Tenn. Code Ann. § 63-1-176 — TN Code / Title 63 / Chapter 1 / Section 63-1-176
Parental consent required for treatment of minors - Exceptions - Penalties - Civil actions
Status: in_force

(a) As used in this section: (1) "Government entity" means the state, any branch, department, agency, commission, or instrumentality of state government, any official or other person acting under color of state law, or any political subdivision of the state; (2) "Healthcare provider" means a healthcare professional, healthcare establishment, or healthcare facility licensed, registered, certified, or permitted pursuant to this title, title 33, or title 68 or regulated under the authority of either the department of health or an agency, board, council, or committee attached to the department of health or by the department of mental health and substance abuse services, and that is authorized to provide health or medical care or mental health services in this state; (3) "Medical decision-making authority" means the power granted by the state to a nonparent to make important decisions regarding a child's health care; (4) "Minor": (A) Means an individual who has not attained eighteen (18) years of age; and (B) Does not include an individual who: (i) Is emancipated pursuant to title 29, chapter 31; (ii) Needs emergency treatment pursuant to § 63-6-222 ; (iii) Is or was previously a member of the armed forces of the United States or a member of a reserve or national guard unit; or (iv) Is the parent of a minor child and has full custody of that minor child; (5) "Parent" means a biological, legal, or adoptive parent or an individual who has been granted medical decision-making authority over the child under state law; and (6) "Person" means an individual, corporation, or any other legal or commercial entity, whether or not a citizen or domiciliary of this state and whether or not organized under the laws of this state. (b) Except as otherwise provided by statutory law, case law, or court order, a government entity, a healthcare provider, or any other person shall not knowingly take any of the following actions with regard to a minor without first obtaining the consent of a parent of the minor: (1) Treat, profess to diagnose, operate on, or prescribe for any physical ailment, physical injury, or deformity; (2) Prescribe, dispense, deliver, or administer any drug or medication; (3) Render psychological services specified in §§ 63-11-202 and 63-11-203 ; or (4) Render counseling services specified in § 63-22-122 . (c) This section does not apply when: (1) A parent of the minor has given blanket consent authorizing the person or entity to perform an activity listed in subsection (b); (2) A government entity, healthcare provider, or any other person reasonably relies in good faith on an individual's representations that the individual is the parent of a minor or has otherwise been granted authority to make decisions regarding a minor's health care under state law; (3) A licensed physician performs emergency medical or surgical treatment pursuant to § 63-6-222 ; (4) Licensed personnel render appropriate emergency medical care and provide emergency medical services pursuant to § 68-140-309 ; (5) A person, including a law enforcement officer, participates or assists in rendering emergency care pursuant to § 63-6-218 ; or (6) An employee of a local education agency acts to control bleeding using a bleeding control kit pursuant to § 49-2-137 . (d) A violation of this section is an unlawful practice and is grounds for the offending healthcare provider's licensing authority to suspend, revoke, or refuse to renew the healthcare provider's license or take other disciplinary action allowed by law. (e) If the licensing authority of a healthcare provider receives information of a violation or potential violation of this section by the healthcare provider, then the licensing authority shall conduct an immediate investigation and take appropriate disciplinary action. (f) A parent may bring a civil cause of action to recover compensatory damages, reasonable attorney's fees, court costs, expenses, and other appropriate relief against an entity or healthcare provider alleged to have violated this section. (g) If a court in any civil action brought pursuant to this section finds that a healthcare provider knowingly violated this section, then the court shall notify the appropriate regulatory authority and the attorney general and reporter by mailing a certified copy of the court's order to the regulatory authority and the attorney general and reporter. Notification pursuant to this subsection (g) must be made upon the judgment of the court being made final. (h) (1) A civil action commenced against a healthcare provider under this section must be brought within the period required by § 29-26-116 . (2) A civil action commenced against another entity under this section must be brought within one (1) year from the date of discovery of the violation of this section. (i) This section is declared to be remedial in nature, and this section must be liberally construed to effectuate its purposes. Added by 2024 Tenn. Acts, ch. 1061,s 2, eff. 7/1/2024.
(a) As used in this section: (1) "Government entity" means the state, any branch, department, agency, commission, or instrumentality of state government, any official or other person acting under color of state law, or any political subdivision of the state; (2) "Healthcare provider" means a healthcare professional, healthcare establishment, or healthcare facility licensed, registered, certified, or permitted pursuant to this title, title 33, or title 68 or regulated under the authority of either the department of health or an agency, board, council, or committee attached to the department of health or by the department of mental health and substance abuse services, and that is authorized to provide health or medical care or mental health services in this state; (3) "Medical decision-making authority" means the power granted by the state to a nonparent to make important decisions regarding a child's health care; (4) "Minor": (A) Means an individual who has not attained eighteen (18) years of age; and (B) Does not include an individual who: (i) Is emancipated pursuant to title 29, chapter 31; (ii) Needs emergency treatment pursuant to § 63-6-222 ; (iii) Is or was previously a member of the armed forces of the United States or a member of a reserve or national guard unit; or (iv) Is the parent of a minor child and has full custody of that minor child; (5) "Parent" means a biological, legal, or adoptive parent or an individual who has been granted medical decision-making authority over the child under state law; and (6) "Person" means an individual, corporation, or any other legal or commercial entity, whether or not a citizen or domiciliary of this state and whether or not organized under the laws of this state.
(1) "Government entity" means the state, any branch, department, agency, commission, or instrumentality of state government, any official or other person acting under color of state law, or any political subdivision of the state;
(2) "Healthcare provider" means a healthcare professional, healthcare establishment, or healthcare facility licensed, registered, certified, or permitted pursuant to this title, title 33, or title 68 or regulated under the authority of either the department of health or an agency, board, council, or committee attached to the department of health or by the department of mental health and substance abuse services, and that is authorized to provide health or medical care or mental health services in this state;
(3) "Medical decision-making authority" means the power granted by the state to a nonparent to make important decisions regarding a child's health care;
(4) "Minor": (A) Means an individual who has not attained eighteen (18) years of age; and (B) Does not include an individual who: (i) Is emancipated pursuant to title 29, chapter 31; (ii) Needs emergency treatment pursuant to § 63-6-222 ; (iii) Is or was previously a member of the armed forces of the United States or a member of a reserve or national guard unit; or (iv) Is the parent of a minor child and has full custody of that minor child;
(A) Means an individual who has not attained eighteen (18) years of age; and
(B) Does not include an individual who: (i) Is emancipated pursuant to title 29, chapter 31; (ii) Needs emergency treatment pursuant to § 63-6-222 ; (iii) Is or was previously a member of the armed forces of the United States or a member of a reserve or national guard unit; or (iv) Is the parent of a minor child and has full custody of that minor child;
(i) Is emancipated pursuant to title 29, chapter 31;
(ii) Needs emergency treatment pursuant to § 63-6-222 ;
(iii) Is or was previously a member of the armed forces of the United States or a member of a reserve or national guard unit; or
(iv) Is the parent of a minor child and has full custody of that minor child;
(5) "Parent" means a biological, legal, or adoptive parent or an individual who has been granted medical decision-making authority over the child under state law; and
(6) "Person" means an individual, corporation, or any other legal or commercial entity, whether or not a citizen or domiciliary of this state and whether or not organized under the laws of this state.
(b) Except as otherwise provided by statutory law, case law, or court order, a government entity, a healthcare provider, or any other person shall not knowingly take any of the following actions with regard to a minor without first obtaining the consent of a parent of the minor: (1) Treat, profess to diagnose, operate on, or prescribe for any physical ailment, physical injury, or deformity; (2) Prescribe, dispense, deliver, or administer any drug or medication; (3) Render psychological services specified in §§ 63-11-202 and 63-11-203 ; or (4) Render counseling services specified in § 63-22-122 .
(1) Treat, profess to diagnose, operate on, or prescribe for any physical ailment, physical injury, or deformity;
(2) Prescribe, dispense, deliver, or administer any drug or medication;
(3) Render psychological services specified in §§ 63-11-202 and 63-11-203 ; or
(4) Render counseling services specified in § 63-22-122 .
(c) This section does not apply when: (1) A parent of the minor has given blanket consent authorizing the person or entity to perform an activity listed in subsection (b); (2) A government entity, healthcare provider, or any other person reasonably relies in good faith on an individual's representations that the individual is the parent of a minor or has otherwise been granted authority to make decisions regarding a minor's health care under state law; (3) A licensed physician performs emergency medical or surgical treatment pursuant to § 63-6-222 ; (4) Licensed personnel render appropriate emergency medical care and provide emergency medical services pursuant to § 68-140-309 ; (5) A person, including a law enforcement officer, participates or assists in rendering emergency care pursuant to § 63-6-218 ; or (6) An employee of a local education agency acts to control bleeding using a bleeding control kit pursuant to § 49-2-137 .
(1) A parent of the minor has given blanket consent authorizing the person or entity to perform an activity listed in subsection (b);
(2) A government entity, healthcare provider, or any other person reasonably relies in good faith on an individual's representations that the individual is the parent of a minor or has otherwise been granted authority to make decisions regarding a minor's health care under state law;
(3) A licensed physician performs emergency medical or surgical treatment pursuant to § 63-6-222 ;
(4) Licensed personnel render appropriate emergency medical care and provide emergency medical services pursuant to § 68-140-309 ;
(5) A person, including a law enforcement officer, participates or assists in rendering emergency care pursuant to § 63-6-218 ; or
(6) An employee of a local education agency acts to control bleeding using a bleeding control kit pursuant to § 49-2-137 .
(d) A violation of this section is an unlawful practice and is grounds for the offending healthcare provider's licensing authority to suspend, revoke, or refuse to renew the healthcare provider's license or take other disciplinary action allowed by law.
(e) If the licensing authority of a healthcare provider receives information of a violation or potential violation of this section by the healthcare provider, then the licensing authority shall conduct an immediate investigation and take appropriate disciplinary action.
(f) A parent may bring a civil cause of action to recover compensatory damages, reasonable attorney's fees, court costs, expenses, and other appropriate relief against an entity or healthcare provider alleged to have violated this section.
(g) If a court in any civil action brought pursuant to this section finds that a healthcare provider knowingly violated this section, then the court shall notify the appropriate regulatory authority and the attorney general and reporter by mailing a certified copy of the court's order to the regulatory authority and the attorney general and reporter. Notification pursuant to this subsection (g) must be made upon the judgment of the court being made final.
(h) (1) A civil action commenced against a healthcare provider under this section must be brought within the period required by § 29-26-116 . (2) A civil action commenced against another entity under this section must be brought within one (1) year from the date of discovery of the violation of this section.
(1) A civil action commenced against a healthcare provider under this section must be brought within the period required by § 29-26-116 .
(2) A civil action commenced against another entity under this section must be brought within one (1) year from the date of discovery of the violation of this section.
(i) This section is declared to be remedial in nature, and this section must be liberally construed to effectuate its purposes.
Added by 2024 Tenn. Acts, ch. 1061,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 63-16-107 — TN Code / Title 63 / Chapter 16 / Section 63-16-107
Certificates of registration - Renewal of registration - Continuing education
Status: in_force

(a) (1) Each individual who is initially issued a license as a nursing home administrator is deemed registered with the board and shall be issued a certificate of registration. (2) Certificates of registration expire each odd-numbered year. (3) Each licensed nursing home administrator shall submit an application to the board for a new certificate of registration and submit, along with any information requested by the board, a biennial renewal fee as set by the board. (4) Although the license renewal is on a biennial basis, continuing education is required on an annual basis. (5) The board shall promulgate, in accordance with the procedures of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, such rules as shall be necessary to prescribe programs of continuing education for nursing home administrators and to designate the levels of participation required in programs of continuing education. As a prerequisite for renewal of registration, an individual shall submit to the board satisfactory proof of attendance and participation in such programs. (b) Upon receipt of such application for registration and the registration fee, the board shall issue a certificate of registration to such nursing home administrator unless the board finds reason to deny the same pursuant to § 63-16-108 , under the rules and regulations developed by the board. (c) (1) If a nursing home administrator fails to renew the nursing home administrator's license and pays the biennial renewal fee after renewal becomes due, the license of such person is automatically revoked without further notice or hearing unless renewal is made and all fees are paid prior to the expiration of sixty (60) days from the date such renewal becomes due. (2) Any person whose license is automatically revoked as provided in this section may have the license reinstated by the board in its discretion upon good cause being shown, upon payment of all past due renewal fees and upon the further payment of a nonrefundable sum as set by the board. (d) Any person licensed to practice by this chapter who has retired or may hereafter retire from such practice in this state shall not be made to register as required by this chapter if such person files with the board an affidavit on a form to be furnished by the board, which affidavit states the date on which such person retired from such practice and such other facts as tend to verify such retirement as the board deems necessary. If such person thereafter reengages in such practice in this state, such person shall apply for registration with the board as provided by this chapter and shall meet other requirements as may be set by the board. (e) The commissioner of health shall notify the board of all cases in which a nursing home is sanctioned by suspension of admissions or imposition of a civil monetary penalty or in which the commissioner determines that the quality of care provided to residents is seriously inadequate due to acts or omissions of the administrator. In all such cases, the license or certificate of registration of any person who has engaged in the practice of nursing home administration at that facility during the year preceding the imposition of sanctions or the commissioner's finding of inadequacy shall not be renewed by the board, until the board has reviewed all information compiled by regulatory agencies pertaining to the quality of care rendered at facilities under the person's administration. Following such review, the board may renew the license or certificate of registration only upon an affirmative finding that the person can be expected to satisfactorily discharge the duties of an administrator in the future, in a manner that assures an adequate level of care for nursing home residents. (f) (1) Notwithstanding any provision of this chapter to the contrary, the division, with the approval of the commissioner, shall establish a system of license renewals at alternative intervals that will allow for the distribution of the license workload as uniformly as is practicable throughout the calendar year. Licenses issued under the alternative method are valid for twenty-four (24) months and expire on the last day of the last month of the license period. However, during a transition period, or at any time thereafter when the board determines that the volume of work for any given interval is unduly burdensome or costly, either the licenses or renewals, or both of them, may be issued for terms of not less than six (6) months nor more than eighteen (18) months. The fee imposed for any license under the alternative interval method for a period of other than twenty-four (24) months shall be proportionate to the annual fee and modified in no other manner, except that the proportional fee shall be rounded off to the nearest quarter of a dollar (25¢). (2) No renewal application will be accepted after the last day of the month following the license expiration date under the alternative method authorized in this subsection (f). Acts 1970, ch. 565, § 7; 1973, ch. 166, § 6; 1981, ch. 464, § 3; T.C.A., § 63-1607; Acts 1983, ch. 40, § 2; 1987, ch. 247, §§4-6; 1987, ch. 312, § 6; 1989, ch. 360, §§ 52-54; 1989, ch. 523, §§ 85, 86.
(a) (1) Each individual who is initially issued a license as a nursing home administrator is deemed registered with the board and shall be issued a certificate of registration. (2) Certificates of registration expire each odd-numbered year. (3) Each licensed nursing home administrator shall submit an application to the board for a new certificate of registration and submit, along with any information requested by the board, a biennial renewal fee as set by the board. (4) Although the license renewal is on a biennial basis, continuing education is required on an annual basis. (5) The board shall promulgate, in accordance with the procedures of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, such rules as shall be necessary to prescribe programs of continuing education for nursing home administrators and to designate the levels of participation required in programs of continuing education. As a prerequisite for renewal of registration, an individual shall submit to the board satisfactory proof of attendance and participation in such programs.
(1) Each individual who is initially issued a license as a nursing home administrator is deemed registered with the board and shall be issued a certificate of registration.
(2) Certificates of registration expire each odd-numbered year.
(3) Each licensed nursing home administrator shall submit an application to the board for a new certificate of registration and submit, along with any information requested by the board, a biennial renewal fee as set by the board.
(4) Although the license renewal is on a biennial basis, continuing education is required on an annual basis.
(5) The board shall promulgate, in accordance with the procedures of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, such rules as shall be necessary to prescribe programs of continuing education for nursing home administrators and to designate the levels of participation required in programs of continuing education. As a prerequisite for renewal of registration, an individual shall submit to the board satisfactory proof of attendance and participation in such programs.
