Tenn. Code Ann. § 63-11-411 — TN Code / Title 63 / Chapter 11 / Section 63-11-411
Denial, suspension, or revocation of license or other disciplinary action - Grounds
Status: in_force

(a) The advisory committee may deny a person's application for a license, restrict, suspend, or revoke an existing license, or take other action that the advisory committee deems proper. (b) The grounds upon which the advisory committee may exercise the powers enumerated in subsection (a) include, but are not limited to: (1) Obtaining or attempting to obtain a license by making a false or misleading statement, failing to make a required statement, or engaging in fraud or deceit in any communication to the advisory committee; (2) Violation or attempted violation, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any criminal statute of this state, any provision of this chapter, a rule promulgated by the advisory committee, or any lawful order of the advisory committee issued pursuant to rules; (3) Gross or repeated negligence, incompetence, misconduct, or malpractice in professional work including, but not limited to: (A) Any physical or mental condition that currently impairs a licensee's competent professional performance or that poses a substantial risk to the recipient of art therapy services; (B) Professional conduct that constitutes an extreme and unjustified deviation from the customary standard of practice accepted in the professional practice of art therapy; (C) Abandonment of a service recipient resulting in the termination of imminently needed care without adequate notice or provision for transition; (D) Professional recordkeeping or data collection that constitutes an extreme and unjustified deviation from the customary standard of practice for the field, or deceptively altering a service recipient's records or data; and (E) Unauthorized disclosure of confidential client information, including, but not limited to, client records, art work, and artistic expressions; and (4) Any other action deemed to be grounds for disciplinary action under § 63-11-215 . (c) All proceedings for disciplinary action against a licensee under this part must be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Added by 2021 Tenn. Acts, ch. 160, s 2, eff. 7/1/2022.
(a) The advisory committee may deny a person's application for a license, restrict, suspend, or revoke an existing license, or take other action that the advisory committee deems proper.
(b) The grounds upon which the advisory committee may exercise the powers enumerated in subsection (a) include, but are not limited to: (1) Obtaining or attempting to obtain a license by making a false or misleading statement, failing to make a required statement, or engaging in fraud or deceit in any communication to the advisory committee; (2) Violation or attempted violation, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any criminal statute of this state, any provision of this chapter, a rule promulgated by the advisory committee, or any lawful order of the advisory committee issued pursuant to rules; (3) Gross or repeated negligence, incompetence, misconduct, or malpractice in professional work including, but not limited to: (A) Any physical or mental condition that currently impairs a licensee's competent professional performance or that poses a substantial risk to the recipient of art therapy services; (B) Professional conduct that constitutes an extreme and unjustified deviation from the customary standard of practice accepted in the professional practice of art therapy; (C) Abandonment of a service recipient resulting in the termination of imminently needed care without adequate notice or provision for transition; (D) Professional recordkeeping or data collection that constitutes an extreme and unjustified deviation from the customary standard of practice for the field, or deceptively altering a service recipient's records or data; and (E) Unauthorized disclosure of confidential client information, including, but not limited to, client records, art work, and artistic expressions; and (4) Any other action deemed to be grounds for disciplinary action under § 63-11-215 .
(1) Obtaining or attempting to obtain a license by making a false or misleading statement, failing to make a required statement, or engaging in fraud or deceit in any communication to the advisory committee;
(2) Violation or attempted violation, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any criminal statute of this state, any provision of this chapter, a rule promulgated by the advisory committee, or any lawful order of the advisory committee issued pursuant to rules;
(3) Gross or repeated negligence, incompetence, misconduct, or malpractice in professional work including, but not limited to: (A) Any physical or mental condition that currently impairs a licensee's competent professional performance or that poses a substantial risk to the recipient of art therapy services; (B) Professional conduct that constitutes an extreme and unjustified deviation from the customary standard of practice accepted in the professional practice of art therapy; (C) Abandonment of a service recipient resulting in the termination of imminently needed care without adequate notice or provision for transition; (D) Professional recordkeeping or data collection that constitutes an extreme and unjustified deviation from the customary standard of practice for the field, or deceptively altering a service recipient's records or data; and (E) Unauthorized disclosure of confidential client information, including, but not limited to, client records, art work, and artistic expressions; and
(A) Any physical or mental condition that currently impairs a licensee's competent professional performance or that poses a substantial risk to the recipient of art therapy services;
(B) Professional conduct that constitutes an extreme and unjustified deviation from the customary standard of practice accepted in the professional practice of art therapy;
(C) Abandonment of a service recipient resulting in the termination of imminently needed care without adequate notice or provision for transition;
(D) Professional recordkeeping or data collection that constitutes an extreme and unjustified deviation from the customary standard of practice for the field, or deceptively altering a service recipient's records or data; and
(E) Unauthorized disclosure of confidential client information, including, but not limited to, client records, art work, and artistic expressions; and
(4) Any other action deemed to be grounds for disciplinary action under § 63-11-215 .
(c) All proceedings for disciplinary action against a licensee under this part must be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Added by 2021 Tenn. Acts, ch. 160, s 2, eff. 7/1/2022.
Tenn. Code Ann. § 63-19-110 — TN Code / Title 63 / Chapter 19 / Section 63-19-110
Grounds for denial, suspension, or revocation of licenses
Status: in_force

(a) The board has the power to: (1) Deny an application for a license to an applicant who applies for a license through reciprocity or otherwise; (2) Permanently or temporarily withhold issuance of a license; (3) Suspend, limit, or restrict a previously issued license 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, including, but not limited to, informal settlements, private censures and warnings, and issuing civil penalties, as the board in its discretion may deem proper; or (5) Permanently revoke a license. (b) The grounds upon which the board shall exercise such power include, but are not limited to: (1) The conviction of a crime; (2) Fraud in procuring or attempting to procure a license to practice medicine as a physician assistant; (3) The commission of unprofessional or unethical conduct; (4) An addiction to the use of alcohol, narcotics, or other drugs; (5) Engaging in the inappropriate prescribing, dispensing, or otherwise distributing a controlled substance or other drug in the course of professional practice; (6) Suspension or revocation of a license in another state for disciplinary reasons; (7) Failure to comply with the lawful order or duly promulgated rules of the board; or (8) (A) Except as authorized in part 2 of this chapter, holding oneself out as board-certified in a medical specialty, or utilizing a medical specialty designation with: (i) A title or title reference; (ii) An advertisement; (iii) The name of any healthcare setting that is majority-owned by physician assistants; (iv) Credentialing with any licensed healthcare facility or health insurance entity; or (v) An application for healthcare liability insurance coverage; (B) Subdivision (b)(8)(A) is not grounds for discipline of a licensee who worked in a healthcare setting that used a medical specialty designation prior to January 1, 2024, as long as: (i) The licensee's collaborating physician: (a) Is board-certified or board eligible in the designated specialty; (b) Owns part of the practice that provided the services in such healthcare setting; and (c) Sees patients in such healthcare setting on a regular basis; and (ii) Ownership of the practice has not changed on or after January 1, 2024; and (C) (i) Prior to March 1, 2025, a licensee who practices in a healthcare setting described in subdivision (b)(8)(B) shall submit proof satisfactory to the board that the licensee's healthcare setting meets the requirements of subdivision (b)(8)(B); and (ii) If a licensee who, prior to March 1, 2025, meets the requirements of subdivision (b)(8)(B), ceases to meet such requirements on or after March 1, 2025, then the licensee shall notify the board within thirty (30) days. (c) Upon issuing disciplinary action to a licensee, the board shall notify the board of medical examiners, board of osteopathic examination, or board of podiatry, as appropriate, of the disciplinary action and the licensee's primary collaborating physician of record. (d) A disciplinary action issued by the board for a violation involving the prescribing, dispensing, or otherwise issuing of controlled substances by a physician assistant must also be approved by the board of medical examiners, and the board shall give notice to the appropriate licensing board of the primary collaborating physician of record. Amended by 2024 Tenn. Acts, ch. 1042,s 4, eff. upon promulgation of rules governing the collaborative agreements of physician assistants with physicians; see T.C.A. § 63-19-106(h)(1). Amended by 2021 Tenn. Acts, ch. 565, s 6, eff. 5/26/2021. Acts 1985, ch. 376, § 1; T.C.A, § 63-19-210 ; Acts 1988, ch. 906, § 5; 1991, ch. 122, § 4; 1992, ch. 604, § 4.
(a) The board has the power to: (1) Deny an application for a license to an applicant who applies for a license through reciprocity or otherwise; (2) Permanently or temporarily withhold issuance of a license; (3) Suspend, limit, or restrict a previously issued license 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, including, but not limited to, informal settlements, private censures and warnings, and issuing civil penalties, as the board in its discretion may deem proper; or (5) Permanently revoke a license.
(1) Deny an application for a license to an applicant who applies for a license through reciprocity or otherwise;
(2) Permanently or temporarily withhold issuance of a license;
(3) Suspend, limit, or restrict a previously issued license 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, including, but not limited to, informal settlements, private censures and warnings, and issuing civil penalties, as the board in its discretion may deem proper; or
(5) Permanently revoke a license.
(b) The grounds upon which the board shall exercise such power include, but are not limited to: (1) The conviction of a crime; (2) Fraud in procuring or attempting to procure a license to practice medicine as a physician assistant; (3) The commission of unprofessional or unethical conduct; (4) An addiction to the use of alcohol, narcotics, or other drugs; (5) Engaging in the inappropriate prescribing, dispensing, or otherwise distributing a controlled substance or other drug in the course of professional practice; (6) Suspension or revocation of a license in another state for disciplinary reasons; (7) Failure to comply with the lawful order or duly promulgated rules of the board; or (8) (A) Except as authorized in part 2 of this chapter, holding oneself out as board-certified in a medical specialty, or utilizing a medical specialty designation with: (i) A title or title reference; (ii) An advertisement; (iii) The name of any healthcare setting that is majority-owned by physician assistants; (iv) Credentialing with any licensed healthcare facility or health insurance entity; or (v) An application for healthcare liability insurance coverage; (B) Subdivision (b)(8)(A) is not grounds for discipline of a licensee who worked in a healthcare setting that used a medical specialty designation prior to January 1, 2024, as long as: (i) The licensee's collaborating physician: (a) Is board-certified or board eligible in the designated specialty; (b) Owns part of the practice that provided the services in such healthcare setting; and (c) Sees patients in such healthcare setting on a regular basis; and (ii) Ownership of the practice has not changed on or after January 1, 2024; and (C) (i) Prior to March 1, 2025, a licensee who practices in a healthcare setting described in subdivision (b)(8)(B) shall submit proof satisfactory to the board that the licensee's healthcare setting meets the requirements of subdivision (b)(8)(B); and (ii) If a licensee who, prior to March 1, 2025, meets the requirements of subdivision (b)(8)(B), ceases to meet such requirements on or after March 1, 2025, then the licensee shall notify the board within thirty (30) days.
(1) The conviction of a crime;
(2) Fraud in procuring or attempting to procure a license to practice medicine as a physician assistant;
(3) The commission of unprofessional or unethical conduct;
(4) An addiction to the use of alcohol, narcotics, or other drugs;
(5) Engaging in the inappropriate prescribing, dispensing, or otherwise distributing a controlled substance or other drug in the course of professional practice;
(6) Suspension or revocation of a license in another state for disciplinary reasons;
(7) Failure to comply with the lawful order or duly promulgated rules of the board; or
(8) (A) Except as authorized in part 2 of this chapter, holding oneself out as board-certified in a medical specialty, or utilizing a medical specialty designation with: (i) A title or title reference; (ii) An advertisement; (iii) The name of any healthcare setting that is majority-owned by physician assistants; (iv) Credentialing with any licensed healthcare facility or health insurance entity; or (v) An application for healthcare liability insurance coverage; (B) Subdivision (b)(8)(A) is not grounds for discipline of a licensee who worked in a healthcare setting that used a medical specialty designation prior to January 1, 2024, as long as: (i) The licensee's collaborating physician: (a) Is board-certified or board eligible in the designated specialty; (b) Owns part of the practice that provided the services in such healthcare setting; and (c) Sees patients in such healthcare setting on a regular basis; and (ii) Ownership of the practice has not changed on or after January 1, 2024; and (C) (i) Prior to March 1, 2025, a licensee who practices in a healthcare setting described in subdivision (b)(8)(B) shall submit proof satisfactory to the board that the licensee's healthcare setting meets the requirements of subdivision (b)(8)(B); and (ii) If a licensee who, prior to March 1, 2025, meets the requirements of subdivision (b)(8)(B), ceases to meet such requirements on or after March 1, 2025, then the licensee shall notify the board within thirty (30) days.
(A) Except as authorized in part 2 of this chapter, holding oneself out as board-certified in a medical specialty, or utilizing a medical specialty designation with: (i) A title or title reference; (ii) An advertisement; (iii) The name of any healthcare setting that is majority-owned by physician assistants; (iv) Credentialing with any licensed healthcare facility or health insurance entity; or (v) An application for healthcare liability insurance coverage;
(i) A title or title reference;
(ii) An advertisement;
(iii) The name of any healthcare setting that is majority-owned by physician assistants;
(iv) Credentialing with any licensed healthcare facility or health insurance entity; or
(v) An application for healthcare liability insurance coverage;
(B) Subdivision (b)(8)(A) is not grounds for discipline of a licensee who worked in a healthcare setting that used a medical specialty designation prior to January 1, 2024, as long as: (i) The licensee's collaborating physician: (a) Is board-certified or board eligible in the designated specialty; (b) Owns part of the practice that provided the services in such healthcare setting; and (c) Sees patients in such healthcare setting on a regular basis; and (ii) Ownership of the practice has not changed on or after January 1, 2024; and
(i) The licensee's collaborating physician: (a) Is board-certified or board eligible in the designated specialty; (b) Owns part of the practice that provided the services in such healthcare setting; and (c) Sees patients in such healthcare setting on a regular basis; and
(a) Is board-certified or board eligible in the designated specialty;
(b) Owns part of the practice that provided the services in such healthcare setting; and
(c) Sees patients in such healthcare setting on a regular basis; and
(ii) Ownership of the practice has not changed on or after January 1, 2024; and
(C) (i) Prior to March 1, 2025, a licensee who practices in a healthcare setting described in subdivision (b)(8)(B) shall submit proof satisfactory to the board that the licensee's healthcare setting meets the requirements of subdivision (b)(8)(B); and (ii) If a licensee who, prior to March 1, 2025, meets the requirements of subdivision (b)(8)(B), ceases to meet such requirements on or after March 1, 2025, then the licensee shall notify the board within thirty (30) days.
(i) Prior to March 1, 2025, a licensee who practices in a healthcare setting described in subdivision (b)(8)(B) shall submit proof satisfactory to the board that the licensee's healthcare setting meets the requirements of subdivision (b)(8)(B); and
(ii) If a licensee who, prior to March 1, 2025, meets the requirements of subdivision (b)(8)(B), ceases to meet such requirements on or after March 1, 2025, then the licensee shall notify the board within thirty (30) days.
(c) Upon issuing disciplinary action to a licensee, the board shall notify the board of medical examiners, board of osteopathic examination, or board of podiatry, as appropriate, of the disciplinary action and the licensee's primary collaborating physician of record.
(d) A disciplinary action issued by the board for a violation involving the prescribing, dispensing, or otherwise issuing of controlled substances by a physician assistant must also be approved by the board of medical examiners, and the board shall give notice to the appropriate licensing board of the primary collaborating physician of record.
Amended by 2024 Tenn. Acts, ch. 1042,s 4, eff. upon promulgation of rules governing the collaborative agreements of physician assistants with physicians; see T.C.A. § 63-19-106(h)(1).
Amended by 2021 Tenn. Acts, ch. 565, s 6, eff. 5/26/2021.
Acts 1985, ch. 376, § 1; T.C.A, § 63-19-210 ; Acts 1988, ch. 906, § 5; 1991, ch. 122, § 4; 1992, ch. 604, § 4.
Tenn. Code Ann. § 63-6-208 — TN Code / Title 63 / Chapter 6 / Section 63-6-208
Exemption for physician for visiting sports team
Status: in_force

