Tenn. Code Ann. § 63-6-245 — TN Code / Title 63 / Chapter 6 / Section 63-6-245
Notice to patients of determination that patient has dense or extremely dense breasts
Status: in_force

(a) As used in this section, "physician" means an individual authorized by this chapter to practice medicine and surgery or osteopathic medicine and surgery pursuant to chapter 9 of this title. (b) If a physician has determined, after a mammogram is performed, that a patient has dense breasts or extremely dense breasts, based on the breast imaging reporting and data system established by the American College of Radiology, the facility where the mammogram was performed shall provide the following notice to the patient: Your mammogram shows that you have dense breast tissue. Dense breast tissue is common. However, dense breast tissue can hide breast cancer, so that it may not be seen on routine mammography. It may also be associated with an increased risk of developing breast cancer. You should discuss these results with your doctor to determine if additional tests might be helpful. A report of your mammogram results, which contains information about your breast density, has been sent to your doctor's office. (c) This section shall become operative on January 1, 2014. Nothing in this section shall be construed to create or impose liability for failing to comply with the requirements of this section. Nothing in this section shall be deemed to create a duty of care or other legal obligation beyond the duty to provide notice as set forth in this section. Nothing in this section shall be deemed to require a notice that is inconsistent with the federal Mammography Quality Standards Act ( 42 U.S.C. § 263b ) or any regulations promulgated pursuant to that act. Amended by 2018 Tenn. Acts, ch. 750, s 1, eff. 7/1/2018. Added by 2013 Tenn. Acts, ch. 387, s 1, eff. 1/1/2014.
(a) As used in this section, "physician" means an individual authorized by this chapter to practice medicine and surgery or osteopathic medicine and surgery pursuant to chapter 9 of this title.
(b) If a physician has determined, after a mammogram is performed, that a patient has dense breasts or extremely dense breasts, based on the breast imaging reporting and data system established by the American College of Radiology, the facility where the mammogram was performed shall provide the following notice to the patient: Your mammogram shows that you have dense breast tissue. Dense breast tissue is common. However, dense breast tissue can hide breast cancer, so that it may not be seen on routine mammography. It may also be associated with an increased risk of developing breast cancer. You should discuss these results with your doctor to determine if additional tests might be helpful. A report of your mammogram results, which contains information about your breast density, has been sent to your doctor's office.
Your mammogram shows that you have dense breast tissue. Dense breast tissue is common. However, dense breast tissue can hide breast cancer, so that it may not be seen on routine mammography. It may also be associated with an increased risk of developing breast cancer. You should discuss these results with your doctor to determine if additional tests might be helpful. A report of your mammogram results, which contains information about your breast density, has been sent to your doctor's office.
(c) This section shall become operative on January 1, 2014. Nothing in this section shall be construed to create or impose liability for failing to comply with the requirements of this section. Nothing in this section shall be deemed to create a duty of care or other legal obligation beyond the duty to provide notice as set forth in this section. Nothing in this section shall be deemed to require a notice that is inconsistent with the federal Mammography Quality Standards Act ( 42 U.S.C. § 263b ) or any regulations promulgated pursuant to that act.
Amended by 2018 Tenn. Acts, ch. 750, s 1, eff. 7/1/2018.
Added by 2013 Tenn. Acts, ch. 387, s 1, eff. 1/1/2014.
Tenn. Code Ann. § 63-18-106 — TN Code / Title 63 / Chapter 18 / Section 63-18-106
Investigation - Inspection - Revocation of license
Status: in_force

In order to effectuate this chapter, the board or its authorized representative is empowered to conduct an investigation of persons engaged in massage or massage establishments and to inspect the license of practitioners and establishments for compliance. The refusal of a practitioner or establishment to permit inspections shall be grounds for revocation, suspension or refusal to issue a license pursuant to this chapter. Acts 1995, ch. 480, § 7; T.C.A. § 63-18-206.
In order to effectuate this chapter, the board or its authorized representative is empowered to conduct an investigation of persons engaged in massage or massage establishments and to inspect the license of practitioners and establishments for compliance. The refusal of a practitioner or establishment to permit inspections shall be grounds for revocation, suspension or refusal to issue a license pursuant to this chapter.
Acts 1995, ch. 480, § 7; T.C.A. § 63-18-206.
Tenn. Code Ann. § 63-22-204 — TN Code / Title 63 / Chapter 22 / Section 63-22-204
Exclusions from part
Status: in_force

(a) Nothing in this chapter shall be construed as limiting the ministry, activities or services of a rabbi, priest, minister of the gospel or others authorized by a regularly organized and functioning religious body in performing the ordinary duties or functions of the clergy, nor shall anything in this chapter apply to or be construed as limiting the activities or services of Christian Science practitioners. Nor shall any rabbi, priest or minister who offers counseling services, even if fees are charged, shall be subject to the limitations of this part, as long as they do not hold themselves out as licensed pastoral therapists or licensed pastoral counselors and as long as they do not purport to provide the integration and professional application of resources and techniques from the religious community's traditions of pastoral care and counsel along with recognized principles, methods and procedures of clinical psychotherapy. (b) This part does not apply to a person if the person is preparing for the practice of clinical pastoral therapy under qualified supervision in a training institution or facility or supervisory arrangement recognized and approved by the board; provided, that such person is designated by such titles as "pastoral therapy intern," "pastoral therapy trainee" or others clearly indicating such training status. (c) Nothing in this part shall be construed to prevent qualified members of other professional groups as defined by the board, including, but not limited to, licensed clinical social workers, licensed psychologists, licensed psychological examiners, licensed senior psychological examiners, certified psychological assistants, psychiatric nurses, physicians or attorneys at law, from performing or advertising that they provide or offer counseling services consistent with the accepted standards of their respective professions nor to prevent alcohol and drug abuse counselors licensed under § 68-24-605 or operating under qualified supervision while seeking such licensure from doing counseling consistent with the accepted standards of such profession. Acts 1997 , ch. 485, § 9; 1998, ch. 818, § 1; 2001, ch. 334, § 17; 2003 , ch. 250, § 5.
(a) Nothing in this chapter shall be construed as limiting the ministry, activities or services of a rabbi, priest, minister of the gospel or others authorized by a regularly organized and functioning religious body in performing the ordinary duties or functions of the clergy, nor shall anything in this chapter apply to or be construed as limiting the activities or services of Christian Science practitioners. Nor shall any rabbi, priest or minister who offers counseling services, even if fees are charged, shall be subject to the limitations of this part, as long as they do not hold themselves out as licensed pastoral therapists or licensed pastoral counselors and as long as they do not purport to provide the integration and professional application of resources and techniques from the religious community's traditions of pastoral care and counsel along with recognized principles, methods and procedures of clinical psychotherapy.
(b) This part does not apply to a person if the person is preparing for the practice of clinical pastoral therapy under qualified supervision in a training institution or facility or supervisory arrangement recognized and approved by the board; provided, that such person is designated by such titles as "pastoral therapy intern," "pastoral therapy trainee" or others clearly indicating such training status.
(c) Nothing in this part shall be construed to prevent qualified members of other professional groups as defined by the board, including, but not limited to, licensed clinical social workers, licensed psychologists, licensed psychological examiners, licensed senior psychological examiners, certified psychological assistants, psychiatric nurses, physicians or attorneys at law, from performing or advertising that they provide or offer counseling services consistent with the accepted standards of their respective professions nor to prevent alcohol and drug abuse counselors licensed under § 68-24-605 or operating under qualified supervision while seeking such licensure from doing counseling consistent with the accepted standards of such profession.
Acts 1997 , ch. 485, § 9; 1998, ch. 818, § 1; 2001, ch. 334, § 17; 2003 , ch. 250, § 5.
Tenn. Code Ann. § 63-12-114 — TN Code / Title 63 / Chapter 12 / Section 63-12-114
Application for examination
Status: in_force

(a) (1) Any person desiring to take the state board written and oral examination shall make application in writing to the board on blanks provided for that purpose at least forty-five (45) days before the examination. (2) The application for the state board written and oral examination shall be accompanied by a nonrefundable application fee as set by the board. (3) The application for the national board examination shall be accompanied by a nonrefundable application fee as set by the board. (4) Any person desiring to take the clinical competency test shall make application in writing to the board on blanks provided for that purpose at least forty-five (45) days before the examination. (5) The application for the clinical competency test shall be accompanied by a nonrefundable application fee as set by the board. (b) (1) Applicants who are accepted for the state board written and oral examination shall pay a fee to the board at least forty-five (45) days prior to taking the examination, as set by the board. (2) Applicants who are accepted for the national board examination shall pay a fee to the board at least forty-five (45) days prior to taking the examination as set by the board. (3) Applicants who are accepted for the clinical competency test shall pay a fee to the board at least forty-five (45) days prior to taking the examination as set by the board. (c) The board shall give notice of the time and place of all examinations in such manner as the board may consider expedient. Acts 1967, ch. 80, § 14; 1980, ch. 568, § 1; T.C.A., § 63-1214; Acts 1988, ch. 752, §§ 1, 2; 1989, ch. 523, §§ 72-77.
(a) (1) Any person desiring to take the state board written and oral examination shall make application in writing to the board on blanks provided for that purpose at least forty-five (45) days before the examination. (2) The application for the state board written and oral examination shall be accompanied by a nonrefundable application fee as set by the board. (3) The application for the national board examination shall be accompanied by a nonrefundable application fee as set by the board. (4) Any person desiring to take the clinical competency test shall make application in writing to the board on blanks provided for that purpose at least forty-five (45) days before the examination. (5) The application for the clinical competency test shall be accompanied by a nonrefundable application fee as set by the board.
(1) Any person desiring to take the state board written and oral examination shall make application in writing to the board on blanks provided for that purpose at least forty-five (45) days before the examination.
(2) The application for the state board written and oral examination shall be accompanied by a nonrefundable application fee as set by the board.
(3) The application for the national board examination shall be accompanied by a nonrefundable application fee as set by the board.
(4) Any person desiring to take the clinical competency test shall make application in writing to the board on blanks provided for that purpose at least forty-five (45) days before the examination.
(5) The application for the clinical competency test shall be accompanied by a nonrefundable application fee as set by the board.
(b) (1) Applicants who are accepted for the state board written and oral examination shall pay a fee to the board at least forty-five (45) days prior to taking the examination, as set by the board. (2) Applicants who are accepted for the national board examination shall pay a fee to the board at least forty-five (45) days prior to taking the examination as set by the board. (3) Applicants who are accepted for the clinical competency test shall pay a fee to the board at least forty-five (45) days prior to taking the examination as set by the board.
(1) Applicants who are accepted for the state board written and oral examination shall pay a fee to the board at least forty-five (45) days prior to taking the examination, as set by the board.
(2) Applicants who are accepted for the national board examination shall pay a fee to the board at least forty-five (45) days prior to taking the examination as set by the board.
(3) Applicants who are accepted for the clinical competency test shall pay a fee to the board at least forty-five (45) days prior to taking the examination as set by the board.
(c) The board shall give notice of the time and place of all examinations in such manner as the board may consider expedient.
Acts 1967, ch. 80, § 14; 1980, ch. 568, § 1; T.C.A., § 63-1214; Acts 1988, ch. 752, §§ 1, 2; 1989, ch. 523, §§ 72-77.
Tenn. Code Ann. § 63-11-207 — TN Code / Title 63 / Chapter 11 / Section 63-11-207
Qualifications and application to practice as examiner - Expiration of period to issue licenses - Certification of psychological assistants and psychological testing technician
Status: in_force