(b) Upon receipt of such application for registration and the registration fee, the board shall issue a certificate of registration to such nursing home administrator unless the board finds reason to deny the same pursuant to § 63-16-108 , under the rules and regulations developed by the board.
(c) (1) If a nursing home administrator fails to renew the nursing home administrator's license and pays the biennial renewal fee after renewal becomes due, the license of such person is automatically revoked without further notice or hearing unless renewal is made and all fees are paid prior to the expiration of sixty (60) days from the date such renewal becomes due. (2) Any person whose license is automatically revoked as provided in this section may have the license reinstated by the board in its discretion upon good cause being shown, upon payment of all past due renewal fees and upon the further payment of a nonrefundable sum as set by the board.
(1) If a nursing home administrator fails to renew the nursing home administrator's license and pays the biennial renewal fee after renewal becomes due, the license of such person is automatically revoked without further notice or hearing unless renewal is made and all fees are paid prior to the expiration of sixty (60) days from the date such renewal becomes due.
(2) Any person whose license is automatically revoked as provided in this section may have the license reinstated by the board in its discretion upon good cause being shown, upon payment of all past due renewal fees and upon the further payment of a nonrefundable sum as set by the board.
(d) Any person licensed to practice by this chapter who has retired or may hereafter retire from such practice in this state shall not be made to register as required by this chapter if such person files with the board an affidavit on a form to be furnished by the board, which affidavit states the date on which such person retired from such practice and such other facts as tend to verify such retirement as the board deems necessary. If such person thereafter reengages in such practice in this state, such person shall apply for registration with the board as provided by this chapter and shall meet other requirements as may be set by the board.
(e) The commissioner of health shall notify the board of all cases in which a nursing home is sanctioned by suspension of admissions or imposition of a civil monetary penalty or in which the commissioner determines that the quality of care provided to residents is seriously inadequate due to acts or omissions of the administrator. In all such cases, the license or certificate of registration of any person who has engaged in the practice of nursing home administration at that facility during the year preceding the imposition of sanctions or the commissioner's finding of inadequacy shall not be renewed by the board, until the board has reviewed all information compiled by regulatory agencies pertaining to the quality of care rendered at facilities under the person's administration. Following such review, the board may renew the license or certificate of registration only upon an affirmative finding that the person can be expected to satisfactorily discharge the duties of an administrator in the future, in a manner that assures an adequate level of care for nursing home residents.
(f) (1) Notwithstanding any provision of this chapter to the contrary, the division, with the approval of the commissioner, shall establish a system of license renewals at alternative intervals that will allow for the distribution of the license workload as uniformly as is practicable throughout the calendar year. Licenses issued under the alternative method are valid for twenty-four (24) months and expire on the last day of the last month of the license period. However, during a transition period, or at any time thereafter when the board determines that the volume of work for any given interval is unduly burdensome or costly, either the licenses or renewals, or both of them, may be issued for terms of not less than six (6) months nor more than eighteen (18) months. The fee imposed for any license under the alternative interval method for a period of other than twenty-four (24) months shall be proportionate to the annual fee and modified in no other manner, except that the proportional fee shall be rounded off to the nearest quarter of a dollar (25¢). (2) No renewal application will be accepted after the last day of the month following the license expiration date under the alternative method authorized in this subsection (f).
(1) Notwithstanding any provision of this chapter to the contrary, the division, with the approval of the commissioner, shall establish a system of license renewals at alternative intervals that will allow for the distribution of the license workload as uniformly as is practicable throughout the calendar year. Licenses issued under the alternative method are valid for twenty-four (24) months and expire on the last day of the last month of the license period. However, during a transition period, or at any time thereafter when the board determines that the volume of work for any given interval is unduly burdensome or costly, either the licenses or renewals, or both of them, may be issued for terms of not less than six (6) months nor more than eighteen (18) months. The fee imposed for any license under the alternative interval method for a period of other than twenty-four (24) months shall be proportionate to the annual fee and modified in no other manner, except that the proportional fee shall be rounded off to the nearest quarter of a dollar (25¢).
(2) No renewal application will be accepted after the last day of the month following the license expiration date under the alternative method authorized in this subsection (f).
Acts 1970, ch. 565, § 7; 1973, ch. 166, § 6; 1981, ch. 464, § 3; T.C.A., § 63-1607; Acts 1983, ch. 40, § 2; 1987, ch. 247, §§4-6; 1987, ch. 312, § 6; 1989, ch. 360, §§ 52-54; 1989, ch. 523, §§ 85, 86.
Tenn. Code Ann. § 63-7-207 — TN Code / Title 63 / Chapter 7 / Section 63-7-207
Powers and duties
Status: in_force

The board has the following powers and duties in addition to the powers and duties granted to or imposed upon it by other sections of this chapter: (1) (A) (i) (a) Employ, in consultation with the governor, an executive director, who must not be a member of the board, although the board is not bound by any recommendation of the governor. Once appointed, the executive director shall operate under the supervision and control of the division of health related boards. (b) The board may dismiss the executive director without having to consult with the governor; and (ii) Employ such other personnel as may be necessary for the effective and efficient discharge of the duties of the board; (B) Such executive director and other employees shall be reimbursed for travel expenses in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter; (2) Maintain an office in Nashville; (3) Adopt a seal that shall bear the words "Tennessee Board of Nursing" and the imprint thereof shall be placed upon all official papers of the board; (4) Adopt and from time to time revise such rules and regulations as may be necessary to govern its proceedings and to carry into effect the purpose of this chapter; (5) Make an annual report to the governor the first week in July, together with a statement of the receipts and disbursements of the board and maintain such records as may be required by the applicable laws and regulations of the state; (6) Cause the prosecution of persons violating this chapter; (7) Prescribe the minimum curricular and minimum standards for schools of nursing and for courses of training preparing persons for licensure under this chapter and provide for surveys of such schools or an affiliation of schools and courses. For practical nursing programs offered by a public institution of higher education, the board shall require a minimum of one thousand two hundred ninety-six (1,296) clock hours or an equivalent number of credit hours; (8) Approve such schools and courses as meet the requirements of this chapter and the rules and regulations of the board; (9) Conduct examinations to ascertain the qualifications and fitness of applicants and issue licenses to applicants who successfully pass the examination for the practice of professional nursing or practical nursing; (10) Conduct hearings upon charges of suspension or revocation of a license or approval of a school of nursing or course of training and deny, suspend or revoke for proper cause licenses or approval of schools or course of training as provided in this chapter. Any action of or ruling or order made or entered by the board shall be subject to review by the courts of this state in the same manner and subject to the same powers and conditions as now provided by law in regard to the rulings, orders and findings of other quasi-judicial bodies in Tennessee, where not otherwise specifically provided; (11) Promote nursing education and nursing service through the state through surveys, institutes, conferences or such other means as may result in improved nursing education and nursing services in the state; (12) Determine the state, national and other meetings to be attended by the employees or individual members of the board in the interest of the advancement of nursing in this state; (13) Annually publish a directory listing all persons licensed to practice as a professional or practical nurse in Tennessee. The board shall have the authority to adopt and promulgate rules and regulations governing the distribution of such directories. Such regulations may establish a reasonable price, not to exceed ten dollars ($10.00) per directory, to be charged for the directories. The directories shall be available free of charge to nonprofit health agencies operating in the state of Tennessee, federal and state governmental agencies, local health departments and individual licensees; (14) Establish and examine the qualifications, competencies, training, education and experience required of a registered nurse applying for a certificate of fitness as a nurse practitioner, as defined by the board, sufficient to prepare such person to write and sign prescriptions and/or issue drugs in accordance with the limitations and provisions of § 63-1-132 ; (15) [Deleted by 2024 amendment.] (16) By January 1, 2002, the board of nursing shall implement a plan to assure continuing competence of licensees, using educationally sound methods to promote learning and assess outcomes pertinent to contemporary standards of nursing practice; (17) Compile and disseminate demographic data collected on all licensees; and (18) Enter into grants, agreements, scholarships or other arrangements with statewide nonprofit agencies or other state agencies for the purpose of evaluating and guiding the development of the education, distribution, and availability of the nursing workforce to provide a basis for improving the delivery of quality health care. Amended by 2024 Tenn. Acts, ch. 944,s 6, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 891,s 1, eff. 6/30/2024. Amended by 2024 Tenn. Acts, ch. 606,s 2, eff. 3/27/2024. Amended by 2022 Tenn. Acts, ch. 953, s 2, eff. 4/29/2022. Acts 1967, ch. 78, § 8; 1976, ch. 501, § 2; 1976, ch. 806, § 1(114); 1980, ch. 851, § 3; T.C.A., § 63-736; Acts 1985, ch. 120, § 10; 1998, ch. 1047, §§ 2, 3; 1999, ch. 439, § 3; 2001, ch. 314, § 1.
The board has the following powers and duties in addition to the powers and duties granted to or imposed upon it by other sections of this chapter:
(1) (A) (i) (a) Employ, in consultation with the governor, an executive director, who must not be a member of the board, although the board is not bound by any recommendation of the governor. Once appointed, the executive director shall operate under the supervision and control of the division of health related boards. (b) The board may dismiss the executive director without having to consult with the governor; and (ii) Employ such other personnel as may be necessary for the effective and efficient discharge of the duties of the board; (B) Such executive director and other employees shall be reimbursed for travel expenses in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter;
(A) (i) (a) Employ, in consultation with the governor, an executive director, who must not be a member of the board, although the board is not bound by any recommendation of the governor. Once appointed, the executive director shall operate under the supervision and control of the division of health related boards. (b) The board may dismiss the executive director without having to consult with the governor; and (ii) Employ such other personnel as may be necessary for the effective and efficient discharge of the duties of the board;
(i) (a) Employ, in consultation with the governor, an executive director, who must not be a member of the board, although the board is not bound by any recommendation of the governor. Once appointed, the executive director shall operate under the supervision and control of the division of health related boards. (b) The board may dismiss the executive director without having to consult with the governor; and
(a) Employ, in consultation with the governor, an executive director, who must not be a member of the board, although the board is not bound by any recommendation of the governor. Once appointed, the executive director shall operate under the supervision and control of the division of health related boards.
(b) The board may dismiss the executive director without having to consult with the governor; and
(ii) Employ such other personnel as may be necessary for the effective and efficient discharge of the duties of the board;
(B) Such executive director and other employees shall be reimbursed for travel expenses in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter;
(2) Maintain an office in Nashville;
(3) Adopt a seal that shall bear the words "Tennessee Board of Nursing" and the imprint thereof shall be placed upon all official papers of the board;
(4) Adopt and from time to time revise such rules and regulations as may be necessary to govern its proceedings and to carry into effect the purpose of this chapter;
(5) Make an annual report to the governor the first week in July, together with a statement of the receipts and disbursements of the board and maintain such records as may be required by the applicable laws and regulations of the state;
(6) Cause the prosecution of persons violating this chapter;
(7) Prescribe the minimum curricular and minimum standards for schools of nursing and for courses of training preparing persons for licensure under this chapter and provide for surveys of such schools or an affiliation of schools and courses. For practical nursing programs offered by a public institution of higher education, the board shall require a minimum of one thousand two hundred ninety-six (1,296) clock hours or an equivalent number of credit hours;
(8) Approve such schools and courses as meet the requirements of this chapter and the rules and regulations of the board;
(9) Conduct examinations to ascertain the qualifications and fitness of applicants and issue licenses to applicants who successfully pass the examination for the practice of professional nursing or practical nursing;
(10) Conduct hearings upon charges of suspension or revocation of a license or approval of a school of nursing or course of training and deny, suspend or revoke for proper cause licenses or approval of schools or course of training as provided in this chapter. Any action of or ruling or order made or entered by the board shall be subject to review by the courts of this state in the same manner and subject to the same powers and conditions as now provided by law in regard to the rulings, orders and findings of other quasi-judicial bodies in Tennessee, where not otherwise specifically provided;
(11) Promote nursing education and nursing service through the state through surveys, institutes, conferences or such other means as may result in improved nursing education and nursing services in the state;
(12) Determine the state, national and other meetings to be attended by the employees or individual members of the board in the interest of the advancement of nursing in this state;
(13) Annually publish a directory listing all persons licensed to practice as a professional or practical nurse in Tennessee. The board shall have the authority to adopt and promulgate rules and regulations governing the distribution of such directories. Such regulations may establish a reasonable price, not to exceed ten dollars ($10.00) per directory, to be charged for the directories. The directories shall be available free of charge to nonprofit health agencies operating in the state of Tennessee, federal and state governmental agencies, local health departments and individual licensees;
(14) Establish and examine the qualifications, competencies, training, education and experience required of a registered nurse applying for a certificate of fitness as a nurse practitioner, as defined by the board, sufficient to prepare such person to write and sign prescriptions and/or issue drugs in accordance with the limitations and provisions of § 63-1-132 ;
(15) [Deleted by 2024 amendment.]
(16) By January 1, 2002, the board of nursing shall implement a plan to assure continuing competence of licensees, using educationally sound methods to promote learning and assess outcomes pertinent to contemporary standards of nursing practice;
(17) Compile and disseminate demographic data collected on all licensees; and
(18) Enter into grants, agreements, scholarships or other arrangements with statewide nonprofit agencies or other state agencies for the purpose of evaluating and guiding the development of the education, distribution, and availability of the nursing workforce to provide a basis for improving the delivery of quality health care.
Amended by 2024 Tenn. Acts, ch. 944,s 6, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 891,s 1, eff. 6/30/2024.
Amended by 2024 Tenn. Acts, ch. 606,s 2, eff. 3/27/2024.
Amended by 2022 Tenn. Acts, ch. 953, s 2, eff. 4/29/2022.
Acts 1967, ch. 78, § 8; 1976, ch. 501, § 2; 1976, ch. 806, § 1(114); 1980, ch. 851, § 3; T.C.A., § 63-736; Acts 1985, ch. 120, § 10; 1998, ch. 1047, §§ 2, 3; 1999, ch. 439, § 3; 2001, ch. 314, § 1.