(a) A physician who is duly qualified to practice medicine under the laws of another state is exempt from the licensure requirements of § 63-6-201 , subject to this section, if either of the following applies: (1) The physician has a written or oral agreement with a sports team to provide care to team members and coaching staff traveling with the team for a specific sporting event to take place in this state; or (2) The physician has been invited by a national sport governing body to provide services to athletes and coaching staff at a national sport training center in this state or to provide services to athletes and coaching staff at an event or competition in this state that is sanctioned by the national sport governing body. (b) The exemption provided by this section only applies while: (1) The physician's practice is limited to that required by the team or the national sport governing body; and (2) The services provided by the physician are within the physician's scope of practice. (c) The exemption provided by subsection (a) permits a physician to provide care or consultation to a person specified in subsection (a). Nothing in this section permits a physician exempt by this section to: (1) Provide care or consultation to any person residing in this state other than a person specified in subsection (a); or (2) Practice at a licensed healthcare facility in this state. (d) An exemption pursuant to subdivision (a)(1) is valid while the physician is traveling with the sports team, subject to the following: (1) The exemption shall not be longer than ten (10) days in duration for each respective sporting event without prior authorization from the board of medical examiners; (2) The board of medical examiners may grant an extension of not more than twenty (20) additional days per sporting event; and (3) No physician shall be exempt for more than thirty (30) total days in a calendar year. (e) An exemption pursuant to subdivision (a)(2) is valid during the time certified by the national sport governing body; however, no physician shall be exempt for more than thirty (30) total days in a calendar year. (f) No physician exempt pursuant to this section shall dispense or administer controlled substances unless: (1) The patient to whom the controlled substance is administered or dispensed is over eighteen (18) years of age and is a person described in subdivision (a)(1) or (a)(2); and (2) The physician reports all controlled substances dispensed or administered to any applicable state controlled substance database in the physician's state of licensure. (g) For purposes of this section, "sports team" means a professional, semi-professional, or amateur team including, but not limited to, a college, high school, grade school, or non-school affiliated team, such as those associated with the Amateur Athletic Union (AAU). (h) The board of medical examiners may enter into agreements with medical licensing boards of other states to implement this section. Agreements may include procedures for reporting potential medical license violations. (i) The board of medical examiners may promulgate rules to effectuate the purposes of this section. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Added by 2017 Tenn. Acts, ch. 329, s 2, eff. 1/1/2018.
(a) A physician who is duly qualified to practice medicine under the laws of another state is exempt from the licensure requirements of § 63-6-201 , subject to this section, if either of the following applies: (1) The physician has a written or oral agreement with a sports team to provide care to team members and coaching staff traveling with the team for a specific sporting event to take place in this state; or (2) The physician has been invited by a national sport governing body to provide services to athletes and coaching staff at a national sport training center in this state or to provide services to athletes and coaching staff at an event or competition in this state that is sanctioned by the national sport governing body.
(1) The physician has a written or oral agreement with a sports team to provide care to team members and coaching staff traveling with the team for a specific sporting event to take place in this state; or
(2) The physician has been invited by a national sport governing body to provide services to athletes and coaching staff at a national sport training center in this state or to provide services to athletes and coaching staff at an event or competition in this state that is sanctioned by the national sport governing body.
(b) The exemption provided by this section only applies while: (1) The physician's practice is limited to that required by the team or the national sport governing body; and (2) The services provided by the physician are within the physician's scope of practice.
(1) The physician's practice is limited to that required by the team or the national sport governing body; and
(2) The services provided by the physician are within the physician's scope of practice.
(c) The exemption provided by subsection (a) permits a physician to provide care or consultation to a person specified in subsection (a). Nothing in this section permits a physician exempt by this section to: (1) Provide care or consultation to any person residing in this state other than a person specified in subsection (a); or (2) Practice at a licensed healthcare facility in this state.
(1) Provide care or consultation to any person residing in this state other than a person specified in subsection (a); or
(2) Practice at a licensed healthcare facility in this state.
(d) An exemption pursuant to subdivision (a)(1) is valid while the physician is traveling with the sports team, subject to the following: (1) The exemption shall not be longer than ten (10) days in duration for each respective sporting event without prior authorization from the board of medical examiners; (2) The board of medical examiners may grant an extension of not more than twenty (20) additional days per sporting event; and (3) No physician shall be exempt for more than thirty (30) total days in a calendar year.
(1) The exemption shall not be longer than ten (10) days in duration for each respective sporting event without prior authorization from the board of medical examiners;
(2) The board of medical examiners may grant an extension of not more than twenty (20) additional days per sporting event; and
(3) No physician shall be exempt for more than thirty (30) total days in a calendar year.
(e) An exemption pursuant to subdivision (a)(2) is valid during the time certified by the national sport governing body; however, no physician shall be exempt for more than thirty (30) total days in a calendar year.
(f) No physician exempt pursuant to this section shall dispense or administer controlled substances unless: (1) The patient to whom the controlled substance is administered or dispensed is over eighteen (18) years of age and is a person described in subdivision (a)(1) or (a)(2); and (2) The physician reports all controlled substances dispensed or administered to any applicable state controlled substance database in the physician's state of licensure.
(1) The patient to whom the controlled substance is administered or dispensed is over eighteen (18) years of age and is a person described in subdivision (a)(1) or (a)(2); and
(2) The physician reports all controlled substances dispensed or administered to any applicable state controlled substance database in the physician's state of licensure.
(g) For purposes of this section, "sports team" means a professional, semi-professional, or amateur team including, but not limited to, a college, high school, grade school, or non-school affiliated team, such as those associated with the Amateur Athletic Union (AAU).
(h) The board of medical examiners may enter into agreements with medical licensing boards of other states to implement this section. Agreements may include procedures for reporting potential medical license violations.
(i) The board of medical examiners may promulgate rules to effectuate the purposes of this section. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Added by 2017 Tenn. Acts, ch. 329, s 2, eff. 1/1/2018.
Tenn. Code Ann. § 63-1-152 — TN Code / Title 63 / Chapter 1 / Section 63-1-152
Prescription of opioid antagonists - Receipt, storage and provision under standing order - Administration of opioid antagonists - Online education program - Immunity - Training of first responders - Evaluation at medical facility
Status: in_force

(a) As used in this section: (1) "Drug-related overdose" means an acute condition, including mania, hysteria, extreme physical illness, coma, unresponsiveness, decreased level of consciousness, respiratory depression, or death resulting from the consumption or use of a controlled substance, or another substance with which a controlled substance was combined, and that a layperson would reasonably believe to be a drug overdose that requires medical assistance; and (2) "Opioid antagonist" means a formulation of naloxone hydrochloride or another similarly acting and equally safe drug approved by the United States food and drug administration for the treatment of a drug-related overdose. (b) A licensed healthcare practitioner otherwise authorized to prescribe an opioid antagonist acting in good faith and exercising reasonable care may, directly or by standing order, prescribe an opioid antagonist to the following: (1) An individual at risk of experiencing a drug-related overdose; (2) A family member, friend, or other individual in a position to assist an individual at risk of experiencing a drug-related overdose; or (3) An organization, municipal or county entity, including, but not limited to, a center, recovery organization, hospital, school, harm reduction organization, homeless services organization, county jail, shelter, AIDS service organization, federally qualified health center, rural health clinic, health department, or treatment resource, for the purpose of providing an opioid antagonist to an individual who meets the criteria of subdivision (b)(1) or (b)(2). (c) Notwithstanding another law or rule, an individual or entity acting under a standing order may: (1) Receive and store an opioid antagonist; and (2) Provide the opioid antagonist, directly or indirectly, and at no cost to the recipient, to an individual described in subdivision (b)(1) or (b)(2). (d) An individual may administer an opioid antagonist to another individual if: (1) The individual has a good faith belief that the other individual is experiencing a drug-related overdose; and (2) The individual exercises reasonable care in administering the opioid antagonist to the other individual. (e) The commissioner of health or the commissioner's designee, in consultation with other state, federal, or local government personnel, including contractors, shall create and maintain an online education program with the goal of educating laypersons and the general public on the administration of opioid antagonists and appropriate techniques and follow-up procedures for dealing with a drug-related overdose. (f) The following individuals and entities are immune from civil liability in the absence of gross negligence or willful misconduct for actions authorized by this section: (1) A licensed healthcare practitioner who prescribes, dispenses, or issues a standing order for an opioid antagonist pursuant to subsection (b); (2) An individual or entity that provides an opioid antagonist pursuant to subsection (c); and (3) A licensed healthcare practitioner or other individual who administers an opioid antagonist pursuant to subsection (d). (g) A licensed healthcare practitioner is immune from disciplinary or adverse administrative action under this title in the absence of gross negligence or willful misconduct for an act or omission during the administration of, prescription of, issuance of a standing order for, or dispensing of an opioid antagonist. (h) The commissioner of health or the commissioner's designee shall make available recommendations for training of first responders, as defined in § 29-34-203 , in the appropriate use of opioid antagonists. The recommendations must include a provision concerning the appropriate supply of opioid antagonists to first responders to administer consistent with this section. (i) Notwithstanding another law or rule, a first responder acting under a standing order may receive and store an opioid antagonist and may provide an opioid antagonist to an individual described in subdivision (b)(1) or (b)(2). (j) Emergency medical services shall take an individual treated for a drug-related overdose with an opioid antagonist by a first responder to a medical facility for evaluation, unless the individual is competent to refuse medical treatment and chooses to refuse treatment. Amended by 2022 Tenn. Acts, ch. 749, s 1, eff. 7/1/2022. Amended by 2017 Tenn. Acts, ch. 484, s 2, eff. 7/1/2017. Amended by 2017 Tenn. Acts, ch. 484, s 1, eff. 7/1/2017. Amended by 2015 Tenn. Acts, ch. 396, s 5, eff. 7/1/2015. Added by 2014 Tenn. Acts, ch. 623, s 1, eff. 7/1/2014.
(a) As used in this section: (1) "Drug-related overdose" means an acute condition, including mania, hysteria, extreme physical illness, coma, unresponsiveness, decreased level of consciousness, respiratory depression, or death resulting from the consumption or use of a controlled substance, or another substance with which a controlled substance was combined, and that a layperson would reasonably believe to be a drug overdose that requires medical assistance; and (2) "Opioid antagonist" means a formulation of naloxone hydrochloride or another similarly acting and equally safe drug approved by the United States food and drug administration for the treatment of a drug-related overdose.
(1) "Drug-related overdose" means an acute condition, including mania, hysteria, extreme physical illness, coma, unresponsiveness, decreased level of consciousness, respiratory depression, or death resulting from the consumption or use of a controlled substance, or another substance with which a controlled substance was combined, and that a layperson would reasonably believe to be a drug overdose that requires medical assistance; and
(2) "Opioid antagonist" means a formulation of naloxone hydrochloride or another similarly acting and equally safe drug approved by the United States food and drug administration for the treatment of a drug-related overdose.
(b) A licensed healthcare practitioner otherwise authorized to prescribe an opioid antagonist acting in good faith and exercising reasonable care may, directly or by standing order, prescribe an opioid antagonist to the following: (1) An individual at risk of experiencing a drug-related overdose; (2) A family member, friend, or other individual in a position to assist an individual at risk of experiencing a drug-related overdose; or (3) An organization, municipal or county entity, including, but not limited to, a center, recovery organization, hospital, school, harm reduction organization, homeless services organization, county jail, shelter, AIDS service organization, federally qualified health center, rural health clinic, health department, or treatment resource, for the purpose of providing an opioid antagonist to an individual who meets the criteria of subdivision (b)(1) or (b)(2).
(1) An individual at risk of experiencing a drug-related overdose;
(2) A family member, friend, or other individual in a position to assist an individual at risk of experiencing a drug-related overdose; or
(3) An organization, municipal or county entity, including, but not limited to, a center, recovery organization, hospital, school, harm reduction organization, homeless services organization, county jail, shelter, AIDS service organization, federally qualified health center, rural health clinic, health department, or treatment resource, for the purpose of providing an opioid antagonist to an individual who meets the criteria of subdivision (b)(1) or (b)(2).
(c) Notwithstanding another law or rule, an individual or entity acting under a standing order may: (1) Receive and store an opioid antagonist; and (2) Provide the opioid antagonist, directly or indirectly, and at no cost to the recipient, to an individual described in subdivision (b)(1) or (b)(2).
(1) Receive and store an opioid antagonist; and
(2) Provide the opioid antagonist, directly or indirectly, and at no cost to the recipient, to an individual described in subdivision (b)(1) or (b)(2).
(d) An individual may administer an opioid antagonist to another individual if: (1) The individual has a good faith belief that the other individual is experiencing a drug-related overdose; and (2) The individual exercises reasonable care in administering the opioid antagonist to the other individual.
(1) The individual has a good faith belief that the other individual is experiencing a drug-related overdose; and
(2) The individual exercises reasonable care in administering the opioid antagonist to the other individual.
(e) The commissioner of health or the commissioner's designee, in consultation with other state, federal, or local government personnel, including contractors, shall create and maintain an online education program with the goal of educating laypersons and the general public on the administration of opioid antagonists and appropriate techniques and follow-up procedures for dealing with a drug-related overdose.
(f) The following individuals and entities are immune from civil liability in the absence of gross negligence or willful misconduct for actions authorized by this section: (1) A licensed healthcare practitioner who prescribes, dispenses, or issues a standing order for an opioid antagonist pursuant to subsection (b); (2) An individual or entity that provides an opioid antagonist pursuant to subsection (c); and (3) A licensed healthcare practitioner or other individual who administers an opioid antagonist pursuant to subsection (d).
(1) A licensed healthcare practitioner who prescribes, dispenses, or issues a standing order for an opioid antagonist pursuant to subsection (b);
(2) An individual or entity that provides an opioid antagonist pursuant to subsection (c); and
(3) A licensed healthcare practitioner or other individual who administers an opioid antagonist pursuant to subsection (d).
(g) A licensed healthcare practitioner is immune from disciplinary or adverse administrative action under this title in the absence of gross negligence or willful misconduct for an act or omission during the administration of, prescription of, issuance of a standing order for, or dispensing of an opioid antagonist.
(h) The commissioner of health or the commissioner's designee shall make available recommendations for training of first responders, as defined in § 29-34-203 , in the appropriate use of opioid antagonists. The recommendations must include a provision concerning the appropriate supply of opioid antagonists to first responders to administer consistent with this section.
(i) Notwithstanding another law or rule, a first responder acting under a standing order may receive and store an opioid antagonist and may provide an opioid antagonist to an individual described in subdivision (b)(1) or (b)(2).
(j) Emergency medical services shall take an individual treated for a drug-related overdose with an opioid antagonist by a first responder to a medical facility for evaluation, unless the individual is competent to refuse medical treatment and chooses to refuse treatment.
Amended by 2022 Tenn. Acts, ch. 749, s 1, eff. 7/1/2022.
Amended by 2017 Tenn. Acts, ch. 484, s 2, eff. 7/1/2017.
Amended by 2017 Tenn. Acts, ch. 484, s 1, eff. 7/1/2017.
Amended by 2015 Tenn. Acts, ch. 396, s 5, eff. 7/1/2015.
Added by 2014 Tenn. Acts, ch. 623, s 1, eff. 7/1/2014.
Tenn. Code Ann. § 63-1-315 — TN Code / Title 63 / Chapter 1 / Section 63-1-315
Inspection of office suspected of operating as unlicensed pain management clinic - Prohibited admission of new patients
Status: in_force

(a) Notwithstanding this title or title 68, for the purposes of determining if a health care provider's office is operating as a pain management clinic, the department of health is authorized to conduct an unannounced inspection process, which may include, but not be limited to, review of business and medical records, when the department has reasonable suspicion that the office is operating as an unlicensed pain management clinic. As part of this inspection process, the health care provider's office shall be required to produce evidence that the majority of its patient population is not receiving chronic nonmalignant pain treatment. (b) If the health care provider's office is unable during the inspection process to provide satisfactory evidence that the office does not meet the definition of a pain management clinic, there shall be a rebuttable presumption that the provider's office was operating as a pain management clinic in any administrative proceeding arising from such inspection process. (c) The requirements for evidence under this section shall be established by rule. (d) Any health care provider's office rebuttably presumed to be operating an unlicensed pain management clinic shall be prohibited from admitting any new patients to the practice immediately upon receipt of written notice to any provider at the clinic and all owners and providers at such clinic shall be subject to a hearing upon thirty (30) days' notice before the licensee's licensing board to consider whether the individual's license to practice should be revoked or otherwise disciplined. Pursuant to this part, the commissioner may promulgate rules providing for an informal advisory administrative hearing by a panel appointed by the commissioner to review the department's determination regarding the unlicensed operation of the clinic and to provide nonbinding recommendations to the commissioner concerning those determinations. The informal administrative hearing shall not be subject to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Individuals appointed to any panel pursuant to this part shall be considered "state employees" for purposes of title 8, chapter 42, and § 9-8-307 . Added by 2016 Tenn. Acts, ch. 1033,s 1, eff. 7/1/2017.
(a) Notwithstanding this title or title 68, for the purposes of determining if a health care provider's office is operating as a pain management clinic, the department of health is authorized to conduct an unannounced inspection process, which may include, but not be limited to, review of business and medical records, when the department has reasonable suspicion that the office is operating as an unlicensed pain management clinic. As part of this inspection process, the health care provider's office shall be required to produce evidence that the majority of its patient population is not receiving chronic nonmalignant pain treatment.
(b) If the health care provider's office is unable during the inspection process to provide satisfactory evidence that the office does not meet the definition of a pain management clinic, there shall be a rebuttable presumption that the provider's office was operating as a pain management clinic in any administrative proceeding arising from such inspection process.
(c) The requirements for evidence under this section shall be established by rule.
(d) Any health care provider's office rebuttably presumed to be operating an unlicensed pain management clinic shall be prohibited from admitting any new patients to the practice immediately upon receipt of written notice to any provider at the clinic and all owners and providers at such clinic shall be subject to a hearing upon thirty (30) days' notice before the licensee's licensing board to consider whether the individual's license to practice should be revoked or otherwise disciplined. Pursuant to this part, the commissioner may promulgate rules providing for an informal advisory administrative hearing by a panel appointed by the commissioner to review the department's determination regarding the unlicensed operation of the clinic and to provide nonbinding recommendations to the commissioner concerning those determinations. The informal administrative hearing shall not be subject to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Individuals appointed to any panel pursuant to this part shall be considered "state employees" for purposes of title 8, chapter 42, and § 9-8-307 .
Added by 2016 Tenn. Acts, ch. 1033,s 1, eff. 7/1/2017.
Tenn. Code Ann. § 63-6-709 — TN Code / Title 63 / Chapter 6 / Section 63-6-709
Liability of volunteer crisis response team member - Applicability
Status: in_force

