are reviewed by the collaborating physician for a minimum of six (6) months or until the physician assistant becomes eligible for endorsement, whichever period is longer; (H) If the physician assistant practices in a remote location site from the collaborating physician's practice site, that the collaborating physician shall conduct a remote site visit at least every thirty (30) days as provided in § 63-19-107 ; (I) That the physician assistant collaborates with, consults with, or refers to, the collaborating physician or appropriate healthcare professional as indicated by the patient's condition and the applicable standard of care when a patient presents with a condition that is outside of the competence, scope of practice, or experience of the physician assistant or collaborating physician; and (J) Designation of one (1) or more alternative physicians for consultation in situations in which the collaborating physician is not available for consultation.
(1) A physician assistant who has not received endorsement from the board of physician assistants shall practice under protocols jointly developed by the collaborating physician and the physician assistant.
(2) The physician assistant shall maintain a copy of the protocols either on paper or electronically at each of the physician assistant's practice locations and shall make the protocols available upon request by the board of physician assistants, the licensing board of the collaborating physician, or an authorized agent thereof.
(3) The protocols must set forth the range of services that may be provided by the physician assistant and must also contain a discussion of the problems and conditions likely to be encountered by the physician assistant and the appropriate treatment for such problems and conditions.
(4) Physician assistant practice under protocols requires active and continuous overview of the physician assistant's activities to ensure that the physician's directions and advice are implemented, but does not require the continuous and constant physical presence of the collaborating physician.
(5) A physician assistant may perform only those tasks that are within the physician assistant's range of skills and competence, that are within the usual scope of practice of the collaborating physician, and that are consistent with the protection of the health and well-being of the patients.
(6) Protocols must also include, at a minimum, the following: (A) The physician assistant's name, license number, and primary practice location; (B) The collaborating physician's name, license number, medical specialty, and primary practice location; (C) A general description of the oversight of the physician assistant by the collaborating physician; (D) A general description of the physician assistant's process for collaboration with physicians and other members of the healthcare team; (E) A process by which one hundred percent (100%) of patient charts are reviewed by the collaborating physician within ten (10) days when a prescription for a controlled drug is issued by the physician assistant; (F) A process by which at least twenty percent (20%) of the physician assistant's patient charts are reviewed by the collaborating physician every thirty (30) days; (G) If the physician assistant changes practice settings to practice in a new medical specialty, a description of a process by which the patient medical charts prepared by the physician assistant described in subdivisions (b)(6)(E) and (F) are reviewed by the collaborating physician for a minimum of six (6) months or until the physician assistant becomes eligible for endorsement, whichever period is longer; (H) If the physician assistant practices in a remote location site from the collaborating physician's practice site, that the collaborating physician shall conduct a remote site visit at least every thirty (30) days as provided in § 63-19-107 ; (I) That the physician assistant collaborates with, consults with, or refers to, the collaborating physician or appropriate healthcare professional as indicated by the patient's condition and the applicable standard of care when a patient presents with a condition that is outside of the competence, scope of practice, or experience of the physician assistant or collaborating physician; and (J) Designation of one (1) or more alternative physicians for consultation in situations in which the collaborating physician is not available for consultation.
(A) The physician assistant's name, license number, and primary practice location;
(B) The collaborating physician's name, license number, medical specialty, and primary practice location;
(C) A general description of the oversight of the physician assistant by the collaborating physician;
(D) A general description of the physician assistant's process for collaboration with physicians and other members of the healthcare team;
(E) A process by which one hundred percent (100%) of patient charts are reviewed by the collaborating physician within ten (10) days when a prescription for a controlled drug is issued by the physician assistant;
(F) A process by which at least twenty percent (20%) of the physician assistant's patient charts are reviewed by the collaborating physician every thirty (30) days;
(G) If the physician assistant changes practice settings to practice in a new medical specialty, a description of a process by which the patient medical charts prepared by the physician assistant described in subdivisions (b)(6)(E) and (F) are reviewed by the collaborating physician for a minimum of six (6) months or until the physician assistant becomes eligible for endorsement, whichever period is longer;
(H) If the physician assistant practices in a remote location site from the collaborating physician's practice site, that the collaborating physician shall conduct a remote site visit at least every thirty (30) days as provided in § 63-19-107 ;
(I) That the physician assistant collaborates with, consults with, or refers to, the collaborating physician or appropriate healthcare professional as indicated by the patient's condition and the applicable standard of care when a patient presents with a condition that is outside of the competence, scope of practice, or experience of the physician assistant or collaborating physician; and
(J) Designation of one (1) or more alternative physicians for consultation in situations in which the collaborating physician is not available for consultation.
(c) (1) A physician assistant who has received an endorsement from the board shall have a collaborative agreement with a physician. (2) The physician assistant shall maintain a copy of the collaborative agreement either on paper or electronically at each of the physician assistant's practice locations and make the collaborative agreement available upon request by the board of physician assistants, the licensing board of the collaborating physician, or an authorized agent of such boards. (3) To be eligible to receive endorsement from the board, a physician assistant must, at a minimum, have six thousand (6,000) hours of documented postgraduate clinical experience, have a physician willing to enter into a collaborative agreement with the physician assistant, and meet such other requirements as set forth in rules promulgated by the board. A physician assistant with six thousand (6,000) hours or more of documented postgraduate clinical experience shall not practice pursuant to the requirements in this chapter or rules promulgated thereto for endorsed physician assistants without first receiving endorsement by the board. This chapter does not require a physician assistant to become endorsed by the board. Unless a physician assistant has received an endorsement from the board, the requirements of subsection (b) apply.
(1) A physician assistant who has received an endorsement from the board shall have a collaborative agreement with a physician.
(2) The physician assistant shall maintain a copy of the collaborative agreement either on paper or electronically at each of the physician assistant's practice locations and make the collaborative agreement available upon request by the board of physician assistants, the licensing board of the collaborating physician, or an authorized agent of such boards.
(3) To be eligible to receive endorsement from the board, a physician assistant must, at a minimum, have six thousand (6,000) hours of documented postgraduate clinical experience, have a physician willing to enter into a collaborative agreement with the physician assistant, and meet such other requirements as set forth in rules promulgated by the board. A physician assistant with six thousand (6,000) hours or more of documented postgraduate clinical experience shall not practice pursuant to the requirements in this chapter or rules promulgated thereto for endorsed physician assistants without first receiving endorsement by the board. This chapter does not require a physician assistant to become endorsed by the board. Unless a physician assistant has received an endorsement from the board, the requirements of subsection (b) apply.
(d) Collaborative agreements governing physician assistants who have six thousand (6,000) or more hours of documented postgraduate clinical experience and are endorsed by the board must include, at a minimum, the following: (1) The physician assistant's name, license number, and primary practice location; (2) The collaborating physician's name, license number, medical specialty, and primary practice location; (3) That the physician assistant performs only those services that are within the physician assistant's competence, knowledge, and skills that are within the usual scope of practice of the collaborating physician, and that are consistent with the protection of the health and well-being of patients; (4) A process by which one hundred percent (100%) of patient charts are reviewed by the collaborating physician within thirty (30) days when a prescription for any drug containing buprenorphine for use in recovery or medication treatment or a Schedule II controlled drug is issued by the physician assistant; (5) That if the physician assistant changes practice settings to practice in a new medical specialty, a description of a process by which a sample of patient medical charts prepared by the physician assistant are reviewed by the collaborating physician, or a physician designated by the collaborating physician, for a minimum of six (6) months; (6) That the physician assistant collaborates with, consults with, or refers to the collaborating physician or appropriate healthcare professional as indicated by the patient's condition and the applicable standard of care; (7) Methods of communication between the physician assistant and collaborating physician; and (8) Requirements of patient chart review and remote site visits, if any, established at the practice level and commensurate with the level of training, experience, and competence of the physician assistant within the expected scope of practice of the physician assistant.
(1) The physician assistant's name, license number, and primary practice location;
(2) The collaborating physician's name, license number, medical specialty, and primary practice location;
(3) That the physician assistant performs only those services that are within the physician assistant's competence, knowledge, and skills that are within the usual scope of practice of the collaborating physician, and that are consistent with the protection of the health and well-being of patients;
(4) A process by which one hundred percent (100%) of patient charts are reviewed by the collaborating physician within thirty (30) days when a prescription for any drug containing buprenorphine for use in recovery or medication treatment or a Schedule II controlled drug is issued by the physician assistant;
(5) That if the physician assistant changes practice settings to practice in a new medical specialty, a description of a process by which a sample of patient medical charts prepared by the physician assistant are reviewed by the collaborating physician, or a physician designated by the collaborating physician, for a minimum of six (6) months;
(6) That the physician assistant collaborates with, consults with, or refers to the collaborating physician or appropriate healthcare professional as indicated by the patient's condition and the applicable standard of care;
(7) Methods of communication between the physician assistant and collaborating physician; and
(8) Requirements of patient chart review and remote site visits, if any, established at the practice level and commensurate with the level of training, experience, and competence of the physician assistant within the expected scope of practice of the physician assistant.
(e) A physician assistant practicing in collaboration with a licensed podiatrist, in addition to meeting the requirements of this chapter: (1) Shall not provide services that are outside the scope of practice of a podiatrist as set forth in § 63-3-101 ; (2) Shall comply with the requirements of, and rules adopted pursuant to, this section and § 63-19-107 governing the collaboration with a physician assistant; and (3) May only prescribe drugs that are rational to the practice of podiatry.