(a) (1) Any person wishing to obtain the right to practice as a psychological examiner in this state, who has not heretofore been licensed to do so, shall, before it is lawful for such person to practice as a psychological examiner in this state, make application to the board through the chair, upon such form and in such manner as shall be adopted and prescribed by the board. (2) Unless such a person has obtained a license as prescribed in subdivision (a)(1), it is unlawful for such person to practice; and if such person practices as a psychological examiner without first having obtained such a license, such person has violated this chapter. (3) A candidate for such license shall furnish the board with satisfactory evidence that such candidate: (A) Is of good moral character; (B) Is a citizen of the United States; (C) Has had two (2) academic years of graduate training in psychology, including a master's degree, from an accredited educational institution recognized by the board as maintaining satisfactory standards, or in lieu thereof, such training and experience as the board shall consider equivalent thereto. The board may, at its discretion, consider equivalent training and experience when presented by qualified applicants with a masters' degree in psychology whose credentials differ slightly than those prescribed in this subdivision (a)(3)(C). In such cases the qualified candidate must petition the board for a waiver and specifically request the board utilize its discretionary authority; (D) Is competent as a psychological examiner, as shown by passing such examinations, written or oral, or both, as the board deems necessary; (E) Is not considered by the board to be engaged in unethical practice; and (F) Has not, within the preceding six (6) months, failed an examination given by the board; provided, that the board may, at its discretion, accept satisfactory substitute training and experience in lieu of that prescribed in subdivision (c)(3). (4) No new psychological examiner licenses shall be issued for applications received by the board after December 31, 2004. (5) The discontinued issuance of psychological examiners licenses or the designation of senior psychological examiners shall in no way impair or abridge the right of duly licensed psychological examiners to practice within the scope of their license or to renew their licensure status as required by law. (b) (1) Any person seeking to practice as a certified psychological assistant in this state shall, before it is lawful for such person to practice as a certified psychological assistant, make application to the board through the chair, upon such form and in such manner as shall be adopted and prescribed by the board, including, but not limited to, the proper registration with the board of the supervisor of record for the certified psychological assistant. Unless such person obtains a proper certificate as issued by the board, it is unlawful for a person to practice; and if such person practices as a certified psychological assistant without first having obtained a proper certificate, such person has violated this chapter. (2) A candidate for certification shall furnish the board with satisfactory evidence that such candidate: (A) Is of good moral character; (B) Is a citizen of the United States; (C) Is not considered by the board to be engaged in unethical practice; and (D) Has had two (2) academic years of graduate training in psychology, including a master's degree, from an accredited educational institution recognized by the board as maintaining satisfactory standards, or in lieu thereof, such training and experience as the board shall consider equivalent thereto. Such graduate training must include specialized training in psychological assessment, test construction and measurement, the administration and interpretation of psychological testing, interviewing skills and social history methods. The board may, at its discretion, consider equivalent training and experience when presented by qualified applicants with a master's degree in psychology whose credentials differ slightly than those prescribed in this subdivision (b)(2)(D). However, all applicants must in their graduate training show evidence of supervised practicum experience in the administration and interpretation of psychological testing, assessment procedures and social history and feedback interviewing techniques as determined by the board in order to fulfill educational requirements for certification. (c) (1) A person seeking to practice as a certified psychological testing technician in this state shall, before it is lawful for the person to practice as a certified psychological testing technician, make application to the board, upon such form and in such manner as is adopted and prescribed by the board, including, but not limited to, the proper registration with the board of the supervisor or supervisors of record for the certified psychological testing technician. Unless the person obtains a proper certificate as issued by the board, it is unlawful for the person to practice. The person violates this chapter if the person practices as a certified psychological testing technician without first having obtained a proper certificate. (2) As used in subdivision (c)(1), "practice as a certified psychological testing technician" means the individual is duly authorized by the board to administer and score standardized psychological and neuropsychological tests and to observe and describe a client's test behavior and test responses. A certified psychological testing technician shall not select psychological or neuropsychological tests or versions of tests to be given, interpret test results, write test results, or give test feedback to clients. (3) The services provided by a certified psychological testing technician must be provided under the supervision of a psychologist or senior psychological examiner who is registered with the board as a supervisor of record to provide such supervision for the certified psychological testing technician. The certified psychological testing technician must be employed by, or contracted with, the same work setting as the supervising psychologist or senior psychological examiner who is registered with the board. (4) A candidate for certification shall furnish the board with satisfactory evidence that the candidate: (A) Is of good moral character; (B) Is a citizen or legal resident of the United States; (C) Is not considered by the board to be engaged in unethical practice; and (D) Proof of completion of a bachelor's degree or graduate degree, or proof of current enrollment in a graduate degree program, from a regionally accredited university, college, or professional school, in either psychology or education with a specialization in educational psychology, counseling psychology, or school psychology. The candidate's educational training must consist of a minimum of seventy-two (72) hours of total education and training relating to psychological or neuropsychological test administration and scoring that includes the following: (i) At least twenty (20) hours of direct observation, including at least ten (10) hours of direct observation of a licensed psychologist or senior psychological examiner administering and scoring tests, and at least ten (10) hours of direct observation of either a licensed psychologist, senior psychological examiner, or certified psychological testing technician duly registered by the board administering and scoring tests; (ii) At least forty (40) hours of administering and scoring tests in the presence of a licensed psychologist or senior psychological examiner; and (iii) At least twelve (12) hours of additional education on topics related to best practices for the functions identified in subdivision (c)(2). Of those twelve (12) hours, at least three (3) hours must be specifically dedicated to law and ethics, and at least three (3) hours must be dedicated to multicultural competency. Additional topics must relate to growth, knowledge, and skill-based training that would enhance the candidate's professional skill in providing care for persons with medical, psychiatric, neurocognitive, and developmental conditions commonly assessed by psychologists and neuropsychologists. (5) The education and training specified in subdivisions (c)(4)(D)(i)-(iii) may be obtained through any combination of the following: (A) Participating in individual or group instruction by a licensed psychologist or senior psychological examiner; (B) Engaging in independent learning directed by a licensed psychologist or senior psychological examiner; (C) Completing graduate-level coursework at a regionally accredited university, college, or professional school; or (D) Taking continuing education courses from organizations offering continuing education sponsorships. (6) This chapter does not prevent a person engaged in gaining the experience, training, or education required by subdivision (c)(4)(D) from administering and scoring psychological and neuropsychological tests. Amended by 2023 Tenn. Acts, ch. 442, s 13, eff. 1/1/2024. Acts 1953, ch. 169, § 8 (Williams, § 7082.8); T.C.A. (orig. ed.), § 63-1111; Acts 1984, ch. 937, § 44; 1995, ch. 167, § 5; 1996, ch. 973, § 3; 1996, ch. 980, § 1; 2001, ch. 123, § 17.
(a) (1) Any person wishing to obtain the right to practice as a psychological examiner in this state, who has not heretofore been licensed to do so, shall, before it is lawful for such person to practice as a psychological examiner in this state, make application to the board through the chair, upon such form and in such manner as shall be adopted and prescribed by the board. (2) Unless such a person has obtained a license as prescribed in subdivision (a)(1), it is unlawful for such person to practice; and if such person practices as a psychological examiner without first having obtained such a license, such person has violated this chapter. (3) A candidate for such license shall furnish the board with satisfactory evidence that such candidate: (A) Is of good moral character; (B) Is a citizen of the United States; (C) Has had two (2) academic years of graduate training in psychology, including a master's degree, from an accredited educational institution recognized by the board as maintaining satisfactory standards, or in lieu thereof, such training and experience as the board shall consider equivalent thereto. The board may, at its discretion, consider equivalent training and experience when presented by qualified applicants with a masters' degree in psychology whose credentials differ slightly than those prescribed in this subdivision (a)(3)(C). In such cases the qualified candidate must petition the board for a waiver and specifically request the board utilize its discretionary authority; (D) Is competent as a psychological examiner, as shown by passing such examinations, written or oral, or both, as the board deems necessary; (E) Is not considered by the board to be engaged in unethical practice; and (F) Has not, within the preceding six (6) months, failed an examination given by the board; provided, that the board may, at its discretion, accept satisfactory substitute training and experience in lieu of that prescribed in subdivision (c)(3). (4) No new psychological examiner licenses shall be issued for applications received by the board after December 31, 2004. (5) The discontinued issuance of psychological examiners licenses or the designation of senior psychological examiners shall in no way impair or abridge the right of duly licensed psychological examiners to practice within the scope of their license or to renew their licensure status as required by law.
(1) Any person wishing to obtain the right to practice as a psychological examiner in this state, who has not heretofore been licensed to do so, shall, before it is lawful for such person to practice as a psychological examiner in this state, make application to the board through the chair, upon such form and in such manner as shall be adopted and prescribed by the board.
(2) Unless such a person has obtained a license as prescribed in subdivision (a)(1), it is unlawful for such person to practice; and if such person practices as a psychological examiner without first having obtained such a license, such person has violated this chapter.
(3) A candidate for such license shall furnish the board with satisfactory evidence that such candidate: (A) Is of good moral character; (B) Is a citizen of the United States; (C) Has had two (2) academic years of graduate training in psychology, including a master's degree, from an accredited educational institution recognized by the board as maintaining satisfactory standards, or in lieu thereof, such training and experience as the board shall consider equivalent thereto. The board may, at its discretion, consider equivalent training and experience when presented by qualified applicants with a masters' degree in psychology whose credentials differ slightly than those prescribed in this subdivision (a)(3)(C). In such cases the qualified candidate must petition the board for a waiver and specifically request the board utilize its discretionary authority; (D) Is competent as a psychological examiner, as shown by passing such examinations, written or oral, or both, as the board deems necessary; (E) Is not considered by the board to be engaged in unethical practice; and (F) Has not, within the preceding six (6) months, failed an examination given by the board; provided, that the board may, at its discretion, accept satisfactory substitute training and experience in lieu of that prescribed in subdivision (c)(3).
(A) Is of good moral character;
(B) Is a citizen of the United States;
(C) Has had two (2) academic years of graduate training in psychology, including a master's degree, from an accredited educational institution recognized by the board as maintaining satisfactory standards, or in lieu thereof, such training and experience as the board shall consider equivalent thereto. The board may, at its discretion, consider equivalent training and experience when presented by qualified applicants with a masters' degree in psychology whose credentials differ slightly than those prescribed in this subdivision (a)(3)(C). In such cases the qualified candidate must petition the board for a waiver and specifically request the board utilize its discretionary authority;
(D) Is competent as a psychological examiner, as shown by passing such examinations, written or oral, or both, as the board deems necessary;
(E) Is not considered by the board to be engaged in unethical practice; and
(F) Has not, within the preceding six (6) months, failed an examination given by the board; provided, that the board may, at its discretion, accept satisfactory substitute training and experience in lieu of that prescribed in subdivision (c)(3).
(4) No new psychological examiner licenses shall be issued for applications received by the board after December 31, 2004.
(5) The discontinued issuance of psychological examiners licenses or the designation of senior psychological examiners shall in no way impair or abridge the right of duly licensed psychological examiners to practice within the scope of their license or to renew their licensure status as required by law.
(b) (1) Any person seeking to practice as a certified psychological assistant in this state shall, before it is lawful for such person to practice as a certified psychological assistant, make application to the board through the chair, upon such form and in such manner as shall be adopted and prescribed by the board, including, but not limited to, the proper registration with the board of the supervisor of record for the certified psychological assistant. Unless such person obtains a proper certificate as issued by the board, it is unlawful for a person to practice; and if such person practices as a certified psychological assistant without first having obtained a proper certificate, such person has violated this chapter. (2) A candidate for certification shall furnish the board with satisfactory evidence that such candidate: (A) Is of good moral character; (B) Is a citizen of the United States; (C) Is not considered by the board to be engaged in unethical practice; and (D) Has had two (2) academic years of graduate training in psychology, including a master's degree, from an accredited educational institution recognized by the board as maintaining satisfactory standards, or in lieu thereof, such training and experience as the board shall consider equivalent thereto. Such graduate training must include specialized training in psychological assessment, test construction and measurement, the administration and interpretation of psychological testing, interviewing skills and social history methods. The board may, at its discretion, consider equivalent training and experience when presented by qualified applicants with a master's degree in psychology whose credentials differ slightly than those prescribed in this subdivision (b)(2)(D). However, all applicants must in their graduate training show evidence of supervised practicum experience in the administration and interpretation of psychological testing, assessment procedures and social history and feedback interviewing techniques as determined by the board in order to fulfill educational requirements for certification.