(a) (1) "Crisis intervention" means a session at which crisis response services are rendered by a critical incident stress management team member during or after a crisis or disaster. (2) "Crisis response services" means consultation, risk assessment, referral and crisis intervention services provided by a critical incident stress management team to individuals affected by crisis or disaster. (3) "Critical incident stress management team member," referred to also as "team member," means an individual specially trained to provide crisis response services as a member of an organized community or local crisis response team that holds membership in a registered critical incident stress management team. (4) "Registered team" means a team formally registered with a recognized training agency. For the purposes of this section, a recognized training agency shall include the International Critical Incident Stress Foundation, the National Organization for Victim Assistance, the National Red Cross, the Tennessee Public Safety Network and other such organizations. (5) "Training session" means a session providing crisis response training by a qualified, trained trainer utilizing the standards established by the accrediting agencies set out in subdivision (a)(4). (6) "Volunteer" means a person who serves and receives no remuneration for services except reimbursement for actual expenses. (b) (1) Any volunteer crisis response team member who participates in a crisis intervention shall not be liable in tort for any personal injuries or infliction of emotional distress of any participant to the crisis intervention that is caused by the act or an omission of a crisis response team member during the course of a crisis intervention. (2) Subdivision (b)(1) shall not apply unless the intervention or training is conducted within generally accepted protocols of a registered team as defined by a nationally recognized accrediting agency. (c) The tort immunity in subsection (b) does not apply if: (1) The team member acted with actual malice or willful intent to injure the subject; (2) The team member acted outside the scope of assigned duties; (3) The team member acted without team coordination and dispatch; (4) The action involved the commission of a crime; (5) The action involved sexual harassment, sexual or physical abuse; (6) The actions involved any form of moral turpitude or moral misconduct within the normally accepted community standards; or (7) If damages resulted from gross negligence of the team member. Acts 2008 , ch. 921, § 1.
(a) (1) "Crisis intervention" means a session at which crisis response services are rendered by a critical incident stress management team member during or after a crisis or disaster. (2) "Crisis response services" means consultation, risk assessment, referral and crisis intervention services provided by a critical incident stress management team to individuals affected by crisis or disaster. (3) "Critical incident stress management team member," referred to also as "team member," means an individual specially trained to provide crisis response services as a member of an organized community or local crisis response team that holds membership in a registered critical incident stress management team. (4) "Registered team" means a team formally registered with a recognized training agency. For the purposes of this section, a recognized training agency shall include the International Critical Incident Stress Foundation, the National Organization for Victim Assistance, the National Red Cross, the Tennessee Public Safety Network and other such organizations. (5) "Training session" means a session providing crisis response training by a qualified, trained trainer utilizing the standards established by the accrediting agencies set out in subdivision (a)(4). (6) "Volunteer" means a person who serves and receives no remuneration for services except reimbursement for actual expenses.
(1) "Crisis intervention" means a session at which crisis response services are rendered by a critical incident stress management team member during or after a crisis or disaster.
(2) "Crisis response services" means consultation, risk assessment, referral and crisis intervention services provided by a critical incident stress management team to individuals affected by crisis or disaster.
(3) "Critical incident stress management team member," referred to also as "team member," means an individual specially trained to provide crisis response services as a member of an organized community or local crisis response team that holds membership in a registered critical incident stress management team.
(4) "Registered team" means a team formally registered with a recognized training agency. For the purposes of this section, a recognized training agency shall include the International Critical Incident Stress Foundation, the National Organization for Victim Assistance, the National Red Cross, the Tennessee Public Safety Network and other such organizations.
(5) "Training session" means a session providing crisis response training by a qualified, trained trainer utilizing the standards established by the accrediting agencies set out in subdivision (a)(4).
(6) "Volunteer" means a person who serves and receives no remuneration for services except reimbursement for actual expenses.
(b) (1) Any volunteer crisis response team member who participates in a crisis intervention shall not be liable in tort for any personal injuries or infliction of emotional distress of any participant to the crisis intervention that is caused by the act or an omission of a crisis response team member during the course of a crisis intervention. (2) Subdivision (b)(1) shall not apply unless the intervention or training is conducted within generally accepted protocols of a registered team as defined by a nationally recognized accrediting agency.
(1) Any volunteer crisis response team member who participates in a crisis intervention shall not be liable in tort for any personal injuries or infliction of emotional distress of any participant to the crisis intervention that is caused by the act or an omission of a crisis response team member during the course of a crisis intervention.
(2) Subdivision (b)(1) shall not apply unless the intervention or training is conducted within generally accepted protocols of a registered team as defined by a nationally recognized accrediting agency.
(c) The tort immunity in subsection (b) does not apply if: (1) The team member acted with actual malice or willful intent to injure the subject; (2) The team member acted outside the scope of assigned duties; (3) The team member acted without team coordination and dispatch; (4) The action involved the commission of a crime; (5) The action involved sexual harassment, sexual or physical abuse; (6) The actions involved any form of moral turpitude or moral misconduct within the normally accepted community standards; or (7) If damages resulted from gross negligence of the team member.
(1) The team member acted with actual malice or willful intent to injure the subject;
(2) The team member acted outside the scope of assigned duties;
(3) The team member acted without team coordination and dispatch;
(4) The action involved the commission of a crime;
(5) The action involved sexual harassment, sexual or physical abuse;
(6) The actions involved any form of moral turpitude or moral misconduct within the normally accepted community standards; or
(7) If damages resulted from gross negligence of the team member.
Acts 2008 , ch. 921, § 1.
Tenn. Code Ann. § 63-17-207 — TN Code / Title 63 / Chapter 17 / Section 63-17-207
Preliminary application requirements - Fees
Status: in_force

(a) An applicant for a license shall: (1) Be at least eighteen (18) years of age; and (2) Have an education equivalent to two (2) years of accredited college level coursework or national board for certification in hearing instrument sciences (NBC-HIS) board certification. (b) Such applicant shall pay a nonrefundable application fee as set by the council no later than forty-five (45) days in advance of the next scheduled examination. Amended by 2019 Tenn. Acts, ch. 323, s 1, eff. 5/8/2019. Acts 1995, ch. 481, § 9.
(a) An applicant for a license shall: (1) Be at least eighteen (18) years of age; and (2) Have an education equivalent to two (2) years of accredited college level coursework or national board for certification in hearing instrument sciences (NBC-HIS) board certification.
(1) Be at least eighteen (18) years of age; and
(2) Have an education equivalent to two (2) years of accredited college level coursework or national board for certification in hearing instrument sciences (NBC-HIS) board certification.
(b) Such applicant shall pay a nonrefundable application fee as set by the council no later than forty-five (45) days in advance of the next scheduled examination.
Amended by 2019 Tenn. Acts, ch. 323, s 1, eff. 5/8/2019.
Acts 1995, ch. 481, § 9.
Tenn. Code Ann. § 63-6-224 — TN Code / Title 63 / Chapter 6 / Section 63-6-224
Board authority on x-ray equipment - Certificates and accreditations - Requirements to perform x-ray procedures - Limitations
Status: in_force

(a) The board has, in regard to operators of X-ray equipment and machines in physician offices, the authority by rule to: (1) Establish and issue limited X-ray certifications to qualified individuals in the areas of densitometry, chest, extremities, skull, sinus, and spine; (2) Establish and issue full X-ray certifications to individuals who hold current and unrestricted national certification from the American Registry of Radiologic Technologists or another equivalent nationally recognized radiologic organization recognized by the board; (3) Establish the minimum educational courses, curricula, hours, and standards that are prerequisite to the issuance of the limited certificates; (4) Select at least one (1) examination to be utilized as the board's limited certification examination and the prerequisites, if any, for admission to the examination. The board may enter into a contract or agreement with the chosen examination service or select an intermediary between the board and the examination service to process applicants for the examination; (5) Establish other criteria for issuance of limited certificates that are reasonably related to the safe and competent performance of X-ray procedures; (6) Establish a mechanism for board accreditation of educational courses that are operating for purposes of qualifying individuals for limited certification, that meet the requirements established pursuant to the rules promulgated under the authority of subdivision (a)(3), and that establish the causes and standards that are grounds for withdrawal of the course accreditation and the mechanism for such withdrawal; (7) Establish the fees to be paid for application, certification, renewal, and late renewal of certificates and the fees required to be paid for application, renewal, and late renewal of educational course accreditation; and (8) Establish the required number of hours, types of courses, and method of proving compliance for biennial continuing education for all certificate holders. (b) The certificates and accreditations issued pursuant to this section must be renewed and may be retired and reactivated pursuant to procedures established by the board. A person holding a certificate issued pursuant to this section may be disciplined for the same causes and under the same procedures as contained in § 63-6-214 for the board of medical examiners and § 63-9-111 for the board of osteopathic examination. (c) The standards established by the board pursuant to subsection (a) must be at least as stringent as any mandatory federal standards. (d) (1) A person shall not perform an X-ray procedure in a physician's office without being licensed as a physician or certified by the board pursuant to this section. (2) Notwithstanding subdivision (d)(1): (A) A person who has enrolled in a board-recognized radiologic training program is exempt from the certification requirements of this section only as to X-ray procedures performed within or under the auspices of the program in which the person is enrolled; (B) A person who has successfully completed a board-recognized training program is exempt from the certification requirements of this section while awaiting the first opportunity to sit for the certification examination, but only for a period not to exceed six (6) months after the date of completion of the program; and (C) A person who has taken the certification examination is exempt from the certification requirements of this section while awaiting the scores of the certification examination, but only for a period not to exceed seventy-five (75) days after the date of the examination. (e) A person who holds a certificate issued pursuant to this section shall not perform X-ray procedures without: (1) An order from a physician licensed pursuant to this chapter or an osteopathic physician licensed pursuant to chapter 9 of this title; and (2) A physician licensed pursuant to this chapter or an osteopathic physician licensed pursuant to chapter 9 of this title exercising full supervision, responsibility, and control over the services being provided. The board is authorized to establish by rule the level of supervision required of physicians utilizing persons certified pursuant to this section. (f) A person shall not operate a business in this state in which X-ray procedures contemplated by this section are performed if the business is not owned by a physician, group of physicians, medical professional corporation, limited liability medical professional company, or an entity or facility licensed by the health facilities commission. (g) As used in this section, "physician's office" means anywhere the practice of medicine as defined in § 63-6-204 , or the practice of osteopathic medicine as defined in § 63-9-106 , which includes the performance of X-ray procedures contemplated by this section, is being conducted, except where that practice is conducted in or under the auspices of a facility or entity licensed by the health facilities commission. Added by 2023 Tenn. Acts, ch. 325, s 4, eff. 4/28/2023.
(a) The board has, in regard to operators of X-ray equipment and machines in physician offices, the authority by rule to: (1) Establish and issue limited X-ray certifications to qualified individuals in the areas of densitometry, chest, extremities, skull, sinus, and spine; (2) Establish and issue full X-ray certifications to individuals who hold current and unrestricted national certification from the American Registry of Radiologic Technologists or another equivalent nationally recognized radiologic organization recognized by the board; (3) Establish the minimum educational courses, curricula, hours, and standards that are prerequisite to the issuance of the limited certificates; (4) Select at least one (1) examination to be utilized as the board's limited certification examination and the prerequisites, if any, for admission to the examination. The board may enter into a contract or agreement with the chosen examination service or select an intermediary between the board and the examination service to process applicants for the examination; (5) Establish other criteria for issuance of limited certificates that are reasonably related to the safe and competent performance of X-ray procedures; (6) Establish a mechanism for board accreditation of educational courses that are operating for purposes of qualifying individuals for limited certification, that meet the requirements established pursuant to the rules promulgated under the authority of subdivision (a)(3), and that establish the causes and standards that are grounds for withdrawal of the course accreditation and the mechanism for such withdrawal; (7) Establish the fees to be paid for application, certification, renewal, and late renewal of certificates and the fees required to be paid for application, renewal, and late renewal of educational course accreditation; and (8) Establish the required number of hours, types of courses, and method of proving compliance for biennial continuing education for all certificate holders.
(1) Establish and issue limited X-ray certifications to qualified individuals in the areas of densitometry, chest, extremities, skull, sinus, and spine;
(2) Establish and issue full X-ray certifications to individuals who hold current and unrestricted national certification from the American Registry of Radiologic Technologists or another equivalent nationally recognized radiologic organization recognized by the board;
(3) Establish the minimum educational courses, curricula, hours, and standards that are prerequisite to the issuance of the limited certificates;
(4) Select at least one (1) examination to be utilized as the board's limited certification examination and the prerequisites, if any, for admission to the examination. The board may enter into a contract or agreement with the chosen examination service or select an intermediary between the board and the examination service to process applicants for the examination;
(5) Establish other criteria for issuance of limited certificates that are reasonably related to the safe and competent performance of X-ray procedures;
(6) Establish a mechanism for board accreditation of educational courses that are operating for purposes of qualifying individuals for limited certification, that meet the requirements established pursuant to the rules promulgated under the authority of subdivision (a)(3), and that establish the causes and standards that are grounds for withdrawal of the course accreditation and the mechanism for such withdrawal;
(7) Establish the fees to be paid for application, certification, renewal, and late renewal of certificates and the fees required to be paid for application, renewal, and late renewal of educational course accreditation; and
(8) Establish the required number of hours, types of courses, and method of proving compliance for biennial continuing education for all certificate holders.
(b) The certificates and accreditations issued pursuant to this section must be renewed and may be retired and reactivated pursuant to procedures established by the board. A person holding a certificate issued pursuant to this section may be disciplined for the same causes and under the same procedures as contained in § 63-6-214 for the board of medical examiners and § 63-9-111 for the board of osteopathic examination.
(c) The standards established by the board pursuant to subsection (a) must be at least as stringent as any mandatory federal standards.
(d) (1) A person shall not perform an X-ray procedure in a physician's office without being licensed as a physician or certified by the board pursuant to this section. (2) Notwithstanding subdivision (d)(1): (A) A person who has enrolled in a board-recognized radiologic training program is exempt from the certification requirements of this section only as to X-ray procedures performed within or under the auspices of the program in which the person is enrolled; (B) A person who has successfully completed a board-recognized training program is exempt from the certification requirements of this section while awaiting the first opportunity to sit for the certification examination, but only for a period not to exceed six (6) months after the date of completion of the program; and (C) A person who has taken the certification examination is exempt from the certification requirements of this section while awaiting the scores of the certification examination, but only for a period not to exceed seventy-five (75) days after the date of the examination.
(1) A person shall not perform an X-ray procedure in a physician's office without being licensed as a physician or certified by the board pursuant to this section.
(2) Notwithstanding subdivision (d)(1): (A) A person who has enrolled in a board-recognized radiologic training program is exempt from the certification requirements of this section only as to X-ray procedures performed within or under the auspices of the program in which the person is enrolled; (B) A person who has successfully completed a board-recognized training program is exempt from the certification requirements of this section while awaiting the first opportunity to sit for the certification examination, but only for a period not to exceed six (6) months after the date of completion of the program; and (C) A person who has taken the certification examination is exempt from the certification requirements of this section while awaiting the scores of the certification examination, but only for a period not to exceed seventy-five (75) days after the date of the examination.
(A) A person who has enrolled in a board-recognized radiologic training program is exempt from the certification requirements of this section only as to X-ray procedures performed within or under the auspices of the program in which the person is enrolled;
(B) A person who has successfully completed a board-recognized training program is exempt from the certification requirements of this section while awaiting the first opportunity to sit for the certification examination, but only for a period not to exceed six (6) months after the date of completion of the program; and
(C) A person who has taken the certification examination is exempt from the certification requirements of this section while awaiting the scores of the certification examination, but only for a period not to exceed seventy-five (75) days after the date of the examination.
(e) A person who holds a certificate issued pursuant to this section shall not perform X-ray procedures without: (1) An order from a physician licensed pursuant to this chapter or an osteopathic physician licensed pursuant to chapter 9 of this title; and (2) A physician licensed pursuant to this chapter or an osteopathic physician licensed pursuant to chapter 9 of this title exercising full supervision, responsibility, and control over the services being provided. The board is authorized to establish by rule the level of supervision required of physicians utilizing persons certified pursuant to this section.
(1) An order from a physician licensed pursuant to this chapter or an osteopathic physician licensed pursuant to chapter 9 of this title; and
(2) A physician licensed pursuant to this chapter or an osteopathic physician licensed pursuant to chapter 9 of this title exercising full supervision, responsibility, and control over the services being provided. The board is authorized to establish by rule the level of supervision required of physicians utilizing persons certified pursuant to this section.
(f) A person shall not operate a business in this state in which X-ray procedures contemplated by this section are performed if the business is not owned by a physician, group of physicians, medical professional corporation, limited liability medical professional company, or an entity or facility licensed by the health facilities commission.
(g) As used in this section, "physician's office" means anywhere the practice of medicine as defined in § 63-6-204 , or the practice of osteopathic medicine as defined in § 63-9-106 , which includes the performance of X-ray procedures contemplated by this section, is being conducted, except where that practice is conducted in or under the auspices of a facility or entity licensed by the health facilities commission.
Added by 2023 Tenn. Acts, ch. 325, s 4, eff. 4/28/2023.
Tenn. Code Ann. § 63-2-101 — TN Code / Title 63 / Chapter 2 / Section 63-2-101
Release of medical records - Definitions
Status: in_force

