Tenn. Code Ann. § 63-12-103 — TN Code / Title 63 / Chapter 12 / Section 63-12-103
Chapter definitions
Status: in_force

As used in this chapter: (1) "Animal" means any animal other than man and includes fowl, birds, reptiles and fish, wild or domestic, living or dead; (2) "Board" means the board of veterinary medical examiners; (3) "Certified animal control agency" means a county or municipal animal shelter, dog pound or animal control agency, private humane society, state, county or municipal law enforcement agency, or any combination thereof, that temporarily houses stray, unwanted or injured animals and that is certified pursuant to this chapter; (4) "Certified animal euthanasia technician" means a person employed by a certified animal control agency who is authorized by the board to humanely euthanize animals by administering such drugs as are designated by the board for such use; (5) "Complainant" means the board or any other person who initiates a proceeding; (6) "Consultation" means when a licensed veterinarian receives advice in person, telephonically, electronically, or by any other method of communication, from a veterinarian licensed in this or any other state, or other person whose expertise, in the opinion of the licensed veterinarian, would benefit a patient. Under all circumstances, the responsibility for the welfare of the patient remains with the licensed veterinarian receiving consultation; (7) "License" means any permit, approval, registration or certificate issued by the board; (8) "Licensed veterinarian" means a person who is validly and currently licensed to practice veterinary medicine in this state; (9) "Licensed veterinary technician" means a person who has successfully completed the examination requirements prescribed by the board and has been issued a license; (10) (A) "Practice of veterinary medicine" means to: (i) Diagnose, treat, correct, change, alleviate, or prevent animal disease, illness, pain, deformity, defect, injury, or other physical, dental, or mental conditions by any method or mode, including: (a) The prescription, dispensing, administration or application of any drug, medicine, biologic, apparatus, anesthetic, or other therapeutic or diagnostic substance or medical or surgical, including cosmetic, technique; (b) The use of complementary, alternative, and integrative therapies; (c) The use of any manual, mechanical, biological, or chemical procedure for the testing of pregnancy, or for the management or treatment of sterility or infertility; (d) The rendering of advice or recommendation by any means including telephonic and other electronic communications with regard to subdivisions (10)(A)(i) (a)-(c) ; and (e) The collection of blood or other samples for the purpose of diagnosing disease or other conditions. This shall not apply to: (1) Any unlicensed personnel employed by the United States department of agriculture or the Tennessee department of agriculture who are engaged in animal disease control programs, or who perform laboratory examinations. This section does not prohibit extension personnel or vocational agriculture teachers from doing educational work that is considered normal to their profession in their government positions; or (2) The removal of an embryo from livestock or companion animal for the purpose of transplanting such embryo into another female animal or for the purpose of cryopreserving such embryo; (ii) Represent, directly or indirectly, publicly or privately, an ability and willingness to do an act described in subdivision (10)(A); and (iii) Use any title, words, abbreviation, or letters in a manner or under circumstances that induce the belief that the person using them is qualified to do any act described in subdivision (10)(A)(i). Such use shall be prima facie evidence of the intention to represent oneself as engaged in the practice of veterinary medicine; (B) The practice of veterinary medicine occurs wherever the patient is at the time services are rendered; (11) "Preceptor" means a person who is a last year student duly enrolled and in good standing in a recognized college of veterinary medicine. Such person's presence in a practice may be as part of a formal preceptorship program of the person's college or as an informal arrangement between the person and a veterinarian licensed by the board. The preceptor must be under direct supervision of such licensed veterinarian; (12) "Responsible supervision" or words of similar purport mean the control, direction and regulation by a licensed veterinarian of the duties involving veterinary services that such veterinarian delegates to such veterinarian's personnel; (13) "School of veterinary medicine" means any veterinary school or college, department of a university or college, legally organized, whose course of study in the art and science of veterinary medicine conforms to the standards required for accreditation by the American Veterinary Medical Association and approved by the board; (14) "Temporary license" means temporary permission to practice veterinary medicine issued pursuant to this chapter; (15) "Unprofessional or unethical conduct," among other things, means any conduct of a character likely to deceive or defraud the public, objectionable advertising, obtaining any fee or compensation by fraud or misrepresentation, sharing office space with any person illegally practicing veterinary medicine, employing either directly or indirectly any unlicensed person to practice veterinary medicine or render any veterinary service except as provided in this chapter or the violation of any rule adopted by the board, which shall provide a code of professional ethics to be followed and carried out by persons licensed under this chapter; (16) "Veterinarian" means a person who has received a doctor of veterinary medicine degree or its equivalent from an approved school or college of veterinary medicine; (17) "Veterinarian-client-patient relationship" means: (A) The veterinarian has assumed responsibility for making clinical judgments regarding the health of the animal and the need for medical treatment, has obtained informed consent, and the client has agreed to follow the veterinarian's instructions; (B) The veterinarian has sufficient knowledge of the animal to initiate at least a general or preliminary diagnosis of the medical condition of the animal; (C) The veterinarian has seen the animal within the last twelve (12) months or is personally acquainted with the keeping and care of the animal, either by virtue of an examination of the animal or by medically appropriate visits to the premises where the animal is maintained within the last twelve (12) months; (D) The veterinarian is readily available or has arranged for emergency coverage for follow-up evaluation in the event of adverse reactions or the failure of the treatment regimen; (E) The veterinarian must maintain medical records as required by the board of veterinary medical examiners; and (F) The veterinarian-client-patient relationship cannot be established or maintained solely by telephone or other electronic means; (18) "Veterinary facility" means a building, place, or mobile unit from which the practice of veterinary medicine is conducted; (19) "Veterinary medicine" includes veterinary surgery, obstetrics, dentistry and all other branches or specialties of veterinary medicine; and (20) "Veterinary technician" means a person who is a graduate of a veterinary technology program accredited by the American Veterinary Medical Association. Amended by 2022 Tenn. Acts, ch. 926, s 2, eff. 7/1/2022. Amended by 2016 Tenn. Acts, ch. 819, s 3, eff. 7/1/2016. Acts 1967, ch. 80, § 3; T.C.A., § 63-1203; Acts 1982, ch. 598, § 1; 1983, ch. 57, § 2; 1997 , ch. 106, § 2; 1999, ch. 375, §§ 1, 2; 2010 , ch. 804, §§ 1, 2.
As used in this chapter:
(1) "Animal" means any animal other than man and includes fowl, birds, reptiles and fish, wild or domestic, living or dead;
(2) "Board" means the board of veterinary medical examiners;
(3) "Certified animal control agency" means a county or municipal animal shelter, dog pound or animal control agency, private humane society, state, county or municipal law enforcement agency, or any combination thereof, that temporarily houses stray, unwanted or injured animals and that is certified pursuant to this chapter;
(4) "Certified animal euthanasia technician" means a person employed by a certified animal control agency who is authorized by the board to humanely euthanize animals by administering such drugs as are designated by the board for such use;
(5) "Complainant" means the board or any other person who initiates a proceeding;
(6) "Consultation" means when a licensed veterinarian receives advice in person, telephonically, electronically, or by any other method of communication, from a veterinarian licensed in this or any other state, or other person whose expertise, in the opinion of the licensed veterinarian, would benefit a patient. Under all circumstances, the responsibility for the welfare of the patient remains with the licensed veterinarian receiving consultation;
(7) "License" means any permit, approval, registration or certificate issued by the board;
(8) "Licensed veterinarian" means a person who is validly and currently licensed to practice veterinary medicine in this state;
(9) "Licensed veterinary technician" means a person who has successfully completed the examination requirements prescribed by the board and has been issued a license;
(10) (A) "Practice of veterinary medicine" means to: (i) Diagnose, treat, correct, change, alleviate, or prevent animal disease, illness, pain, deformity, defect, injury, or other physical, dental, or mental conditions by any method or mode, including: (a) The prescription, dispensing, administration or application of any drug, medicine, biologic, apparatus, anesthetic, or other therapeutic or diagnostic substance or medical or surgical, including cosmetic, technique; (b) The use of complementary, alternative, and integrative therapies; (c) The use of any manual, mechanical, biological, or chemical procedure for the testing of pregnancy, or for the management or treatment of sterility or infertility; (d) The rendering of advice or recommendation by any means including telephonic and other electronic communications with regard to subdivisions (10)(A)(i) (a)-(c) ; and (e) The collection of blood or other samples for the purpose of diagnosing disease or other conditions. This shall not apply to: (1) Any unlicensed personnel employed by the United States department of agriculture or the Tennessee department of agriculture who are engaged in animal disease control programs, or who perform laboratory examinations. This section does not prohibit extension personnel or vocational agriculture teachers from doing educational work that is considered normal to their profession in their government positions; or (2) The removal of an embryo from livestock or companion animal for the purpose of transplanting such embryo into another female animal or for the purpose of cryopreserving such embryo; (ii) Represent, directly or indirectly, publicly or privately, an ability and willingness to do an act described in subdivision (10)(A); and (iii) Use any title, words, abbreviation, or letters in a manner or under circumstances that induce the belief that the person using them is qualified to do any act described in subdivision (10)(A)(i). Such use shall be prima facie evidence of the intention to represent oneself as engaged in the practice of veterinary medicine; (B) The practice of veterinary medicine occurs wherever the patient is at the time services are rendered;
(A) "Practice of veterinary medicine" means to: (i) Diagnose, treat, correct, change, alleviate, or prevent animal disease, illness, pain, deformity, defect, injury, or other physical, dental, or mental conditions by any method or mode, including: (a) The prescription, dispensing, administration or application of any drug, medicine, biologic, apparatus, anesthetic, or other therapeutic or diagnostic substance or medical or surgical, including cosmetic, technique; (b) The use of complementary, alternative, and integrative therapies; (c) The use of any manual, mechanical, biological, or chemical procedure for the testing of pregnancy, or for the management or treatment of sterility or infertility; (d) The rendering of advice or recommendation by any means including telephonic and other electronic communications with regard to subdivisions (10)(A)(i) (a)-(c) ; and (e) The collection of blood or other samples for the purpose of diagnosing disease or other conditions. This shall not apply to: (1) Any unlicensed personnel employed by the United States department of agriculture or the Tennessee department of agriculture who are engaged in animal disease control programs, or who perform laboratory examinations. This section does not prohibit extension personnel or vocational agriculture teachers from doing educational work that is considered normal to their profession in their government positions; or (2) The removal of an embryo from livestock or companion animal for the purpose of transplanting such embryo into another female animal or for the purpose of cryopreserving such embryo; (ii) Represent, directly or indirectly, publicly or privately, an ability and willingness to do an act described in subdivision (10)(A); and (iii) Use any title, words, abbreviation, or letters in a manner or under circumstances that induce the belief that the person using them is qualified to do any act described in subdivision (10)(A)(i). Such use shall be prima facie evidence of the intention to represent oneself as engaged in the practice of veterinary medicine;
(i) Diagnose, treat, correct, change, alleviate, or prevent animal disease, illness, pain, deformity, defect, injury, or other physical, dental, or mental conditions by any method or mode, including: (a) The prescription, dispensing, administration or application of any drug, medicine, biologic, apparatus, anesthetic, or other therapeutic or diagnostic substance or medical or surgical, including cosmetic, technique; (b) The use of complementary, alternative, and integrative therapies; (c) The use of any manual, mechanical, biological, or chemical procedure for the testing of pregnancy, or for the management or treatment of sterility or infertility; (d) The rendering of advice or recommendation by any means including telephonic and other electronic communications with regard to subdivisions (10)(A)(i) (a)-(c) ; and (e) The collection of blood or other samples for the purpose of diagnosing disease or other conditions. This shall not apply to: (1) Any unlicensed personnel employed by the United States department of agriculture or the Tennessee department of agriculture who are engaged in animal disease control programs, or who perform laboratory examinations. This section does not prohibit extension personnel or vocational agriculture teachers from doing educational work that is considered normal to their profession in their government positions; or (2) The removal of an embryo from livestock or companion animal for the purpose of transplanting such embryo into another female animal or for the purpose of cryopreserving such embryo;
(a) The prescription, dispensing, administration or application of any drug, medicine, biologic, apparatus, anesthetic, or other therapeutic or diagnostic substance or medical or surgical, including cosmetic, technique;
(b) The use of complementary, alternative, and integrative therapies;
(c) The use of any manual, mechanical, biological, or chemical procedure for the testing of pregnancy, or for the management or treatment of sterility or infertility;
(d) The rendering of advice or recommendation by any means including telephonic and other electronic communications with regard to subdivisions (10)(A)(i) (a)-(c) ; and
(e) The collection of blood or other samples for the purpose of diagnosing disease or other conditions. This shall not apply to: (1) Any unlicensed personnel employed by the United States department of agriculture or the Tennessee department of agriculture who are engaged in animal disease control programs, or who perform laboratory examinations. This section does not prohibit extension personnel or vocational agriculture teachers from doing educational work that is considered normal to their profession in their government positions; or (2) The removal of an embryo from livestock or companion animal for the purpose of transplanting such embryo into another female animal or for the purpose of cryopreserving such embryo;
(1) Any unlicensed personnel employed by the United States department of agriculture or the Tennessee department of agriculture who are engaged in animal disease control programs, or who perform laboratory examinations. This section does not prohibit extension personnel or vocational agriculture teachers from doing educational work that is considered normal to their profession in their government positions; or
(2) The removal of an embryo from livestock or companion animal for the purpose of transplanting such embryo into another female animal or for the purpose of cryopreserving such embryo;
(ii) Represent, directly or indirectly, publicly or privately, an ability and willingness to do an act described in subdivision (10)(A); and
(iii) Use any title, words, abbreviation, or letters in a manner or under circumstances that induce the belief that the person using them is qualified to do any act described in subdivision (10)(A)(i). Such use shall be prima facie evidence of the intention to represent oneself as engaged in the practice of veterinary medicine;
(B) The practice of veterinary medicine occurs wherever the patient is at the time services are rendered;
(11) "Preceptor" means a person who is a last year student duly enrolled and in good standing in a recognized college of veterinary medicine. Such person's presence in a practice may be as part of a formal preceptorship program of the person's college or as an informal arrangement between the person and a veterinarian licensed by the board. The preceptor must be under direct supervision of such licensed veterinarian;
(12) "Responsible supervision" or words of similar purport mean the control, direction and regulation by a licensed veterinarian of the duties involving veterinary services that such veterinarian delegates to such veterinarian's personnel;
(13) "School of veterinary medicine" means any veterinary school or college, department of a university or college, legally organized, whose course of study in the art and science of veterinary medicine conforms to the standards required for accreditation by the American Veterinary Medical Association and approved by the board;
(14) "Temporary license" means temporary permission to practice veterinary medicine issued pursuant to this chapter;
(15) "Unprofessional or unethical conduct," among other things, means any conduct of a character likely to deceive or defraud the public, objectionable advertising, obtaining any fee or compensation by fraud or misrepresentation, sharing office space with any person illegally practicing veterinary medicine, employing either directly or indirectly any unlicensed person to practice veterinary medicine or render any veterinary service except as provided in this chapter or the violation of any rule adopted by the board, which shall provide a code of professional ethics to be followed and carried out by persons licensed under this chapter;
(16) "Veterinarian" means a person who has received a doctor of veterinary medicine degree or its equivalent from an approved school or college of veterinary medicine;
(17) "Veterinarian-client-patient relationship" means: (A) The veterinarian has assumed responsibility for making clinical judgments regarding the health of the animal and the need for medical treatment, has obtained informed consent, and the client has agreed to follow the veterinarian's instructions; (B) The veterinarian has sufficient knowledge of the animal to initiate at least a general or preliminary diagnosis of the medical condition of the animal; (C) The veterinarian has seen the animal within the last twelve (12) months or is personally acquainted with the keeping and care of the animal, either by virtue of an examination of the animal or by medically appropriate visits to the premises where the animal is maintained within the last twelve (12) months; (D) The veterinarian is readily available or has arranged for emergency coverage for follow-up evaluation in the event of adverse reactions or the failure of the treatment regimen; (E) The veterinarian must maintain medical records as required by the board of veterinary medical examiners; and (F) The veterinarian-client-patient relationship cannot be established or maintained solely by telephone or other electronic means;
(A) The veterinarian has assumed responsibility for making clinical judgments regarding the health of the animal and the need for medical treatment, has obtained informed consent, and the client has agreed to follow the veterinarian's instructions;
(B) The veterinarian has sufficient knowledge of the animal to initiate at least a general or preliminary diagnosis of the medical condition of the animal;
(C) The veterinarian has seen the animal within the last twelve (12) months or is personally acquainted with the keeping and care of the animal, either by virtue of an examination of the animal or by medically appropriate visits to the premises where the animal is maintained within the last twelve (12) months;
(D) The veterinarian is readily available or has arranged for emergency coverage for follow-up evaluation in the event of adverse reactions or the failure of the treatment regimen;
(E) The veterinarian must maintain medical records as required by the board of veterinary medical examiners; and
(F) The veterinarian-client-patient relationship cannot be established or maintained solely by telephone or other electronic means;
(18) "Veterinary facility" means a building, place, or mobile unit from which the practice of veterinary medicine is conducted;
(19) "Veterinary medicine" includes veterinary surgery, obstetrics, dentistry and all other branches or specialties of veterinary medicine; and
(20) "Veterinary technician" means a person who is a graduate of a veterinary technology program accredited by the American Veterinary Medical Association.
Amended by 2022 Tenn. Acts, ch. 926, s 2, eff. 7/1/2022.