(1) Any person seeking to practice as a certified psychological assistant in this state shall, before it is lawful for such person to practice as a certified psychological assistant, make application to the board through the chair, upon such form and in such manner as shall be adopted and prescribed by the board, including, but not limited to, the proper registration with the board of the supervisor of record for the certified psychological assistant. Unless such person obtains a proper certificate as issued by the board, it is unlawful for a person to practice; and if such person practices as a certified psychological assistant without first having obtained a proper certificate, such person has violated this chapter.
(2) A candidate for certification shall furnish the board with satisfactory evidence that such candidate: (A) Is of good moral character; (B) Is a citizen of the United States; (C) Is not considered by the board to be engaged in unethical practice; and (D) Has had two (2) academic years of graduate training in psychology, including a master's degree, from an accredited educational institution recognized by the board as maintaining satisfactory standards, or in lieu thereof, such training and experience as the board shall consider equivalent thereto. Such graduate training must include specialized training in psychological assessment, test construction and measurement, the administration and interpretation of psychological testing, interviewing skills and social history methods. The board may, at its discretion, consider equivalent training and experience when presented by qualified applicants with a master's degree in psychology whose credentials differ slightly than those prescribed in this subdivision (b)(2)(D). However, all applicants must in their graduate training show evidence of supervised practicum experience in the administration and interpretation of psychological testing, assessment procedures and social history and feedback interviewing techniques as determined by the board in order to fulfill educational requirements for certification.
(A) Is of good moral character;
(B) Is a citizen of the United States;
(C) Is not considered by the board to be engaged in unethical practice; and
(D) Has had two (2) academic years of graduate training in psychology, including a master's degree, from an accredited educational institution recognized by the board as maintaining satisfactory standards, or in lieu thereof, such training and experience as the board shall consider equivalent thereto. Such graduate training must include specialized training in psychological assessment, test construction and measurement, the administration and interpretation of psychological testing, interviewing skills and social history methods. The board may, at its discretion, consider equivalent training and experience when presented by qualified applicants with a master's degree in psychology whose credentials differ slightly than those prescribed in this subdivision (b)(2)(D). However, all applicants must in their graduate training show evidence of supervised practicum experience in the administration and interpretation of psychological testing, assessment procedures and social history and feedback interviewing techniques as determined by the board in order to fulfill educational requirements for certification.
(c) (1) A person seeking to practice as a certified psychological testing technician in this state shall, before it is lawful for the person to practice as a certified psychological testing technician, make application to the board, upon such form and in such manner as is adopted and prescribed by the board, including, but not limited to, the proper registration with the board of the supervisor or supervisors of record for the certified psychological testing technician. Unless the person obtains a proper certificate as issued by the board, it is unlawful for the person to practice. The person violates this chapter if the person practices as a certified psychological testing technician without first having obtained a proper certificate. (2) As used in subdivision (c)(1), "practice as a certified psychological testing technician" means the individual is duly authorized by the board to administer and score standardized psychological and neuropsychological tests and to observe and describe a client's test behavior and test responses. A certified psychological testing technician shall not select psychological or neuropsychological tests or versions of tests to be given, interpret test results, write test results, or give test feedback to clients. (3) The services provided by a certified psychological testing technician must be provided under the supervision of a psychologist or senior psychological examiner who is registered with the board as a supervisor of record to provide such supervision for the certified psychological testing technician. The certified psychological testing technician must be employed by, or contracted with, the same work setting as the supervising psychologist or senior psychological examiner who is registered with the board. (4) A candidate for certification shall furnish the board with satisfactory evidence that the candidate: (A) Is of good moral character; (B) Is a citizen or legal resident of the United States; (C) Is not considered by the board to be engaged in unethical practice; and (D) Proof of completion of a bachelor's degree or graduate degree, or proof of current enrollment in a graduate degree program, from a regionally accredited university, college, or professional school, in either psychology or education with a specialization in educational psychology, counseling psychology, or school psychology. The candidate's educational training must consist of a minimum of seventy-two (72) hours of total education and training relating to psychological or neuropsychological test administration and scoring that includes the following: (i) At least twenty (20) hours of direct observation, including at least ten (10) hours of direct observation of a licensed psychologist or senior psychological examiner administering and scoring tests, and at least ten (10) hours of direct observation of either a licensed psychologist, senior psychological examiner, or certified psychological testing technician duly registered by the board administering and scoring tests; (ii) At least forty (40) hours of administering and scoring tests in the presence of a licensed psychologist or senior psychological examiner; and (iii) At least twelve (12) hours of additional education on topics related to best practices for the functions identified in subdivision (c)(2). Of those twelve (12) hours, at least three (3) hours must be specifically dedicated to law and ethics, and at least three (3) hours must be dedicated to multicultural competency. Additional topics must relate to growth, knowledge, and skill-based training that would enhance the candidate's professional skill in providing care for persons with medical, psychiatric, neurocognitive, and developmental conditions commonly assessed by psychologists and neuropsychologists. (5) The education and training specified in subdivisions (c)(4)(D)(i)-(iii) may be obtained through any combination of the following: (A) Participating in individual or group instruction by a licensed psychologist or senior psychological examiner; (B) Engaging in independent learning directed by a licensed psychologist or senior psychological examiner; (C) Completing graduate-level coursework at a regionally accredited university, college, or professional school; or (D) Taking continuing education courses from organizations offering continuing education sponsorships. (6) This chapter does not prevent a person engaged in gaining the experience, training, or education required by subdivision (c)(4)(D) from administering and scoring psychological and neuropsychological tests.
(1) A person seeking to practice as a certified psychological testing technician in this state shall, before it is lawful for the person to practice as a certified psychological testing technician, make application to the board, upon such form and in such manner as is adopted and prescribed by the board, including, but not limited to, the proper registration with the board of the supervisor or supervisors of record for the certified psychological testing technician. Unless the person obtains a proper certificate as issued by the board, it is unlawful for the person to practice. The person violates this chapter if the person practices as a certified psychological testing technician without first having obtained a proper certificate.
(2) As used in subdivision (c)(1), "practice as a certified psychological testing technician" means the individual is duly authorized by the board to administer and score standardized psychological and neuropsychological tests and to observe and describe a client's test behavior and test responses. A certified psychological testing technician shall not select psychological or neuropsychological tests or versions of tests to be given, interpret test results, write test results, or give test feedback to clients.
(3) The services provided by a certified psychological testing technician must be provided under the supervision of a psychologist or senior psychological examiner who is registered with the board as a supervisor of record to provide such supervision for the certified psychological testing technician. The certified psychological testing technician must be employed by, or contracted with, the same work setting as the supervising psychologist or senior psychological examiner who is registered with the board.
(4) A candidate for certification shall furnish the board with satisfactory evidence that the candidate: (A) Is of good moral character; (B) Is a citizen or legal resident of the United States; (C) Is not considered by the board to be engaged in unethical practice; and (D) Proof of completion of a bachelor's degree or graduate degree, or proof of current enrollment in a graduate degree program, from a regionally accredited university, college, or professional school, in either psychology or education with a specialization in educational psychology, counseling psychology, or school psychology. The candidate's educational training must consist of a minimum of seventy-two (72) hours of total education and training relating to psychological or neuropsychological test administration and scoring that includes the following: (i) At least twenty (20) hours of direct observation, including at least ten (10) hours of direct observation of a licensed psychologist or senior psychological examiner administering and scoring tests, and at least ten (10) hours of direct observation of either a licensed psychologist, senior psychological examiner, or certified psychological testing technician duly registered by the board administering and scoring tests; (ii) At least forty (40) hours of administering and scoring tests in the presence of a licensed psychologist or senior psychological examiner; and (iii) At least twelve (12) hours of additional education on topics related to best practices for the functions identified in subdivision (c)(2). Of those twelve (12) hours, at least three (3) hours must be specifically dedicated to law and ethics, and at least three (3) hours must be dedicated to multicultural competency. Additional topics must relate to growth, knowledge, and skill-based training that would enhance the candidate's professional skill in providing care for persons with medical, psychiatric, neurocognitive, and developmental conditions commonly assessed by psychologists and neuropsychologists.
(A) Is of good moral character;
(B) Is a citizen or legal resident of the United States;
(C) Is not considered by the board to be engaged in unethical practice; and
(D) Proof of completion of a bachelor's degree or graduate degree, or proof of current enrollment in a graduate degree program, from a regionally accredited university, college, or professional school, in either psychology or education with a specialization in educational psychology, counseling psychology, or school psychology. The candidate's educational training must consist of a minimum of seventy-two (72) hours of total education and training relating to psychological or neuropsychological test administration and scoring that includes the following: (i) At least twenty (20) hours of direct observation, including at least ten (10) hours of direct observation of a licensed psychologist or senior psychological examiner administering and scoring tests, and at least ten (10) hours of direct observation of either a licensed psychologist, senior psychological examiner, or certified psychological testing technician duly registered by the board administering and scoring tests; (ii) At least forty (40) hours of administering and scoring tests in the presence of a licensed psychologist or senior psychological examiner; and (iii) At least twelve (12) hours of additional education on topics related to best practices for the functions identified in subdivision (c)(2). Of those twelve (12) hours, at least three (3) hours must be specifically dedicated to law and ethics, and at least three (3) hours must be dedicated to multicultural competency. Additional topics must relate to growth, knowledge, and skill-based training that would enhance the candidate's professional skill in providing care for persons with medical, psychiatric, neurocognitive, and developmental conditions commonly assessed by psychologists and neuropsychologists.
(i) At least twenty (20) hours of direct observation, including at least ten (10) hours of direct observation of a licensed psychologist or senior psychological examiner administering and scoring tests, and at least ten (10) hours of direct observation of either a licensed psychologist, senior psychological examiner, or certified psychological testing technician duly registered by the board administering and scoring tests;
(ii) At least forty (40) hours of administering and scoring tests in the presence of a licensed psychologist or senior psychological examiner; and
(iii) At least twelve (12) hours of additional education on topics related to best practices for the functions identified in subdivision (c)(2). Of those twelve (12) hours, at least three (3) hours must be specifically dedicated to law and ethics, and at least three (3) hours must be dedicated to multicultural competency. Additional topics must relate to growth, knowledge, and skill-based training that would enhance the candidate's professional skill in providing care for persons with medical, psychiatric, neurocognitive, and developmental conditions commonly assessed by psychologists and neuropsychologists.
(5) The education and training specified in subdivisions (c)(4)(D)(i)-(iii) may be obtained through any combination of the following: (A) Participating in individual or group instruction by a licensed psychologist or senior psychological examiner; (B) Engaging in independent learning directed by a licensed psychologist or senior psychological examiner; (C) Completing graduate-level coursework at a regionally accredited university, college, or professional school; or (D) Taking continuing education courses from organizations offering continuing education sponsorships.
(A) Participating in individual or group instruction by a licensed psychologist or senior psychological examiner;
(B) Engaging in independent learning directed by a licensed psychologist or senior psychological examiner;
(C) Completing graduate-level coursework at a regionally accredited university, college, or professional school; or
(D) Taking continuing education courses from organizations offering continuing education sponsorships.
(6) This chapter does not prevent a person engaged in gaining the experience, training, or education required by subdivision (c)(4)(D) from administering and scoring psychological and neuropsychological tests.
Amended by 2023 Tenn. Acts, ch. 442, s 13, eff. 1/1/2024.
Acts 1953, ch. 169, § 8 (Williams, § 7082.8); T.C.A. (orig. ed.), § 63-1111; Acts 1984, ch. 937, § 44; 1995, ch. 167, § 5; 1996, ch. 973, § 3; 1996, ch. 980, § 1; 2001, ch. 123, § 17.
Tenn. Code Ann. § 63-25-107 — TN Code / Title 63 / Chapter 25 / Section 63-25-107
Powers and duties of board
Status: in_force