(a) (1) Notwithstanding another law to the contrary, a health care provider shall provide to a patient or a patient's authorized representative a copy of such patient's medical records within ten (10) working days of receipt of a written request by the patient or the patient's authorized representative. The health care provider may provide a summary of such patient's medical records, at the option of the health care provider, but the provision of a summary does not satisfy the patient's or representative's right to receive, or serve as a substitute for, a full medical record under this subdivision (a)(1). (2) If a provider fails to comply with subdivision (a)(1), proper notice shall be given to the provider's licensing board or boards, and the provider may be subject to disciplinary actions that include sanctions and a monetary fine. (b) (1) (A) Except as otherwise provided by law, such patient's medical records shall not constitute public records, and nothing contained in this part shall be deemed to impair any privilege of confidentiality conferred by law on patients, their personal representatives or heirs. Nothing in this subsection (b) shall impair or abridge the right of the patient or the patient's authorized representative to obtain copies of the patient's hospital records in the manner provided in § 68-11-304 . Nothing in this subsection (b) shall be construed as prohibiting a patient's medical records from being subpoenaed by a court of competent jurisdiction. (B) As used in subdivision (b)(1)(A), "medical records" includes any list of patients that is compiled or maintained by or for such patient's health care provider. (2) Except for any statutorily required reporting to health or government authorities and except for access by an interested third-party payer or their designee for the purpose of utilization review, case management, peer reviews or other administrative functions, the name and address and other identifying information of a patient shall not be divulged. The name and address and other identifying information shall not be sold for any purpose. Any violation of this subdivision (b)(2) shall be an invasion of the patient's right to privacy. (3) Except as otherwise authorized in this section, title 38, chapter 7, part 1, title 68, chapter 11, part 3 and title 68, chapter 11, part 15, a health care provider shall have in place a policy to protect the dignity of a patient, even if the patient dies or becomes incapacitated, by limiting the use and disclosure of medical records, images, videos or pictures intended to be used for appropriate medical educational purposes, even if the patient's information is de-identified. The policy shall include when and to whom it is appropriate to use and disclose the patient's information, and when a written authorization from the patient or their authorized representative is required, whenever it is reasonably possible to obtain it, prior to use or disclosure. If the patient becomes incapacitated or dies, and there is no legal representative for the patient, the patient's next of kin will be considered to be an authorized representative for the patient. When required the written authorization will include the core elements required by 45 CFR Parts 160 and 164, "Standards for Privacy of Individually Identifiable Health Information." (c) As used in this chapter: (1) "De-identified" means there is no reasonable basis to believe that the information can be used to identify an individual and there is compliance with the requirements for de-identification outlined in 45 CFR Part 164, § 164.514 "Other requirements relating to uses and disclosures of protected health information"; (2) "Health care provider" means any person required to be licensed under this title; (3) "Incapacitated" means that a patient is in a physical or mental condition such that the patient is incapable of granting or denying informed consent; and (4) "Medical records" means all medical histories, records, reports and summaries, diagnoses, prognoses, records of treatment and medication ordered and given, X-ray and radiology interpretations, physical therapy charts and notes and lab reports. (d) Nothing in this chapter shall be construed to prevent a true, correct and complete copy of the medical records from being subject to a subpoena duces tecum. (e) To further the effectiveness of the immunization program of the department of health, a physician or any third party payor or health insurance entity regulated by the department of commerce and insurance doing business in Tennessee, or any entity that has elected, organized and qualified as a self-insured entity that provides information to the department regarding a child's immunization status for any of the following purposes shall not be subject to liability or cause of action or a claim of any nature, including any licensing board disciplinary action, arising solely from the disclosure of information concerning such child's immunization status: (1) Compliance with the laws regarding child care and school attendance; (2) Ensuring that a child receives such immunization as is medically appropriate or assisting in efforts to ensure a child is appropriately immunized; (3) Providing immunization information to the immunization registry maintained by the department; (4) Insuring compliance with the Families First Act, compiled in title 71, chapter 3, part 1; or (5) Providing information that will allow the department to determine immunization levels in Tennessee. (f) All information received by the department pursuant to this part from any source shall be confidential and unavailable to the public. Contact of a parent or guardian of a child by the department regarding the child's immunization status as the result of the department's contact with the physician shall not be held to be a breach of confidentiality by the reporting physician. (g) The names of all children shall be included on the immunization registry established by title 37, chapter 10, part 4, unless such child's custodial parent or guardian objects to the inclusion of the child's name on the immunization registry to the department. The department shall notify the child's custodial parent or guardian in writing within six (6) months of the child's birth that inclusion on the immunization registry is not mandatory. Upon such written or oral request of exclusion by the child's custodial parent or guardian, the department shall either remove the child's name from the immunization registry or refrain from adding the child's name to the immunization registry and confirm in writing to the child's custodial parent or guardian that the child's name has been excluded from the immunization registry. (h) Notwithstanding this part or any other law to the contrary, it shall not be unlawful to disclose, nor shall there be any liability for disclosing, medical information in response to a subpoena, court order or request authorized by state or federal law. (i) Providers, as defined in § 71-5-2503 , shall make available for inspection and copying to the office of inspector general and the medicaid fraud control unit, upon request, no later than by the close of business on the next business day, a complete set of all medical records requested in connection with an investigation being pursued by the agency or shall provide a compelling reason why the requested records cannot be produced; provided, that no such records shall be removed from the grounds of the provider's office without the provider's consent, unless the office of inspector general or the medicaid fraud control unit reasonably believes that the requested documents are about to be altered or destroyed. (j) On request of a provider, a duly authorized agent of the requesting agency shall sign a document acknowledging receipt of records produced pursuant to this section. On request of a duly authorized agent of the requesting agency, a duly authorized agent of the provider shall sign a document acknowledging the return of specific records to the provider. (k) No person or entity shall be subject to any civil or criminal liability for releasing patient information in response to a request from the office of inspector general or the medicaid fraud control unit. Amended by 2024 Tenn. Acts, ch. 831,s 2, eff. 7/1/2024. Acts 1990, ch. 1067, § 1; 1996, ch. 862, §§ 1, 2; 1996, ch. 881, §2; 1997 , ch. 420, §§1, 2; 1999, ch. 386, §1; 2003 , ch. 40, § 1; 2005, ch. 113, §1; 2005, ch. 474, §12; 2010 , ch. 862, §§ 2, 3.
(a) (1) Notwithstanding another law to the contrary, a health care provider shall provide to a patient or a patient's authorized representative a copy of such patient's medical records within ten (10) working days of receipt of a written request by the patient or the patient's authorized representative. The health care provider may provide a summary of such patient's medical records, at the option of the health care provider, but the provision of a summary does not satisfy the patient's or representative's right to receive, or serve as a substitute for, a full medical record under this subdivision (a)(1). (2) If a provider fails to comply with subdivision (a)(1), proper notice shall be given to the provider's licensing board or boards, and the provider may be subject to disciplinary actions that include sanctions and a monetary fine.
(1) Notwithstanding another law to the contrary, a health care provider shall provide to a patient or a patient's authorized representative a copy of such patient's medical records within ten (10) working days of receipt of a written request by the patient or the patient's authorized representative. The health care provider may provide a summary of such patient's medical records, at the option of the health care provider, but the provision of a summary does not satisfy the patient's or representative's right to receive, or serve as a substitute for, a full medical record under this subdivision (a)(1).
(2) If a provider fails to comply with subdivision (a)(1), proper notice shall be given to the provider's licensing board or boards, and the provider may be subject to disciplinary actions that include sanctions and a monetary fine.
(b) (1) (A) Except as otherwise provided by law, such patient's medical records shall not constitute public records, and nothing contained in this part shall be deemed to impair any privilege of confidentiality conferred by law on patients, their personal representatives or heirs. Nothing in this subsection (b) shall impair or abridge the right of the patient or the patient's authorized representative to obtain copies of the patient's hospital records in the manner provided in § 68-11-304 . Nothing in this subsection (b) shall be construed as prohibiting a patient's medical records from being subpoenaed by a court of competent jurisdiction. (B) As used in subdivision (b)(1)(A), "medical records" includes any list of patients that is compiled or maintained by or for such patient's health care provider. (2) Except for any statutorily required reporting to health or government authorities and except for access by an interested third-party payer or their designee for the purpose of utilization review, case management, peer reviews or other administrative functions, the name and address and other identifying information of a patient shall not be divulged. The name and address and other identifying information shall not be sold for any purpose. Any violation of this subdivision (b)(2) shall be an invasion of the patient's right to privacy. (3) Except as otherwise authorized in this section, title 38, chapter 7, part 1, title 68, chapter 11, part 3 and title 68, chapter 11, part 15, a health care provider shall have in place a policy to protect the dignity of a patient, even if the patient dies or becomes incapacitated, by limiting the use and disclosure of medical records, images, videos or pictures intended to be used for appropriate medical educational purposes, even if the patient's information is de-identified. The policy shall include when and to whom it is appropriate to use and disclose the patient's information, and when a written authorization from the patient or their authorized representative is required, whenever it is reasonably possible to obtain it, prior to use or disclosure. If the patient becomes incapacitated or dies, and there is no legal representative for the patient, the patient's next of kin will be considered to be an authorized representative for the patient. When required the written authorization will include the core elements required by 45 CFR Parts 160 and 164, "Standards for Privacy of Individually Identifiable Health Information."
(1) (A) Except as otherwise provided by law, such patient's medical records shall not constitute public records, and nothing contained in this part shall be deemed to impair any privilege of confidentiality conferred by law on patients, their personal representatives or heirs. Nothing in this subsection (b) shall impair or abridge the right of the patient or the patient's authorized representative to obtain copies of the patient's hospital records in the manner provided in § 68-11-304 . Nothing in this subsection (b) shall be construed as prohibiting a patient's medical records from being subpoenaed by a court of competent jurisdiction. (B) As used in subdivision (b)(1)(A), "medical records" includes any list of patients that is compiled or maintained by or for such patient's health care provider.
(A) Except as otherwise provided by law, such patient's medical records shall not constitute public records, and nothing contained in this part shall be deemed to impair any privilege of confidentiality conferred by law on patients, their personal representatives or heirs. Nothing in this subsection (b) shall impair or abridge the right of the patient or the patient's authorized representative to obtain copies of the patient's hospital records in the manner provided in § 68-11-304 . Nothing in this subsection (b) shall be construed as prohibiting a patient's medical records from being subpoenaed by a court of competent jurisdiction.
(B) As used in subdivision (b)(1)(A), "medical records" includes any list of patients that is compiled or maintained by or for such patient's health care provider.
(2) Except for any statutorily required reporting to health or government authorities and except for access by an interested third-party payer or their designee for the purpose of utilization review, case management, peer reviews or other administrative functions, the name and address and other identifying information of a patient shall not be divulged. The name and address and other identifying information shall not be sold for any purpose. Any violation of this subdivision (b)(2) shall be an invasion of the patient's right to privacy.
(3) Except as otherwise authorized in this section, title 38, chapter 7, part 1, title 68, chapter 11, part 3 and title 68, chapter 11, part 15, a health care provider shall have in place a policy to protect the dignity of a patient, even if the patient dies or becomes incapacitated, by limiting the use and disclosure of medical records, images, videos or pictures intended to be used for appropriate medical educational purposes, even if the patient's information is de-identified. The policy shall include when and to whom it is appropriate to use and disclose the patient's information, and when a written authorization from the patient or their authorized representative is required, whenever it is reasonably possible to obtain it, prior to use or disclosure. If the patient becomes incapacitated or dies, and there is no legal representative for the patient, the patient's next of kin will be considered to be an authorized representative for the patient. When required the written authorization will include the core elements required by 45 CFR Parts 160 and 164, "Standards for Privacy of Individually Identifiable Health Information."
(c) As used in this chapter: (1) "De-identified" means there is no reasonable basis to believe that the information can be used to identify an individual and there is compliance with the requirements for de-identification outlined in 45 CFR Part 164, § 164.514 "Other requirements relating to uses and disclosures of protected health information"; (2) "Health care provider" means any person required to be licensed under this title; (3) "Incapacitated" means that a patient is in a physical or mental condition such that the patient is incapable of granting or denying informed consent; and (4) "Medical records" means all medical histories, records, reports and summaries, diagnoses, prognoses, records of treatment and medication ordered and given, X-ray and radiology interpretations, physical therapy charts and notes and lab reports.
(1) "De-identified" means there is no reasonable basis to believe that the information can be used to identify an individual and there is compliance with the requirements for de-identification outlined in 45 CFR Part 164, § 164.514 "Other requirements relating to uses and disclosures of protected health information";
(2) "Health care provider" means any person required to be licensed under this title;
(3) "Incapacitated" means that a patient is in a physical or mental condition such that the patient is incapable of granting or denying informed consent; and
(4) "Medical records" means all medical histories, records, reports and summaries, diagnoses, prognoses, records of treatment and medication ordered and given, X-ray and radiology interpretations, physical therapy charts and notes and lab reports.
(d) Nothing in this chapter shall be construed to prevent a true, correct and complete copy of the medical records from being subject to a subpoena duces tecum.
(e) To further the effectiveness of the immunization program of the department of health, a physician or any third party payor or health insurance entity regulated by the department of commerce and insurance doing business in Tennessee, or any entity that has elected, organized and qualified as a self-insured entity that provides information to the department regarding a child's immunization status for any of the following purposes shall not be subject to liability or cause of action or a claim of any nature, including any licensing board disciplinary action, arising solely from the disclosure of information concerning such child's immunization status: (1) Compliance with the laws regarding child care and school attendance; (2) Ensuring that a child receives such immunization as is medically appropriate or assisting in efforts to ensure a child is appropriately immunized; (3) Providing immunization information to the immunization registry maintained by the department; (4) Insuring compliance with the Families First Act, compiled in title 71, chapter 3, part 1; or (5) Providing information that will allow the department to determine immunization levels in Tennessee.
(1) Compliance with the laws regarding child care and school attendance;
(2) Ensuring that a child receives such immunization as is medically appropriate or assisting in efforts to ensure a child is appropriately immunized;
(3) Providing immunization information to the immunization registry maintained by the department;
(4) Insuring compliance with the Families First Act, compiled in title 71, chapter 3, part 1; or
(5) Providing information that will allow the department to determine immunization levels in Tennessee.
(f) All information received by the department pursuant to this part from any source shall be confidential and unavailable to the public. Contact of a parent or guardian of a child by the department regarding the child's immunization status as the result of the department's contact with the physician shall not be held to be a breach of confidentiality by the reporting physician.
(g) The names of all children shall be included on the immunization registry established by title 37, chapter 10, part 4, unless such child's custodial parent or guardian objects to the inclusion of the child's name on the immunization registry to the department. The department shall notify the child's custodial parent or guardian in writing within six (6) months of the child's birth that inclusion on the immunization registry is not mandatory. Upon such written or oral request of exclusion by the child's custodial parent or guardian, the department shall either remove the child's name from the immunization registry or refrain from adding the child's name to the immunization registry and confirm in writing to the child's custodial parent or guardian that the child's name has been excluded from the immunization registry.
(h) Notwithstanding this part or any other law to the contrary, it shall not be unlawful to disclose, nor shall there be any liability for disclosing, medical information in response to a subpoena, court order or request authorized by state or federal law.
(i) Providers, as defined in § 71-5-2503 , shall make available for inspection and copying to the office of inspector general and the medicaid fraud control unit, upon request, no later than by the close of business on the next business day, a complete set of all medical records requested in connection with an investigation being pursued by the agency or shall provide a compelling reason why the requested records cannot be produced; provided, that no such records shall be removed from the grounds of the provider's office without the provider's consent, unless the office of inspector general or the medicaid fraud control unit reasonably believes that the requested documents are about to be altered or destroyed.
(j) On request of a provider, a duly authorized agent of the requesting agency shall sign a document acknowledging receipt of records produced pursuant to this section. On request of a duly authorized agent of the requesting agency, a duly authorized agent of the provider shall sign a document acknowledging the return of specific records to the provider.
(k) No person or entity shall be subject to any civil or criminal liability for releasing patient information in response to a request from the office of inspector general or the medicaid fraud control unit.
Amended by 2024 Tenn. Acts, ch. 831,s 2, eff. 7/1/2024.
Acts 1990, ch. 1067, § 1; 1996, ch. 862, §§ 1, 2; 1996, ch. 881, §2; 1997 , ch. 420, §§1, 2; 1999, ch. 386, §1; 2003 , ch. 40, § 1; 2005, ch. 113, §1; 2005, ch. 474, §12; 2010 , ch. 862, §§ 2, 3.
Tenn. Code Ann. § 63-1-112 — TN Code / Title 63 / Chapter 1 / Section 63-1-112
License and registration fees
Status: in_force

(a) No fee for the issuance of licenses to practice the healing arts or any branch thereof shall be collected except by the appropriate board licensing that profession. (b) All fees due the boards regulating the various branches of the healing arts shall be collected by the division. Acts 1947, ch. 9, § 14; C. Supp. 1950, § 6907.14 (Williams, § 6917.31); Acts 1953, ch. 113, § 7; T.C.A. (orig. ed.), § 63-119; Acts 1984, ch. 937, § 71; T.C.A., § 63-1-119 ; Acts 2010, ch. 1043, § 2.
(a) No fee for the issuance of licenses to practice the healing arts or any branch thereof shall be collected except by the appropriate board licensing that profession.
(b) All fees due the boards regulating the various branches of the healing arts shall be collected by the division.
Acts 1947, ch. 9, § 14; C. Supp. 1950, § 6907.14 (Williams, § 6917.31); Acts 1953, ch. 113, § 7; T.C.A. (orig. ed.), § 63-119; Acts 1984, ch. 937, § 71; T.C.A., § 63-1-119 ; Acts 2010, ch. 1043, § 2.
Tenn. Code Ann. § 63-6-201 — TN Code / Title 63 / Chapter 6 / Section 63-6-201
License requirements
Status: in_force

(a) No person shall practice medicine in any of its departments within this state unless and until such person has obtained a license from the board created by § 63-6-101 . The provisions in this chapter with reference to obtaining a license from the board do not apply to any person who on July 1, 1947, was duly and regularly licensed by law to practice medicine in any of its branches in this state. (b) (1) Notwithstanding the foregoing provisions visiting medical faculty licensed in a country other than the United States and employed full time by a college or university operating an accredited medical school in Tennessee are exempt from the requirement of a license; provided, that the visiting faculty member is a graduate of a medical school, a recognized medical authority approved by the board and the practice of the visiting faculty member is limited to and is incidental to the visiting faculty member's employment at an accredited medical school in Tennessee. Such person is entitled to engage in private practice; provided, that the person enrolls and satisfactorily participates in a three-year residency program approved by the board. No physician authorized under this subsection (b) to engage in private practice shall continue to engage in private practice of any form after a period of three (3) years unless such person meets all the requirements of licensure set forth in § 63-6-207 . (2) It is the responsibility of the dean of the medical school to apply to the board for an exemption for each such visiting faculty member. Such application for exemption shall be filed annually, and an individual applicant may not receive an exemption for a period in excess of two (2) years. It is also the responsibility of the above-named dean to notify the board upon termination of a visiting faculty member's responsibilities. (3) The board may impose a fee to accompany each application for exemption. Acts 1901, ch. 78, § 1; 1905, ch. 111, § 1; Shan., § 3609a13; Code 1932, § 6918; impl. am. Acts 1947, ch. 9, §§ 2-4, 9; mod. C. Supp. 1950, § 6918; Acts 1977, ch. 285, § 1; T.C.A. (orig. ed.), § 63-605; Acts 1982, ch. 905, § 3; 1984, ch. 937, §§ 27, 28; 1989, ch. 523, §§ 39, 40; 1990, ch. 1055, § 2; 1994, ch. 732, § 1; 1995, ch. 329, § 5; 2003 , ch. 262, § 1.
(a) No person shall practice medicine in any of its departments within this state unless and until such person has obtained a license from the board created by § 63-6-101 . The provisions in this chapter with reference to obtaining a license from the board do not apply to any person who on July 1, 1947, was duly and regularly licensed by law to practice medicine in any of its branches in this state.
(b) (1) Notwithstanding the foregoing provisions visiting medical faculty licensed in a country other than the United States and employed full time by a college or university operating an accredited medical school in Tennessee are exempt from the requirement of a license; provided, that the visiting faculty member is a graduate of a medical school, a recognized medical authority approved by the board and the practice of the visiting faculty member is limited to and is incidental to the visiting faculty member's employment at an accredited medical school in Tennessee. Such person is entitled to engage in private practice; provided, that the person enrolls and satisfactorily participates in a three-year residency program approved by the board. No physician authorized under this subsection (b) to engage in private practice shall continue to engage in private practice of any form after a period of three (3) years unless such person meets all the requirements of licensure set forth in § 63-6-207 . (2) It is the responsibility of the dean of the medical school to apply to the board for an exemption for each such visiting faculty member. Such application for exemption shall be filed annually, and an individual applicant may not receive an exemption for a period in excess of two (2) years. It is also the responsibility of the above-named dean to notify the board upon termination of a visiting faculty member's responsibilities. (3) The board may impose a fee to accompany each application for exemption.
(1) Notwithstanding the foregoing provisions visiting medical faculty licensed in a country other than the United States and employed full time by a college or university operating an accredited medical school in Tennessee are exempt from the requirement of a license; provided, that the visiting faculty member is a graduate of a medical school, a recognized medical authority approved by the board and the practice of the visiting faculty member is limited to and is incidental to the visiting faculty member's employment at an accredited medical school in Tennessee. Such person is entitled to engage in private practice; provided, that the person enrolls and satisfactorily participates in a three-year residency program approved by the board. No physician authorized under this subsection (b) to engage in private practice shall continue to engage in private practice of any form after a period of three (3) years unless such person meets all the requirements of licensure set forth in § 63-6-207 .
(2) It is the responsibility of the dean of the medical school to apply to the board for an exemption for each such visiting faculty member. Such application for exemption shall be filed annually, and an individual applicant may not receive an exemption for a period in excess of two (2) years. It is also the responsibility of the above-named dean to notify the board upon termination of a visiting faculty member's responsibilities.
(3) The board may impose a fee to accompany each application for exemption.
Acts 1901, ch. 78, § 1; 1905, ch. 111, § 1; Shan., § 3609a13; Code 1932, § 6918; impl. am. Acts 1947, ch. 9, §§ 2-4, 9; mod. C. Supp. 1950, § 6918; Acts 1977, ch. 285, § 1; T.C.A. (orig. ed.), § 63-605; Acts 1982, ch. 905, § 3; 1984, ch. 937, §§ 27, 28; 1989, ch. 523, §§ 39, 40; 1990, ch. 1055, § 2; 1994, ch. 732, § 1; 1995, ch. 329, § 5; 2003 , ch. 262, § 1.
Tenn. Code Ann. § 63-11-408 — TN Code / Title 63 / Chapter 11 / Section 63-11-408
Use of titles - Practice of professional art therapy - Penalty for violation
Status: in_force