Tenn. Code Ann. § 63-1-109 — TN Code / Title 63 / Chapter 1 / Section 63-1-109
Display of license or certificate of registration - Terminology used in signs and written material
Status: in_force

(a) Every person licensed or registered to practice one of the healing arts, or any branch thereof, as delineated in this section shall keep an original or copy of the person's license or certificate of registration displayed in the office or place in which the person practices, in a conspicuous place, and shall place and keep placed in a conspicuous place at the entrance of the person's office, a sign in intelligible lettering and not less than one inch (1") in height, containing the name of such person immediately followed by the recognized abbreviation indicating the professional degree, if any, held by such person, and containing immediately below the person's name, in equal size lettering, the word or words: (1) "Chiropractor," "chiropractic physician" or "doctor of chiropractic" for practitioners of chiropractic; (2) "Dentist," "doctor of dental surgery," "oral surgeon," "doctor of dental medicine," "dentist anesthesiologist," and "dental anesthesiology" for practitioners of dentistry; (3) "Medical doctor," "physician," "medical doctor and surgeon," "medicine" or "surgeon," as applicable, for practitioners of medicine and surgery; (4) "Optometrist," "doctor of optometry" or "optometric physician" for practitioners of optometry; (5) "Osteopathic physician," "osteopathic physician and surgeon," "doctor of osteopathic medicine" or "doctor of osteopathy" for practitioners of osteopathy; (6) "Podiatrist," "podiatric physician," "doctor of podiatry," "doctor of podiatric medicine" or "doctor of podiatric medicine and surgery" for practitioners of podiatry; (7) "Advanced practice registered nurse," "nurse practitioner," "nurse anesthetist," "nurse midwife" or "clinical nurse specialist," as applicable, for those practicing advanced practice nursing; (8) "Physician assistant" or "orthopedic physician assistant," as applicable, for those licensed as a physician assistant; (9) "Psychologist" or "doctor of psychology" for practitioners of psychology; (10) "Acupuncturist" for practitioners of acupuncture; and (11) "Certified professional midwife" for those practitioners of midwifery. (b) Any recognized specialist in any branch of the healing arts, which special field is recognized or approved by the appropriate board licensing that profession, may substitute the specialist designation for the words indicated in subsection (a). (c) A healthcare practitioner listed in subsection (a) shall also affirmatively communicate the practitioner's specific licensure, as defined in this section by one (1) of the following methods: (1) The healthcare practitioner shall wear a photo identification name tag during all patient encounters that shall include a recent photograph of the licensee, the licensee's full name, and the type of license. The name tag shall be of sufficient size and be worn in a conspicuous manner so as to be visible and apparent; or (2) After January 1, 2012, the healthcare practitioner shall communicate to a patient the practitioner's full name and type of license in writing at the patient's initial office visit. (d) For purposes of subsection (c), the type of license shall enunciate one (1) or more of the words listed in subsection (a). (e) A healthcare practitioner who practices in more than one (1) office shall be required to comply with the requirements in each practice setting. (f) A healthcare practitioner who does not have an office setting can satisfy the requirements of this section by meeting the conditions set forth in subsection (c). (g) Healthcare practitioners working in facilities licensed pursuant to title 68, chapter 11, or working in facilities licensed pursuant to title 33, chapter 2, are not subject to the requirements of this section. (h) Healthcare practitioners working in no-patient care settings and who have no direct patient care interactions are not subject to the requirements of this section. (i) Any healthcare practitioner who violates this section is guilty of unprofessional conduct and shall be subject to disciplinary action in accordance with the appropriate licensure provisions governing the respective healthcare practitioner. A violation of this section shall not create a private right of action by a patient. (j) Notwithstanding the imposition of any other penalty, the board which has licensed a particular healthcare practitioner may seek injunctive or other relief as appropriate against that practitioner or any entity for a violation of this section. (k) A healthcare practitioner, who provides information regarding healthcare services on an internet website that is directly controlled or administered by the healthcare practitioner or the practitioner's agent, shall prominently display on the internet website the practitioner's full name and type of license using one (1) or more of the words listed in subsection (a). Amended by 2024 Tenn. Acts, ch. 893,s 3, eff. 5/1/2024. Amended by 2016 Tenn. Acts, ch. 980, s 4, eff. 7/1/2016. Acts 1947, ch. 9, § 8; C. Supp. 1950, § 6907.8 (Williams, § 6917.25); Acts 1953, ch. 113, § 5; T.C.A. (orig. ed.), § 63-117; Acts 1984, ch. 937, § 70; T.C.A., § 63-1-118 ; Acts 1994, ch. 901, § 5; 2005, ch. 467, § 1; 2011 , ch. 75, § 1.
(a) Every person licensed or registered to practice one of the healing arts, or any branch thereof, as delineated in this section shall keep an original or copy of the person's license or certificate of registration displayed in the office or place in which the person practices, in a conspicuous place, and shall place and keep placed in a conspicuous place at the entrance of the person's office, a sign in intelligible lettering and not less than one inch (1") in height, containing the name of such person immediately followed by the recognized abbreviation indicating the professional degree, if any, held by such person, and containing immediately below the person's name, in equal size lettering, the word or words: (1) "Chiropractor," "chiropractic physician" or "doctor of chiropractic" for practitioners of chiropractic; (2) "Dentist," "doctor of dental surgery," "oral surgeon," "doctor of dental medicine," "dentist anesthesiologist," and "dental anesthesiology" for practitioners of dentistry; (3) "Medical doctor," "physician," "medical doctor and surgeon," "medicine" or "surgeon," as applicable, for practitioners of medicine and surgery; (4) "Optometrist," "doctor of optometry" or "optometric physician" for practitioners of optometry; (5) "Osteopathic physician," "osteopathic physician and surgeon," "doctor of osteopathic medicine" or "doctor of osteopathy" for practitioners of osteopathy; (6) "Podiatrist," "podiatric physician," "doctor of podiatry," "doctor of podiatric medicine" or "doctor of podiatric medicine and surgery" for practitioners of podiatry; (7) "Advanced practice registered nurse," "nurse practitioner," "nurse anesthetist," "nurse midwife" or "clinical nurse specialist," as applicable, for those practicing advanced practice nursing; (8) "Physician assistant" or "orthopedic physician assistant," as applicable, for those licensed as a physician assistant; (9) "Psychologist" or "doctor of psychology" for practitioners of psychology; (10) "Acupuncturist" for practitioners of acupuncture; and (11) "Certified professional midwife" for those practitioners of midwifery.
(1) "Chiropractor," "chiropractic physician" or "doctor of chiropractic" for practitioners of chiropractic;
(2) "Dentist," "doctor of dental surgery," "oral surgeon," "doctor of dental medicine," "dentist anesthesiologist," and "dental anesthesiology" for practitioners of dentistry;
(3) "Medical doctor," "physician," "medical doctor and surgeon," "medicine" or "surgeon," as applicable, for practitioners of medicine and surgery;
(4) "Optometrist," "doctor of optometry" or "optometric physician" for practitioners of optometry;
(5) "Osteopathic physician," "osteopathic physician and surgeon," "doctor of osteopathic medicine" or "doctor of osteopathy" for practitioners of osteopathy;
(6) "Podiatrist," "podiatric physician," "doctor of podiatry," "doctor of podiatric medicine" or "doctor of podiatric medicine and surgery" for practitioners of podiatry;
(7) "Advanced practice registered nurse," "nurse practitioner," "nurse anesthetist," "nurse midwife" or "clinical nurse specialist," as applicable, for those practicing advanced practice nursing;
(8) "Physician assistant" or "orthopedic physician assistant," as applicable, for those licensed as a physician assistant;
(9) "Psychologist" or "doctor of psychology" for practitioners of psychology;
(10) "Acupuncturist" for practitioners of acupuncture; and
(11) "Certified professional midwife" for those practitioners of midwifery.
(b) Any recognized specialist in any branch of the healing arts, which special field is recognized or approved by the appropriate board licensing that profession, may substitute the specialist designation for the words indicated in subsection (a).
(c) A healthcare practitioner listed in subsection (a) shall also affirmatively communicate the practitioner's specific licensure, as defined in this section by one (1) of the following methods: (1) The healthcare practitioner shall wear a photo identification name tag during all patient encounters that shall include a recent photograph of the licensee, the licensee's full name, and the type of license. The name tag shall be of sufficient size and be worn in a conspicuous manner so as to be visible and apparent; or (2) After January 1, 2012, the healthcare practitioner shall communicate to a patient the practitioner's full name and type of license in writing at the patient's initial office visit.
(1) The healthcare practitioner shall wear a photo identification name tag during all patient encounters that shall include a recent photograph of the licensee, the licensee's full name, and the type of license. The name tag shall be of sufficient size and be worn in a conspicuous manner so as to be visible and apparent; or
(2) After January 1, 2012, the healthcare practitioner shall communicate to a patient the practitioner's full name and type of license in writing at the patient's initial office visit.
(d) For purposes of subsection (c), the type of license shall enunciate one (1) or more of the words listed in subsection (a).
(e) A healthcare practitioner who practices in more than one (1) office shall be required to comply with the requirements in each practice setting.
(f) A healthcare practitioner who does not have an office setting can satisfy the requirements of this section by meeting the conditions set forth in subsection (c).
(g) Healthcare practitioners working in facilities licensed pursuant to title 68, chapter 11, or working in facilities licensed pursuant to title 33, chapter 2, are not subject to the requirements of this section.
(h) Healthcare practitioners working in no-patient care settings and who have no direct patient care interactions are not subject to the requirements of this section.
(i) Any healthcare practitioner who violates this section is guilty of unprofessional conduct and shall be subject to disciplinary action in accordance with the appropriate licensure provisions governing the respective healthcare practitioner. A violation of this section shall not create a private right of action by a patient.
(j) Notwithstanding the imposition of any other penalty, the board which has licensed a particular healthcare practitioner may seek injunctive or other relief as appropriate against that practitioner or any entity for a violation of this section.
(k) A healthcare practitioner, who provides information regarding healthcare services on an internet website that is directly controlled or administered by the healthcare practitioner or the practitioner's agent, shall prominently display on the internet website the practitioner's full name and type of license using one (1) or more of the words listed in subsection (a).
Amended by 2024 Tenn. Acts, ch. 893,s 3, eff. 5/1/2024.
Amended by 2016 Tenn. Acts, ch. 980, s 4, eff. 7/1/2016.
Acts 1947, ch. 9, § 8; C. Supp. 1950, § 6907.8 (Williams, § 6917.25); Acts 1953, ch. 113, § 5; T.C.A. (orig. ed.), § 63-117; Acts 1984, ch. 937, § 70; T.C.A., § 63-1-118 ; Acts 1994, ch. 901, § 5; 2005, ch. 467, § 1; 2011 , ch. 75, § 1.
Tenn. Code Ann. § 63-10-210 — TN Code / Title 63 / Chapter 10 / Section 63-10-210
Registration fees for out-of-state pharmacies mailing into Tennessee
Status: in_force

A pharmacy that dispenses and mails a prescription into Tennessee from another state shall first pay the licensure fee required of a Tennessee pharmacy in accordance with the fees established by the board under the authority of [former] § 63-10-308 [now § 63-10-312 ]. The license fees for out-of-state pharmacies and pharmacists shall not exceed those charged to Tennessee pharmacies and pharmacists. Acts 1996, ch. 970, § 1; T.C.A. § 63-10-410; Acts 2007 , ch. 407, § 6.
A pharmacy that dispenses and mails a prescription into Tennessee from another state shall first pay the licensure fee required of a Tennessee pharmacy in accordance with the fees established by the board under the authority of [former] § 63-10-308 [now § 63-10-312 ]. The license fees for out-of-state pharmacies and pharmacists shall not exceed those charged to Tennessee pharmacies and pharmacists.
Acts 1996, ch. 970, § 1; T.C.A. § 63-10-410; Acts 2007 , ch. 407, § 6.
Tenn. Code Ann. § 63-11-310 — TN Code / Title 63 / Chapter 11 / Section 63-11-310
Compliance with ethical standards - Reporting of disciplinary sanctions - Grounds for forfeiture or nonrenewal of license - Notifications to committee
Status: in_force

(a) All licensees shall comply with their respective certifying entity's Guidelines for Responsible Conduct and Professional Disciplinary and Ethical Standards. (b) Any person licensed under this part who receives disciplinary sanctions from the person's certifying entity shall report such sanctions to the committee within five (5) business days after the disciplinary sanctions have been imposed. Such sanctions may include, but not be limited to, the denial of initial or renewal certification, revocation, suspension, or any other limitation of certification or combination of sanctions. Any licensee who loses certification for any reason shall immediately forfeit their license issued by the committee and shall stop providing ABA services in this state. (c) Other grounds for forfeiture or nonrenewal of a license issued in accordance with this part include: (1) Obtaining or attempting to obtain a license by making a false or misleading statement, failing to make a required statement, or engaging in fraud or deceit in any communication to the committee; (2) Gross or repeated negligence, incompetence, misconduct, or malpractice in professional work including, but not limited to: (A) Any physical or mental condition that currently impairs a licensee's competent professional performance or that poses a substantial risk to the recipient of behavior analysis services; (B) Professional conduct that constitutes an extreme and unjustified deviation from the customary standard of practice accepted in the applied behavior analytic community that creates a serious risk of harm to, or deception of, service recipients; (C) Abandonment of a service recipient resulting in the termination of imminently needed care without adequate notice or provision for transition; (D) Professional record keeping or data collection that constitutes an extreme and unjustified deviation from the customary standard of practice for the field, or deceptively altering a service recipient's records or data; (E) Engaging in blatant fraud, deception, misrepresentation, false promise or pretense, intimidation in the practice of applied behavior analysis, or in solicitation of service recipients; (F) The unauthorized material disclosure of confidential service recipient information; (G) Limitation, sanction, revocation, or suspension by a health care organization, professional organization, or other private or governmental body, relating to behavior analysis practice, public health or safety, or behavior analysis certification or licensure; or (H) Any conviction of a felony or misdemeanor directly relating to behavior analysis practice or public health or safety. (d) Applicants and licensees shall notify the committee of the following within thirty (30) days of their occurrence: (1) A change of name, address, or other vital information; (2) The filing of any criminal charge or civil action against the applicant or licensee; (3) The initiation of any disciplinary charges, investigations, or findings or sanctions by a health care organization, federal or state agency, or other professional association against the licensee; and (4) Any other change in information provided by the applicant or licensee to the committee. (e) An action taken under this section shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 1, part 1 of this title. Amended by 2018 Tenn. Acts, ch. 745, s 28, eff. 7/1/2018. Acts 2014 , ch. 918, § 2.
(a) All licensees shall comply with their respective certifying entity's Guidelines for Responsible Conduct and Professional Disciplinary and Ethical Standards.
(b) Any person licensed under this part who receives disciplinary sanctions from the person's certifying entity shall report such sanctions to the committee within five (5) business days after the disciplinary sanctions have been imposed. Such sanctions may include, but not be limited to, the denial of initial or renewal certification, revocation, suspension, or any other limitation of certification or combination of sanctions. Any licensee who loses certification for any reason shall immediately forfeit their license issued by the committee and shall stop providing ABA services in this state.
(c) Other grounds for forfeiture or nonrenewal of a license issued in accordance with this part include: (1) Obtaining or attempting to obtain a license by making a false or misleading statement, failing to make a required statement, or engaging in fraud or deceit in any communication to the committee; (2) Gross or repeated negligence, incompetence, misconduct, or malpractice in professional work including, but not limited to: (A) Any physical or mental condition that currently impairs a licensee's competent professional performance or that poses a substantial risk to the recipient of behavior analysis services; (B) Professional conduct that constitutes an extreme and unjustified deviation from the customary standard of practice accepted in the applied behavior analytic community that creates a serious risk of harm to, or deception of, service recipients; (C) Abandonment of a service recipient resulting in the termination of imminently needed care without adequate notice or provision for transition; (D) Professional record keeping or data collection that constitutes an extreme and unjustified deviation from the customary standard of practice for the field, or deceptively altering a service recipient's records or data; (E) Engaging in blatant fraud, deception, misrepresentation, false promise or pretense, intimidation in the practice of applied behavior analysis, or in solicitation of service recipients; (F) The unauthorized material disclosure of confidential service recipient information; (G) Limitation, sanction, revocation, or suspension by a health care organization, professional organization, or other private or governmental body, relating to behavior analysis practice, public health or safety, or behavior analysis certification or licensure; or (H) Any conviction of a felony or misdemeanor directly relating to behavior analysis practice or public health or safety.
(1) Obtaining or attempting to obtain a license by making a false or misleading statement, failing to make a required statement, or engaging in fraud or deceit in any communication to the committee;
(2) Gross or repeated negligence, incompetence, misconduct, or malpractice in professional work including, but not limited to: (A) Any physical or mental condition that currently impairs a licensee's competent professional performance or that poses a substantial risk to the recipient of behavior analysis services; (B) Professional conduct that constitutes an extreme and unjustified deviation from the customary standard of practice accepted in the applied behavior analytic community that creates a serious risk of harm to, or deception of, service recipients; (C) Abandonment of a service recipient resulting in the termination of imminently needed care without adequate notice or provision for transition; (D) Professional record keeping or data collection that constitutes an extreme and unjustified deviation from the customary standard of practice for the field, or deceptively altering a service recipient's records or data; (E) Engaging in blatant fraud, deception, misrepresentation, false promise or pretense, intimidation in the practice of applied behavior analysis, or in solicitation of service recipients; (F) The unauthorized material disclosure of confidential service recipient information; (G) Limitation, sanction, revocation, or suspension by a health care organization, professional organization, or other private or governmental body, relating to behavior analysis practice, public health or safety, or behavior analysis certification or licensure; or (H) Any conviction of a felony or misdemeanor directly relating to behavior analysis practice or public health or safety.