(1) Shall not provide services that are outside the scope of practice of a podiatrist as set forth in § 63-3-101 ;
(2) Shall comply with the requirements of, and rules adopted pursuant to, this section and § 63-19-107 governing the collaboration with a physician assistant; and
(3) May only prescribe drugs that are rational to the practice of podiatry.
(f) A physician assistant may render emergency medical services in cases where immediate diagnosis and treatment are necessary to avoid patient death or disability.
(g) The standard of care for a physician assistant is the same standard of care as applicable to a physician who performs the same service.
(h) (1) The initial rules governing the collaborative agreements of physician assistants with physicians licensed under chapter 3, 6, or 9 of this title must be established and promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, by a task force composed of: (A) One (1) member from the board of medical examiners; (B) One (1) member from the board of osteopathic examination; (C) One (1) member from the board of podiatric medical examiners; and (D) Three (3) members from the board of physician assistants. (2) The task force must create uniform rules governing the collaboration of physician assistants with physicians licensed under chapter 3, 6, or 9 pursuant to this section, which are binding on each board listed in subdivision (h)(1). (3) The rules created by the task force must create standard procedures to determine the responsibility for the review of patient medical charts. (4) Each board listed in subdivision (h)(1) shall select and appoint by a majority vote of its members a board member to serve on the task force before September 1, 2024. (5) The task force shall select and appoint a member to serve as chair of the task force. (6) A majority of the task force constitutes a quorum, and a majority vote of the task force members present is required for any action. (7) Notwithstanding the Uniform Administrative Procedures Act to the contrary, the task force shall hear public comment at any required hearing on behalf of all boards listed in subdivision (h)(1) when a hearing is required. The task force is authorized to vote to promulgate the rules governing the collaboration of physician assistants with physicians licensed under chapter 3, 6, or 9 for each board listed in subdivision (h)(1). (8) The task force shall terminate upon the effective date of a permanent rule establishing collaboration pursuant to this section. All future rules regarding collaboration pursuant to this section after the termination of the task force must be adopted jointly by each relevant board in subdivision (h)(1). (9) This part does not prohibit the licensing boards listed in subdivision (h)(1) from promulgating additional rules regarding the licensees of such boards.
(1) The initial rules governing the collaborative agreements of physician assistants with physicians licensed under chapter 3, 6, or 9 of this title must be established and promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, by a task force composed of: (A) One (1) member from the board of medical examiners; (B) One (1) member from the board of osteopathic examination; (C) One (1) member from the board of podiatric medical examiners; and (D) Three (3) members from the board of physician assistants.
(A) One (1) member from the board of medical examiners;
(B) One (1) member from the board of osteopathic examination;
(C) One (1) member from the board of podiatric medical examiners; and
(D) Three (3) members from the board of physician assistants.
(2) The task force must create uniform rules governing the collaboration of physician assistants with physicians licensed under chapter 3, 6, or 9 pursuant to this section, which are binding on each board listed in subdivision (h)(1).
(3) The rules created by the task force must create standard procedures to determine the responsibility for the review of patient medical charts.
(4) Each board listed in subdivision (h)(1) shall select and appoint by a majority vote of its members a board member to serve on the task force before September 1, 2024.
(5) The task force shall select and appoint a member to serve as chair of the task force.
(6) A majority of the task force constitutes a quorum, and a majority vote of the task force members present is required for any action.
(7) Notwithstanding the Uniform Administrative Procedures Act to the contrary, the task force shall hear public comment at any required hearing on behalf of all boards listed in subdivision (h)(1) when a hearing is required. The task force is authorized to vote to promulgate the rules governing the collaboration of physician assistants with physicians licensed under chapter 3, 6, or 9 for each board listed in subdivision (h)(1).
(8) The task force shall terminate upon the effective date of a permanent rule establishing collaboration pursuant to this section. All future rules regarding collaboration pursuant to this section after the termination of the task force must be adopted jointly by each relevant board in subdivision (h)(1).
(9) This part does not prohibit the licensing boards listed in subdivision (h)(1) from promulgating additional rules regarding the licensees of such boards.
Amended by 2024 Tenn. Acts, ch. 1042,s 2, eff. upon promulgation of rules governing the collaborative agreements of physician assistants with physicians; see T.C.A. § 63-19-106(h)(1).
Amended by 2021 Tenn. Acts, ch. 565, s 6, eff. 5/26/2021.
Amended by 2018 Tenn. Acts, ch. 610, Secs.s 6, s 7, s 8, s 9, s 10, s 11, s 12, s 13 eff. 7/1/2018.
Amended by 2018 Tenn. Acts, ch. 610, s 5, eff. 7/1/2018.
Amended by 2016 Tenn. Acts, ch. 946, s 4, eff. 4/27/2016.
Amended by 2015 Tenn. Acts, ch. 189, s 1, eff. 7/1/2015.
Acts 1985, ch. 376, § 1; T.C.A., § 63-19-206 ; Acts 1994, ch. 722, § 1; 1995, ch. 358, § 2; 1996, ch. 659, § 3; 1998, ch. 842, § 4; 1999, ch. 33, § 1.
Tenn. Code Ann. § 63-23-202 — TN Code / Title 63 / Chapter 23 / Section 63-23-202
Part definitions
Status: in_force

As used in this compact, and except as otherwise provided, the following definitions apply: (1) "Active military member" means any individual with full-time duty status in the active armed forces of the United States, including members of the National Guard and Reserve; (2) "Adverse action" means any administrative, civil, equitable, or criminal action permitted by a state's laws that is imposed by a licensing authority or other authority against a regulated social worker, including actions against an individual's license or multistate authorization to practice such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee's practice, or any other encumbrance on licensure affecting a regulated social worker's authorization to practice, including issuance of a cease and desist action; (3) "Alternative program" means a non-disciplinary monitoring or practice remediation process approved by a licensing authority to address practitioners with an impairment; (4) "Charter member states" means member states that have enacted legislation to adopt this compact where such legislation predates the effective date of this compact as described in § 63-23-214 ; (5) "Compact commission" or "commission" means the government agency whose membership consists of all states that have enacted this compact, which is known as the social work licensure compact commission, as described in § 63-23-210 , and which operates as an instrumentality of the member states; (6) "Current significant investigative information" means: (A) Investigative information that a licensing authority, after a preliminary inquiry that includes notification and an opportunity for the regulated social worker to respond has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction as may be defined by the commission; or (B) Investigative information that indicates that the regulated social worker represents an immediate threat to public health and safety, as may be defined by the commission, regardless of whether the regulated social worker has been notified and has had an opportunity to respond; (7) "Data system" means a repository of information about licensees, including continuing education, examination, licensure, current significant investigative information, disqualifying event, multistate licenses, and adverse action information or other information as required by the commission; (8) "Disqualifying event" means any adverse action or incident that results in an encumbrance that disqualifies or makes the licensee ineligible to either obtain, retain, or renew a multistate license; (9) "Domicile" means the jurisdiction in which the licensee resides and intends to remain indefinitely; (10) "Encumbrance" means a revocation or suspension of, or any limitation on, the full and unrestricted practice of social work licensed and regulated by a licensing authority; (11) "Executive committee" means a group of delegates elected or appointed to act on behalf of, and within the powers granted to them by, this compact and commission; (12) "Home state" means the member state that is the licensee's primary domicile; (13) "Impairment" means a condition that may impair a practitioner's ability to engage in full and unrestricted practice as a regulated social worker without some type of intervention and may include alcohol and drug dependence, mental health impairment, and neurological or physical impairments; (14) "Licensee" means an individual who currently holds a license from a state to practice as a regulated social worker; (15) "Licensing authority" means the board or agency of a member state, or equivalent, that is responsible for the licensing and regulation of regulated social workers; (16) "Member state" means a state, commonwealth, district, or territory of the United States that has enacted this compact; (17) "Multistate authorization to practice" means a legally authorized privilege to practice, which is equivalent to a license, associated with a multistate license permitting the practice of social work in a remote state; (18) "Multistate license" means a license to practice as a regulated social worker issued by a home state licensing authority that authorizes the regulated social worker to practice in all member states under multistate authorization to practice; (19) "Qualifying national exam" means a national licensing examination approved by the commission; (20) "Regulated social worker" means any clinical, master's, or bachelor's social worker licensed by a member state regardless of the title used by that member state; (21) "Remote state" means a member state other than the licensee's home state; (22) "Rule" or "rule of the commission" means a regulation or regulations duly promulgated by the commission, as authorized by this compact, that has the force of law; (23) "Single state license" means a social work license issued by any state that authorizes practice only within the issuing state and does not include multistate authorization to practice in any member state; (24) "Social work" or "social work services" means the application of social work theory, knowledge, methods, ethics, and the professional use of self to restore or enhance social, psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, organizations, and communities through the care and services provided by a regulated social worker as set forth in the member state's statutes and regulations in the state where the services are being provided; (25) "State" means any state, commonwealth, district, or territory of the United States that regulates the practice of social work; and (26) "Unencumbered license" means a license that authorizes a regulated social worker to engage in the full and unrestricted practice of social work. Added by 2024 Tenn. Acts, ch. 1041,s 1, eff. 7/1/2024.
