Tenn. Code Ann. § 63-10-503 — TN Code / Title 63 / Chapter 10 / Section 63-10-503
Prescription drug donation repository program
Status: in_force

(a) A pharmacy may elect to participate in the prescription drug donation repository program by providing written notification to the department of the following: (1) The name, street address, and telephone number of the pharmacy and the license or registration number issued by the board; (2) The name, telephone number, and pharmacy license number of the responsible pharmacist who is employed, or under contract, with the repository; and (3) A statement signed and dated by the responsible pharmacist indicating that the repository meets the eligibility requirements and will comply with the program. (b) The repository shall develop and implement standards and procedures to determine, based on basic visual inspection, that the prescription drugs appear to be unadulterated, safe, and suitable for dispensing. (c) Donated prescription drugs must be in unopened tamper-evident packaging. However, drugs packaged in single use doses may be accepted and dispensed when the outside packaging is opened if the single unit dose packaging is undisturbed. (d) Donations of prescription drugs and supplies may be made on the premises of, or mailed to, a repository that participates in the program. (e) A repository may receive, accept, replenish, repackage, and store donated prescription drugs and supplies in accordance with this part. (f) Donation and facilitation of a donation are not considered wholesale distribution, and a person donating or facilitating a donation does not require licensure as a wholesaler. (g) Repositories shall prioritize dispensing of donated prescription drugs and supplies as follows: (1) First, to an indigent person; (2) Second, to a person who has no prescription insurance or cannot afford the out-of-pocket expenses for the prescription drug or supplies prescribed; and (3) Lastly, to another individual if an indigent, uninsured, or underinsured person is unavailable. (h) A repository shall not charge or collect fees from an eligible individual for prescription drugs or supplies dispensed pursuant to the program. However, a repository may charge a handling fee for each donated prescription drug or supply that is dispensed. (i) A repository may charge fees, including, but not limited to, a usual and customary charge, to donors, eligible individuals, health plans, pharmacy benefit managers, drug manufacturers, veterans' affairs hospitals, and government agencies. (j) A repository that receives donated prescription drugs or supplies may distribute the donated prescription drugs or supplies to another repository for use pursuant to the program or to similar repository programs in other states. (k) Participation in the program is voluntary. Added by 2023 Tenn. Acts, ch. 200, s 1, eff. 1/1/2024.
(a) A pharmacy may elect to participate in the prescription drug donation repository program by providing written notification to the department of the following: (1) The name, street address, and telephone number of the pharmacy and the license or registration number issued by the board; (2) The name, telephone number, and pharmacy license number of the responsible pharmacist who is employed, or under contract, with the repository; and (3) A statement signed and dated by the responsible pharmacist indicating that the repository meets the eligibility requirements and will comply with the program.
(1) The name, street address, and telephone number of the pharmacy and the license or registration number issued by the board;
(2) The name, telephone number, and pharmacy license number of the responsible pharmacist who is employed, or under contract, with the repository; and
(3) A statement signed and dated by the responsible pharmacist indicating that the repository meets the eligibility requirements and will comply with the program.
(b) The repository shall develop and implement standards and procedures to determine, based on basic visual inspection, that the prescription drugs appear to be unadulterated, safe, and suitable for dispensing.
(c) Donated prescription drugs must be in unopened tamper-evident packaging. However, drugs packaged in single use doses may be accepted and dispensed when the outside packaging is opened if the single unit dose packaging is undisturbed.
(d) Donations of prescription drugs and supplies may be made on the premises of, or mailed to, a repository that participates in the program.
(e) A repository may receive, accept, replenish, repackage, and store donated prescription drugs and supplies in accordance with this part.
(f) Donation and facilitation of a donation are not considered wholesale distribution, and a person donating or facilitating a donation does not require licensure as a wholesaler.
(g) Repositories shall prioritize dispensing of donated prescription drugs and supplies as follows: (1) First, to an indigent person; (2) Second, to a person who has no prescription insurance or cannot afford the out-of-pocket expenses for the prescription drug or supplies prescribed; and (3) Lastly, to another individual if an indigent, uninsured, or underinsured person is unavailable.
(1) First, to an indigent person;
(2) Second, to a person who has no prescription insurance or cannot afford the out-of-pocket expenses for the prescription drug or supplies prescribed; and
(3) Lastly, to another individual if an indigent, uninsured, or underinsured person is unavailable.
(h) A repository shall not charge or collect fees from an eligible individual for prescription drugs or supplies dispensed pursuant to the program. However, a repository may charge a handling fee for each donated prescription drug or supply that is dispensed.
(i) A repository may charge fees, including, but not limited to, a usual and customary charge, to donors, eligible individuals, health plans, pharmacy benefit managers, drug manufacturers, veterans' affairs hospitals, and government agencies.
(j) A repository that receives donated prescription drugs or supplies may distribute the donated prescription drugs or supplies to another repository for use pursuant to the program or to similar repository programs in other states.
(k) Participation in the program is voluntary.
Added by 2023 Tenn. Acts, ch. 200, s 1, eff. 1/1/2024.
Tenn. Code Ann. § 63-11-307 — TN Code / Title 63 / Chapter 11 / Section 63-11-307
Term of license - Requirements for initial or renewed licensure - Provisional licensing - Promulgation of rules
Status: in_force

(a) Licenses for LBAs and LABAs shall be valid for two (2) years from the date of issuance. (b) A person applying for initial or renewed licensure shall provide: (1) Evidence of current certification at the required certification level; (2) A photocopy of valid photo identification; (3) A completed application form; and (4) A notarized statement indicating that the applicant is in good standing with the certifying entity and the committee, and has complied with all requirements of this part. (c) The committee may grant provisional licenses for LBA and LABA to any person qualified by the department of disability and aging to provide behavior analysis services prior to July 12, 2012, if such person: (1) Provides a notarized statement and evidence that they are in good standing with the standards and the guidelines of the department of disability and aging for granting such qualification; (2) Provides a photocopy of a valid photo identification; (3) Submits a completed application form; (4) Pays all applicable fees for licensure and licensure renewal for the required certification level; and (5) Has received certification by the BACB and applied for and obtained a regular license under the terms of this section by July 1, 2019. (d) The committee shall promulgate rules to establish reasonable and necessary fees for licensure and licensure renewal for both LBAs and LABAs so that, in the aggregate, such fees produce sufficient revenue to cover the cost of administering this part. Amended by 2024 Tenn. Acts, ch. 688,s 150, eff. 7/1/2024. Acts 2014 , ch. 918, § 2.
(a) Licenses for LBAs and LABAs shall be valid for two (2) years from the date of issuance.
(b) A person applying for initial or renewed licensure shall provide: (1) Evidence of current certification at the required certification level; (2) A photocopy of valid photo identification; (3) A completed application form; and (4) A notarized statement indicating that the applicant is in good standing with the certifying entity and the committee, and has complied with all requirements of this part.
(1) Evidence of current certification at the required certification level;
(2) A photocopy of valid photo identification;
(3) A completed application form; and
(4) A notarized statement indicating that the applicant is in good standing with the certifying entity and the committee, and has complied with all requirements of this part.
(c) The committee may grant provisional licenses for LBA and LABA to any person qualified by the department of disability and aging to provide behavior analysis services prior to July 12, 2012, if such person: (1) Provides a notarized statement and evidence that they are in good standing with the standards and the guidelines of the department of disability and aging for granting such qualification; (2) Provides a photocopy of a valid photo identification; (3) Submits a completed application form; (4) Pays all applicable fees for licensure and licensure renewal for the required certification level; and (5) Has received certification by the BACB and applied for and obtained a regular license under the terms of this section by July 1, 2019.
(1) Provides a notarized statement and evidence that they are in good standing with the standards and the guidelines of the department of disability and aging for granting such qualification;
(2) Provides a photocopy of a valid photo identification;
(3) Submits a completed application form;
(4) Pays all applicable fees for licensure and licensure renewal for the required certification level; and
(5) Has received certification by the BACB and applied for and obtained a regular license under the terms of this section by July 1, 2019.
(d) The committee shall promulgate rules to establish reasonable and necessary fees for licensure and licensure renewal for both LBAs and LABAs so that, in the aggregate, such fees produce sufficient revenue to cover the cost of administering this part.
Amended by 2024 Tenn. Acts, ch. 688,s 150, eff. 7/1/2024.
Acts 2014 , ch. 918, § 2.
Tenn. Code Ann. § 63-19-310 — TN Code / Title 63 / Chapter 19 / Section 63-19-310
Rulemaking
Status: in_force

(a) The Commission shall exercise its Rulemaking powers pursuant to the criteria set forth in this Section and the Rules adopted thereunder. Commission Rules shall become binding as of the date specified by the Commission for each Rule. (b) The Commission shall promulgate reasonable Rules in order to effectively and efficiently implement and administer this Compact and achieve its purposes. A Commission Rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the Rule is invalid because the Commission exercised its rulemaking authority in a manner that is beyond the scope of the purposes of this Compact, or the powers granted hereunder, or based upon another applicable standard of review. (c) The Rules of the Commission shall have the force of law in each Participating State, provided, however, that where the Rules of the Commission conflict with the laws of the Participating State that establish the medical services a Physician Assistant may perform in the Participating State, as held by a court of competent jurisdiction, the Rules of the Commission shall be ineffective in that State to the extent of the conflict. (d) If a majority of the legislatures of the Participating States rejects a Commission Rule, by enactment of a statute or resolution in the same manner used to adopt this Compact within four (4) years of the date of adoption of the Rule, then such Rule shall have no further force and effect in any Participating State or to any State applying to participate in the Compact. (e) Commission Rules shall be adopted at a regular or special meeting of the Commission. (f) Prior to promulgation and adoption of a final Rule or Rules by the Commission, and at least thirty (30) days in advance of the meeting at which the Rule will be considered and voted upon, the Commission shall file a Notice of Proposed Rulemaking: (1) On the website of the Commission or other publicly accessible platform; (2) To persons who have requested notice of the Commission's notices of proposed rulemaking; and (3) In such other way(s) as the Commission may by Rule specify. (g) The Notice of Proposed Rulemaking shall include: (1) The time, date, and location of the public hearing on the proposed Rule and the proposed time, date, and location of the meeting in which the proposed Rule will be considered and voted upon; (2) The text of the proposed Rule and the reason for the proposed Rule; (3) A request for comments on the proposed Rule from any interested person and the date by which written comments must be received; and (4) The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing or provide any written comments. (h) Prior to adoption of a proposed Rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public. (i) If the hearing is to be held via electronic means, the Commission shall publish the mechanism for access to the electronic hearing. (1) All persons wishing to be heard at the hearing shall as directed in the Notice of Proposed Rulemaking, not less than five (5) business days before the scheduled date of the hearing, notify the Commission of their desire to appear and testify at the hearing. (2) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing. (3) All hearings shall be recorded. A copy of the recording and the written comments, data, facts, opinions, and arguments received in response to the proposed rulemaking shall be made available to a person upon request. (4) Nothing in this section shall be construed as requiring a separate hearing on each proposed Rule. Proposed Rules may be grouped for the convenience of the Commission at hearings required by this section. (j) Following the public hearing the Commission shall consider all written and oral comments timely received. (k) The Commission shall, by majority vote of all delegates, take final action on the proposed Rule and shall determine the effective date of the Rule, if adopted, based on the Rulemaking record and the full text of the Rule. (1) If adopted, the Rule shall be posted on the Commission's website. (2) The Commission may adopt changes to the proposed Rule provided the changes do not enlarge the original purpose of the proposed Rule. (3) The Commission shall provide on its website an explanation of the reasons for substantive changes made to the proposed Rule as well as reasons for substantive changes not made that were recommended by commenters. (4) The Commission shall determine a reasonable effective date for the Rule. Except for an emergency as provided in subsection ( l ), the effective date of the Rule shall be no sooner than thirty (30) days after the Commission issued the notice that it adopted the Rule. (l) Upon determination that an emergency exists, the Commission may consider and adopt an emergency Rule with twenty-four (24) hours' prior notice, without the opportunity for comment, or hearing; provided, that the usual rulemaking procedures provided in this Compact and in this section shall be retroactively applied to the Rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the Rule. For the purposes of this provision, an emergency Rule is one that must be adopted immediately by the Commission in order to: (1) Meet an imminent threat to public health, safety, or welfare; (2) Prevent a loss of Commission or Participating State funds; (3) Meet a deadline for the promulgation of a Commission Rule that is established by federal law or Rule; or (4) Protect public health and safety. (m) The Commission or an authorized committee of the Commission may direct revisions to a previously adopted Commission Rule for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a Rule. A challenge shall be made as set forth in the notice of revisions and delivered to the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission. (n) No Participating State's rulemaking requirements shall apply under this Compact. Added by 2024 Tenn. Acts, ch. 1018,s 1, eff. 1/1/2025.
(a) The Commission shall exercise its Rulemaking powers pursuant to the criteria set forth in this Section and the Rules adopted thereunder. Commission Rules shall become binding as of the date specified by the Commission for each Rule.
(b) The Commission shall promulgate reasonable Rules in order to effectively and efficiently implement and administer this Compact and achieve its purposes. A Commission Rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the Rule is invalid because the Commission exercised its rulemaking authority in a manner that is beyond the scope of the purposes of this Compact, or the powers granted hereunder, or based upon another applicable standard of review.
(c) The Rules of the Commission shall have the force of law in each Participating State, provided, however, that where the Rules of the Commission conflict with the laws of the Participating State that establish the medical services a Physician Assistant may perform in the Participating State, as held by a court of competent jurisdiction, the Rules of the Commission shall be ineffective in that State to the extent of the conflict.
(d) If a majority of the legislatures of the Participating States rejects a Commission Rule, by enactment of a statute or resolution in the same manner used to adopt this Compact within four (4) years of the date of adoption of the Rule, then such Rule shall have no further force and effect in any Participating State or to any State applying to participate in the Compact.
(e) Commission Rules shall be adopted at a regular or special meeting of the Commission.
(f) Prior to promulgation and adoption of a final Rule or Rules by the Commission, and at least thirty (30) days in advance of the meeting at which the Rule will be considered and voted upon, the Commission shall file a Notice of Proposed Rulemaking: (1) On the website of the Commission or other publicly accessible platform; (2) To persons who have requested notice of the Commission's notices of proposed rulemaking; and (3) In such other way(s) as the Commission may by Rule specify.
(1) On the website of the Commission or other publicly accessible platform;
(2) To persons who have requested notice of the Commission's notices of proposed rulemaking; and
(3) In such other way(s) as the Commission may by Rule specify.
(g) The Notice of Proposed Rulemaking shall include: (1) The time, date, and location of the public hearing on the proposed Rule and the proposed time, date, and location of the meeting in which the proposed Rule will be considered and voted upon; (2) The text of the proposed Rule and the reason for the proposed Rule; (3) A request for comments on the proposed Rule from any interested person and the date by which written comments must be received; and (4) The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing or provide any written comments.
(1) The time, date, and location of the public hearing on the proposed Rule and the proposed time, date, and location of the meeting in which the proposed Rule will be considered and voted upon;
(2) The text of the proposed Rule and the reason for the proposed Rule;
(3) A request for comments on the proposed Rule from any interested person and the date by which written comments must be received; and
(4) The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing or provide any written comments.
(h) Prior to adoption of a proposed Rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.
(i) If the hearing is to be held via electronic means, the Commission shall publish the mechanism for access to the electronic hearing. (1) All persons wishing to be heard at the hearing shall as directed in the Notice of Proposed Rulemaking, not less than five (5) business days before the scheduled date of the hearing, notify the Commission of their desire to appear and testify at the hearing. (2) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing. (3) All hearings shall be recorded. A copy of the recording and the written comments, data, facts, opinions, and arguments received in response to the proposed rulemaking shall be made available to a person upon request. (4) Nothing in this section shall be construed as requiring a separate hearing on each proposed Rule. Proposed Rules may be grouped for the convenience of the Commission at hearings required by this section.
(1) All persons wishing to be heard at the hearing shall as directed in the Notice of Proposed Rulemaking, not less than five (5) business days before the scheduled date of the hearing, notify the Commission of their desire to appear and testify at the hearing.
(2) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.
(3) All hearings shall be recorded. A copy of the recording and the written comments, data, facts, opinions, and arguments received in response to the proposed rulemaking shall be made available to a person upon request.
(4) Nothing in this section shall be construed as requiring a separate hearing on each proposed Rule. Proposed Rules may be grouped for the convenience of the Commission at hearings required by this section.
(j) Following the public hearing the Commission shall consider all written and oral comments timely received.
(k) The Commission shall, by majority vote of all delegates, take final action on the proposed Rule and shall determine the effective date of the Rule, if adopted, based on the Rulemaking record and the full text of the Rule. (1) If adopted, the Rule shall be posted on the Commission's website. (2) The Commission may adopt changes to the proposed Rule provided the changes do not enlarge the original purpose of the proposed Rule. (3) The Commission shall provide on its website an explanation of the reasons for substantive changes made to the proposed Rule as well as reasons for substantive changes not made that were recommended by commenters. (4) The Commission shall determine a reasonable effective date for the Rule. Except for an emergency as provided in subsection ( l ), the effective date of the Rule shall be no sooner than thirty (30) days after the Commission issued the notice that it adopted the Rule.
(1) If adopted, the Rule shall be posted on the Commission's website.
(2) The Commission may adopt changes to the proposed Rule provided the changes do not enlarge the original purpose of the proposed Rule.
(3) The Commission shall provide on its website an explanation of the reasons for substantive changes made to the proposed Rule as well as reasons for substantive changes not made that were recommended by commenters.
(4) The Commission shall determine a reasonable effective date for the Rule. Except for an emergency as provided in subsection ( l ), the effective date of the Rule shall be no sooner than thirty (30) days after the Commission issued the notice that it adopted the Rule.
(l) Upon determination that an emergency exists, the Commission may consider and adopt an emergency Rule with twenty-four (24) hours' prior notice, without the opportunity for comment, or hearing; provided, that the usual rulemaking procedures provided in this Compact and in this section shall be retroactively applied to the Rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the Rule. For the purposes of this provision, an emergency Rule is one that must be adopted immediately by the Commission in order to: (1) Meet an imminent threat to public health, safety, or welfare; (2) Prevent a loss of Commission or Participating State funds; (3) Meet a deadline for the promulgation of a Commission Rule that is established by federal law or Rule; or (4) Protect public health and safety.
(1) Meet an imminent threat to public health, safety, or welfare;
(2) Prevent a loss of Commission or Participating State funds;
(3) Meet a deadline for the promulgation of a Commission Rule that is established by federal law or Rule; or
(4) Protect public health and safety.
(m) The Commission or an authorized committee of the Commission may direct revisions to a previously adopted Commission Rule for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a Rule. A challenge shall be made as set forth in the notice of revisions and delivered to the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.
(n) No Participating State's rulemaking requirements shall apply under this Compact.
Added by 2024 Tenn. Acts, ch. 1018,s 1, eff. 1/1/2025.
Tenn. Code Ann. § 63-10-220 — TN Code / Title 63 / Chapter 10 / Section 63-10-220
Facilities engaging in distribution of dialysate and devices for home use
Status: in_force