(A) Any physical or mental condition that currently impairs a licensee's competent professional performance or that poses a substantial risk to the recipient of behavior analysis services;
(B) Professional conduct that constitutes an extreme and unjustified deviation from the customary standard of practice accepted in the applied behavior analytic community that creates a serious risk of harm to, or deception of, service recipients;
(C) Abandonment of a service recipient resulting in the termination of imminently needed care without adequate notice or provision for transition;
(D) Professional record keeping or data collection that constitutes an extreme and unjustified deviation from the customary standard of practice for the field, or deceptively altering a service recipient's records or data;
(E) Engaging in blatant fraud, deception, misrepresentation, false promise or pretense, intimidation in the practice of applied behavior analysis, or in solicitation of service recipients;
(F) The unauthorized material disclosure of confidential service recipient information;
(G) Limitation, sanction, revocation, or suspension by a health care organization, professional organization, or other private or governmental body, relating to behavior analysis practice, public health or safety, or behavior analysis certification or licensure; or
(H) Any conviction of a felony or misdemeanor directly relating to behavior analysis practice or public health or safety.
(d) Applicants and licensees shall notify the committee of the following within thirty (30) days of their occurrence: (1) A change of name, address, or other vital information; (2) The filing of any criminal charge or civil action against the applicant or licensee; (3) The initiation of any disciplinary charges, investigations, or findings or sanctions by a health care organization, federal or state agency, or other professional association against the licensee; and (4) Any other change in information provided by the applicant or licensee to the committee.
(1) A change of name, address, or other vital information;
(2) The filing of any criminal charge or civil action against the applicant or licensee;
(3) The initiation of any disciplinary charges, investigations, or findings or sanctions by a health care organization, federal or state agency, or other professional association against the licensee; and
(4) Any other change in information provided by the applicant or licensee to the committee.
(e) An action taken under this section shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 1, part 1 of this title.
Amended by 2018 Tenn. Acts, ch. 745, s 28, eff. 7/1/2018.
Acts 2014 , ch. 918, § 2.
Tenn. Code Ann. § 63-23-205 — TN Code / Title 63 / Chapter 23 / Section 63-23-205
Issuance of a multistate license
Status: in_force

(a) Upon receipt of an application for multistate license, the home state licensing authority shall determine the applicant's eligibility for a multistate license in accordance with § 63-23-204 . (b) If such applicant is eligible pursuant to § 63-23-204 , the home state licensing authority must issue a multistate license that authorizes the applicant or regulated social worker to practice in all member states under a multistate authorization to practice. (c) Upon issuance of a multistate license, the home state licensing authority must designate whether the regulated social worker holds a multistate license in the bachelor's, master's, or clinical category of social work. (d) A multistate license issued by a home state to a resident in that state must be recognized by all compact member states as authorizing social work practice under a multistate authorization to practice corresponding to each category of licensure regulated in each member state. Added by 2024 Tenn. Acts, ch. 1041,s 1, eff. 7/1/2024.
(a) Upon receipt of an application for multistate license, the home state licensing authority shall determine the applicant's eligibility for a multistate license in accordance with § 63-23-204 .
(b) If such applicant is eligible pursuant to § 63-23-204 , the home state licensing authority must issue a multistate license that authorizes the applicant or regulated social worker to practice in all member states under a multistate authorization to practice.
(c) Upon issuance of a multistate license, the home state licensing authority must designate whether the regulated social worker holds a multistate license in the bachelor's, master's, or clinical category of social work.
(d) A multistate license issued by a home state to a resident in that state must be recognized by all compact member states as authorizing social work practice under a multistate authorization to practice corresponding to each category of licensure regulated in each member state.
Added by 2024 Tenn. Acts, ch. 1041,s 1, eff. 7/1/2024.
Tenn. Code Ann. § 63-17-206 — TN Code / Title 63 / Chapter 17 / Section 63-17-206
Construction - Application
Status: in_force

(a) This part shall not be construed to prevent any person who is a physician licensed to practice by the board of medical examiners from treating or fitting hearing instruments to the human ear. (b) It is lawful for any person, who meets the requirements of §§ 63-17-205 and 63-17-207 and, who is listed as an apprentice licensee applicant with the council and who is under the direct supervision of a sponsoring licensed hearing instrument specialist to perform any of the services or acts included in the definition of hearing instrument dispensing and fitting as contained in this part; provided, that such person does so under the direct supervision of the licensed hearing instrument specialist and with the licensed dispenser making final selection and fitting to the client. No licensed dispenser shall supervise more than two (2) such apprentice licensee applicants or apprentice licensees combined at the same time. (c) This part shall not be construed to prevent any person who is an audiologist licensed by the board from practicing audiology as defined in § 63-17-103 , nor to prevent any person who is a speech-language pathologist licensed by the board from practicing speech-language pathology as defined in § 63-17-103 . Acts 1995, ch. 481, § 8.
(a) This part shall not be construed to prevent any person who is a physician licensed to practice by the board of medical examiners from treating or fitting hearing instruments to the human ear.
(b) It is lawful for any person, who meets the requirements of §§ 63-17-205 and 63-17-207 and, who is listed as an apprentice licensee applicant with the council and who is under the direct supervision of a sponsoring licensed hearing instrument specialist to perform any of the services or acts included in the definition of hearing instrument dispensing and fitting as contained in this part; provided, that such person does so under the direct supervision of the licensed hearing instrument specialist and with the licensed dispenser making final selection and fitting to the client. No licensed dispenser shall supervise more than two (2) such apprentice licensee applicants or apprentice licensees combined at the same time.
(c) This part shall not be construed to prevent any person who is an audiologist licensed by the board from practicing audiology as defined in § 63-17-103 , nor to prevent any person who is a speech-language pathologist licensed by the board from practicing speech-language pathology as defined in § 63-17-103 .
Acts 1995, ch. 481, § 8.
Tenn. Code Ann. § 63-9-106 — TN Code / Title 63 / Chapter 9 / Section 63-9-106
Right of licensees to practice - Cross-referrals
Status: in_force

(a) Upon the issuance of a certificate of fitness by the board and the issuance of a license and a certificate of registration by the division as provided in chapter 1 of this title, the person receiving the same shall be entitled to practice in any county of this state osteopathic medicine, which is defined as a separate, complete and independent school of medicine and surgery utilizing full methods of diagnosis and treatment of physical and mental health and disease, including the prescription and administration of drugs, medicines and biologicals, operative surgery, obstetrics and radiological and other electromagnetic emissions, which places special emphasis on the interrelationship of the musculoskeletal system to other body systems as taught and practiced by recognized associated colleges of osteopathic medicine. (b) (1) The provisions of chapter 6, part 6 of this title relative to cross-referral arrangements and physician ownership and investment interests in and referrals to a health care entity shall apply to any person practicing osteopathic medicine in this state. (2) Any osteopathic physician who makes or causes to be made a referral prohibited pursuant to subdivision (b)(1) is in violation of this chapter as of the dates specified in chapter 6, part 6 of this title. Willful violations of subdivision (b)(1) are considered unprofessional conduct, subject to licensure sanctions by the board of osteopathic examination, including suspension, revocation or other restriction deemed appropriate by the board. In addition, the board is authorized to impose civil penalties of an amount up to five thousand dollars ($5,000) for each prohibited referral. (c) When medical training and specialty board certification are considerations in the credentialing of osteopathic physicians, no state board, commission or department, created or existing, or hospital, health care facility, medical staff, professional service corporation or professional limited liability corporation, health maintenance organization, preferred provider organization, independent practice association, managed care organization, health plan or any other insurance provider shall discriminate, on the basis of education, against eligible osteopathic physicians who have: (1) Graduated from medical school and postdoctoral programs approved by either the American Osteopathic Association or the Accreditation Council for Graduate Medical Education; or (2) Been awarded board eligibility or board certification by specialty boards recognized by either the American Osteopathic Association or the American Board of Medical Specialties. Acts 1905, ch. 255, § 5; Shan., § 3654a8; Code 1932, § 7007; Acts 1939, ch. 150, § 1; impl. am. Acts 1947, ch. 9, §§ 2-4, 9; C. Supp. 1950, § 7007; T.C.A. (orig. ed.), § 63-907; Acts 1994, ch. 901, §§1, 4; 1997 , ch. 285, § 1.
(a) Upon the issuance of a certificate of fitness by the board and the issuance of a license and a certificate of registration by the division as provided in chapter 1 of this title, the person receiving the same shall be entitled to practice in any county of this state osteopathic medicine, which is defined as a separate, complete and independent school of medicine and surgery utilizing full methods of diagnosis and treatment of physical and mental health and disease, including the prescription and administration of drugs, medicines and biologicals, operative surgery, obstetrics and radiological and other electromagnetic emissions, which places special emphasis on the interrelationship of the musculoskeletal system to other body systems as taught and practiced by recognized associated colleges of osteopathic medicine.
(b) (1) The provisions of chapter 6, part 6 of this title relative to cross-referral arrangements and physician ownership and investment interests in and referrals to a health care entity shall apply to any person practicing osteopathic medicine in this state. (2) Any osteopathic physician who makes or causes to be made a referral prohibited pursuant to subdivision (b)(1) is in violation of this chapter as of the dates specified in chapter 6, part 6 of this title. Willful violations of subdivision (b)(1) are considered unprofessional conduct, subject to licensure sanctions by the board of osteopathic examination, including suspension, revocation or other restriction deemed appropriate by the board. In addition, the board is authorized to impose civil penalties of an amount up to five thousand dollars ($5,000) for each prohibited referral.
(1) The provisions of chapter 6, part 6 of this title relative to cross-referral arrangements and physician ownership and investment interests in and referrals to a health care entity shall apply to any person practicing osteopathic medicine in this state.
(2) Any osteopathic physician who makes or causes to be made a referral prohibited pursuant to subdivision (b)(1) is in violation of this chapter as of the dates specified in chapter 6, part 6 of this title. Willful violations of subdivision (b)(1) are considered unprofessional conduct, subject to licensure sanctions by the board of osteopathic examination, including suspension, revocation or other restriction deemed appropriate by the board. In addition, the board is authorized to impose civil penalties of an amount up to five thousand dollars ($5,000) for each prohibited referral.
(c) When medical training and specialty board certification are considerations in the credentialing of osteopathic physicians, no state board, commission or department, created or existing, or hospital, health care facility, medical staff, professional service corporation or professional limited liability corporation, health maintenance organization, preferred provider organization, independent practice association, managed care organization, health plan or any other insurance provider shall discriminate, on the basis of education, against eligible osteopathic physicians who have: (1) Graduated from medical school and postdoctoral programs approved by either the American Osteopathic Association or the Accreditation Council for Graduate Medical Education; or (2) Been awarded board eligibility or board certification by specialty boards recognized by either the American Osteopathic Association or the American Board of Medical Specialties.
(1) Graduated from medical school and postdoctoral programs approved by either the American Osteopathic Association or the Accreditation Council for Graduate Medical Education; or
(2) Been awarded board eligibility or board certification by specialty boards recognized by either the American Osteopathic Association or the American Board of Medical Specialties.
Acts 1905, ch. 255, § 5; Shan., § 3654a8; Code 1932, § 7007; Acts 1939, ch. 150, § 1; impl. am. Acts 1947, ch. 9, §§ 2-4, 9; C. Supp. 1950, § 7007; T.C.A. (orig. ed.), § 63-907; Acts 1994, ch. 901, §§1, 4; 1997 , ch. 285, § 1.
Tenn. Code Ann. § 63-7-123 — TN Code / Title 63 / Chapter 7 / Section 63-7-123
Certified nurse practitioners - Drug prescriptions - Temporary certificate - Rules and regulations
Status: in_force

(a) The board shall issue a certificate of fitness to nurse practitioners who meet the qualifications, competencies, training, education and experience, pursuant to § 63-7-207(14) , sufficient to prepare such persons to write and sign prescriptions and/or issue drugs within the limitations and provisions of § 63-1-132 . (b) (1) A nurse who has been issued a certificate of fitness as a nurse practitioner pursuant to § 63-7-207 and this section shall file a notice with the board, containing the name of the nurse practitioner, the name of the licensed physician collaborating with the nurse practitioner who has control and responsibility for prescriptive services rendered by the nurse practitioner, and a copy of the formulary describing the categories of legend drugs to be prescribed and/or issued by the nurse practitioner. The nurse practitioner shall be responsible for updating this information. (2) (A) The nurse practitioner who holds a certificate of fitness shall be authorized to prescribe and/or issue controlled substances listed in Schedules II, III, IV, and V of title 39, chapter 17, part 4, upon joint adoption of physician collaboration rules concerning controlled substances pursuant to subsection (d). (B) Notwithstanding subdivision (b)(2)(A), a nurse practitioner shall not prescribe Schedules II, III, and IV controlled substances unless such prescription is specifically authorized by the formulary or expressly approved after consultation with the collaborating physician before the initial issuance of the prescription or dispensing of the medication. (C) A nurse practitioner who had been issued a certificate of fitness may only prescribe or issue a Schedule II or III opioid listed on the formulary for a maximum of a non-refillable, thirty-day course of treatment unless specifically approved after consultation with the collaborating physician before the initial issuance of the prescription or dispensing of the medication. This subdivision (b)(2)(C) shall not apply to prescriptions issued in a hospital, a nursing home licensed under title 68, or inpatient facilities licensed under title 33. (3) (A) Any prescription written and signed or drug issued by a nurse practitioner under collaboration with and the control of a collaborating physician shall be deemed to be that of the nurse practitioner. Every prescription issued by a nurse practitioner pursuant to this section shall be entered in the medical records of the patient and shall be written on a preprinted prescription pad bearing the name, address, and telephone number of the collaborating physician and of the nurse practitioner, and the nurse practitioner shall sign each prescription so written. Where the preprinted prescription pad contains the names of more than one (1) physician, the nurse practitioner shall indicate on the prescription which of those physicians is the nurse practitioner's primary collaborating physician by placing a checkmark beside or a circle around the name of that physician. (B) Any handwritten prescription order for a drug prepared by a nurse practitioner 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 nurse practitioner, 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 nurse practitioner must sign the handwritten prescription order on the day it is issued, unless the prescription order is: (i) Issued as a standing order in a hospital, a nursing home or an assisted care living facility as defined in § 68-11-201 ; or (ii) Prescribed by a nurse practitioner in the department of health or local health departments or dispensed by the department of health or a local health department as stipulated in § 63-10-205 . (C) Any typed or computer-generated prescription order for a drug issued by a nurse practitioner 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 nurse practitioner, 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 nurse practitioner must sign the typed or computer-generated prescription order on the day it is issued, unless the prescription order is: (i) Issued as a standing order in a hospital, nursing home or an assisted care living facility as defined in § 68-11-201 ; or (ii) Prescribed by a nurse practitioner in the department of health or local health departments or dispensed by the department of health or a local health department as stipulated in § 63-10-205 . (D) Nothing in this section shall be construed to prevent a nurse practitioner from issuing a verbal prescription order. (E) (i) 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. (ii) Subdivision (b)(3)(E)(i) 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. (4) The nurse practitioner shall maintain a copy of the protocol the nurse practitioner is using at the nurse practitioner's practice location and shall make the protocol available upon request by the board of nursing, the board of medical examiners or authorized agents of either board. (5) An advanced practice registered nurse with a certificate of fitness issued pursuant to this chapter, who provides services in a free clinic as defined in § 63-6-703 or engages in the voluntary provision of healthcare services as defined in § 63-6-703 , may arrange for required personal review of the nurse's charts by a collaborating physician in the office or practice site of the physician or remotely via HIPAA-compliant electronic means rather than at the site of the clinic. For purposes of this subdivision (b)(5), "HIPAA-compliant" means that the entity has implemented technical policies and procedures for electronic information systems that meet the requirements of 45 CFR 164.312 . (6) An advanced practice registered nurse with a certificate of fitness issued pursuant to this chapter, who provides services in a community mental health center as defined in § 33-1-101 or federally qualified health center as defined in § 63-10-601 , may arrange for the required personal review of the advanced practice registered nurse's charts by a collaborating physician, with the same authority to render prescriptive services that the nurse practitioner is authorized to render, in the office or practice site of the physician, or the required visit by a collaborating physician to any remote site, or both, via HIPAA-compliant electronic means rather than at the site of the clinic. For purposes of this subdivision (b)(6), "HIPAA-compliant" means that the entity has implemented technical policies and procedures for electronic information systems that meet the requirements of 45 C.F.R. § 164.312 . (7) Except for subdivisions (b)(5) and (6): (A) An advanced practice registered nurse with a certificate of fitness issued pursuant to this chapter, who provides services at a site remote from the advanced practice registered nurse's collaborating physician's practice site, may arrange for the required personal review of the advanced practice registered nurse's charts by a collaborating physician either via HIPAA-compliant electronic means or in person; (B) An advanced practice registered nurse with a certificate of fitness issued pursuant to this chapter may arrange for up to ten (10) of the required annual remote site visits by a collaborating physician by HIPAA-compliant electronic means rather than at the site of the clinic. All other of the required site visits by a collaborating physician to a remote site must take place in person at the site of the clinic; (C) For purposes of this subdivision (b)(7): (i) "Annual" means a rolling twelve-month period; and (ii) "HIPAA-compliant" means that the entity has implemented technical policies and procedures for electronic information systems that meet the requirements of 45 C.F.R. § 164.312 . (c) (1) The board may issue a temporary certificate of fitness to a registered nurse who: (A) Is licensed to practice in Tennessee; (B) Has a master's degree in a nursing clinical specialty area with preparation in specialized practitioner skills that includes three (3) quarter hours of pharmacology instruction or its equivalent; and (C) Has applied for examination and/or is awaiting examination results for national certification as a first-time examinee in an appropriate nursing specialty area. (2) Such temporary certificate shall remain valid until the examination results are obtained. The holder of a temporary certificate issued under this subsection (c) who has not received the results of the examination shall work only under the supervision and control of a certified nurse practitioner or physician. (d) Any rules that purport to regulate the collaboration of nurse practitioners with physicians shall be jointly adopted by the board of medical examiners and the board of nursing. Amended by 2022 Tenn. Acts, ch. 949, Secs.s 1, s 2 eff. 4/29/2022. Amended by 2019 Tenn. Acts, ch. 183, s 1, eff. 4/23/2019. Amended by 2018 Tenn. Acts, ch. 883, s 6, eff. 1/1/2019. Amended by 2017 Tenn. Acts, ch. 334, Secs.s 3, s 4, s 5 eff. 7/1/2017. Amended by 2017 Tenn. Acts, ch. 334, s 2, eff. 7/1/2017. Amended by 2016 Tenn. Acts, ch. 980, s 12, eff. 7/1/2016. Amended by 2016 Tenn. Acts, ch. 769, s 1, eff. 4/19/2016. Amended by 2013 Tenn. Acts, ch. 396, s 1, eff. 7/1/2013. Amended by 2013 Tenn. Acts, ch. 74,s 5, eff. 4/1/2013. Acts 1980, ch. 851, § 4; T.C.A., § 63-760; Acts 1985, ch. 120, § 9; 1992, ch. 822, § 1; 1994, ch. 569, § 2; 1995, ch. 358, § 1; 1996, ch. 659, § 2; 1997 , ch. 507, § 2; 1998, ch. 842, §§ 2, 3; 2003 , ch. 259, § 1; 2004, ch. 678, § 9; 2005, ch. 12, § 4; 2008 , ch. 1035, §§ 5, 9; 2010 , ch. 795, §§ 6, 17.