As used in this compact, and except as otherwise provided, the following definitions apply:
(1) "Active military member" means any individual with full-time duty status in the active armed forces of the United States, including members of the National Guard and Reserve;
(2) "Adverse action" means any administrative, civil, equitable, or criminal action permitted by a state's laws that is imposed by a licensing authority or other authority against a regulated social worker, including actions against an individual's license or multistate authorization to practice such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee's practice, or any other encumbrance on licensure affecting a regulated social worker's authorization to practice, including issuance of a cease and desist action;
(3) "Alternative program" means a non-disciplinary monitoring or practice remediation process approved by a licensing authority to address practitioners with an impairment;
(4) "Charter member states" means member states that have enacted legislation to adopt this compact where such legislation predates the effective date of this compact as described in § 63-23-214 ;
(5) "Compact commission" or "commission" means the government agency whose membership consists of all states that have enacted this compact, which is known as the social work licensure compact commission, as described in § 63-23-210 , and which operates as an instrumentality of the member states;
(6) "Current significant investigative information" means: (A) Investigative information that a licensing authority, after a preliminary inquiry that includes notification and an opportunity for the regulated social worker to respond has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction as may be defined by the commission; or (B) Investigative information that indicates that the regulated social worker represents an immediate threat to public health and safety, as may be defined by the commission, regardless of whether the regulated social worker has been notified and has had an opportunity to respond;
(A) Investigative information that a licensing authority, after a preliminary inquiry that includes notification and an opportunity for the regulated social worker to respond has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction as may be defined by the commission; or
(B) Investigative information that indicates that the regulated social worker represents an immediate threat to public health and safety, as may be defined by the commission, regardless of whether the regulated social worker has been notified and has had an opportunity to respond;
(7) "Data system" means a repository of information about licensees, including continuing education, examination, licensure, current significant investigative information, disqualifying event, multistate licenses, and adverse action information or other information as required by the commission;
(8) "Disqualifying event" means any adverse action or incident that results in an encumbrance that disqualifies or makes the licensee ineligible to either obtain, retain, or renew a multistate license;
(9) "Domicile" means the jurisdiction in which the licensee resides and intends to remain indefinitely;
(10) "Encumbrance" means a revocation or suspension of, or any limitation on, the full and unrestricted practice of social work licensed and regulated by a licensing authority;
(11) "Executive committee" means a group of delegates elected or appointed to act on behalf of, and within the powers granted to them by, this compact and commission;
(12) "Home state" means the member state that is the licensee's primary domicile;
(13) "Impairment" means a condition that may impair a practitioner's ability to engage in full and unrestricted practice as a regulated social worker without some type of intervention and may include alcohol and drug dependence, mental health impairment, and neurological or physical impairments;
(14) "Licensee" means an individual who currently holds a license from a state to practice as a regulated social worker;
(15) "Licensing authority" means the board or agency of a member state, or equivalent, that is responsible for the licensing and regulation of regulated social workers;
(16) "Member state" means a state, commonwealth, district, or territory of the United States that has enacted this compact;
(17) "Multistate authorization to practice" means a legally authorized privilege to practice, which is equivalent to a license, associated with a multistate license permitting the practice of social work in a remote state;
(18) "Multistate license" means a license to practice as a regulated social worker issued by a home state licensing authority that authorizes the regulated social worker to practice in all member states under multistate authorization to practice;
(19) "Qualifying national exam" means a national licensing examination approved by the commission;
(20) "Regulated social worker" means any clinical, master's, or bachelor's social worker licensed by a member state regardless of the title used by that member state;
(21) "Remote state" means a member state other than the licensee's home state;
(22) "Rule" or "rule of the commission" means a regulation or regulations duly promulgated by the commission, as authorized by this compact, that has the force of law;
(23) "Single state license" means a social work license issued by any state that authorizes practice only within the issuing state and does not include multistate authorization to practice in any member state;
(24) "Social work" or "social work services" means the application of social work theory, knowledge, methods, ethics, and the professional use of self to restore or enhance social, psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, organizations, and communities through the care and services provided by a regulated social worker as set forth in the member state's statutes and regulations in the state where the services are being provided;
(25) "State" means any state, commonwealth, district, or territory of the United States that regulates the practice of social work; and
(26) "Unencumbered license" means a license that authorizes a regulated social worker to engage in the full and unrestricted practice of social work.
Added by 2024 Tenn. Acts, ch. 1041,s 1, eff. 7/1/2024.
Tenn. Code Ann. § 63-5-124 — TN Code / Title 63 / Chapter 5 / Section 63-5-124
Grounds for denial, suspension or revocation of licenses - Examinations - Investigations of reports - Civil penalties - Costs - Oaths and subpoenas
Status: in_force

(a) The board has the power and it is its duty to deny, suspend, revoke or otherwise restrict or condition the license of, assess a civil penalty for each separate violation against or otherwise lawfully discipline the holder of any license to practice dentistry or any certificate to practice a dental specialty, any license to practice dental hygiene or practice as a registered dental assistant, whenever the licensee or certificate holder is guilty of violating any of the provisions of this chapter or of the following acts or offenses: (1) Unprofessional, dishonorable or unethical conduct; (2) A violation or attempted violation, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, this chapter or any lawful order of the board issued pursuant thereto or any criminal statute of this state; (3) Making false or misleading statements or representations, being guilty of fraud or deceit in obtaining admission to practice or in being guilty of fraud or deceit in the practice of dentistry or dental hygiene or as a registered dental assistant; (4) Gross health care liability or a pattern of continued or repeated health care liability, ignorance, negligence or incompetence in the course of professional practice; (5) Habitual intoxication or personal misuse of any drugs or the use of intoxicating liquors, narcotics, controlled substances, controlled substance analogues or other drugs or stimulants, such as, but not limited to, nitrous oxide sedation, in such manner as to adversely affect the person's ability to practice dentistry, dental hygiene or as a registered dental assistant; (6) Conviction of a felony, conviction of any offense under state or federal drug laws, or conviction of any offense involving moral turpitude. However, an action taken under this subdivision (a)(6) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 1, part 1 of this title; (7) Making or signing in one's professional capacity any certificate that is known to be false at the time one makes or signs such certificate; (8) Dispensing, prescribing or otherwise distributing any controlled substance or any other drug not in the course of professional practice, or not in good faith to relieve pain and suffering or not to cure an ailment, physical infirmity or disease; (9) Engaging in the practice of dentistry, dental hygiene or as a registered dental assistant when mentally or physically unable to safely do so; (10) Solicitation by agents or persons of professional patronage or profiting by the acts of those representing themselves to be agents of the licensee or the certificate holder; (11) Division of fees or agreeing to split or divide fees received for professional services with any person for bringing or referring a patient; (12) Conducting the practice of dentistry so as to permit directly or indirectly an unlicensed person to perform services or work that under this chapter can be done legally only by persons licensed to practice dentistry or dental hygiene or as a registered dental assistant; (13) Professional connection or association with any person, firm or corporation in any manner in an effort to avoid and circumvent this chapter, or lending one's name to another for the illegal practice of dentistry by such person; (14) Claiming to the public to be a specialist in some particular branch of dentistry without being certified by the board as such; (15) Payment or acceptance of commissions in any form or manner on fees for professional services, references, consultations, pathological reports, radiographs, prescriptions or on other services or articles supplied to patients; (16) Having work done by or obtaining work from a dental laboratory without issuing a written work order as provided in § 63-5-108 ; (17) Giving of testimonials, directly or indirectly, concerning the supposed virtue of secret therapeutic agents or proprietary preparations, such as remedies, vaccines, mouth washes, dentifrices or other articles or materials that are offered to the public, claiming radical cure or prevention of diseases by their use; (18) Any other unprofessional or unethical conduct that may be specified by the board by the means of rules and regulations duly published and promulgated by the board or the violation of any provision of this chapter; (19) (A) A dentist shall not, on behalf of that dentist, that dentist's partner or associate or any other dentist affiliated with that dentist or that dentist's facility, use or participate in the use of any form of public communication containing a false, fraudulent, misleading or deceptive statement or claim; (B) Moreover, the fact of promulgation of any forms of public communication covered or prohibited in this section or the rules and regulations promulgated hereunder shall be prima facie evidence that the dentist named either used or permitted the use of the public communication; (C) A licensed dentist is authorized to use personal professional cards, appointment cards, announcements and related materials and appropriate signs and listings indicating the dentist's office and specialty in accordance with rules and regulations promulgated by the board; (20) Dispensing, prescribing or otherwise distributing any controlled substance, controlled substance analogue or other drug to any person in violation of any law of the state or of the United States; or (21) Disciplinary action against a person licensed to practice dentistry or dental hygiene or registered to practice as a dental assistant by another state or territory of the United States for any acts or omissions that would constitute grounds for discipline of a person licensed or registered in this state. A certified copy of the initial or final order, or other equivalent document memorializing the disciplinary action from the disciplining state or territory, shall constitute prima facie evidence of a violation of this section and shall be sufficient grounds upon which to deny, restrict or condition licensure/registration or renewal and/or discipline a person licensed in this state. (b) (1) In enforcing this section, the board shall, upon probable cause, have the authority to compel an applicant or license or certificate holder to submit to a mental and/or physical examination, by a designated committee of at least three (3) practicing physicians, including a psychiatrist where a question of mental condition is involved. The applicant or license or certificate holder may have an independent physical or mental examination, which examination report shall be filed with the board for consideration. The committee will submit a report of its findings to the board for use in any hearing that may thereafter ensue. (2) The board may, upon finding of probable cause, require a dentist, dental hygienist or dental assistant to complete drug and/or alcohol treatment through a program designated by, or contracting with, the board. The board in its discretion is authorized to share information, interviews, reports, statements, memoranda or other data at the program director's request. Information shared between the board and the program director shall be deemed not to violate laws requiring confidentiality of investigations or peer review records protected under § 63-5-131 . (c) The board, on its own motion, may investigate any report indicating that a dentist, dental hygienist or dental assistant is or may be in violation of this chapter. Any dentist, dental hygienist, dental assistant, dental or dental related society or association, or any other person who in good faith reports to the board any information that a dentist, dental hygienist or dental assistant is or may be in violation of any provisions of this chapter, is not subject to suit for civil damages as a result thereof. (d) In assessing a civil penalty pursuant to this chapter, the board should consider the following: (1) The harm or potential harm of the violation to the public health and welfare; (2) The extent to which the public was exposed to such harm or potential harm; (3) The rate, duration and severity of the violations; (4) The value of the penalty as a deterrent to future violations; (5) Attempts by the violator to mitigate the harm to the public; and (6) Such other specific criteria as the board may wish to establish by duly promulgated regulation. (e) The board, pursuant to duly promulgated rules, may, whenever a final order is issued after a disciplinary contested case hearing that contains findings that a licensee or other person has violated any provision of this chapter, assess the costs directly related to the prosecution of the case, including investigatory costs, against the licensee or person. (f) (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 is 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. Amended by 2018 Tenn. Acts, ch. 745, s 25, eff. 7/1/2018. Acts 1957, ch. 32, § 26; 1963, ch. 107, § 3; 1969, ch. 29, § 10; 1978, ch. 824, § 18; 1981, ch. 99, § 13; T.C.A., § 63-554; Acts 1984, ch. 608, § 4; 1985, ch. 120, § 8; 1986, ch. 501, §§2, 3; 1988, ch. 635, § 18; 1990, ch. 1031, §§ 25, 26; 2000, ch. 927, § 6; 2001, ch. 330, §§ 8, 9; 2002, ch. 771, §12; 2012 , ch. 798, §36; 2012 , ch. 848, §§ 69, 70.