Amended by 2016 Tenn. Acts, ch. 819, s 3, eff. 7/1/2016.
Acts 1967, ch. 80, § 3; T.C.A., § 63-1203; Acts 1982, ch. 598, § 1; 1983, ch. 57, § 2; 1997 , ch. 106, § 2; 1999, ch. 375, §§ 1, 2; 2010 , ch. 804, §§ 1, 2.
Tenn. Code Ann. § 63-1-157 — TN Code / Title 63 / Chapter 1 / Section 63-1-157
Statewide collaborative pharmacy practice
Status: in_force

(a) As used in this section: (1) "Chief medical officer" means the chief medical officer for the department of health; (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; and (3) "Opioid antagonist training program" means a training program approved by the department of health related to opioid antagonist therapy. The training program shall include, but not be limited to, proper administration techniques, use, documentation, and quality assurance. (b) (1) The chief medical officer is authorized to implement a statewide collaborative pharmacy practice agreement specific to opioid antagonist therapy with any pharmacist licensed in, and practicing in, this state. (2) A pharmacist licensed in, and practicing in, this state is authorized to dispense an opioid antagonist, in good faith, pursuant to a valid statewide collaborative pharmacy practice agreement executed by the chief medical officer. (3) Under a valid statewide collaborative pharmacy practice agreement authorized by the chief medical officer, an authorized pharmacist may dispense an opioid antagonist to: (A) A person at risk of experiencing a drug-related overdose; (B) A family member, friend, or other person in a position to assist a person at risk of experiencing a drug-related overdose. (4) Before a pharmacist enters into a statewide collaborative pharmacy practice agreement with the chief medical officer for the dispensing of an opioid antagonist, the pharmacist shall be able to provide documentation of completion of an opioid antagonist training program within the previous two (2) years. (5) The pharmacist shall maintain the collaborative pharmacy practice agreement in accordance with the requirements set forth in § 63-10-217 , and this agreement must be made available to the department of health upon request. (6) Any licensed pharmacist acting in good faith and with reasonable care, who dispenses an opioid antagonist to a person the pharmacist believes to be experiencing or at risk of experiencing a drug-related overdose, or who dispenses an opioid antagonist to a family member, friend, or other person in a position to assist a person experiencing or at risk of experiencing a drug-related overdose, is immune from disciplinary or adverse administrative actions under this title for acts or omissions during the dispensation of an opioid antagonist. (7) Any licensed pharmacist who dispenses an opioid antagonist pursuant to subdivision (b)(2) is immune from civil liability in the absence of gross negligence or willful misconduct for actions authorized by this section. (8) The chief medical officer shall be immune from disciplinary or adverse administrative actions under this title, as well as civil liability in the absence of gross negligence or willful misconduct, for acts or omissions during the dispensing of an opioid antagonist by a pharmacist acting pursuant to a collaborative agreement established pursuant to this section. Amended by 2022 Tenn. Acts, ch. 749, s 3, eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 749, s 2, eff. 7/1/2022. Added by 2016 Tenn. Acts, ch. 596, s 1, eff. 3/10/2016.
(a) As used in this section: (1) "Chief medical officer" means the chief medical officer for the department of health; (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; and (3) "Opioid antagonist training program" means a training program approved by the department of health related to opioid antagonist therapy. The training program shall include, but not be limited to, proper administration techniques, use, documentation, and quality assurance.
(1) "Chief medical officer" means the chief medical officer for the department of health;
(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; and
(3) "Opioid antagonist training program" means a training program approved by the department of health related to opioid antagonist therapy. The training program shall include, but not be limited to, proper administration techniques, use, documentation, and quality assurance.
(b) (1) The chief medical officer is authorized to implement a statewide collaborative pharmacy practice agreement specific to opioid antagonist therapy with any pharmacist licensed in, and practicing in, this state. (2) A pharmacist licensed in, and practicing in, this state is authorized to dispense an opioid antagonist, in good faith, pursuant to a valid statewide collaborative pharmacy practice agreement executed by the chief medical officer. (3) Under a valid statewide collaborative pharmacy practice agreement authorized by the chief medical officer, an authorized pharmacist may dispense an opioid antagonist to: (A) A person at risk of experiencing a drug-related overdose; (B) A family member, friend, or other person in a position to assist a person at risk of experiencing a drug-related overdose. (4) Before a pharmacist enters into a statewide collaborative pharmacy practice agreement with the chief medical officer for the dispensing of an opioid antagonist, the pharmacist shall be able to provide documentation of completion of an opioid antagonist training program within the previous two (2) years. (5) The pharmacist shall maintain the collaborative pharmacy practice agreement in accordance with the requirements set forth in § 63-10-217 , and this agreement must be made available to the department of health upon request. (6) Any licensed pharmacist acting in good faith and with reasonable care, who dispenses an opioid antagonist to a person the pharmacist believes to be experiencing or at risk of experiencing a drug-related overdose, or who dispenses an opioid antagonist to a family member, friend, or other person in a position to assist a person experiencing or at risk of experiencing a drug-related overdose, is immune from disciplinary or adverse administrative actions under this title for acts or omissions during the dispensation of an opioid antagonist. (7) Any licensed pharmacist who dispenses an opioid antagonist pursuant to subdivision (b)(2) is immune from civil liability in the absence of gross negligence or willful misconduct for actions authorized by this section. (8) The chief medical officer shall be immune from disciplinary or adverse administrative actions under this title, as well as civil liability in the absence of gross negligence or willful misconduct, for acts or omissions during the dispensing of an opioid antagonist by a pharmacist acting pursuant to a collaborative agreement established pursuant to this section.
(1) The chief medical officer is authorized to implement a statewide collaborative pharmacy practice agreement specific to opioid antagonist therapy with any pharmacist licensed in, and practicing in, this state.
(2) A pharmacist licensed in, and practicing in, this state is authorized to dispense an opioid antagonist, in good faith, pursuant to a valid statewide collaborative pharmacy practice agreement executed by the chief medical officer.
(3) Under a valid statewide collaborative pharmacy practice agreement authorized by the chief medical officer, an authorized pharmacist may dispense an opioid antagonist to: (A) A person at risk of experiencing a drug-related overdose; (B) A family member, friend, or other person in a position to assist a person at risk of experiencing a drug-related overdose.
(A) A person at risk of experiencing a drug-related overdose;
(B) A family member, friend, or other person in a position to assist a person at risk of experiencing a drug-related overdose.
(4) Before a pharmacist enters into a statewide collaborative pharmacy practice agreement with the chief medical officer for the dispensing of an opioid antagonist, the pharmacist shall be able to provide documentation of completion of an opioid antagonist training program within the previous two (2) years.
(5) The pharmacist shall maintain the collaborative pharmacy practice agreement in accordance with the requirements set forth in § 63-10-217 , and this agreement must be made available to the department of health upon request.
(6) Any licensed pharmacist acting in good faith and with reasonable care, who dispenses an opioid antagonist to a person the pharmacist believes to be experiencing or at risk of experiencing a drug-related overdose, or who dispenses an opioid antagonist to a family member, friend, or other person in a position to assist a person experiencing or at risk of experiencing a drug-related overdose, is immune from disciplinary or adverse administrative actions under this title for acts or omissions during the dispensation of an opioid antagonist.
(7) Any licensed pharmacist who dispenses an opioid antagonist pursuant to subdivision (b)(2) is immune from civil liability in the absence of gross negligence or willful misconduct for actions authorized by this section.
(8) The chief medical officer shall be immune from disciplinary or adverse administrative actions under this title, as well as civil liability in the absence of gross negligence or willful misconduct, for acts or omissions during the dispensing of an opioid antagonist by a pharmacist acting pursuant to a collaborative agreement established pursuant to this section.
Amended by 2022 Tenn. Acts, ch. 749, s 3, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 749, s 2, eff. 7/1/2022.
Added by 2016 Tenn. Acts, ch. 596, s 1, eff. 3/10/2016.
Tenn. Code Ann. § 63-1-303 — TN Code / Title 63 / Chapter 1 / Section 63-1-303
Regulation of licensed healthcare practitioners - Rules and regulations
Status: in_force

(a) (1) Each licensed healthcare practitioner who provides services at a pain management clinic shall continue to be regulated only by the board which has issued a license to that practitioner. (2) A licensed health care practitioner shall notify the board that has licensed the practitioner within ten (10) days of starting or ending work at any pain management clinic. (b) On or before October 1, 2011, the commissioner of health, in consultation with the board of medical examiners, the board of osteopathic examination, the board of nursing, and the committee on physician assistants, shall promulgate rules necessary to implement this part, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (c) The rules adopted pursuant to subsection (b) shall address the following topics, among others: (1) The operation of the clinic, including requirements: (A) That patients have current and valid government issued identification or current health insurance card issued by either a government or private carrier; and (B) That providers conduct urine drug screening in accordance with a written drug screening compliance plan as required by rules promulgated by the commissioner of health pursuant to subsection (b); (2) Personnel requirements for the clinic; (3) Training requirements for clinic providers who are regulated by that board; (4) Patient records; (5) Standards to ensure quality of patient care; (6) Infection control; (7) Health and safety requirements; (8) License application and renewal procedures and requirements; (9) Data collection and reporting requirements; (10) Inspections and complaint investigations; and (11) Patient billing procedures. Amended by 2016 Tenn. Acts, ch. 1033,s 8, eff. 7/1/2017. Amended by 2014 Tenn. Acts, ch. 983,s 1, eff. 1/1/2015. Amended by 2014 Tenn. Acts, ch. 700,s 2, eff. 7/1/2014. Amended by 2013 Tenn. Acts, ch. 430,s 8, eff. 5/16/2013. Acts 2011, ch. 340, § 1.
(a) (1) Each licensed healthcare practitioner who provides services at a pain management clinic shall continue to be regulated only by the board which has issued a license to that practitioner. (2) A licensed health care practitioner shall notify the board that has licensed the practitioner within ten (10) days of starting or ending work at any pain management clinic.
(1) Each licensed healthcare practitioner who provides services at a pain management clinic shall continue to be regulated only by the board which has issued a license to that practitioner.
(2) A licensed health care practitioner shall notify the board that has licensed the practitioner within ten (10) days of starting or ending work at any pain management clinic.
(b) On or before October 1, 2011, the commissioner of health, in consultation with the board of medical examiners, the board of osteopathic examination, the board of nursing, and the committee on physician assistants, shall promulgate rules necessary to implement this part, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c) The rules adopted pursuant to subsection (b) shall address the following topics, among others: (1) The operation of the clinic, including requirements: (A) That patients have current and valid government issued identification or current health insurance card issued by either a government or private carrier; and (B) That providers conduct urine drug screening in accordance with a written drug screening compliance plan as required by rules promulgated by the commissioner of health pursuant to subsection (b); (2) Personnel requirements for the clinic; (3) Training requirements for clinic providers who are regulated by that board; (4) Patient records; (5) Standards to ensure quality of patient care; (6) Infection control; (7) Health and safety requirements; (8) License application and renewal procedures and requirements; (9) Data collection and reporting requirements; (10) Inspections and complaint investigations; and (11) Patient billing procedures.
(1) The operation of the clinic, including requirements: (A) That patients have current and valid government issued identification or current health insurance card issued by either a government or private carrier; and (B) That providers conduct urine drug screening in accordance with a written drug screening compliance plan as required by rules promulgated by the commissioner of health pursuant to subsection (b);
(A) That patients have current and valid government issued identification or current health insurance card issued by either a government or private carrier; and
(B) That providers conduct urine drug screening in accordance with a written drug screening compliance plan as required by rules promulgated by the commissioner of health pursuant to subsection (b);
(2) Personnel requirements for the clinic;
(3) Training requirements for clinic providers who are regulated by that board;
(4) Patient records;
(5) Standards to ensure quality of patient care;
(6) Infection control;
(7) Health and safety requirements;
(8) License application and renewal procedures and requirements;
(9) Data collection and reporting requirements;
(10) Inspections and complaint investigations; and
(11) Patient billing procedures.
Amended by 2016 Tenn. Acts, ch. 1033,s 8, eff. 7/1/2017.
Amended by 2014 Tenn. Acts, ch. 983,s 1, eff. 1/1/2015.
Amended by 2014 Tenn. Acts, ch. 700,s 2, eff. 7/1/2014.
Amended by 2013 Tenn. Acts, ch. 430,s 8, eff. 5/16/2013.
Acts 2011, ch. 340, § 1.
Tenn. Code Ann. § 63-25-204 — TN Code / Title 63 / Chapter 25 / Section 63-25-204
[Effective 1/1/2026] Compact privilege
Status: in_force

(a) To exercise the compact privilege under the terms and provisions of the compact, the licensee shall: (1) Satisfy one (1) of the following: (A) Hold a valid current registration that gives the applicant the right to use the term registered dietitian; or (B) Complete all of the following: (i) An education program which is either: (a) A master's degree or doctoral degree that is programmatically accredited by ACEND or by a dietetics accrediting agency recognized by the United States department of education, which the compact commission may by rule determine, and from a college or university accredited at the time of graduation by the appropriate regional accrediting agency recognized by the Council on Higher Education Accreditation and the United States department of education. (b) An academic degree from a college or university in a foreign country equivalent to the degree described in subdivision (a)(1)(B)(i)(a) that is programmatically accredited by ACEND or by a dietetics accrediting agency recognized by the United States department of education, which the compact commission may by rule determine. (ii) A planned, documented, supervised practice experience in dietetics that is programmatically accredited by ACEND or by a dietetics accrediting agency recognized by the United States department of education, which the compact commission may by rule determine, and which involves at least one thousand (1,000) hours of practice experience under the supervision of a registered dietitian or a licensed dietitian; and (iii) Successful completion of either the Registration Examination for Dietitians administered by CDR or a national credentialing examination for dietitians approved by the compact commission by rule; such completion being no more than five (5) years prior to the date of the licensee's application for initial licensure and accompanied by a period of continuous licensure thereafter, all of which may be further governed by the rules of the compact commission; (2) Hold an unencumbered license in the home state; (3) Notify the compact commission that the licensee is seeking a compact privilege within a remote state(s); (4) Pay any applicable fees, including any state fee, for the compact privilege; (5) Meet any jurisprudence requirements established by the remote state(s) in which the licensee is seeking a compact privilege; and (6) Report to the compact commission any adverse action, encumbrance, or restriction on a license taken by any non-member state within thirty (30) days from the date the action is taken. (b) The compact privilege is valid until the expiration date of the home state license. To maintain a compact privilege, renewal of the compact privilege shall be congruent with the renewal of the home state license as the compact commission may define by rule. The licensee must comply with the requirements of subsection (a) to maintain the compact privilege in the remote state(s). (c) A licensee exercising a compact privilege shall adhere to the laws and regulations of the remote state. Licensees shall be responsible for educating themselves on, and complying with, any and all state laws relating to the practice of dietetics in such remote state. (d) Notwithstanding anything to the contrary provided in this compact or state law, a licensee exercising a compact privilege shall not be required to complete continuing education requirements required by a remote state. A licensee exercising a compact privilege is only required to meet any continuing education requirements as required by the home state. Added by 2024 Tenn. Acts, ch. 1025,s 1, eff. 1/1/2026.
(a) To exercise the compact privilege under the terms and provisions of the compact, the licensee shall: (1) Satisfy one (1) of the following: (A) Hold a valid current registration that gives the applicant the right to use the term registered dietitian; or (B) Complete all of the following: (i) An education program which is either: (a) A master's degree or doctoral degree that is programmatically accredited by ACEND or by a dietetics accrediting agency recognized by the United States department of education, which the compact commission may by rule determine, and from a college or university accredited at the time of graduation by the appropriate regional accrediting agency recognized by the Council on Higher Education Accreditation and the United States department of education. (b) An academic degree from a college or university in a foreign country equivalent to the degree described in subdivision (a)(1)(B)(i)(a) that is programmatically accredited by ACEND or by a dietetics accrediting agency recognized by the United States department of education, which the compact commission may by rule determine. (ii) A planned, documented, supervised practice experience in dietetics that is programmatically accredited by ACEND or by a dietetics accrediting agency recognized by the United States department of education, which the compact commission may by rule determine, and which involves at least one thousand (1,000) hours of practice experience under the supervision of a registered dietitian or a licensed dietitian; and (iii) Successful completion of either the Registration Examination for Dietitians administered by CDR or a national credentialing examination for dietitians approved by the compact commission by rule; such completion being no more than five (5) years prior to the date of the licensee's application for initial licensure and accompanied by a period of continuous licensure thereafter, all of which may be further governed by the rules of the compact commission; (2) Hold an unencumbered license in the home state; (3) Notify the compact commission that the licensee is seeking a compact privilege within a remote state(s); (4) Pay any applicable fees, including any state fee, for the compact privilege; (5) Meet any jurisprudence requirements established by the remote state(s) in which the licensee is seeking a compact privilege; and (6) Report to the compact commission any adverse action, encumbrance, or restriction on a license taken by any non-member state within thirty (30) days from the date the action is taken.