(a) This chapter does not apply to a facility to the extent the facility engages in the distribution of dialysate or devices necessary to perform home peritoneal kidney dialysis to patients with end stage renal disease if: (1) The dialysate are comprised of dextrose or icodextrin, and the dialysate and devices are approved or cleared by the federal food and drug administration, as required by federal law; (2) The dialysate and devices are lawfully held by a manufacturer or manufacturer's agent that is properly registered with the board as a manufacturer or third-party logistics provider; (3) The dialysate and devices are held and delivered in their original, sealed packaging from the facility; (4) The dialysate and devices are delivered only by the manufacturer or the manufacturer's agent and only upon receipt and review of a physician's prescription by a pharmacist licensed in this state before dispensing; and (5) The manufacturer or manufacturer's agent delivers the dialysate and devices directly to: (A) Patients with end stage renal disease or such patient's designee for the patient's self-administration of the dialysis therapy; or (B) Healthcare providers or institutions for administration or delivery of the dialysis therapy to a patient with end stage renal disease. (b) Records of all sales and distribution of dialysate and devices made pursuant to this section must be retained and made readily available for inspection and copying by the board of pharmacy for two (2) years from the date of distribution. (c) The board of pharmacy retains oversight of all drugs for peritoneal dialysis except dialysate. Added by 2017 Tenn. Acts, ch. 89, s 1, eff. 7/1/2017.
(a) This chapter does not apply to a facility to the extent the facility engages in the distribution of dialysate or devices necessary to perform home peritoneal kidney dialysis to patients with end stage renal disease if: (1) The dialysate are comprised of dextrose or icodextrin, and the dialysate and devices are approved or cleared by the federal food and drug administration, as required by federal law; (2) The dialysate and devices are lawfully held by a manufacturer or manufacturer's agent that is properly registered with the board as a manufacturer or third-party logistics provider; (3) The dialysate and devices are held and delivered in their original, sealed packaging from the facility; (4) The dialysate and devices are delivered only by the manufacturer or the manufacturer's agent and only upon receipt and review of a physician's prescription by a pharmacist licensed in this state before dispensing; and (5) The manufacturer or manufacturer's agent delivers the dialysate and devices directly to: (A) Patients with end stage renal disease or such patient's designee for the patient's self-administration of the dialysis therapy; or (B) Healthcare providers or institutions for administration or delivery of the dialysis therapy to a patient with end stage renal disease.
(1) The dialysate are comprised of dextrose or icodextrin, and the dialysate and devices are approved or cleared by the federal food and drug administration, as required by federal law;
(2) The dialysate and devices are lawfully held by a manufacturer or manufacturer's agent that is properly registered with the board as a manufacturer or third-party logistics provider;
(3) The dialysate and devices are held and delivered in their original, sealed packaging from the facility;
(4) The dialysate and devices are delivered only by the manufacturer or the manufacturer's agent and only upon receipt and review of a physician's prescription by a pharmacist licensed in this state before dispensing; and
(5) The manufacturer or manufacturer's agent delivers the dialysate and devices directly to: (A) Patients with end stage renal disease or such patient's designee for the patient's self-administration of the dialysis therapy; or (B) Healthcare providers or institutions for administration or delivery of the dialysis therapy to a patient with end stage renal disease.
(A) Patients with end stage renal disease or such patient's designee for the patient's self-administration of the dialysis therapy; or
(B) Healthcare providers or institutions for administration or delivery of the dialysis therapy to a patient with end stage renal disease.
(b) Records of all sales and distribution of dialysate and devices made pursuant to this section must be retained and made readily available for inspection and copying by the board of pharmacy for two (2) years from the date of distribution.
(c) The board of pharmacy retains oversight of all drugs for peritoneal dialysis except dialysate.
Added by 2017 Tenn. Acts, ch. 89, s 1, eff. 7/1/2017.
Tenn. Code Ann. § 63-4-119 — TN Code / Title 63 / Chapter 4 / Section 63-4-119
X-ray operators
Status: in_force

(a) (1) The board shall adopt rules and regulations that shall establish minimum educational standards and criteria for persons operating X-ray equipment for diagnostic purposes in chiropractic physicians' offices. (2) These regulations may include, but are not limited to, provisions for grandfathering, waiver, reciprocity, renewal, continuing education, fees, examination and hardship cases. (b) No person shall perform X-ray procedures in a chiropractic physician's office who does not meet these standards and who has not received a certificate of proficiency from the board. Acts 1982, ch. 887, § 3; 1983, ch. 205, § 4.
(a) (1) The board shall adopt rules and regulations that shall establish minimum educational standards and criteria for persons operating X-ray equipment for diagnostic purposes in chiropractic physicians' offices. (2) These regulations may include, but are not limited to, provisions for grandfathering, waiver, reciprocity, renewal, continuing education, fees, examination and hardship cases.
(1) The board shall adopt rules and regulations that shall establish minimum educational standards and criteria for persons operating X-ray equipment for diagnostic purposes in chiropractic physicians' offices.
(2) These regulations may include, but are not limited to, provisions for grandfathering, waiver, reciprocity, renewal, continuing education, fees, examination and hardship cases.
(b) No person shall perform X-ray procedures in a chiropractic physician's office who does not meet these standards and who has not received a certificate of proficiency from the board.
Acts 1982, ch. 887, § 3; 1983, ch. 205, § 4.
Tenn. Code Ann. § 63-1-167 — TN Code / Title 63 / Chapter 1 / Section 63-1-167
Exemption from licensing requirements for medical professionals participating in federal lnnovative Readiness Training programs
Status: in_force

(a) Notwithstanding any requirement for the licensure of a medical professional by a health related board listed in § 68-1-101 , a medical professional who has a current license to practice from another state, commonwealth, territory, or the District of Columbia is exempt from the licensure requirements of such boards, if: (1) The medical professional is an active or reserve member of the armed forces of the United States, a member of the national guard, a civilian employee of the United States department of defense, an authorized personal services contractor under 10 U.S.C. § 1091 , or a healthcare professional otherwise authorized by the department of defense; and (2) The medical professional is engaged in the practice of a medical profession listed in § 68-1-101 through a program in partnership with the federal Innovative Readiness Training. (b) The exemption provided by this section only applies while: (1) The medical professional's practice is required by the program pursuant to military orders; and (2) The services provided by the medical professional are within the scope of practice for the individual's respective profession in this state. (c) This section does not permit a medical professional exempt by this section to engage in the practice of a medical profession listed in § 68-1-101 , except as part of federal Innovative Readiness Training as described in this section. (d) The respective health related board may promulgate rules to effectuate this section. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Added by 2019 Tenn. Acts, ch. 255,s 1, eff. 7/1/2019.
(a) Notwithstanding any requirement for the licensure of a medical professional by a health related board listed in § 68-1-101 , a medical professional who has a current license to practice from another state, commonwealth, territory, or the District of Columbia is exempt from the licensure requirements of such boards, if: (1) The medical professional is an active or reserve member of the armed forces of the United States, a member of the national guard, a civilian employee of the United States department of defense, an authorized personal services contractor under 10 U.S.C. § 1091 , or a healthcare professional otherwise authorized by the department of defense; and (2) The medical professional is engaged in the practice of a medical profession listed in § 68-1-101 through a program in partnership with the federal Innovative Readiness Training.
(1) The medical professional is an active or reserve member of the armed forces of the United States, a member of the national guard, a civilian employee of the United States department of defense, an authorized personal services contractor under 10 U.S.C. § 1091 , or a healthcare professional otherwise authorized by the department of defense; and
(2) The medical professional is engaged in the practice of a medical profession listed in § 68-1-101 through a program in partnership with the federal Innovative Readiness Training.
(b) The exemption provided by this section only applies while: (1) The medical professional's practice is required by the program pursuant to military orders; and (2) The services provided by the medical professional are within the scope of practice for the individual's respective profession in this state.
(1) The medical professional's practice is required by the program pursuant to military orders; and
(2) The services provided by the medical professional are within the scope of practice for the individual's respective profession in this state.
(c) This section does not permit a medical professional exempt by this section to engage in the practice of a medical profession listed in § 68-1-101 , except as part of federal Innovative Readiness Training as described in this section.
(d) The respective health related board may promulgate rules to effectuate this section. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Added by 2019 Tenn. Acts, ch. 255,s 1, eff. 7/1/2019.
Tenn. Code Ann. § 63-6-1007 — TN Code / Title 63 / Chapter 6 / Section 63-6-1007
Disciplinary action
Status: in_force

The board, in consultation with the committee, may deny, suspend or revoke certification, require remedial education or issue a letter of reprimand, if an applicant or certified acupuncturist: (1) Engages in false or fraudulent conduct that demonstrates an unfitness to practice acupuncture, including: (A) Misrepresentation in connection with an applicant for certification or an investigation by the committee; (B) Attempting to collect fees for services that were not performed; (C) False advertising, including guaranteeing that a cure will result from an acupuncture treatment; or (D) Dividing or agreeing to divide a fee with anyone for referring the patient for acupuncture; (2) Fails to exercise proper control over one's practice by: (A) Delegating professional responsibilities to a person the acupuncturist knows or should know is not qualified to perform; or (B) Failing to exercise proper control over uncertified personnel working with the practice; (3) Fails to maintain records in a proper manner by: (A) Failing to keep written records describing the course of treatment for each patient; (B) Refusing to provide a patient, upon request, records that have been prepared for or paid for by the patient; or (C) Revealing personally identifiable information about a patient, without consent, unless otherwise authorized by law; (4) Fails to exercise proper care of a patient, including the exercising or attempting to exercise undue influence in the acupuncturist-patient relationship by making sexual advances or requests for sexual activity or making submission to such conduct a condition of treatment; (5) Displays substance abuse or mental impairment to such a degree as to interfere with the ability to provide safe and effective treatment; (6) Is convicted of or pleads guilty or no contest to any crime that demonstrates an unfitness to practice acupuncture; (7) Negligently fails to practice acupuncture with the level of skill recognized within the profession as acceptable under such circumstances; (8) Willfully violates any provision of this part or rule of the commission; or (9) Has had a certificate or license denied, suspended or revoked in another jurisdiction for any reason that would be grounds for such action in Tennessee. Acts 2000, ch. 685, § 9.
The board, in consultation with the committee, may deny, suspend or revoke certification, require remedial education or issue a letter of reprimand, if an applicant or certified acupuncturist:
(1) Engages in false or fraudulent conduct that demonstrates an unfitness to practice acupuncture, including: (A) Misrepresentation in connection with an applicant for certification or an investigation by the committee; (B) Attempting to collect fees for services that were not performed; (C) False advertising, including guaranteeing that a cure will result from an acupuncture treatment; or (D) Dividing or agreeing to divide a fee with anyone for referring the patient for acupuncture;
(A) Misrepresentation in connection with an applicant for certification or an investigation by the committee;
(B) Attempting to collect fees for services that were not performed;
(C) False advertising, including guaranteeing that a cure will result from an acupuncture treatment; or
(D) Dividing or agreeing to divide a fee with anyone for referring the patient for acupuncture;
(2) Fails to exercise proper control over one's practice by: (A) Delegating professional responsibilities to a person the acupuncturist knows or should know is not qualified to perform; or (B) Failing to exercise proper control over uncertified personnel working with the practice;
(A) Delegating professional responsibilities to a person the acupuncturist knows or should know is not qualified to perform; or
(B) Failing to exercise proper control over uncertified personnel working with the practice;
(3) Fails to maintain records in a proper manner by: (A) Failing to keep written records describing the course of treatment for each patient; (B) Refusing to provide a patient, upon request, records that have been prepared for or paid for by the patient; or (C) Revealing personally identifiable information about a patient, without consent, unless otherwise authorized by law;
(A) Failing to keep written records describing the course of treatment for each patient;
(B) Refusing to provide a patient, upon request, records that have been prepared for or paid for by the patient; or
(C) Revealing personally identifiable information about a patient, without consent, unless otherwise authorized by law;
(4) Fails to exercise proper care of a patient, including the exercising or attempting to exercise undue influence in the acupuncturist-patient relationship by making sexual advances or requests for sexual activity or making submission to such conduct a condition of treatment;
(5) Displays substance abuse or mental impairment to such a degree as to interfere with the ability to provide safe and effective treatment;
(6) Is convicted of or pleads guilty or no contest to any crime that demonstrates an unfitness to practice acupuncture;
(7) Negligently fails to practice acupuncture with the level of skill recognized within the profession as acceptable under such circumstances;
(8) Willfully violates any provision of this part or rule of the commission; or
(9) Has had a certificate or license denied, suspended or revoked in another jurisdiction for any reason that would be grounds for such action in Tennessee.
Acts 2000, ch. 685, § 9.
Tenn. Code Ann. § 63-25-110 — TN Code / Title 63 / Chapter 25 / Section 63-25-110
Disciplinary action
Status: in_force