(a) The board has the power and it is its duty to deny, suspend, revoke or otherwise restrict or condition the license of, assess a civil penalty for each separate violation against or otherwise lawfully discipline the holder of any license to practice dentistry or any certificate to practice a dental specialty, any license to practice dental hygiene or practice as a registered dental assistant, whenever the licensee or certificate holder is guilty of violating any of the provisions of this chapter or of the following acts or offenses: (1) Unprofessional, dishonorable or unethical conduct; (2) A violation or attempted violation, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, this chapter or any lawful order of the board issued pursuant thereto or any criminal statute of this state; (3) Making false or misleading statements or representations, being guilty of fraud or deceit in obtaining admission to practice or in being guilty of fraud or deceit in the practice of dentistry or dental hygiene or as a registered dental assistant; (4) Gross health care liability or a pattern of continued or repeated health care liability, ignorance, negligence or incompetence in the course of professional practice; (5) Habitual intoxication or personal misuse of any drugs or the use of intoxicating liquors, narcotics, controlled substances, controlled substance analogues or other drugs or stimulants, such as, but not limited to, nitrous oxide sedation, in such manner as to adversely affect the person's ability to practice dentistry, dental hygiene or as a registered dental assistant; (6) Conviction of a felony, conviction of any offense under state or federal drug laws, or conviction of any offense involving moral turpitude. However, an action taken under this subdivision (a)(6) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 1, part 1 of this title; (7) Making or signing in one's professional capacity any certificate that is known to be false at the time one makes or signs such certificate; (8) Dispensing, prescribing or otherwise distributing any controlled substance or any other drug not in the course of professional practice, or not in good faith to relieve pain and suffering or not to cure an ailment, physical infirmity or disease; (9) Engaging in the practice of dentistry, dental hygiene or as a registered dental assistant when mentally or physically unable to safely do so; (10) Solicitation by agents or persons of professional patronage or profiting by the acts of those representing themselves to be agents of the licensee or the certificate holder; (11) Division of fees or agreeing to split or divide fees received for professional services with any person for bringing or referring a patient; (12) Conducting the practice of dentistry so as to permit directly or indirectly an unlicensed person to perform services or work that under this chapter can be done legally only by persons licensed to practice dentistry or dental hygiene or as a registered dental assistant; (13) Professional connection or association with any person, firm or corporation in any manner in an effort to avoid and circumvent this chapter, or lending one's name to another for the illegal practice of dentistry by such person; (14) Claiming to the public to be a specialist in some particular branch of dentistry without being certified by the board as such; (15) Payment or acceptance of commissions in any form or manner on fees for professional services, references, consultations, pathological reports, radiographs, prescriptions or on other services or articles supplied to patients; (16) Having work done by or obtaining work from a dental laboratory without issuing a written work order as provided in § 63-5-108 ; (17) Giving of testimonials, directly or indirectly, concerning the supposed virtue of secret therapeutic agents or proprietary preparations, such as remedies, vaccines, mouth washes, dentifrices or other articles or materials that are offered to the public, claiming radical cure or prevention of diseases by their use; (18) Any other unprofessional or unethical conduct that may be specified by the board by the means of rules and regulations duly published and promulgated by the board or the violation of any provision of this chapter; (19) (A) A dentist shall not, on behalf of that dentist, that dentist's partner or associate or any other dentist affiliated with that dentist or that dentist's facility, use or participate in the use of any form of public communication containing a false, fraudulent, misleading or deceptive statement or claim; (B) Moreover, the fact of promulgation of any forms of public communication covered or prohibited in this section or the rules and regulations promulgated hereunder shall be prima facie evidence that the dentist named either used or permitted the use of the public communication; (C) A licensed dentist is authorized to use personal professional cards, appointment cards, announcements and related materials and appropriate signs and listings indicating the dentist's office and specialty in accordance with rules and regulations promulgated by the board; (20) Dispensing, prescribing or otherwise distributing any controlled substance, controlled substance analogue or other drug to any person in violation of any law of the state or of the United States; or (21) Disciplinary action against a person licensed to practice dentistry or dental hygiene or registered to practice as a dental assistant by another state or territory of the United States for any acts or omissions that would constitute grounds for discipline of a person licensed or registered in this state. A certified copy of the initial or final order, or other equivalent document memorializing the disciplinary action from the disciplining state or territory, shall constitute prima facie evidence of a violation of this section and shall be sufficient grounds upon which to deny, restrict or condition licensure/registration or renewal and/or discipline a person licensed in this state.