In addition to the powers granted elsewhere in this chapter, the board has the duty to: (1) Promulgate, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, all rules that are reasonably necessary for the performance of the various duties imposed upon the board in the proper administration of this chapter; (2) Set fees, after consultation with the department and subject to the maximum limitations prescribed in this chapter, relative to the application, examination, licensing and renewal thereof in amounts sufficient to pay all of the expenses of the board directly attributable to the performance of its duties pursuant to this chapter; (3) Review and approve or reject the qualifications of applicants for licensure and to issue, in the board's name, all approved licenses, certificates and permits; (4) Collect or receive all fees, fines and moneys owed pursuant to this chapter and to pay the same into the general fund of the state. For purposes of implementing subdivision (2), the board shall designate any such fees, fines or moneys collected pursuant to the regulation of dietitians/nutritionists; and (5) Deny, suspend or revoke the license of or to otherwise discipline by an administrative penalty not to exceed five hundred dollars ($500), or by reprimand, a license holder who is guilty of violating any provisions of this chapter or who is guilty of violating the rules and regulations of the board duly promulgated pursuant to this chapter. Acts 1987, ch. 384, § 8.
In addition to the powers granted elsewhere in this chapter, the board has the duty to:
(1) Promulgate, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, all rules that are reasonably necessary for the performance of the various duties imposed upon the board in the proper administration of this chapter;
(2) Set fees, after consultation with the department and subject to the maximum limitations prescribed in this chapter, relative to the application, examination, licensing and renewal thereof in amounts sufficient to pay all of the expenses of the board directly attributable to the performance of its duties pursuant to this chapter;
(3) Review and approve or reject the qualifications of applicants for licensure and to issue, in the board's name, all approved licenses, certificates and permits;
(4) Collect or receive all fees, fines and moneys owed pursuant to this chapter and to pay the same into the general fund of the state. For purposes of implementing subdivision (2), the board shall designate any such fees, fines or moneys collected pursuant to the regulation of dietitians/nutritionists; and
(5) Deny, suspend or revoke the license of or to otherwise discipline by an administrative penalty not to exceed five hundred dollars ($500), or by reprimand, a license holder who is guilty of violating any provisions of this chapter or who is guilty of violating the rules and regulations of the board duly promulgated pursuant to this chapter.
Acts 1987, ch. 384, § 8.
Tenn. Code Ann. § 63-8-105 — TN Code / Title 63 / Chapter 8 / Section 63-8-105
Appointments to the board
Status: in_force