(a) The board is empowered to deny or refuse to renew a license, or suspend or revoke a license or permit, or issue orders to cease and desist from certain conduct or to otherwise lawfully discipline an applicant, a licensee, a permittee or a person found guilty of violating any provisions of this chapter when such person has: (1) Attempted or obtained licensure by fraud or misrepresentation; (2) Engaged in unethical or unprofessional conduct, including, but not limited to, willful acts, negligence or a pattern of continued and repeated health care liability, negligence or incompetence in the course of professional practice; (3) Engaged in habitual intoxication or personal misuse of any drug, narcotic, controlled substance or controlled substance analogue so as to adversely affect the person's ability to practice; (4) Been convicted of a felony or any offense under state or federal laws involving moral turpitude; (5) Violated any lawful order, rule or regulation rendered or adopted by the board; or (6) Violated any provision of this chapter. (b) All administrative proceedings for disciplinary action against a license holder or permittee shall be conducted by the board in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (c) The board shall promulgate rules governing the assessment of costs against a licensee or other person found by the board to have violated any provision of this chapter. The costs assessed by the board may include only those costs directly related to the prosecution of the charges against the licensee or other person, including investigatory costs where appropriate. The board shall determine the appropriate amount of costs, if any, to be assessed in a contested case. These costs shall be reasonable and proportionate in light of the violation committed by the licensee or other person. (d) (1) Any elected officer of the board, or any duly appointed or elected chair has the authority to administer oaths to witnesses. Upon probable cause being established, the board, by a vote of two-thirds (2/3) of the members to which the board is entitled, may issue subpoenas for the attendance of witnesses and the production of documents and records. (2) Service of a subpoena issued by the board shall be made by the sheriff of the county of residence of the licensee or person upon whom the subpoena is served. (3) (A) A licensee or person served by subpoena shall have thirty (30) days to request in writing a hearing before the board for the sole purpose of making a special appearance to quash or modify the subpoena. The subpoena for attendance of the person or the production of books and records shall be stayed until the board votes upon the request to quash or modify the subpoena. A majority vote of the members to which the board is entitled shall be required to quash or modify a subpoena. (B) A motion to appeal from a decision by the board regarding a request to quash or modify a subpoena shall be made to the chancery court in Davidson County within fifteen (15) days of such decision. (4) If any witness fails or refuses to obey a subpoena issued by it, the board is authorized to make application to any court of record in this state within the jurisdiction of which the witness is found or resides, and the court shall have power to attach the body of the witness and compel the witness to appear before the board and give testimony or produce books, records or papers as ordered. Any failure to obey the court order may be punished by the court issuing the order as a civil contempt. (5) Each witness who appears before the board by order of the board shall receive for attendance the compensation provided by law for attendance of witnesses in a court of record, which shall be paid from the funds of the board in the same manner as all other expenses of the board are paid. (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 39, eff. 7/1/2018. Acts 1987, ch. 384, § 12; 1999, ch. 441, §3; 2012 , ch. 798, §48; 2012 , ch. 848, § 81.
(a) The board is empowered to deny or refuse to renew a license, or suspend or revoke a license or permit, or issue orders to cease and desist from certain conduct or to otherwise lawfully discipline an applicant, a licensee, a permittee or a person found guilty of violating any provisions of this chapter when such person has: (1) Attempted or obtained licensure by fraud or misrepresentation; (2) Engaged in unethical or unprofessional conduct, including, but not limited to, willful acts, negligence or a pattern of continued and repeated health care liability, negligence or incompetence in the course of professional practice; (3) Engaged in habitual intoxication or personal misuse of any drug, narcotic, controlled substance or controlled substance analogue so as to adversely affect the person's ability to practice; (4) Been convicted of a felony or any offense under state or federal laws involving moral turpitude; (5) Violated any lawful order, rule or regulation rendered or adopted by the board; or (6) Violated any provision of this chapter.
(1) Attempted or obtained licensure by fraud or misrepresentation;
(2) Engaged in unethical or unprofessional conduct, including, but not limited to, willful acts, negligence or a pattern of continued and repeated health care liability, negligence or incompetence in the course of professional practice;
(3) Engaged in habitual intoxication or personal misuse of any drug, narcotic, controlled substance or controlled substance analogue so as to adversely affect the person's ability to practice;
(4) Been convicted of a felony or any offense under state or federal laws involving moral turpitude;
(5) Violated any lawful order, rule or regulation rendered or adopted by the board; or
(6) Violated any provision of this chapter.
(b) All administrative proceedings for disciplinary action against a license holder or permittee shall be conducted by the board in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c) The board shall promulgate rules governing the assessment of costs against a licensee or other person found by the board to have violated any provision of this chapter. The costs assessed by the board may include only those costs directly related to the prosecution of the charges against the licensee or other person, including investigatory costs where appropriate. The board shall determine the appropriate amount of costs, if any, to be assessed in a contested case. These costs shall be reasonable and proportionate in light of the violation committed by the licensee or other person.
(d) (1) Any elected officer of the board, or any duly appointed or elected chair has the authority to administer oaths to witnesses. Upon probable cause being established, the board, by a vote of two-thirds (2/3) of the members to which the board is entitled, may issue subpoenas for the attendance of witnesses and the production of documents and records. (2) Service of a subpoena issued by the board shall be made by the sheriff of the county of residence of the licensee or person upon whom the subpoena is served. (3) (A) A licensee or person served by subpoena shall have thirty (30) days to request in writing a hearing before the board for the sole purpose of making a special appearance to quash or modify the subpoena. The subpoena for attendance of the person or the production of books and records shall be stayed until the board votes upon the request to quash or modify the subpoena. A majority vote of the members to which the board is entitled shall be required to quash or modify a subpoena. (B) A motion to appeal from a decision by the board regarding a request to quash or modify a subpoena shall be made to the chancery court in Davidson County within fifteen (15) days of such decision. (4) If any witness fails or refuses to obey a subpoena issued by it, the board is authorized to make application to any court of record in this state within the jurisdiction of which the witness is found or resides, and the court shall have power to attach the body of the witness and compel the witness to appear before the board and give testimony or produce books, records or papers as ordered. Any failure to obey the court order may be punished by the court issuing the order as a civil contempt. (5) Each witness who appears before the board by order of the board shall receive for attendance the compensation provided by law for attendance of witnesses in a court of record, which shall be paid from the funds of the board in the same manner as all other expenses of the board are paid.
(1) Any elected officer of the board, or any duly appointed or elected chair has the authority to administer oaths to witnesses. Upon probable cause being established, the board, by a vote of two-thirds (2/3) of the members to which the board is entitled, may issue subpoenas for the attendance of witnesses and the production of documents and records.
(2) Service of a subpoena issued by the board shall be made by the sheriff of the county of residence of the licensee or person upon whom the subpoena is served.
(3) (A) A licensee or person served by subpoena shall have thirty (30) days to request in writing a hearing before the board for the sole purpose of making a special appearance to quash or modify the subpoena. The subpoena for attendance of the person or the production of books and records shall be stayed until the board votes upon the request to quash or modify the subpoena. A majority vote of the members to which the board is entitled shall be required to quash or modify a subpoena. (B) A motion to appeal from a decision by the board regarding a request to quash or modify a subpoena shall be made to the chancery court in Davidson County within fifteen (15) days of such decision.
(A) A licensee or person served by subpoena shall have thirty (30) days to request in writing a hearing before the board for the sole purpose of making a special appearance to quash or modify the subpoena. The subpoena for attendance of the person or the production of books and records shall be stayed until the board votes upon the request to quash or modify the subpoena. A majority vote of the members to which the board is entitled shall be required to quash or modify a subpoena.
(B) A motion to appeal from a decision by the board regarding a request to quash or modify a subpoena shall be made to the chancery court in Davidson County within fifteen (15) days of such decision.
(4) If any witness fails or refuses to obey a subpoena issued by it, the board is authorized to make application to any court of record in this state within the jurisdiction of which the witness is found or resides, and the court shall have power to attach the body of the witness and compel the witness to appear before the board and give testimony or produce books, records or papers as ordered. Any failure to obey the court order may be punished by the court issuing the order as a civil contempt.
(5) Each witness who appears before the board by order of the board shall receive for attendance the compensation provided by law for attendance of witnesses in a court of record, which shall be paid from the funds of the board in the same manner as all other expenses of the board are paid.
(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 39, eff. 7/1/2018.
Acts 1987, ch. 384, § 12; 1999, ch. 441, §3; 2012 , ch. 798, §48; 2012 , ch. 848, § 81.
Tenn. Code Ann. § 63-19-309 — TN Code / Title 63 / Chapter 19 / Section 63-19-309
Data System
Status: in_force

(a) The Commission shall provide for the development, maintenance, operation, and utilization of a coordinated data and reporting system containing licensure, Adverse Action, and the reporting of the existence of Significant Investigative Information on all licensed Physician Assistants and applicants denied a License in Participating States. (b) Notwithstanding any other State law to the contrary, a Participating State shall submit a uniform data set to the Data System on all Physician Assistants to whom this Compact is applicable (utilizing a unique identifier) as required by the Rules of the Commission, including: (1) Identifying information; (2) Licensure data; (3) Adverse Actions against a License or Compact Privilege; (4) Any denial of application for licensure, and the reason(s) for such denial (excluding the reporting of any Criminal history record information where prohibited by law); (5) The existence of Significant Investigative Information; and (6) Other information that may facilitate the administration of this Compact, as determined by the Rules of the Commission. (c) Significant Investigative Information pertaining to a Licensee in any Participating State shall only be available to other Participating States. (d) The Commission shall promptly notify all Participating States of any Adverse Action taken against a Licensee or an individual applying for a License that has been reported to it. This Adverse Action information shall be available to any other Participating State. (e) Participating States contributing information to the Data System may, in accordance with State or federal law, designate information that may not be shared with the public without the express permission of the contributing State. Notwithstanding any such designation, such information shall be reported to the Commission through the Data System. (f) Any information submitted to the Data System that is subsequently expunged pursuant to federal law or the laws of the Participating State contributing the information shall be removed from the Data System upon reporting of such by the Participating State to the Commission. (g) The records and information provided to a Participating State pursuant to this Compact or through the Data System, when certified by the Commission or an agent thereof, shall constitute the authenticated business records of the Commission, and shall be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial, or administrative proceedings in a Participating State. Added by 2024 Tenn. Acts, ch. 1018,s 1, eff. 1/1/2025.
(a) The Commission shall provide for the development, maintenance, operation, and utilization of a coordinated data and reporting system containing licensure, Adverse Action, and the reporting of the existence of Significant Investigative Information on all licensed Physician Assistants and applicants denied a License in Participating States.
(b) Notwithstanding any other State law to the contrary, a Participating State shall submit a uniform data set to the Data System on all Physician Assistants to whom this Compact is applicable (utilizing a unique identifier) as required by the Rules of the Commission, including: (1) Identifying information; (2) Licensure data; (3) Adverse Actions against a License or Compact Privilege; (4) Any denial of application for licensure, and the reason(s) for such denial (excluding the reporting of any Criminal history record information where prohibited by law); (5) The existence of Significant Investigative Information; and (6) Other information that may facilitate the administration of this Compact, as determined by the Rules of the Commission.
(1) Identifying information;
(2) Licensure data;
(3) Adverse Actions against a License or Compact Privilege;
(4) Any denial of application for licensure, and the reason(s) for such denial (excluding the reporting of any Criminal history record information where prohibited by law);
(5) The existence of Significant Investigative Information; and
(6) Other information that may facilitate the administration of this Compact, as determined by the Rules of the Commission.
(c) Significant Investigative Information pertaining to a Licensee in any Participating State shall only be available to other Participating States.
(d) The Commission shall promptly notify all Participating States of any Adverse Action taken against a Licensee or an individual applying for a License that has been reported to it. This Adverse Action information shall be available to any other Participating State.
(e) Participating States contributing information to the Data System may, in accordance with State or federal law, designate information that may not be shared with the public without the express permission of the contributing State. Notwithstanding any such designation, such information shall be reported to the Commission through the Data System.
(f) Any information submitted to the Data System that is subsequently expunged pursuant to federal law or the laws of the Participating State contributing the information shall be removed from the Data System upon reporting of such by the Participating State to the Commission.
(g) The records and information provided to a Participating State pursuant to this Compact or through the Data System, when certified by the Commission or an agent thereof, shall constitute the authenticated business records of the Commission, and shall be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial, or administrative proceedings in a Participating State.
Added by 2024 Tenn. Acts, ch. 1018,s 1, eff. 1/1/2025.
Tenn. Code Ann. § 63-6-706 — TN Code / Title 63 / Chapter 6 / Section 63-6-706
Registration requirements - Revocation
Status: in_force

(a) (1) Before providing volunteer medical services in this state, a sponsoring organization shall register with the department of health by submitting a registration fee of fifty dollars ($50.00) and filing a registration form. The fifty-dollar registration fee shall not apply to any sponsoring organization as defined in § 63-6-703 when providing volunteer health care services in cases of natural or man-made disasters. Such registration form shall contain: (A) The name of the sponsoring organization; (B) The name of principal individual or individuals who are the officers or organizational officials responsible for the operation of the sponsoring organization; (C) The address, including street, city, zip code and county, of the sponsoring organization's principal office address and the same address information for each principal or official listed in subdivision (a)(1)(B); (D) Telephone numbers for the principal office of the sponsoring agency and each principal or official listed in subdivision (a)(1)(B); and (E) Such additional information as the department shall require. (2) Upon any change in the information required under subdivision (a)(1), the sponsoring organization shall notify the department in writing of such change within thirty (30) days of its occurrence. (b) The sponsoring organization shall file a quarterly voluntary services report with the department during the current quarter that lists all licensed health care providers who provided voluntary health care services during the preceding quarter. The sponsoring organization shall maintain on file for five (5) years following the date of service additional information, including the date, place and type of services provided. (c) Each sponsoring organization shall maintain a list of health care providers associated with its provision of voluntary health services. For each such health care provider, the organization shall maintain a copy of a current license, certificate or statement of exemption from licensure or certification or, in the event that the health care provider is currently licensed in the state of Tennessee, a copy of the health care provider's license verification obtained from a state-sponsored website. (d) The sponsoring organization shall maintain such records for a period of at least five (5) years following the provision of health care services and shall furnish such records upon request to any regulatory board established under this title. (e) Compliance with subsections (a) and (b) shall be prima facie evidence that the sponsoring organization has exercised due care in its selection of health care providers. (f) The department may revoke the registration of any sponsoring organization that fails to comply with the requirements of subsections (a)-(e). Any such revocation shall be conducted in accordance with the Uniform Administrative Procedures Act, complied in title 4, chapter 5. Acts 1995, ch. 299, §§ 6, 7; 2000, ch. 723, § 1; 2007 , ch. 69, § 1.
(a) (1) Before providing volunteer medical services in this state, a sponsoring organization shall register with the department of health by submitting a registration fee of fifty dollars ($50.00) and filing a registration form. The fifty-dollar registration fee shall not apply to any sponsoring organization as defined in § 63-6-703 when providing volunteer health care services in cases of natural or man-made disasters. Such registration form shall contain: (A) The name of the sponsoring organization; (B) The name of principal individual or individuals who are the officers or organizational officials responsible for the operation of the sponsoring organization; (C) The address, including street, city, zip code and county, of the sponsoring organization's principal office address and the same address information for each principal or official listed in subdivision (a)(1)(B); (D) Telephone numbers for the principal office of the sponsoring agency and each principal or official listed in subdivision (a)(1)(B); and (E) Such additional information as the department shall require. (2) Upon any change in the information required under subdivision (a)(1), the sponsoring organization shall notify the department in writing of such change within thirty (30) days of its occurrence.
(1) Before providing volunteer medical services in this state, a sponsoring organization shall register with the department of health by submitting a registration fee of fifty dollars ($50.00) and filing a registration form. The fifty-dollar registration fee shall not apply to any sponsoring organization as defined in § 63-6-703 when providing volunteer health care services in cases of natural or man-made disasters. Such registration form shall contain: (A) The name of the sponsoring organization; (B) The name of principal individual or individuals who are the officers or organizational officials responsible for the operation of the sponsoring organization; (C) The address, including street, city, zip code and county, of the sponsoring organization's principal office address and the same address information for each principal or official listed in subdivision (a)(1)(B); (D) Telephone numbers for the principal office of the sponsoring agency and each principal or official listed in subdivision (a)(1)(B); and (E) Such additional information as the department shall require.
(A) The name of the sponsoring organization;
(B) The name of principal individual or individuals who are the officers or organizational officials responsible for the operation of the sponsoring organization;
(C) The address, including street, city, zip code and county, of the sponsoring organization's principal office address and the same address information for each principal or official listed in subdivision (a)(1)(B);
(D) Telephone numbers for the principal office of the sponsoring agency and each principal or official listed in subdivision (a)(1)(B); and
(E) Such additional information as the department shall require.
(2) Upon any change in the information required under subdivision (a)(1), the sponsoring organization shall notify the department in writing of such change within thirty (30) days of its occurrence.
(b) The sponsoring organization shall file a quarterly voluntary services report with the department during the current quarter that lists all licensed health care providers who provided voluntary health care services during the preceding quarter. The sponsoring organization shall maintain on file for five (5) years following the date of service additional information, including the date, place and type of services provided.
(c) Each sponsoring organization shall maintain a list of health care providers associated with its provision of voluntary health services. For each such health care provider, the organization shall maintain a copy of a current license, certificate or statement of exemption from licensure or certification or, in the event that the health care provider is currently licensed in the state of Tennessee, a copy of the health care provider's license verification obtained from a state-sponsored website.
(d) The sponsoring organization shall maintain such records for a period of at least five (5) years following the provision of health care services and shall furnish such records upon request to any regulatory board established under this title.
(e) Compliance with subsections (a) and (b) shall be prima facie evidence that the sponsoring organization has exercised due care in its selection of health care providers.
(f) The department may revoke the registration of any sponsoring organization that fails to comply with the requirements of subsections (a)-(e). Any such revocation shall be conducted in accordance with the Uniform Administrative Procedures Act, complied in title 4, chapter 5.
Acts 1995, ch. 299, §§ 6, 7; 2000, ch. 723, § 1; 2007 , ch. 69, § 1.
Tenn. Code Ann. § 63-6-602 — TN Code / Title 63 / Chapter 6 / Section 63-6-602
Physician owned health care entities - Referrals prohibited - Exceptions
Status: in_force