(1) Unprofessional, dishonorable or unethical conduct;
(2) A violation or attempted violation, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, this chapter or any lawful order of the board issued pursuant thereto or any criminal statute of this state;
(3) Making false or misleading statements or representations, being guilty of fraud or deceit in obtaining admission to practice or in being guilty of fraud or deceit in the practice of dentistry or dental hygiene or as a registered dental assistant;
(4) Gross health care liability or a pattern of continued or repeated health care liability, ignorance, negligence or incompetence in the course of professional practice;
(5) Habitual intoxication or personal misuse of any drugs or the use of intoxicating liquors, narcotics, controlled substances, controlled substance analogues or other drugs or stimulants, such as, but not limited to, nitrous oxide sedation, in such manner as to adversely affect the person's ability to practice dentistry, dental hygiene or as a registered dental assistant;
(6) Conviction of a felony, conviction of any offense under state or federal drug laws, or conviction of any offense involving moral turpitude. However, an action taken under this subdivision (a)(6) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 1, part 1 of this title;
(7) Making or signing in one's professional capacity any certificate that is known to be false at the time one makes or signs such certificate;
(8) Dispensing, prescribing or otherwise distributing any controlled substance or any other drug not in the course of professional practice, or not in good faith to relieve pain and suffering or not to cure an ailment, physical infirmity or disease;
(9) Engaging in the practice of dentistry, dental hygiene or as a registered dental assistant when mentally or physically unable to safely do so;
(10) Solicitation by agents or persons of professional patronage or profiting by the acts of those representing themselves to be agents of the licensee or the certificate holder;
(11) Division of fees or agreeing to split or divide fees received for professional services with any person for bringing or referring a patient;
(12) Conducting the practice of dentistry so as to permit directly or indirectly an unlicensed person to perform services or work that under this chapter can be done legally only by persons licensed to practice dentistry or dental hygiene or as a registered dental assistant;
(13) Professional connection or association with any person, firm or corporation in any manner in an effort to avoid and circumvent this chapter, or lending one's name to another for the illegal practice of dentistry by such person;
(14) Claiming to the public to be a specialist in some particular branch of dentistry without being certified by the board as such;
(15) Payment or acceptance of commissions in any form or manner on fees for professional services, references, consultations, pathological reports, radiographs, prescriptions or on other services or articles supplied to patients;
(16) Having work done by or obtaining work from a dental laboratory without issuing a written work order as provided in § 63-5-108 ;
(17) Giving of testimonials, directly or indirectly, concerning the supposed virtue of secret therapeutic agents or proprietary preparations, such as remedies, vaccines, mouth washes, dentifrices or other articles or materials that are offered to the public, claiming radical cure or prevention of diseases by their use;
(18) Any other unprofessional or unethical conduct that may be specified by the board by the means of rules and regulations duly published and promulgated by the board or the violation of any provision of this chapter;
(19) (A) A dentist shall not, on behalf of that dentist, that dentist's partner or associate or any other dentist affiliated with that dentist or that dentist's facility, use or participate in the use of any form of public communication containing a false, fraudulent, misleading or deceptive statement or claim; (B) Moreover, the fact of promulgation of any forms of public communication covered or prohibited in this section or the rules and regulations promulgated hereunder shall be prima facie evidence that the dentist named either used or permitted the use of the public communication; (C) A licensed dentist is authorized to use personal professional cards, appointment cards, announcements and related materials and appropriate signs and listings indicating the dentist's office and specialty in accordance with rules and regulations promulgated by the board;
(A) A dentist shall not, on behalf of that dentist, that dentist's partner or associate or any other dentist affiliated with that dentist or that dentist's facility, use or participate in the use of any form of public communication containing a false, fraudulent, misleading or deceptive statement or claim;
(B) Moreover, the fact of promulgation of any forms of public communication covered or prohibited in this section or the rules and regulations promulgated hereunder shall be prima facie evidence that the dentist named either used or permitted the use of the public communication;
(C) A licensed dentist is authorized to use personal professional cards, appointment cards, announcements and related materials and appropriate signs and listings indicating the dentist's office and specialty in accordance with rules and regulations promulgated by the board;
(20) Dispensing, prescribing or otherwise distributing any controlled substance, controlled substance analogue or other drug to any person in violation of any law of the state or of the United States; or
(21) Disciplinary action against a person licensed to practice dentistry or dental hygiene or registered to practice as a dental assistant by another state or territory of the United States for any acts or omissions that would constitute grounds for discipline of a person licensed or registered in this state. A certified copy of the initial or final order, or other equivalent document memorializing the disciplinary action from the disciplining state or territory, shall constitute prima facie evidence of a violation of this section and shall be sufficient grounds upon which to deny, restrict or condition licensure/registration or renewal and/or discipline a person licensed in this state.
(b) (1) In enforcing this section, the board shall, upon probable cause, have the authority to compel an applicant or license or certificate holder to submit to a mental and/or physical examination, by a designated committee of at least three (3) practicing physicians, including a psychiatrist where a question of mental condition is involved. The applicant or license or certificate holder may have an independent physical or mental examination, which examination report shall be filed with the board for consideration. The committee will submit a report of its findings to the board for use in any hearing that may thereafter ensue. (2) The board may, upon finding of probable cause, require a dentist, dental hygienist or dental assistant to complete drug and/or alcohol treatment through a program designated by, or contracting with, the board. The board in its discretion is authorized to share information, interviews, reports, statements, memoranda or other data at the program director's request. Information shared between the board and the program director shall be deemed not to violate laws requiring confidentiality of investigations or peer review records protected under § 63-5-131 .
(1) In enforcing this section, the board shall, upon probable cause, have the authority to compel an applicant or license or certificate holder to submit to a mental and/or physical examination, by a designated committee of at least three (3) practicing physicians, including a psychiatrist where a question of mental condition is involved. The applicant or license or certificate holder may have an independent physical or mental examination, which examination report shall be filed with the board for consideration. The committee will submit a report of its findings to the board for use in any hearing that may thereafter ensue.
(2) The board may, upon finding of probable cause, require a dentist, dental hygienist or dental assistant to complete drug and/or alcohol treatment through a program designated by, or contracting with, the board. The board in its discretion is authorized to share information, interviews, reports, statements, memoranda or other data at the program director's request. Information shared between the board and the program director shall be deemed not to violate laws requiring confidentiality of investigations or peer review records protected under § 63-5-131 .
(c) The board, on its own motion, may investigate any report indicating that a dentist, dental hygienist or dental assistant is or may be in violation of this chapter. Any dentist, dental hygienist, dental assistant, dental or dental related society or association, or any other person who in good faith reports to the board any information that a dentist, dental hygienist or dental assistant is or may be in violation of any provisions of this chapter, is not subject to suit for civil damages as a result thereof.
(d) In assessing a civil penalty pursuant to this chapter, the board should consider the following: (1) The harm or potential harm of the violation to the public health and welfare; (2) The extent to which the public was exposed to such harm or potential harm; (3) The rate, duration and severity of the violations; (4) The value of the penalty as a deterrent to future violations; (5) Attempts by the violator to mitigate the harm to the public; and (6) Such other specific criteria as the board may wish to establish by duly promulgated regulation.
(1) The harm or potential harm of the violation to the public health and welfare;
(2) The extent to which the public was exposed to such harm or potential harm;
(3) The rate, duration and severity of the violations;
(4) The value of the penalty as a deterrent to future violations;
(5) Attempts by the violator to mitigate the harm to the public; and
(6) Such other specific criteria as the board may wish to establish by duly promulgated regulation.
(e) The board, pursuant to duly promulgated rules, may, whenever a final order is issued after a disciplinary contested case hearing that contains findings that a licensee or other person has violated any provision of this chapter, assess the costs directly related to the prosecution of the case, including investigatory costs, against the licensee or person.
(f) (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 is 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 is 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 is 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.
Amended by 2018 Tenn. Acts, ch. 745, s 25, eff. 7/1/2018.
Acts 1957, ch. 32, § 26; 1963, ch. 107, § 3; 1969, ch. 29, § 10; 1978, ch. 824, § 18; 1981, ch. 99, § 13; T.C.A., § 63-554; Acts 1984, ch. 608, § 4; 1985, ch. 120, § 8; 1986, ch. 501, §§2, 3; 1988, ch. 635, § 18; 1990, ch. 1031, §§ 25, 26; 2000, ch. 927, § 6; 2001, ch. 330, §§ 8, 9; 2002, ch. 771, §12; 2012 , ch. 798, §36; 2012 , ch. 848, §§ 69, 70.
Tenn. Code Ann. § 63-19-311 — TN Code / Title 63 / Chapter 19 / Section 63-19-311
Oversight, dispute resolution, and enforcement
Status: in_force

(a) Oversight. (1) The executive and judicial branches of State government in each Participating State shall enforce this Compact and take all actions necessary and appropriate to implement the Compact. (2) Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct, or any such similar matter. (3) The Commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the Compact or the Commission's Rules and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the Commission with service of process shall render a judgment or order in such proceeding void as to the Commission, this Compact, or Commission Rules. (b) Default, Technical Assistance, and Termination. (1) If the Commission determines that a Participating State has defaulted in the performance of its obligations or responsibilities under this Compact or the Commission Rules, the Commission shall provide written notice to the defaulting State and other Participating States. The notice shall describe the default, the proposed means of curing the default, and any other action that the Commission may take and shall offer remedial training and specific technical assistance regarding the default. (2) If a State in default fails to cure the default, the defaulting State may be terminated from this Compact upon an affirmative vote of a majority of the delegates of the Participating States, and all rights, privileges, and benefits conferred by this Compact upon such State may be terminated on the effective date of termination. A cure of the default does not relieve the offending State of obligations or liabilities incurred during the period of default. (3) Termination of participation in this Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting State's legislature, and to the Licensing Board(s) of each of the Participating States. (4) A State that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination. (5) The Commission shall not bear any costs related to a State that is found to be in default or that has been terminated from this Compact, unless agreed upon in writing between the Commission and the defaulting State. (6) The defaulting State may appeal its termination from the Compact by the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees. (7) Upon the termination of a State's participation in the Compact, the State shall immediately provide notice to all Licensees within that State of such termination: (A) Licensees who have been granted a Compact Privilege in that State shall retain the Compact Privilege for one hundred eighty (180) days following the effective date of such termination; and (B) Licensees who are licensed in that State who have been granted a Compact Privilege in a Participating State shall retain the Compact Privilege for one hundred eighty (180) days unless the Licensee also has a Qualifying License in a Participating State or obtains a Qualifying License in a Participating State before the one-hundred-eighty-day period ends, in which case the Compact Privilege shall continue. (c) Dispute Resolution. (1) Upon request by a Participating State, the Commission shall attempt to resolve disputes related to this Compact that arise among Participating States and between participating and non-Participating States. (2) The Commission shall promulgate a Rule providing for both mediation and binding dispute resolution for disputes as appropriate. (d) Enforcement. (1) The Commission, in the reasonable exercise of its discretion, shall enforce the provisions of this Compact and Rules of the Commission. (2) If compliance is not secured after all means to secure compliance have been exhausted, by majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices, against a Participating State in default to enforce compliance with the provisions of this Compact and the Commission's promulgated Rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees. (3) The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or State law. (e) Legal Action Against the Commission. (1) A Participating State may initiate legal action against the Commission in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices to enforce compliance with the provisions of the Compact and its Rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees. (2) No person other than a Participating State shall enforce this Compact against the Commission. Added by 2024 Tenn. Acts, ch. 1018,s 1, eff. 1/1/2025.