(a) The members of the board shall be appointed by the governor. Members may be appointed from lists of qualified nominees submitted by interested optometric groups, including, but not limited to, the Tennessee Association of Optometric Physicians. The governor shall consult with such interested groups to determine qualified persons to fill the positions. (b) A member shall continue to serve until that member's successor is appointed. A vacancy created by the death, resignation or removal of a member shall be temporarily filled by the board after thirty (30) days. The person filling such vacancy shall serve until the governor makes the appointment as provided in this section. An appointment shall be for the remainder of the unexpired term. Acts 1925, ch. 99, § 4; Shan. Supp., § 3654a12; Code 1932, § 7029; C. Supp. 1950, § 7029; Acts 1955, ch. 331, § 1; 1979, ch. 406, § 10; T.C.A. (orig. ed.), § 63-805; Acts 1988, ch. 1013, § 46; 1989, ch. 428, §2; 2011 , ch. 164, §1; 2012 , ch. 696, § 1.
(a) The members of the board shall be appointed by the governor. Members may be appointed from lists of qualified nominees submitted by interested optometric groups, including, but not limited to, the Tennessee Association of Optometric Physicians. The governor shall consult with such interested groups to determine qualified persons to fill the positions.
(b) A member shall continue to serve until that member's successor is appointed. A vacancy created by the death, resignation or removal of a member shall be temporarily filled by the board after thirty (30) days. The person filling such vacancy shall serve until the governor makes the appointment as provided in this section. An appointment shall be for the remainder of the unexpired term.
Acts 1925, ch. 99, § 4; Shan. Supp., § 3654a12; Code 1932, § 7029; C. Supp. 1950, § 7029; Acts 1955, ch. 331, § 1; 1979, ch. 406, § 10; T.C.A. (orig. ed.), § 63-805; Acts 1988, ch. 1013, § 46; 1989, ch. 428, §2; 2011 , ch. 164, §1; 2012 , ch. 696, § 1.
Tenn. Code Ann. § 63-10-223 — TN Code / Title 63 / Chapter 10 / Section 63-10-223
Agreement limiting ability of pharmacist to discuss issue related to dispensing of controlled substance with patient void and unenforceable
Status: in_force

(a) The general assembly finds that patient access to information about controlled substances is crucial to combating the deadly opioid epidemic in this state and that any obstacle to patients' receiving information about controlled substances is a serious threat to public health. (b) Any agreement purporting to limit the ability of a pharmacist to discuss any issue related to the dispensing of a controlled substance with a patient is contrary to the public policy of this state and is void and unenforceable. This includes, but is not limited to, information about the risks, effects, and characteristics of the controlled substance; what to expect when taking the controlled substance and how the controlled substance should be used; reasonable alternatives to the prescribed controlled substance; and any applicable cost sharing for a controlled substance or any amount an individual would pay for a controlled substance if that individual were paying cash. Acts 2018 , ch. 1039, § 7.
(a) The general assembly finds that patient access to information about controlled substances is crucial to combating the deadly opioid epidemic in this state and that any obstacle to patients' receiving information about controlled substances is a serious threat to public health.
(b) Any agreement purporting to limit the ability of a pharmacist to discuss any issue related to the dispensing of a controlled substance with a patient is contrary to the public policy of this state and is void and unenforceable. This includes, but is not limited to, information about the risks, effects, and characteristics of the controlled substance; what to expect when taking the controlled substance and how the controlled substance should be used; reasonable alternatives to the prescribed controlled substance; and any applicable cost sharing for a controlled substance or any amount an individual would pay for a controlled substance if that individual were paying cash.
Acts 2018 , ch. 1039, § 7.
Tenn. Code Ann. § 63-13-104 — TN Code / Title 63 / Chapter 13 / Section 63-13-104
Unauthorized practice of medicine - Scope of practice
Status: in_force

(a) Nothing in this chapter shall be construed as allowing physical therapists to practice medicine, osteopathy, podiatry, chiropractic or nursing. (b) (1) Except as provided in § 63-13-303 , the scope of practice of physical therapy is under the written or oral referral of a licensed: (A) Doctor of medicine, chiropractic, dentistry, podiatry, or osteopathy; or (B) Nurse practitioner or physician assistant pursuant to § 63-6-204(b) . (2) The scope of practice of physical therapy shall not include the performance of treatment where the physical therapist or physical therapist assistant uses direct thrust to move a joint of the patient's spine beyond its normal range of motion without exceeding the limits of anatomical integrity. Amended by 2023 Tenn. Acts, ch. 107, s 1, eff. 4/4/2023. Acts 1999, ch. 528, § 10; 2007 , ch. 423, § 1.
(a) Nothing in this chapter shall be construed as allowing physical therapists to practice medicine, osteopathy, podiatry, chiropractic or nursing.
(b) (1) Except as provided in § 63-13-303 , the scope of practice of physical therapy is under the written or oral referral of a licensed: (A) Doctor of medicine, chiropractic, dentistry, podiatry, or osteopathy; or (B) Nurse practitioner or physician assistant pursuant to § 63-6-204(b) . (2) The scope of practice of physical therapy shall not include the performance of treatment where the physical therapist or physical therapist assistant uses direct thrust to move a joint of the patient's spine beyond its normal range of motion without exceeding the limits of anatomical integrity.
(1) Except as provided in § 63-13-303 , the scope of practice of physical therapy is under the written or oral referral of a licensed: (A) Doctor of medicine, chiropractic, dentistry, podiatry, or osteopathy; or (B) Nurse practitioner or physician assistant pursuant to § 63-6-204(b) .
(A) Doctor of medicine, chiropractic, dentistry, podiatry, or osteopathy; or
(B) Nurse practitioner or physician assistant pursuant to § 63-6-204(b) .
(2) The scope of practice of physical therapy shall not include the performance of treatment where the physical therapist or physical therapist assistant uses direct thrust to move a joint of the patient's spine beyond its normal range of motion without exceeding the limits of anatomical integrity.
Amended by 2023 Tenn. Acts, ch. 107, s 1, eff. 4/4/2023.
Acts 1999, ch. 528, § 10; 2007 , ch. 423, § 1.
Tenn. Code Ann. § 63-7-112 — TN Code / Title 63 / Chapter 7 / Section 63-7-112
Use of "licensed practical nurse" title
Status: in_force

Any person who holds a license to practice practical nursing under this chapter shall, during the effective period of such license, be entitled to use the title "nurse," "licensed practical nurse" or the abbreviation "L.P.N." No other person shall assume such titles or use such abbreviation or any other words, letters or signs to indicate that the person using the same is a licensed practical nurse. Acts 1967, ch. 78, § 21; T.C.A., § 63-749; Acts 2004, ch. 573, § 2.
Any person who holds a license to practice practical nursing under this chapter shall, during the effective period of such license, be entitled to use the title "nurse," "licensed practical nurse" or the abbreviation "L.P.N." No other person shall assume such titles or use such abbreviation or any other words, letters or signs to indicate that the person using the same is a licensed practical nurse.
Acts 1967, ch. 78, § 21; T.C.A., § 63-749; Acts 2004, ch. 573, § 2.
Tenn. Code Ann. § 63-30-103 — TN Code / Title 63 / Chapter 30 / Section 63-30-103
Registration
Status: in_force