(a) Physician investment in health care can provide important benefits for patient care; however, when physicians refer patients to entities in which they have an ownership interest, a potential conflict of interest exists. A physician having an investment interest in a health care entity shall not refer patients to the entity unless: (1) The physician performs health care services at the entity; or (2) The investment interest satisfies the requirements set forth in § 63-6-603 . (b) Subsection (a) shall not apply to physicians when a health care facility leases premises or equipment from an entity owning the premises or equipment, even if physicians have an ownership interest in the entity that leases the premises or equipment to the health care facility and refer patients to the health care facility, if: (1) There is a written lease agreement between the health care facility leasing the premises or equipment and the entity owning the premises or equipment; (2) The lease specifies the premises or equipment covered by the lease; (3) The term of the lease is for not less than one (1) year; (4) The aggregate rental charge is set in advance, is consistent with fair market value in arms-length transactions and is not determined in a manner that takes into account the volume or value of any referrals by physicians having an ownership interest in the entity leasing the premises or space to the health care facility; and (5) A physician having an ownership interest in the entity leasing the premises or space to the health care facility discloses that interest to any patient referred by the physician to the health care facility. (c) (1) Subsection (a) shall not apply in the limited circumstances where the referring physician is referring physical therapy services and, in writing, the physician: (A) Discloses the physician's investment interest or financial relationship to patients when making a referral of the patient for physical therapy services; (B) Notifies patients that they may receive physical therapy services at the provider of their choice; (C) Informs patients that they have the option to use one (1) of the alternative providers; and (D) Assures patients that they will not be treated differently by the physician if they do not choose to use the physician-owned entity. (2) Notwithstanding any law to the contrary, nothing in subdivision (c)(1) shall be construed to affect the ability of the commissioner of labor and workforce development to regulate, through the workers' compensation comprehensive medical fee schedule and regulated system established by rules promulgated pursuant to § 50-6-204 , all health care providers providing services to workers' compensation patients. (d) Conduct or activity that does not violate or is protected under the federal physician self-referral law, compiled at 42 U.S.C. § 1395nn , as amended, or rules promulgated to effectuate 42 U.S.C. § 1395nn , is not a violation of this part. The conduct or activity has the same protections as provided under federal law and rule. Amended by 2022 Tenn. Acts, ch. 739, s 1, eff. 3/24/2022. Acts 1993, ch. 408, §§ 3, 11; 2006, ch. 875, §§ 1, 2.
(a) Physician investment in health care can provide important benefits for patient care; however, when physicians refer patients to entities in which they have an ownership interest, a potential conflict of interest exists. A physician having an investment interest in a health care entity shall not refer patients to the entity unless: (1) The physician performs health care services at the entity; or (2) The investment interest satisfies the requirements set forth in § 63-6-603 .
(1) The physician performs health care services at the entity; or
(2) The investment interest satisfies the requirements set forth in § 63-6-603 .
(b) Subsection (a) shall not apply to physicians when a health care facility leases premises or equipment from an entity owning the premises or equipment, even if physicians have an ownership interest in the entity that leases the premises or equipment to the health care facility and refer patients to the health care facility, if: (1) There is a written lease agreement between the health care facility leasing the premises or equipment and the entity owning the premises or equipment; (2) The lease specifies the premises or equipment covered by the lease; (3) The term of the lease is for not less than one (1) year; (4) The aggregate rental charge is set in advance, is consistent with fair market value in arms-length transactions and is not determined in a manner that takes into account the volume or value of any referrals by physicians having an ownership interest in the entity leasing the premises or space to the health care facility; and (5) A physician having an ownership interest in the entity leasing the premises or space to the health care facility discloses that interest to any patient referred by the physician to the health care facility.
(1) There is a written lease agreement between the health care facility leasing the premises or equipment and the entity owning the premises or equipment;
(2) The lease specifies the premises or equipment covered by the lease;
(3) The term of the lease is for not less than one (1) year;
(4) The aggregate rental charge is set in advance, is consistent with fair market value in arms-length transactions and is not determined in a manner that takes into account the volume or value of any referrals by physicians having an ownership interest in the entity leasing the premises or space to the health care facility; and
(5) A physician having an ownership interest in the entity leasing the premises or space to the health care facility discloses that interest to any patient referred by the physician to the health care facility.
(c) (1) Subsection (a) shall not apply in the limited circumstances where the referring physician is referring physical therapy services and, in writing, the physician: (A) Discloses the physician's investment interest or financial relationship to patients when making a referral of the patient for physical therapy services; (B) Notifies patients that they may receive physical therapy services at the provider of their choice; (C) Informs patients that they have the option to use one (1) of the alternative providers; and (D) Assures patients that they will not be treated differently by the physician if they do not choose to use the physician-owned entity. (2) Notwithstanding any law to the contrary, nothing in subdivision (c)(1) shall be construed to affect the ability of the commissioner of labor and workforce development to regulate, through the workers' compensation comprehensive medical fee schedule and regulated system established by rules promulgated pursuant to § 50-6-204 , all health care providers providing services to workers' compensation patients.
(1) Subsection (a) shall not apply in the limited circumstances where the referring physician is referring physical therapy services and, in writing, the physician: (A) Discloses the physician's investment interest or financial relationship to patients when making a referral of the patient for physical therapy services; (B) Notifies patients that they may receive physical therapy services at the provider of their choice; (C) Informs patients that they have the option to use one (1) of the alternative providers; and (D) Assures patients that they will not be treated differently by the physician if they do not choose to use the physician-owned entity.
(A) Discloses the physician's investment interest or financial relationship to patients when making a referral of the patient for physical therapy services;
(B) Notifies patients that they may receive physical therapy services at the provider of their choice;
(C) Informs patients that they have the option to use one (1) of the alternative providers; and
(D) Assures patients that they will not be treated differently by the physician if they do not choose to use the physician-owned entity.
(2) Notwithstanding any law to the contrary, nothing in subdivision (c)(1) shall be construed to affect the ability of the commissioner of labor and workforce development to regulate, through the workers' compensation comprehensive medical fee schedule and regulated system established by rules promulgated pursuant to § 50-6-204 , all health care providers providing services to workers' compensation patients.
(d) Conduct or activity that does not violate or is protected under the federal physician self-referral law, compiled at 42 U.S.C. § 1395nn , as amended, or rules promulgated to effectuate 42 U.S.C. § 1395nn , is not a violation of this part. The conduct or activity has the same protections as provided under federal law and rule.
Amended by 2022 Tenn. Acts, ch. 739, s 1, eff. 3/24/2022.
Acts 1993, ch. 408, §§ 3, 11; 2006, ch. 875, §§ 1, 2.
Tenn. Code Ann. § 63-12-118 — TN Code / Title 63 / Chapter 12 / Section 63-12-118
Veterinary wellness committees
Status: in_force

(a) As used in this section, "veterinary wellness committee" or "committee" means any committee, board, commission, or other entity established by any state-wide veterinary medical association or local veterinary medical association for the purpose of providing immediate and continuing help to veterinary professionals licensed to practice veterinary medicine or veterinary technology, students of veterinary medicine and veterinary technology, certified animal euthanasia technicians, and employees of veterinary practices in this state who suffer from physical or mental conditions that result from disease, disorder, trauma, or age and that impair their ability to perform their duties in veterinary medicine with reasonable skill and safety. (b) Veterinary wellness committee members, employees, and agents, including volunteers, taking any action authorized by this chapter, engaging in the performance of any duties on behalf of the committee, or participating in any administrative or judicial proceeding resulting from their participation on the committee, shall be immune from civil or criminal liability with respect to any action taken in good faith and without malice. (c) All information, interviews, reports, statements, memoranda, or other data furnished to or produced by a veterinary wellness committee and any findings, conclusions, reports, or recommendations resulting from the proceedings of the committee are privileged and confidential. Information and actions taken by the committee shall be privileged and held in strictest confidence and shall not be disclosed or required to be disclosed to any person or entity outside of the committee, unless such disclosure is authorized by the member of the veterinary profession to whom it relates. Nothing contained in this subsection (c) applies to records, documents, or information otherwise available from original sources, and such records, documents, or information are not immune from discovery or use in any civil proceedings solely due to having been presented to the committee. Added by 2016 Tenn. Acts, ch. 819, s 5, eff. 7/1/2016.
(a) As used in this section, "veterinary wellness committee" or "committee" means any committee, board, commission, or other entity established by any state-wide veterinary medical association or local veterinary medical association for the purpose of providing immediate and continuing help to veterinary professionals licensed to practice veterinary medicine or veterinary technology, students of veterinary medicine and veterinary technology, certified animal euthanasia technicians, and employees of veterinary practices in this state who suffer from physical or mental conditions that result from disease, disorder, trauma, or age and that impair their ability to perform their duties in veterinary medicine with reasonable skill and safety.
(b) Veterinary wellness committee members, employees, and agents, including volunteers, taking any action authorized by this chapter, engaging in the performance of any duties on behalf of the committee, or participating in any administrative or judicial proceeding resulting from their participation on the committee, shall be immune from civil or criminal liability with respect to any action taken in good faith and without malice.
(c) All information, interviews, reports, statements, memoranda, or other data furnished to or produced by a veterinary wellness committee and any findings, conclusions, reports, or recommendations resulting from the proceedings of the committee are privileged and confidential. Information and actions taken by the committee shall be privileged and held in strictest confidence and shall not be disclosed or required to be disclosed to any person or entity outside of the committee, unless such disclosure is authorized by the member of the veterinary profession to whom it relates. Nothing contained in this subsection (c) applies to records, documents, or information otherwise available from original sources, and such records, documents, or information are not immune from discovery or use in any civil proceedings solely due to having been presented to the committee.
Added by 2016 Tenn. Acts, ch. 819, s 5, eff. 7/1/2016.
Tenn. Code Ann. § 63-13-203 — TN Code / Title 63 / Chapter 13 / Section 63-13-203
Determining qualifications of applicants - Granting licenses and permits
Status: in_force

(a) In determining the qualifications of an applicant for licensure as an occupational therapist or as an occupational therapy assistant, only a majority vote of the board of occupational therapy shall be required. (b) Licenses and permits issued by the board shall be granted by the board as provided in § 63-13-204 . Acts 1984, ch. 921, § 3; T.C.A., § 63-13-303 ; Acts 1999, ch. 415, § 2; 2007 , ch. 115, § 7.
(a) In determining the qualifications of an applicant for licensure as an occupational therapist or as an occupational therapy assistant, only a majority vote of the board of occupational therapy shall be required.
(b) Licenses and permits issued by the board shall be granted by the board as provided in § 63-13-204 .
Acts 1984, ch. 921, § 3; T.C.A., § 63-13-303 ; Acts 1999, ch. 415, § 2; 2007 , ch. 115, § 7.
Tenn. Code Ann. § 63-1-702 — TN Code / Title 63 / Chapter 1 / Section 63-1-702
[ For Postponed Repealed, see T.C.A. § 63-1-707] Members
Status: repealed

The task force is composed of fourteen (14) members as follows: (1) The commissioner of mental health and substance abuse services, or the commissioner's designee; (2) The commissioner of disability and aging, or the commissioner's designee; (3) The deputy commissioner of the bureau of TennCare within the department of finance and administration, or the deputy commissioner's designee; (4) The commissioner of children's services or the commissioner's designee; (5) The commissioner of labor and workforce development, or the commissioner's designee; (6) The commissioner of health, or the commissioner's designee; (7) [Repealed by 2024 amendment]; (8) One (1) member of the senate to be appointed by the speaker of the senate; (9) One (1) member of the house of representatives to be appointed by the speaker of the house of representatives; and (10) Six (6) public members from organizations representing the provider community that provide healthcare services, three (3) of whom are appointed by the speaker of the senate and three (3) of whom are appointed by the speaker of the house of representatives. Amended by 2024 Tenn. Acts, ch. 688,s 145, eff. 7/1/2024. Added by 2022 Tenn. Acts, ch. 1138, s 1, eff. 7/1/2022. Repealed by 2022 Tenn. Acts, ch. 1138, s 1, eff. 12/31/2023.
The task force is composed of fourteen (14) members as follows:
(1) The commissioner of mental health and substance abuse services, or the commissioner's designee;
(2) The commissioner of disability and aging, or the commissioner's designee;
(3) The deputy commissioner of the bureau of TennCare within the department of finance and administration, or the deputy commissioner's designee;
(4) The commissioner of children's services or the commissioner's designee;
(5) The commissioner of labor and workforce development, or the commissioner's designee;
(6) The commissioner of health, or the commissioner's designee;
(7) [Repealed by 2024 amendment];
(8) One (1) member of the senate to be appointed by the speaker of the senate;
(9) One (1) member of the house of representatives to be appointed by the speaker of the house of representatives; and
(10) Six (6) public members from organizations representing the provider community that provide healthcare services, three (3) of whom are appointed by the speaker of the senate and three (3) of whom are appointed by the speaker of the house of representatives.
Amended by 2024 Tenn. Acts, ch. 688,s 145, eff. 7/1/2024.
Added by 2022 Tenn. Acts, ch. 1138, s 1, eff. 7/1/2022.
Repealed by 2022 Tenn. Acts, ch. 1138, s 1, eff. 12/31/2023.
Tenn. Code Ann. § 63-1-310 — TN Code / Title 63 / Chapter 1 / Section 63-1-310
Payments
Status: in_force

(a) A pain management clinic may accept only a check or credit card in payment for services provided at the clinic, except as provided in subsection (b). (b) A payment may be made in cash for a co-pay, coinsurance or deductible when the remainder of the charge for the services will be submitted to the patient's insurance plan for reimbursement. Amended by 2013 Tenn. Acts, ch. 430,s 10, eff. 5/16/2013. Acts 2011, ch. 340, § 1.
(a) A pain management clinic may accept only a check or credit card in payment for services provided at the clinic, except as provided in subsection (b).
(b) A payment may be made in cash for a co-pay, coinsurance or deductible when the remainder of the charge for the services will be submitted to the patient's insurance plan for reimbursement.
Amended by 2013 Tenn. Acts, ch. 430,s 10, eff. 5/16/2013.
Acts 2011, ch. 340, § 1.
Tenn. Code Ann. § 63-9-121 — TN Code / Title 63 / Chapter 9 / Section 63-9-121
Interventional pain management
Status: in_force

(a) A physician licensed in this chapter may only practice interventional pain management if the licensee is either: (1) Board certified through the American Osteopathic Association (AOA) or the American Board of Physician Specialties (ABPS)/American Association of Physician Specialists (AAPS) in one of the following medical specialties: (A) Anesthesiology; (B) Neuromusculoskeletal medicine; (C) Orthopedic surgery; (D) Physical medicine and rehabilitation; (E) Radiology; or (F) Any other board certified physician who has completed an ABMS subspecialty board in pain medicine or completed an ACGME-accredited pain fellowship; (2) A recent graduate of a medical specialty listed in subdivision (a)(1) not yet eligible to apply for AOA or ABPS/AAPS specialty certification; provided, that there is a practice relationship with an osteopathic physician who meets the requirements of subdivision (a)(1) or a physician who meets the requirements of § 63-6-244(a)(1) ; (3) A licensee who is not board certified in one of the specialties listed in subdivision (a)(1) but is board certified in a different AOA or ABPS/AAPS specialty and has completed a post-graduate training program in interventional pain management approved by the board; (4) A licensee who serves as a clinical instructor in pain medicine at an accredited Tennessee medical training program; or (5) A licensee who has an active pain management practice in a clinic accredited in outpatient interdisciplinary pain rehabilitation by the commission on accreditation of rehabilitation facilities or any successor organization. (b) For purposes of this section, interventional pain management is the practice of performing invasive procedures involving any portion of the spine, spinal cord, sympathetic nerves of the spine or block of major peripheral nerves of the spine in any setting not licensed under title 68, chapter 11. (c) The board is authorized to define through rulemaking the scope and length of the practice relationship established in subdivision (a)(2). (d) An osteopathic physician who provides direct supervision of an advanced practice registered nurse or a physician's assistant pursuant to § 63-7-126 or § 63-19-107 must meet the requirements set forth in subdivision (a)(1) or (a)(3). (e) An osteopathic physician who violates this section is subject to disciplinary action by the board pursuant to § 63-9-111 , including, but not limited to, civil penalties of up to one thousand dollars ($1,000) for every day this section is violated. Amended by 2016 Tenn. Acts, ch. 980, s 18, eff. 7/1/2016. Acts 2012 , ch. 961, § 5.
(a) A physician licensed in this chapter may only practice interventional pain management if the licensee is either: (1) Board certified through the American Osteopathic Association (AOA) or the American Board of Physician Specialties (ABPS)/American Association of Physician Specialists (AAPS) in one of the following medical specialties: (A) Anesthesiology; (B) Neuromusculoskeletal medicine; (C) Orthopedic surgery; (D) Physical medicine and rehabilitation; (E) Radiology; or (F) Any other board certified physician who has completed an ABMS subspecialty board in pain medicine or completed an ACGME-accredited pain fellowship; (2) A recent graduate of a medical specialty listed in subdivision (a)(1) not yet eligible to apply for AOA or ABPS/AAPS specialty certification; provided, that there is a practice relationship with an osteopathic physician who meets the requirements of subdivision (a)(1) or a physician who meets the requirements of § 63-6-244(a)(1) ; (3) A licensee who is not board certified in one of the specialties listed in subdivision (a)(1) but is board certified in a different AOA or ABPS/AAPS specialty and has completed a post-graduate training program in interventional pain management approved by the board; (4) A licensee who serves as a clinical instructor in pain medicine at an accredited Tennessee medical training program; or (5) A licensee who has an active pain management practice in a clinic accredited in outpatient interdisciplinary pain rehabilitation by the commission on accreditation of rehabilitation facilities or any successor organization.
(1) Board certified through the American Osteopathic Association (AOA) or the American Board of Physician Specialties (ABPS)/American Association of Physician Specialists (AAPS) in one of the following medical specialties: (A) Anesthesiology; (B) Neuromusculoskeletal medicine; (C) Orthopedic surgery; (D) Physical medicine and rehabilitation; (E) Radiology; or (F) Any other board certified physician who has completed an ABMS subspecialty board in pain medicine or completed an ACGME-accredited pain fellowship;
(A) Anesthesiology;
(B) Neuromusculoskeletal medicine;
(C) Orthopedic surgery;
(D) Physical medicine and rehabilitation;
(E) Radiology; or
(F) Any other board certified physician who has completed an ABMS subspecialty board in pain medicine or completed an ACGME-accredited pain fellowship;
(2) A recent graduate of a medical specialty listed in subdivision (a)(1) not yet eligible to apply for AOA or ABPS/AAPS specialty certification; provided, that there is a practice relationship with an osteopathic physician who meets the requirements of subdivision (a)(1) or a physician who meets the requirements of § 63-6-244(a)(1) ;
(3) A licensee who is not board certified in one of the specialties listed in subdivision (a)(1) but is board certified in a different AOA or ABPS/AAPS specialty and has completed a post-graduate training program in interventional pain management approved by the board;
(4) A licensee who serves as a clinical instructor in pain medicine at an accredited Tennessee medical training program; or
(5) A licensee who has an active pain management practice in a clinic accredited in outpatient interdisciplinary pain rehabilitation by the commission on accreditation of rehabilitation facilities or any successor organization.
(b) For purposes of this section, interventional pain management is the practice of performing invasive procedures involving any portion of the spine, spinal cord, sympathetic nerves of the spine or block of major peripheral nerves of the spine in any setting not licensed under title 68, chapter 11.
(c) The board is authorized to define through rulemaking the scope and length of the practice relationship established in subdivision (a)(2).
(d) An osteopathic physician who provides direct supervision of an advanced practice registered nurse or a physician's assistant pursuant to § 63-7-126 or § 63-19-107 must meet the requirements set forth in subdivision (a)(1) or (a)(3).
(e) An osteopathic physician who violates this section is subject to disciplinary action by the board pursuant to § 63-9-111 , including, but not limited to, civil penalties of up to one thousand dollars ($1,000) for every day this section is violated.
Amended by 2016 Tenn. Acts, ch. 980, s 18, eff. 7/1/2016.
Acts 2012 , ch. 961, § 5.
Tenn. Code Ann. § 63-10-221 — TN Code / Title 63 / Chapter 10 / Section 63-10-221
Medication therapy management - Standards
Status: in_force