(a) The board shall issue a certificate of fitness to nurse practitioners who meet the qualifications, competencies, training, education and experience, pursuant to § 63-7-207(14) , sufficient to prepare such persons to write and sign prescriptions and/or issue drugs within the limitations and provisions of § 63-1-132 .
(b) (1) A nurse who has been issued a certificate of fitness as a nurse practitioner pursuant to § 63-7-207 and this section shall file a notice with the board, containing the name of the nurse practitioner, the name of the licensed physician collaborating with the nurse practitioner who has control and responsibility for prescriptive services rendered by the nurse practitioner, and a copy of the formulary describing the categories of legend drugs to be prescribed and/or issued by the nurse practitioner. The nurse practitioner shall be responsible for updating this information. (2) (A) The nurse practitioner who holds a certificate of fitness shall be authorized to prescribe and/or issue controlled substances listed in Schedules II, III, IV, and V of title 39, chapter 17, part 4, upon joint adoption of physician collaboration rules concerning controlled substances pursuant to subsection (d). (B) Notwithstanding subdivision (b)(2)(A), a nurse practitioner shall not prescribe Schedules II, III, and IV controlled substances unless such prescription is specifically authorized by the formulary or expressly approved after consultation with the collaborating physician before the initial issuance of the prescription or dispensing of the medication. (C) A nurse practitioner who had been issued a certificate of fitness may only prescribe or issue a Schedule II or III opioid listed on the formulary for a maximum of a non-refillable, thirty-day course of treatment unless specifically approved after consultation with the collaborating physician before the initial issuance of the prescription or dispensing of the medication. This subdivision (b)(2)(C) shall not apply to prescriptions issued in a hospital, a nursing home licensed under title 68, or inpatient facilities licensed under title 33. (3) (A) Any prescription written and signed or drug issued by a nurse practitioner under collaboration with and the control of a collaborating physician shall be deemed to be that of the nurse practitioner. Every prescription issued by a nurse practitioner pursuant to this section shall be entered in the medical records of the patient and shall be written on a preprinted prescription pad bearing the name, address, and telephone number of the collaborating physician and of the nurse practitioner, and the nurse practitioner shall sign each prescription so written. Where the preprinted prescription pad contains the names of more than one (1) physician, the nurse practitioner shall indicate on the prescription which of those physicians is the nurse practitioner's primary collaborating physician by placing a checkmark beside or a circle around the name of that physician. (B) Any handwritten prescription order for a drug prepared by a nurse practitioner 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 nurse practitioner, 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 nurse practitioner must sign the handwritten prescription order on the day it is issued, unless the prescription order is: (i) Issued as a standing order in a hospital, a nursing home or an assisted care living facility as defined in § 68-11-201 ; or (ii) Prescribed by a nurse practitioner in the department of health or local health departments or dispensed by the department of health or a local health department as stipulated in § 63-10-205 . (C) Any typed or computer-generated prescription order for a drug issued by a nurse practitioner 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 nurse practitioner, 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 nurse practitioner must sign the typed or computer-generated prescription order on the day it is issued, unless the prescription order is: (i) Issued as a standing order in a hospital, nursing home or an assisted care living facility as defined in § 68-11-201 ; or (ii) Prescribed by a nurse practitioner in the department of health or local health departments or dispensed by the department of health or a local health department as stipulated in § 63-10-205 . (D) Nothing in this section shall be construed to prevent a nurse practitioner from issuing a verbal prescription order. (E) (i) 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. (ii) Subdivision (b)(3)(E)(i) 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. (4) The nurse practitioner shall maintain a copy of the protocol the nurse practitioner is using at the nurse practitioner's practice location and shall make the protocol available upon request by the board of nursing, the board of medical examiners or authorized agents of either board. (5) An advanced practice registered nurse with a certificate of fitness issued pursuant to this chapter, who provides services in a free clinic as defined in § 63-6-703 or engages in the voluntary provision of healthcare services as defined in § 63-6-703 , may arrange for required personal review of the nurse's charts by a collaborating physician in the office or practice site of the physician or remotely via HIPAA-compliant electronic means rather than at the site of the clinic. For purposes of this subdivision (b)(5), "HIPAA-compliant" means that the entity has implemented technical policies and procedures for electronic information systems that meet the requirements of 45 CFR 164.312 . (6) An advanced practice registered nurse with a certificate of fitness issued pursuant to this chapter, who provides services in a community mental health center as defined in § 33-1-101 or federally qualified health center as defined in § 63-10-601 , may arrange for the required personal review of the advanced practice registered nurse's charts by a collaborating physician, with the same authority to render prescriptive services that the nurse practitioner is authorized to render, in the office or practice site of the physician, or the required visit by a collaborating physician to any remote site, or both, via HIPAA-compliant electronic means rather than at the site of the clinic. For purposes of this subdivision (b)(6), "HIPAA-compliant" means that the entity has implemented technical policies and procedures for electronic information systems that meet the requirements of 45 C.F.R. § 164.312 . (7) Except for subdivisions (b)(5) and (6): (A) An advanced practice registered nurse with a certificate of fitness issued pursuant to this chapter, who provides services at a site remote from the advanced practice registered nurse's collaborating physician's practice site, may arrange for the required personal review of the advanced practice registered nurse's charts by a collaborating physician either via HIPAA-compliant electronic means or in person; (B) An advanced practice registered nurse with a certificate of fitness issued pursuant to this chapter may arrange for up to ten (10) of the required annual remote site visits by a collaborating physician by HIPAA-compliant electronic means rather than at the site of the clinic. All other of the required site visits by a collaborating physician to a remote site must take place in person at the site of the clinic; (C) For purposes of this subdivision (b)(7): (i) "Annual" means a rolling twelve-month period; and (ii) "HIPAA-compliant" means that the entity has implemented technical policies and procedures for electronic information systems that meet the requirements of 45 C.F.R. § 164.312 .
(1) A nurse who has been issued a certificate of fitness as a nurse practitioner pursuant to § 63-7-207 and this section shall file a notice with the board, containing the name of the nurse practitioner, the name of the licensed physician collaborating with the nurse practitioner who has control and responsibility for prescriptive services rendered by the nurse practitioner, and a copy of the formulary describing the categories of legend drugs to be prescribed and/or issued by the nurse practitioner. The nurse practitioner shall be responsible for updating this information.
(2) (A) The nurse practitioner who holds a certificate of fitness shall be authorized to prescribe and/or issue controlled substances listed in Schedules II, III, IV, and V of title 39, chapter 17, part 4, upon joint adoption of physician collaboration rules concerning controlled substances pursuant to subsection (d). (B) Notwithstanding subdivision (b)(2)(A), a nurse practitioner shall not prescribe Schedules II, III, and IV controlled substances unless such prescription is specifically authorized by the formulary or expressly approved after consultation with the collaborating physician before the initial issuance of the prescription or dispensing of the medication. (C) A nurse practitioner who had been issued a certificate of fitness may only prescribe or issue a Schedule II or III opioid listed on the formulary for a maximum of a non-refillable, thirty-day course of treatment unless specifically approved after consultation with the collaborating physician before the initial issuance of the prescription or dispensing of the medication. This subdivision (b)(2)(C) shall not apply to prescriptions issued in a hospital, a nursing home licensed under title 68, or inpatient facilities licensed under title 33.
(A) The nurse practitioner who holds a certificate of fitness shall be authorized to prescribe and/or issue controlled substances listed in Schedules II, III, IV, and V of title 39, chapter 17, part 4, upon joint adoption of physician collaboration rules concerning controlled substances pursuant to subsection (d).
(B) Notwithstanding subdivision (b)(2)(A), a nurse practitioner shall not prescribe Schedules II, III, and IV controlled substances unless such prescription is specifically authorized by the formulary or expressly approved after consultation with the collaborating physician before the initial issuance of the prescription or dispensing of the medication.
(C) A nurse practitioner who had been issued a certificate of fitness may only prescribe or issue a Schedule II or III opioid listed on the formulary for a maximum of a non-refillable, thirty-day course of treatment unless specifically approved after consultation with the collaborating physician before the initial issuance of the prescription or dispensing of the medication. This subdivision (b)(2)(C) shall not apply to prescriptions issued in a hospital, a nursing home licensed under title 68, or inpatient facilities licensed under title 33.
(3) (A) Any prescription written and signed or drug issued by a nurse practitioner under collaboration with and the control of a collaborating physician shall be deemed to be that of the nurse practitioner. Every prescription issued by a nurse practitioner pursuant to this section shall be entered in the medical records of the patient and shall be written on a preprinted prescription pad bearing the name, address, and telephone number of the collaborating physician and of the nurse practitioner, and the nurse practitioner shall sign each prescription so written. Where the preprinted prescription pad contains the names of more than one (1) physician, the nurse practitioner shall indicate on the prescription which of those physicians is the nurse practitioner's primary collaborating physician by placing a checkmark beside or a circle around the name of that physician. (B) Any handwritten prescription order for a drug prepared by a nurse practitioner 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 nurse practitioner, 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 nurse practitioner must sign the handwritten prescription order on the day it is issued, unless the prescription order is: (i) Issued as a standing order in a hospital, a nursing home or an assisted care living facility as defined in § 68-11-201 ; or (ii) Prescribed by a nurse practitioner in the department of health or local health departments or dispensed by the department of health or a local health department as stipulated in § 63-10-205 . (C) Any typed or computer-generated prescription order for a drug issued by a nurse practitioner 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 nurse practitioner, 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 nurse practitioner must sign the typed or computer-generated prescription order on the day it is issued, unless the prescription order is: (i) Issued as a standing order in a hospital, nursing home or an assisted care living facility as defined in § 68-11-201 ; or (ii) Prescribed by a nurse practitioner in the department of health or local health departments or dispensed by the department of health or a local health department as stipulated in § 63-10-205 . (D) Nothing in this section shall be construed to prevent a nurse practitioner from issuing a verbal prescription order. (E) (i) 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. (ii) Subdivision (b)(3)(E)(i) 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.
(A) Any prescription written and signed or drug issued by a nurse practitioner under collaboration with and the control of a collaborating physician shall be deemed to be that of the nurse practitioner. Every prescription issued by a nurse practitioner pursuant to this section shall be entered in the medical records of the patient and shall be written on a preprinted prescription pad bearing the name, address, and telephone number of the collaborating physician and of the nurse practitioner, and the nurse practitioner shall sign each prescription so written. Where the preprinted prescription pad contains the names of more than one (1) physician, the nurse practitioner shall indicate on the prescription which of those physicians is the nurse practitioner's primary collaborating physician by placing a checkmark beside or a circle around the name of that physician.
(B) Any handwritten prescription order for a drug prepared by a nurse practitioner 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 nurse practitioner, 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 nurse practitioner must sign the handwritten prescription order on the day it is issued, unless the prescription order is: (i) Issued as a standing order in a hospital, a nursing home or an assisted care living facility as defined in § 68-11-201 ; or (ii) Prescribed by a nurse practitioner in the department of health or local health departments or dispensed by the department of health or a local health department as stipulated in § 63-10-205 .
(i) Issued as a standing order in a hospital, a nursing home or an assisted care living facility as defined in § 68-11-201 ; or
(ii) Prescribed by a nurse practitioner in the department of health or local health departments or dispensed by the department of health or a local health department as stipulated in § 63-10-205 .
(C) Any typed or computer-generated prescription order for a drug issued by a nurse practitioner 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 nurse practitioner, 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 nurse practitioner must sign the typed or computer-generated prescription order on the day it is issued, unless the prescription order is: (i) Issued as a standing order in a hospital, nursing home or an assisted care living facility as defined in § 68-11-201 ; or (ii) Prescribed by a nurse practitioner in the department of health or local health departments or dispensed by the department of health or a local health department as stipulated in § 63-10-205 .
(i) Issued as a standing order in a hospital, nursing home or an assisted care living facility as defined in § 68-11-201 ; or
(ii) Prescribed by a nurse practitioner in the department of health or local health departments or dispensed by the department of health or a local health department as stipulated in § 63-10-205 .
(D) Nothing in this section shall be construed to prevent a nurse practitioner from issuing a verbal prescription order.
(E) (i) 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. (ii) Subdivision (b)(3)(E)(i) 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.
(i) 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.
(ii) Subdivision (b)(3)(E)(i) 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.
(4) The nurse practitioner shall maintain a copy of the protocol the nurse practitioner is using at the nurse practitioner's practice location and shall make the protocol available upon request by the board of nursing, the board of medical examiners or authorized agents of either board.
(5) An advanced practice registered nurse with a certificate of fitness issued pursuant to this chapter, who provides services in a free clinic as defined in § 63-6-703 or engages in the voluntary provision of healthcare services as defined in § 63-6-703 , may arrange for required personal review of the nurse's charts by a collaborating physician in the office or practice site of the physician or remotely via HIPAA-compliant electronic means rather than at the site of the clinic. For purposes of this subdivision (b)(5), "HIPAA-compliant" means that the entity has implemented technical policies and procedures for electronic information systems that meet the requirements of 45 CFR 164.312 .