(a) A person shall not use the title "licensed professional art therapist" or "licensed art therapist," or use an abbreviation to indicate or imply that the person is a licensed professional art therapist, in this state unless the person holds a license issued by the advisory committee under this part. This subsection (a) does not prohibit an associate art therapist from using the title "associate art therapist" in accordance with this part. (b) A person shall not practice professional art therapy unless the person is: (1) Licensed by the advisory committee as a licensed professional art therapist; (2) An associate art therapist, as long as the person uses the title of "associate art therapist" and does not represent themselves to the public as a licensed professional art therapist; or (3) Exempt from licensure under § 63-11-410 . (c) A violation of this section is a Class B misdemeanor, punishable by a fine only, the suspension or revocation of a license issued under this part, or both a fine and loss of licensure. Added by 2021 Tenn. Acts, ch. 160, s 2, eff. 7/1/2022.
(a) A person shall not use the title "licensed professional art therapist" or "licensed art therapist," or use an abbreviation to indicate or imply that the person is a licensed professional art therapist, in this state unless the person holds a license issued by the advisory committee under this part. This subsection (a) does not prohibit an associate art therapist from using the title "associate art therapist" in accordance with this part.
(b) A person shall not practice professional art therapy unless the person is: (1) Licensed by the advisory committee as a licensed professional art therapist; (2) An associate art therapist, as long as the person uses the title of "associate art therapist" and does not represent themselves to the public as a licensed professional art therapist; or (3) Exempt from licensure under § 63-11-410 .
(1) Licensed by the advisory committee as a licensed professional art therapist;
(2) An associate art therapist, as long as the person uses the title of "associate art therapist" and does not represent themselves to the public as a licensed professional art therapist; or
(3) Exempt from licensure under § 63-11-410 .
(c) A violation of this section is a Class B misdemeanor, punishable by a fine only, the suspension or revocation of a license issued under this part, or both a fine and loss of licensure.
Added by 2021 Tenn. Acts, ch. 160, s 2, eff. 7/1/2022.
Tenn. Code Ann. § 63-31-109 — TN Code / Title 63 / Chapter 31 / Section 63-31-109
Power of board to impose sanctions
Status: in_force

(a) The board has the power to impose any sanctions on a licensee, up to and including license revocation, if the licensee is found guilty of violating any of the provisions of this chapter or of committing any of the following acts or offenses: (1) Making false or misleading statements or committing fraud in procuring a license; (2) Moral turpitude; (3) Habitual intoxication or personal misuse of narcotics, controlled substances, controlled substance analogues or any other drugs or the use of alcoholic beverages or stimulants in a manner that adversely affects the person's ability to practice polysomnography; (4) Conviction of a felony or of any offense involving moral turpitude or any violation of the drug laws of this or any other state or of the United States; (5) Violation or attempted violation, directly or indirectly, assisting in or abetting the violation of, or conspiring to violate, this chapter or any lawful order of the board or any criminal statute of this state; (6) Gross health care liability, ignorance, negligence or incompetence in the course of professional practice; (7) Making or signing in one's professional capacity any document that is known to be false at the time it is made or signed; (8) Engaging in the practice of polysomnography when mentally or physically unable to safely do so; (9) Making false statements or representations or being guilty of fraud or deceit in the practice of polysomnography when mentally or physically unable to safely do so; (10) Having disciplinary action imposed by another state or territory of the United States for any acts or omissions that would constitute grounds for discipline of a person licensed to practice polysomnography in this state; provided, that a certified copy of the order or other document memorializing the disciplinary action by the other state or territory constitutes prima facie evidence of a violation of this section; (11) Undertaking any duties that are outside the authorized scope of practice of a licensed polysomnographic technologist, as set forth in this chapter; (12) Violating the code of ethics adopted by the committee for polysomnographic technologists; (13) Use or attempted use of a polysomnographic procedure or equipment for which the licensee has not received sufficient education or training in the proper use of that procedure or equipment; (14) Promoting the sale of services, drugs, devices, appliances, or goods to a patient to exploit the patient for financial gain; (15) Willfully failing to file, or willfully impeding the filing of, any report or record that is required by law; (16) Knowingly engaging in the practice of polysomnography with an unlicensed person, knowingly aiding an unlicensed person in the practice of polysomnography, or knowingly delegating a task involved in the practice of polysomnography to an unlicensed person; (17) Knowingly failing to meet appropriate standards for the delivery of polysomnographic services; (18) Breaching patient confidentiality; (19) Paying or agreeing to pay any sum or providing any form of remuneration or material benefit to any person for bringing or referring a patient, or accepting or agreeing to accept any form of remuneration or material benefit from a person for bringing or referring a patient; or (20) Any other unprofessional or unethical conduct specified in the rules of the board. (b) An action taken under this section shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 1, part 1 of this title. Amended by 2018 Tenn. Acts, ch. 745, s 45, eff. 7/1/2018. Acts 2007 , ch. 469, §1; 2012 , ch. 798, §51; 2012 , ch. 848, § 84.
(a) The board has the power to impose any sanctions on a licensee, up to and including license revocation, if the licensee is found guilty of violating any of the provisions of this chapter or of committing any of the following acts or offenses: (1) Making false or misleading statements or committing fraud in procuring a license; (2) Moral turpitude; (3) Habitual intoxication or personal misuse of narcotics, controlled substances, controlled substance analogues or any other drugs or the use of alcoholic beverages or stimulants in a manner that adversely affects the person's ability to practice polysomnography; (4) Conviction of a felony or of any offense involving moral turpitude or any violation of the drug laws of this or any other state or of the United States; (5) Violation or attempted violation, directly or indirectly, assisting in or abetting the violation of, or conspiring to violate, this chapter or any lawful order of the board or any criminal statute of this state; (6) Gross health care liability, ignorance, negligence or incompetence in the course of professional practice; (7) Making or signing in one's professional capacity any document that is known to be false at the time it is made or signed; (8) Engaging in the practice of polysomnography when mentally or physically unable to safely do so; (9) Making false statements or representations or being guilty of fraud or deceit in the practice of polysomnography when mentally or physically unable to safely do so; (10) Having disciplinary action imposed by another state or territory of the United States for any acts or omissions that would constitute grounds for discipline of a person licensed to practice polysomnography in this state; provided, that a certified copy of the order or other document memorializing the disciplinary action by the other state or territory constitutes prima facie evidence of a violation of this section; (11) Undertaking any duties that are outside the authorized scope of practice of a licensed polysomnographic technologist, as set forth in this chapter; (12) Violating the code of ethics adopted by the committee for polysomnographic technologists; (13) Use or attempted use of a polysomnographic procedure or equipment for which the licensee has not received sufficient education or training in the proper use of that procedure or equipment; (14) Promoting the sale of services, drugs, devices, appliances, or goods to a patient to exploit the patient for financial gain; (15) Willfully failing to file, or willfully impeding the filing of, any report or record that is required by law; (16) Knowingly engaging in the practice of polysomnography with an unlicensed person, knowingly aiding an unlicensed person in the practice of polysomnography, or knowingly delegating a task involved in the practice of polysomnography to an unlicensed person; (17) Knowingly failing to meet appropriate standards for the delivery of polysomnographic services; (18) Breaching patient confidentiality; (19) Paying or agreeing to pay any sum or providing any form of remuneration or material benefit to any person for bringing or referring a patient, or accepting or agreeing to accept any form of remuneration or material benefit from a person for bringing or referring a patient; or (20) Any other unprofessional or unethical conduct specified in the rules of the board.
(1) Making false or misleading statements or committing fraud in procuring a license;
(2) Moral turpitude;
(3) Habitual intoxication or personal misuse of narcotics, controlled substances, controlled substance analogues or any other drugs or the use of alcoholic beverages or stimulants in a manner that adversely affects the person's ability to practice polysomnography;
(4) Conviction of a felony or of any offense involving moral turpitude or any violation of the drug laws of this or any other state or of the United States;
(5) Violation or attempted violation, directly or indirectly, assisting in or abetting the violation of, or conspiring to violate, this chapter or any lawful order of the board or any criminal statute of this state;
(6) Gross health care liability, ignorance, negligence or incompetence in the course of professional practice;
(7) Making or signing in one's professional capacity any document that is known to be false at the time it is made or signed;
(8) Engaging in the practice of polysomnography when mentally or physically unable to safely do so;
(9) Making false statements or representations or being guilty of fraud or deceit in the practice of polysomnography when mentally or physically unable to safely do so;
(10) Having disciplinary action imposed by another state or territory of the United States for any acts or omissions that would constitute grounds for discipline of a person licensed to practice polysomnography in this state; provided, that a certified copy of the order or other document memorializing the disciplinary action by the other state or territory constitutes prima facie evidence of a violation of this section;
(11) Undertaking any duties that are outside the authorized scope of practice of a licensed polysomnographic technologist, as set forth in this chapter;
(12) Violating the code of ethics adopted by the committee for polysomnographic technologists;
(13) Use or attempted use of a polysomnographic procedure or equipment for which the licensee has not received sufficient education or training in the proper use of that procedure or equipment;
(14) Promoting the sale of services, drugs, devices, appliances, or goods to a patient to exploit the patient for financial gain;
(15) Willfully failing to file, or willfully impeding the filing of, any report or record that is required by law;
(16) Knowingly engaging in the practice of polysomnography with an unlicensed person, knowingly aiding an unlicensed person in the practice of polysomnography, or knowingly delegating a task involved in the practice of polysomnography to an unlicensed person;
(17) Knowingly failing to meet appropriate standards for the delivery of polysomnographic services;
(18) Breaching patient confidentiality;
(19) Paying or agreeing to pay any sum or providing any form of remuneration or material benefit to any person for bringing or referring a patient, or accepting or agreeing to accept any form of remuneration or material benefit from a person for bringing or referring a patient; or
(20) Any other unprofessional or unethical conduct specified in the rules of the board.
(b) An action taken under this section shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 1, part 1 of this title.
Amended by 2018 Tenn. Acts, ch. 745, s 45, eff. 7/1/2018.
Acts 2007 , ch. 469, §1; 2012 , ch. 798, §51; 2012 , ch. 848, § 84.
Tenn. Code Ann. § 63-9-122 — TN Code / Title 63 / Chapter 9 / Section 63-9-122
Exemption for physician for visiting sports team
Status: in_force

(a) A physician who is duly qualified to practice medicine under the laws of another state is exempt from the licensure requirements of § 63-9-104 , subject to this section, if either of the following applies: (1) The physician has a written or oral agreement with a sports team to provide care to team members and coaching staff traveling with the team for a specific sporting event to take place in this state; or (2) The physician has been invited by a national sport governing body to provide services to athletes and coaching staff at a national sport training center in this state or to provide services to athletes and coaching staff at an event or competition in this state that is sanctioned by the national sport governing body. (b) The exemption provided by this section only applies while: (1) The physician's practice is limited to that required by the team or the national sport governing body; and (2) The services provided by the physician are within the physician's scope of practice. (c) The exemption provided by subsection (a) permits a physician to provide care or consultation to a person specified in subsection (a). Nothing in this section permits a physician exempt by this section to: (1) Provide care or consultation to any person residing in this state other than a person specified in subsection (a); or (2) Practice at a licensed healthcare facility in this state. (d) An exemption pursuant to subdivision (a)(1) is valid while the physician is traveling with the sports team, subject to the following: (1) The exemption shall not be longer than ten (10) days in duration for each respective sporting event without prior authorization from the board of osteopathic examination; (2) The board of osteopathic examination may grant an extension of not more than twenty (20) additional days per sporting event; and (3) No physician shall be exempt for more than thirty (30) total days in a calendar year. (e) An exemption pursuant to subdivision (a)(2) is valid during the time certified by the national sport governing body; however, no physician shall be exempt for more than thirty (30) total days in a calendar year. (f) No physician exempt pursuant to this section shall dispense or administer controlled substances unless: (1) The patient to whom the controlled substance is administered or dispensed is over eighteen (18) years of age and is a person described in subdivision (a)(1) or (a)(2); and (2) The physician reports all controlled substances dispensed or administered to any applicable state controlled substance database in the physician's state of licensure. (g) For purposes of this section, "sports team" means a professional, semi-professional, or amateur team including, but not limited to, a college, high school, grade school, or non-school affiliated team, such as those associated with the Amateur Athletic Union (AAU). (h) The board of osteopathic examination may enter into agreements with medical licensing boards of other states to implement this section. Agreements may include procedures for reporting potential medical license violations. (i) The board of osteopathic examination may promulgate rules to effectuate the purposes of this section. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Added by 2017 Tenn. Acts, ch. 329, s 3, eff. 1/1/2018.
(a) A physician who is duly qualified to practice medicine under the laws of another state is exempt from the licensure requirements of § 63-9-104 , subject to this section, if either of the following applies: (1) The physician has a written or oral agreement with a sports team to provide care to team members and coaching staff traveling with the team for a specific sporting event to take place in this state; or (2) The physician has been invited by a national sport governing body to provide services to athletes and coaching staff at a national sport training center in this state or to provide services to athletes and coaching staff at an event or competition in this state that is sanctioned by the national sport governing body.
(1) The physician has a written or oral agreement with a sports team to provide care to team members and coaching staff traveling with the team for a specific sporting event to take place in this state; or
(2) The physician has been invited by a national sport governing body to provide services to athletes and coaching staff at a national sport training center in this state or to provide services to athletes and coaching staff at an event or competition in this state that is sanctioned by the national sport governing body.
(b) The exemption provided by this section only applies while: (1) The physician's practice is limited to that required by the team or the national sport governing body; and (2) The services provided by the physician are within the physician's scope of practice.
(1) The physician's practice is limited to that required by the team or the national sport governing body; and
(2) The services provided by the physician are within the physician's scope of practice.
(c) The exemption provided by subsection (a) permits a physician to provide care or consultation to a person specified in subsection (a). Nothing in this section permits a physician exempt by this section to: (1) Provide care or consultation to any person residing in this state other than a person specified in subsection (a); or (2) Practice at a licensed healthcare facility in this state.
(1) Provide care or consultation to any person residing in this state other than a person specified in subsection (a); or
(2) Practice at a licensed healthcare facility in this state.
(d) An exemption pursuant to subdivision (a)(1) is valid while the physician is traveling with the sports team, subject to the following: (1) The exemption shall not be longer than ten (10) days in duration for each respective sporting event without prior authorization from the board of osteopathic examination; (2) The board of osteopathic examination may grant an extension of not more than twenty (20) additional days per sporting event; and (3) No physician shall be exempt for more than thirty (30) total days in a calendar year.
(1) The exemption shall not be longer than ten (10) days in duration for each respective sporting event without prior authorization from the board of osteopathic examination;
(2) The board of osteopathic examination may grant an extension of not more than twenty (20) additional days per sporting event; and
(3) No physician shall be exempt for more than thirty (30) total days in a calendar year.
(e) An exemption pursuant to subdivision (a)(2) is valid during the time certified by the national sport governing body; however, no physician shall be exempt for more than thirty (30) total days in a calendar year.
(f) No physician exempt pursuant to this section shall dispense or administer controlled substances unless: (1) The patient to whom the controlled substance is administered or dispensed is over eighteen (18) years of age and is a person described in subdivision (a)(1) or (a)(2); and (2) The physician reports all controlled substances dispensed or administered to any applicable state controlled substance database in the physician's state of licensure.
(1) The patient to whom the controlled substance is administered or dispensed is over eighteen (18) years of age and is a person described in subdivision (a)(1) or (a)(2); and
(2) The physician reports all controlled substances dispensed or administered to any applicable state controlled substance database in the physician's state of licensure.
(g) For purposes of this section, "sports team" means a professional, semi-professional, or amateur team including, but not limited to, a college, high school, grade school, or non-school affiliated team, such as those associated with the Amateur Athletic Union (AAU).
(h) The board of osteopathic examination may enter into agreements with medical licensing boards of other states to implement this section. Agreements may include procedures for reporting potential medical license violations.
(i) The board of osteopathic examination may promulgate rules to effectuate the purposes of this section. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Added by 2017 Tenn. Acts, ch. 329, s 3, eff. 1/1/2018.
Tenn. Code Ann. § 63-15-101 — TN Code / Title 63 / Chapter 15 / Section 63-15-101
Legislative findings and intent
Status: in_force

(a) The general assembly finds that: (1) Pregnant and postpartum women who receive doula care are found to have improved health outcomes for themselves and their infants, including higher breastfeeding initiation rates, fewer low birth weight babies, and lower rates of cesarean deliveries; (2) The benefits of doula care can have a financial impact in helping families and this state avoid the costs associated with low birth weight babies, cesarean births, and other pregnancy-related complications; and (3) A successful program of medicaid coverage for doula care must honor and support the autonomy of doulas, and be as inclusive as possible of the wide variety of birth support work that exists, including community-based and traditional birth support work. (b) It is the intent of the general assembly to identify and mobilize an educated and prepared doula workforce to serve pregnant women in this state by supporting the ongoing practices of doulas working with communities that experience the highest burden of birth disparities, but without the barriers to entry that licensure would entail. Added by 2023 Tenn. Acts, ch. 424, s 1, eff. 7/1/2023.
(a) The general assembly finds that: (1) Pregnant and postpartum women who receive doula care are found to have improved health outcomes for themselves and their infants, including higher breastfeeding initiation rates, fewer low birth weight babies, and lower rates of cesarean deliveries; (2) The benefits of doula care can have a financial impact in helping families and this state avoid the costs associated with low birth weight babies, cesarean births, and other pregnancy-related complications; and (3) A successful program of medicaid coverage for doula care must honor and support the autonomy of doulas, and be as inclusive as possible of the wide variety of birth support work that exists, including community-based and traditional birth support work.
(1) Pregnant and postpartum women who receive doula care are found to have improved health outcomes for themselves and their infants, including higher breastfeeding initiation rates, fewer low birth weight babies, and lower rates of cesarean deliveries;
(2) The benefits of doula care can have a financial impact in helping families and this state avoid the costs associated with low birth weight babies, cesarean births, and other pregnancy-related complications; and
(3) A successful program of medicaid coverage for doula care must honor and support the autonomy of doulas, and be as inclusive as possible of the wide variety of birth support work that exists, including community-based and traditional birth support work.
(b) It is the intent of the general assembly to identify and mobilize an educated and prepared doula workforce to serve pregnant women in this state by supporting the ongoing practices of doulas working with communities that experience the highest burden of birth disparities, but without the barriers to entry that licensure would entail.
Added by 2023 Tenn. Acts, ch. 424, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 63-6-710 — TN Code / Title 63 / Chapter 6 / Section 63-6-710
Free clinics for veterans - Use of armory as site
Status: in_force