Medication therapy management provided under this chapter as part of the practice of pharmacy shall meet the standards for medication therapy management established by rule by the board of pharmacy. Added by 2017 Tenn. Acts, ch. 363, s 2, eff. 7/1/2017.
Medication therapy management provided under this chapter as part of the practice of pharmacy shall meet the standards for medication therapy management established by rule by the board of pharmacy.
Added by 2017 Tenn. Acts, ch. 363, s 2, eff. 7/1/2017.
Tenn. Code Ann. § 63-6-243 — TN Code / Title 63 / Chapter 6 / Section 63-6-243
Hormone replacement therapy
Status: in_force

(a) (1) "Hormone replacement therapy clinic" or "hormone therapy clinic" means a medical office in which the clinicians are primarily engaged in hormone replacement or supplementation therapy or a medical office which holds itself out to the public as being primarily or substantially engaged in hormone replacement therapy. For the purposes of this definition, "primarily engaged" means that a majority of the clinic's patients receive hormone replacement therapy and may be further defined by the board by rule. "Hormone replacement therapy clinic" does not mean a medical office in which the clinicians are primarily engaged in obstetrics and gynecology (OB/GYN), urology or primary care. (2) "Hormone replacement therapy" or "hormone therapy" means the branch of the practice of medicine whereby the patient is treated with medications that include, but are not limited to, creams or natural formulas taken through the skin, under the tongue, in subcutaneous pellets, or orally that contain hormones that have the same bioidentical or similar chemical formula as those produced naturally in the human body or that the provider thinks or claims to be similar or identical, but shall not include the treatment of patients with birth control pills. (b) In hormone replacement therapy clinics: (1) All hormone replacement therapy shall be performed by a physician licensed under this chapter or chapter 9 of this title, or delegated by such physician to a certified nurse practitioner licensed pursuant to chapter 7 of this title or a physician assistant licensed pursuant to chapter 19 of this title; and (2) If hormone replacement therapy is delegated, the supervising physician shall ensure that written protocols are developed for licensees to whom hormone replacement therapy is delegated, that such protocols are updated as necessary and that the patient is informed of both the name and contact information of the supervising physician and an indication of whether the physician is available onsite or remotely. (c) A physician supervising hormone replacement therapy in a hormone replacement therapy clinic shall ensure that for each patient all of the following requirements are met: (1) Prior to the initial hormone replacement therapy or course of treatments, an appropriate physical examination shall be conducted; (2) An appropriate medical history shall be taken and documented on the patient; (3) A written order for hormone replacement therapy shall be entered by the treating provider in the patient's medical record documenting the diagnosis and medical reason for the patient's need for hormone replacement therapy. If the treating provider is not a physician, the supervising physician shall make a personal review of the historical, physical and therapeutic data gathered by the treating provider and shall so certify the review in the patient's chart within seven (7) days of the patient being served; (4) The patient gives written consent for hormone replacement therapy, which includes notification of possible complications and reasonable expectations and any applicable FDA warnings associated with any part of the therapy; and (5) The supervising physician shall be immediately notified upon discovery of a complication. Acts 2012 , ch. 836, § 1.
(a) (1) "Hormone replacement therapy clinic" or "hormone therapy clinic" means a medical office in which the clinicians are primarily engaged in hormone replacement or supplementation therapy or a medical office which holds itself out to the public as being primarily or substantially engaged in hormone replacement therapy. For the purposes of this definition, "primarily engaged" means that a majority of the clinic's patients receive hormone replacement therapy and may be further defined by the board by rule. "Hormone replacement therapy clinic" does not mean a medical office in which the clinicians are primarily engaged in obstetrics and gynecology (OB/GYN), urology or primary care. (2) "Hormone replacement therapy" or "hormone therapy" means the branch of the practice of medicine whereby the patient is treated with medications that include, but are not limited to, creams or natural formulas taken through the skin, under the tongue, in subcutaneous pellets, or orally that contain hormones that have the same bioidentical or similar chemical formula as those produced naturally in the human body or that the provider thinks or claims to be similar or identical, but shall not include the treatment of patients with birth control pills.
(1) "Hormone replacement therapy clinic" or "hormone therapy clinic" means a medical office in which the clinicians are primarily engaged in hormone replacement or supplementation therapy or a medical office which holds itself out to the public as being primarily or substantially engaged in hormone replacement therapy. For the purposes of this definition, "primarily engaged" means that a majority of the clinic's patients receive hormone replacement therapy and may be further defined by the board by rule. "Hormone replacement therapy clinic" does not mean a medical office in which the clinicians are primarily engaged in obstetrics and gynecology (OB/GYN), urology or primary care.
(2) "Hormone replacement therapy" or "hormone therapy" means the branch of the practice of medicine whereby the patient is treated with medications that include, but are not limited to, creams or natural formulas taken through the skin, under the tongue, in subcutaneous pellets, or orally that contain hormones that have the same bioidentical or similar chemical formula as those produced naturally in the human body or that the provider thinks or claims to be similar or identical, but shall not include the treatment of patients with birth control pills.
(b) In hormone replacement therapy clinics: (1) All hormone replacement therapy shall be performed by a physician licensed under this chapter or chapter 9 of this title, or delegated by such physician to a certified nurse practitioner licensed pursuant to chapter 7 of this title or a physician assistant licensed pursuant to chapter 19 of this title; and (2) If hormone replacement therapy is delegated, the supervising physician shall ensure that written protocols are developed for licensees to whom hormone replacement therapy is delegated, that such protocols are updated as necessary and that the patient is informed of both the name and contact information of the supervising physician and an indication of whether the physician is available onsite or remotely.
(1) All hormone replacement therapy shall be performed by a physician licensed under this chapter or chapter 9 of this title, or delegated by such physician to a certified nurse practitioner licensed pursuant to chapter 7 of this title or a physician assistant licensed pursuant to chapter 19 of this title; and
(2) If hormone replacement therapy is delegated, the supervising physician shall ensure that written protocols are developed for licensees to whom hormone replacement therapy is delegated, that such protocols are updated as necessary and that the patient is informed of both the name and contact information of the supervising physician and an indication of whether the physician is available onsite or remotely.
(c) A physician supervising hormone replacement therapy in a hormone replacement therapy clinic shall ensure that for each patient all of the following requirements are met: (1) Prior to the initial hormone replacement therapy or course of treatments, an appropriate physical examination shall be conducted; (2) An appropriate medical history shall be taken and documented on the patient; (3) A written order for hormone replacement therapy shall be entered by the treating provider in the patient's medical record documenting the diagnosis and medical reason for the patient's need for hormone replacement therapy. If the treating provider is not a physician, the supervising physician shall make a personal review of the historical, physical and therapeutic data gathered by the treating provider and shall so certify the review in the patient's chart within seven (7) days of the patient being served; (4) The patient gives written consent for hormone replacement therapy, which includes notification of possible complications and reasonable expectations and any applicable FDA warnings associated with any part of the therapy; and (5) The supervising physician shall be immediately notified upon discovery of a complication.
(1) Prior to the initial hormone replacement therapy or course of treatments, an appropriate physical examination shall be conducted;
(2) An appropriate medical history shall be taken and documented on the patient;
(3) A written order for hormone replacement therapy shall be entered by the treating provider in the patient's medical record documenting the diagnosis and medical reason for the patient's need for hormone replacement therapy. If the treating provider is not a physician, the supervising physician shall make a personal review of the historical, physical and therapeutic data gathered by the treating provider and shall so certify the review in the patient's chart within seven (7) days of the patient being served;
(4) The patient gives written consent for hormone replacement therapy, which includes notification of possible complications and reasonable expectations and any applicable FDA warnings associated with any part of the therapy; and
(5) The supervising physician shall be immediately notified upon discovery of a complication.
Acts 2012 , ch. 836, § 1.
Tenn. Code Ann. § 63-16-106 — TN Code / Title 63 / Chapter 16 / Section 63-16-106
License issuance and registration
Status: in_force

(a) An applicant for a license as a nursing home administrator shall be certified to the division for issuance of a license certifying that the applicant has met the requirements of the law, rules and regulations entitling the applicant to practice as a nursing home administrator who has: (1) Complied with the requirements of § 63-16-104 and the standards provided in § 63-16-104 ; and (2) Passed the examination provided for in § 63-16-105 . (b) The license must be registered annually as required by the state licensing board pursuant to § 63-1-107 . Acts 1970, ch. 565, § 6; T.C.A., § 63-1606.
(a) An applicant for a license as a nursing home administrator shall be certified to the division for issuance of a license certifying that the applicant has met the requirements of the law, rules and regulations entitling the applicant to practice as a nursing home administrator who has: (1) Complied with the requirements of § 63-16-104 and the standards provided in § 63-16-104 ; and (2) Passed the examination provided for in § 63-16-105 .
(1) Complied with the requirements of § 63-16-104 and the standards provided in § 63-16-104 ; and
(2) Passed the examination provided for in § 63-16-105 .
(b) The license must be registered annually as required by the state licensing board pursuant to § 63-1-107 .
Acts 1970, ch. 565, § 6; T.C.A., § 63-1606.
Tenn. Code Ann. § 63-14-106 — TN Code / Title 63 / Chapter 14 / Section 63-14-106
License renewal - Continuing education - Retirement
Status: in_force

(a) The board shall, in its discretion, renew such licensee's certificate of fitness upon application made in due form and upon payment of all required fees. Every licensed dispensing optician must, on or before December 31 of each year, submit satisfactory proof of the licensee's attendance at an education program or programs approved or conducted by the board which consists of the minimum number of hours established by the board under subdivision (a)(1) for the period beginning the preceding January 1: (1) The minimum number of hours of attendance at education programs so required shall be prescribed by the board by February 1 of each year, but shall not be less than three (3) clock hours nor exceed twelve (12) clock hours in any calendar year; (2) The board may, in its sole discretion, waive the annual education requirement in cases of certified illness, disability or other undue hardships; (3) The board shall annually arrange for or approve a program or programs of continuing education sufficient to meet the minimum education requirements under this section; (4) The board is authorized to adopt such rules and regulations as it may deem necessary or appropriate for establishing an approved program or programs of continuing education pursuant to this section, including, but not limited to, those describing the substantive content of all courses or other forms of education that will satisfy the annual education requirement provided in this section; (5) The board is authorized to use such portion of the annual renewal fees as it deems necessary or proper to provide for continuing education programs and is further authorized to treat an appropriate amount of such renewal fees collected as state funds for the purpose of accepting any funds made available for the promulgation and maintenance of programs of continuing education; (6) Failure to meet the minimum continuing education requirements shall be deemed a violation of this chapter, for which disciplinary action pursuant to § 63-14-111(a) may be taken; and (7) The board shall reinstate a license that was suspended or revoked for failure to meet the continuing education requirements and issue a renewal certificate upon payment of all fees due, payment of a further sum to be set by the board and submission of satisfactory proof that within six (6) months following the date of suspension or revocation the dispensing optician attended the required minimum hours of continuing education programs to make up such deficiency. (b) (1) 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 shall file with this board an affidavit on a form to be furnished by the board, which affidavit shall state the date on which such person retired from such practice and such other facts as tend to verify such retirement as the board shall deem necessary. (2) 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. Acts 1955, ch. 98, § 6; 1976, ch. 402, § 1; 1976, ch. 406, § 4; 1976, ch. 470, § 1; 1979, ch. 66, § 2; T.C.A., § 63-1406; Acts 1986, ch. 675, § 9; 1989, ch. 523, §21; 1997 , ch. 463, §§ 4, 5.
(a) The board shall, in its discretion, renew such licensee's certificate of fitness upon application made in due form and upon payment of all required fees. Every licensed dispensing optician must, on or before December 31 of each year, submit satisfactory proof of the licensee's attendance at an education program or programs approved or conducted by the board which consists of the minimum number of hours established by the board under subdivision (a)(1) for the period beginning the preceding January 1: (1) The minimum number of hours of attendance at education programs so required shall be prescribed by the board by February 1 of each year, but shall not be less than three (3) clock hours nor exceed twelve (12) clock hours in any calendar year; (2) The board may, in its sole discretion, waive the annual education requirement in cases of certified illness, disability or other undue hardships; (3) The board shall annually arrange for or approve a program or programs of continuing education sufficient to meet the minimum education requirements under this section; (4) The board is authorized to adopt such rules and regulations as it may deem necessary or appropriate for establishing an approved program or programs of continuing education pursuant to this section, including, but not limited to, those describing the substantive content of all courses or other forms of education that will satisfy the annual education requirement provided in this section; (5) The board is authorized to use such portion of the annual renewal fees as it deems necessary or proper to provide for continuing education programs and is further authorized to treat an appropriate amount of such renewal fees collected as state funds for the purpose of accepting any funds made available for the promulgation and maintenance of programs of continuing education; (6) Failure to meet the minimum continuing education requirements shall be deemed a violation of this chapter, for which disciplinary action pursuant to § 63-14-111(a) may be taken; and (7) The board shall reinstate a license that was suspended or revoked for failure to meet the continuing education requirements and issue a renewal certificate upon payment of all fees due, payment of a further sum to be set by the board and submission of satisfactory proof that within six (6) months following the date of suspension or revocation the dispensing optician attended the required minimum hours of continuing education programs to make up such deficiency.
(1) The minimum number of hours of attendance at education programs so required shall be prescribed by the board by February 1 of each year, but shall not be less than three (3) clock hours nor exceed twelve (12) clock hours in any calendar year;
(2) The board may, in its sole discretion, waive the annual education requirement in cases of certified illness, disability or other undue hardships;
(3) The board shall annually arrange for or approve a program or programs of continuing education sufficient to meet the minimum education requirements under this section;
(4) The board is authorized to adopt such rules and regulations as it may deem necessary or appropriate for establishing an approved program or programs of continuing education pursuant to this section, including, but not limited to, those describing the substantive content of all courses or other forms of education that will satisfy the annual education requirement provided in this section;
(5) The board is authorized to use such portion of the annual renewal fees as it deems necessary or proper to provide for continuing education programs and is further authorized to treat an appropriate amount of such renewal fees collected as state funds for the purpose of accepting any funds made available for the promulgation and maintenance of programs of continuing education;
(6) Failure to meet the minimum continuing education requirements shall be deemed a violation of this chapter, for which disciplinary action pursuant to § 63-14-111(a) may be taken; and
(7) The board shall reinstate a license that was suspended or revoked for failure to meet the continuing education requirements and issue a renewal certificate upon payment of all fees due, payment of a further sum to be set by the board and submission of satisfactory proof that within six (6) months following the date of suspension or revocation the dispensing optician attended the required minimum hours of continuing education programs to make up such deficiency.
(b) (1) 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 shall file with this board an affidavit on a form to be furnished by the board, which affidavit shall state the date on which such person retired from such practice and such other facts as tend to verify such retirement as the board shall deem necessary. (2) 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.
(1) 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 shall file with this board an affidavit on a form to be furnished by the board, which affidavit shall state the date on which such person retired from such practice and such other facts as tend to verify such retirement as the board shall deem necessary.
(2) 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.
Acts 1955, ch. 98, § 6; 1976, ch. 402, § 1; 1976, ch. 406, § 4; 1976, ch. 470, § 1; 1979, ch. 66, § 2; T.C.A., § 63-1406; Acts 1986, ch. 675, § 9; 1989, ch. 523, §21; 1997 , ch. 463, §§ 4, 5.
Tenn. Code Ann. § 63-6-1202 — TN Code / Title 63 / Chapter 6 / Section 63-6-1202
Claims, bills or demands for payment for services
Status: in_force

A clinical laboratory or physician, located in this state, or in another state, providing cytopathology services for patients in this state, shall present or cause to be presented a claim, bill or demand for payment for these services only to the following: (1) The patient directly; (2) The responsible insurer or other third party payor; (3) The hospital, public health clinic, nonprofit health clinic ordering the services, or onsite medical clinic; (4) The referring laboratory, other than a laboratory of a physician's office or group practice that does not perform the technical or professional component of the cytopathology service for which the claim, bill, or demand is presented; or (5) Governmental agencies or their specified public or private agent, agency, or organization on behalf of the recipient of the services. Acts 2006, ch. 1003, § 2; 2007 , ch. 117, § 2.
A clinical laboratory or physician, located in this state, or in another state, providing cytopathology services for patients in this state, shall present or cause to be presented a claim, bill or demand for payment for these services only to the following:
(1) The patient directly;
(2) The responsible insurer or other third party payor;
(3) The hospital, public health clinic, nonprofit health clinic ordering the services, or onsite medical clinic;
(4) The referring laboratory, other than a laboratory of a physician's office or group practice that does not perform the technical or professional component of the cytopathology service for which the claim, bill, or demand is presented; or
(5) Governmental agencies or their specified public or private agent, agency, or organization on behalf of the recipient of the services.
Acts 2006, ch. 1003, § 2; 2007 , ch. 117, § 2.
Tenn. Code Ann. § 63-7-105 — TN Code / Title 63 / Chapter 7 / Section 63-7-105
Registered nurse licensure
Status: in_force