(a) No person shall engage in the practice of reflexology unless such person has registered with the division of health-related boards. (b) No person shall be registered to practice reflexology unless such person completes all necessary application forms and can demonstrate to the satisfaction of the division that such person complies with the criteria specified in this chapter. (c) Any person who desires registration as a certified reflexologist shall submit an application to the division on the prescribed forms. The application shall be accompanied by: (1) Documentation of completion of a two hundred (200) hour reflexology only course offered by an institution approved by the Tennessee higher education commission or its equivalent in other states; (2) Proof that the applicant has attained eighteen (18) years of age; (3) Two (2) character references stating that the applicant is of good moral character; (4) A statement certifying that the applicant has not been convicted of a felony under the laws of this state or any other state for the commission of an offense that bears directly on the applicant's fitness to practice competently, as determined by the division. However, such determination shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 1, part 1 of this title; and (5) All required fees. Amended by 2018 Tenn. Acts, ch. 745, s 43, eff. 7/1/2018. Amended by 2016 Tenn. Acts, ch. 719, s 7, eff. 4/6/2016. Acts 2001, ch. 389, § 4; 2004, ch. 465, §§ 2, 3.
(a) No person shall engage in the practice of reflexology unless such person has registered with the division of health-related boards.
(b) No person shall be registered to practice reflexology unless such person completes all necessary application forms and can demonstrate to the satisfaction of the division that such person complies with the criteria specified in this chapter.
(c) Any person who desires registration as a certified reflexologist shall submit an application to the division on the prescribed forms. The application shall be accompanied by: (1) Documentation of completion of a two hundred (200) hour reflexology only course offered by an institution approved by the Tennessee higher education commission or its equivalent in other states; (2) Proof that the applicant has attained eighteen (18) years of age; (3) Two (2) character references stating that the applicant is of good moral character; (4) A statement certifying that the applicant has not been convicted of a felony under the laws of this state or any other state for the commission of an offense that bears directly on the applicant's fitness to practice competently, as determined by the division. However, such determination shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 1, part 1 of this title; and (5) All required fees.
(1) Documentation of completion of a two hundred (200) hour reflexology only course offered by an institution approved by the Tennessee higher education commission or its equivalent in other states;
(2) Proof that the applicant has attained eighteen (18) years of age;
(3) Two (2) character references stating that the applicant is of good moral character;
(4) A statement certifying that the applicant has not been convicted of a felony under the laws of this state or any other state for the commission of an offense that bears directly on the applicant's fitness to practice competently, as determined by the division. However, such determination shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 1, part 1 of this title; and
(5) All required fees.
Amended by 2018 Tenn. Acts, ch. 745, s 43, eff. 7/1/2018.
Amended by 2016 Tenn. Acts, ch. 719, s 7, eff. 4/6/2016.
Acts 2001, ch. 389, § 4; 2004, ch. 465, §§ 2, 3.
Tenn. Code Ann. § 63-1-172 — TN Code / Title 63 / Chapter 1 / Section 63-1-172
Referral or order of services as part of child's IEP by healthcare providers
Status: in_force

(a) For the purposes of providing services in a school setting pursuant to a child's individualized education program (IEP), the following healthcare providers licensed pursuant to this title may refer or order services within their scope of practice as part of a child's IEP: (1) A physical therapist licensed under chapter 13 of this title may order or make a referral for physical therapy services for a child, and qualifies as a licensed practitioner of the healing arts for the purpose of 42 C.F.R. 440.110(a)(1) ; (2) An occupational therapist licensed under chapter 13 of this title may order or make a referral for occupational therapy services for a child, and qualifies as a licensed practitioner of the healing arts for the purpose of 42 C.F.R. 440.110(b)(1) ; (3) A speech-language pathologist licensed under chapter 17 of this title may order or make a referral for speech-language pathology services for a child, and qualifies as a licensed practitioner of the healing arts for the purpose of 42 C.F.R. 440.110(c)(1) ; and (4) An audiologist licensed under chapter 17 of this title may order or make a referral for audiology services for a child, and qualifies as a licensed practitioner of the healing arts for the purpose of 42 C.F.R. 440.110(c)(1) . (b) An order or referral made in accordance with this section may be evidenced by the signature of the healthcare provider in the student's IEP; provided, that the child has been appropriately evaluated and assessed by the provider making the referral or order. Added by 2022 Tenn. Acts, ch. 695, s 1, eff. 7/1/2022.
(a) For the purposes of providing services in a school setting pursuant to a child's individualized education program (IEP), the following healthcare providers licensed pursuant to this title may refer or order services within their scope of practice as part of a child's IEP: (1) A physical therapist licensed under chapter 13 of this title may order or make a referral for physical therapy services for a child, and qualifies as a licensed practitioner of the healing arts for the purpose of 42 C.F.R. 440.110(a)(1) ; (2) An occupational therapist licensed under chapter 13 of this title may order or make a referral for occupational therapy services for a child, and qualifies as a licensed practitioner of the healing arts for the purpose of 42 C.F.R. 440.110(b)(1) ; (3) A speech-language pathologist licensed under chapter 17 of this title may order or make a referral for speech-language pathology services for a child, and qualifies as a licensed practitioner of the healing arts for the purpose of 42 C.F.R. 440.110(c)(1) ; and (4) An audiologist licensed under chapter 17 of this title may order or make a referral for audiology services for a child, and qualifies as a licensed practitioner of the healing arts for the purpose of 42 C.F.R. 440.110(c)(1) .
(1) A physical therapist licensed under chapter 13 of this title may order or make a referral for physical therapy services for a child, and qualifies as a licensed practitioner of the healing arts for the purpose of 42 C.F.R. 440.110(a)(1) ;
(2) An occupational therapist licensed under chapter 13 of this title may order or make a referral for occupational therapy services for a child, and qualifies as a licensed practitioner of the healing arts for the purpose of 42 C.F.R. 440.110(b)(1) ;
(3) A speech-language pathologist licensed under chapter 17 of this title may order or make a referral for speech-language pathology services for a child, and qualifies as a licensed practitioner of the healing arts for the purpose of 42 C.F.R. 440.110(c)(1) ; and
(4) An audiologist licensed under chapter 17 of this title may order or make a referral for audiology services for a child, and qualifies as a licensed practitioner of the healing arts for the purpose of 42 C.F.R. 440.110(c)(1) .
(b) An order or referral made in accordance with this section may be evidenced by the signature of the healthcare provider in the student's IEP; provided, that the child has been appropriately evaluated and assessed by the provider making the referral or order.
Added by 2022 Tenn. Acts, ch. 695, s 1, eff. 7/1/2022.
Tenn. Code Ann. § 63-1-402 — TN Code / Title 63 / Chapter 1 / Section 63-1-402
Prescribers required to hold a current federal DEA license and to complete continuing education - Exceptions to application of part
Status: in_force

(a) On or after July 1, 2014, all prescribers who hold a current federal drug enforcement administration (DEA) license and who prescribe controlled substances shall be required to complete a minimum of two (2) hours of continuing education related to controlled substance prescribing biennially to count toward the licensees' mandatory continuing education. (b) The continuing education must include instruction in the department's treatment guidelines on opioids, benzodiazepines, barbiturates, and carisoprodol, and may include such other topics as medicine addiction, risk management tools, and other topics as approved by the respective licensing boards. (c) This section shall not apply to veterinarians, providers practicing at a registered pain management clinic as defined in § 63-1-301 or to medical doctors or osteopathic physicians board certified by the American Board of Medical Specialties (ABMS), or American Osteopathic Association (AOA), or the American Board of Physician Specialties (ABPS) in one (1) or more of the following specialties or subspecialties: (1) Pain management; (2) Anesthesiology; (3) Physical medicine and rehabilitation; (4) Neurology; or (5) Rheumatology. Added by 2013 Tenn. Acts, ch. 430,s 2, eff. 5/16/2013.
(a) On or after July 1, 2014, all prescribers who hold a current federal drug enforcement administration (DEA) license and who prescribe controlled substances shall be required to complete a minimum of two (2) hours of continuing education related to controlled substance prescribing biennially to count toward the licensees' mandatory continuing education.
(b) The continuing education must include instruction in the department's treatment guidelines on opioids, benzodiazepines, barbiturates, and carisoprodol, and may include such other topics as medicine addiction, risk management tools, and other topics as approved by the respective licensing boards.
(c) This section shall not apply to veterinarians, providers practicing at a registered pain management clinic as defined in § 63-1-301 or to medical doctors or osteopathic physicians board certified by the American Board of Medical Specialties (ABMS), or American Osteopathic Association (AOA), or the American Board of Physician Specialties (ABPS) in one (1) or more of the following specialties or subspecialties: (1) Pain management; (2) Anesthesiology; (3) Physical medicine and rehabilitation; (4) Neurology; or (5) Rheumatology.
(1) Pain management;
(2) Anesthesiology;
(3) Physical medicine and rehabilitation;
(4) Neurology; or
(5) Rheumatology.
Added by 2013 Tenn. Acts, ch. 430,s 2, eff. 5/16/2013.
Tenn. Code Ann. § 63-1-306 — TN Code / Title 63 / Chapter 1 / Section 63-1-306
Medical director - Operation certificate - Disciplinary action
Status: in_force

(a) (1) Each pain management clinic must have a medical director who is a medical doctor or osteopathic physician who practices in this state under an unrestricted and unencumbered license issued pursuant to § 63-6-201 or § 63-9-104 . (2) In addition to the requirements of subdivision (a)(1), each physician serving as a medical director at a pain management clinic shall be a pain management specialist. (3) (A) All advanced practice registered nurses licensed under chapter 7 of this title, who practice in a licensed pain clinic, shall collaborate with a pain medicine specialist. (B) All physician assistants licensed under chapter 19 of this title who practice in a licensed pain clinic shall collaborate with a pain medicine specialist. (b) In the event that the medical director, for whatever reason, no longer meets the requirements of this part, the pain management clinic must notify the department, in writing within ten (10) business days, of the identity of another physician who meets the requirements of this part and will act as medical director and provide all necessary documentation required by the department to establish that the replacement is qualified as required by this part. Any clinic that fails to provide such timely written notice must cease operations until the notice is provided and the department has confirmed in writing that the replacement medical director is duly qualified. Continuation of operations without the timely written notice required by this subsection (b) constitutes grounds for disciplinary action against the clinic under this part. (c) Any board that assesses any discipline or penalty against a provider that it licenses for a violation of rules promulgated under this part shall inform the department of any penalty or discipline imposed on such a provider for a violation of rules promulgated under this part within thirty (30) days of imposing the discipline or penalty, and the department may consider such discipline or penalty as a basis for disciplinary action against the pain management clinic pursuant to this subsection (c). (d) The pain management clinic shall post the license in a conspicuous location so as to be clearly visible to patients. (e) The department shall have the authority to adopt rules, including emergency rules if deemed necessary, to implement this part for which the department has responsibility. Amended by 2018 Tenn. Acts, ch. 610,s 1, eff. 7/1/2018. Amended by 2017 Tenn. Acts, ch. 334,s 1, eff. 7/1/2017. Amended by 2016 Tenn. Acts, ch. 1033,s 10, eff. 7/1/2017. Amended by 2015 Tenn. Acts, ch. 475,s 5, eff. 7/1/2015. Amended by 2015 Tenn. Acts, ch. 475,s 4, eff. 7/1/2015. Acts 2011, ch. 340, § 1; 2012, ch. 869, § 4.
(a) (1) Each pain management clinic must have a medical director who is a medical doctor or osteopathic physician who practices in this state under an unrestricted and unencumbered license issued pursuant to § 63-6-201 or § 63-9-104 . (2) In addition to the requirements of subdivision (a)(1), each physician serving as a medical director at a pain management clinic shall be a pain management specialist. (3) (A) All advanced practice registered nurses licensed under chapter 7 of this title, who practice in a licensed pain clinic, shall collaborate with a pain medicine specialist. (B) All physician assistants licensed under chapter 19 of this title who practice in a licensed pain clinic shall collaborate with a pain medicine specialist.
(1) Each pain management clinic must have a medical director who is a medical doctor or osteopathic physician who practices in this state under an unrestricted and unencumbered license issued pursuant to § 63-6-201 or § 63-9-104 .
(2) In addition to the requirements of subdivision (a)(1), each physician serving as a medical director at a pain management clinic shall be a pain management specialist.
(3) (A) All advanced practice registered nurses licensed under chapter 7 of this title, who practice in a licensed pain clinic, shall collaborate with a pain medicine specialist. (B) All physician assistants licensed under chapter 19 of this title who practice in a licensed pain clinic shall collaborate with a pain medicine specialist.
(A) All advanced practice registered nurses licensed under chapter 7 of this title, who practice in a licensed pain clinic, shall collaborate with a pain medicine specialist.
(B) All physician assistants licensed under chapter 19 of this title who practice in a licensed pain clinic shall collaborate with a pain medicine specialist.
(b) In the event that the medical director, for whatever reason, no longer meets the requirements of this part, the pain management clinic must notify the department, in writing within ten (10) business days, of the identity of another physician who meets the requirements of this part and will act as medical director and provide all necessary documentation required by the department to establish that the replacement is qualified as required by this part. Any clinic that fails to provide such timely written notice must cease operations until the notice is provided and the department has confirmed in writing that the replacement medical director is duly qualified. Continuation of operations without the timely written notice required by this subsection (b) constitutes grounds for disciplinary action against the clinic under this part.
(c) Any board that assesses any discipline or penalty against a provider that it licenses for a violation of rules promulgated under this part shall inform the department of any penalty or discipline imposed on such a provider for a violation of rules promulgated under this part within thirty (30) days of imposing the discipline or penalty, and the department may consider such discipline or penalty as a basis for disciplinary action against the pain management clinic pursuant to this subsection (c).
(d) The pain management clinic shall post the license in a conspicuous location so as to be clearly visible to patients.
(e) The department shall have the authority to adopt rules, including emergency rules if deemed necessary, to implement this part for which the department has responsibility.
Amended by 2018 Tenn. Acts, ch. 610,s 1, eff. 7/1/2018.
Amended by 2017 Tenn. Acts, ch. 334,s 1, eff. 7/1/2017.
Amended by 2016 Tenn. Acts, ch. 1033,s 10, eff. 7/1/2017.
Amended by 2015 Tenn. Acts, ch. 475,s 5, eff. 7/1/2015.
Amended by 2015 Tenn. Acts, ch. 475,s 4, eff. 7/1/2015.
Acts 2011, ch. 340, § 1; 2012, ch. 869, § 4.
Tenn. Code Ann. § 63-7-101 — TN Code / Title 63 / Chapter 7 / Section 63-7-101
Purpose of chapter
Status: in_force