(a) This section may be known and cited as the "Kenneth Harry-Hill Tennessee Veterans Health Care Act of 2015." This section may also be known as the "Mission Tennessee for Veterans Program." (b) In addition to any other health care authorized by this part, a licensed healthcare provider who is a member of the national guard in this state, under title 58, chapter 1, part 2, may provide healthcare services to veterans and other persons who lack health insurance at a free clinic operated on the site of an armory, as defined in § 58-1-507 . The free clinic is authorized to provide limited primary health care, but not emergency care or urgent care services. Healthcare providers rendering services under this subsection (b) shall be deemed to be engaging in the voluntary provision of healthcare services under this part. (c) (1) The military department is authorized to permit the use of an armory as a site of a free clinic on a temporary basis. (2) The military department is also authorized to permit members of the national guard who are licensed healthcare providers in this state to volunteer at free clinics operated at an armory under this section. (3) The military department is authorized to accept donations of medical supplies and services to assist the operation of a free clinic at an armory under this section. (d) A free clinic operating under this section is authorized to participate in appropriate networks and public information activities in order to facilitate access to free healthcare services by veterans. (e) The commissioner of health is authorized to promulgate rules to effectuate the purposes of this section. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (f) For the purposes of this section, "veteran" means a Tennessee resident who has entered and served in the United States armed forces and who was discharged or released therefrom under conditions other than dishonorable. Added by 2015 Tenn. Acts, ch. 277, s 1, eff. 7/1/2015.
(a) This section may be known and cited as the "Kenneth Harry-Hill Tennessee Veterans Health Care Act of 2015." This section may also be known as the "Mission Tennessee for Veterans Program."
(b) In addition to any other health care authorized by this part, a licensed healthcare provider who is a member of the national guard in this state, under title 58, chapter 1, part 2, may provide healthcare services to veterans and other persons who lack health insurance at a free clinic operated on the site of an armory, as defined in § 58-1-507 . The free clinic is authorized to provide limited primary health care, but not emergency care or urgent care services. Healthcare providers rendering services under this subsection (b) shall be deemed to be engaging in the voluntary provision of healthcare services under this part.
(c) (1) The military department is authorized to permit the use of an armory as a site of a free clinic on a temporary basis. (2) The military department is also authorized to permit members of the national guard who are licensed healthcare providers in this state to volunteer at free clinics operated at an armory under this section. (3) The military department is authorized to accept donations of medical supplies and services to assist the operation of a free clinic at an armory under this section.
(1) The military department is authorized to permit the use of an armory as a site of a free clinic on a temporary basis.
(2) The military department is also authorized to permit members of the national guard who are licensed healthcare providers in this state to volunteer at free clinics operated at an armory under this section.
(3) The military department is authorized to accept donations of medical supplies and services to assist the operation of a free clinic at an armory under this section.
(d) A free clinic operating under this section is authorized to participate in appropriate networks and public information activities in order to facilitate access to free healthcare services by veterans.
(e) The commissioner of health is authorized to promulgate rules to effectuate the purposes of this section. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(f) For the purposes of this section, "veteran" means a Tennessee resident who has entered and served in the United States armed forces and who was discharged or released therefrom under conditions other than dishonorable.
Added by 2015 Tenn. Acts, ch. 277, s 1, eff. 7/1/2015.
Tenn. Code Ann. § 63-13-316 — TN Code / Title 63 / Chapter 13 / Section 63-13-316
Peer assistance program - Fees
Status: in_force

(a) In lieu of a disciplinary proceeding as set forth in this chapter, the board may permit a licensee pursuant to this part to actively participate in a board approved peer assistance program under the following conditions: (1) The board has evidence that the licensee is impaired; (2) The licensee has not been convicted of a felony relating to a controlled substance or controlled substance analogue in a court of law of the United States or any other territory or country; (3) The licensee enters into a written agreement with the board for a restricted license and complies with all the terms of the agreement, including making satisfactory progress in the program and adhering to any limitations on the licensee's practice imposed by the board to protect the public. Failure to enter into such an agreement shall activate an immediate investigation and disciplinary proceeding by the board; and (4) As part of the agreement established between the licensee and the board, the licensee shall sign a waiver allowing the peer assistance program to release information to the board if the licensee does not comply with the requirements of this section or is unable to practice with reasonable skill or safety. (b) The board shall establish fees for all licensees to effect the purposes of this section. Acts 1999, ch. 528, § 28; 2007 , ch. 115, § 10; 2012 , ch. 848, § 79.
(a) In lieu of a disciplinary proceeding as set forth in this chapter, the board may permit a licensee pursuant to this part to actively participate in a board approved peer assistance program under the following conditions: (1) The board has evidence that the licensee is impaired; (2) The licensee has not been convicted of a felony relating to a controlled substance or controlled substance analogue in a court of law of the United States or any other territory or country; (3) The licensee enters into a written agreement with the board for a restricted license and complies with all the terms of the agreement, including making satisfactory progress in the program and adhering to any limitations on the licensee's practice imposed by the board to protect the public. Failure to enter into such an agreement shall activate an immediate investigation and disciplinary proceeding by the board; and (4) As part of the agreement established between the licensee and the board, the licensee shall sign a waiver allowing the peer assistance program to release information to the board if the licensee does not comply with the requirements of this section or is unable to practice with reasonable skill or safety.
(1) The board has evidence that the licensee is impaired;
(2) The licensee has not been convicted of a felony relating to a controlled substance or controlled substance analogue in a court of law of the United States or any other territory or country;
(3) The licensee enters into a written agreement with the board for a restricted license and complies with all the terms of the agreement, including making satisfactory progress in the program and adhering to any limitations on the licensee's practice imposed by the board to protect the public. Failure to enter into such an agreement shall activate an immediate investigation and disciplinary proceeding by the board; and
(4) As part of the agreement established between the licensee and the board, the licensee shall sign a waiver allowing the peer assistance program to release information to the board if the licensee does not comply with the requirements of this section or is unable to practice with reasonable skill or safety.
(b) The board shall establish fees for all licensees to effect the purposes of this section.
Acts 1999, ch. 528, § 28; 2007 , ch. 115, § 10; 2012 , ch. 848, § 79.
Tenn. Code Ann. § 63-17-208 — TN Code / Title 63 / Chapter 17 / Section 63-17-208
Apprentice license
Status: in_force

(a) Applicants who meet the requirements of § 63-17-207 with respect to age and education may apply for an apprentice license. (b) The apprentice licensee shall function under the direct supervision of the sponsoring licensed hearing instrument specialist for a period of at least three (3) months after submitting an application, and during such three-month period, the sponsoring licensed dispenser must make the final selection and fitting of the hearing instrument. (c) During the apprentice period, the apprentice licensee shall complete sixty (60) classroom hours of prescribed coursework. (d) The apprentice license will remain in effect no longer than one (1) year and cannot be renewed. (e) Applicants for an apprentice license shall pay the council a nonrefundable fee as set by the council. Amended by 2016 Tenn. Acts, ch. 811, Secs.s 2, s 3, s 4 eff. 4/14/2016. Acts 1995, ch. 481, § 10.
(a) Applicants who meet the requirements of § 63-17-207 with respect to age and education may apply for an apprentice license.
(b) The apprentice licensee shall function under the direct supervision of the sponsoring licensed hearing instrument specialist for a period of at least three (3) months after submitting an application, and during such three-month period, the sponsoring licensed dispenser must make the final selection and fitting of the hearing instrument.
(c) During the apprentice period, the apprentice licensee shall complete sixty (60) classroom hours of prescribed coursework.
(d) The apprentice license will remain in effect no longer than one (1) year and cannot be renewed.
(e) Applicants for an apprentice license shall pay the council a nonrefundable fee as set by the council.
Amended by 2016 Tenn. Acts, ch. 811, Secs.s 2, s 3, s 4 eff. 4/14/2016.
Acts 1995, ch. 481, § 10.
Tenn. Code Ann. § 63-1-149 — TN Code / Title 63 / Chapter 1 / Section 63-1-149
Registry check
Status: in_force

(a) On and after October 1, 2010, before employing or contracting with any person who would be providing direct patient care, for whom a background check has not been completed, a health care professional licensed under any chapter of this title or title 68, chapters 24 and 140, shall initiate and perform a "registry check" which for the purposes of this section is defined as: (1) A state-by-state look in any state in which the person has lived in the previous seven (7) years of the national sex offender public registry website coordinated by the United States department of justice, including, but not limited to, the sexual offender registry maintained by the Tennessee bureau of investigation pursuant to title 40, chapter 39, part 2; and (2) Any adult abuse registry maintained for any state in which the person has lived in the previous seven (7) years; and (3) The department of health's elder abuse registry established pursuant to title 68, chapter 11, part 10. (b) Should an applicant be listed on any of the registries listed in subdivisions (a)(1)-(3), the health care professional shall not employ or contract with the person if the person would be providing direct patient care. (c) A health care professional who complies with the requirements to perform registry checks under subsection (a), or relies on a documented representation provided by an entity with which the health care professional contracts that the person who will work in the office is not on any of these registries, shall not be subject to civil or criminal liability solely based upon the information provided through a registry check under this section. This immunity shall extend to a claim related to the professional's refusal to employ or contract with a person based on information obtained from a registry check. (d) This section is not intended to apply to contracted, external staff who provide such services as cleaning services, maintenance of office or medical equipment or other services where direct patient contact is not intended. (e) This section shall not apply to health care professionals licensed chapter 12 of this title. (f) The department of health shall post no later than October 1, 2010, in a conspicuous location on its website as well as the website of each applicable licensing board a link to all potential databases the health care professional would be required to check pursuant to subsection (a). In addition, each applicable licensing board shall notify all of its licensees at least annually through board newsletters of their obligations under this section. Acts 2010, ch. 1084, § 1.
(a) On and after October 1, 2010, before employing or contracting with any person who would be providing direct patient care, for whom a background check has not been completed, a health care professional licensed under any chapter of this title or title 68, chapters 24 and 140, shall initiate and perform a "registry check" which for the purposes of this section is defined as: (1) A state-by-state look in any state in which the person has lived in the previous seven (7) years of the national sex offender public registry website coordinated by the United States department of justice, including, but not limited to, the sexual offender registry maintained by the Tennessee bureau of investigation pursuant to title 40, chapter 39, part 2; and (2) Any adult abuse registry maintained for any state in which the person has lived in the previous seven (7) years; and (3) The department of health's elder abuse registry established pursuant to title 68, chapter 11, part 10.
(1) A state-by-state look in any state in which the person has lived in the previous seven (7) years of the national sex offender public registry website coordinated by the United States department of justice, including, but not limited to, the sexual offender registry maintained by the Tennessee bureau of investigation pursuant to title 40, chapter 39, part 2; and
(2) Any adult abuse registry maintained for any state in which the person has lived in the previous seven (7) years; and
(3) The department of health's elder abuse registry established pursuant to title 68, chapter 11, part 10.
(b) Should an applicant be listed on any of the registries listed in subdivisions (a)(1)-(3), the health care professional shall not employ or contract with the person if the person would be providing direct patient care.
(c) A health care professional who complies with the requirements to perform registry checks under subsection (a), or relies on a documented representation provided by an entity with which the health care professional contracts that the person who will work in the office is not on any of these registries, shall not be subject to civil or criminal liability solely based upon the information provided through a registry check under this section. This immunity shall extend to a claim related to the professional's refusal to employ or contract with a person based on information obtained from a registry check.
(d) This section is not intended to apply to contracted, external staff who provide such services as cleaning services, maintenance of office or medical equipment or other services where direct patient contact is not intended.
(e) This section shall not apply to health care professionals licensed chapter 12 of this title.
(f) The department of health shall post no later than October 1, 2010, in a conspicuous location on its website as well as the website of each applicable licensing board a link to all potential databases the health care professional would be required to check pursuant to subsection (a). In addition, each applicable licensing board shall notify all of its licensees at least annually through board newsletters of their obligations under this section.
Acts 2010, ch. 1084, § 1.
Tenn. Code Ann. § 63-17-115 — TN Code / Title 63 / Chapter 17 / Section 63-17-115
Fees
Status: in_force

(a) The amount of fees prescribed in connection with a license as a speech language pathologist or audiologist shall be determined by the board. (b) An applicant wishing to be licensed in both speech language pathology and audiology shall pay the examination fee for each license. Such individual, however, is required to pay only one (1) initial license fee and only one (1) renewal or delinquency fee; provided, that the applications for the two (2) licenses are submitted simultaneously. (c) The fees shall be fixed by the board and shall be set forth with the regulations that are duly adopted under this chapter. (d) Every person to whom a license is issued shall, as a condition precedent to its issuance and in addition to any application, examination or other fee, pay the prescribed initial license fee. The board may, by regulation, provide for the waiver where the license is issued less than forty-five (45) days before the date on which it will expire. Acts 1973, ch. 93, § 15; 1976, ch. 496, § 1; T.C.A., § 63-1715; Acts 1989, ch. 523, § 63; 1994, ch. 849, § 10.
(a) The amount of fees prescribed in connection with a license as a speech language pathologist or audiologist shall be determined by the board.
(b) An applicant wishing to be licensed in both speech language pathology and audiology shall pay the examination fee for each license. Such individual, however, is required to pay only one (1) initial license fee and only one (1) renewal or delinquency fee; provided, that the applications for the two (2) licenses are submitted simultaneously.
(c) The fees shall be fixed by the board and shall be set forth with the regulations that are duly adopted under this chapter.
(d) Every person to whom a license is issued shall, as a condition precedent to its issuance and in addition to any application, examination or other fee, pay the prescribed initial license fee. The board may, by regulation, provide for the waiver where the license is issued less than forty-five (45) days before the date on which it will expire.
Acts 1973, ch. 93, § 15; 1976, ch. 496, § 1; T.C.A., § 63-1715; Acts 1989, ch. 523, § 63; 1994, ch. 849, § 10.
Tenn. Code Ann. § 63-16-102 — TN Code / Title 63 / Chapter 16 / Section 63-16-102
Board of examiners - Composition
Status: in_force