(a) By Examination. An applicant for a license to practice professional nursing shall be required to pass an examination in such subjects as the board may determine. The board shall issue a license to practice professional nursing to an applicant who successfully completes the examination. (b) Without Examination. (1) The board may issue a license to practice professional nursing to a professional or registered nurse who has been duly licensed in another state or territory if, in the opinion of the board, the individual meets the professional nurse qualifications that, at the time of the applicant's graduation, were in effect in this state. (2) (A) When the board receives a completed application for licensure from an applicant who is licensed in another state or territory, then the board shall, within forty-five (45) days from the date the board receives the completed application: (i) Render a decision on the application; or (ii) Inform the applicant of the need to appear before the board. (B) As used in this subdivision (b)(2), "completed application" means an application that satisfies all statutory and board rule requirements. (c) Temporary Permits. The board may issue a temporary permit to a professional or registered nurse duly licensed according to the laws of another state and who has made application for permanent licensure in Tennessee. A permit issued under this subsection (c) shall be valid for a single period of six (6) months. (d) (1) Notwithstanding a law to the contrary, a graduate nurse may engage in the practice of professional nursing without a license for a period not to exceed one hundred twenty (120) calendar days from the date of receipt of the first authorization to take the NCLEX-RN examination if: (A) The graduate nurse's practice occurs in a healthcare institution licensed under title 33 or 68, or an affiliate of the institution; (B) The graduate nurse is at all times working under the supervision of an individual licensed to practice professional nursing pursuant to § 63-7-105 . The graduate nurse must provide the healthcare institution or affiliate of the institution in which they are practicing with: (i) Proof of the first authorization to take the NCLEX-RN examination; and (ii) Proof of graduation from an approved school of nursing within the previous ninety (90) days; and (C) The supervising individual licensed to practice professional nursing pursuant to § 63-7-105 is limited to supervising no more than one (1) graduate nurse at a time. (2) A graduate nurse is prohibited from: (A) Being deemed a qualified registered nurse pursuant to § 63-7-103 ; and (B) Using another title or identifying as anything but a "graduate nurse" in a clinical setting. (3) As used in this subsection (d): (A) "Graduate nurse" means an individual who: (i) Holds a diploma or degree from an approved school of nursing that entitles the individual to take the NCLEX-RN licensing examination; and (ii) Has received authorization to take the NCLEX-RN examination; (B) "NCLEX-RN" means the national council licensure examination for registered nurses; and (C) "Supervision" means that the graduate nurse's supervisor is located in the same unit as the graduate nurse when the graduate nurse is performing duties pursuant to this subsection (d). Amended by 2023 Tenn. Acts, ch. 443, s 3, eff. 5/22/2023. Amended by 2021 Tenn. Acts, ch. 340, s 1, eff. 5/4/2021. Acts 1967, ch. 78, § 14; 1976, ch. 501, §§ 3, 13; 1978, ch. 678, § 1; 1981, ch. 462, § 2; T.C.A., § 63-742; Acts 1982, ch. 712, § 3; 1985, ch. 39, § 11; 2005, ch. 387, § 3.
(a) By Examination. An applicant for a license to practice professional nursing shall be required to pass an examination in such subjects as the board may determine. The board shall issue a license to practice professional nursing to an applicant who successfully completes the examination.
(b) Without Examination. (1) The board may issue a license to practice professional nursing to a professional or registered nurse who has been duly licensed in another state or territory if, in the opinion of the board, the individual meets the professional nurse qualifications that, at the time of the applicant's graduation, were in effect in this state. (2) (A) When the board receives a completed application for licensure from an applicant who is licensed in another state or territory, then the board shall, within forty-five (45) days from the date the board receives the completed application: (i) Render a decision on the application; or (ii) Inform the applicant of the need to appear before the board. (B) As used in this subdivision (b)(2), "completed application" means an application that satisfies all statutory and board rule requirements.
(1) The board may issue a license to practice professional nursing to a professional or registered nurse who has been duly licensed in another state or territory if, in the opinion of the board, the individual meets the professional nurse qualifications that, at the time of the applicant's graduation, were in effect in this state.
(2) (A) When the board receives a completed application for licensure from an applicant who is licensed in another state or territory, then the board shall, within forty-five (45) days from the date the board receives the completed application: (i) Render a decision on the application; or (ii) Inform the applicant of the need to appear before the board. (B) As used in this subdivision (b)(2), "completed application" means an application that satisfies all statutory and board rule requirements.
(A) When the board receives a completed application for licensure from an applicant who is licensed in another state or territory, then the board shall, within forty-five (45) days from the date the board receives the completed application: (i) Render a decision on the application; or (ii) Inform the applicant of the need to appear before the board.
(i) Render a decision on the application; or
(ii) Inform the applicant of the need to appear before the board.
(B) As used in this subdivision (b)(2), "completed application" means an application that satisfies all statutory and board rule requirements.
(c) Temporary Permits. The board may issue a temporary permit to a professional or registered nurse duly licensed according to the laws of another state and who has made application for permanent licensure in Tennessee. A permit issued under this subsection (c) shall be valid for a single period of six (6) months.
(d) (1) Notwithstanding a law to the contrary, a graduate nurse may engage in the practice of professional nursing without a license for a period not to exceed one hundred twenty (120) calendar days from the date of receipt of the first authorization to take the NCLEX-RN examination if: (A) The graduate nurse's practice occurs in a healthcare institution licensed under title 33 or 68, or an affiliate of the institution; (B) The graduate nurse is at all times working under the supervision of an individual licensed to practice professional nursing pursuant to § 63-7-105 . The graduate nurse must provide the healthcare institution or affiliate of the institution in which they are practicing with: (i) Proof of the first authorization to take the NCLEX-RN examination; and (ii) Proof of graduation from an approved school of nursing within the previous ninety (90) days; and (C) The supervising individual licensed to practice professional nursing pursuant to § 63-7-105 is limited to supervising no more than one (1) graduate nurse at a time. (2) A graduate nurse is prohibited from: (A) Being deemed a qualified registered nurse pursuant to § 63-7-103 ; and (B) Using another title or identifying as anything but a "graduate nurse" in a clinical setting. (3) As used in this subsection (d): (A) "Graduate nurse" means an individual who: (i) Holds a diploma or degree from an approved school of nursing that entitles the individual to take the NCLEX-RN licensing examination; and (ii) Has received authorization to take the NCLEX-RN examination; (B) "NCLEX-RN" means the national council licensure examination for registered nurses; and (C) "Supervision" means that the graduate nurse's supervisor is located in the same unit as the graduate nurse when the graduate nurse is performing duties pursuant to this subsection (d).
(1) Notwithstanding a law to the contrary, a graduate nurse may engage in the practice of professional nursing without a license for a period not to exceed one hundred twenty (120) calendar days from the date of receipt of the first authorization to take the NCLEX-RN examination if: (A) The graduate nurse's practice occurs in a healthcare institution licensed under title 33 or 68, or an affiliate of the institution; (B) The graduate nurse is at all times working under the supervision of an individual licensed to practice professional nursing pursuant to § 63-7-105 . The graduate nurse must provide the healthcare institution or affiliate of the institution in which they are practicing with: (i) Proof of the first authorization to take the NCLEX-RN examination; and (ii) Proof of graduation from an approved school of nursing within the previous ninety (90) days; and (C) The supervising individual licensed to practice professional nursing pursuant to § 63-7-105 is limited to supervising no more than one (1) graduate nurse at a time.
(A) The graduate nurse's practice occurs in a healthcare institution licensed under title 33 or 68, or an affiliate of the institution;
(B) The graduate nurse is at all times working under the supervision of an individual licensed to practice professional nursing pursuant to § 63-7-105 . The graduate nurse must provide the healthcare institution or affiliate of the institution in which they are practicing with: (i) Proof of the first authorization to take the NCLEX-RN examination; and (ii) Proof of graduation from an approved school of nursing within the previous ninety (90) days; and
(i) Proof of the first authorization to take the NCLEX-RN examination; and
(ii) Proof of graduation from an approved school of nursing within the previous ninety (90) days; and
(C) The supervising individual licensed to practice professional nursing pursuant to § 63-7-105 is limited to supervising no more than one (1) graduate nurse at a time.
(2) A graduate nurse is prohibited from: (A) Being deemed a qualified registered nurse pursuant to § 63-7-103 ; and (B) Using another title or identifying as anything but a "graduate nurse" in a clinical setting.
(A) Being deemed a qualified registered nurse pursuant to § 63-7-103 ; and
(B) Using another title or identifying as anything but a "graduate nurse" in a clinical setting.
(3) As used in this subsection (d): (A) "Graduate nurse" means an individual who: (i) Holds a diploma or degree from an approved school of nursing that entitles the individual to take the NCLEX-RN licensing examination; and (ii) Has received authorization to take the NCLEX-RN examination; (B) "NCLEX-RN" means the national council licensure examination for registered nurses; and (C) "Supervision" means that the graduate nurse's supervisor is located in the same unit as the graduate nurse when the graduate nurse is performing duties pursuant to this subsection (d).
(A) "Graduate nurse" means an individual who: (i) Holds a diploma or degree from an approved school of nursing that entitles the individual to take the NCLEX-RN licensing examination; and (ii) Has received authorization to take the NCLEX-RN examination;
(i) Holds a diploma or degree from an approved school of nursing that entitles the individual to take the NCLEX-RN licensing examination; and
(ii) Has received authorization to take the NCLEX-RN examination;
(B) "NCLEX-RN" means the national council licensure examination for registered nurses; and
(C) "Supervision" means that the graduate nurse's supervisor is located in the same unit as the graduate nurse when the graduate nurse is performing duties pursuant to this subsection (d).
Amended by 2023 Tenn. Acts, ch. 443, s 3, eff. 5/22/2023.
Amended by 2021 Tenn. Acts, ch. 340, s 1, eff. 5/4/2021.
Acts 1967, ch. 78, § 14; 1976, ch. 501, §§ 3, 13; 1978, ch. 678, § 1; 1981, ch. 462, § 2; T.C.A., § 63-742; Acts 1982, ch. 712, § 3; 1985, ch. 39, § 11; 2005, ch. 387, § 3.
Tenn. Code Ann. § 63-7-102 — TN Code / Title 63 / Chapter 7 / Section 63-7-102
Exemptions
Status: in_force

Nothing in this chapter shall be construed as applying to: (1) The domestic administration of family remedies or the furnishing of assistance in the case of an emergency; (2) Persons employed in the office of a licensed physician or dentist, assisting in the nursing care of patients where adequate medical or nursing supervision, or both, is provided; (3) The practice of nursing incidental to a program of study by students enrolled in nursing education programs approved by the board; (4) Persons belonging to a recognized church or religious denomination having religious teachings and beliefs in regard to the care of the sick by prayer; (5) Care of persons in their homes by domestic servants, housekeepers, attendants or household aides of any type, whether employed regularly or because of an emergency or illness if such persons are not initially employed in a nursing capacity; (6) The practice of any lawfully qualified nurse of another state who is employed by the United States government or any bureau, division or agency thereof while in the discharge of the nurse's official duties in this state; (7) The practice of any currently licensed nurse of another state who is presenting educational programs or consultative services within this state for a period not to exceed fourteen (14) days in a calendar year; (8) The practice of any currently licensed nurse of another state whose responsibilities include transporting patients into, out of or through this state. Such exemption shall be limited to a period not to exceed forty-eight (48) hours for each transport; (9) The practice of nursing by students who are enrolled in board-approved refresher programs or comprehensive orientation programs; (10) Persons trained in accordance with § 68-1-904(c) who are: (A) Providing personal support services to clients living in their own home or private residence pursuant to a contract or agreement under any medicaid waiver or other program of the department of disability and aging; (B) Employed by agencies that are both licensed under title 33 and under contract to provide residential or adult day programs for people with intellectual disabilities and persons trained in accordance with § 68-1-904(c) ; or (C) Employed by community-based licensed intermediate care facilities for people with intellectual disabilities who will administer medication only at a location other than the community-based facility. The employees of the community-based licensed intermediate care facilities for people with intellectual disabilities may additionally receive medication administration training specific to the person served. For the purposes of this subdivision (10)(C), when administered by employees of the intermediate care facilities, medications shall be packaged in individual doses labeled with the name of the individual patient, the time of administration and the drug name and dosage; (11) Except for those persons covered under subdivision (10)(A), a person employed by an agency licensed under title 33, chapter 2, part 4 providing personal support services to clients living in their own home or private residence may assist the client with medication, except for injections, upon a written authorization by the client or the client's authorized representative. For the purpose of this section, assistance is limited to opening medication packaging and providing medication reminders and does not permit giving the client any form of medication. Before any such person is authorized to assist the client with medication as provided in this subdivision (11), the person shall receive and be able to document training in medication assistance performed by or under the general supervision of a registered nurse and consistent with the state's home and community-based services (HCBS) training in assisting with medications. For the purposes of this subdivision (11), assisting with medications is not to be interpreted in any manner or fashion to include, or to be the same as, medication administration that would be only appropriate and acceptable for persons who are authorized so to do by specific professional acts under this title or by rules or regulations; (12) (A) Persons trained in accordance with § 68-1-904(c)(2) , who are employed by agencies that are both licensed under title 37 and under contract with the department of children's services to provide services, can assist children and youth with the self-administration of medication in a group home setting. Before that person is authorized to assist the child or youth with self-administration of medication, that person must have received and be able to document six (6) hours of training in medication administration from a registered nurse licensed pursuant to this chapter; (B) For the purposes of subdivision (12)(A), assisting with self-administration of medications is not to be interpreted in any manner or fashion to include, or to be the same as, medication administration that would be only appropriate and acceptable for persons who are authorized to do so by specific professional acts under this title or by rules or regulations; and (13) Except to the extent that it applies to the administration of medication, an individual who holds a valid medication technician certificate issued under this chapter, if the medication is administered in accordance with this chapter. Amended by 2024 Tenn. Acts, ch. 688,s 146, eff. 7/1/2024. Acts 1967, ch. 78, § 11; T.C.A., § 63-739; Acts 1982, ch. 712, § 2; 1985, ch. 39, § 1; 1993, ch. 357, § 1; 2000, ch. 947, § 6; 2004, ch. 577, § 1; 2005, ch. 210, § 2; 2005, ch. 387, § 2; 2006, ch. 846, § 1; 2007 , ch. 364, § 3; 2007 , ch. 399, § 1; 2008 , ch. 850, §§ 1, 2; 2009 , ch. 403, § 1; 2009 , ch. 477, § 1; 2010 , ch. 1100, § 99; 2011 , ch. 158, §§ 31, 32.
Nothing in this chapter shall be construed as applying to:
(1) The domestic administration of family remedies or the furnishing of assistance in the case of an emergency;
(2) Persons employed in the office of a licensed physician or dentist, assisting in the nursing care of patients where adequate medical or nursing supervision, or both, is provided;
(3) The practice of nursing incidental to a program of study by students enrolled in nursing education programs approved by the board;
(4) Persons belonging to a recognized church or religious denomination having religious teachings and beliefs in regard to the care of the sick by prayer;
(5) Care of persons in their homes by domestic servants, housekeepers, attendants or household aides of any type, whether employed regularly or because of an emergency or illness if such persons are not initially employed in a nursing capacity;
(6) The practice of any lawfully qualified nurse of another state who is employed by the United States government or any bureau, division or agency thereof while in the discharge of the nurse's official duties in this state;
(7) The practice of any currently licensed nurse of another state who is presenting educational programs or consultative services within this state for a period not to exceed fourteen (14) days in a calendar year;
(8) The practice of any currently licensed nurse of another state whose responsibilities include transporting patients into, out of or through this state. Such exemption shall be limited to a period not to exceed forty-eight (48) hours for each transport;
(9) The practice of nursing by students who are enrolled in board-approved refresher programs or comprehensive orientation programs;
(10) Persons trained in accordance with § 68-1-904(c) who are: (A) Providing personal support services to clients living in their own home or private residence pursuant to a contract or agreement under any medicaid waiver or other program of the department of disability and aging; (B) Employed by agencies that are both licensed under title 33 and under contract to provide residential or adult day programs for people with intellectual disabilities and persons trained in accordance with § 68-1-904(c) ; or (C) Employed by community-based licensed intermediate care facilities for people with intellectual disabilities who will administer medication only at a location other than the community-based facility. The employees of the community-based licensed intermediate care facilities for people with intellectual disabilities may additionally receive medication administration training specific to the person served. For the purposes of this subdivision (10)(C), when administered by employees of the intermediate care facilities, medications shall be packaged in individual doses labeled with the name of the individual patient, the time of administration and the drug name and dosage;
(A) Providing personal support services to clients living in their own home or private residence pursuant to a contract or agreement under any medicaid waiver or other program of the department of disability and aging;
(B) Employed by agencies that are both licensed under title 33 and under contract to provide residential or adult day programs for people with intellectual disabilities and persons trained in accordance with § 68-1-904(c) ; or
(C) Employed by community-based licensed intermediate care facilities for people with intellectual disabilities who will administer medication only at a location other than the community-based facility. The employees of the community-based licensed intermediate care facilities for people with intellectual disabilities may additionally receive medication administration training specific to the person served. For the purposes of this subdivision (10)(C), when administered by employees of the intermediate care facilities, medications shall be packaged in individual doses labeled with the name of the individual patient, the time of administration and the drug name and dosage;
(11) Except for those persons covered under subdivision (10)(A), a person employed by an agency licensed under title 33, chapter 2, part 4 providing personal support services to clients living in their own home or private residence may assist the client with medication, except for injections, upon a written authorization by the client or the client's authorized representative. For the purpose of this section, assistance is limited to opening medication packaging and providing medication reminders and does not permit giving the client any form of medication. Before any such person is authorized to assist the client with medication as provided in this subdivision (11), the person shall receive and be able to document training in medication assistance performed by or under the general supervision of a registered nurse and consistent with the state's home and community-based services (HCBS) training in assisting with medications. For the purposes of this subdivision (11), assisting with medications is not to be interpreted in any manner or fashion to include, or to be the same as, medication administration that would be only appropriate and acceptable for persons who are authorized so to do by specific professional acts under this title or by rules or regulations;
(12) (A) Persons trained in accordance with § 68-1-904(c)(2) , who are employed by agencies that are both licensed under title 37 and under contract with the department of children's services to provide services, can assist children and youth with the self-administration of medication in a group home setting. Before that person is authorized to assist the child or youth with self-administration of medication, that person must have received and be able to document six (6) hours of training in medication administration from a registered nurse licensed pursuant to this chapter; (B) For the purposes of subdivision (12)(A), assisting with self-administration of medications is not to be interpreted in any manner or fashion to include, or to be the same as, medication administration that would be only appropriate and acceptable for persons who are authorized to do so by specific professional acts under this title or by rules or regulations; and
(A) Persons trained in accordance with § 68-1-904(c)(2) , who are employed by agencies that are both licensed under title 37 and under contract with the department of children's services to provide services, can assist children and youth with the self-administration of medication in a group home setting. Before that person is authorized to assist the child or youth with self-administration of medication, that person must have received and be able to document six (6) hours of training in medication administration from a registered nurse licensed pursuant to this chapter;
(B) For the purposes of subdivision (12)(A), assisting with self-administration of medications is not to be interpreted in any manner or fashion to include, or to be the same as, medication administration that would be only appropriate and acceptable for persons who are authorized to do so by specific professional acts under this title or by rules or regulations; and
(13) Except to the extent that it applies to the administration of medication, an individual who holds a valid medication technician certificate issued under this chapter, if the medication is administered in accordance with this chapter.
Amended by 2024 Tenn. Acts, ch. 688,s 146, eff. 7/1/2024.
Acts 1967, ch. 78, § 11; T.C.A., § 63-739; Acts 1982, ch. 712, § 2; 1985, ch. 39, § 1; 1993, ch. 357, § 1; 2000, ch. 947, § 6; 2004, ch. 577, § 1; 2005, ch. 210, § 2; 2005, ch. 387, § 2; 2006, ch. 846, § 1; 2007 , ch. 364, § 3; 2007 , ch. 399, § 1; 2008 , ch. 850, §§ 1, 2; 2009 , ch. 403, § 1; 2009 , ch. 477, § 1; 2010 , ch. 1100, § 99; 2011 , ch. 158, §§ 31, 32.
Tenn. Code Ann. § 63-1-142 — TN Code / Title 63 / Chapter 1 / Section 63-1-142
Temporary authorization to practice
Status: in_force