The purpose of this chapter is to safeguard life and health by requiring each person who is practicing or is offering to practice nursing to submit evidence that the person is qualified to practice and to be licensed as provided in this chapter. Such evidence of qualifications shall be submitted to the state board of nursing, which is the regulatory body authorized to enforce this chapter. Acts 1967, ch. 78, § 1; T.C.A., § 63-729; Acts 1990, ch. 651, § 1; 2005, ch. 387, § 1.
The purpose of this chapter is to safeguard life and health by requiring each person who is practicing or is offering to practice nursing to submit evidence that the person is qualified to practice and to be licensed as provided in this chapter. Such evidence of qualifications shall be submitted to the state board of nursing, which is the regulatory body authorized to enforce this chapter.
Acts 1967, ch. 78, § 1; T.C.A., § 63-729; Acts 1990, ch. 651, § 1; 2005, ch. 387, § 1.
Tenn. Code Ann. § 63-22-106 — TN Code / Title 63 / Chapter 22 / Section 63-22-106
Marital and family therapists - Fees - Qualifications
Status: in_force

An applicant for licensure as a marital and family therapist shall pay the board a nonrefundable fee as set by the board and shall satisfy the board that the applicant: (1) Is at least eighteen (18) years of age; (2) Is of good moral character; (3) Has met standards set by the board no less stringent than the American Association for Marriage and Family Therapy's standards for a clinical member so long as such standards specify a minimum of a master's level degree; and (4) Shall pass such examination as may be administered by the board. Applicants shall bear the fee for testing in addition to the review fee and application fee. Acts 1984, ch. 933, § 7; 1985, ch. 77, § 2; 1989, ch. 523, § 102; 1991, ch. 141, § 6.
An applicant for licensure as a marital and family therapist shall pay the board a nonrefundable fee as set by the board and shall satisfy the board that the applicant:
(1) Is at least eighteen (18) years of age;
(2) Is of good moral character;
(3) Has met standards set by the board no less stringent than the American Association for Marriage and Family Therapy's standards for a clinical member so long as such standards specify a minimum of a master's level degree; and
(4) Shall pass such examination as may be administered by the board. Applicants shall bear the fee for testing in addition to the review fee and application fee.
Acts 1984, ch. 933, § 7; 1985, ch. 77, § 2; 1989, ch. 523, § 102; 1991, ch. 141, § 6.
Tenn. Code Ann. § 63-10-602 — TN Code / Title 63 / Chapter 10 / Section 63-10-602
Rules for administration and enforcement
Status: in_force

The board of pharmacy shall adopt, amend and repeal rules for the proper administration and enforcement of parts 2-5 of this chapter consistent with § 63-10-601 . The rules shall be adopted, amended or repealed in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 2008 , ch. 1028, § 2.
The board of pharmacy shall adopt, amend and repeal rules for the proper administration and enforcement of parts 2-5 of this chapter consistent with § 63-10-601 . The rules shall be adopted, amended or repealed in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2008 , ch. 1028, § 2.
Tenn. Code Ann. § 63-22-108 — TN Code / Title 63 / Chapter 22 / Section 63-22-108
Renewal, revocation and reinstatement of licenses or certificates - Fees - Disposition of funds - Operating expenses - Retirement
Status: in_force

(a) Each and every license or certificate holder shall pay to the secretary-treasurer of the board a renewal fee to be fixed by the board and shall submit verification of compliance of continuing education requirements as may be set by the board. The secretary of the board shall notify the holder of each license or certificate that the renewal fee is due, and the failure to pay such renewal fee by any license or certificate holder at the expiration of sixty (60) days after the renewal fee is due constitutes a violation of this part. Any license or certificate not renewed within sixty (60) days of the renewal date shall be revoked without further notice, but may be reinstated, if continuing education requirements have been met, upon payment of all past due renewal fees and a penalty per license or certificate. (b) All fees coming into the possession of the board shall be paid by the board to the state treasurer and become a part of the general fund. (c) The commissioner of finance and administration shall make allotments out of the general fund for the proper expenditures of the board and no expenditure shall be made by the board until allotment for the expenditure has been made by the commissioner. Such allotments for the operation of the board shall be disbursed under the general budgetary laws of the state. (d) Any person licensed to practice by this chapter who has retired or may hereafter retire from such practice in this state shall not be made to register as required by this part if such person shall file with this board an affidavit on a form to be furnished by the board, which affidavit shall state the date on which such person retired from such practice and such other facts as shall tend to verify such retirement as the board shall deem necessary. If such person thereafter reengages in such practice in this state, such person shall apply for registration with the board as provided by this part and shall meet other requirements as may be set by the board. (e) (1) Notwithstanding this part to the contrary, the division, with the approval of the commissioner, shall establish a system of license renewals at alternative intervals that will allow for the distribution of the license workload as uniformly as is practicable throughout the calendar year. Licenses issued under the alternative method are valid for twenty-four (24) months and expire on the last day of the last month of the license period. However, during a transition period, or at any time thereafter when the board determines that the volume of work for any given interval is unduly burdensome or costly, either the licenses or renewals, or both of them, may be issued for terms of not less than six (6) months nor more than eighteen (18) months. The fee imposed for any license under the alternative interval method for a period of other than twenty-four (24) months shall be proportionate to the annual fee and modified in no other manner, except that the proportional fee shall be rounded off to the nearest quarter of a dollar (25¢). (2) No renewal application will be accepted after the last day of the month following the license expiration date under the alternative method authorized in subdivision (e)(1). Acts 1984, ch. 933, § 9; 1985, ch. 77, § 4; 1986, ch. 675, § 12; 1989, ch. 360, §§ 58-61; 1989, ch. 523, § 103; 1991, ch. 141, § 8; 1991, ch. 421, § 13.
(a) Each and every license or certificate holder shall pay to the secretary-treasurer of the board a renewal fee to be fixed by the board and shall submit verification of compliance of continuing education requirements as may be set by the board. The secretary of the board shall notify the holder of each license or certificate that the renewal fee is due, and the failure to pay such renewal fee by any license or certificate holder at the expiration of sixty (60) days after the renewal fee is due constitutes a violation of this part. Any license or certificate not renewed within sixty (60) days of the renewal date shall be revoked without further notice, but may be reinstated, if continuing education requirements have been met, upon payment of all past due renewal fees and a penalty per license or certificate.
(b) All fees coming into the possession of the board shall be paid by the board to the state treasurer and become a part of the general fund.
(c) The commissioner of finance and administration shall make allotments out of the general fund for the proper expenditures of the board and no expenditure shall be made by the board until allotment for the expenditure has been made by the commissioner. Such allotments for the operation of the board shall be disbursed under the general budgetary laws of the state.
(d) Any person licensed to practice by this chapter who has retired or may hereafter retire from such practice in this state shall not be made to register as required by this part if such person shall file with this board an affidavit on a form to be furnished by the board, which affidavit shall state the date on which such person retired from such practice and such other facts as shall tend to verify such retirement as the board shall deem necessary. If such person thereafter reengages in such practice in this state, such person shall apply for registration with the board as provided by this part and shall meet other requirements as may be set by the board.
(e) (1) Notwithstanding this part to the contrary, the division, with the approval of the commissioner, shall establish a system of license renewals at alternative intervals that will allow for the distribution of the license workload as uniformly as is practicable throughout the calendar year. Licenses issued under the alternative method are valid for twenty-four (24) months and expire on the last day of the last month of the license period. However, during a transition period, or at any time thereafter when the board determines that the volume of work for any given interval is unduly burdensome or costly, either the licenses or renewals, or both of them, may be issued for terms of not less than six (6) months nor more than eighteen (18) months. The fee imposed for any license under the alternative interval method for a period of other than twenty-four (24) months shall be proportionate to the annual fee and modified in no other manner, except that the proportional fee shall be rounded off to the nearest quarter of a dollar (25¢). (2) No renewal application will be accepted after the last day of the month following the license expiration date under the alternative method authorized in subdivision (e)(1).
(1) Notwithstanding this part to the contrary, the division, with the approval of the commissioner, shall establish a system of license renewals at alternative intervals that will allow for the distribution of the license workload as uniformly as is practicable throughout the calendar year. Licenses issued under the alternative method are valid for twenty-four (24) months and expire on the last day of the last month of the license period. However, during a transition period, or at any time thereafter when the board determines that the volume of work for any given interval is unduly burdensome or costly, either the licenses or renewals, or both of them, may be issued for terms of not less than six (6) months nor more than eighteen (18) months. The fee imposed for any license under the alternative interval method for a period of other than twenty-four (24) months shall be proportionate to the annual fee and modified in no other manner, except that the proportional fee shall be rounded off to the nearest quarter of a dollar (25¢).
(2) No renewal application will be accepted after the last day of the month following the license expiration date under the alternative method authorized in subdivision (e)(1).
Acts 1984, ch. 933, § 9; 1985, ch. 77, § 4; 1986, ch. 675, § 12; 1989, ch. 360, §§ 58-61; 1989, ch. 523, § 103; 1991, ch. 141, § 8; 1991, ch. 421, § 13.
Tenn. Code Ann. § 63-6-802 — TN Code / Title 63 / Chapter 6 / Section 63-6-802
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "ABGC" means the American Board of Genetic Counseling; (2) "ABMG" means the American Board of Medical Genetics; (3) "Board" means the board of medical examiners, created by § 63-6-101 ; (4) "CEU" means a continuing education unit as defined by the ABGC; (5) "Department" means the department of health; (6) "Division" means the division of health related boards within the department; (7) "Genetic counselor" means a person licensed under this part to engage in the practice of genetic counseling; (8) "Practice of genetic counseling" means the process of helping people understand and adapt to the medical, psychological and familial implications of genetic contributions to disease performed pursuant to a referral. This process integrates the following: (A) Interpretation of family and medical histories to assess the chance of disease occurrence or recurrence; (B) Education about inheritance, testing, management, prevention, resources and research; and (C) Counseling to promote informed choices and adaptation to the risk or condition; (9) "Referral" means a written or telecommunicated authorization for genetic counseling services from a physician licensed to practice medicine in all its branches or a physician assistant who has protocols or a collaborative agreement with a supervising physician that authorizes referrals to a genetic counselor; and (10) "Supervision" means the ongoing, direct clinical review for the purposes of training or teaching by an approved supervisor who monitors the performance or a person's supervised interaction with a client and provides regular documented face-to-face consultation, guidance and instructions with respect to the clinical skills and competencies of the person supervised. Supervision may include, without being limited to, the review of case presentations, audio tapes, video tapes and direct observation. Amended by 2024 Tenn. Acts, ch. 1042,s 8, eff. upon promulgation of rules governing the collaborative agreements of physician assistants with physicians; see T.C.A. § 63-19-106(h)(1). Amended by 2016 Tenn. Acts, ch. 980, s 10, eff. 7/1/2016. Acts 2007 , ch. 366, § 1.
As used in this part, unless the context otherwise requires:
(1) "ABGC" means the American Board of Genetic Counseling;
(2) "ABMG" means the American Board of Medical Genetics;
(3) "Board" means the board of medical examiners, created by § 63-6-101 ;
(4) "CEU" means a continuing education unit as defined by the ABGC;
(5) "Department" means the department of health;
(6) "Division" means the division of health related boards within the department;
(7) "Genetic counselor" means a person licensed under this part to engage in the practice of genetic counseling;
(8) "Practice of genetic counseling" means the process of helping people understand and adapt to the medical, psychological and familial implications of genetic contributions to disease performed pursuant to a referral. This process integrates the following: (A) Interpretation of family and medical histories to assess the chance of disease occurrence or recurrence; (B) Education about inheritance, testing, management, prevention, resources and research; and (C) Counseling to promote informed choices and adaptation to the risk or condition;
(A) Interpretation of family and medical histories to assess the chance of disease occurrence or recurrence;
(B) Education about inheritance, testing, management, prevention, resources and research; and
(C) Counseling to promote informed choices and adaptation to the risk or condition;
(9) "Referral" means a written or telecommunicated authorization for genetic counseling services from a physician licensed to practice medicine in all its branches or a physician assistant who has protocols or a collaborative agreement with a supervising physician that authorizes referrals to a genetic counselor; and
(10) "Supervision" means the ongoing, direct clinical review for the purposes of training or teaching by an approved supervisor who monitors the performance or a person's supervised interaction with a client and provides regular documented face-to-face consultation, guidance and instructions with respect to the clinical skills and competencies of the person supervised. Supervision may include, without being limited to, the review of case presentations, audio tapes, video tapes and direct observation.
Amended by 2024 Tenn. Acts, ch. 1042,s 8, eff. upon promulgation of rules governing the collaborative agreements of physician assistants with physicians; see T.C.A. § 63-19-106(h)(1).
Amended by 2016 Tenn. Acts, ch. 980, s 10, eff. 7/1/2016.
Acts 2007 , ch. 366, § 1.
Tenn. Code Ann. § 63-19-308 — TN Code / Title 63 / Chapter 19 / Section 63-19-308
Establishment of the PA Licensure Compact Commission
Status: in_force