(a) There is hereby created the board of examiners for nursing home administrators, which shall consist of ten (10) members to be appointed by the governor as follows: (1) Four (4) members shall be representatives of the nursing home industry, three (3) of whom may be appointed from lists of qualified persons submitted to the governor by interested healthcare groups including, but not limited to, the Tennessee Health Care Association, and one (1) of whom shall be a nursing home administrator who may be appointed from lists of qualified persons submitted by interested hospital groups, including, but not limited to, the Tennessee Hospital Association; (2) One (1) member shall be a hospital administrator who may be appointed from lists of qualified persons submitted by interested hospital groups, including, but not limited to, the Tennessee Hospital Association; (3) One (1) member shall be a physician who may be appointed from a list of qualified physician nominees submitted by interested medical groups, including, but not limited to, the Tennessee Medical Association; (4) One (1) member shall be a nurse representative who may be appointed from lists of qualified persons submitted by interested nursing groups, including, but not limited to, the Tennessee Nurses Association; (5) One (1) member shall be a consumer representative; (6) One (1) member shall be the executive director of the health facilities commission; and (7) One (1) member shall be the commissioner of health, or the commissioner's designee, who shall serve as the executive officer of the board. (b) (1) Each member shall serve for three (3) years, except that initially three (3) members shall be appointed for a term of three (3) years, three (3) members for a term of two (2) years, and two (2) members for a term of one (1) year. At the expiration of a member's term, each interested group may submit lists of qualified persons to the governor for appointment to that vacancy in the same manner as provided for initial appointments in subsection (a). Any vacancy occurring on the board prior to the expiration of a member's term may also be filled by the governor for the unexpired term from lists of qualified persons submitted by the interested groups as provided for initial appointments in subsection (a). (2) In making appointments to the board, the governor shall strive to ensure that at least one (1) person serving on the board is sixty (60) years of age or older and that at least one (1) person serving on the board is a member of a racial minority. (3) The governor shall consult with interested medical groups, including, but not limited to, the nominating associations for the respective classifications listed in subsection (a) to determine qualified persons to fill the positions. This subdivision (b)(3) shall not apply to the appointment of the consumer representative member. (c) [Deleted by 2024 amendment.] (d) The governor may remove any member for misconduct, incapacity, incompetence or neglect of duty after the member so charged has been served with a written statement of charges and has been given an opportunity to be heard. (e) Each member shall be reimbursed for actual expenses incurred in the performance of the member's official duties, in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. In addition, each member shall be compensated fifty dollars ($50.00) per day for the member's services. All vouchers for the expenditure of any funds shall be signed by the executive officer of the board. (f) (1) The board shall meet at least annually and a majority of the board shall constitute a quorum. (2) (A) Any member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year shall be removed as a member of the board in accordance with subsection (d). (B) The executive officer of the board shall promptly notify, or cause to be notified, the appointing authority of any member who fails to satisfy the attendance requirement as prescribed in subdivision (f)(2)(A). (g) The division, as provided for in § 68-1-101 , is the administrative agency for the board of examiners for nursing home administrators. Amended by 2024 Tenn. Acts, ch. 932,s 16, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 932,s 15, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 932,s 14, eff. 7/1/2024. Amended by 2016 Tenn. Acts, ch. 611, s 3, eff. 3/22/2016. Acts 1970, ch. 565, § 2; 1971, ch. 81, § 4; 1972, ch. 574, §§1, 2; 1976, ch. 806, § 1(121); 1979, ch. 118, § 1; 1980, ch. 587, § 1; T.C.A., § 63-1602; Acts 1983, ch. 40, § 1; 1988, ch. 1013, § 54; 1990, ch. 1042, §§3-5; 2012 , ch. 721, §§ 3, 4.
(a) There is hereby created the board of examiners for nursing home administrators, which shall consist of ten (10) members to be appointed by the governor as follows: (1) Four (4) members shall be representatives of the nursing home industry, three (3) of whom may be appointed from lists of qualified persons submitted to the governor by interested healthcare groups including, but not limited to, the Tennessee Health Care Association, and one (1) of whom shall be a nursing home administrator who may be appointed from lists of qualified persons submitted by interested hospital groups, including, but not limited to, the Tennessee Hospital Association; (2) One (1) member shall be a hospital administrator who may be appointed from lists of qualified persons submitted by interested hospital groups, including, but not limited to, the Tennessee Hospital Association; (3) One (1) member shall be a physician who may be appointed from a list of qualified physician nominees submitted by interested medical groups, including, but not limited to, the Tennessee Medical Association; (4) One (1) member shall be a nurse representative who may be appointed from lists of qualified persons submitted by interested nursing groups, including, but not limited to, the Tennessee Nurses Association; (5) One (1) member shall be a consumer representative; (6) One (1) member shall be the executive director of the health facilities commission; and (7) One (1) member shall be the commissioner of health, or the commissioner's designee, who shall serve as the executive officer of the board.
(1) Four (4) members shall be representatives of the nursing home industry, three (3) of whom may be appointed from lists of qualified persons submitted to the governor by interested healthcare groups including, but not limited to, the Tennessee Health Care Association, and one (1) of whom shall be a nursing home administrator who may be appointed from lists of qualified persons submitted by interested hospital groups, including, but not limited to, the Tennessee Hospital Association;
(2) One (1) member shall be a hospital administrator who may be appointed from lists of qualified persons submitted by interested hospital groups, including, but not limited to, the Tennessee Hospital Association;
(3) One (1) member shall be a physician who may be appointed from a list of qualified physician nominees submitted by interested medical groups, including, but not limited to, the Tennessee Medical Association;
(4) One (1) member shall be a nurse representative who may be appointed from lists of qualified persons submitted by interested nursing groups, including, but not limited to, the Tennessee Nurses Association;
(5) One (1) member shall be a consumer representative;
(6) One (1) member shall be the executive director of the health facilities commission; and
(7) One (1) member shall be the commissioner of health, or the commissioner's designee, who shall serve as the executive officer of the board.
(b) (1) Each member shall serve for three (3) years, except that initially three (3) members shall be appointed for a term of three (3) years, three (3) members for a term of two (2) years, and two (2) members for a term of one (1) year. At the expiration of a member's term, each interested group may submit lists of qualified persons to the governor for appointment to that vacancy in the same manner as provided for initial appointments in subsection (a). Any vacancy occurring on the board prior to the expiration of a member's term may also be filled by the governor for the unexpired term from lists of qualified persons submitted by the interested groups as provided for initial appointments in subsection (a). (2) In making appointments to the board, the governor shall strive to ensure that at least one (1) person serving on the board is sixty (60) years of age or older and that at least one (1) person serving on the board is a member of a racial minority. (3) The governor shall consult with interested medical groups, including, but not limited to, the nominating associations for the respective classifications listed in subsection (a) to determine qualified persons to fill the positions. This subdivision (b)(3) shall not apply to the appointment of the consumer representative member.
(1) Each member shall serve for three (3) years, except that initially three (3) members shall be appointed for a term of three (3) years, three (3) members for a term of two (2) years, and two (2) members for a term of one (1) year. At the expiration of a member's term, each interested group may submit lists of qualified persons to the governor for appointment to that vacancy in the same manner as provided for initial appointments in subsection (a). Any vacancy occurring on the board prior to the expiration of a member's term may also be filled by the governor for the unexpired term from lists of qualified persons submitted by the interested groups as provided for initial appointments in subsection (a).
(2) In making appointments to the board, the governor shall strive to ensure that at least one (1) person serving on the board is sixty (60) years of age or older and that at least one (1) person serving on the board is a member of a racial minority.
(3) The governor shall consult with interested medical groups, including, but not limited to, the nominating associations for the respective classifications listed in subsection (a) to determine qualified persons to fill the positions. This subdivision (b)(3) shall not apply to the appointment of the consumer representative member.
(c) [Deleted by 2024 amendment.]
(d) The governor may remove any member for misconduct, incapacity, incompetence or neglect of duty after the member so charged has been served with a written statement of charges and has been given an opportunity to be heard.
(e) Each member shall be reimbursed for actual expenses incurred in the performance of the member's official duties, in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. In addition, each member shall be compensated fifty dollars ($50.00) per day for the member's services. All vouchers for the expenditure of any funds shall be signed by the executive officer of the board.
(f) (1) The board shall meet at least annually and a majority of the board shall constitute a quorum. (2) (A) Any member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year shall be removed as a member of the board in accordance with subsection (d). (B) The executive officer of the board shall promptly notify, or cause to be notified, the appointing authority of any member who fails to satisfy the attendance requirement as prescribed in subdivision (f)(2)(A).
(1) The board shall meet at least annually and a majority of the board shall constitute a quorum.
(2) (A) Any member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year shall be removed as a member of the board in accordance with subsection (d). (B) The executive officer of the board shall promptly notify, or cause to be notified, the appointing authority of any member who fails to satisfy the attendance requirement as prescribed in subdivision (f)(2)(A).
(A) Any member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year shall be removed as a member of the board in accordance with subsection (d).
(B) The executive officer of the board shall promptly notify, or cause to be notified, the appointing authority of any member who fails to satisfy the attendance requirement as prescribed in subdivision (f)(2)(A).
(g) The division, as provided for in § 68-1-101 , is the administrative agency for the board of examiners for nursing home administrators.
Amended by 2024 Tenn. Acts, ch. 932,s 16, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 932,s 15, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 932,s 14, eff. 7/1/2024.
Amended by 2016 Tenn. Acts, ch. 611, s 3, eff. 3/22/2016.
Acts 1970, ch. 565, § 2; 1971, ch. 81, § 4; 1972, ch. 574, §§1, 2; 1976, ch. 806, § 1(121); 1979, ch. 118, § 1; 1980, ch. 587, § 1; T.C.A., § 63-1602; Acts 1983, ch. 40, § 1; 1988, ch. 1013, § 54; 1990, ch. 1042, §§3-5; 2012 , ch. 721, §§ 3, 4.
Tenn. Code Ann. § 63-6-303 — TN Code / Title 63 / Chapter 6 / Section 63-6-303
Manufacturer permitted to provide investigational drug, biological product, or device to eligible patient - Conditions
Status: in_force

(a) A manufacturer of an investigational drug, biological product, or device may make available, and an eligible patient may request, the manufacturer's investigational drug, biological product, or device under this part; provided, that this part does not require that a manufacturer make available an investigational drug, biological product, or device to an eligible patient. (b) A manufacturer may do all of the following: (1) Provide an investigational drug, biological product, or device to an eligible patient without receiving compensation; and (2) Require an eligible patient to pay the costs of, or the costs associated with, the manufacture of the investigational drug, biological product, or device. Added by 2015 Tenn. Acts, ch. 376, s 1, eff. 7/1/2015.
(a) A manufacturer of an investigational drug, biological product, or device may make available, and an eligible patient may request, the manufacturer's investigational drug, biological product, or device under this part; provided, that this part does not require that a manufacturer make available an investigational drug, biological product, or device to an eligible patient.
(b) A manufacturer may do all of the following: (1) Provide an investigational drug, biological product, or device to an eligible patient without receiving compensation; and (2) Require an eligible patient to pay the costs of, or the costs associated with, the manufacture of the investigational drug, biological product, or device.
(1) Provide an investigational drug, biological product, or device to an eligible patient without receiving compensation; and
(2) Require an eligible patient to pay the costs of, or the costs associated with, the manufacture of the investigational drug, biological product, or device.
Added by 2015 Tenn. Acts, ch. 376, s 1, eff. 7/1/2015.
Tenn. Code Ann. § 63-22-110 — TN Code / Title 63 / Chapter 22 / Section 63-22-110
Denial, withholding, restricting or revoking licensure or certification - Disciplinary actions - Unprofessional conduct
Status: in_force

(a) The board has the power to: (1) Deny an application for a license to any applicant who applies for the same through reciprocity or otherwise; (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 license or certificate holder 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 such power includes, but is not limited to, the following: (1) Conviction of a felony; (2) Using fraud or deception in applying for a license or certificate or in taking an examination required by this part; (3) Violating the rules and regulations adopted by the board, except that a violation of A.11.b of the 2014 American Counseling Association Code of Ethics, or any similar or successor provision, shall not be grounds upon which the board shall exercise its powers pursuant to subsection (a); provided, however, that a violation of A.11.b shall be a ground for the board to exercise these powers in cases involving an individual seeking or undergoing counseling where the individual was in imminent danger of harming themselves or others; or (4) Engaging in professional misconduct, unethical or unprofessional conduct, including, but not limited to, willful acts, negligence and conduct likely to deceive, defraud or harm the public or engaged in such conduct. (c) The board has the power to: (1) Deny an application for a license to any marital and family therapist applicant who applies for the same through reciprocity or otherwise where the applicant does not meet the standards in this part; (2) Permanently or temporarily withhold issuance of a marital and family therapist license where the applicant does not meet the standards in this part; (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 license holder or certificate holder as the board in its discretion may deem proper; or (5) Permanently revoke a license or certificate. (d) 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 36, eff. 7/1/2018. Amended by 2016 Tenn. Acts, ch. 926, s 2, eff. 4/27/2016. Acts 1984, ch. 933, § 11; 1991, ch. 141, §§ 11, 12; 1991, ch. 421, § 16.
(a) The board has the power to: (1) Deny an application for a license to any applicant who applies for the same through reciprocity or otherwise; (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 license or certificate holder as the board in its discretion may deem proper; or (5) Permanently revoke a license or certificate.
(1) Deny an application for a license to any applicant who applies for the same through reciprocity or otherwise;
(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 license or certificate holder 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 such power includes, but is not limited to, the following: (1) Conviction of a felony; (2) Using fraud or deception in applying for a license or certificate or in taking an examination required by this part; (3) Violating the rules and regulations adopted by the board, except that a violation of A.11.b of the 2014 American Counseling Association Code of Ethics, or any similar or successor provision, shall not be grounds upon which the board shall exercise its powers pursuant to subsection (a); provided, however, that a violation of A.11.b shall be a ground for the board to exercise these powers in cases involving an individual seeking or undergoing counseling where the individual was in imminent danger of harming themselves or others; or (4) Engaging in professional misconduct, unethical or unprofessional conduct, including, but not limited to, willful acts, negligence and conduct likely to deceive, defraud or harm the public or engaged in such conduct.
(1) Conviction of a felony;
(2) Using fraud or deception in applying for a license or certificate or in taking an examination required by this part;
(3) Violating the rules and regulations adopted by the board, except that a violation of A.11.b of the 2014 American Counseling Association Code of Ethics, or any similar or successor provision, shall not be grounds upon which the board shall exercise its powers pursuant to subsection (a); provided, however, that a violation of A.11.b shall be a ground for the board to exercise these powers in cases involving an individual seeking or undergoing counseling where the individual was in imminent danger of harming themselves or others; or
(4) Engaging in professional misconduct, unethical or unprofessional conduct, including, but not limited to, willful acts, negligence and conduct likely to deceive, defraud or harm the public or engaged in such conduct.
(c) The board has the power to: (1) Deny an application for a license to any marital and family therapist applicant who applies for the same through reciprocity or otherwise where the applicant does not meet the standards in this part; (2) Permanently or temporarily withhold issuance of a marital and family therapist license where the applicant does not meet the standards in this part; (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 license holder or certificate holder as the board in its discretion may deem proper; or (5) Permanently revoke a license or certificate.
(1) Deny an application for a license to any marital and family therapist applicant who applies for the same through reciprocity or otherwise where the applicant does not meet the standards in this part;
(2) Permanently or temporarily withhold issuance of a marital and family therapist license where the applicant does not meet the standards in this part;
(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 license holder or certificate holder as the board in its discretion may deem proper; or
(5) Permanently revoke a license or certificate.
(d) 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 36, eff. 7/1/2018.
Amended by 2016 Tenn. Acts, ch. 926, s 2, eff. 4/27/2016.
Acts 1984, ch. 933, § 11; 1991, ch. 141, §§ 11, 12; 1991, ch. 421, § 16.
Tenn. Code Ann. § 63-8-114 — TN Code / Title 63 / Chapter 8 / Section 63-8-114
Exemptions
Status: in_force

Nothing in this chapter shall be construed: (1) As applying to medical doctors and doctors of osteopathic medicine lawfully entitled to practice their profession in this state; (2) As applying to an optometric faculty member licensed in another state and employed full time by an accredited school or college of optometry in this state; provided, that the practice of the faculty member is limited and is incidental to the faculty member's employment at the accredited school or college of optometry in the state of Tennessee. An optometry faculty member is limited to the scope of such member's license unless the member has passed an examination or a standardized examination that has been utilized by the therapeutic certification panel. An optometric faculty member may not practice beyond the scope of a fully certified Tennessee optometrist. This shall not be construed as a grant of permission for the optometric faculty member to engage in the private practice of optometry in any form. It is the responsibility of the dean of the school or college of optometry to apply to the board for an exemption for each such faculty member; (3) To prevent persons, firms and corporations from selling ophthalmic lenses or ophthalmic products at wholesale in a permanently established place of business on prescription to those who are legally qualified to prescribe them, nor to prevent an optical mechanic from doing the merely mechanical work upon such lenses or frames or fitting thereof nor to prevent the wholesale house from selling ready-to-wear eyeglasses or spectacles as merchandise, at wholesale, to merchants for the purpose of resale as merchandise, when neither the wholesaler nor purchaser to whom the wholesaler sells practices optometry; (4) To prevent a retail merchant from selling ready-to-wear spectacles or eyeglasses if such merchant does not assist the customer in fitting or selecting such products or otherwise engage in the practice of optometry; however, contact lenses, with or without prescription power, may not be ordered, sold or dispensed by a retail merchant; (5) To prevent licensed dispensing opticians from preparing, adapting and dispensing ophthalmic materials within the scope of their lawful practice; or (6) (A) To prohibit a charitable clinic from employing or contracting with an optometrist; provided, that the contractual relationship between the optometrist and the charitable clinic is evidenced by a written contract, job description, or documentation, containing language that does not restrict the optometrist from exercising independent professional judgment in the practice of optometry; (B) For the purposes of this subdivision (6), the term "charitable clinic" means an entity that meets the following standards: (i) Has received a determination of exemption from the internal revenue service under 26 U.S.C. § 501(c)(3) or is a distinct part of an entity that has received such a determination of exemption; (ii) Has clinical facilities located in this state; (iii) Has a primary mission to provide health care or dental care services to low-income, uninsured, or underserved individuals; (iv) Provides one (1) or more of the following services for free or at a discounted rate: (a) Medical care; (b) Dental care; (c) Mental health care; or (d) Prescription medications; (v) Utilizes volunteer healthcare professionals and nonclinical volunteers; and (vi) Is not required to be licensed under § 68-11-202(a)(1) . Amended by 2016 Tenn. Acts, ch. 766, s 3, eff. 4/19/2016. Acts 1925, ch. 99, § 3; Shan. Supp., § 3654a11; Code 1932, §7028; Acts 1935, ch. 129, § 2; 1939, ch. 90, §§ 1, 3; mod. C. Supp. 1950, § 7041.1 (Williams, § 7028); Acts 1967, ch. 84, §2; 1979, ch. 406, §§ 19, 20; T.C.A. (orig. ed.), §63-816; Acts 1989, ch. 428, § 8; 1994, ch. 901, § 4; 2005, ch. 4, § 3.
Nothing in this chapter shall be construed:
(1) As applying to medical doctors and doctors of osteopathic medicine lawfully entitled to practice their profession in this state;
(2) As applying to an optometric faculty member licensed in another state and employed full time by an accredited school or college of optometry in this state; provided, that the practice of the faculty member is limited and is incidental to the faculty member's employment at the accredited school or college of optometry in the state of Tennessee. An optometry faculty member is limited to the scope of such member's license unless the member has passed an examination or a standardized examination that has been utilized by the therapeutic certification panel. An optometric faculty member may not practice beyond the scope of a fully certified Tennessee optometrist. This shall not be construed as a grant of permission for the optometric faculty member to engage in the private practice of optometry in any form. It is the responsibility of the dean of the school or college of optometry to apply to the board for an exemption for each such faculty member;
(3) To prevent persons, firms and corporations from selling ophthalmic lenses or ophthalmic products at wholesale in a permanently established place of business on prescription to those who are legally qualified to prescribe them, nor to prevent an optical mechanic from doing the merely mechanical work upon such lenses or frames or fitting thereof nor to prevent the wholesale house from selling ready-to-wear eyeglasses or spectacles as merchandise, at wholesale, to merchants for the purpose of resale as merchandise, when neither the wholesaler nor purchaser to whom the wholesaler sells practices optometry;
(4) To prevent a retail merchant from selling ready-to-wear spectacles or eyeglasses if such merchant does not assist the customer in fitting or selecting such products or otherwise engage in the practice of optometry; however, contact lenses, with or without prescription power, may not be ordered, sold or dispensed by a retail merchant;
(5) To prevent licensed dispensing opticians from preparing, adapting and dispensing ophthalmic materials within the scope of their lawful practice; or
(6) (A) To prohibit a charitable clinic from employing or contracting with an optometrist; provided, that the contractual relationship between the optometrist and the charitable clinic is evidenced by a written contract, job description, or documentation, containing language that does not restrict the optometrist from exercising independent professional judgment in the practice of optometry; (B) For the purposes of this subdivision (6), the term "charitable clinic" means an entity that meets the following standards: (i) Has received a determination of exemption from the internal revenue service under 26 U.S.C. § 501(c)(3) or is a distinct part of an entity that has received such a determination of exemption; (ii) Has clinical facilities located in this state; (iii) Has a primary mission to provide health care or dental care services to low-income, uninsured, or underserved individuals; (iv) Provides one (1) or more of the following services for free or at a discounted rate: (a) Medical care; (b) Dental care; (c) Mental health care; or (d) Prescription medications; (v) Utilizes volunteer healthcare professionals and nonclinical volunteers; and (vi) Is not required to be licensed under § 68-11-202(a)(1) .
(A) To prohibit a charitable clinic from employing or contracting with an optometrist; provided, that the contractual relationship between the optometrist and the charitable clinic is evidenced by a written contract, job description, or documentation, containing language that does not restrict the optometrist from exercising independent professional judgment in the practice of optometry;
(B) For the purposes of this subdivision (6), the term "charitable clinic" means an entity that meets the following standards: (i) Has received a determination of exemption from the internal revenue service under 26 U.S.C. § 501(c)(3) or is a distinct part of an entity that has received such a determination of exemption; (ii) Has clinical facilities located in this state; (iii) Has a primary mission to provide health care or dental care services to low-income, uninsured, or underserved individuals; (iv) Provides one (1) or more of the following services for free or at a discounted rate: (a) Medical care; (b) Dental care; (c) Mental health care; or (d) Prescription medications; (v) Utilizes volunteer healthcare professionals and nonclinical volunteers; and (vi) Is not required to be licensed under § 68-11-202(a)(1) .
(i) Has received a determination of exemption from the internal revenue service under 26 U.S.C. § 501(c)(3) or is a distinct part of an entity that has received such a determination of exemption;
(ii) Has clinical facilities located in this state;
(iii) Has a primary mission to provide health care or dental care services to low-income, uninsured, or underserved individuals;
(iv) Provides one (1) or more of the following services for free or at a discounted rate: (a) Medical care; (b) Dental care; (c) Mental health care; or (d) Prescription medications;
(a) Medical care;
(b) Dental care;
(c) Mental health care; or
(d) Prescription medications;
(v) Utilizes volunteer healthcare professionals and nonclinical volunteers; and
(vi) Is not required to be licensed under § 68-11-202(a)(1) .
Amended by 2016 Tenn. Acts, ch. 766, s 3, eff. 4/19/2016.
Acts 1925, ch. 99, § 3; Shan. Supp., § 3654a11; Code 1932, §7028; Acts 1935, ch. 129, § 2; 1939, ch. 90, §§ 1, 3; mod. C. Supp. 1950, § 7041.1 (Williams, § 7028); Acts 1967, ch. 84, §2; 1979, ch. 406, §§ 19, 20; T.C.A. (orig. ed.), §63-816; Acts 1989, ch. 428, § 8; 1994, ch. 901, § 4; 2005, ch. 4, § 3.
Tenn. Code Ann. § 63-6-205 — TN Code / Title 63 / Chapter 6 / Section 63-6-205
Practice of naturopathy
Status: in_force