(6) An advanced practice registered nurse with a certificate of fitness issued pursuant to this chapter, who provides services in a community mental health center as defined in § 33-1-101 or federally qualified health center as defined in § 63-10-601 , may arrange for the required personal review of the advanced practice registered nurse's charts by a collaborating physician, with the same authority to render prescriptive services that the nurse practitioner is authorized to render, in the office or practice site of the physician, or the required visit by a collaborating physician to any remote site, or both, via HIPAA-compliant electronic means rather than at the site of the clinic. For purposes of this subdivision (b)(6), "HIPAA-compliant" means that the entity has implemented technical policies and procedures for electronic information systems that meet the requirements of 45 C.F.R. § 164.312 .
(7) Except for subdivisions (b)(5) and (6): (A) An advanced practice registered nurse with a certificate of fitness issued pursuant to this chapter, who provides services at a site remote from the advanced practice registered nurse's collaborating physician's practice site, may arrange for the required personal review of the advanced practice registered nurse's charts by a collaborating physician either via HIPAA-compliant electronic means or in person; (B) An advanced practice registered nurse with a certificate of fitness issued pursuant to this chapter may arrange for up to ten (10) of the required annual remote site visits by a collaborating physician by HIPAA-compliant electronic means rather than at the site of the clinic. All other of the required site visits by a collaborating physician to a remote site must take place in person at the site of the clinic; (C) For purposes of this subdivision (b)(7): (i) "Annual" means a rolling twelve-month period; and (ii) "HIPAA-compliant" means that the entity has implemented technical policies and procedures for electronic information systems that meet the requirements of 45 C.F.R. § 164.312 .
(A) An advanced practice registered nurse with a certificate of fitness issued pursuant to this chapter, who provides services at a site remote from the advanced practice registered nurse's collaborating physician's practice site, may arrange for the required personal review of the advanced practice registered nurse's charts by a collaborating physician either via HIPAA-compliant electronic means or in person;
(B) An advanced practice registered nurse with a certificate of fitness issued pursuant to this chapter may arrange for up to ten (10) of the required annual remote site visits by a collaborating physician by HIPAA-compliant electronic means rather than at the site of the clinic. All other of the required site visits by a collaborating physician to a remote site must take place in person at the site of the clinic;
(C) For purposes of this subdivision (b)(7): (i) "Annual" means a rolling twelve-month period; and (ii) "HIPAA-compliant" means that the entity has implemented technical policies and procedures for electronic information systems that meet the requirements of 45 C.F.R. § 164.312 .
(i) "Annual" means a rolling twelve-month period; and
(ii) "HIPAA-compliant" means that the entity has implemented technical policies and procedures for electronic information systems that meet the requirements of 45 C.F.R. § 164.312 .
(c) (1) The board may issue a temporary certificate of fitness to a registered nurse who: (A) Is licensed to practice in Tennessee; (B) Has a master's degree in a nursing clinical specialty area with preparation in specialized practitioner skills that includes three (3) quarter hours of pharmacology instruction or its equivalent; and (C) Has applied for examination and/or is awaiting examination results for national certification as a first-time examinee in an appropriate nursing specialty area. (2) Such temporary certificate shall remain valid until the examination results are obtained. The holder of a temporary certificate issued under this subsection (c) who has not received the results of the examination shall work only under the supervision and control of a certified nurse practitioner or physician.
(1) The board may issue a temporary certificate of fitness to a registered nurse who: (A) Is licensed to practice in Tennessee; (B) Has a master's degree in a nursing clinical specialty area with preparation in specialized practitioner skills that includes three (3) quarter hours of pharmacology instruction or its equivalent; and (C) Has applied for examination and/or is awaiting examination results for national certification as a first-time examinee in an appropriate nursing specialty area.
(A) Is licensed to practice in Tennessee;
(B) Has a master's degree in a nursing clinical specialty area with preparation in specialized practitioner skills that includes three (3) quarter hours of pharmacology instruction or its equivalent; and
(C) Has applied for examination and/or is awaiting examination results for national certification as a first-time examinee in an appropriate nursing specialty area.
(2) Such temporary certificate shall remain valid until the examination results are obtained. The holder of a temporary certificate issued under this subsection (c) who has not received the results of the examination shall work only under the supervision and control of a certified nurse practitioner or physician.
(d) Any rules that purport to regulate the collaboration of nurse practitioners with physicians shall be jointly adopted by the board of medical examiners and the board of nursing.
Amended by 2022 Tenn. Acts, ch. 949, Secs.s 1, s 2 eff. 4/29/2022.
Amended by 2019 Tenn. Acts, ch. 183, s 1, eff. 4/23/2019.
Amended by 2018 Tenn. Acts, ch. 883, s 6, eff. 1/1/2019.
Amended by 2017 Tenn. Acts, ch. 334, Secs.s 3, s 4, s 5 eff. 7/1/2017.
Amended by 2017 Tenn. Acts, ch. 334, s 2, eff. 7/1/2017.
Amended by 2016 Tenn. Acts, ch. 980, s 12, eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 769, s 1, eff. 4/19/2016.
Amended by 2013 Tenn. Acts, ch. 396, s 1, eff. 7/1/2013.
Amended by 2013 Tenn. Acts, ch. 74,s 5, eff. 4/1/2013.
Acts 1980, ch. 851, § 4; T.C.A., § 63-760; Acts 1985, ch. 120, § 9; 1992, ch. 822, § 1; 1994, ch. 569, § 2; 1995, ch. 358, § 1; 1996, ch. 659, § 2; 1997 , ch. 507, § 2; 1998, ch. 842, §§ 2, 3; 2003 , ch. 259, § 1; 2004, ch. 678, § 9; 2005, ch. 12, § 4; 2008 , ch. 1035, §§ 5, 9; 2010 , ch. 795, §§ 6, 17.
Tenn. Code Ann. § 63-5-108 — TN Code / Title 63 / Chapter 5 / Section 63-5-108
Practice of dentistry and dental hygiene defined
Status: in_force

(a) Dentistry is defined as the evaluation, diagnosis, prevention and/or treatment, by nonsurgical, surgical or related procedures, of diseases, disorders and/or conditions of the oral cavity, maxillofacial area and/or the adjacent and associated structures and their impact on the human body, provided by a dentist within the scope of such dentist's education, training, and experience, in accordance with the ethics of the profession and applicable law. (b) Any person is deemed to be practicing dentistry who, either gratuitously or for a salary, fee, money or other remuneration, paid or to be paid, directly to the operator or to any person or agency: (1) Diagnoses, prescribes for or treats any disease, pain, deformity, deficiency, injury, disorder and condition of the oral cavity, maxillofacial area and the adjacent and associated structures and their impact on the human body. Such diagnosis and treatment may include the use of a complete or limited physical evaluation of patients by a board eligible or board certified oral and maxillofacial surgeon or a resident in an approved oral and maxillofacial surgery program practicing in a hospital setting; (2) Extracts human teeth; (3) Repairs or fills cavities in human teeth; (4) Corrects malformations of human teeth or of the jaws; (5) Performs any oral and maxillofacial surgery; (6) Subject to subsection (d), takes an impression of the human tooth, teeth or jaws, leading to either: (A) The fabrication of a model upon which will be constructed a replacement of natural teeth by artificial substitutes; or (B) The fabrication of a cosmetic metal apparatus to be worn in the human mouth, whether or not the apparatus features silver, gold or platinum caps, jeweled inlays or any other cosmetic features; (7) Furnishes, supplies, constructs, alters, reproduces or repairs any prosthetic denture, bridge, crown, appliance or any other structure to be used or worn in the human mouth as a substitute for natural teeth, except on the written work order of a licensed and registered dentist; (8) Places or adjusts such appliance or structure in the human mouth; (9) Delivers the same to any person other than the licensed and registered dentist upon whose written work order the work was performed; (10) Offers to the public by any method to furnish, supply, construct, reproduce, reline, repair or otherwise process any prosthetic denture, bridge, appliance or other structure to be worn in the human mouth; (11) Gives interpretations of dental radiographs; (12) Administers an anesthetic, except for a topical anesthetic in connection with a dental operation; provided, however, that a duly licensed dentist may delegate the administration of local anesthetic to dental hygienists who possess a permit to do so issued by the board. The board shall establish the qualifications, criteria and curricula required for issuance of permits to administer local anesthetic, by infiltration or by block, to duly licensed dental hygienists; (13) Uses the words, "Dentist," "Dental Surgeon," "Oral Surgeon," "Oral and Maxillofacial Surgeon," or letters "D.D.S.," "D.M.D.," or any other words, letters, title, or descriptive matter that in any way represents the person as being able to diagnose, treat, prescribe or operate for any disease, pain, deformity, deficiency, injury, disorder, and condition of the oral cavity, maxillofacial area and the adjacent and associated structures and their impact on the human body; (14) States, or permits to be stated by any means or method whatsoever, that the person can or will attempt to perform dental operations or services or to render diagnosis in connection therewith; (15) Is the operator of a place where dental operations or dental services are performed; or (16) Authorizes the practice of "teledentistry" which, as used in this section, means the delivery of dental health care and patient consultation through the use of telehealth systems and technologies, including live, two-way interactions between a patient and a dentist licensed in this state using audiovisual telecommunications technology, or the secure transmission of electronic health records and medical data to a dentist licensed in this state to facilitate evaluation and treatment of the patient outside of a real-time or in-person interaction. Dentists who are licensed in this state and who deliver services using teledentistry shall establish protocols for the practice that should include proper methods of keeping the patient fully informed; proper safeguards ensuring that all state and federal laws and regulations relative to the privacy of health information are followed; proper documentation of all services or treatment rendered via teledentistry; proper procedures to ensure the referral of those patients requiring treatment beyond what can be provided via teledentistry to a dentist licensed in this state; and any such requirements as prescribed by the board of dentistry. Any and all services provided via teledentistry shall be consistent with the in-person provision of those services. Any and all services provided via teledentistry shall comply with this chapter and shall be provided in accordance with the rules of the board of dentistry. (c) (1) A dental hygienist is an individual who has graduated from a dental hygiene program accredited by the American Dental Association's Commission on Dental Accreditation (CODA) and is licensed under this chapter to practice dental hygiene. (2) The practice of dental hygiene means the performance of preventive, educational, and therapeutic services including the removal of all hard and soft deposits and the stain from the human teeth to the depth of the gingival sulcus, polishing natural and restored surfaces of teeth, performing clinical examination of teeth and surrounding tissues for diagnosis by the dentist, and performing other procedures that may be delegated by the dentist, under the supervision of a licensed dentist. (3) No person shall practice dental hygiene in a manner that is separate or independent from a supervising dentist, or establish or maintain an office or a practice that is primarily devoted to the provision of dental hygiene services. (4) A dental hygienist shall perform, under direct supervision only, root planing, subgingival curettage, administering nitrous oxide, and local anesthesia. (5) Under general supervision a dental hygienist may provide to patients, for not more than fifteen (15) consecutive business days, all other dental hygiene services not otherwise limited to direct supervision by this chapter or rules adopted by the board, if all of the following requirements are met: (A) The dental hygienist has at least one (1) year, full-time, or an equivalent amount of experience practicing dental hygiene; (B) The dental hygienist complies with written protocols for emergencies that the supervising dentist establishes; (C) The supervising dentist examined the patient not more than eleven (11) months prior to the date the dental hygienist provides the dental hygiene services; (D) The dental hygienist provides dental hygiene services to the patient in accordance with a written treatment plan developed by the supervising dentist for the patient; and (E) The patient is notified in advance of the appointment that the supervising dentist will be absent from the location and that the dental hygienist cannot diagnose the patient's dental health care status. (d) Any duly licensed and registered dentist may assign to duly licensed and registered dental hygienists, registered dental assistants and/or practical dental assistants, as defined by the board in rules and regulations, any tasks or procedures to be performed in the dentist's office for which a licensed and registered dentist exercises direct supervision and full responsibility, except those procedures requiring the professional judgment or skill of a dentist; provided, that duties involving the removal of hard and soft deposits by scaling or curretage from the surfaces of human teeth are assigned only to duly licensed and registered dental hygienists. The board has the authority to permit registered dental assistants to apply sealants to and to polish human teeth, and the board has the discretion to establish criteria and curricula as necessary to ensure that such registered dental assistants are qualified to apply sealants and perform polishing. For eligibility to perform polishing, passage of a clinical and didactic examination is required. The board is authorized to permit licensed and registered dental hygienists and registered dental assistants to insert, pack, carve and finish amalgam and intracoronal nonmetallic restorations and take final impressions for fixed and removable prosthetic appliances, under the direct supervision and full responsibility of a licensed dentist, and the board shall establish such criteria and curricula as it determines in its discretion are necessary or appropriate to ensure that such hygienists and assistants are qualified to perform such procedures. Tasks and procedures assignable to licensed and registered dental hygienists shall include those enumerated in the board's regulations as of January 1, 1990, and such other additional tasks and procedures as the board may deem appropriate in the future. Procedures requiring professional judgment or skill not assignable to such dental hygienists and dental assistants include the following: (1) Diagnosis and treatment planning; oral surgery, the cutting of hard and/or soft tissues, excluding any cutting of such tissues involved in subgingival scaling, root planing and gingival curettage, and any intra-oral procedures that would affect the function and/or efficiency of an appliance that, when worn by the patient, would come in direct contact with hard or soft tissue and that could result in tissue irritation or injury; (2) The placing of permanent fillings or restorations in or on teeth except as provided in this subsection (d); and (3) Administration of a general or local anesthetic, except for a topical anesthetic in connection with a dental operation; provided, however, that dental hygienists who possess a permit issued pursuant to subdivision (b)(12) may administer a local anesthetic but only under the direct supervision of a licensed and registered dentist who is physically present at the same office location and time and in accordance with rules and regulations of the board. (e) Notwithstanding any provision of law to the contrary, a dental hygienist may administer nitrous oxide analgesia if directed by a dentist to do so, in accordance with rules and regulations of the board of dentistry, under the direct supervision of a licensed and registered dentist. Patients who have been administered nitrous oxide shall be monitored appropriately. (f) (1) Except as provided in subdivisions (f)(2) and (3), a licensed dentist shall not allow, under general supervision, more than three (3) dental hygienists to work at any one (1) time. (2) A dentist may supervise, under direct supervision, no more than ten (10) dental hygienists while the dentist and each hygienist is providing dental services on a volunteer basis through a nonprofit provider of free mobile clinics in this state. (3) A dentist may supervise, under general supervision, no more than five (5) dental hygienists if the dentist and dental hygienists work for the department of health, a county or metropolitan health department, or an entity that participates in the state safety net program for the uninsured. A dentist supervising dental hygienists under this subdivision (f)(3) must do so in accordance with protocols established by the department of health or a county or metropolitan health department. (g) Any duly licensed and registered dentist who uses general anesthesia, deep sedation or conscious sedation in that dentist's practice, at a level to be determined by the board, must secure a permit from the board by meeting the standards as set in rules and regulations and by paying fees set by the board. Such permit is subject to renewal at intervals upon payment of a fee as set by the board in rules and regulations. Any dental facility in which general anesthesia, deep sedation or conscious sedation is administered by such dentist is subject to standards as may be specified in rules and regulations of the board, including, but not limited to, a facility permit. (h) (1) Notwithstanding any law to the contrary, the practice of dental hygiene also includes prescriptive authority limited to fluoride agents, topical oral anesthetic agents, and nonsystemic oral antimicrobials that: (A) Are not controlled substances under state and federal drug laws; and (B) Do not require a license from the federal drug enforcement agency. (2) Prescriptive authority under this section must be: (A) Exercised under the general supervision of a licensed dentist; (B) Pursuant to rules promulgated by the board; and (C) In compliance with all applicable laws concerning prescription packaging, labeling, and record keeping requirements. (3) A prescription written by a dental hygienist under this part must be reviewed by a dentist within thirty (30) days. (4) The board shall determine by rule the educational and training requirements necessary for a dental hygienist to exercise prescriptive authority pursuant to this section. (5) The board shall determine by rule the percentage of fluoride or any other active ingredient in any medication that may be prescribed by a dental hygienist under this subsection (h). Amended by 2024 Tenn. Acts, ch. 561,s 1, eff. 3/12/2024. Amended by 2020 Tenn. Acts, ch. 724, s 1, eff. 7/1/2020. Amended by 2019 Tenn. Acts, ch. 319, s 1, eff. 7/1/2020. Amended by 2016 Tenn. Acts, ch. 918, s 1, eff. 7/1/2016. Acts 1957, ch. 32, § 9; 1963, ch. 107, § 1; 1969, ch. 29, § 2; 1978, ch. 824, § 6; 1981, ch. 99, § 4; T.C.A., § 63-537; Acts 1988, ch. 635, §§ 3-7; 1989, ch. 523, § 8; 1990, ch. 1031, §§ 10, 11; 1998, ch. 847, §§ 1 - 3; 1999, ch. 405, §§1, 2; 2000, ch. 839, § 1; 2001, ch. 330, § 4; 2002, ch. 771, §§2 - 4; 2003 , ch. 161, §1; 2003 , ch. 237, §§1-4; 2004, ch. 615, §§1 - 3; 2007 , ch. 120, §1; 2010 , ch. 1043, §8; 2011 , ch. 132, §1; 2012 , ch. 945, § 1.