(1) Satisfy one (1) of the following: (A) Hold a valid current registration that gives the applicant the right to use the term registered dietitian; or (B) Complete all of the following: (i) An education program which is either: (a) A master's degree or doctoral degree that is programmatically accredited by ACEND or by a dietetics accrediting agency recognized by the United States department of education, which the compact commission may by rule determine, and from a college or university accredited at the time of graduation by the appropriate regional accrediting agency recognized by the Council on Higher Education Accreditation and the United States department of education. (b) An academic degree from a college or university in a foreign country equivalent to the degree described in subdivision (a)(1)(B)(i)(a) that is programmatically accredited by ACEND or by a dietetics accrediting agency recognized by the United States department of education, which the compact commission may by rule determine. (ii) A planned, documented, supervised practice experience in dietetics that is programmatically accredited by ACEND or by a dietetics accrediting agency recognized by the United States department of education, which the compact commission may by rule determine, and which involves at least one thousand (1,000) hours of practice experience under the supervision of a registered dietitian or a licensed dietitian; and (iii) Successful completion of either the Registration Examination for Dietitians administered by CDR or a national credentialing examination for dietitians approved by the compact commission by rule; such completion being no more than five (5) years prior to the date of the licensee's application for initial licensure and accompanied by a period of continuous licensure thereafter, all of which may be further governed by the rules of the compact commission;
(A) Hold a valid current registration that gives the applicant the right to use the term registered dietitian; or
(B) Complete all of the following: (i) An education program which is either: (a) A master's degree or doctoral degree that is programmatically accredited by ACEND or by a dietetics accrediting agency recognized by the United States department of education, which the compact commission may by rule determine, and from a college or university accredited at the time of graduation by the appropriate regional accrediting agency recognized by the Council on Higher Education Accreditation and the United States department of education. (b) An academic degree from a college or university in a foreign country equivalent to the degree described in subdivision (a)(1)(B)(i)(a) that is programmatically accredited by ACEND or by a dietetics accrediting agency recognized by the United States department of education, which the compact commission may by rule determine. (ii) A planned, documented, supervised practice experience in dietetics that is programmatically accredited by ACEND or by a dietetics accrediting agency recognized by the United States department of education, which the compact commission may by rule determine, and which involves at least one thousand (1,000) hours of practice experience under the supervision of a registered dietitian or a licensed dietitian; and (iii) Successful completion of either the Registration Examination for Dietitians administered by CDR or a national credentialing examination for dietitians approved by the compact commission by rule; such completion being no more than five (5) years prior to the date of the licensee's application for initial licensure and accompanied by a period of continuous licensure thereafter, all of which may be further governed by the rules of the compact commission;
(i) An education program which is either: (a) A master's degree or doctoral degree that is programmatically accredited by ACEND or by a dietetics accrediting agency recognized by the United States department of education, which the compact commission may by rule determine, and from a college or university accredited at the time of graduation by the appropriate regional accrediting agency recognized by the Council on Higher Education Accreditation and the United States department of education. (b) An academic degree from a college or university in a foreign country equivalent to the degree described in subdivision (a)(1)(B)(i)(a) that is programmatically accredited by ACEND or by a dietetics accrediting agency recognized by the United States department of education, which the compact commission may by rule determine.
(a) A master's degree or doctoral degree that is programmatically accredited by ACEND or by a dietetics accrediting agency recognized by the United States department of education, which the compact commission may by rule determine, and from a college or university accredited at the time of graduation by the appropriate regional accrediting agency recognized by the Council on Higher Education Accreditation and the United States department of education.
(b) An academic degree from a college or university in a foreign country equivalent to the degree described in subdivision (a)(1)(B)(i)(a) that is programmatically accredited by ACEND or by a dietetics accrediting agency recognized by the United States department of education, which the compact commission may by rule determine.
(ii) A planned, documented, supervised practice experience in dietetics that is programmatically accredited by ACEND or by a dietetics accrediting agency recognized by the United States department of education, which the compact commission may by rule determine, and which involves at least one thousand (1,000) hours of practice experience under the supervision of a registered dietitian or a licensed dietitian; and
(iii) Successful completion of either the Registration Examination for Dietitians administered by CDR or a national credentialing examination for dietitians approved by the compact commission by rule; such completion being no more than five (5) years prior to the date of the licensee's application for initial licensure and accompanied by a period of continuous licensure thereafter, all of which may be further governed by the rules of the compact commission;
(2) Hold an unencumbered license in the home state;
(3) Notify the compact commission that the licensee is seeking a compact privilege within a remote state(s);
(4) Pay any applicable fees, including any state fee, for the compact privilege;
(5) Meet any jurisprudence requirements established by the remote state(s) in which the licensee is seeking a compact privilege; and
(6) Report to the compact commission any adverse action, encumbrance, or restriction on a license taken by any non-member state within thirty (30) days from the date the action is taken.
(b) The compact privilege is valid until the expiration date of the home state license. To maintain a compact privilege, renewal of the compact privilege shall be congruent with the renewal of the home state license as the compact commission may define by rule. The licensee must comply with the requirements of subsection (a) to maintain the compact privilege in the remote state(s).
(c) A licensee exercising a compact privilege shall adhere to the laws and regulations of the remote state. Licensees shall be responsible for educating themselves on, and complying with, any and all state laws relating to the practice of dietetics in such remote state.
(d) Notwithstanding anything to the contrary provided in this compact or state law, a licensee exercising a compact privilege shall not be required to complete continuing education requirements required by a remote state. A licensee exercising a compact privilege is only required to meet any continuing education requirements as required by the home state.
Added by 2024 Tenn. Acts, ch. 1025,s 1, eff. 1/1/2026.
Tenn. Code Ann. § 63-6-214 — TN Code / Title 63 / Chapter 6 / Section 63-6-214
Grounds for license denial, suspension or revocation - Reporting misconduct
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; (3) Suspend, or 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, 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) Unprofessional, dishonorable or unethical conduct; (2) Violation or attempted violation, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate any provision of this chapter or, any lawful order of the board issued pursuant thereto or any criminal statute of this state; (3) Making false statements or representations, being guilty of fraud or deceit in obtaining admission to practice or being guilty of fraud or deceit in the practice of medicine; (4) Gross health care liability or a pattern of continued or repeated health care liability, ignorance, negligence or incompetence in the course of medical practice; (5) Habitual intoxication or personal misuse of any drugs or the use of intoxicating liquors, narcotics, controlled substances, controlled substance analogues or other drugs or stimulants in such manner as to adversely affect the person's ability to practice medicine; (6) Violation of the laws governing abortion; (7) Willfully betraying a professional secret; (8) The advertising of medical business in which untrue or misleading statements are made or causing the publication or circulation of fraudulent advertising relative to any disease, human ailment or conditions; (9) Willful violation of the rules and regulations promulgated by the board of medical examiners to regulate advertising by practitioners who are under the jurisdiction of such board; (10) Conviction of a felony, conviction of any offense under state or federal laws relative to drugs or the practice of medicine, conviction of any offense involving moral turpitude or conviction of any offense for which the person is required to register as a sexual offender or violent sexual offender pursuant to title 40, chapter 39, part 2; (11) Making or signing in one's professional capacity any certificate that is known to be false at the time one makes or signs such certificate; (12) Dispensing, prescribing or otherwise distributing any controlled substance or any other drug not in the course of professional practice, or not in good faith to relieve pain and suffering, or not to cure an ailment, physical infirmity or disease, or in amounts and/or for durations not medically necessary, advisable or justified for a diagnosed condition; (13) Dispensing, prescribing or otherwise distributing to any person a controlled substance or other drug if such person is addicted to the habit of using controlled substances without making a bona fide effort to cure the habit of such patient; (14) Dispensing, prescribing or otherwise distributing any controlled substance, controlled substance analogue or other drug to any person in violation of any law of the state or of the United States; (15) Offering, undertaking or agreeing to cure or treat a disease, injury, ailment or infirmity by a secret means, method, device or instrumentality; (16) Giving or receiving, or aiding or abetting the giving or receiving, of rebates, either directly or indirectly; (17) Engaging in the practice of medicine under a false or assumed name, or the impersonation of another practitioner, or a like, similar or different name; (18) Engaging in the practice of medicine when mentally or physically unable to safely do so; (19) Using radiation in the treatment of any noncancerous disease, disorder or condition of the skin without first adequately warning the patient of the extent of any known risk of cancer associated with such treatment or repetition of such treatment. Receipt of such advance warning shall be acknowledged by signature of the patient or, in the case of a minor, the patient's parent or guardian and shall be retained by the physician for the period prescribed by the board; (20) Disciplinary action against a person licensed to practice medicine by another state or territory of the United States for any acts or omissions that would constitute grounds for discipline of a person licensed in this state. A certified copy of the initial or final order or other equivalent document memorializing the disciplinary action from the disciplining state or territory shall constitute prima facie evidence of violation of this section and be sufficient grounds upon which to deny, restrict or condition licensure or renewal and/or discipline a person licensed in this state; (21) (A) Transferring of patient medical information to a person in another state who is not licensed to practice medicine or osteopathy in the state of Tennessee using any electronic, telephonic or fiber optic means or by any other method if such information is employed to diagnose and/or treat persons physically located within the state of Tennessee; (B) Notwithstanding the provision of subdivision (b)(21)(A), the transfer of such information shall not be prohibited if such information is: (i) To be used for a second opinion requested by a Tennessee licensed medical doctor or osteopathic physician; (ii) To be used by an out-of-state physician for treatment of a person who is seeking treatment out of Tennessee; (iii) Used to determine if such patient is covered by insurance; (iv) Used by a physician in another state to provide occasional academic consultations to a medical school located in Tennessee; (v) Used by insurance or related companies for risk evaluation, utilization review, claims processing and/or evaluation of claimants' rehabilitation, including establishing and administering rehabilitation plans. The establishing and administering of such rehabilitation plans shall not include the diagnosis and/or treatment of persons physically located within Tennessee as prohibited by subdivision (b)(21)(A); or (vi) Used in clinical trials for drugs approved by the food and drug administration; (C) This subdivision (b)(21) does not apply to research hospitals, as defined in § 63-6-204(f)(7)(I) ; (D) This subdivision (b)(21) only applies to X-rays and medical imaging; and (22) No person licensed in this state to practice medicine shall agree or contract with any clinical, bioanalytical or hospital laboratory, wherever located, to pay such laboratory for anatomic pathology services or cytology services and thereafter include such costs in the bill or statement submitted to the patient or any entity or person for payment, unless the practitioner is in compliance with the requirements of § 56-7-1015(g) and discloses on the bill or statement or in writing by a separate disclosure statement in a minimum print size of ten (10) font the name and address of the laboratory and the net amount or amounts paid or to be paid to the laboratory for the anatomic pathology services or cytology services. This subdivision (b)(22) shall not apply to the state or any local government. (c) In enforcing this section, the board shall, upon probable cause, have authority to compel an applicant or licensee to submit to a mental and/or physical examination by a designated committee of at least three (3) practicing physicians, including a psychiatrist where a question of mental condition is involved. The applicant or licensee may have an independent medical practitioner present during such examination, and the applicant may have an independent physical or mental examination, which examination report shall be filed with the board for consideration. The committee will submit a report of its findings to the board, which will then hold a hearing as provided in § 63-6-216 . (d) The board, on its own motion, may investigate any report indicating that a doctor of medicine is or may be in violation of subsection (b). Any doctor of medicine, any medical society or any other person who in good faith reports to the board any information that a doctor of medicine is or may be in violation of subsection (b) shall not be subject to suit for civil damages as a result thereof. (e) Within thirty (30) days after the conviction of a person known to be a physician, licensed or otherwise lawfully practicing within this state or applying to be so licensed or to practice, of a felony under the laws of this state, the clerk of the court of record in which the conviction was entered shall prepare and forward to the board a certified true and correct abstract of record of the court governing the case. The abstract shall include the name and address of the physician or applicant, the nature of the offense committed, the sentence and the judgment of the court. The board shall prepare the form of the abstract and shall distribute copies thereof to all clerks of courts of record within this state with appropriate instruction for preparation and filing. (f) The board shall report within sixty (60) days its action regarding restriction, suspension or revocation of a physician's license, limitation on practice privileges or other disciplinary action of the board against any physician to appropriate federal and state agencies. The board may report any of the above-mentioned disciplinary actions to the Federation of State Medical Boards of the United States and the Tennessee Medical Association. (g) For purposes of actions taken pursuant to subdivisions (b)(4), (12) and (13) or any other subsection in which the standard of care is an issue, any Tennessee licensed physician serving as a board member, hearing officer, designee, arbitrator or mediator is entitled to rely upon that person's own expertise in making determinations concerning the standard of care and is not subject to voir dire concerning such expertise. Expert testimony is not necessary to establish the standard of care. The standard of care for such actions is a statewide standard of minimal competency and practice that does not depend upon expert testimony for its establishment. However, to sustain actions based upon a violation of this standard of care, the board must, in the absence of admissions or other testimony by any respondent or such respondent's agent to the effect that the standard was violated, articulate what the standard of care is in its deliberations. Title 29, chapter 26, and specifically § 29-26-115 , concerning the locality rule, do not apply to actions taken pursuant to this chapter. (h) (1) All materials, documents and other matters relating to, compiled or created pursuant to an investigation conducted by the board's investigators against any health care practitioner under the board's jurisdiction, shall be exempt from the public records act until the filing of a notice of charges. After the filing of a notice of charges, only the information and those materials and documents upon which the charges are based are available for disclosure under the public records act; provided, that the identifying information of the following, as well as all investigator created documents and reports, shall remain confidential at all times unless and until introduced in the proceedings: (A) A complainant; (B) Any witness who requests anonymity; (C) A patient; and (D) Medical records. (2) This section does not modify or limit the prehearing discovery provisions set forth in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. (i) (1) The board may utilize one (1) or more screening panels in its investigative and disciplinary process to assure that complaints filed and investigations conducted are meritorious and to act as a mechanism for diversion to professional peer review organizations and/or impaired professionals associations or foundations of those cases that the board, through established guidelines, deems appropriate; upon diversion, such entities shall retain the same immunity as provided by law for the board. (2) The screening panels shall consist of as many members as the board directs, but shall include at least one (1) but no more than three (3) licensed physicians, who may be members of the board or may serve either voluntarily or through employment by or under contract with the board; (3) The activities of the screening panels and any mediation or arbitration sessions shall not be construed as meetings of an agency for purposes of the open meetings law, compiled in title 8, chapter 44, and, to the extent required by subdivision (h)(2), shall remain confidential. The members of the screening panels, mediators and arbitrators have a deliberative privilege and the same immunity as provided by law for the board and are not subject to deposition or subpoena to testify regarding any matter or issue raised in any contested case, criminal prosecution or civil lawsuit that may result from or be incident to cases processed before them. (j) Notwithstanding any provision of the Uniform Administrative Procedures Act, to the contrary, hearing officers are authorized to and may hear board mediation, arbitration or disciplinary contested cases, but may not issue final orders in contested case matters. Notwithstanding any of the provisions of §§ 4-5-314 and 4-5-315 which may be or are inconsistent, such hearing officers may only issue findings of fact and conclusions of law, which shall be referred directly to the board or a duly constituted panel thereof for final action. The board or duly constituted panel, after hearing testimony and arguments from both parties regarding the appropriate disciplinary action and, if allowed by the board, arguments on any controversy raised by the hearing officer's or designee's order, shall issue a final order to include the imposition of what, if any, disciplinary action is deemed appropriate. Only the board or a duly constituted panel thereof shall have the authority to issue final orders that dispose of a pending contested case regardless of whether the issues resulting in the dispositive action are procedural, substantive, factual or legal. If a hearing officer is not available when a contested case, or any motion filed therein requiring action, is ready and scheduled to be heard or fails to timely prepare findings and conclusions pursuant to board established guidelines, the board or a duly constituted panel thereof may rule on the motions and/or hear the contested case or utilize the record compiled before the hearing officers and prepare its own findings of fact, conclusions of law and then issue a final order. With regard to findings and conclusions issued by the hearing officer, or any mediator or arbitrator, the board or any duly constituted panel thereof that reviews the case may do any of the following: (1) Adopt the hearing officer's, mediator's or arbitrator's findings of fact and conclusions of law, in whole or in part; (2) Make its own findings of fact and conclusions of law, based solely on the record and the expertise of the members of the board or panel, in addition to or in substitution of those made by the hearing officer, mediator or arbitrator; (3) Remand the matter back to the hearing officer, mediator or arbitrator for action consistent with the board or panel findings and conclusions in the matter; or (4) Reverse the hearing officer's, mediator's or arbitrator's findings and/or dismiss the matter entirely. (k) The board retains jurisdiction to modify or refuse to modify, upon request of any party, any of its orders issued pursuant to this section in compliance with procedures established by the board. The board, pursuant to duly promulgated rules, may, whenever a final order is issued after a disciplinary contested case hearing that contains findings that a licensee or other person has violated any provision of this chapter, assess the costs directly related to the prosecution of the case against the licensee or person. (l) Any elected officer of the board, or any duly appointed or elected chair of any panel of the board, or any screening panel, and any hearing officer, arbitrator or mediator has the authority to administer oaths to witnesses and, upon probable cause being established, issue subpoenas for the attendance of witnesses and the production of documents and records. (m) Notwithstanding any provision of this chapter or chapter 9 of this title, or any rule or regulation promulgated thereto to the contrary, it shall not be a violation for a physician or osteopathic physician to prescribe, order, sell or otherwise distribute the Schedule IV drugs fenfluramine, its salts and isomers, and salts of isomers and phentermine, for their currently accepted medical use in the United States. (n) Notwithstanding any provision of this chapter or chapter 9 of this title, or any rule or regulation promulgated thereto to the contrary, whenever a physician is treating obesity in a child who is under eighteen (18) years of age with Schedule IV drugs fenfluramine, its salts and isomers, and salts of isomers and phentermine, the physician shall: (1) Obtain the consent of the child's parent or guardian; and (2) Determine that the child's body mass index (BMI) is at least twenty-seven (27), or is at least twenty-five (25) with co-morbidities, including, but not limited to: (A) Diabetes; (B) Hypertension; (C) Dyslipidemia; (D) Cardiovascular diseases; and (E) Sleep apnea. (o) It is not a violation of this chapter or chapter 9 of this title for a physician or osteopathic physician to prescribe, order, or otherwise distribute, for the purpose of treating binge eating disorder, a drug which is approved by the federal food and drug administration for that indication. Amended by 2016 Tenn. Acts, ch. 952, s 1, eff. 4/27/2016. Acts 1901, ch. 78, § 15; Shan., § 3609a29; Acts 1917, ch. 13, § 1; Code 1932, § 6932; Acts 1939, ch. 66, § 1; impl. am. Acts 1947, ch. 9, §§ 2-4, 9; C. Supp. 1950, § 6932; Acts 1975, ch. 355, § 15; 1976, ch. 630, §§ 1, 2; 1979, ch. 129, §§ 1, 2, 3; 1980, ch. 605, § 3; T.C.A. (orig. ed.), § 63-618; Acts 1993, ch. 206, § 1; 1994, ch. 732, § 3; 1995, ch. 329, §§ 3, 4; 1996, ch. 1043, § 6; 1997 , ch. 236, §§ 2, 3; 1998, ch. 1039, § 1; 1999, ch. 340, §§ 1, 3, 4; 2004, ch. 715, § 1; 2010 , ch. 904, § 1; 2010 , ch. 952, § 2; 2012 , ch. 798, § 37; 2012 , ch. 848, § 71.