(a) It is unlawful for any person to practice naturopathy in this state. (b) "Naturopathy" means nature cure or health by natural methods and is defined as the prevention, diagnosis and treatment of human injuries, ailments and disease by the use of such physical forces as air, light, water, vibration, heat, electricity, hydrotherapy, psychotherapy, dietetics or massage and the administration of botanical and biological drugs. (c) In no event shall naturopathy mean the sale of herbs or natural health information exchanges provided as a service so long as: (1) The sale or provision of information exchanges is not conducted for the purpose of the prevention, diagnosis or treatment of any physical ailment or physical injury to or deformity of another; and (2) In any instance involving natural health information exchanges, the seller obtains a signed acknowledgement from the buyer that the seller is neither a licensed practitioner of the healing arts in this state, nor meets the recognized qualification criteria that would allow the provision of any form of diagnosis, treatment recommendation or medical care in this state. For the purposes of meeting the requirements of this section, the seller shall keep the signed acknowledgement from the buyer on file for a period of three (3) years. (d) A violation of this section is a Class B misdemeanor. (e) This section does not apply to persons who comply with the regulatory laws of the state with respect to the practice of the various healing arts. Acts 1947, ch. 2, §§ 1, 2; mod. C. Supp. 1950, § 6940.1 (Williams, § 7025.4); T.C.A. (orig. ed.), § 63-609; Acts 1989, ch. 591, § 112; 2009 , ch. 416, § 1; 2012 , ch. 745, § 1.
(a) It is unlawful for any person to practice naturopathy in this state.
(b) "Naturopathy" means nature cure or health by natural methods and is defined as the prevention, diagnosis and treatment of human injuries, ailments and disease by the use of such physical forces as air, light, water, vibration, heat, electricity, hydrotherapy, psychotherapy, dietetics or massage and the administration of botanical and biological drugs.
(c) In no event shall naturopathy mean the sale of herbs or natural health information exchanges provided as a service so long as: (1) The sale or provision of information exchanges is not conducted for the purpose of the prevention, diagnosis or treatment of any physical ailment or physical injury to or deformity of another; and (2) In any instance involving natural health information exchanges, the seller obtains a signed acknowledgement from the buyer that the seller is neither a licensed practitioner of the healing arts in this state, nor meets the recognized qualification criteria that would allow the provision of any form of diagnosis, treatment recommendation or medical care in this state. For the purposes of meeting the requirements of this section, the seller shall keep the signed acknowledgement from the buyer on file for a period of three (3) years.
(1) The sale or provision of information exchanges is not conducted for the purpose of the prevention, diagnosis or treatment of any physical ailment or physical injury to or deformity of another; and
(2) In any instance involving natural health information exchanges, the seller obtains a signed acknowledgement from the buyer that the seller is neither a licensed practitioner of the healing arts in this state, nor meets the recognized qualification criteria that would allow the provision of any form of diagnosis, treatment recommendation or medical care in this state. For the purposes of meeting the requirements of this section, the seller shall keep the signed acknowledgement from the buyer on file for a period of three (3) years.
(d) A violation of this section is a Class B misdemeanor.
(e) This section does not apply to persons who comply with the regulatory laws of the state with respect to the practice of the various healing arts.
Acts 1947, ch. 2, §§ 1, 2; mod. C. Supp. 1950, § 6940.1 (Williams, § 7025.4); T.C.A. (orig. ed.), § 63-609; Acts 1989, ch. 591, § 112; 2009 , ch. 416, § 1; 2012 , ch. 745, § 1.
Tenn. Code Ann. § 63-9-115 — TN Code / Title 63 / Chapter 9 / Section 63-9-115
Special volunteer license for practice in free health clinic - Exemption from fees - Renewal
Status: in_force

A physician licensed pursuant to this chapter under a special volunteer license who is a medical practitioner, as defined by § 63-1-201 , engaged in practice at a free health clinic shall not be subject to license fees under this chapter. The board of osteopathic examination may issue a special volunteer license, as such license is defined in § 63-1-201 , to qualified applicants without fee or charge. Such license shall be for a period of two (2) years and may be renewed on a biennial basis. Acts 2004, ch. 579, § 3.
A physician licensed pursuant to this chapter under a special volunteer license who is a medical practitioner, as defined by § 63-1-201 , engaged in practice at a free health clinic shall not be subject to license fees under this chapter. The board of osteopathic examination may issue a special volunteer license, as such license is defined in § 63-1-201 , to qualified applicants without fee or charge. Such license shall be for a period of two (2) years and may be renewed on a biennial basis.
Acts 2004, ch. 579, § 3.
Tenn. Code Ann. § 63-19-209 — TN Code / Title 63 / Chapter 19 / Section 63-19-209
Retired orthopedic physician assistant
Status: in_force

Any person licensed by the board as an orthopedic physician assistant who has retired from such practice in this state shall not be required to biennially renew such person's license as required by this part, if such person files an affidavit on a form furnished by the board. Such affidavit shall state the date on which the person retired from practice and any other information deemed necessary by the board. If such person decides to reengage in practice in this state, such person shall apply for licensure as provided by this part and shall not be liable for payment of licensure renewal fees that accrued during the period of retirement. Acts 1995, ch. 337, § 11; 1997 , ch. 207, § 5.
Any person licensed by the board as an orthopedic physician assistant who has retired from such practice in this state shall not be required to biennially renew such person's license as required by this part, if such person files an affidavit on a form furnished by the board. Such affidavit shall state the date on which the person retired from practice and any other information deemed necessary by the board. If such person decides to reengage in practice in this state, such person shall apply for licensure as provided by this part and shall not be liable for payment of licensure renewal fees that accrued during the period of retirement.
Acts 1995, ch. 337, § 11; 1997 , ch. 207, § 5.
Tenn. Code Ann. § 63-1-126 — TN Code / Title 63 / Chapter 1 / Section 63-1-126
Refusal to submit to drug test or testing positive for any drug violation of practitioner's practice act
Status: in_force

(a) As used in this section: (1) "Confirmed drug test" means a confirmed test as defined in § 50-9-103 ; (2) "Drug" means a drug as defined in § 50-9-103 ; (3) "Employer" means a covered employer, as defined in § 50-9-103 , that is a healthcare facility licensed under title 68, chapter 11, part 2, or any other healthcare employer that employs healthcare practitioners; and (4) "Healthcare practitioner" or "practitioner" means any person required to be licensed, permitted, certified, or authorized: (A) Under this title by a board or committee under the division of health-related boards specified in § 68-1-101(a)(8) , who has humans for patients; or (B) Under title 68, chapter 24, part 6; or (C) Under title 68, chapter 140. (b) A healthcare practitioner violates the practitioner's practice act by refusing to submit to a drug test or testing positive for any drug on any government or private sector preemployment or employer-ordered confirmed drug test for an employer when the practitioner does not have a lawful prescription for using the drug or a valid medical reason for using the drug. (c) (1) (A) If a healthcare practitioner refuses to submit to a drug test or tests positive for any drug on any government or private sector preemployment or employer-ordered confirmed drug test for a covered employer, then this section shall apply to the practitioner. (B) The practitioner shall be given three (3) business days from the time of notification to the practitioner of the confirmed test result to: (i) Produce a lawful prescription for the drug or a valid medical reason for using the drug to the employer; or (ii) Report to the substance abuse peer assistance or treatment program of the appropriate board for the practitioner. (C) So long as the practitioner obtains and maintains the advocacy of the substance abuse peer assistance or treatment program, unless otherwise required by law, the employer is not required to notify the appropriate board for the practitioner of the violation of the practitioner's practice act. (2) (A) Whenever a healthcare practitioner who has been referred by the practitioner's employer or who has self-reported to the substance abuse peer assistance or treatment program of the appropriate board pursuant to subdivision (c)(1) fails to obtain or maintain the advocacy of the program, the program shall report the practitioner to the appropriate board concerning the violation of the practitioner's practice act. (B) (i) So long as the practitioner complies with the terms and conditions of a referral to a substance abuse peer assistance or treatment program, the practitioner's license or certificate shall not be suspended or revoked by the appropriate board for a positive result on a confirmed drug test or a refusal to submit to a drug test. (ii) The board shall suspend the license, certificate, permit, or authorization of a healthcare practitioner who has been referred to the substance abuse peer assistance or treatment program pursuant to this subsection (c) when the practitioner fails to comply with the terms and conditions of the program. (iii) The board is not prohibited from taking any other disciplinary action authorized by law for conduct other than a positive result on a confirmed drug test or a refusal to submit to a drug test. (iv) A substance abuse peer assistance or treatment program shall promptly report any failure of a practitioner who has reported to the program pursuant to this subsection (c) to maintain compliance with the terms and conditions of the program to the appropriate licensing board. (d) Any drug test used for action pursuant to this section shall comply with the requirements of title 50, chapter 9. The employer of the healthcare practitioner shall promptly report, as determined by rule and subject to subsection (c), a practitioner who tests positive for any drug on a confirmed drug test, or who refuses to submit to a drug test, to the department. (e) The commissioner of health is authorized to promulgate rules to effectuate the purposes of this section. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Added by 2017 Tenn. Acts, ch. 481,s 1, eff. 7/1/2017.
(a) As used in this section: (1) "Confirmed drug test" means a confirmed test as defined in § 50-9-103 ; (2) "Drug" means a drug as defined in § 50-9-103 ; (3) "Employer" means a covered employer, as defined in § 50-9-103 , that is a healthcare facility licensed under title 68, chapter 11, part 2, or any other healthcare employer that employs healthcare practitioners; and (4) "Healthcare practitioner" or "practitioner" means any person required to be licensed, permitted, certified, or authorized: (A) Under this title by a board or committee under the division of health-related boards specified in § 68-1-101(a)(8) , who has humans for patients; or (B) Under title 68, chapter 24, part 6; or (C) Under title 68, chapter 140.
(1) "Confirmed drug test" means a confirmed test as defined in § 50-9-103 ;
(2) "Drug" means a drug as defined in § 50-9-103 ;
(3) "Employer" means a covered employer, as defined in § 50-9-103 , that is a healthcare facility licensed under title 68, chapter 11, part 2, or any other healthcare employer that employs healthcare practitioners; and
(4) "Healthcare practitioner" or "practitioner" means any person required to be licensed, permitted, certified, or authorized: (A) Under this title by a board or committee under the division of health-related boards specified in § 68-1-101(a)(8) , who has humans for patients; or (B) Under title 68, chapter 24, part 6; or (C) Under title 68, chapter 140.
(A) Under this title by a board or committee under the division of health-related boards specified in § 68-1-101(a)(8) , who has humans for patients; or
(B) Under title 68, chapter 24, part 6; or
(C) Under title 68, chapter 140.
(b) A healthcare practitioner violates the practitioner's practice act by refusing to submit to a drug test or testing positive for any drug on any government or private sector preemployment or employer-ordered confirmed drug test for an employer when the practitioner does not have a lawful prescription for using the drug or a valid medical reason for using the drug.
(c) (1) (A) If a healthcare practitioner refuses to submit to a drug test or tests positive for any drug on any government or private sector preemployment or employer-ordered confirmed drug test for a covered employer, then this section shall apply to the practitioner. (B) The practitioner shall be given three (3) business days from the time of notification to the practitioner of the confirmed test result to: (i) Produce a lawful prescription for the drug or a valid medical reason for using the drug to the employer; or (ii) Report to the substance abuse peer assistance or treatment program of the appropriate board for the practitioner. (C) So long as the practitioner obtains and maintains the advocacy of the substance abuse peer assistance or treatment program, unless otherwise required by law, the employer is not required to notify the appropriate board for the practitioner of the violation of the practitioner's practice act. (2) (A) Whenever a healthcare practitioner who has been referred by the practitioner's employer or who has self-reported to the substance abuse peer assistance or treatment program of the appropriate board pursuant to subdivision (c)(1) fails to obtain or maintain the advocacy of the program, the program shall report the practitioner to the appropriate board concerning the violation of the practitioner's practice act. (B) (i) So long as the practitioner complies with the terms and conditions of a referral to a substance abuse peer assistance or treatment program, the practitioner's license or certificate shall not be suspended or revoked by the appropriate board for a positive result on a confirmed drug test or a refusal to submit to a drug test. (ii) The board shall suspend the license, certificate, permit, or authorization of a healthcare practitioner who has been referred to the substance abuse peer assistance or treatment program pursuant to this subsection (c) when the practitioner fails to comply with the terms and conditions of the program. (iii) The board is not prohibited from taking any other disciplinary action authorized by law for conduct other than a positive result on a confirmed drug test or a refusal to submit to a drug test. (iv) A substance abuse peer assistance or treatment program shall promptly report any failure of a practitioner who has reported to the program pursuant to this subsection (c) to maintain compliance with the terms and conditions of the program to the appropriate licensing board.
(1) (A) If a healthcare practitioner refuses to submit to a drug test or tests positive for any drug on any government or private sector preemployment or employer-ordered confirmed drug test for a covered employer, then this section shall apply to the practitioner. (B) The practitioner shall be given three (3) business days from the time of notification to the practitioner of the confirmed test result to: (i) Produce a lawful prescription for the drug or a valid medical reason for using the drug to the employer; or (ii) Report to the substance abuse peer assistance or treatment program of the appropriate board for the practitioner. (C) So long as the practitioner obtains and maintains the advocacy of the substance abuse peer assistance or treatment program, unless otherwise required by law, the employer is not required to notify the appropriate board for the practitioner of the violation of the practitioner's practice act.
(A) If a healthcare practitioner refuses to submit to a drug test or tests positive for any drug on any government or private sector preemployment or employer-ordered confirmed drug test for a covered employer, then this section shall apply to the practitioner.
(B) The practitioner shall be given three (3) business days from the time of notification to the practitioner of the confirmed test result to: (i) Produce a lawful prescription for the drug or a valid medical reason for using the drug to the employer; or (ii) Report to the substance abuse peer assistance or treatment program of the appropriate board for the practitioner.
(i) Produce a lawful prescription for the drug or a valid medical reason for using the drug to the employer; or
(ii) Report to the substance abuse peer assistance or treatment program of the appropriate board for the practitioner.
(C) So long as the practitioner obtains and maintains the advocacy of the substance abuse peer assistance or treatment program, unless otherwise required by law, the employer is not required to notify the appropriate board for the practitioner of the violation of the practitioner's practice act.
(2) (A) Whenever a healthcare practitioner who has been referred by the practitioner's employer or who has self-reported to the substance abuse peer assistance or treatment program of the appropriate board pursuant to subdivision (c)(1) fails to obtain or maintain the advocacy of the program, the program shall report the practitioner to the appropriate board concerning the violation of the practitioner's practice act. (B) (i) So long as the practitioner complies with the terms and conditions of a referral to a substance abuse peer assistance or treatment program, the practitioner's license or certificate shall not be suspended or revoked by the appropriate board for a positive result on a confirmed drug test or a refusal to submit to a drug test. (ii) The board shall suspend the license, certificate, permit, or authorization of a healthcare practitioner who has been referred to the substance abuse peer assistance or treatment program pursuant to this subsection (c) when the practitioner fails to comply with the terms and conditions of the program. (iii) The board is not prohibited from taking any other disciplinary action authorized by law for conduct other than a positive result on a confirmed drug test or a refusal to submit to a drug test. (iv) A substance abuse peer assistance or treatment program shall promptly report any failure of a practitioner who has reported to the program pursuant to this subsection (c) to maintain compliance with the terms and conditions of the program to the appropriate licensing board.
(A) Whenever a healthcare practitioner who has been referred by the practitioner's employer or who has self-reported to the substance abuse peer assistance or treatment program of the appropriate board pursuant to subdivision (c)(1) fails to obtain or maintain the advocacy of the program, the program shall report the practitioner to the appropriate board concerning the violation of the practitioner's practice act.
(B) (i) So long as the practitioner complies with the terms and conditions of a referral to a substance abuse peer assistance or treatment program, the practitioner's license or certificate shall not be suspended or revoked by the appropriate board for a positive result on a confirmed drug test or a refusal to submit to a drug test. (ii) The board shall suspend the license, certificate, permit, or authorization of a healthcare practitioner who has been referred to the substance abuse peer assistance or treatment program pursuant to this subsection (c) when the practitioner fails to comply with the terms and conditions of the program. (iii) The board is not prohibited from taking any other disciplinary action authorized by law for conduct other than a positive result on a confirmed drug test or a refusal to submit to a drug test. (iv) A substance abuse peer assistance or treatment program shall promptly report any failure of a practitioner who has reported to the program pursuant to this subsection (c) to maintain compliance with the terms and conditions of the program to the appropriate licensing board.
(i) So long as the practitioner complies with the terms and conditions of a referral to a substance abuse peer assistance or treatment program, the practitioner's license or certificate shall not be suspended or revoked by the appropriate board for a positive result on a confirmed drug test or a refusal to submit to a drug test.
(ii) The board shall suspend the license, certificate, permit, or authorization of a healthcare practitioner who has been referred to the substance abuse peer assistance or treatment program pursuant to this subsection (c) when the practitioner fails to comply with the terms and conditions of the program.
(iii) The board is not prohibited from taking any other disciplinary action authorized by law for conduct other than a positive result on a confirmed drug test or a refusal to submit to a drug test.
(iv) A substance abuse peer assistance or treatment program shall promptly report any failure of a practitioner who has reported to the program pursuant to this subsection (c) to maintain compliance with the terms and conditions of the program to the appropriate licensing board.
(d) Any drug test used for action pursuant to this section shall comply with the requirements of title 50, chapter 9. The employer of the healthcare practitioner shall promptly report, as determined by rule and subject to subsection (c), a practitioner who tests positive for any drug on a confirmed drug test, or who refuses to submit to a drug test, to the department.
(e) The commissioner of health is authorized to promulgate rules to effectuate the purposes of this section. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Added by 2017 Tenn. Acts, ch. 481,s 1, eff. 7/1/2017.