(a) Dentistry is defined as the evaluation, diagnosis, prevention and/or treatment, by nonsurgical, surgical or related procedures, of diseases, disorders and/or conditions of the oral cavity, maxillofacial area and/or the adjacent and associated structures and their impact on the human body, provided by a dentist within the scope of such dentist's education, training, and experience, in accordance with the ethics of the profession and applicable law.
(b) Any person is deemed to be practicing dentistry who, either gratuitously or for a salary, fee, money or other remuneration, paid or to be paid, directly to the operator or to any person or agency: (1) Diagnoses, prescribes for or treats any disease, pain, deformity, deficiency, injury, disorder and condition of the oral cavity, maxillofacial area and the adjacent and associated structures and their impact on the human body. Such diagnosis and treatment may include the use of a complete or limited physical evaluation of patients by a board eligible or board certified oral and maxillofacial surgeon or a resident in an approved oral and maxillofacial surgery program practicing in a hospital setting; (2) Extracts human teeth; (3) Repairs or fills cavities in human teeth; (4) Corrects malformations of human teeth or of the jaws; (5) Performs any oral and maxillofacial surgery; (6) Subject to subsection (d), takes an impression of the human tooth, teeth or jaws, leading to either: (A) The fabrication of a model upon which will be constructed a replacement of natural teeth by artificial substitutes; or (B) The fabrication of a cosmetic metal apparatus to be worn in the human mouth, whether or not the apparatus features silver, gold or platinum caps, jeweled inlays or any other cosmetic features; (7) Furnishes, supplies, constructs, alters, reproduces or repairs any prosthetic denture, bridge, crown, appliance or any other structure to be used or worn in the human mouth as a substitute for natural teeth, except on the written work order of a licensed and registered dentist; (8) Places or adjusts such appliance or structure in the human mouth; (9) Delivers the same to any person other than the licensed and registered dentist upon whose written work order the work was performed; (10) Offers to the public by any method to furnish, supply, construct, reproduce, reline, repair or otherwise process any prosthetic denture, bridge, appliance or other structure to be worn in the human mouth; (11) Gives interpretations of dental radiographs; (12) Administers an anesthetic, except for a topical anesthetic in connection with a dental operation; provided, however, that a duly licensed dentist may delegate the administration of local anesthetic to dental hygienists who possess a permit to do so issued by the board. The board shall establish the qualifications, criteria and curricula required for issuance of permits to administer local anesthetic, by infiltration or by block, to duly licensed dental hygienists; (13) Uses the words, "Dentist," "Dental Surgeon," "Oral Surgeon," "Oral and Maxillofacial Surgeon," or letters "D.D.S.," "D.M.D.," or any other words, letters, title, or descriptive matter that in any way represents the person as being able to diagnose, treat, prescribe or operate for any disease, pain, deformity, deficiency, injury, disorder, and condition of the oral cavity, maxillofacial area and the adjacent and associated structures and their impact on the human body; (14) States, or permits to be stated by any means or method whatsoever, that the person can or will attempt to perform dental operations or services or to render diagnosis in connection therewith; (15) Is the operator of a place where dental operations or dental services are performed; or (16) Authorizes the practice of "teledentistry" which, as used in this section, means the delivery of dental health care and patient consultation through the use of telehealth systems and technologies, including live, two-way interactions between a patient and a dentist licensed in this state using audiovisual telecommunications technology, or the secure transmission of electronic health records and medical data to a dentist licensed in this state to facilitate evaluation and treatment of the patient outside of a real-time or in-person interaction. Dentists who are licensed in this state and who deliver services using teledentistry shall establish protocols for the practice that should include proper methods of keeping the patient fully informed; proper safeguards ensuring that all state and federal laws and regulations relative to the privacy of health information are followed; proper documentation of all services or treatment rendered via teledentistry; proper procedures to ensure the referral of those patients requiring treatment beyond what can be provided via teledentistry to a dentist licensed in this state; and any such requirements as prescribed by the board of dentistry. Any and all services provided via teledentistry shall be consistent with the in-person provision of those services. Any and all services provided via teledentistry shall comply with this chapter and shall be provided in accordance with the rules of the board of dentistry.
(1) Diagnoses, prescribes for or treats any disease, pain, deformity, deficiency, injury, disorder and condition of the oral cavity, maxillofacial area and the adjacent and associated structures and their impact on the human body. Such diagnosis and treatment may include the use of a complete or limited physical evaluation of patients by a board eligible or board certified oral and maxillofacial surgeon or a resident in an approved oral and maxillofacial surgery program practicing in a hospital setting;
(2) Extracts human teeth;
(3) Repairs or fills cavities in human teeth;
(4) Corrects malformations of human teeth or of the jaws;
(5) Performs any oral and maxillofacial surgery;
(6) Subject to subsection (d), takes an impression of the human tooth, teeth or jaws, leading to either: (A) The fabrication of a model upon which will be constructed a replacement of natural teeth by artificial substitutes; or (B) The fabrication of a cosmetic metal apparatus to be worn in the human mouth, whether or not the apparatus features silver, gold or platinum caps, jeweled inlays or any other cosmetic features;
(A) The fabrication of a model upon which will be constructed a replacement of natural teeth by artificial substitutes; or
(B) The fabrication of a cosmetic metal apparatus to be worn in the human mouth, whether or not the apparatus features silver, gold or platinum caps, jeweled inlays or any other cosmetic features;
(7) Furnishes, supplies, constructs, alters, reproduces or repairs any prosthetic denture, bridge, crown, appliance or any other structure to be used or worn in the human mouth as a substitute for natural teeth, except on the written work order of a licensed and registered dentist;
(8) Places or adjusts such appliance or structure in the human mouth;
(9) Delivers the same to any person other than the licensed and registered dentist upon whose written work order the work was performed;
(10) Offers to the public by any method to furnish, supply, construct, reproduce, reline, repair or otherwise process any prosthetic denture, bridge, appliance or other structure to be worn in the human mouth;
(11) Gives interpretations of dental radiographs;
(12) Administers an anesthetic, except for a topical anesthetic in connection with a dental operation; provided, however, that a duly licensed dentist may delegate the administration of local anesthetic to dental hygienists who possess a permit to do so issued by the board. The board shall establish the qualifications, criteria and curricula required for issuance of permits to administer local anesthetic, by infiltration or by block, to duly licensed dental hygienists;
(13) Uses the words, "Dentist," "Dental Surgeon," "Oral Surgeon," "Oral and Maxillofacial Surgeon," or letters "D.D.S.," "D.M.D.," or any other words, letters, title, or descriptive matter that in any way represents the person as being able to diagnose, treat, prescribe or operate for any disease, pain, deformity, deficiency, injury, disorder, and condition of the oral cavity, maxillofacial area and the adjacent and associated structures and their impact on the human body;
(14) States, or permits to be stated by any means or method whatsoever, that the person can or will attempt to perform dental operations or services or to render diagnosis in connection therewith;
(15) Is the operator of a place where dental operations or dental services are performed; or
(16) Authorizes the practice of "teledentistry" which, as used in this section, means the delivery of dental health care and patient consultation through the use of telehealth systems and technologies, including live, two-way interactions between a patient and a dentist licensed in this state using audiovisual telecommunications technology, or the secure transmission of electronic health records and medical data to a dentist licensed in this state to facilitate evaluation and treatment of the patient outside of a real-time or in-person interaction. Dentists who are licensed in this state and who deliver services using teledentistry shall establish protocols for the practice that should include proper methods of keeping the patient fully informed; proper safeguards ensuring that all state and federal laws and regulations relative to the privacy of health information are followed; proper documentation of all services or treatment rendered via teledentistry; proper procedures to ensure the referral of those patients requiring treatment beyond what can be provided via teledentistry to a dentist licensed in this state; and any such requirements as prescribed by the board of dentistry. Any and all services provided via teledentistry shall be consistent with the in-person provision of those services. Any and all services provided via teledentistry shall comply with this chapter and shall be provided in accordance with the rules of the board of dentistry.
(c) (1) A dental hygienist is an individual who has graduated from a dental hygiene program accredited by the American Dental Association's Commission on Dental Accreditation (CODA) and is licensed under this chapter to practice dental hygiene. (2) The practice of dental hygiene means the performance of preventive, educational, and therapeutic services including the removal of all hard and soft deposits and the stain from the human teeth to the depth of the gingival sulcus, polishing natural and restored surfaces of teeth, performing clinical examination of teeth and surrounding tissues for diagnosis by the dentist, and performing other procedures that may be delegated by the dentist, under the supervision of a licensed dentist. (3) No person shall practice dental hygiene in a manner that is separate or independent from a supervising dentist, or establish or maintain an office or a practice that is primarily devoted to the provision of dental hygiene services. (4) A dental hygienist shall perform, under direct supervision only, root planing, subgingival curettage, administering nitrous oxide, and local anesthesia. (5) Under general supervision a dental hygienist may provide to patients, for not more than fifteen (15) consecutive business days, all other dental hygiene services not otherwise limited to direct supervision by this chapter or rules adopted by the board, if all of the following requirements are met: (A) The dental hygienist has at least one (1) year, full-time, or an equivalent amount of experience practicing dental hygiene; (B) The dental hygienist complies with written protocols for emergencies that the supervising dentist establishes; (C) The supervising dentist examined the patient not more than eleven (11) months prior to the date the dental hygienist provides the dental hygiene services; (D) The dental hygienist provides dental hygiene services to the patient in accordance with a written treatment plan developed by the supervising dentist for the patient; and (E) The patient is notified in advance of the appointment that the supervising dentist will be absent from the location and that the dental hygienist cannot diagnose the patient's dental health care status.
(1) A dental hygienist is an individual who has graduated from a dental hygiene program accredited by the American Dental Association's Commission on Dental Accreditation (CODA) and is licensed under this chapter to practice dental hygiene.
(2) The practice of dental hygiene means the performance of preventive, educational, and therapeutic services including the removal of all hard and soft deposits and the stain from the human teeth to the depth of the gingival sulcus, polishing natural and restored surfaces of teeth, performing clinical examination of teeth and surrounding tissues for diagnosis by the dentist, and performing other procedures that may be delegated by the dentist, under the supervision of a licensed dentist.
(3) No person shall practice dental hygiene in a manner that is separate or independent from a supervising dentist, or establish or maintain an office or a practice that is primarily devoted to the provision of dental hygiene services.
(4) A dental hygienist shall perform, under direct supervision only, root planing, subgingival curettage, administering nitrous oxide, and local anesthesia.
(5) Under general supervision a dental hygienist may provide to patients, for not more than fifteen (15) consecutive business days, all other dental hygiene services not otherwise limited to direct supervision by this chapter or rules adopted by the board, if all of the following requirements are met: (A) The dental hygienist has at least one (1) year, full-time, or an equivalent amount of experience practicing dental hygiene; (B) The dental hygienist complies with written protocols for emergencies that the supervising dentist establishes; (C) The supervising dentist examined the patient not more than eleven (11) months prior to the date the dental hygienist provides the dental hygiene services; (D) The dental hygienist provides dental hygiene services to the patient in accordance with a written treatment plan developed by the supervising dentist for the patient; and (E) The patient is notified in advance of the appointment that the supervising dentist will be absent from the location and that the dental hygienist cannot diagnose the patient's dental health care status.
(A) The dental hygienist has at least one (1) year, full-time, or an equivalent amount of experience practicing dental hygiene;
(B) The dental hygienist complies with written protocols for emergencies that the supervising dentist establishes;
(C) The supervising dentist examined the patient not more than eleven (11) months prior to the date the dental hygienist provides the dental hygiene services;
(D) The dental hygienist provides dental hygiene services to the patient in accordance with a written treatment plan developed by the supervising dentist for the patient; and
(E) The patient is notified in advance of the appointment that the supervising dentist will be absent from the location and that the dental hygienist cannot diagnose the patient's dental health care status.
(d) Any duly licensed and registered dentist may assign to duly licensed and registered dental hygienists, registered dental assistants and/or practical dental assistants, as defined by the board in rules and regulations, any tasks or procedures to be performed in the dentist's office for which a licensed and registered dentist exercises direct supervision and full responsibility, except those procedures requiring the professional judgment or skill of a dentist; provided, that duties involving the removal of hard and soft deposits by scaling or curretage from the surfaces of human teeth are assigned only to duly licensed and registered dental hygienists. The board has the authority to permit registered dental assistants to apply sealants to and to polish human teeth, and the board has the discretion to establish criteria and curricula as necessary to ensure that such registered dental assistants are qualified to apply sealants and perform polishing. For eligibility to perform polishing, passage of a clinical and didactic examination is required. The board is authorized to permit licensed and registered dental hygienists and registered dental assistants to insert, pack, carve and finish amalgam and intracoronal nonmetallic restorations and take final impressions for fixed and removable prosthetic appliances, under the direct supervision and full responsibility of a licensed dentist, and the board shall establish such criteria and curricula as it determines in its discretion are necessary or appropriate to ensure that such hygienists and assistants are qualified to perform such procedures. Tasks and procedures assignable to licensed and registered dental hygienists shall include those enumerated in the board's regulations as of January 1, 1990, and such other additional tasks and procedures as the board may deem appropriate in the future. Procedures requiring professional judgment or skill not assignable to such dental hygienists and dental assistants include the following: (1) Diagnosis and treatment planning; oral surgery, the cutting of hard and/or soft tissues, excluding any cutting of such tissues involved in subgingival scaling, root planing and gingival curettage, and any intra-oral procedures that would affect the function and/or efficiency of an appliance that, when worn by the patient, would come in direct contact with hard or soft tissue and that could result in tissue irritation or injury; (2) The placing of permanent fillings or restorations in or on teeth except as provided in this subsection (d); and (3) Administration of a general or local anesthetic, except for a topical anesthetic in connection with a dental operation; provided, however, that dental hygienists who possess a permit issued pursuant to subdivision (b)(12) may administer a local anesthetic but only under the direct supervision of a licensed and registered dentist who is physically present at the same office location and time and in accordance with rules and regulations of the board.
(1) Diagnosis and treatment planning; oral surgery, the cutting of hard and/or soft tissues, excluding any cutting of such tissues involved in subgingival scaling, root planing and gingival curettage, and any intra-oral procedures that would affect the function and/or efficiency of an appliance that, when worn by the patient, would come in direct contact with hard or soft tissue and that could result in tissue irritation or injury;
(2) The placing of permanent fillings or restorations in or on teeth except as provided in this subsection (d); and
(3) Administration of a general or local anesthetic, except for a topical anesthetic in connection with a dental operation; provided, however, that dental hygienists who possess a permit issued pursuant to subdivision (b)(12) may administer a local anesthetic but only under the direct supervision of a licensed and registered dentist who is physically present at the same office location and time and in accordance with rules and regulations of the board.