(a) Any board regulated by this title may authorize any of its members or its designee to conduct a review of the qualifications of an applicant for a license to practice such profession in this state and to make an initial determination as to whether the applicant has met all the requirements for licensure. If the board member or board designee determines that the applicant has met all the requirements for a license, the board member or board designee has the authority to issue to such applicant a temporary authorization to practice, and, once the temporary authorization is issued, the applicant is then authorized to practice such profession in this state until the board makes a final decision on the application for a license. Such temporary authorization, once issued, shall be deemed to be a valid license for all purposes, granting to the applicant all rights that would attach if the person had been issued a permanent license at that time. The board may authorize the use of this procedure with respect to an applicant for an initial license, temporary permit, temporary license, renewal of license and license reinstatement if the issuance of temporary permits, temporary licenses, renewal of license and license reinstatement is otherwise authorized by such board's practice statutes. In no event shall the temporary authorization issued pursuant to an initial determination made by a board member or a board designee be effective for longer than a six-month period measured from the date of issuance. The applicant shall not utilize this process for the same reason more than once. (b) If temporary authorization, pursuant to subsection (a), is issued to an applicant and if the subsequent decision of the board is to deny the application based upon a determination that the applicant has not complied with all the requirements for licensure, then the initial approval from that point forward shall immediately become null and void, and the applicant shall be notified immediately. In this event, the doctrine of estoppel shall not apply against the state based upon its issuance of temporary authorization and its subsequent denial of licensure. Acts 1999, ch. 518, § 1.
(a) Any board regulated by this title may authorize any of its members or its designee to conduct a review of the qualifications of an applicant for a license to practice such profession in this state and to make an initial determination as to whether the applicant has met all the requirements for licensure. If the board member or board designee determines that the applicant has met all the requirements for a license, the board member or board designee has the authority to issue to such applicant a temporary authorization to practice, and, once the temporary authorization is issued, the applicant is then authorized to practice such profession in this state until the board makes a final decision on the application for a license. Such temporary authorization, once issued, shall be deemed to be a valid license for all purposes, granting to the applicant all rights that would attach if the person had been issued a permanent license at that time. The board may authorize the use of this procedure with respect to an applicant for an initial license, temporary permit, temporary license, renewal of license and license reinstatement if the issuance of temporary permits, temporary licenses, renewal of license and license reinstatement is otherwise authorized by such board's practice statutes. In no event shall the temporary authorization issued pursuant to an initial determination made by a board member or a board designee be effective for longer than a six-month period measured from the date of issuance. The applicant shall not utilize this process for the same reason more than once.
(b) If temporary authorization, pursuant to subsection (a), is issued to an applicant and if the subsequent decision of the board is to deny the application based upon a determination that the applicant has not complied with all the requirements for licensure, then the initial approval from that point forward shall immediately become null and void, and the applicant shall be notified immediately. In this event, the doctrine of estoppel shall not apply against the state based upon its issuance of temporary authorization and its subsequent denial of licensure.
Acts 1999, ch. 518, § 1.
Tenn. Code Ann. § 63-32-116 — TN Code / Title 63 / Chapter 32 / Section 63-32-116
Public records
Status: in_force

No provision of this chapter shall be construed as restricting the status of any record as a public record for the purposes of title 10, chapter 7. Acts 1998, ch. 1073, § 16.
No provision of this chapter shall be construed as restricting the status of any record as a public record for the purposes of title 10, chapter 7.
Acts 1998, ch. 1073, § 16.
Tenn. Code Ann. § 63-11-224 — TN Code / Title 63 / Chapter 11 / Section 63-11-224
Third-party reimbursement
Status: in_force

"Community mental health centers," as defined in § 33-1-101 , institutes or governmental agencies, doctoral clinical psychology students in university-operated training clinics and those qualifying psychologists employing psychologists with temporary or provisional licenses shall be eligible to receive third-party reimbursement from any managed care plan or third-party payor for usual and customary professional services rendered by the employed psychologist with a provisional or temporary license. Acts 1999, ch. 505, § 4; 2000, ch. 947, § 8F; 2009 , ch. 69, § 1.
"Community mental health centers," as defined in § 33-1-101 , institutes or governmental agencies, doctoral clinical psychology students in university-operated training clinics and those qualifying psychologists employing psychologists with temporary or provisional licenses shall be eligible to receive third-party reimbursement from any managed care plan or third-party payor for usual and customary professional services rendered by the employed psychologist with a provisional or temporary license.
Acts 1999, ch. 505, § 4; 2000, ch. 947, § 8F; 2009 , ch. 69, § 1.
Tenn. Code Ann. § 63-17-116 — TN Code / Title 63 / Chapter 17 / Section 63-17-116
Expiration of licenses - Renewal - Retirement
Status: in_force

(a) Each licensed speech language pathologist or audiologist shall pay to the board a fee for a license renewal. The secretary of the board shall notify each licensed speech language pathologist and audiologist each year that such fee is due. (b) When any licensed speech language pathologist or audiologist fails to register and pay the registration fee within sixty (60) days after registration becomes due, as provided in this section, the license of such person is automatically revoked at the expiration of the sixty (60) days after the registration was required, without further notice or hearing. Any person whose license is automatically revoked as provided in this section may make application in writing to the board for the reinstatement of such license or certificate, and, upon good cause being shown, the board, in its discretion, may reinstate such license upon payment of current renewal fee and upon further payment of a sum to be set by the board. (c) A suspended license is subject to expiration and shall be renewed as provided in this chapter, but such renewal does not entitle the licensee while the license remains suspended and, until it is reinstated, to engage in the licensed activity or in any other activity or conduct in violation of the order or judgment by which the license was suspended. (d) A license revoked on disciplinary grounds is subject to expiration as provided in this section, but it may be renewed. If it is reinstated after its expiration, the licensee, as a condition of reinstatement, shall pay a reinstatement fee in an amount equal to the renewal fee in effect on the last preceding regular renewal date before the date on which it is reinstated, plus the delinquency fee, if any, accrued at the time of its revocation. (e) A person who fails to renew a license within the five (5) years after its expiration may not renew it and it may not be restored, reissued or reinstated thereafter; but, such person may apply for and obtain a new license if such person meets the requirements of this chapter. (f) 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 this 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. (g) (1) Notwithstanding 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 (g). Acts 1973, ch. 93, § 17; 1981, ch. 167, § 2; T.C.A., § 63-1716; Acts 1986, ch. 675, § 11; 1989, ch. 360, §§ 55-57; 1989, ch. 523, § 64; 1994, ch. 849, § 11.
(a) Each licensed speech language pathologist or audiologist shall pay to the board a fee for a license renewal. The secretary of the board shall notify each licensed speech language pathologist and audiologist each year that such fee is due.
(b) When any licensed speech language pathologist or audiologist fails to register and pay the registration fee within sixty (60) days after registration becomes due, as provided in this section, the license of such person is automatically revoked at the expiration of the sixty (60) days after the registration was required, without further notice or hearing. Any person whose license is automatically revoked as provided in this section may make application in writing to the board for the reinstatement of such license or certificate, and, upon good cause being shown, the board, in its discretion, may reinstate such license upon payment of current renewal fee and upon further payment of a sum to be set by the board.
(c) A suspended license is subject to expiration and shall be renewed as provided in this chapter, but such renewal does not entitle the licensee while the license remains suspended and, until it is reinstated, to engage in the licensed activity or in any other activity or conduct in violation of the order or judgment by which the license was suspended.
(d) A license revoked on disciplinary grounds is subject to expiration as provided in this section, but it may be renewed. If it is reinstated after its expiration, the licensee, as a condition of reinstatement, shall pay a reinstatement fee in an amount equal to the renewal fee in effect on the last preceding regular renewal date before the date on which it is reinstated, plus the delinquency fee, if any, accrued at the time of its revocation.
(e) A person who fails to renew a license within the five (5) years after its expiration may not renew it and it may not be restored, reissued or reinstated thereafter; but, such person may apply for and obtain a new license if such person meets the requirements of this chapter.
(f) 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 this 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.
(g) (1) Notwithstanding 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 (g).
(1) Notwithstanding 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 (g).
Acts 1973, ch. 93, § 17; 1981, ch. 167, § 2; T.C.A., § 63-1716; Acts 1986, ch. 675, § 11; 1989, ch. 360, §§ 55-57; 1989, ch. 523, § 64; 1994, ch. 849, § 11.
Tenn. Code Ann. § 63-13-206 — TN Code / Title 63 / Chapter 13 / Section 63-13-206
Supervision of an occupational therapy assistant by an occupational therapist
Status: in_force

(a) A licensed occupational therapy assistant shall practice under the supervision of an occupational therapist who is licensed in Tennessee. (b) The supervising occupational therapist is responsible for all services provided by the occupational therapy assistant, including, but not limited to, the formulation and implementation of a plan of occupational therapy services for each client, and has a continuing responsibility to follow the progress of each client and to ensure the effective and appropriate supervision of the occupational therapy assistant according to the needs of the client. (c) The supervising occupational therapist shall assign to the occupational therapy assistant only those duties and responsibilities that the occupational therapy assistant is qualified to perform. (d) The board shall adopt rules governing the supervision of occupational therapy assistants by occupational therapists. Those rules may address the following: (1) The manner in which the supervising occupational therapist oversees the work of the occupational therapy assistant; (2) The ratio of occupational therapists to occupational therapy assistants required under different conditions and in different practice settings; and (3) The documentation of supervision contacts between the supervising occupational therapist and the occupational therapy assistant. (e) The rules adopted by the board shall recognize that the frequency, methods and content of supervision of occupational therapy assistants by occupational therapists may vary by practice setting and are dependent upon the following factors, among others: (1) Complexity of the client's needs; (2) Number and diversity of clients; (3) Skills of the occupational therapy assistant and the supervising occupational therapist; (4) Type of practice setting; and (5) Requirements of the practice setting. Acts 1999, ch. 415, § 2; 2006, ch. 765, § 6.
(a) A licensed occupational therapy assistant shall practice under the supervision of an occupational therapist who is licensed in Tennessee.
(b) The supervising occupational therapist is responsible for all services provided by the occupational therapy assistant, including, but not limited to, the formulation and implementation of a plan of occupational therapy services for each client, and has a continuing responsibility to follow the progress of each client and to ensure the effective and appropriate supervision of the occupational therapy assistant according to the needs of the client.
(c) The supervising occupational therapist shall assign to the occupational therapy assistant only those duties and responsibilities that the occupational therapy assistant is qualified to perform.
(d) The board shall adopt rules governing the supervision of occupational therapy assistants by occupational therapists. Those rules may address the following: (1) The manner in which the supervising occupational therapist oversees the work of the occupational therapy assistant; (2) The ratio of occupational therapists to occupational therapy assistants required under different conditions and in different practice settings; and (3) The documentation of supervision contacts between the supervising occupational therapist and the occupational therapy assistant.
(1) The manner in which the supervising occupational therapist oversees the work of the occupational therapy assistant;
(2) The ratio of occupational therapists to occupational therapy assistants required under different conditions and in different practice settings; and
(3) The documentation of supervision contacts between the supervising occupational therapist and the occupational therapy assistant.
(e) The rules adopted by the board shall recognize that the frequency, methods and content of supervision of occupational therapy assistants by occupational therapists may vary by practice setting and are dependent upon the following factors, among others: (1) Complexity of the client's needs; (2) Number and diversity of clients; (3) Skills of the occupational therapy assistant and the supervising occupational therapist; (4) Type of practice setting; and (5) Requirements of the practice setting.
(1) Complexity of the client's needs;
(2) Number and diversity of clients;
(3) Skills of the occupational therapy assistant and the supervising occupational therapist;
(4) Type of practice setting; and
(5) Requirements of the practice setting.
Acts 1999, ch. 415, § 2; 2006, ch. 765, § 6.
Tenn. Code Ann. § 63-3-205 — TN Code / Title 63 / Chapter 3 / Section 63-3-205
Application
Status: in_force