(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; (3) Suspend, or 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, as the board in its discretion may deem proper; or (5) Permanently revoke a license.
(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;
(3) Suspend, or 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, 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) Unprofessional, dishonorable or unethical conduct; (2) Violation or attempted violation, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate any provision of this chapter or, any lawful order of the board issued pursuant thereto or any criminal statute of this state; (3) Making false statements or representations, being guilty of fraud or deceit in obtaining admission to practice or being guilty of fraud or deceit in the practice of medicine; (4) Gross health care liability or a pattern of continued or repeated health care liability, ignorance, negligence or incompetence in the course of medical practice; (5) Habitual intoxication or personal misuse of any drugs or the use of intoxicating liquors, narcotics, controlled substances, controlled substance analogues or other drugs or stimulants in such manner as to adversely affect the person's ability to practice medicine; (6) Violation of the laws governing abortion; (7) Willfully betraying a professional secret; (8) The advertising of medical business in which untrue or misleading statements are made or causing the publication or circulation of fraudulent advertising relative to any disease, human ailment or conditions; (9) Willful violation of the rules and regulations promulgated by the board of medical examiners to regulate advertising by practitioners who are under the jurisdiction of such board; (10) Conviction of a felony, conviction of any offense under state or federal laws relative to drugs or the practice of medicine, conviction of any offense involving moral turpitude or conviction of any offense for which the person is required to register as a sexual offender or violent sexual offender pursuant to title 40, chapter 39, part 2; (11) Making or signing in one's professional capacity any certificate that is known to be false at the time one makes or signs such certificate; (12) Dispensing, prescribing or otherwise distributing any controlled substance or any other drug not in the course of professional practice, or not in good faith to relieve pain and suffering, or not to cure an ailment, physical infirmity or disease, or in amounts and/or for durations not medically necessary, advisable or justified for a diagnosed condition; (13) Dispensing, prescribing or otherwise distributing to any person a controlled substance or other drug if such person is addicted to the habit of using controlled substances without making a bona fide effort to cure the habit of such patient; (14) Dispensing, prescribing or otherwise distributing any controlled substance, controlled substance analogue or other drug to any person in violation of any law of the state or of the United States; (15) Offering, undertaking or agreeing to cure or treat a disease, injury, ailment or infirmity by a secret means, method, device or instrumentality; (16) Giving or receiving, or aiding or abetting the giving or receiving, of rebates, either directly or indirectly; (17) Engaging in the practice of medicine under a false or assumed name, or the impersonation of another practitioner, or a like, similar or different name; (18) Engaging in the practice of medicine when mentally or physically unable to safely do so; (19) Using radiation in the treatment of any noncancerous disease, disorder or condition of the skin without first adequately warning the patient of the extent of any known risk of cancer associated with such treatment or repetition of such treatment. Receipt of such advance warning shall be acknowledged by signature of the patient or, in the case of a minor, the patient's parent or guardian and shall be retained by the physician for the period prescribed by the board; (20) Disciplinary action against a person licensed to practice medicine by another state or territory of the United States for any acts or omissions that would constitute grounds for discipline of a person licensed in this state. A certified copy of the initial or final order or other equivalent document memorializing the disciplinary action from the disciplining state or territory shall constitute prima facie evidence of violation of this section and be sufficient grounds upon which to deny, restrict or condition licensure or renewal and/or discipline a person licensed in this state; (21) (A) Transferring of patient medical information to a person in another state who is not licensed to practice medicine or osteopathy in the state of Tennessee using any electronic, telephonic or fiber optic means or by any other method if such information is employed to diagnose and/or treat persons physically located within the state of Tennessee; (B) Notwithstanding the provision of subdivision (b)(21)(A), the transfer of such information shall not be prohibited if such information is: (i) To be used for a second opinion requested by a Tennessee licensed medical doctor or osteopathic physician; (ii) To be used by an out-of-state physician for treatment of a person who is seeking treatment out of Tennessee; (iii) Used to determine if such patient is covered by insurance; (iv) Used by a physician in another state to provide occasional academic consultations to a medical school located in Tennessee; (v) Used by insurance or related companies for risk evaluation, utilization review, claims processing and/or evaluation of claimants' rehabilitation, including establishing and administering rehabilitation plans. The establishing and administering of such rehabilitation plans shall not include the diagnosis and/or treatment of persons physically located within Tennessee as prohibited by subdivision (b)(21)(A); or (vi) Used in clinical trials for drugs approved by the food and drug administration; (C) This subdivision (b)(21) does not apply to research hospitals, as defined in § 63-6-204(f)(7)(I) ; (D) This subdivision (b)(21) only applies to X-rays and medical imaging; and (22) No person licensed in this state to practice medicine shall agree or contract with any clinical, bioanalytical or hospital laboratory, wherever located, to pay such laboratory for anatomic pathology services or cytology services and thereafter include such costs in the bill or statement submitted to the patient or any entity or person for payment, unless the practitioner is in compliance with the requirements of § 56-7-1015(g) and discloses on the bill or statement or in writing by a separate disclosure statement in a minimum print size of ten (10) font the name and address of the laboratory and the net amount or amounts paid or to be paid to the laboratory for the anatomic pathology services or cytology services. This subdivision (b)(22) shall not apply to the state or any local government.
(1) Unprofessional, dishonorable or unethical conduct;
(2) Violation or attempted violation, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate any provision of this chapter or, any lawful order of the board issued pursuant thereto or any criminal statute of this state;
(3) Making false statements or representations, being guilty of fraud or deceit in obtaining admission to practice or being guilty of fraud or deceit in the practice of medicine;
(4) Gross health care liability or a pattern of continued or repeated health care liability, ignorance, negligence or incompetence in the course of medical practice;
(5) Habitual intoxication or personal misuse of any drugs or the use of intoxicating liquors, narcotics, controlled substances, controlled substance analogues or other drugs or stimulants in such manner as to adversely affect the person's ability to practice medicine;
(6) Violation of the laws governing abortion;
(7) Willfully betraying a professional secret;
(8) The advertising of medical business in which untrue or misleading statements are made or causing the publication or circulation of fraudulent advertising relative to any disease, human ailment or conditions;
(9) Willful violation of the rules and regulations promulgated by the board of medical examiners to regulate advertising by practitioners who are under the jurisdiction of such board;
(10) Conviction of a felony, conviction of any offense under state or federal laws relative to drugs or the practice of medicine, conviction of any offense involving moral turpitude or conviction of any offense for which the person is required to register as a sexual offender or violent sexual offender pursuant to title 40, chapter 39, part 2;
(11) Making or signing in one's professional capacity any certificate that is known to be false at the time one makes or signs such certificate;
(12) Dispensing, prescribing or otherwise distributing any controlled substance or any other drug not in the course of professional practice, or not in good faith to relieve pain and suffering, or not to cure an ailment, physical infirmity or disease, or in amounts and/or for durations not medically necessary, advisable or justified for a diagnosed condition;
(13) Dispensing, prescribing or otherwise distributing to any person a controlled substance or other drug if such person is addicted to the habit of using controlled substances without making a bona fide effort to cure the habit of such patient;
(14) Dispensing, prescribing or otherwise distributing any controlled substance, controlled substance analogue or other drug to any person in violation of any law of the state or of the United States;
(15) Offering, undertaking or agreeing to cure or treat a disease, injury, ailment or infirmity by a secret means, method, device or instrumentality;
(16) Giving or receiving, or aiding or abetting the giving or receiving, of rebates, either directly or indirectly;
(17) Engaging in the practice of medicine under a false or assumed name, or the impersonation of another practitioner, or a like, similar or different name;
(18) Engaging in the practice of medicine when mentally or physically unable to safely do so;
(19) Using radiation in the treatment of any noncancerous disease, disorder or condition of the skin without first adequately warning the patient of the extent of any known risk of cancer associated with such treatment or repetition of such treatment. Receipt of such advance warning shall be acknowledged by signature of the patient or, in the case of a minor, the patient's parent or guardian and shall be retained by the physician for the period prescribed by the board;
(20) Disciplinary action against a person licensed to practice medicine by another state or territory of the United States for any acts or omissions that would constitute grounds for discipline of a person licensed in this state. A certified copy of the initial or final order or other equivalent document memorializing the disciplinary action from the disciplining state or territory shall constitute prima facie evidence of violation of this section and be sufficient grounds upon which to deny, restrict or condition licensure or renewal and/or discipline a person licensed in this state;
(21) (A) Transferring of patient medical information to a person in another state who is not licensed to practice medicine or osteopathy in the state of Tennessee using any electronic, telephonic or fiber optic means or by any other method if such information is employed to diagnose and/or treat persons physically located within the state of Tennessee; (B) Notwithstanding the provision of subdivision (b)(21)(A), the transfer of such information shall not be prohibited if such information is: (i) To be used for a second opinion requested by a Tennessee licensed medical doctor or osteopathic physician; (ii) To be used by an out-of-state physician for treatment of a person who is seeking treatment out of Tennessee; (iii) Used to determine if such patient is covered by insurance; (iv) Used by a physician in another state to provide occasional academic consultations to a medical school located in Tennessee; (v) Used by insurance or related companies for risk evaluation, utilization review, claims processing and/or evaluation of claimants' rehabilitation, including establishing and administering rehabilitation plans. The establishing and administering of such rehabilitation plans shall not include the diagnosis and/or treatment of persons physically located within Tennessee as prohibited by subdivision (b)(21)(A); or (vi) Used in clinical trials for drugs approved by the food and drug administration; (C) This subdivision (b)(21) does not apply to research hospitals, as defined in § 63-6-204(f)(7)(I) ; (D) This subdivision (b)(21) only applies to X-rays and medical imaging; and
(A) Transferring of patient medical information to a person in another state who is not licensed to practice medicine or osteopathy in the state of Tennessee using any electronic, telephonic or fiber optic means or by any other method if such information is employed to diagnose and/or treat persons physically located within the state of Tennessee;
(B) Notwithstanding the provision of subdivision (b)(21)(A), the transfer of such information shall not be prohibited if such information is: (i) To be used for a second opinion requested by a Tennessee licensed medical doctor or osteopathic physician; (ii) To be used by an out-of-state physician for treatment of a person who is seeking treatment out of Tennessee; (iii) Used to determine if such patient is covered by insurance; (iv) Used by a physician in another state to provide occasional academic consultations to a medical school located in Tennessee; (v) Used by insurance or related companies for risk evaluation, utilization review, claims processing and/or evaluation of claimants' rehabilitation, including establishing and administering rehabilitation plans. The establishing and administering of such rehabilitation plans shall not include the diagnosis and/or treatment of persons physically located within Tennessee as prohibited by subdivision (b)(21)(A); or (vi) Used in clinical trials for drugs approved by the food and drug administration;
(i) To be used for a second opinion requested by a Tennessee licensed medical doctor or osteopathic physician;
(ii) To be used by an out-of-state physician for treatment of a person who is seeking treatment out of Tennessee;
(iii) Used to determine if such patient is covered by insurance;
(iv) Used by a physician in another state to provide occasional academic consultations to a medical school located in Tennessee;
(v) Used by insurance or related companies for risk evaluation, utilization review, claims processing and/or evaluation of claimants' rehabilitation, including establishing and administering rehabilitation plans. The establishing and administering of such rehabilitation plans shall not include the diagnosis and/or treatment of persons physically located within Tennessee as prohibited by subdivision (b)(21)(A); or
(vi) Used in clinical trials for drugs approved by the food and drug administration;
(C) This subdivision (b)(21) does not apply to research hospitals, as defined in § 63-6-204(f)(7)(I) ;
(D) This subdivision (b)(21) only applies to X-rays and medical imaging; and
(22) No person licensed in this state to practice medicine shall agree or contract with any clinical, bioanalytical or hospital laboratory, wherever located, to pay such laboratory for anatomic pathology services or cytology services and thereafter include such costs in the bill or statement submitted to the patient or any entity or person for payment, unless the practitioner is in compliance with the requirements of § 56-7-1015(g) and discloses on the bill or statement or in writing by a separate disclosure statement in a minimum print size of ten (10) font the name and address of the laboratory and the net amount or amounts paid or to be paid to the laboratory for the anatomic pathology services or cytology services. This subdivision (b)(22) shall not apply to the state or any local government.
(c) In enforcing this section, the board shall, upon probable cause, have authority to compel an applicant or licensee to submit to a mental and/or physical examination by a designated committee of at least three (3) practicing physicians, including a psychiatrist where a question of mental condition is involved. The applicant or licensee may have an independent medical practitioner present during such examination, and the applicant may have an independent physical or mental examination, which examination report shall be filed with the board for consideration. The committee will submit a report of its findings to the board, which will then hold a hearing as provided in § 63-6-216 .
(d) The board, on its own motion, may investigate any report indicating that a doctor of medicine is or may be in violation of subsection (b). Any doctor of medicine, any medical society or any other person who in good faith reports to the board any information that a doctor of medicine is or may be in violation of subsection (b) shall not be subject to suit for civil damages as a result thereof.
(e) Within thirty (30) days after the conviction of a person known to be a physician, licensed or otherwise lawfully practicing within this state or applying to be so licensed or to practice, of a felony under the laws of this state, the clerk of the court of record in which the conviction was entered shall prepare and forward to the board a certified true and correct abstract of record of the court governing the case. The abstract shall include the name and address of the physician or applicant, the nature of the offense committed, the sentence and the judgment of the court. The board shall prepare the form of the abstract and shall distribute copies thereof to all clerks of courts of record within this state with appropriate instruction for preparation and filing.
(f) The board shall report within sixty (60) days its action regarding restriction, suspension or revocation of a physician's license, limitation on practice privileges or other disciplinary action of the board against any physician to appropriate federal and state agencies. The board may report any of the above-mentioned disciplinary actions to the Federation of State Medical Boards of the United States and the Tennessee Medical Association.
(g) For purposes of actions taken pursuant to subdivisions (b)(4), (12) and (13) or any other subsection in which the standard of care is an issue, any Tennessee licensed physician serving as a board member, hearing officer, designee, arbitrator or mediator is entitled to rely upon that person's own expertise in making determinations concerning the standard of care and is not subject to voir dire concerning such expertise. Expert testimony is not necessary to establish the standard of care. The standard of care for such actions is a statewide standard of minimal competency and practice that does not depend upon expert testimony for its establishment. However, to sustain actions based upon a violation of this standard of care, the board must, in the absence of admissions or other testimony by any respondent or such respondent's agent to the effect that the standard was violated, articulate what the standard of care is in its deliberations. Title 29, chapter 26, and specifically § 29-26-115 , concerning the locality rule, do not apply to actions taken pursuant to this chapter.
(h) (1) All materials, documents and other matters relating to, compiled or created pursuant to an investigation conducted by the board's investigators against any health care practitioner under the board's jurisdiction, shall be exempt from the public records act until the filing of a notice of charges. After the filing of a notice of charges, only the information and those materials and documents upon which the charges are based are available for disclosure under the public records act; provided, that the identifying information of the following, as well as all investigator created documents and reports, shall remain confidential at all times unless and until introduced in the proceedings: (A) A complainant; (B) Any witness who requests anonymity; (C) A patient; and (D) Medical records. (2) This section does not modify or limit the prehearing discovery provisions set forth in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3.
(1) All materials, documents and other matters relating to, compiled or created pursuant to an investigation conducted by the board's investigators against any health care practitioner under the board's jurisdiction, shall be exempt from the public records act until the filing of a notice of charges. After the filing of a notice of charges, only the information and those materials and documents upon which the charges are based are available for disclosure under the public records act; provided, that the identifying information of the following, as well as all investigator created documents and reports, shall remain confidential at all times unless and until introduced in the proceedings: (A) A complainant; (B) Any witness who requests anonymity; (C) A patient; and (D) Medical records.