(e) Notwithstanding any provision of law to the contrary, a dental hygienist may administer nitrous oxide analgesia if directed by a dentist to do so, in accordance with rules and regulations of the board of dentistry, under the direct supervision of a licensed and registered dentist. Patients who have been administered nitrous oxide shall be monitored appropriately.
(f) (1) Except as provided in subdivisions (f)(2) and (3), a licensed dentist shall not allow, under general supervision, more than three (3) dental hygienists to work at any one (1) time. (2) A dentist may supervise, under direct supervision, no more than ten (10) dental hygienists while the dentist and each hygienist is providing dental services on a volunteer basis through a nonprofit provider of free mobile clinics in this state. (3) A dentist may supervise, under general supervision, no more than five (5) dental hygienists if the dentist and dental hygienists work for the department of health, a county or metropolitan health department, or an entity that participates in the state safety net program for the uninsured. A dentist supervising dental hygienists under this subdivision (f)(3) must do so in accordance with protocols established by the department of health or a county or metropolitan health department.
(1) Except as provided in subdivisions (f)(2) and (3), a licensed dentist shall not allow, under general supervision, more than three (3) dental hygienists to work at any one (1) time.
(2) A dentist may supervise, under direct supervision, no more than ten (10) dental hygienists while the dentist and each hygienist is providing dental services on a volunteer basis through a nonprofit provider of free mobile clinics in this state.
(3) A dentist may supervise, under general supervision, no more than five (5) dental hygienists if the dentist and dental hygienists work for the department of health, a county or metropolitan health department, or an entity that participates in the state safety net program for the uninsured. A dentist supervising dental hygienists under this subdivision (f)(3) must do so in accordance with protocols established by the department of health or a county or metropolitan health department.
(g) Any duly licensed and registered dentist who uses general anesthesia, deep sedation or conscious sedation in that dentist's practice, at a level to be determined by the board, must secure a permit from the board by meeting the standards as set in rules and regulations and by paying fees set by the board. Such permit is subject to renewal at intervals upon payment of a fee as set by the board in rules and regulations. Any dental facility in which general anesthesia, deep sedation or conscious sedation is administered by such dentist is subject to standards as may be specified in rules and regulations of the board, including, but not limited to, a facility permit.
(h) (1) Notwithstanding any law to the contrary, the practice of dental hygiene also includes prescriptive authority limited to fluoride agents, topical oral anesthetic agents, and nonsystemic oral antimicrobials that: (A) Are not controlled substances under state and federal drug laws; and (B) Do not require a license from the federal drug enforcement agency. (2) Prescriptive authority under this section must be: (A) Exercised under the general supervision of a licensed dentist; (B) Pursuant to rules promulgated by the board; and (C) In compliance with all applicable laws concerning prescription packaging, labeling, and record keeping requirements. (3) A prescription written by a dental hygienist under this part must be reviewed by a dentist within thirty (30) days. (4) The board shall determine by rule the educational and training requirements necessary for a dental hygienist to exercise prescriptive authority pursuant to this section. (5) The board shall determine by rule the percentage of fluoride or any other active ingredient in any medication that may be prescribed by a dental hygienist under this subsection (h).
(1) Notwithstanding any law to the contrary, the practice of dental hygiene also includes prescriptive authority limited to fluoride agents, topical oral anesthetic agents, and nonsystemic oral antimicrobials that: (A) Are not controlled substances under state and federal drug laws; and (B) Do not require a license from the federal drug enforcement agency.
(A) Are not controlled substances under state and federal drug laws; and
(B) Do not require a license from the federal drug enforcement agency.
(2) Prescriptive authority under this section must be: (A) Exercised under the general supervision of a licensed dentist; (B) Pursuant to rules promulgated by the board; and (C) In compliance with all applicable laws concerning prescription packaging, labeling, and record keeping requirements.
(A) Exercised under the general supervision of a licensed dentist;
(B) Pursuant to rules promulgated by the board; and
(C) In compliance with all applicable laws concerning prescription packaging, labeling, and record keeping requirements.
(3) A prescription written by a dental hygienist under this part must be reviewed by a dentist within thirty (30) days.
(4) The board shall determine by rule the educational and training requirements necessary for a dental hygienist to exercise prescriptive authority pursuant to this section.
(5) The board shall determine by rule the percentage of fluoride or any other active ingredient in any medication that may be prescribed by a dental hygienist under this subsection (h).
Amended by 2024 Tenn. Acts, ch. 561,s 1, eff. 3/12/2024.
Amended by 2020 Tenn. Acts, ch. 724, s 1, eff. 7/1/2020.
Amended by 2019 Tenn. Acts, ch. 319, s 1, eff. 7/1/2020.
Amended by 2016 Tenn. Acts, ch. 918, s 1, eff. 7/1/2016.
Acts 1957, ch. 32, § 9; 1963, ch. 107, § 1; 1969, ch. 29, § 2; 1978, ch. 824, § 6; 1981, ch. 99, § 4; T.C.A., § 63-537; Acts 1988, ch. 635, §§ 3-7; 1989, ch. 523, § 8; 1990, ch. 1031, §§ 10, 11; 1998, ch. 847, §§ 1 - 3; 1999, ch. 405, §§1, 2; 2000, ch. 839, § 1; 2001, ch. 330, § 4; 2002, ch. 771, §§2 - 4; 2003 , ch. 161, §1; 2003 , ch. 237, §§1-4; 2004, ch. 615, §§1 - 3; 2007 , ch. 120, §1; 2010 , ch. 1043, §8; 2011 , ch. 132, §1; 2012 , ch. 945, § 1.
Tenn. Code Ann. § 63-20-108 — TN Code / Title 63 / Chapter 20 / Section 63-20-108
Eligibility requirements for graduate physicians arrangements - Arrangement requirements
Status: in_force

(a) This chapter applies to all graduate physician collaborative practice arrangements. To be eligible to practice as a graduate physician, a licensed graduate physician must enter into a graduate physician collaborative practice arrangement with a licensed physician no later than six (6) months after the date on which the graduate physician obtains initial licensure. (b) Only a physician licensed pursuant to title 63, chapter 6 or chapter 9 may enter into a graduate physician collaborative practice arrangement with a graduate physician. Graduate physician collaborative practice arrangements must take the form of a written agreement that includes mutually agreed upon protocols and any standing orders for the delivery of primary care services. Graduate physician collaborative practice arrangements may delegate to a graduate physician the authority to administer or dispense drugs and provide treatment, as long as the delivery of the primary care services is within the scope of the graduate physician's practice and is consistent with the graduate physician's skill, training, and competence and the skill, training, and competence of the collaborating physician; except that a graduate physician shall not prescribe controlled substances. The collaborating physician must be board-certified in the specialty that the graduate physician is practicing, which must only include pediatrics, internal medicine, or family medicine. (c) The graduate physician collaborative practice arrangement must contain the following provisions: (1) Complete names, home and business addresses, and telephone numbers of the collaborating physician and the graduate physician; (2) A requirement that the graduate physician practice at the same location as the collaborating physician; (3) A requirement that a prominently displayed disclosure statement informing patients that they may be seen by a graduate physician, and advising patients that the patient has the right to see the collaborating physician, be posted in every office where the graduate physician is authorized to prescribe; (4) All specialty or board certifications of the collaborating physician and all certifications of the graduate physician; (5) The manner of collaboration between the collaborating physician and the graduate physician, including how the collaborating physician and the graduate physician will: (A) Engage in collaborative practice consistent with each professional's skill, training, education, and competence; and (B) Maintain geographic proximity. However, the graduate physician collaborative practice arrangement may only allow for geographic proximity to be waived for no more than twenty-eight (28) days per calendar year for rural health clinics, as long as the graduate physician collaborative practice arrangement includes alternative plans as required in subdivision (c)(5)(C). The exception to the geographic proximity requirement applies only to independent rural health clinics, provider-based rural health clinics if the provider is a critical access hospital as provided in 42 U.S.C. § 1395i-4 , and provider-based rural health clinics if the primary location of the hospital sponsor is more than twenty-five (25) miles from the clinic. The collaborating physician must maintain documentation related to the geographic proximity requirement and present the documentation to the board of medical examiners upon request; (6) A requirement that the graduate physician shall not provide patient care during an absence of the collaborating physician for any reason; (7) A list of all other graduate physician collaborative practice arrangements of the collaborating physician and the graduate physician; (8) The duration of the graduate physician collaborative practice arrangement between the collaborating physician and the graduate physician; (9) A provision describing the time and manner of the collaborating physician's review of the graduate physician's delivery of primary care services. The provision must require the graduate physician to submit to the collaborating physician a minimum of twenty-five percent (25%) of the charts documenting the graduate physician's delivery of primary care services for review by the collaborating physician or by any other physician designated in the graduate physician collaborative practice arrangement every fourteen (14) days after the initial observation year. For the first three (3) months of the initial observation year, the collaborating physician shall review one hundred percent (100%) of the charts documenting the graduate physician's delivery of primary care services. For months four (4) through twelve (12), the collaborating physician shall review seventy-five percent (75%) of the charts documenting the graduate physician's delivery of primary care services; and (10) A requirement that a collaborating physician be on premises if the graduate physician performs services in a hospital or emergency department. Added by 2023 Tenn. Acts, ch. 470, s 1, eff. 1/1/2025.
(a) This chapter applies to all graduate physician collaborative practice arrangements. To be eligible to practice as a graduate physician, a licensed graduate physician must enter into a graduate physician collaborative practice arrangement with a licensed physician no later than six (6) months after the date on which the graduate physician obtains initial licensure.
(b) Only a physician licensed pursuant to title 63, chapter 6 or chapter 9 may enter into a graduate physician collaborative practice arrangement with a graduate physician. Graduate physician collaborative practice arrangements must take the form of a written agreement that includes mutually agreed upon protocols and any standing orders for the delivery of primary care services. Graduate physician collaborative practice arrangements may delegate to a graduate physician the authority to administer or dispense drugs and provide treatment, as long as the delivery of the primary care services is within the scope of the graduate physician's practice and is consistent with the graduate physician's skill, training, and competence and the skill, training, and competence of the collaborating physician; except that a graduate physician shall not prescribe controlled substances. The collaborating physician must be board-certified in the specialty that the graduate physician is practicing, which must only include pediatrics, internal medicine, or family medicine.
(c) The graduate physician collaborative practice arrangement must contain the following provisions: (1) Complete names, home and business addresses, and telephone numbers of the collaborating physician and the graduate physician; (2) A requirement that the graduate physician practice at the same location as the collaborating physician; (3) A requirement that a prominently displayed disclosure statement informing patients that they may be seen by a graduate physician, and advising patients that the patient has the right to see the collaborating physician, be posted in every office where the graduate physician is authorized to prescribe; (4) All specialty or board certifications of the collaborating physician and all certifications of the graduate physician; (5) The manner of collaboration between the collaborating physician and the graduate physician, including how the collaborating physician and the graduate physician will: (A) Engage in collaborative practice consistent with each professional's skill, training, education, and competence; and (B) Maintain geographic proximity. However, the graduate physician collaborative practice arrangement may only allow for geographic proximity to be waived for no more than twenty-eight (28) days per calendar year for rural health clinics, as long as the graduate physician collaborative practice arrangement includes alternative plans as required in subdivision (c)(5)(C). The exception to the geographic proximity requirement applies only to independent rural health clinics, provider-based rural health clinics if the provider is a critical access hospital as provided in 42 U.S.C. § 1395i-4 , and provider-based rural health clinics if the primary location of the hospital sponsor is more than twenty-five (25) miles from the clinic. The collaborating physician must maintain documentation related to the geographic proximity requirement and present the documentation to the board of medical examiners upon request; (6) A requirement that the graduate physician shall not provide patient care during an absence of the collaborating physician for any reason; (7) A list of all other graduate physician collaborative practice arrangements of the collaborating physician and the graduate physician; (8) The duration of the graduate physician collaborative practice arrangement between the collaborating physician and the graduate physician; (9) A provision describing the time and manner of the collaborating physician's review of the graduate physician's delivery of primary care services. The provision must require the graduate physician to submit to the collaborating physician a minimum of twenty-five percent (25%) of the charts documenting the graduate physician's delivery of primary care services for review by the collaborating physician or by any other physician designated in the graduate physician collaborative practice arrangement every fourteen (14) days after the initial observation year. For the first three (3) months of the initial observation year, the collaborating physician shall review one hundred percent (100%) of the charts documenting the graduate physician's delivery of primary care services. For months four (4) through twelve (12), the collaborating physician shall review seventy-five percent (75%) of the charts documenting the graduate physician's delivery of primary care services; and (10) A requirement that a collaborating physician be on premises if the graduate physician performs services in a hospital or emergency department.
(1) Complete names, home and business addresses, and telephone numbers of the collaborating physician and the graduate physician;
(2) A requirement that the graduate physician practice at the same location as the collaborating physician;
(3) A requirement that a prominently displayed disclosure statement informing patients that they may be seen by a graduate physician, and advising patients that the patient has the right to see the collaborating physician, be posted in every office where the graduate physician is authorized to prescribe;
(4) All specialty or board certifications of the collaborating physician and all certifications of the graduate physician;
(5) The manner of collaboration between the collaborating physician and the graduate physician, including how the collaborating physician and the graduate physician will: (A) Engage in collaborative practice consistent with each professional's skill, training, education, and competence; and (B) Maintain geographic proximity. However, the graduate physician collaborative practice arrangement may only allow for geographic proximity to be waived for no more than twenty-eight (28) days per calendar year for rural health clinics, as long as the graduate physician collaborative practice arrangement includes alternative plans as required in subdivision (c)(5)(C). The exception to the geographic proximity requirement applies only to independent rural health clinics, provider-based rural health clinics if the provider is a critical access hospital as provided in 42 U.S.C. § 1395i-4 , and provider-based rural health clinics if the primary location of the hospital sponsor is more than twenty-five (25) miles from the clinic. The collaborating physician must maintain documentation related to the geographic proximity requirement and present the documentation to the board of medical examiners upon request;
(A) Engage in collaborative practice consistent with each professional's skill, training, education, and competence; and
(B) Maintain geographic proximity. However, the graduate physician collaborative practice arrangement may only allow for geographic proximity to be waived for no more than twenty-eight (28) days per calendar year for rural health clinics, as long as the graduate physician collaborative practice arrangement includes alternative plans as required in subdivision (c)(5)(C). The exception to the geographic proximity requirement applies only to independent rural health clinics, provider-based rural health clinics if the provider is a critical access hospital as provided in 42 U.S.C. § 1395i-4 , and provider-based rural health clinics if the primary location of the hospital sponsor is more than twenty-five (25) miles from the clinic. The collaborating physician must maintain documentation related to the geographic proximity requirement and present the documentation to the board of medical examiners upon request;
(6) A requirement that the graduate physician shall not provide patient care during an absence of the collaborating physician for any reason;
(7) A list of all other graduate physician collaborative practice arrangements of the collaborating physician and the graduate physician;
(8) The duration of the graduate physician collaborative practice arrangement between the collaborating physician and the graduate physician;
(9) A provision describing the time and manner of the collaborating physician's review of the graduate physician's delivery of primary care services. The provision must require the graduate physician to submit to the collaborating physician a minimum of twenty-five percent (25%) of the charts documenting the graduate physician's delivery of primary care services for review by the collaborating physician or by any other physician designated in the graduate physician collaborative practice arrangement every fourteen (14) days after the initial observation year. For the first three (3) months of the initial observation year, the collaborating physician shall review one hundred percent (100%) of the charts documenting the graduate physician's delivery of primary care services. For months four (4) through twelve (12), the collaborating physician shall review seventy-five percent (75%) of the charts documenting the graduate physician's delivery of primary care services; and
(10) A requirement that a collaborating physician be on premises if the graduate physician performs services in a hospital or emergency department.
Added by 2023 Tenn. Acts, ch. 470, s 1, eff. 1/1/2025.