(a) Oversight. (1) The executive and judicial branches of State government in each Participating State shall enforce this Compact and take all actions necessary and appropriate to implement the Compact. (2) Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct, or any such similar matter. (3) The Commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the Compact or the Commission's Rules and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the Commission with service of process shall render a judgment or order in such proceeding void as to the Commission, this Compact, or Commission Rules.
(1) The executive and judicial branches of State government in each Participating State shall enforce this Compact and take all actions necessary and appropriate to implement the Compact.
(2) Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct, or any such similar matter.
(3) The Commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the Compact or the Commission's Rules and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the Commission with service of process shall render a judgment or order in such proceeding void as to the Commission, this Compact, or Commission Rules.
(b) Default, Technical Assistance, and Termination. (1) If the Commission determines that a Participating State has defaulted in the performance of its obligations or responsibilities under this Compact or the Commission Rules, the Commission shall provide written notice to the defaulting State and other Participating States. The notice shall describe the default, the proposed means of curing the default, and any other action that the Commission may take and shall offer remedial training and specific technical assistance regarding the default. (2) If a State in default fails to cure the default, the defaulting State may be terminated from this Compact upon an affirmative vote of a majority of the delegates of the Participating States, and all rights, privileges, and benefits conferred by this Compact upon such State may be terminated on the effective date of termination. A cure of the default does not relieve the offending State of obligations or liabilities incurred during the period of default. (3) Termination of participation in this Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting State's legislature, and to the Licensing Board(s) of each of the Participating States. (4) A State that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination. (5) The Commission shall not bear any costs related to a State that is found to be in default or that has been terminated from this Compact, unless agreed upon in writing between the Commission and the defaulting State. (6) The defaulting State may appeal its termination from the Compact by the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees. (7) Upon the termination of a State's participation in the Compact, the State shall immediately provide notice to all Licensees within that State of such termination: (A) Licensees who have been granted a Compact Privilege in that State shall retain the Compact Privilege for one hundred eighty (180) days following the effective date of such termination; and (B) Licensees who are licensed in that State who have been granted a Compact Privilege in a Participating State shall retain the Compact Privilege for one hundred eighty (180) days unless the Licensee also has a Qualifying License in a Participating State or obtains a Qualifying License in a Participating State before the one-hundred-eighty-day period ends, in which case the Compact Privilege shall continue.
(1) If the Commission determines that a Participating State has defaulted in the performance of its obligations or responsibilities under this Compact or the Commission Rules, the Commission shall provide written notice to the defaulting State and other Participating States. The notice shall describe the default, the proposed means of curing the default, and any other action that the Commission may take and shall offer remedial training and specific technical assistance regarding the default.
(2) If a State in default fails to cure the default, the defaulting State may be terminated from this Compact upon an affirmative vote of a majority of the delegates of the Participating States, and all rights, privileges, and benefits conferred by this Compact upon such State may be terminated on the effective date of termination. A cure of the default does not relieve the offending State of obligations or liabilities incurred during the period of default.
(3) Termination of participation in this Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting State's legislature, and to the Licensing Board(s) of each of the Participating States.
(4) A State that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
(5) The Commission shall not bear any costs related to a State that is found to be in default or that has been terminated from this Compact, unless agreed upon in writing between the Commission and the defaulting State.
(6) The defaulting State may appeal its termination from the Compact by the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.
(7) Upon the termination of a State's participation in the Compact, the State shall immediately provide notice to all Licensees within that State of such termination: (A) Licensees who have been granted a Compact Privilege in that State shall retain the Compact Privilege for one hundred eighty (180) days following the effective date of such termination; and (B) Licensees who are licensed in that State who have been granted a Compact Privilege in a Participating State shall retain the Compact Privilege for one hundred eighty (180) days unless the Licensee also has a Qualifying License in a Participating State or obtains a Qualifying License in a Participating State before the one-hundred-eighty-day period ends, in which case the Compact Privilege shall continue.
(A) Licensees who have been granted a Compact Privilege in that State shall retain the Compact Privilege for one hundred eighty (180) days following the effective date of such termination; and
(B) Licensees who are licensed in that State who have been granted a Compact Privilege in a Participating State shall retain the Compact Privilege for one hundred eighty (180) days unless the Licensee also has a Qualifying License in a Participating State or obtains a Qualifying License in a Participating State before the one-hundred-eighty-day period ends, in which case the Compact Privilege shall continue.
(c) Dispute Resolution. (1) Upon request by a Participating State, the Commission shall attempt to resolve disputes related to this Compact that arise among Participating States and between participating and non-Participating States. (2) The Commission shall promulgate a Rule providing for both mediation and binding dispute resolution for disputes as appropriate.
(1) Upon request by a Participating State, the Commission shall attempt to resolve disputes related to this Compact that arise among Participating States and between participating and non-Participating States.
(2) The Commission shall promulgate a Rule providing for both mediation and binding dispute resolution for disputes as appropriate.
(d) Enforcement. (1) The Commission, in the reasonable exercise of its discretion, shall enforce the provisions of this Compact and Rules of the Commission. (2) If compliance is not secured after all means to secure compliance have been exhausted, by majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices, against a Participating State in default to enforce compliance with the provisions of this Compact and the Commission's promulgated Rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees. (3) The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or State law.
(1) The Commission, in the reasonable exercise of its discretion, shall enforce the provisions of this Compact and Rules of the Commission.
(2) If compliance is not secured after all means to secure compliance have been exhausted, by majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices, against a Participating State in default to enforce compliance with the provisions of this Compact and the Commission's promulgated Rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees.
(3) The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or State law.
(e) Legal Action Against the Commission. (1) A Participating State may initiate legal action against the Commission in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices to enforce compliance with the provisions of the Compact and its Rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees. (2) No person other than a Participating State shall enforce this Compact against the Commission.
(1) A Participating State may initiate legal action against the Commission in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices to enforce compliance with the provisions of the Compact and its Rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees.
(2) No person other than a Participating State shall enforce this Compact against the Commission.
Added by 2024 Tenn. Acts, ch. 1018,s 1, eff. 1/1/2025.
Tenn. Code Ann. § 63-8-126 — TN Code / Title 63 / Chapter 8 / Section 63-8-126
Drug prescriptions
Status: in_force

(a) Any handwritten prescription order for a drug prepared by an optometrist who is authorized by law to prescribe a drug must be legible so that it is comprehensible by the pharmacist who fills the prescription. The handwritten prescription order must contain the name of the prescribing optometrist, the name and strength of the drug prescribed, the quantity of the drug prescribed, handwritten in letters or in numerals, instructions for the proper use of the drug, and the month and day that the prescription order was issued, recorded in letters or in numerals or a combination thereof. The prescribing optometrist must sign the handwritten prescription order on the day it is issued, unless it is a standing order issued in a hospital, a nursing home or an assisted care living facility as defined in § 68-11-201 . (b) Any typed or computer-generated prescription order for a drug issued by an optometrist who is authorized by law to prescribe a drug must be legible so that it is comprehensible by the pharmacist who fills the prescription order. The typed or computer-generated prescription order must contain the name of the prescribing optometrist, the name and strength of the drug prescribed, the quantity of the drug prescribed, recorded in letters or in numerals, instructions for the proper use of the drug, and the month and day that the typed or computer-generated prescription order was issued, recorded in letters or in numerals or a combination thereof. The prescribing optometrist must sign the typed or computer-generated prescription order on the day it is issued, unless it is a standing order issued in a hospital, nursing home or an assisted care living facility as defined in § 68-11-201 . (c) Nothing in this section shall be construed to prevent an optometrist from issuing a verbal prescription order. (d) (1) All handwritten, typed or computer-generated prescription orders must be issued on either tamper-resistant prescription paper or printed utilizing a technology that results in a tamper-resistant prescription that meets the current centers for medicare and medicaid service guidance to state medicaid directors regarding § 7002(b) of the United States Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act of 2007, P.L. 110-28, and meets or exceeds specific TennCare requirements for tamper-resistant prescriptions. (2) Subdivision (d)(1) shall not apply to prescriptions written for inpatients of a hospital, outpatients of a hospital where the doctor or other person authorized to write prescriptions writes the order into the hospital medical record and then the order is given directly to the hospital pharmacy and the patient never has the opportunity to handle the written order, a nursing home or an assisted care living facility as defined in § 68-11-201 or inpatients or residents of a mental health hospital or residential facility licensed under title 33 or individuals incarcerated in a local, state or federal correctional facility. Amended by 2013 Tenn. Acts, ch. 74,s 6, eff. 4/1/2013. Acts 2004, ch. 678, § 6; 2005, ch. 12, §5; 2008 , ch. 1035, §§6, 9; 2010 , ch. 795, § 15.
(a) Any handwritten prescription order for a drug prepared by an optometrist who is authorized by law to prescribe a drug must be legible so that it is comprehensible by the pharmacist who fills the prescription. The handwritten prescription order must contain the name of the prescribing optometrist, the name and strength of the drug prescribed, the quantity of the drug prescribed, handwritten in letters or in numerals, instructions for the proper use of the drug, and the month and day that the prescription order was issued, recorded in letters or in numerals or a combination thereof. The prescribing optometrist must sign the handwritten prescription order on the day it is issued, unless it is a standing order issued in a hospital, a nursing home or an assisted care living facility as defined in § 68-11-201 .