(A) A complainant;
(B) Any witness who requests anonymity;
(C) A patient; and
(D) Medical records.
(2) This section does not modify or limit the prehearing discovery provisions set forth in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3.
(i) (1) The board may utilize one (1) or more screening panels in its investigative and disciplinary process to assure that complaints filed and investigations conducted are meritorious and to act as a mechanism for diversion to professional peer review organizations and/or impaired professionals associations or foundations of those cases that the board, through established guidelines, deems appropriate; upon diversion, such entities shall retain the same immunity as provided by law for the board. (2) The screening panels shall consist of as many members as the board directs, but shall include at least one (1) but no more than three (3) licensed physicians, who may be members of the board or may serve either voluntarily or through employment by or under contract with the board; (3) The activities of the screening panels and any mediation or arbitration sessions shall not be construed as meetings of an agency for purposes of the open meetings law, compiled in title 8, chapter 44, and, to the extent required by subdivision (h)(2), shall remain confidential. The members of the screening panels, mediators and arbitrators have a deliberative privilege and the same immunity as provided by law for the board and are not subject to deposition or subpoena to testify regarding any matter or issue raised in any contested case, criminal prosecution or civil lawsuit that may result from or be incident to cases processed before them.
(1) The board may utilize one (1) or more screening panels in its investigative and disciplinary process to assure that complaints filed and investigations conducted are meritorious and to act as a mechanism for diversion to professional peer review organizations and/or impaired professionals associations or foundations of those cases that the board, through established guidelines, deems appropriate; upon diversion, such entities shall retain the same immunity as provided by law for the board.
(2) The screening panels shall consist of as many members as the board directs, but shall include at least one (1) but no more than three (3) licensed physicians, who may be members of the board or may serve either voluntarily or through employment by or under contract with the board;
(3) The activities of the screening panels and any mediation or arbitration sessions shall not be construed as meetings of an agency for purposes of the open meetings law, compiled in title 8, chapter 44, and, to the extent required by subdivision (h)(2), shall remain confidential. The members of the screening panels, mediators and arbitrators have a deliberative privilege and the same immunity as provided by law for the board and are not subject to deposition or subpoena to testify regarding any matter or issue raised in any contested case, criminal prosecution or civil lawsuit that may result from or be incident to cases processed before them.
(j) Notwithstanding any provision of the Uniform Administrative Procedures Act, to the contrary, hearing officers are authorized to and may hear board mediation, arbitration or disciplinary contested cases, but may not issue final orders in contested case matters. Notwithstanding any of the provisions of §§ 4-5-314 and 4-5-315 which may be or are inconsistent, such hearing officers may only issue findings of fact and conclusions of law, which shall be referred directly to the board or a duly constituted panel thereof for final action. The board or duly constituted panel, after hearing testimony and arguments from both parties regarding the appropriate disciplinary action and, if allowed by the board, arguments on any controversy raised by the hearing officer's or designee's order, shall issue a final order to include the imposition of what, if any, disciplinary action is deemed appropriate. Only the board or a duly constituted panel thereof shall have the authority to issue final orders that dispose of a pending contested case regardless of whether the issues resulting in the dispositive action are procedural, substantive, factual or legal. If a hearing officer is not available when a contested case, or any motion filed therein requiring action, is ready and scheduled to be heard or fails to timely prepare findings and conclusions pursuant to board established guidelines, the board or a duly constituted panel thereof may rule on the motions and/or hear the contested case or utilize the record compiled before the hearing officers and prepare its own findings of fact, conclusions of law and then issue a final order. With regard to findings and conclusions issued by the hearing officer, or any mediator or arbitrator, the board or any duly constituted panel thereof that reviews the case may do any of the following: (1) Adopt the hearing officer's, mediator's or arbitrator's findings of fact and conclusions of law, in whole or in part; (2) Make its own findings of fact and conclusions of law, based solely on the record and the expertise of the members of the board or panel, in addition to or in substitution of those made by the hearing officer, mediator or arbitrator; (3) Remand the matter back to the hearing officer, mediator or arbitrator for action consistent with the board or panel findings and conclusions in the matter; or (4) Reverse the hearing officer's, mediator's or arbitrator's findings and/or dismiss the matter entirely.
(1) Adopt the hearing officer's, mediator's or arbitrator's findings of fact and conclusions of law, in whole or in part;
(2) Make its own findings of fact and conclusions of law, based solely on the record and the expertise of the members of the board or panel, in addition to or in substitution of those made by the hearing officer, mediator or arbitrator;
(3) Remand the matter back to the hearing officer, mediator or arbitrator for action consistent with the board or panel findings and conclusions in the matter; or
(4) Reverse the hearing officer's, mediator's or arbitrator's findings and/or dismiss the matter entirely.
(k) The board retains jurisdiction to modify or refuse to modify, upon request of any party, any of its orders issued pursuant to this section in compliance with procedures established by the board. The board, pursuant to duly promulgated rules, may, whenever a final order is issued after a disciplinary contested case hearing that contains findings that a licensee or other person has violated any provision of this chapter, assess the costs directly related to the prosecution of the case against the licensee or person.
(l) Any elected officer of the board, or any duly appointed or elected chair of any panel of the board, or any screening panel, and any hearing officer, arbitrator or mediator has the authority to administer oaths to witnesses and, upon probable cause being established, issue subpoenas for the attendance of witnesses and the production of documents and records.
(m) Notwithstanding any provision of this chapter or chapter 9 of this title, or any rule or regulation promulgated thereto to the contrary, it shall not be a violation for a physician or osteopathic physician to prescribe, order, sell or otherwise distribute the Schedule IV drugs fenfluramine, its salts and isomers, and salts of isomers and phentermine, for their currently accepted medical use in the United States.
(n) Notwithstanding any provision of this chapter or chapter 9 of this title, or any rule or regulation promulgated thereto to the contrary, whenever a physician is treating obesity in a child who is under eighteen (18) years of age with Schedule IV drugs fenfluramine, its salts and isomers, and salts of isomers and phentermine, the physician shall: (1) Obtain the consent of the child's parent or guardian; and (2) Determine that the child's body mass index (BMI) is at least twenty-seven (27), or is at least twenty-five (25) with co-morbidities, including, but not limited to: (A) Diabetes; (B) Hypertension; (C) Dyslipidemia; (D) Cardiovascular diseases; and (E) Sleep apnea.
(1) Obtain the consent of the child's parent or guardian; and
(2) Determine that the child's body mass index (BMI) is at least twenty-seven (27), or is at least twenty-five (25) with co-morbidities, including, but not limited to: (A) Diabetes; (B) Hypertension; (C) Dyslipidemia; (D) Cardiovascular diseases; and (E) Sleep apnea.
(A) Diabetes;
(B) Hypertension;
(C) Dyslipidemia;
(D) Cardiovascular diseases; and
(E) Sleep apnea.
(o) It is not a violation of this chapter or chapter 9 of this title for a physician or osteopathic physician to prescribe, order, or otherwise distribute, for the purpose of treating binge eating disorder, a drug which is approved by the federal food and drug administration for that indication.
Amended by 2016 Tenn. Acts, ch. 952, s 1, eff. 4/27/2016.
Acts 1901, ch. 78, § 15; Shan., § 3609a29; Acts 1917, ch. 13, § 1; Code 1932, § 6932; Acts 1939, ch. 66, § 1; impl. am. Acts 1947, ch. 9, §§ 2-4, 9; C. Supp. 1950, § 6932; Acts 1975, ch. 355, § 15; 1976, ch. 630, §§ 1, 2; 1979, ch. 129, §§ 1, 2, 3; 1980, ch. 605, § 3; T.C.A. (orig. ed.), § 63-618; Acts 1993, ch. 206, § 1; 1994, ch. 732, § 3; 1995, ch. 329, §§ 3, 4; 1996, ch. 1043, § 6; 1997 , ch. 236, §§ 2, 3; 1998, ch. 1039, § 1; 1999, ch. 340, §§ 1, 3, 4; 2004, ch. 715, § 1; 2010 , ch. 904, § 1; 2010 , ch. 952, § 2; 2012 , ch. 798, § 37; 2012 , ch. 848, § 71.
Tenn. Code Ann. § 63-19-313 — TN Code / Title 63 / Chapter 19 / Section 63-19-313
Construction and severability
Status: in_force

(a) This Compact and the Commission's rulemaking authority shall be liberally construed so as to effectuate the purposes and the implementation and administration of the Compact. Provisions of the Compact expressly authorizing or requiring the promulgation of Rules shall not be construed to limit the Commission's rulemaking authority solely for those purposes. (b) The provisions of this Compact shall be severable and if any phrase, clause, sentence, or provision of this Compact is held by a court of competent jurisdiction to be contrary to the constitution of any Participating State, a State seeking participation in the Compact, or of the United States, or the applicability thereof to any government, agency, person, or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this Compact and the applicability thereof to any other government, agency, person, or circumstance shall not be affected thereby. (c) Notwithstanding subsection (a) or (b), the Commission may deny a State's participation in the Compact or, in accordance with the requirements of § 63-19-311(b) , terminate a Participating State's participation in the Compact, if it determines that a constitutional requirement of a Participating State is, or would be with respect to a State seeking to participate in the Compact, a material departure from the Compact. Otherwise, if this Compact shall be held to be contrary to the constitution of any Participating State, the Compact shall remain in full force and effect as to the remaining Participating States and in full force and effect as to the Participating State affected as to all severable matters. Added by 2024 Tenn. Acts, ch. 1018,s 1, eff. 1/1/2025.
(a) This Compact and the Commission's rulemaking authority shall be liberally construed so as to effectuate the purposes and the implementation and administration of the Compact. Provisions of the Compact expressly authorizing or requiring the promulgation of Rules shall not be construed to limit the Commission's rulemaking authority solely for those purposes.
(b) The provisions of this Compact shall be severable and if any phrase, clause, sentence, or provision of this Compact is held by a court of competent jurisdiction to be contrary to the constitution of any Participating State, a State seeking participation in the Compact, or of the United States, or the applicability thereof to any government, agency, person, or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this Compact and the applicability thereof to any other government, agency, person, or circumstance shall not be affected thereby.
(c) Notwithstanding subsection (a) or (b), the Commission may deny a State's participation in the Compact or, in accordance with the requirements of § 63-19-311(b) , terminate a Participating State's participation in the Compact, if it determines that a constitutional requirement of a Participating State is, or would be with respect to a State seeking to participate in the Compact, a material departure from the Compact. Otherwise, if this Compact shall be held to be contrary to the constitution of any Participating State, the Compact shall remain in full force and effect as to the remaining Participating States and in full force and effect as to the Participating State affected as to all severable matters.
Added by 2024 Tenn. Acts, ch. 1018,s 1, eff. 1/1/2025.
Tenn. Code Ann. § 63-7-118 — TN Code / Title 63 / Chapter 7 / Section 63-7-118
Investigation of applicants for accreditation
Status: in_force

A survey of the institution or institutions and agencies with which the school is to be affiliated shall be made by the executive director or by a qualified nurse appointed for this purpose by the board. The school shall submit a written report to the board. If, in the opinion of the board, the requirements for an approved school are found to be met, the board shall approve such school and designate it as an approved school of nursing. Acts 1967, ch. 78, § 27; T.C.A., § 63-755; Acts 2005, ch. 387, § 11.
A survey of the institution or institutions and agencies with which the school is to be affiliated shall be made by the executive director or by a qualified nurse appointed for this purpose by the board. The school shall submit a written report to the board. If, in the opinion of the board, the requirements for an approved school are found to be met, the board shall approve such school and designate it as an approved school of nursing.
Acts 1967, ch. 78, § 27; T.C.A., § 63-755; Acts 2005, ch. 387, § 11.
Tenn. Code Ann. § 63-27-112 — TN Code / Title 63 / Chapter 27 / Section 63-27-112
Disciplinary sanctions - Complaints of violations - Civil penalties - Use of witnesses
Status: in_force

(a) The board has the power to impose any of the disciplinary sanctions set forth in this section whenever the licensee is found guilty of violating this chapter or committing any of the following acts or offenses: (1) Making false or misleading statements or committing fraud in procuring a license; (2) Immoral, unethical, unprofessional or dishonorable conduct; (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 such manner as to adversely affect the person's ability to practice respiratory care; (4) Conviction of a felony or of any offense involving moral turpitude or of any violation of the drug laws of this 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, any provision of 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 respiratory care 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 respiratory care; (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 respiratory care in this state; provided, further, that a certified copy of the order or other document memorializing the disciplinary action by the other state or territory shall constitute prima facie evidence of a violation of this section; or (11) Any other unprofessional or unethical conduct specified in the rules of the board. (b) Complaints alleging violations of this chapter, or any rule duly promulgated pursuant to § 63-27-104 , shall be filed with the board, shall be referred by the board to the division for investigation, and shall be resolved by the board in accordance with this chapter and the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. A file shall be maintained on each such complaint filed with the board and shall reflect all activities taken by the board and division in response to such complaint. (c) The board may impose one (1) or more of the following penalties for violations of this chapter or any rule duly promulgated pursuant to § 63-27-104 : (1) Denial of an application for licensure; (2) Revocation or suspension of licensure; (3) Imposition of an administrative fine not to exceed five hundred dollars ($500) for each count or separate offense; (4) Placement of the certified respiratory therapist, respiratory assistant or registered respiratory therapist on probation for such length of time and subject to such conditions as the board may specify, including requiring the certified respiratory therapist, respiratory assistant or registered respiratory therapist to submit to treatment, to attend continuing education courses, or to work under the supervision of another certified respiratory therapist or registered respiratory therapist; or (5) Issuance of a reprimand. (d) The board shall be empowered to refuse to reinstate licensure or cause a license to be issued to a person it has deemed unqualified, until such time as it finds that such person has complied with all the terms and conditions set forth in the final order rendered pursuant to subsection (a) and that the respiratory assistant, certified respiratory therapist or registered respiratory therapist is capable of safely engaging in the delivery of respiratory care services. (e) The chair of the board has the authority to administer oaths to witnesses and, upon probable cause being established, to issue subpoenas for the attendance of witnesses and the production of documents and records. (f) An action taken under this section shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 1, part 1 of this title. Amended by 2018 Tenn. Acts, ch. 745, s 41, eff. 7/1/2018. Acts 1986, ch. 610, § 1; 1987, ch. 192, § 8; T.C.A. §63-6-412; Acts 1998, ch. 1106, §§ 13 - 15, 27 - 29, 40, 41, 55; 2000, ch. 621, §§ 2, 3, 9; 2002, ch. 662, §§4, 5; 2012 , ch. 798, §49; 2012 , ch. 848, § 83.
(a) The board has the power to impose any of the disciplinary sanctions set forth in this section whenever the licensee is found guilty of violating this chapter or committing any of the following acts or offenses: (1) Making false or misleading statements or committing fraud in procuring a license; (2) Immoral, unethical, unprofessional or dishonorable conduct; (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 such manner as to adversely affect the person's ability to practice respiratory care; (4) Conviction of a felony or of any offense involving moral turpitude or of any violation of the drug laws of this 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, any provision of 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 respiratory care 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 respiratory care; (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 respiratory care in this state; provided, further, that a certified copy of the order or other document memorializing the disciplinary action by the other state or territory shall constitute prima facie evidence of a violation of this section; or (11) 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) Immoral, unethical, unprofessional or dishonorable conduct;
(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 such manner as to adversely affect the person's ability to practice respiratory care;
(4) Conviction of a felony or of any offense involving moral turpitude or of any violation of the drug laws of this 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, any provision of 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 respiratory care 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 respiratory care;
(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 respiratory care in this state; provided, further, that a certified copy of the order or other document memorializing the disciplinary action by the other state or territory shall constitute prima facie evidence of a violation of this section; or
(11) Any other unprofessional or unethical conduct specified in the rules of the board.
(b) Complaints alleging violations of this chapter, or any rule duly promulgated pursuant to § 63-27-104 , shall be filed with the board, shall be referred by the board to the division for investigation, and shall be resolved by the board in accordance with this chapter and the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. A file shall be maintained on each such complaint filed with the board and shall reflect all activities taken by the board and division in response to such complaint.
(c) The board may impose one (1) or more of the following penalties for violations of this chapter or any rule duly promulgated pursuant to § 63-27-104 : (1) Denial of an application for licensure; (2) Revocation or suspension of licensure; (3) Imposition of an administrative fine not to exceed five hundred dollars ($500) for each count or separate offense; (4) Placement of the certified respiratory therapist, respiratory assistant or registered respiratory therapist on probation for such length of time and subject to such conditions as the board may specify, including requiring the certified respiratory therapist, respiratory assistant or registered respiratory therapist to submit to treatment, to attend continuing education courses, or to work under the supervision of another certified respiratory therapist or registered respiratory therapist; or (5) Issuance of a reprimand.
(1) Denial of an application for licensure;
(2) Revocation or suspension of licensure;
(3) Imposition of an administrative fine not to exceed five hundred dollars ($500) for each count or separate offense;
(4) Placement of the certified respiratory therapist, respiratory assistant or registered respiratory therapist on probation for such length of time and subject to such conditions as the board may specify, including requiring the certified respiratory therapist, respiratory assistant or registered respiratory therapist to submit to treatment, to attend continuing education courses, or to work under the supervision of another certified respiratory therapist or registered respiratory therapist; or
(5) Issuance of a reprimand.