(a) On and after January 1, 2008, no person shall practice orthotics, prosthetics or pedorthics in this state, or hold out as being able to practice either profession, or dispense an orthosis, prosthesis or pedorthic device, unless such person is licensed in accordance with the requirements of this part. (b) Until January 1, 2008, a person certified by the American Board for Certification in Orthotics and Prosthetics, Inc., with the title of Certified Orthotist (CO), Certified Prosthetist (CP) or Certified Orthotist-Prosthetist (CPO), or by the Board for Orthotist/Prosthetist Certification with the title of Board of Orthotic Certification - Orthotist (BOCO) or Board of Certification - Prosthetist (BOCP), or holding similar certifications from other accrediting bodies with equivalent educational requirements and examination standards, may apply for and may be granted orthotic or prosthetic licensure under this part, upon payment of the required fee. After January 1, 2008, any applicant for initial licensure as an orthotist or a prosthetist shall meet the requirements of this part regarding license. (c) Until January 1, 2008, a person certified as a Certified Pedorthist (CPED) by the Board of Certification in Pedorthics, Inc., or a person certified as a CO, CP or CPO by the American Board for Certification in Orthotics and Prosthetics, Inc., or certified as a BOCO or BOCP by the Board for Orthotist/Prosthetist Certification, or holding similar certifications from other accrediting bodies with equivalent educational requirements and examination standards, may apply for and may be granted pedorthic licensure under this part, upon payment of the required fee. After that date, any applicant for initial licensure as a pedorthist shall meet the requirements of this part regarding licensure. (d) Notwithstanding any other provision of this part to the contrary, a person who has practiced full time for a minimum of the past five (5) years in a prosthetic/orthotic facility as an orthotist or prosthetist or in a pedorthic facility as a pedorthist may file an application with the board before January 1, 2007, in order to continue to practice orthotics, prosthetics or pedorthics and may be issued a license to practice orthotics, prosthetics or pedorthics under this part without examination, upon receipt by the division of payment of the licensing fee required and after the board has completed an investigation of the applicant's work history. The investigation may include, but is not limited to, completion by the applicant of a questionnaire regarding the applicant's work history and scope of practice. Acts 2005, ch. 380, § 1.
(a) On and after January 1, 2008, no person shall practice orthotics, prosthetics or pedorthics in this state, or hold out as being able to practice either profession, or dispense an orthosis, prosthesis or pedorthic device, unless such person is licensed in accordance with the requirements of this part.
(b) Until January 1, 2008, a person certified by the American Board for Certification in Orthotics and Prosthetics, Inc., with the title of Certified Orthotist (CO), Certified Prosthetist (CP) or Certified Orthotist-Prosthetist (CPO), or by the Board for Orthotist/Prosthetist Certification with the title of Board of Orthotic Certification - Orthotist (BOCO) or Board of Certification - Prosthetist (BOCP), or holding similar certifications from other accrediting bodies with equivalent educational requirements and examination standards, may apply for and may be granted orthotic or prosthetic licensure under this part, upon payment of the required fee. After January 1, 2008, any applicant for initial licensure as an orthotist or a prosthetist shall meet the requirements of this part regarding license.
(c) Until January 1, 2008, a person certified as a Certified Pedorthist (CPED) by the Board of Certification in Pedorthics, Inc., or a person certified as a CO, CP or CPO by the American Board for Certification in Orthotics and Prosthetics, Inc., or certified as a BOCO or BOCP by the Board for Orthotist/Prosthetist Certification, or holding similar certifications from other accrediting bodies with equivalent educational requirements and examination standards, may apply for and may be granted pedorthic licensure under this part, upon payment of the required fee. After that date, any applicant for initial licensure as a pedorthist shall meet the requirements of this part regarding licensure.
(d) Notwithstanding any other provision of this part to the contrary, a person who has practiced full time for a minimum of the past five (5) years in a prosthetic/orthotic facility as an orthotist or prosthetist or in a pedorthic facility as a pedorthist may file an application with the board before January 1, 2007, in order to continue to practice orthotics, prosthetics or pedorthics and may be issued a license to practice orthotics, prosthetics or pedorthics under this part without examination, upon receipt by the division of payment of the licensing fee required and after the board has completed an investigation of the applicant's work history. The investigation may include, but is not limited to, completion by the applicant of a questionnaire regarding the applicant's work history and scope of practice.
Acts 2005, ch. 380, § 1.
Tenn. Code Ann. § 63-17-127 — TN Code / Title 63 / Chapter 17 / Section 63-17-127
Inactive licenses to perform pro bono services
Status: in_force

The board shall establish by rule an inactive license category that allows audiologists and speech language pathologists to perform services without compensation only for those persons receiving services from organizations that have received a determination of exemption under § 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) ). Such inactive license category shall not authorize any other practice of audiology or speech language pathology. Acts 1997 , ch. 345, § 5.
The board shall establish by rule an inactive license category that allows audiologists and speech language pathologists to perform services without compensation only for those persons receiving services from organizations that have received a determination of exemption under § 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) ). Such inactive license category shall not authorize any other practice of audiology or speech language pathology.
Acts 1997 , ch. 345, § 5.
Tenn. Code Ann. § 63-11-404 — TN Code / Title 63 / Chapter 11 / Section 63-11-404
Promulgation of rules - Other duties of advisory committee
Status: in_force

(a) The advisory committee shall: (1) Promulgate rules for the implementation of this part, including rules to establish: (A) Requirements and procedures for licensure and licensure renewal for licensed professional art therapists and associate art therapists; (B) Standards of practice, ethics, and professional responsibility to govern the conduct of persons licensed under this part; (C) Standards and requirements for engaging in private outpatient independent practice of professional art therapy; (D) Procedures for investigating reports of professional misconduct and unlawful acts by licensed professional art therapists; and (E) Criteria and procedures for licensure by endorsement and reciprocity, waiver of examinations, and temporary licenses; (2) Establish reasonable and necessary fees for licensure and licensure renewal that, in the aggregate, cover the cost of administering this part; and (3) Maintain a list of persons holding licenses under this part, to be provided to any interested party upon written request. (b) The advisory committee shall also: (1) Review issues related to complaints and disciplinary actions involving licensed professional art therapists; (2) Review the qualifications of licensure applications and issue licenses to individuals who meet the requirements for licensure under this part; (3) Establish requirements for supervised clinical practice by associate art therapists engaged in the practice of professional art therapy to fulfill requirements for licensure under this part; (4) Establish guidelines and criteria for continuing education for the renewal of licenses; and (5) Perform additional duties and responsibilities as requested by the board. (c) The rules promulgated by the advisory committee for the implementation of this part must: (1) Provide for the requirements for licensure as set forth in § 63-11-405 ; and (2) Take into consideration the standards of ethics and professional conduct of the Code of Ethics, Conduct and Disciplinary Procedures of the Art Therapy Credentials Board, Inc., and other national mental health organizations in effect on January 1, 2021. Added by 2021 Tenn. Acts, ch. 160, s 2, eff. 7/1/2022.
(a) The advisory committee shall: (1) Promulgate rules for the implementation of this part, including rules to establish: (A) Requirements and procedures for licensure and licensure renewal for licensed professional art therapists and associate art therapists; (B) Standards of practice, ethics, and professional responsibility to govern the conduct of persons licensed under this part; (C) Standards and requirements for engaging in private outpatient independent practice of professional art therapy; (D) Procedures for investigating reports of professional misconduct and unlawful acts by licensed professional art therapists; and (E) Criteria and procedures for licensure by endorsement and reciprocity, waiver of examinations, and temporary licenses; (2) Establish reasonable and necessary fees for licensure and licensure renewal that, in the aggregate, cover the cost of administering this part; and (3) Maintain a list of persons holding licenses under this part, to be provided to any interested party upon written request.
(1) Promulgate rules for the implementation of this part, including rules to establish: (A) Requirements and procedures for licensure and licensure renewal for licensed professional art therapists and associate art therapists; (B) Standards of practice, ethics, and professional responsibility to govern the conduct of persons licensed under this part; (C) Standards and requirements for engaging in private outpatient independent practice of professional art therapy; (D) Procedures for investigating reports of professional misconduct and unlawful acts by licensed professional art therapists; and (E) Criteria and procedures for licensure by endorsement and reciprocity, waiver of examinations, and temporary licenses;
(A) Requirements and procedures for licensure and licensure renewal for licensed professional art therapists and associate art therapists;
(B) Standards of practice, ethics, and professional responsibility to govern the conduct of persons licensed under this part;
(C) Standards and requirements for engaging in private outpatient independent practice of professional art therapy;
(D) Procedures for investigating reports of professional misconduct and unlawful acts by licensed professional art therapists; and
(E) Criteria and procedures for licensure by endorsement and reciprocity, waiver of examinations, and temporary licenses;
(2) Establish reasonable and necessary fees for licensure and licensure renewal that, in the aggregate, cover the cost of administering this part; and
(3) Maintain a list of persons holding licenses under this part, to be provided to any interested party upon written request.
(b) The advisory committee shall also: (1) Review issues related to complaints and disciplinary actions involving licensed professional art therapists; (2) Review the qualifications of licensure applications and issue licenses to individuals who meet the requirements for licensure under this part; (3) Establish requirements for supervised clinical practice by associate art therapists engaged in the practice of professional art therapy to fulfill requirements for licensure under this part; (4) Establish guidelines and criteria for continuing education for the renewal of licenses; and (5) Perform additional duties and responsibilities as requested by the board.
(1) Review issues related to complaints and disciplinary actions involving licensed professional art therapists;
(2) Review the qualifications of licensure applications and issue licenses to individuals who meet the requirements for licensure under this part;
(3) Establish requirements for supervised clinical practice by associate art therapists engaged in the practice of professional art therapy to fulfill requirements for licensure under this part;
(4) Establish guidelines and criteria for continuing education for the renewal of licenses; and
(5) Perform additional duties and responsibilities as requested by the board.
(c) The rules promulgated by the advisory committee for the implementation of this part must: (1) Provide for the requirements for licensure as set forth in § 63-11-405 ; and (2) Take into consideration the standards of ethics and professional conduct of the Code of Ethics, Conduct and Disciplinary Procedures of the Art Therapy Credentials Board, Inc., and other national mental health organizations in effect on January 1, 2021.
(1) Provide for the requirements for licensure as set forth in § 63-11-405 ; and
(2) Take into consideration the standards of ethics and professional conduct of the Code of Ethics, Conduct and Disciplinary Procedures of the Art Therapy Credentials Board, Inc., and other national mental health organizations in effect on January 1, 2021.
Added by 2021 Tenn. Acts, ch. 160, s 2, eff. 7/1/2022.
Tenn. Code Ann. § 63-6-242 — TN Code / Title 63 / Chapter 6 / Section 63-6-242
Employee or contractor's unauthorized use of medical doctor's DEA registration number to write prescriptions
Status: in_force

(a) Any medical doctor licensed pursuant to this chapter who has reason to believe that an employee or contractor of the doctor or the doctor's firm, partnership or corporation has used the doctor's federal drug enforcement administration (DEA) registration number without authorization to write prescriptions may make a report to a law enforcement agency. (b) Any medical doctor, firm, partnership, or corporation making a report pursuant to subsection (a) shall be immune from any civil liability for making such report when made in good faith. Acts 2012 , ch. 818, § 1.
(a) Any medical doctor licensed pursuant to this chapter who has reason to believe that an employee or contractor of the doctor or the doctor's firm, partnership or corporation has used the doctor's federal drug enforcement administration (DEA) registration number without authorization to write prescriptions may make a report to a law enforcement agency.
(b) Any medical doctor, firm, partnership, or corporation making a report pursuant to subsection (a) shall be immune from any civil liability for making such report when made in good faith.
Acts 2012 , ch. 818, § 1.
Tenn. Code Ann. § 63-11-215 — TN Code / Title 63 / Chapter 11 / Section 63-11-215
Denial, restriction, suspension or revocation of license or certificate - Disciplinary action
Status: in_force

(a) The board has the power to: (1) Deny an application for a license or certificate to any applicant; (2) Permanently or temporarily withhold issuance of a license or certificate; (3) Suspend, limit or restrict a previously issued license or certificate for such time and in such manner as the board may determine; (4) Reprimand or take such action in relation to disciplining an applicant or licensee or certified person as the board in its discretion may deem proper; or (5) Permanently revoke a license or certificate. (b) The grounds upon which the board shall exercise the powers enumerated in subsection (a) include, but are not limited to: (1) Unprofessional, dishonorable or unethical conduct; (2) Violation or attempted violation, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this chapter or any lawful order of the board issued pursuant thereto, or any criminal statute of the state; (3) Making false statements or representations, being guilty of fraud or deceit in obtaining admission to practice or being guilty of fraud or deceit in the course of professional practice; (4) Gross health care liability or a pattern of continued or repeated health care liability, ignorance, negligence or incompetence in the course of practice; (5) Habitual intoxication or personal misuse of any drugs or the use of intoxicating liquors, narcotics, controlled substances, controlled substance analogues or other drugs or stimulants in such manner as to adversely affect the person's ability to practice the person's profession; (6) Willfully betraying a professional secret; (7) The advertising of psychological practice in which untrue or misleading statements are made or causing the publication or circulation of fraudulent advertising relative to any disease, human ailment or condition; (8) Willful violation of the rules and regulations that may be promulgated by the board to regulate advertising by practitioners who are under the jurisdiction of such board; (9) Conviction of a felony, conviction of any offense under state or federal drug laws or conviction of any offense involving moral turpitude; (10) Making or signing in one's professional capacity any certificate that is known to be false at the time one makes or signs such certificate; (11) Offering, undertaking or agreeing to cure or treat a disease, injury, ailment or infirmity by a secret means, method, device or instrumentality; (12) Giving, receiving or aiding or abetting in the giving or receiving of rebates, either directly or indirectly; (13) Engaging in practice under a false or assumed name or the impersonation of another practitioner of a like, similar or different name; (14) Engaging in practice when mentally or physically unable to safely do so; (15) Violation of chapter 6 of this title; and (16) Practice of a level of psychology inappropriate or beyond the scope of the particular license or licenses or certification held by the licensee or certified person. (c) 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 27, eff. 7/1/2018. Acts 1953, ch. 169, § 12 (Williams, § 7082.12); Acts 1955, ch. 56, § 1; 1979, ch. 201, § 1; T.C.A. (orig. ed.), § 63-1119; Acts 1985, ch. 120, § 12; 2001, ch. 123, §§ 23 - 28; 2012 , ch. 798, § 45; 2012 , ch. 848, § 75.
(a) The board has the power to: (1) Deny an application for a license or certificate to any applicant; (2) Permanently or temporarily withhold issuance of a license or certificate; (3) Suspend, limit or restrict a previously issued license or certificate for such time and in such manner as the board may determine; (4) Reprimand or take such action in relation to disciplining an applicant or licensee or certified person as the board in its discretion may deem proper; or (5) Permanently revoke a license or certificate.
(1) Deny an application for a license or certificate to any applicant;
(2) Permanently or temporarily withhold issuance of a license or certificate;
(3) Suspend, limit or restrict a previously issued license or certificate for such time and in such manner as the board may determine;
(4) Reprimand or take such action in relation to disciplining an applicant or licensee or certified person as the board in its discretion may deem proper; or
(5) Permanently revoke a license or certificate.
(b) The grounds upon which the board shall exercise the powers enumerated in subsection (a) include, but are not limited to: (1) Unprofessional, dishonorable or unethical conduct; (2) Violation or attempted violation, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this chapter or any lawful order of the board issued pursuant thereto, or any criminal statute of the state; (3) Making false statements or representations, being guilty of fraud or deceit in obtaining admission to practice or being guilty of fraud or deceit in the course of professional practice; (4) Gross health care liability or a pattern of continued or repeated health care liability, ignorance, negligence or incompetence in the course of practice; (5) Habitual intoxication or personal misuse of any drugs or the use of intoxicating liquors, narcotics, controlled substances, controlled substance analogues or other drugs or stimulants in such manner as to adversely affect the person's ability to practice the person's profession; (6) Willfully betraying a professional secret; (7) The advertising of psychological practice in which untrue or misleading statements are made or causing the publication or circulation of fraudulent advertising relative to any disease, human ailment or condition; (8) Willful violation of the rules and regulations that may be promulgated by the board to regulate advertising by practitioners who are under the jurisdiction of such board; (9) Conviction of a felony, conviction of any offense under state or federal drug laws or conviction of any offense involving moral turpitude; (10) Making or signing in one's professional capacity any certificate that is known to be false at the time one makes or signs such certificate; (11) Offering, undertaking or agreeing to cure or treat a disease, injury, ailment or infirmity by a secret means, method, device or instrumentality; (12) Giving, receiving or aiding or abetting in the giving or receiving of rebates, either directly or indirectly; (13) Engaging in practice under a false or assumed name or the impersonation of another practitioner of a like, similar or different name; (14) Engaging in practice when mentally or physically unable to safely do so; (15) Violation of chapter 6 of this title; and (16) Practice of a level of psychology inappropriate or beyond the scope of the particular license or licenses or certification held by the licensee or certified person.
(1) Unprofessional, dishonorable or unethical conduct;
(2) Violation or attempted violation, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this chapter or any lawful order of the board issued pursuant thereto, or any criminal statute of the state;
(3) Making false statements or representations, being guilty of fraud or deceit in obtaining admission to practice or being guilty of fraud or deceit in the course of professional practice;
(4) Gross health care liability or a pattern of continued or repeated health care liability, ignorance, negligence or incompetence in the course of practice;
(5) Habitual intoxication or personal misuse of any drugs or the use of intoxicating liquors, narcotics, controlled substances, controlled substance analogues or other drugs or stimulants in such manner as to adversely affect the person's ability to practice the person's profession;
(6) Willfully betraying a professional secret;
(7) The advertising of psychological practice in which untrue or misleading statements are made or causing the publication or circulation of fraudulent advertising relative to any disease, human ailment or condition;
(8) Willful violation of the rules and regulations that may be promulgated by the board to regulate advertising by practitioners who are under the jurisdiction of such board;
(9) Conviction of a felony, conviction of any offense under state or federal drug laws or conviction of any offense involving moral turpitude;
(10) Making or signing in one's professional capacity any certificate that is known to be false at the time one makes or signs such certificate;
(11) Offering, undertaking or agreeing to cure or treat a disease, injury, ailment or infirmity by a secret means, method, device or instrumentality;
(12) Giving, receiving or aiding or abetting in the giving or receiving of rebates, either directly or indirectly;
(13) Engaging in practice under a false or assumed name or the impersonation of another practitioner of a like, similar or different name;
(14) Engaging in practice when mentally or physically unable to safely do so;
(15) Violation of chapter 6 of this title; and
(16) Practice of a level of psychology inappropriate or beyond the scope of the particular license or licenses or certification held by the licensee or certified person.
(c) 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 27, eff. 7/1/2018.
Acts 1953, ch. 169, § 12 (Williams, § 7082.12); Acts 1955, ch. 56, § 1; 1979, ch. 201, § 1; T.C.A. (orig. ed.), § 63-1119; Acts 1985, ch. 120, § 12; 2001, ch. 123, §§ 23 - 28; 2012 , ch. 798, § 45; 2012 , ch. 848, § 75.