(b) Any typed or computer-generated prescription order for a drug issued by an optometrist who is authorized by law to prescribe a drug must be legible so that it is comprehensible by the pharmacist who fills the prescription order. The typed or computer-generated prescription order must contain the name of the prescribing optometrist, the name and strength of the drug prescribed, the quantity of the drug prescribed, recorded in letters or in numerals, instructions for the proper use of the drug, and the month and day that the typed or computer-generated prescription order was issued, recorded in letters or in numerals or a combination thereof. The prescribing optometrist must sign the typed or computer-generated prescription order on the day it is issued, unless it is a standing order issued in a hospital, nursing home or an assisted care living facility as defined in § 68-11-201 .
(c) Nothing in this section shall be construed to prevent an optometrist from issuing a verbal prescription order.
(d) (1) All handwritten, typed or computer-generated prescription orders must be issued on either tamper-resistant prescription paper or printed utilizing a technology that results in a tamper-resistant prescription that meets the current centers for medicare and medicaid service guidance to state medicaid directors regarding § 7002(b) of the United States Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act of 2007, P.L. 110-28, and meets or exceeds specific TennCare requirements for tamper-resistant prescriptions. (2) Subdivision (d)(1) shall not apply to prescriptions written for inpatients of a hospital, outpatients of a hospital where the doctor or other person authorized to write prescriptions writes the order into the hospital medical record and then the order is given directly to the hospital pharmacy and the patient never has the opportunity to handle the written order, a nursing home or an assisted care living facility as defined in § 68-11-201 or inpatients or residents of a mental health hospital or residential facility licensed under title 33 or individuals incarcerated in a local, state or federal correctional facility.
(1) All handwritten, typed or computer-generated prescription orders must be issued on either tamper-resistant prescription paper or printed utilizing a technology that results in a tamper-resistant prescription that meets the current centers for medicare and medicaid service guidance to state medicaid directors regarding § 7002(b) of the United States Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act of 2007, P.L. 110-28, and meets or exceeds specific TennCare requirements for tamper-resistant prescriptions.
(2) Subdivision (d)(1) shall not apply to prescriptions written for inpatients of a hospital, outpatients of a hospital where the doctor or other person authorized to write prescriptions writes the order into the hospital medical record and then the order is given directly to the hospital pharmacy and the patient never has the opportunity to handle the written order, a nursing home or an assisted care living facility as defined in § 68-11-201 or inpatients or residents of a mental health hospital or residential facility licensed under title 33 or individuals incarcerated in a local, state or federal correctional facility.
Amended by 2013 Tenn. Acts, ch. 74,s 6, eff. 4/1/2013.
Acts 2004, ch. 678, § 6; 2005, ch. 12, §5; 2008 , ch. 1035, §§6, 9; 2010 , ch. 795, § 15.
Tenn. Code Ann. § 63-28-112 — TN Code / Title 63 / Chapter 28 / Section 63-28-112
Committee members - Term of office - Compensation - Removal
Status: in_force

(a) To assist the board of medical examiners in the performance of its duties, there is hereby established the committee for clinical perfusionists, composed of seven (7) members who are each appointed by the governor. The committee shall approve the examination required by this chapter. The chair of the committee shall be a perfusionist. (b) The committee shall consist of four (4) perfusionist members, one (1) hospital administrator from a licensed healthcare facility in Tennessee in which cardiac surgery is performed, one (1) licensed physician who shall be either a cardiac surgeon or a cardiac anesthesiologist, and one (1) public member. The public member shall be a resident of Tennessee for one (1) year and shall be a registered voter. The public member shall be a person who is not and never was a member of any medical profession or the spouse of a medical professional. The public member shall not be a member of, or a consultant to, any trade association in the field of health care. The public member shall not have or have had a material financial interest in either the provision of professional services specified by this chapter, or any activity or organization directly related to any licensed profession specified in this chapter. Perfusionist members may be appointed from lists of qualified persons submitted to the governor by interested perfusionist groups and the committee for clinical perfusionists. The governor shall consult with such groups and the committee to determine qualified persons to fill the positions. The members of the committee shall be appointed for terms of six (6) years, except those first appointed, of whom one (1) shall be appointed for a term of one (1) year, one (1) shall be appointed for a term of two (2) years, two (2) shall be appointed for a term of three (3) years, one (1) shall be appointed for a term of four (4) years, one (1) shall be appointed for a term of five (5) years and one (1) shall be appointed for a term of six (6) years. The perfusionist committee members shall be residents of the state of Tennessee for at least one (1) year, shall be United States citizens and shall meet all the requirements for licensing provided in this chapter. In making appointments to the committee, the governor shall ensure that the committee is representative of the environments in which perfusionists practice. The hospital administrator member and the physician member shall be residents of Tennessee. In making appointments to the committee, the governor shall strive to ensure that at least one (1) person serving on the committee is sixty (60) years of age or older and that at least one (1) person serving on the committee is a member of a racial minority. Of the total membership of the committee, no less than two (2) members shall be from each grand division of the state. In making the initial appointments to the committee, the perfusionist members shall not be required to be licensed but shall apply for a license from the committee within ninety (90) days of the issuance of licenses by the committee. (c) If a member of the committee shall, during the member's term as a committee member, remove the member's domicile from the state of Tennessee, then the committee shall immediately notify the governor and the seat of that committee member shall be declared vacant. All such vacancies shall be filled by appointment in the same manner as provided in subsection (b). (d) No member of the committee shall be entitled to any compensation for the performance of the member's official duties but shall receive compensation for travel expenses pursuant to the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter. (e) A member of the committee may be removed by the governor, if the member: (1) Does not have, at the time of appointment, the qualifications required for appointment to the committee; (2) Does not maintain during service on the committee the qualifications required for appointment to the committee; (3) Violates any provision of this chapter; (4) Cannot discharge the member's duties for a substantial part of the term for which the member is appointed because of illness or disability; or (5) Is absent from more than one-half (1/2) of the regularly scheduled committee meetings that the member is eligible to attend during a calendar year, unless the absence is excused by a majority vote of the committee. Acts 1999, ch. 239, §12; 2012 , ch. 723, §§ 3, 4.
(a) To assist the board of medical examiners in the performance of its duties, there is hereby established the committee for clinical perfusionists, composed of seven (7) members who are each appointed by the governor. The committee shall approve the examination required by this chapter. The chair of the committee shall be a perfusionist.
(b) The committee shall consist of four (4) perfusionist members, one (1) hospital administrator from a licensed healthcare facility in Tennessee in which cardiac surgery is performed, one (1) licensed physician who shall be either a cardiac surgeon or a cardiac anesthesiologist, and one (1) public member. The public member shall be a resident of Tennessee for one (1) year and shall be a registered voter. The public member shall be a person who is not and never was a member of any medical profession or the spouse of a medical professional. The public member shall not be a member of, or a consultant to, any trade association in the field of health care. The public member shall not have or have had a material financial interest in either the provision of professional services specified by this chapter, or any activity or organization directly related to any licensed profession specified in this chapter. Perfusionist members may be appointed from lists of qualified persons submitted to the governor by interested perfusionist groups and the committee for clinical perfusionists. The governor shall consult with such groups and the committee to determine qualified persons to fill the positions. The members of the committee shall be appointed for terms of six (6) years, except those first appointed, of whom one (1) shall be appointed for a term of one (1) year, one (1) shall be appointed for a term of two (2) years, two (2) shall be appointed for a term of three (3) years, one (1) shall be appointed for a term of four (4) years, one (1) shall be appointed for a term of five (5) years and one (1) shall be appointed for a term of six (6) years. The perfusionist committee members shall be residents of the state of Tennessee for at least one (1) year, shall be United States citizens and shall meet all the requirements for licensing provided in this chapter. In making appointments to the committee, the governor shall ensure that the committee is representative of the environments in which perfusionists practice. The hospital administrator member and the physician member shall be residents of Tennessee. In making appointments to the committee, the governor shall strive to ensure that at least one (1) person serving on the committee is sixty (60) years of age or older and that at least one (1) person serving on the committee is a member of a racial minority. Of the total membership of the committee, no less than two (2) members shall be from each grand division of the state. In making the initial appointments to the committee, the perfusionist members shall not be required to be licensed but shall apply for a license from the committee within ninety (90) days of the issuance of licenses by the committee.
(c) If a member of the committee shall, during the member's term as a committee member, remove the member's domicile from the state of Tennessee, then the committee shall immediately notify the governor and the seat of that committee member shall be declared vacant. All such vacancies shall be filled by appointment in the same manner as provided in subsection (b).
(d) No member of the committee shall be entitled to any compensation for the performance of the member's official duties but shall receive compensation for travel expenses pursuant to the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter.
(e) A member of the committee may be removed by the governor, if the member: (1) Does not have, at the time of appointment, the qualifications required for appointment to the committee; (2) Does not maintain during service on the committee the qualifications required for appointment to the committee; (3) Violates any provision of this chapter; (4) Cannot discharge the member's duties for a substantial part of the term for which the member is appointed because of illness or disability; or (5) Is absent from more than one-half (1/2) of the regularly scheduled committee meetings that the member is eligible to attend during a calendar year, unless the absence is excused by a majority vote of the committee.