(d) The board shall be empowered to refuse to reinstate licensure or cause a license to be issued to a person it has deemed unqualified, until such time as it finds that such person has complied with all the terms and conditions set forth in the final order rendered pursuant to subsection (a) and that the respiratory assistant, certified respiratory therapist or registered respiratory therapist is capable of safely engaging in the delivery of respiratory care services.
(e) The chair of the board has the authority to administer oaths to witnesses and, upon probable cause being established, to issue subpoenas for the attendance of witnesses and the production of documents and records.
(f) An action taken under this section shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 1, part 1 of this title.
Amended by 2018 Tenn. Acts, ch. 745, s 41, eff. 7/1/2018.
Acts 1986, ch. 610, § 1; 1987, ch. 192, § 8; T.C.A. §63-6-412; Acts 1998, ch. 1106, §§ 13 - 15, 27 - 29, 40, 41, 55; 2000, ch. 621, §§ 2, 3, 9; 2002, ch. 662, §§4, 5; 2012 , ch. 798, §49; 2012 , ch. 848, § 83.
Tenn. Code Ann. § 63-5-122 — TN Code / Title 63 / Chapter 5 / Section 63-5-122
Drug prescriptions
Status: in_force

(a) Licensed dentists of this state may dispense, prescribe or otherwise distribute drugs rational to the practice of dentistry, and any prescriptions shall be written in accordance with state and federal drug laws. (b) Licensed pharmacists of this state may fill prescriptions of licensed dentists of this state for any drug necessary or proper to the practice of dentistry. (c) Any handwritten prescription order for a drug prepared by a dentist who is authorized by law to prescribe a drug must be legible so that it is comprehensible by the pharmacist who fills the prescription. The handwritten prescription order must contain the name of the prescribing dentist, the name and strength of the drug prescribed, the quantity of the drug prescribed, handwritten in letters or in numerals, instructions for the proper use of the drug, and the month and day that the prescription order was issued, recorded in letters or in numerals or a combination thereof. The prescribing dentist must sign the handwritten prescription order on the day it is issued, unless it is a standing order issued in a hospital, a nursing home or an assisted care living facility as defined in § 68-11-201 . (d) Any typed or computer-generated prescription order for a drug issued by a dentist who is authorized by law to prescribe a drug must be legible so that it is comprehensible by the pharmacist who fills the prescription order. The typed or computer generated prescription order must contain the name of the prescribing dentist, the name and strength of the drug prescribed, the quantity of the drug prescribed, recorded in letters or in numerals, instructions for the proper use of the drug, and the month and day that the typed or computer generated prescription order was issued, recorded in letters or in numerals or a combination thereof. The prescribing dentist must sign the typed or computer generated prescription order on the day it is issued, unless it is a standing order issued in a hospital, nursing home or an assisted care living facility as defined in § 68-11-201 . (e) Nothing in this section shall be construed to prevent a dentist from issuing a verbal prescription order. (f) (1) All handwritten, typed or computer-generated prescription orders must be issued on either tamper-resistant prescription paper or printed utilizing a technology that results in a tamper-resistant prescription that meets the current centers for medicare and medicaid service guidance to state medicaid directors regarding § 7002(b) of the United States Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act of 2007, P.L. 110-28, and meets or exceeds specific TennCare requirements for tamper-resistant prescriptions. (2) Subdivision (f)(1) shall not apply to prescriptions written for inpatients of a hospital, outpatients of a hospital where the doctor or other person authorized to write prescriptions writes the order into the hospital medical record and then the order is given directly to the hospital pharmacy and the patient never has the opportunity to handle the written order, a nursing home or an assisted care living facility as defined in § 68-11-201 or inpatients or residents of a mental health hospital or residential facility licensed under title 33 or individuals incarcerated in a local, state or federal correctional facility. Amended by 2018 Tenn. Acts, ch. 883, s 4, eff. 1/1/2019. Amended by 2013 Tenn. Acts, ch. 74, s 3, eff. 4/1/2013. Acts 1957, ch. 32, § 23; 1978, ch. 824, § 16; T.C.A., § 63-551; Acts 2004, ch. 678, §4; 2005, ch. 12, §2; 2008 , ch. 1035, §§3, 9; 2010 , ch. 795, §§ 2, 14.
(a) Licensed dentists of this state may dispense, prescribe or otherwise distribute drugs rational to the practice of dentistry, and any prescriptions shall be written in accordance with state and federal drug laws.
(b) Licensed pharmacists of this state may fill prescriptions of licensed dentists of this state for any drug necessary or proper to the practice of dentistry.
(c) Any handwritten prescription order for a drug prepared by a dentist who is authorized by law to prescribe a drug must be legible so that it is comprehensible by the pharmacist who fills the prescription. The handwritten prescription order must contain the name of the prescribing dentist, the name and strength of the drug prescribed, the quantity of the drug prescribed, handwritten in letters or in numerals, instructions for the proper use of the drug, and the month and day that the prescription order was issued, recorded in letters or in numerals or a combination thereof. The prescribing dentist must sign the handwritten prescription order on the day it is issued, unless it is a standing order issued in a hospital, a nursing home or an assisted care living facility as defined in § 68-11-201 .
(d) Any typed or computer-generated prescription order for a drug issued by a dentist who is authorized by law to prescribe a drug must be legible so that it is comprehensible by the pharmacist who fills the prescription order. The typed or computer generated prescription order must contain the name of the prescribing dentist, the name and strength of the drug prescribed, the quantity of the drug prescribed, recorded in letters or in numerals, instructions for the proper use of the drug, and the month and day that the typed or computer generated prescription order was issued, recorded in letters or in numerals or a combination thereof. The prescribing dentist must sign the typed or computer generated prescription order on the day it is issued, unless it is a standing order issued in a hospital, nursing home or an assisted care living facility as defined in § 68-11-201 .
(e) Nothing in this section shall be construed to prevent a dentist from issuing a verbal prescription order.
(f) (1) All handwritten, typed or computer-generated prescription orders must be issued on either tamper-resistant prescription paper or printed utilizing a technology that results in a tamper-resistant prescription that meets the current centers for medicare and medicaid service guidance to state medicaid directors regarding § 7002(b) of the United States Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act of 2007, P.L. 110-28, and meets or exceeds specific TennCare requirements for tamper-resistant prescriptions. (2) Subdivision (f)(1) shall not apply to prescriptions written for inpatients of a hospital, outpatients of a hospital where the doctor or other person authorized to write prescriptions writes the order into the hospital medical record and then the order is given directly to the hospital pharmacy and the patient never has the opportunity to handle the written order, a nursing home or an assisted care living facility as defined in § 68-11-201 or inpatients or residents of a mental health hospital or residential facility licensed under title 33 or individuals incarcerated in a local, state or federal correctional facility.
(1) All handwritten, typed or computer-generated prescription orders must be issued on either tamper-resistant prescription paper or printed utilizing a technology that results in a tamper-resistant prescription that meets the current centers for medicare and medicaid service guidance to state medicaid directors regarding § 7002(b) of the United States Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act of 2007, P.L. 110-28, and meets or exceeds specific TennCare requirements for tamper-resistant prescriptions.
(2) Subdivision (f)(1) shall not apply to prescriptions written for inpatients of a hospital, outpatients of a hospital where the doctor or other person authorized to write prescriptions writes the order into the hospital medical record and then the order is given directly to the hospital pharmacy and the patient never has the opportunity to handle the written order, a nursing home or an assisted care living facility as defined in § 68-11-201 or inpatients or residents of a mental health hospital or residential facility licensed under title 33 or individuals incarcerated in a local, state or federal correctional facility.
Amended by 2018 Tenn. Acts, ch. 883, s 4, eff. 1/1/2019.
Amended by 2013 Tenn. Acts, ch. 74, s 3, eff. 4/1/2013.
Acts 1957, ch. 32, § 23; 1978, ch. 824, § 16; T.C.A., § 63-551; Acts 2004, ch. 678, §4; 2005, ch. 12, §2; 2008 , ch. 1035, §§3, 9; 2010 , ch. 795, §§ 2, 14.
Tenn. Code Ann. § 63-3-115 — TN Code / Title 63 / Chapter 3 / Section 63-3-115
Renewal of license
Status: in_force

(a) Each person licensed to practice as a podiatrist in this state shall biennially apply to the board for renewal of the person's license and shall pay a renewal fee set by the board. A podiatrist who fails to renew the license by the date of expiration of the license shall not continue to practice as a podiatrist in this state. (b) A podiatrist who fails to timely renew the license may seek reinstatement from the board. The board may reinstate the license upon good cause shown, upon payment of all past due renewal fees and a late renewal fee and upon compliance with any other reasonable conditions imposed by the board. (c) The board may utilize the renewal system described in § 63-1-107 . (d) Any licensed podiatrist who has retired from practice in this state shall not be required to renew the license if the person retired from practice files with the board an affidavit of retirement on a form furnished by the board. The affidavit shall state the date on which the person retired from practice and such other facts as the board deems necessary to verify retirement. If the person thereafter wishes to reenter practice in this state, the person shall apply for license reactivation, pay the reactivation fee set by the board and meet such other reasonable requirements deemed necessary by the board. Acts 1931, ch. 31, § 4; C. Supp. 1950, § 7182.16 (Williams, § 7182.17); Acts 1973, ch. 393, § 12; 1976, ch. 796, § 1; T.C.A. (orig. ed.), § 63-315; Acts 1984, ch. 937, § 13; 1986, ch. 675, § 16; 1989, ch. 523, §§ 67, 68; 2005, ch. 228, § 4.
(a) Each person licensed to practice as a podiatrist in this state shall biennially apply to the board for renewal of the person's license and shall pay a renewal fee set by the board. A podiatrist who fails to renew the license by the date of expiration of the license shall not continue to practice as a podiatrist in this state.
(b) A podiatrist who fails to timely renew the license may seek reinstatement from the board. The board may reinstate the license upon good cause shown, upon payment of all past due renewal fees and a late renewal fee and upon compliance with any other reasonable conditions imposed by the board.
(c) The board may utilize the renewal system described in § 63-1-107 .
(d) Any licensed podiatrist who has retired from practice in this state shall not be required to renew the license if the person retired from practice files with the board an affidavit of retirement on a form furnished by the board. The affidavit shall state the date on which the person retired from practice and such other facts as the board deems necessary to verify retirement. If the person thereafter wishes to reenter practice in this state, the person shall apply for license reactivation, pay the reactivation fee set by the board and meet such other reasonable requirements deemed necessary by the board.
Acts 1931, ch. 31, § 4; C. Supp. 1950, § 7182.16 (Williams, § 7182.17); Acts 1973, ch. 393, § 12; 1976, ch. 796, § 1; T.C.A. (orig. ed.), § 63-315; Acts 1984, ch. 937, § 13; 1986, ch. 675, § 16; 1989, ch. 523, §§ 67, 68; 2005, ch. 228, § 4.
Tenn. Code Ann. § 63-19-307 — TN Code / Title 63 / Chapter 19 / Section 63-19-307
Adverse Actions
Status: in_force

(a) A Participating State in which a Licensee is licensed shall have exclusive power to impose Adverse Action against the Qualifying License issued by that Participating State. (b) In addition to the other powers conferred by State law, a Remote State shall have the authority, in accordance with existing State due process law, to do all of the following: (1) Take Adverse Action against a Physician Assistant's Compact Privilege within that State to remove a Licensee's Compact Privilege or take other action necessary under applicable law to protect the health and safety of its citizens; (2) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a Licensing Board in a Participating State for the attendance and testimony of witnesses or the production of evidence from another Participating State shall be enforced in the latter State by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the State in which the witnesses or evidence are located; (3) Notwithstanding subdivision (b)(2), subpoenas may not be issued by a Participating State to gather evidence of conduct in another State that is lawful in that other State for the purpose of taking Adverse Action against a Licensee's Compact Privilege or application for a Compact Privilege in that Participating State; and (4) Nothing in this Compact authorizes a Participating State to impose discipline against a Physician Assistant's Compact Privilege or to deny an application for a Compact Privilege in that Participating State for the individual's otherwise lawful practice in another State. (c) For purposes of taking Adverse Action, the Participating State which issued the Qualifying License shall give the same priority and effect to reported conduct received from any other Participating State as it would if the conduct had occurred within the Participating State which issued the Qualifying License. In so doing, that Participating State shall apply its own State laws to determine appropriate action. (d) A Participating State, if otherwise permitted by State law, may recover from the affected Physician Assistant the costs of investigations and disposition of cases resulting from any Adverse Action taken against that Physician Assistant. (e) A Participating State may take Adverse Action based on the factual findings of a Remote State; provided, that the Participating State follows its own procedures for taking the Adverse Action. (f) Joint Investigations. (1) In addition to the authority granted to a Participating State by its respective State Physician Assistant laws and regulations or other applicable State law, any Participating State may participate with other Participating States in joint investigations of Licensees. (2) Participating States shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under this Compact. (g) If an Adverse Action is taken against a Physician Assistant's Qualifying License, the Physician Assistant's Compact Privilege in all Remote States shall be deactivated until two (2) years have elapsed after all restrictions have been removed from the State License. All disciplinary orders by the Participating State which issued the Qualifying License that impose Adverse Action against a Physician Assistant's License shall include a Statement that the Physician Assistant's Compact Privilege is deactivated in all Participating States during the pendency of the order. (h) If any Participating State takes Adverse Action, it promptly shall notify the administrator of the Data System. Added by 2024 Tenn. Acts, ch. 1018,s 1, eff. 1/1/2025.
(a) A Participating State in which a Licensee is licensed shall have exclusive power to impose Adverse Action against the Qualifying License issued by that Participating State.
(b) In addition to the other powers conferred by State law, a Remote State shall have the authority, in accordance with existing State due process law, to do all of the following: (1) Take Adverse Action against a Physician Assistant's Compact Privilege within that State to remove a Licensee's Compact Privilege or take other action necessary under applicable law to protect the health and safety of its citizens; (2) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a Licensing Board in a Participating State for the attendance and testimony of witnesses or the production of evidence from another Participating State shall be enforced in the latter State by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the State in which the witnesses or evidence are located; (3) Notwithstanding subdivision (b)(2), subpoenas may not be issued by a Participating State to gather evidence of conduct in another State that is lawful in that other State for the purpose of taking Adverse Action against a Licensee's Compact Privilege or application for a Compact Privilege in that Participating State; and (4) Nothing in this Compact authorizes a Participating State to impose discipline against a Physician Assistant's Compact Privilege or to deny an application for a Compact Privilege in that Participating State for the individual's otherwise lawful practice in another State.
(1) Take Adverse Action against a Physician Assistant's Compact Privilege within that State to remove a Licensee's Compact Privilege or take other action necessary under applicable law to protect the health and safety of its citizens;
(2) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a Licensing Board in a Participating State for the attendance and testimony of witnesses or the production of evidence from another Participating State shall be enforced in the latter State by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the State in which the witnesses or evidence are located;
(3) Notwithstanding subdivision (b)(2), subpoenas may not be issued by a Participating State to gather evidence of conduct in another State that is lawful in that other State for the purpose of taking Adverse Action against a Licensee's Compact Privilege or application for a Compact Privilege in that Participating State; and
(4) Nothing in this Compact authorizes a Participating State to impose discipline against a Physician Assistant's Compact Privilege or to deny an application for a Compact Privilege in that Participating State for the individual's otherwise lawful practice in another State.
(c) For purposes of taking Adverse Action, the Participating State which issued the Qualifying License shall give the same priority and effect to reported conduct received from any other Participating State as it would if the conduct had occurred within the Participating State which issued the Qualifying License. In so doing, that Participating State shall apply its own State laws to determine appropriate action.
(d) A Participating State, if otherwise permitted by State law, may recover from the affected Physician Assistant the costs of investigations and disposition of cases resulting from any Adverse Action taken against that Physician Assistant.
(e) A Participating State may take Adverse Action based on the factual findings of a Remote State; provided, that the Participating State follows its own procedures for taking the Adverse Action.
(f) Joint Investigations. (1) In addition to the authority granted to a Participating State by its respective State Physician Assistant laws and regulations or other applicable State law, any Participating State may participate with other Participating States in joint investigations of Licensees. (2) Participating States shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under this Compact.
(1) In addition to the authority granted to a Participating State by its respective State Physician Assistant laws and regulations or other applicable State law, any Participating State may participate with other Participating States in joint investigations of Licensees.
(2) Participating States shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under this Compact.
(g) If an Adverse Action is taken against a Physician Assistant's Qualifying License, the Physician Assistant's Compact Privilege in all Remote States shall be deactivated until two (2) years have elapsed after all restrictions have been removed from the State License. All disciplinary orders by the Participating State which issued the Qualifying License that impose Adverse Action against a Physician Assistant's License shall include a Statement that the Physician Assistant's Compact Privilege is deactivated in all Participating States during the pendency of the order.
(h) If any Participating State takes Adverse Action, it promptly shall notify the administrator of the Data System.
Added by 2024 Tenn. Acts, ch. 1018,s 1, eff. 1/1/2025.
Tenn. Code Ann. § 63-6-1105 — TN Code / Title 63 / Chapter 6 / Section 63-6-1105
Criminal penalties
Status: in_force

(a) An individual who intentionally, knowingly, or recklessly violates this part commits a Class E felony and, upon conviction, may be fined not more than fifty thousand dollars ($50,000). As used in this subsection (a), "intentional," "knowing," and "reckless" have the same meanings as provided in § 39-11-302 . (b) A criminal penalty shall not be assessed against a patient upon whom a chemical abortion is attempted or performed. Added by 2022 Tenn. Acts, ch. 1001, s 3, eff. 1/1/2023.
(a) An individual who intentionally, knowingly, or recklessly violates this part commits a Class E felony and, upon conviction, may be fined not more than fifty thousand dollars ($50,000). As used in this subsection (a), "intentional," "knowing," and "reckless" have the same meanings as provided in § 39-11-302 .
(b) A criminal penalty shall not be assessed against a patient upon whom a chemical abortion is attempted or performed.
Added by 2022 Tenn. Acts, ch. 1001, s 3, eff. 1/1/2023.
Tenn. Code Ann. § 63-2-102 — TN Code / Title 63 / Chapter 2 / Section 63-2-102
Costs of reproduction, copying or mailing of records
Status: in_force

(a) For records other than those involving workers' compensation cases: (1) The party requesting the patient's medical records in paper format is responsible to the provider or the provider's third-party release of information provider for the reasonable costs of copying and mailing the patient's records. Such reasonable costs must not exceed: (A) Twenty-five dollars ($25.00) for paper copies of medical records five (5) pages or less in length; (B) Fifty cents (50¢) per page for each page copied after the first five (5) pages; (C) The actual cost of mailing; (D) For producing radiology images in hard copy, no more than twenty dollars ($20.00) per printed film; and (E) A certification or notary fee, if certification or notarization is requested, must be charged as a flat fee of twenty dollars ($20.00); (2) The party requesting the patient's records in electronic format is responsible to the provider or the provider's third-party release of information provider for the following fees: (A) The reasonable fees for fulfilling a patient's request for the patient's own records are governed by the Health Insurance Portability and Accountability Act (HIPAA) of 1996 ( 42 U.S.C. § 1320d et seq.), and the Health Information Technology for Economic and Clinical Health (HITECH) Act ( 42 U.S.C. § 201 et seq.), and those acts implementing regulations, which must not exceed the cost of the following: (i) Labor for copying the protected health information requested by the individual; (ii) Supplies for creating the paper copy, or electronic media if the individual requests that the electronic copy be provided on portable media; and (iii) Postage, when the individual has requested the copy or summary or explanation, be mailed; and (B) For all other requesters, the total fees for electronic medical records provided via portable media, electronic mail, or medical record portal, must comply with the following: (i) The total charges must be no more than twenty-five dollars ($25.00) for records ten (10) pages or less in length; (ii) The total charges must be no more than twenty-five cents (25) per page for each page after the first ten (10) pages, up to ninety dollars ($90.00); (iii) The mailing costs and applicable taxes, if any, must be the actual mailing costs and applicable taxes; (iv) The fee for producing electronic copies of radiology images must be no more than twenty-five dollars ($25.00) per request for CD, DVD, or USB, or fifteen dollars ($15.00) per request for electronic files emailed or sent via medical record portal; (v) A certification or notary fee, if certification or notarization is requested, must be charged as a flat fee of twenty dollars ($20.00); (vi) Charges for copying paper records or faxing paper records are subject to the limits set in subdivision (a)(1); and (vii) The fees charged for reproducing records of patients involved in a claim or appeal of denial for social security disability benefits must be a flat fee of twenty dollars ($20.00), only when the records are produced electronically; (3) Upon request, a person providing records pursuant to § 63-2-101 shall provide the records in electronic form unless the records are not kept in electronic form in the usual course of business; (4) A third-party release of information provider of record copying and related services is subject to the fee limits contained in this section and shall not impose a charge or fee for such service in excess of such fee limits; (5) The fees charged for reproducing records of patients involved in a workers' compensation claim are as specified in § 50-6-204 ; and (6) A healthcare provider shall not charge a fee for copying or notarizing a medical record when requested by the department of health pursuant to a complaint, inspection, or survey as set forth in § 63-1-117 . (b) Any increase in charges for copying and certifying medical records permitted by this section that is above those charges established by this section as it existed on January 1, 2010, shall not apply to requests for medical records made by the department of human services, and charges for copying and certifying medical records requests made by the department of human services shall remain the same as existed under this section as of January 1, 2010. (c) (1) Upon request, the provider shall submit a notarized affidavit by the custodian of records certifying that the records provided in response to the request: (A) Are true and correct copies of records in the custody of the affiant; (B) Were made at or near the time of the occurrence of the matters set forth by, or from information transmitted by, a person with knowledge of and a business duty to record or transmit those matters; (C) Were kept in the course of regularly conducted activity; and (D) Were made by the regularly conducted activity as a regular practice. (2) In addition to the charge for the copies of the record, the provider may charge up to twenty dollars ($20.00) for the affidavit described in this subsection (c), and the records submitted with that affidavit, and the affidavit shall qualify for the business records exception to the hearsay rule. (d) Nothing in this chapter shall be construed as superseding any provision of law that establishes specific costs for the reproduction, copying or mailing of records. (e) Payment of such costs may be required by the provider prior to the records being furnished. Upon payment of the costs described in this section, the patient or a patient's authorized representative shall have the right to receive the medical records without delay. (f) In workers' compensation cases, a request for medical records shall include a medical or anatomical impairment rating as required by § 50-6-246 [See the Compiler's Notes]. Amended by 2024 Tenn. Acts, ch. 737,s 1, eff. 7/1/2024. Acts 1990, ch. 1067, § 1; 1996, ch. 881, §3; 1997 , ch. 425, §§1, 2; 2000, ch. 825, § 1; 2002, ch. 523, §2; 2010 , ch. 865, § 1.
(a) For records other than those involving workers' compensation cases: (1) The party requesting the patient's medical records in paper format is responsible to the provider or the provider's third-party release of information provider for the reasonable costs of copying and mailing the patient's records. Such reasonable costs must not exceed: (A) Twenty-five dollars ($25.00) for paper copies of medical records five (5) pages or less in length; (B) Fifty cents (50¢) per page for each page copied after the first five (5) pages; (C) The actual cost of mailing; (D) For producing radiology images in hard copy, no more than twenty dollars ($20.00) per printed film; and (E) A certification or notary fee, if certification or notarization is requested, must be charged as a flat fee of twenty dollars ($20.00); (2) The party requesting the patient's records in electronic format is responsible to the provider or the provider's third-party release of information provider for the following fees: (A) The reasonable fees for fulfilling a patient's request for the patient's own records are governed by the Health Insurance Portability and Accountability Act (HIPAA) of 1996 ( 42 U.S.C. § 1320d et seq.), and the Health Information Technology for Economic and Clinical Health (HITECH) Act ( 42 U.S.C. § 201 et seq.), and those acts implementing regulations, which must not exceed the cost of the following: (i) Labor for copying the protected health information requested by the individual; (ii) Supplies for creating the paper copy, or electronic media if the individual requests that the electronic copy be provided on portable media; and (iii) Postage, when the individual has requested the copy or summary or explanation, be mailed; and (B) For all other requesters, the total fees for electronic medical records provided via portable media, electronic mail, or medical record portal, must comply with the following: (i) The total charges must be no more than twenty-five dollars ($25.00) for records ten (10) pages or less in length; (ii) The total charges must be no more than twenty-five cents (25) per page for each page after the first ten (10) pages, up to ninety dollars ($90.00); (iii) The mailing costs and applicable taxes, if any, must be the actual mailing costs and applicable taxes; (iv) The fee for producing electronic copies of radiology images must be no more than twenty-five dollars ($25.00) per request for CD, DVD, or USB, or fifteen dollars ($15.00) per request for electronic files emailed or sent via medical record portal; (v) A certification or notary fee, if certification or notarization is requested, must be charged as a flat fee of twenty dollars ($20.00); (vi) Charges for copying paper records or faxing paper records are subject to the limits set in subdivision (a)(1); and (vii) The fees charged for reproducing records of patients involved in a claim or appeal of denial for social security disability benefits must be a flat fee of twenty dollars ($20.00), only when the records are produced electronically; (3) Upon request, a person providing records pursuant to § 63-2-101 shall provide the records in electronic form unless the records are not kept in electronic form in the usual course of business; (4) A third-party release of information provider of record copying and related services is subject to the fee limits contained in this section and shall not impose a charge or fee for such service in excess of such fee limits; (5) The fees charged for reproducing records of patients involved in a workers' compensation claim are as specified in § 50-6-204 ; and (6) A healthcare provider shall not charge a fee for copying or notarizing a medical record when requested by the department of health pursuant to a complaint, inspection, or survey as set forth in § 63-1-117 .
(1) The party requesting the patient's medical records in paper format is responsible to the provider or the provider's third-party release of information provider for the reasonable costs of copying and mailing the patient's records. Such reasonable costs must not exceed: (A) Twenty-five dollars ($25.00) for paper copies of medical records five (5) pages or less in length; (B) Fifty cents (50¢) per page for each page copied after the first five (5) pages; (C) The actual cost of mailing; (D) For producing radiology images in hard copy, no more than twenty dollars ($20.00) per printed film; and (E) A certification or notary fee, if certification or notarization is requested, must be charged as a flat fee of twenty dollars ($20.00);
(A) Twenty-five dollars ($25.00) for paper copies of medical records five (5) pages or less in length;
(B) Fifty cents (50¢) per page for each page copied after the first five (5) pages;
(C) The actual cost of mailing;
(D) For producing radiology images in hard copy, no more than twenty dollars ($20.00) per printed film; and
(E) A certification or notary fee, if certification or notarization is requested, must be charged as a flat fee of twenty dollars ($20.00);
(2) The party requesting the patient's records in electronic format is responsible to the provider or the provider's third-party release of information provider for the following fees: (A) The reasonable fees for fulfilling a patient's request for the patient's own records are governed by the Health Insurance Portability and Accountability Act (HIPAA) of 1996 ( 42 U.S.C. § 1320d et seq.), and the Health Information Technology for Economic and Clinical Health (HITECH) Act ( 42 U.S.C. § 201 et seq.), and those acts implementing regulations, which must not exceed the cost of the following: (i) Labor for copying the protected health information requested by the individual; (ii) Supplies for creating the paper copy, or electronic media if the individual requests that the electronic copy be provided on portable media; and (iii) Postage, when the individual has requested the copy or summary or explanation, be mailed; and (B) For all other requesters, the total fees for electronic medical records provided via portable media, electronic mail, or medical record portal, must comply with the following: (i) The total charges must be no more than twenty-five dollars ($25.00) for records ten (10) pages or less in length; (ii) The total charges must be no more than twenty-five cents (25) per page for each page after the first ten (10) pages, up to ninety dollars ($90.00); (iii) The mailing costs and applicable taxes, if any, must be the actual mailing costs and applicable taxes; (iv) The fee for producing electronic copies of radiology images must be no more than twenty-five dollars ($25.00) per request for CD, DVD, or USB, or fifteen dollars ($15.00) per request for electronic files emailed or sent via medical record portal; (v) A certification or notary fee, if certification or notarization is requested, must be charged as a flat fee of twenty dollars ($20.00); (vi) Charges for copying paper records or faxing paper records are subject to the limits set in subdivision (a)(1); and (vii) The fees charged for reproducing records of patients involved in a claim or appeal of denial for social security disability benefits must be a flat fee of twenty dollars ($20.00), only when the records are produced electronically;
(A) The reasonable fees for fulfilling a patient's request for the patient's own records are governed by the Health Insurance Portability and Accountability Act (HIPAA) of 1996 ( 42 U.S.C. § 1320d et seq.), and the Health Information Technology for Economic and Clinical Health (HITECH) Act ( 42 U.S.C. § 201 et seq.), and those acts implementing regulations, which must not exceed the cost of the following: (i) Labor for copying the protected health information requested by the individual; (ii) Supplies for creating the paper copy, or electronic media if the individual requests that the electronic copy be provided on portable media; and (iii) Postage, when the individual has requested the copy or summary or explanation, be mailed; and
(i) Labor for copying the protected health information requested by the individual;
(ii) Supplies for creating the paper copy, or electronic media if the individual requests that the electronic copy be provided on portable media; and
(iii) Postage, when the individual has requested the copy or summary or explanation, be mailed; and
(B) For all other requesters, the total fees for electronic medical records provided via portable media, electronic mail, or medical record portal, must comply with the following: (i) The total charges must be no more than twenty-five dollars ($25.00) for records ten (10) pages or less in length; (ii) The total charges must be no more than twenty-five cents (25) per page for each page after the first ten (10) pages, up to ninety dollars ($90.00); (iii) The mailing costs and applicable taxes, if any, must be the actual mailing costs and applicable taxes; (iv) The fee for producing electronic copies of radiology images must be no more than twenty-five dollars ($25.00) per request for CD, DVD, or USB, or fifteen dollars ($15.00) per request for electronic files emailed or sent via medical record portal; (v) A certification or notary fee, if certification or notarization is requested, must be charged as a flat fee of twenty dollars ($20.00); (vi) Charges for copying paper records or faxing paper records are subject to the limits set in subdivision (a)(1); and (vii) The fees charged for reproducing records of patients involved in a claim or appeal of denial for social security disability benefits must be a flat fee of twenty dollars ($20.00), only when the records are produced electronically;
(i) The total charges must be no more than twenty-five dollars ($25.00) for records ten (10) pages or less in length;
(ii) The total charges must be no more than twenty-five cents (25) per page for each page after the first ten (10) pages, up to ninety dollars ($90.00);
(iii) The mailing costs and applicable taxes, if any, must be the actual mailing costs and applicable taxes;
(iv) The fee for producing electronic copies of radiology images must be no more than twenty-five dollars ($25.00) per request for CD, DVD, or USB, or fifteen dollars ($15.00) per request for electronic files emailed or sent via medical record portal;
(v) A certification or notary fee, if certification or notarization is requested, must be charged as a flat fee of twenty dollars ($20.00);
(vi) Charges for copying paper records or faxing paper records are subject to the limits set in subdivision (a)(1); and
(vii) The fees charged for reproducing records of patients involved in a claim or appeal of denial for social security disability benefits must be a flat fee of twenty dollars ($20.00), only when the records are produced electronically;
(3) Upon request, a person providing records pursuant to § 63-2-101 shall provide the records in electronic form unless the records are not kept in electronic form in the usual course of business;
(4) A third-party release of information provider of record copying and related services is subject to the fee limits contained in this section and shall not impose a charge or fee for such service in excess of such fee limits;
(5) The fees charged for reproducing records of patients involved in a workers' compensation claim are as specified in § 50-6-204 ; and
(6) A healthcare provider shall not charge a fee for copying or notarizing a medical record when requested by the department of health pursuant to a complaint, inspection, or survey as set forth in § 63-1-117 .
(b) Any increase in charges for copying and certifying medical records permitted by this section that is above those charges established by this section as it existed on January 1, 2010, shall not apply to requests for medical records made by the department of human services, and charges for copying and certifying medical records requests made by the department of human services shall remain the same as existed under this section as of January 1, 2010.
(c) (1) Upon request, the provider shall submit a notarized affidavit by the custodian of records certifying that the records provided in response to the request: (A) Are true and correct copies of records in the custody of the affiant; (B) Were made at or near the time of the occurrence of the matters set forth by, or from information transmitted by, a person with knowledge of and a business duty to record or transmit those matters; (C) Were kept in the course of regularly conducted activity; and (D) Were made by the regularly conducted activity as a regular practice. (2) In addition to the charge for the copies of the record, the provider may charge up to twenty dollars ($20.00) for the affidavit described in this subsection (c), and the records submitted with that affidavit, and the affidavit shall qualify for the business records exception to the hearsay rule.
(1) Upon request, the provider shall submit a notarized affidavit by the custodian of records certifying that the records provided in response to the request: (A) Are true and correct copies of records in the custody of the affiant; (B) Were made at or near the time of the occurrence of the matters set forth by, or from information transmitted by, a person with knowledge of and a business duty to record or transmit those matters; (C) Were kept in the course of regularly conducted activity; and (D) Were made by the regularly conducted activity as a regular practice.
(A) Are true and correct copies of records in the custody of the affiant;
(B) Were made at or near the time of the occurrence of the matters set forth by, or from information transmitted by, a person with knowledge of and a business duty to record or transmit those matters;
(C) Were kept in the course of regularly conducted activity; and
(D) Were made by the regularly conducted activity as a regular practice.
(2) In addition to the charge for the copies of the record, the provider may charge up to twenty dollars ($20.00) for the affidavit described in this subsection (c), and the records submitted with that affidavit, and the affidavit shall qualify for the business records exception to the hearsay rule.
(d) Nothing in this chapter shall be construed as superseding any provision of law that establishes specific costs for the reproduction, copying or mailing of records.
(e) Payment of such costs may be required by the provider prior to the records being furnished. Upon payment of the costs described in this section, the patient or a patient's authorized representative shall have the right to receive the medical records without delay.
(f) In workers' compensation cases, a request for medical records shall include a medical or anatomical impairment rating as required by § 50-6-246 [See the Compiler's Notes].
Amended by 2024 Tenn. Acts, ch. 737,s 1, eff. 7/1/2024.
Acts 1990, ch. 1067, § 1; 1996, ch. 881, §3; 1997 , ch. 425, §§1, 2; 2000, ch. 825, § 1; 2002, ch. 523, §2; 2010 , ch. 865, § 1.