(1) Does not have, at the time of appointment, the qualifications required for appointment to the committee;
(2) Does not maintain during service on the committee the qualifications required for appointment to the committee;
(3) Violates any provision of this chapter;
(4) Cannot discharge the member's duties for a substantial part of the term for which the member is appointed because of illness or disability; or
(5) Is absent from more than one-half (1/2) of the regularly scheduled committee meetings that the member is eligible to attend during a calendar year, unless the absence is excused by a majority vote of the committee.
Acts 1999, ch. 239, §12; 2012 , ch. 723, §§ 3, 4.
Tenn. Code Ann. § 63-31-106 — TN Code / Title 63 / Chapter 31 / Section 63-31-106
Licensing requirement
Status: in_force

(a) (1) On and after July 1, 2010, any person who is engaged in the practice of polysomnography shall be licensed as provided in this chapter. It shall be unlawful for any person to engage in the practice of polysomnography after July 1, 2010, unless the person has been duly licensed as a polysomnographic technologist under this chapter. (2) Prior to July 1, 2010, any person who is engaged in the practice of polysomnography without being licensed under this chapter shall not be deemed to be in violation of this chapter or the Respiratory Care Practitioner Act, compiled in chapter 27 of this title. (b) A person seeking licensure as a polysomnographic technologist shall be of good moral character, shall be at least eighteen (18) years of age, shall pay the fees established by the board for licensure, and shall present proof that the person meets all of the following requirements: (1) Meet one (1) of the following educational requirements: (A) Graduation from a polysomnographic educational program that is accredited by the Commission on Accreditation of Allied Health Education Programs; (B) Graduation from a respiratory care educational program that is accredited by the Commission on Accreditation of Allied Health Education Programs and completion of the curriculum for a polysomnography certificate established and accredited by the Committee on Accreditation for Respiratory Care of the Commission on Accreditation of Allied Health Education Programs; (C) Graduation from an electroneurodiagnostic technologist educational program with a polysomnographic technology track that is accredited by the Commission on Accreditation of Allied Health Education Programs; or (D) Successful completion of an accredited sleep technologist educational program (A-STEP) that is accredited by the American Academy of Sleep Medicine; (2) Pass the national certifying examination given by the board of registered polysomnographic technologists; (3) Be credentialed by the board of registered polysomnographic technologists; and (4) Meet any additional educational or clinical requirements established by the committee. (c) Any person who is engaged in the practice of polysomnography on July 1, 2007, shall be eligible for licensure under this chapter without meeting the educational requirement of subdivision (b)(1); provided, that the person meets the requirements of subdivisions (b)(2)-(4). (d) To be eligible for renewal of a license to engage in the practice of polysomnography, a polysomnographic technologist shall continue to be credentialed by the board of registered polysomnographic technologists. Amended by 2024 Tenn. Acts, ch. 736,s 1, eff. 7/1/2024. Acts 2007 , ch. 469, § 1.
(a) (1) On and after July 1, 2010, any person who is engaged in the practice of polysomnography shall be licensed as provided in this chapter. It shall be unlawful for any person to engage in the practice of polysomnography after July 1, 2010, unless the person has been duly licensed as a polysomnographic technologist under this chapter. (2) Prior to July 1, 2010, any person who is engaged in the practice of polysomnography without being licensed under this chapter shall not be deemed to be in violation of this chapter or the Respiratory Care Practitioner Act, compiled in chapter 27 of this title.
(1) On and after July 1, 2010, any person who is engaged in the practice of polysomnography shall be licensed as provided in this chapter. It shall be unlawful for any person to engage in the practice of polysomnography after July 1, 2010, unless the person has been duly licensed as a polysomnographic technologist under this chapter.
(2) Prior to July 1, 2010, any person who is engaged in the practice of polysomnography without being licensed under this chapter shall not be deemed to be in violation of this chapter or the Respiratory Care Practitioner Act, compiled in chapter 27 of this title.
(b) A person seeking licensure as a polysomnographic technologist shall be of good moral character, shall be at least eighteen (18) years of age, shall pay the fees established by the board for licensure, and shall present proof that the person meets all of the following requirements: (1) Meet one (1) of the following educational requirements: (A) Graduation from a polysomnographic educational program that is accredited by the Commission on Accreditation of Allied Health Education Programs; (B) Graduation from a respiratory care educational program that is accredited by the Commission on Accreditation of Allied Health Education Programs and completion of the curriculum for a polysomnography certificate established and accredited by the Committee on Accreditation for Respiratory Care of the Commission on Accreditation of Allied Health Education Programs; (C) Graduation from an electroneurodiagnostic technologist educational program with a polysomnographic technology track that is accredited by the Commission on Accreditation of Allied Health Education Programs; or (D) Successful completion of an accredited sleep technologist educational program (A-STEP) that is accredited by the American Academy of Sleep Medicine; (2) Pass the national certifying examination given by the board of registered polysomnographic technologists; (3) Be credentialed by the board of registered polysomnographic technologists; and (4) Meet any additional educational or clinical requirements established by the committee.
(1) Meet one (1) of the following educational requirements: (A) Graduation from a polysomnographic educational program that is accredited by the Commission on Accreditation of Allied Health Education Programs; (B) Graduation from a respiratory care educational program that is accredited by the Commission on Accreditation of Allied Health Education Programs and completion of the curriculum for a polysomnography certificate established and accredited by the Committee on Accreditation for Respiratory Care of the Commission on Accreditation of Allied Health Education Programs; (C) Graduation from an electroneurodiagnostic technologist educational program with a polysomnographic technology track that is accredited by the Commission on Accreditation of Allied Health Education Programs; or (D) Successful completion of an accredited sleep technologist educational program (A-STEP) that is accredited by the American Academy of Sleep Medicine;
(A) Graduation from a polysomnographic educational program that is accredited by the Commission on Accreditation of Allied Health Education Programs;
(B) Graduation from a respiratory care educational program that is accredited by the Commission on Accreditation of Allied Health Education Programs and completion of the curriculum for a polysomnography certificate established and accredited by the Committee on Accreditation for Respiratory Care of the Commission on Accreditation of Allied Health Education Programs;
(C) Graduation from an electroneurodiagnostic technologist educational program with a polysomnographic technology track that is accredited by the Commission on Accreditation of Allied Health Education Programs; or
(D) Successful completion of an accredited sleep technologist educational program (A-STEP) that is accredited by the American Academy of Sleep Medicine;
(2) Pass the national certifying examination given by the board of registered polysomnographic technologists;
(3) Be credentialed by the board of registered polysomnographic technologists; and
(4) Meet any additional educational or clinical requirements established by the committee.
(c) Any person who is engaged in the practice of polysomnography on July 1, 2007, shall be eligible for licensure under this chapter without meeting the educational requirement of subdivision (b)(1); provided, that the person meets the requirements of subdivisions (b)(2)-(4).
(d) To be eligible for renewal of a license to engage in the practice of polysomnography, a polysomnographic technologist shall continue to be credentialed by the board of registered polysomnographic technologists.
Amended by 2024 Tenn. Acts, ch. 736,s 1, eff. 7/1/2024.
Acts 2007 , ch. 469, § 1.
Tenn. Code Ann. § 63-25-102 — TN Code / Title 63 / Chapter 25 / Section 63-25-102
Legislative findings
Status: in_force

The general assembly finds that the application of scientific knowledge relating to food is important in the treatment of illness and disease and the attainment and maintenance of health. There are currently no clear means for the public to identify the qualifications of persons providing dietetic services and nutritional care for infants, children, pregnant females, elderly persons, poor persons, overweight persons, chronically and terminally ill persons and fitness enthusiasts. Consumers and patients are becoming increasingly concerned about their diets and nutrition as well as the effectiveness of the information and services being offered to the public. The general assembly further finds that in order to protect the public health, safety and welfare, it is necessary to define the qualifications and requirements for persons offering certain dietetic and nutritional advice and services to the public. It is the purpose of this chapter to restrict the use of certain titles to persons who are professionally qualified to use them, thereby ensuring that persons practicing the profession of dietetics and nutrition meet minimum standards of proficiency and competency acquired through adequate training and experience. Acts 1987, ch. 384, § 3.
The general assembly finds that the application of scientific knowledge relating to food is important in the treatment of illness and disease and the attainment and maintenance of health. There are currently no clear means for the public to identify the qualifications of persons providing dietetic services and nutritional care for infants, children, pregnant females, elderly persons, poor persons, overweight persons, chronically and terminally ill persons and fitness enthusiasts. Consumers and patients are becoming increasingly concerned about their diets and nutrition as well as the effectiveness of the information and services being offered to the public. The general assembly further finds that in order to protect the public health, safety and welfare, it is necessary to define the qualifications and requirements for persons offering certain dietetic and nutritional advice and services to the public. It is the purpose of this chapter to restrict the use of certain titles to persons who are professionally qualified to use them, thereby ensuring that persons practicing the profession of dietetics and nutrition meet minimum standards of proficiency and competency acquired through adequate training and experience.
Acts 1987, ch. 384, § 3.