Tenn. Code Ann. § 63-32-105 — TN Code / Title 63 / Chapter 32 / Section 63-32-105
Information for public dissemination
Status: in_force

(a) Each board regulating a provider, as defined in § 63-32-102 , shall collect the following information and provide to the department of health in order for the department to create individual profiles on licensees, in a format created by the department that shall be available for dissemination to the public: (1) A description of any criminal convictions for felonies and, as determined by the board, serious misdemeanors, within the most recent ten (10) years. For the purposes of this subsection (a), a person shall be deemed to be convicted of a crime if such person was found or adjudged guilty by a court of competent jurisdiction. Misdemeanor convictions later expunged by a court of competent jurisdiction shall be stricken from the provider's profile; (2) A description of any final board disciplinary actions within the most recent ten (10) years, which actions shall include final board action as defined by § 4-5-314 , and reprimand action taken pursuant to a board practice act; (3) A description of any final disciplinary actions of licensing boards in other states within the most recent ten (10) years; (4) A description of revocation or involuntary restriction of hospital privileges for reasons related to competence or character that has been taken by the hospital's governing body or any other official action of the hospital after procedural due process has been afforded, or the resignation from or nonrenewal of medical staff membership or the restriction of privileges at a hospital taken in lieu of or in settlement of a pending disciplinary case related to competence or character in that hospital, all as taken pursuant to procedures promulgated by the board for licensing health care facilities. Only cases that have occurred within the most recent ten (10) years shall be disclosed by the department to the public; (5) (A) All health care liability court judgments, all health care liability arbitration awards in which a payment is awarded to a complaining party and all settlements of health care liability claims in which a payment is made to a complaining party beginning with reports for 1998 and each subsequent year; provided, such reports shall not be disseminated beyond the most recent ten-year period, but shall include the most recent ten-year period for which reports have been filed. Each provider licensing board shall set by rule adopted pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, a threshold amount below which judgments or settlements shall not be reportable; provided, such threshold shall, for chapter 6 or 9 of this title licensees, be set at seventy-five thousand dollars ($75,000), for doctors of chiropractic, regulated pursuant to chapter 4 of this title, be set at fifty thousand dollars ($50,000), for dentists, regulated pursuant to chapter 5 of this title, be set at twenty-five thousand dollars ($25,000), and for all other licensees under this title be set at ten thousand dollars ($10,000). Dispositions of paid claims shall be reported in a minimum of three (3) graduated categories indicating the level of significance of the award or settlement. Information concerning paid health care liability claims shall be put in context by comparing an individual licensee's health care liability judgment awards and settlements to the experience of other providers within the same specialty. Information concerning the existence of a court-sealed settlement shall be reported in cases involving such a settlement. Information concerning all settlements shall be accompanied by the following statement: "Settlement of a claim may occur for a variety of reasons which do not necessarily reflect negatively on the professional competence or conduct of the provider. A payment in settlement of a health care liability action or claim should not be construed as creating a presumption that health care liability has occurred." Nothing in this subdivision (a)(5) shall be construed to limit or prevent the department from providing further explanatory information regarding the significance of categories in which settlements are reported; (B) Pending health care liability claims shall not be disclosed by a board to the public. Nothing in this subdivision (a)(5) shall be construed to prevent a board from investigating and disciplining a licensee on the basis of health care liability claims that are pending; (6) Names of medical schools or professional and training schools and dates of graduation; (7) Graduate medical education or other graduate-level training; (8) Specialty board certification as determined by the relevant board; (9) Names of the hospitals where the licensee has privileges; (10) Appointments to medical school faculties and indication as to whether a licensee has a responsibility for graduate medical education within the most recent ten (10) years; (11) Information regarding publications in peer-reviewed medical literature; (12) Information regarding professional or community service associations, activities and awards; (13) The location of the licensee's primary practice setting; (14) The identification of any translating services that may be available at the licensee's primary practice location; (15) An indication of which managed care plans in which the licensee participates; (16) An indication of TennCare plans in which the licensee participates; (17) No information that is otherwise privileged under this title, and that is generated by any peer review program, provider health program, or impaired professionals program operated or administered by a provider association or foundation that such association has created for peer review purposes, shall be included in any profile unless such information is not contemplated by the particular title 63 statute as being privileged; (18) For the profile of a holder of a certificate of fitness pursuant to § 63-7-123 , the name of the holder's collaborating physician; and (19) For any physician assistant licensed under § 63-19-105 , the name of the assistant's collaborating physician. (b) Each board shall provide individual licensees with a copy of their profiles prior to release to the public. A licensee shall be provided a reasonable time to correct factual inaccuracies that appear in such profile. (c) A provider may elect to have the provider's profile omit certain information provided pursuant to subdivisions (a)(10)-(12), inclusive, concerning academic appointments and teaching responsibilities, publications in peer-reviewed journals and professional and community service awards. In collecting information for such profiles and in disseminating such profiles, each board shall inform providers that they may choose not to provide such information required pursuant to subdivisions (a)(10)-(12), inclusive. (d) The department shall develop formats for dissemination of such information to the public, which, at a minimum shall include electronic media, including the world wide web of the internet, and a toll-free telephone line. (e) On or before January 1, 1999, the division of health related boards of the department shall become a participant in the national practitioners databank. (f) Individual profiles posted pursuant to § 63-32-107 shall not contain the licensee's home address and social security number, unless such home address is provided by the licensee, along with a request that it be contained in the profile, as their official mailing or practice address. Notwithstanding this subsection (f), a record containing the home address of the licensee on file with the department of health concerning this chapter shall continue to remain a public record. Amended by 2018 Tenn. Acts, ch. 610, s 33, eff. 7/1/2018. Amended by 2017 Tenn. Acts, ch. 334, s 8, eff. 7/1/2017. Amended by 2014 Tenn. Acts, ch. 898, s 1, eff. 1/1/2015. Acts 1998, ch. 1073, § 5; 1999, ch. 373, §§ 4, 5; 2000, ch. 589, § 1; 2006, ch. 663, §§1, 2; 2012 , ch. 798, §§ 52, 53.
(a) Each board regulating a provider, as defined in § 63-32-102 , shall collect the following information and provide to the department of health in order for the department to create individual profiles on licensees, in a format created by the department that shall be available for dissemination to the public: (1) A description of any criminal convictions for felonies and, as determined by the board, serious misdemeanors, within the most recent ten (10) years. For the purposes of this subsection (a), a person shall be deemed to be convicted of a crime if such person was found or adjudged guilty by a court of competent jurisdiction. Misdemeanor convictions later expunged by a court of competent jurisdiction shall be stricken from the provider's profile; (2) A description of any final board disciplinary actions within the most recent ten (10) years, which actions shall include final board action as defined by § 4-5-314 , and reprimand action taken pursuant to a board practice act; (3) A description of any final disciplinary actions of licensing boards in other states within the most recent ten (10) years; (4) A description of revocation or involuntary restriction of hospital privileges for reasons related to competence or character that has been taken by the hospital's governing body or any other official action of the hospital after procedural due process has been afforded, or the resignation from or nonrenewal of medical staff membership or the restriction of privileges at a hospital taken in lieu of or in settlement of a pending disciplinary case related to competence or character in that hospital, all as taken pursuant to procedures promulgated by the board for licensing health care facilities. Only cases that have occurred within the most recent ten (10) years shall be disclosed by the department to the public; (5) (A) All health care liability court judgments, all health care liability arbitration awards in which a payment is awarded to a complaining party and all settlements of health care liability claims in which a payment is made to a complaining party beginning with reports for 1998 and each subsequent year; provided, such reports shall not be disseminated beyond the most recent ten-year period, but shall include the most recent ten-year period for which reports have been filed. Each provider licensing board shall set by rule adopted pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, a threshold amount below which judgments or settlements shall not be reportable; provided, such threshold shall, for chapter 6 or 9 of this title licensees, be set at seventy-five thousand dollars ($75,000), for doctors of chiropractic, regulated pursuant to chapter 4 of this title, be set at fifty thousand dollars ($50,000), for dentists, regulated pursuant to chapter 5 of this title, be set at twenty-five thousand dollars ($25,000), and for all other licensees under this title be set at ten thousand dollars ($10,000). Dispositions of paid claims shall be reported in a minimum of three (3) graduated categories indicating the level of significance of the award or settlement. Information concerning paid health care liability claims shall be put in context by comparing an individual licensee's health care liability judgment awards and settlements to the experience of other providers within the same specialty. Information concerning the existence of a court-sealed settlement shall be reported in cases involving such a settlement. Information concerning all settlements shall be accompanied by the following statement: "Settlement of a claim may occur for a variety of reasons which do not necessarily reflect negatively on the professional competence or conduct of the provider. A payment in settlement of a health care liability action or claim should not be construed as creating a presumption that health care liability has occurred." Nothing in this subdivision (a)(5) shall be construed to limit or prevent the department from providing further explanatory information regarding the significance of categories in which settlements are reported; (B) Pending health care liability claims shall not be disclosed by a board to the public. Nothing in this subdivision (a)(5) shall be construed to prevent a board from investigating and disciplining a licensee on the basis of health care liability claims that are pending; (6) Names of medical schools or professional and training schools and dates of graduation; (7) Graduate medical education or other graduate-level training; (8) Specialty board certification as determined by the relevant board; (9) Names of the hospitals where the licensee has privileges; (10) Appointments to medical school faculties and indication as to whether a licensee has a responsibility for graduate medical education within the most recent ten (10) years; (11) Information regarding publications in peer-reviewed medical literature; (12) Information regarding professional or community service associations, activities and awards; (13) The location of the licensee's primary practice setting; (14) The identification of any translating services that may be available at the licensee's primary practice location; (15) An indication of which managed care plans in which the licensee participates; (16) An indication of TennCare plans in which the licensee participates; (17) No information that is otherwise privileged under this title, and that is generated by any peer review program, provider health program, or impaired professionals program operated or administered by a provider association or foundation that such association has created for peer review purposes, shall be included in any profile unless such information is not contemplated by the particular title 63 statute as being privileged; (18) For the profile of a holder of a certificate of fitness pursuant to § 63-7-123 , the name of the holder's collaborating physician; and (19) For any physician assistant licensed under § 63-19-105 , the name of the assistant's collaborating physician.
(1) A description of any criminal convictions for felonies and, as determined by the board, serious misdemeanors, within the most recent ten (10) years. For the purposes of this subsection (a), a person shall be deemed to be convicted of a crime if such person was found or adjudged guilty by a court of competent jurisdiction. Misdemeanor convictions later expunged by a court of competent jurisdiction shall be stricken from the provider's profile;
(2) A description of any final board disciplinary actions within the most recent ten (10) years, which actions shall include final board action as defined by § 4-5-314 , and reprimand action taken pursuant to a board practice act;
(3) A description of any final disciplinary actions of licensing boards in other states within the most recent ten (10) years;
(4) A description of revocation or involuntary restriction of hospital privileges for reasons related to competence or character that has been taken by the hospital's governing body or any other official action of the hospital after procedural due process has been afforded, or the resignation from or nonrenewal of medical staff membership or the restriction of privileges at a hospital taken in lieu of or in settlement of a pending disciplinary case related to competence or character in that hospital, all as taken pursuant to procedures promulgated by the board for licensing health care facilities. Only cases that have occurred within the most recent ten (10) years shall be disclosed by the department to the public;
(5) (A) All health care liability court judgments, all health care liability arbitration awards in which a payment is awarded to a complaining party and all settlements of health care liability claims in which a payment is made to a complaining party beginning with reports for 1998 and each subsequent year; provided, such reports shall not be disseminated beyond the most recent ten-year period, but shall include the most recent ten-year period for which reports have been filed. Each provider licensing board shall set by rule adopted pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, a threshold amount below which judgments or settlements shall not be reportable; provided, such threshold shall, for chapter 6 or 9 of this title licensees, be set at seventy-five thousand dollars ($75,000), for doctors of chiropractic, regulated pursuant to chapter 4 of this title, be set at fifty thousand dollars ($50,000), for dentists, regulated pursuant to chapter 5 of this title, be set at twenty-five thousand dollars ($25,000), and for all other licensees under this title be set at ten thousand dollars ($10,000). Dispositions of paid claims shall be reported in a minimum of three (3) graduated categories indicating the level of significance of the award or settlement. Information concerning paid health care liability claims shall be put in context by comparing an individual licensee's health care liability judgment awards and settlements to the experience of other providers within the same specialty. Information concerning the existence of a court-sealed settlement shall be reported in cases involving such a settlement. Information concerning all settlements shall be accompanied by the following statement: "Settlement of a claim may occur for a variety of reasons which do not necessarily reflect negatively on the professional competence or conduct of the provider. A payment in settlement of a health care liability action or claim should not be construed as creating a presumption that health care liability has occurred." Nothing in this subdivision (a)(5) shall be construed to limit or prevent the department from providing further explanatory information regarding the significance of categories in which settlements are reported; (B) Pending health care liability claims shall not be disclosed by a board to the public. Nothing in this subdivision (a)(5) shall be construed to prevent a board from investigating and disciplining a licensee on the basis of health care liability claims that are pending;
(A) All health care liability court judgments, all health care liability arbitration awards in which a payment is awarded to a complaining party and all settlements of health care liability claims in which a payment is made to a complaining party beginning with reports for 1998 and each subsequent year; provided, such reports shall not be disseminated beyond the most recent ten-year period, but shall include the most recent ten-year period for which reports have been filed. Each provider licensing board shall set by rule adopted pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, a threshold amount below which judgments or settlements shall not be reportable; provided, such threshold shall, for chapter 6 or 9 of this title licensees, be set at seventy-five thousand dollars ($75,000), for doctors of chiropractic, regulated pursuant to chapter 4 of this title, be set at fifty thousand dollars ($50,000), for dentists, regulated pursuant to chapter 5 of this title, be set at twenty-five thousand dollars ($25,000), and for all other licensees under this title be set at ten thousand dollars ($10,000). Dispositions of paid claims shall be reported in a minimum of three (3) graduated categories indicating the level of significance of the award or settlement. Information concerning paid health care liability claims shall be put in context by comparing an individual licensee's health care liability judgment awards and settlements to the experience of other providers within the same specialty. Information concerning the existence of a court-sealed settlement shall be reported in cases involving such a settlement. Information concerning all settlements shall be accompanied by the following statement: "Settlement of a claim may occur for a variety of reasons which do not necessarily reflect negatively on the professional competence or conduct of the provider. A payment in settlement of a health care liability action or claim should not be construed as creating a presumption that health care liability has occurred." Nothing in this subdivision (a)(5) shall be construed to limit or prevent the department from providing further explanatory information regarding the significance of categories in which settlements are reported;
(B) Pending health care liability claims shall not be disclosed by a board to the public. Nothing in this subdivision (a)(5) shall be construed to prevent a board from investigating and disciplining a licensee on the basis of health care liability claims that are pending;
(6) Names of medical schools or professional and training schools and dates of graduation;
(7) Graduate medical education or other graduate-level training;
(8) Specialty board certification as determined by the relevant board;
(9) Names of the hospitals where the licensee has privileges;
(10) Appointments to medical school faculties and indication as to whether a licensee has a responsibility for graduate medical education within the most recent ten (10) years;
(11) Information regarding publications in peer-reviewed medical literature;
(12) Information regarding professional or community service associations, activities and awards;
(13) The location of the licensee's primary practice setting;
(14) The identification of any translating services that may be available at the licensee's primary practice location;
(15) An indication of which managed care plans in which the licensee participates;
(16) An indication of TennCare plans in which the licensee participates;
(17) No information that is otherwise privileged under this title, and that is generated by any peer review program, provider health program, or impaired professionals program operated or administered by a provider association or foundation that such association has created for peer review purposes, shall be included in any profile unless such information is not contemplated by the particular title 63 statute as being privileged;
(18) For the profile of a holder of a certificate of fitness pursuant to § 63-7-123 , the name of the holder's collaborating physician; and
(19) For any physician assistant licensed under § 63-19-105 , the name of the assistant's collaborating physician.
(b) Each board shall provide individual licensees with a copy of their profiles prior to release to the public. A licensee shall be provided a reasonable time to correct factual inaccuracies that appear in such profile.
(c) A provider may elect to have the provider's profile omit certain information provided pursuant to subdivisions (a)(10)-(12), inclusive, concerning academic appointments and teaching responsibilities, publications in peer-reviewed journals and professional and community service awards. In collecting information for such profiles and in disseminating such profiles, each board shall inform providers that they may choose not to provide such information required pursuant to subdivisions (a)(10)-(12), inclusive.
(d) The department shall develop formats for dissemination of such information to the public, which, at a minimum shall include electronic media, including the world wide web of the internet, and a toll-free telephone line.
(e) On or before January 1, 1999, the division of health related boards of the department shall become a participant in the national practitioners databank.
(f) Individual profiles posted pursuant to § 63-32-107 shall not contain the licensee's home address and social security number, unless such home address is provided by the licensee, along with a request that it be contained in the profile, as their official mailing or practice address. Notwithstanding this subsection (f), a record containing the home address of the licensee on file with the department of health concerning this chapter shall continue to remain a public record.
Amended by 2018 Tenn. Acts, ch. 610, s 33, eff. 7/1/2018.
Amended by 2017 Tenn. Acts, ch. 334, s 8, eff. 7/1/2017.
Amended by 2014 Tenn. Acts, ch. 898, s 1, eff. 1/1/2015.
Acts 1998, ch. 1073, § 5; 1999, ch. 373, §§ 4, 5; 2000, ch. 589, § 1; 2006, ch. 663, §§1, 2; 2012 , ch. 798, §§ 52, 53.