(a) The Participating States hereby create and establish a joint government agency and national administrative body known as the PA Licensure Compact Commission. The Commission is an instrumentality of the Compact States acting jointly and not an instrumentality of any one State. The Commission shall come into existence on or after the effective date of the Compact as set forth in § 63-19-312(a) . (b) Membership, Voting, and Meetings. (1) Each Participating State shall have and be limited to one (1) delegate selected by that Participating State's Licensing Board or, if the State has more than one Licensing Board, selected collectively by the Participating State's Licensing Boards. (2) The delegate shall be either: (A) A current Physician Assistant, physician, or public member of a Licensing Board or Physician Assistant Council/Committee; or (B) An administrator of a Licensing Board. (3) Any delegate may be removed or suspended from office as provided by the laws of the State from which the delegate is appointed. (4) The Participating State Licensing Board shall fill any vacancy occurring in the Commission within sixty (60) days. (5) Each delegate shall be entitled to one (1) vote on all matters voted on by the Commission and shall otherwise have an opportunity to participate in the business and affairs of the Commission. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telecommunications, video conference, or other means of communication. (6) The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in this Compact and the bylaws. (7) The Commission shall establish by Rule a term of office for delegates. (c) The Commission shall have the following powers and duties: (1) Establish a code of ethics for the Commission; (2) Establish the fiscal year of the Commission; (3) Establish fees; (4) Establish bylaws; (5) Maintain its financial records in accordance with the bylaws; (6) Meet and take such actions as are consistent with the provisions of this Compact and the bylaws; (7) Promulgate Rules to facilitate and coordinate implementation and administration of this Compact. The Rules shall have the force and effect of law and shall be binding in all Participating States; (8) Bring and prosecute legal proceedings or actions in the name of the Commission; provided, that the standing of any State Licensing Board to sue or be sued under applicable law shall not be affected; (9) Purchase and maintain insurance and bonds; (10) Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a Participating State; (11) Hire employees and engage contractors, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this Compact, and establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters; (12) Accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and receive, utilize and dispose of the same; provided, that at all times the Commission shall avoid any appearance of impropriety or conflict of interest; (13) Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve or use, any property, real, personal or mixed; provided, that at all times the Commission shall avoid any appearance of impropriety; (14) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed; (15) Establish a budget and make expenditures; (16) Borrow money; (17) Appoint committees, including standing committees composed of members, State regulators, State legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws; (18) Provide and receive information from, and cooperate with, law enforcement agencies; (19) Elect a Chair, Vice Chair, Secretary, and Treasurer and such other officers of the Commission as provided in the Commission's bylaws; (20) Reserve for itself, in addition to those reserved exclusively to the Commission under the Compact, powers that the Executive Committee may not exercise; (21) Approve or disapprove a State's participation in the Compact based upon its determination as to whether the State's Compact legislation departs in a material manner from the Model Compact language; (22) Prepare and provide to the Participating States an annual report; and (23) Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the State regulation of Physician Assistant licensure and practice. (d) Meetings of the Commission. (1) All meetings of the Commission that are not closed pursuant to this subsection (d) shall be open to the public. Notice of public meetings shall be posted on the Commission's website at least thirty (30) days prior to the public meeting. (2) Notwithstanding subdivision (d)(1), the Commission may convene a public meeting by providing at least twenty-four (24) hours' prior notice on the Commission's website, and any other means as provided in the Commission's Rules, for any of the reasons it may dispense with notice of proposed rulemaking under § 63-19-310(l) . (3) The Commission may convene in a closed, nonpublic meeting or non-public part of a public meeting to receive legal advice or to discuss: (A) Non-compliance of a Participating State with its obligations under this Compact; (B) The employment, compensation, discipline or other matters, practices, or procedures related to specific employees or other matters related to the Commission's internal personnel practices and procedures; (C) Current, threatened, or reasonably anticipated litigation; (D) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate; (E) Accusing any person of a crime or formally censuring any person; (F) Disclosure of trade secrets or commercial or financial information that is privileged or confidential; (G) Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (H) Disclosure of investigative records compiled for law enforcement purposes; (I) Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to this Compact; (J) Legal advice; or (K) Matters specifically exempted from disclosure by federal or Participating States' statutes. (4) If a meeting, or portion of a meeting, is closed pursuant to this provision, the chair of the meeting or the chair's designee shall certify that the meeting or portion of the meeting may be closed and shall reference each relevant exempting provision. (5) The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction. (e) Financing of the Commission. (1) The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities. (2) The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services. (3) The Commission may levy on and collect an annual assessment from each Participating State and may impose Compact Privilege fees on Licensees of Participating States to whom a Compact Privilege is granted to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved by the Commission each year for which revenue is not provided by other sources. The aggregate annual assessment amount levied on Participating States shall be allocated based upon a formula to be determined by Commission Rule. (A) A Compact Privilege expires when the Licensee's Qualifying License in the Participating State from which the Licensee applied for the Compact Privilege expires. (B) If the Licensee terminates the Qualifying License through which the Licensee applied for the Compact Privilege before its scheduled expiration, and the Licensee has a Qualifying License in another Participating State, the Licensee shall inform the Commission that it is changing to that Participating State the Participating State through which it applies for a Compact Privilege and pay to the Commission any Compact Privilege fee required by Commission Rule. (4) The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the Participating States, except by and with the authority of the Participating State. (5) The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the financial review and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the Commission shall be subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review shall be included in and become part of the annual report of the Commission. (f) The Executive Committee. (1) The Executive Committee shall have the power to act on behalf of the Commission according to the terms of this Compact and Commission Rules. (2) The Executive Committee shall be composed of nine (9) members: (A) Seven (7) voting members who are elected by the Commission from the current membership of the Commission; (B) One (1) ex officio, nonvoting member from a recognized national Physician Assistant professional association; and (C) One (1) ex officio, nonvoting member from a recognized national Physician Assistant certification organization. (3) The ex officio members will be selected by their respective organizations. (4) The Commission may remove any member of the Executive Committee as provided in its bylaws. (5) The Executive Committee shall meet at least annually. (6) The Executive Committee shall have the following duties and responsibilities: (A) Recommend to the Commission changes to the Commission's Rules or bylaws, changes to this Compact legislation, fees to be paid by Compact Participating States such as annual dues, and any Commission Compact fee charged to Licensees for the Compact Privilege; (B) Ensure Compact administration services are appropriately provided, contractual or otherwise; (C) Prepare and recommend the budget; (D) Maintain financial records on behalf of the Commission; (E) Monitor Compact compliance of Participating States and provide compliance reports to the Commission; (F) Establish additional committees as necessary; (G) Exercise the powers and duties of the Commission during the interim between Commission meetings, except for issuing proposed rulemaking or adopting Commission Rules or bylaws, or exercising any other powers and duties exclusively reserved to the Commission by the Commission's Rules; and (H) Perform other duties as provided in the Commission's Rules or bylaws. (7) All meetings of the Executive Committee at which it votes or plans to vote on matters in exercising the powers and duties of the Commission shall be open to the public and public notice of such meetings shall be given as public meetings of the Commission are given. (8) The Executive Committee may convene in a closed, nonpublic meeting for the same reasons that the Commission may convene in a nonpublic meeting as set forth in subdivision (d)(3) and shall announce the closed meeting as the Commission is required to under subdivision (d)(4) and keep minutes of the closed meeting as the Commission is required to under subdivision (d)(5). (g) Qualified Immunity, Defense, and Indemnification. (1) The members, officers, executive director, employees, and representatives of the Commission shall be immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided, that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance of any type by the Commission shall not in any way compromise or limit the immunity granted hereunder. (2) The Commission shall defend any member, officer, executive director, employee, and representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or as determined by the commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided, that nothing herein shall be construed to prohibit that person from retaining their own counsel at their own expense; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct. (3) The Commission shall indemnify and hold harmless any member, officer, executive director, employee, and representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided, that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person. (4) Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses in any proceedings as authorized by Commission Rules. (5) Nothing herein shall be construed as a limitation on the liability of any Licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable State laws. (6) Nothing herein shall be construed to designate the venue or jurisdiction to bring actions for alleged acts of malpractice, professional misconduct, negligence, or other such civil action pertaining to the practice of a Physician Assistant. All such matters shall be determined exclusively by State law other than this Compact. (7) Nothing in this Compact shall be interpreted to waive or otherwise abrogate a Participating State's state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any other State or federal antitrust or anticompetitive law or regulation. (8) Nothing in this Compact shall be construed to be a waiver of sovereign immunity by the Participating States or by the Commission. Added by 2024 Tenn. Acts, ch. 1018,s 1, eff. 1/1/2025.
(a) The Participating States hereby create and establish a joint government agency and national administrative body known as the PA Licensure Compact Commission. The Commission is an instrumentality of the Compact States acting jointly and not an instrumentality of any one State. The Commission shall come into existence on or after the effective date of the Compact as set forth in § 63-19-312(a) .
(b) Membership, Voting, and Meetings. (1) Each Participating State shall have and be limited to one (1) delegate selected by that Participating State's Licensing Board or, if the State has more than one Licensing Board, selected collectively by the Participating State's Licensing Boards. (2) The delegate shall be either: (A) A current Physician Assistant, physician, or public member of a Licensing Board or Physician Assistant Council/Committee; or (B) An administrator of a Licensing Board. (3) Any delegate may be removed or suspended from office as provided by the laws of the State from which the delegate is appointed. (4) The Participating State Licensing Board shall fill any vacancy occurring in the Commission within sixty (60) days. (5) Each delegate shall be entitled to one (1) vote on all matters voted on by the Commission and shall otherwise have an opportunity to participate in the business and affairs of the Commission. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telecommunications, video conference, or other means of communication. (6) The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in this Compact and the bylaws. (7) The Commission shall establish by Rule a term of office for delegates.
(1) Each Participating State shall have and be limited to one (1) delegate selected by that Participating State's Licensing Board or, if the State has more than one Licensing Board, selected collectively by the Participating State's Licensing Boards.
(2) The delegate shall be either: (A) A current Physician Assistant, physician, or public member of a Licensing Board or Physician Assistant Council/Committee; or (B) An administrator of a Licensing Board.
(A) A current Physician Assistant, physician, or public member of a Licensing Board or Physician Assistant Council/Committee; or
(B) An administrator of a Licensing Board.
(3) Any delegate may be removed or suspended from office as provided by the laws of the State from which the delegate is appointed.
(4) The Participating State Licensing Board shall fill any vacancy occurring in the Commission within sixty (60) days.
(5) Each delegate shall be entitled to one (1) vote on all matters voted on by the Commission and shall otherwise have an opportunity to participate in the business and affairs of the Commission. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telecommunications, video conference, or other means of communication.
(6) The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in this Compact and the bylaws.
(7) The Commission shall establish by Rule a term of office for delegates.
(c) The Commission shall have the following powers and duties: (1) Establish a code of ethics for the Commission; (2) Establish the fiscal year of the Commission; (3) Establish fees; (4) Establish bylaws; (5) Maintain its financial records in accordance with the bylaws; (6) Meet and take such actions as are consistent with the provisions of this Compact and the bylaws; (7) Promulgate Rules to facilitate and coordinate implementation and administration of this Compact. The Rules shall have the force and effect of law and shall be binding in all Participating States; (8) Bring and prosecute legal proceedings or actions in the name of the Commission; provided, that the standing of any State Licensing Board to sue or be sued under applicable law shall not be affected; (9) Purchase and maintain insurance and bonds; (10) Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a Participating State; (11) Hire employees and engage contractors, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this Compact, and establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters; (12) Accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and receive, utilize and dispose of the same; provided, that at all times the Commission shall avoid any appearance of impropriety or conflict of interest; (13) Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve or use, any property, real, personal or mixed; provided, that at all times the Commission shall avoid any appearance of impropriety; (14) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed; (15) Establish a budget and make expenditures; (16) Borrow money; (17) Appoint committees, including standing committees composed of members, State regulators, State legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws; (18) Provide and receive information from, and cooperate with, law enforcement agencies; (19) Elect a Chair, Vice Chair, Secretary, and Treasurer and such other officers of the Commission as provided in the Commission's bylaws; (20) Reserve for itself, in addition to those reserved exclusively to the Commission under the Compact, powers that the Executive Committee may not exercise; (21) Approve or disapprove a State's participation in the Compact based upon its determination as to whether the State's Compact legislation departs in a material manner from the Model Compact language; (22) Prepare and provide to the Participating States an annual report; and (23) Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the State regulation of Physician Assistant licensure and practice.
(1) Establish a code of ethics for the Commission;
(2) Establish the fiscal year of the Commission;
(3) Establish fees;
(4) Establish bylaws;
(5) Maintain its financial records in accordance with the bylaws;
(6) Meet and take such actions as are consistent with the provisions of this Compact and the bylaws;
(7) Promulgate Rules to facilitate and coordinate implementation and administration of this Compact. The Rules shall have the force and effect of law and shall be binding in all Participating States;
(8) Bring and prosecute legal proceedings or actions in the name of the Commission; provided, that the standing of any State Licensing Board to sue or be sued under applicable law shall not be affected;
(9) Purchase and maintain insurance and bonds;
(10) Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a Participating State;
(11) Hire employees and engage contractors, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this Compact, and establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;
(12) Accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and receive, utilize and dispose of the same; provided, that at all times the Commission shall avoid any appearance of impropriety or conflict of interest;
(13) Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve or use, any property, real, personal or mixed; provided, that at all times the Commission shall avoid any appearance of impropriety;
(14) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;
(15) Establish a budget and make expenditures;
(16) Borrow money;
(17) Appoint committees, including standing committees composed of members, State regulators, State legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws;
(18) Provide and receive information from, and cooperate with, law enforcement agencies;
(19) Elect a Chair, Vice Chair, Secretary, and Treasurer and such other officers of the Commission as provided in the Commission's bylaws;
(20) Reserve for itself, in addition to those reserved exclusively to the Commission under the Compact, powers that the Executive Committee may not exercise;
(21) Approve or disapprove a State's participation in the Compact based upon its determination as to whether the State's Compact legislation departs in a material manner from the Model Compact language;
(22) Prepare and provide to the Participating States an annual report; and
(23) Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the State regulation of Physician Assistant licensure and practice.
(d) Meetings of the Commission. (1) All meetings of the Commission that are not closed pursuant to this subsection (d) shall be open to the public. Notice of public meetings shall be posted on the Commission's website at least thirty (30) days prior to the public meeting. (2) Notwithstanding subdivision (d)(1), the Commission may convene a public meeting by providing at least twenty-four (24) hours' prior notice on the Commission's website, and any other means as provided in the Commission's Rules, for any of the reasons it may dispense with notice of proposed rulemaking under § 63-19-310(l) . (3) The Commission may convene in a closed, nonpublic meeting or non-public part of a public meeting to receive legal advice or to discuss: (A) Non-compliance of a Participating State with its obligations under this Compact; (B) The employment, compensation, discipline or other matters, practices, or procedures related to specific employees or other matters related to the Commission's internal personnel practices and procedures; (C) Current, threatened, or reasonably anticipated litigation; (D) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate; (E) Accusing any person of a crime or formally censuring any person; (F) Disclosure of trade secrets or commercial or financial information that is privileged or confidential; (G) Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (H) Disclosure of investigative records compiled for law enforcement purposes; (I) Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to this Compact; (J) Legal advice; or (K) Matters specifically exempted from disclosure by federal or Participating States' statutes. (4) If a meeting, or portion of a meeting, is closed pursuant to this provision, the chair of the meeting or the chair's designee shall certify that the meeting or portion of the meeting may be closed and shall reference each relevant exempting provision. (5) The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.
(1) All meetings of the Commission that are not closed pursuant to this subsection (d) shall be open to the public. Notice of public meetings shall be posted on the Commission's website at least thirty (30) days prior to the public meeting.
(2) Notwithstanding subdivision (d)(1), the Commission may convene a public meeting by providing at least twenty-four (24) hours' prior notice on the Commission's website, and any other means as provided in the Commission's Rules, for any of the reasons it may dispense with notice of proposed rulemaking under § 63-19-310(l) .
(3) The Commission may convene in a closed, nonpublic meeting or non-public part of a public meeting to receive legal advice or to discuss: (A) Non-compliance of a Participating State with its obligations under this Compact; (B) The employment, compensation, discipline or other matters, practices, or procedures related to specific employees or other matters related to the Commission's internal personnel practices and procedures; (C) Current, threatened, or reasonably anticipated litigation; (D) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate; (E) Accusing any person of a crime or formally censuring any person; (F) Disclosure of trade secrets or commercial or financial information that is privileged or confidential; (G) Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (H) Disclosure of investigative records compiled for law enforcement purposes; (I) Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to this Compact; (J) Legal advice; or (K) Matters specifically exempted from disclosure by federal or Participating States' statutes.
(A) Non-compliance of a Participating State with its obligations under this Compact;
(B) The employment, compensation, discipline or other matters, practices, or procedures related to specific employees or other matters related to the Commission's internal personnel practices and procedures;
(C) Current, threatened, or reasonably anticipated litigation;
(D) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;
(E) Accusing any person of a crime or formally censuring any person;
(F) Disclosure of trade secrets or commercial or financial information that is privileged or confidential;
(G) Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
(H) Disclosure of investigative records compiled for law enforcement purposes;
(I) Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to this Compact;
(J) Legal advice; or
(K) Matters specifically exempted from disclosure by federal or Participating States' statutes.
(4) If a meeting, or portion of a meeting, is closed pursuant to this provision, the chair of the meeting or the chair's designee shall certify that the meeting or portion of the meeting may be closed and shall reference each relevant exempting provision.
(5) The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.
(e) Financing of the Commission. (1) The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities. (2) The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services. (3) The Commission may levy on and collect an annual assessment from each Participating State and may impose Compact Privilege fees on Licensees of Participating States to whom a Compact Privilege is granted to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved by the Commission each year for which revenue is not provided by other sources. The aggregate annual assessment amount levied on Participating States shall be allocated based upon a formula to be determined by Commission Rule. (A) A Compact Privilege expires when the Licensee's Qualifying License in the Participating State from which the Licensee applied for the Compact Privilege expires. (B) If the Licensee terminates the Qualifying License through which the Licensee applied for the Compact Privilege before its scheduled expiration, and the Licensee has a Qualifying License in another Participating State, the Licensee shall inform the Commission that it is changing to that Participating State the Participating State through which it applies for a Compact Privilege and pay to the Commission any Compact Privilege fee required by Commission Rule. (4) The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the Participating States, except by and with the authority of the Participating State. (5) The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the financial review and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the Commission shall be subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review shall be included in and become part of the annual report of the Commission.
(1) The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
(2) The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.
(3) The Commission may levy on and collect an annual assessment from each Participating State and may impose Compact Privilege fees on Licensees of Participating States to whom a Compact Privilege is granted to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved by the Commission each year for which revenue is not provided by other sources. The aggregate annual assessment amount levied on Participating States shall be allocated based upon a formula to be determined by Commission Rule. (A) A Compact Privilege expires when the Licensee's Qualifying License in the Participating State from which the Licensee applied for the Compact Privilege expires. (B) If the Licensee terminates the Qualifying License through which the Licensee applied for the Compact Privilege before its scheduled expiration, and the Licensee has a Qualifying License in another Participating State, the Licensee shall inform the Commission that it is changing to that Participating State the Participating State through which it applies for a Compact Privilege and pay to the Commission any Compact Privilege fee required by Commission Rule.
(A) A Compact Privilege expires when the Licensee's Qualifying License in the Participating State from which the Licensee applied for the Compact Privilege expires.
(B) If the Licensee terminates the Qualifying License through which the Licensee applied for the Compact Privilege before its scheduled expiration, and the Licensee has a Qualifying License in another Participating State, the Licensee shall inform the Commission that it is changing to that Participating State the Participating State through which it applies for a Compact Privilege and pay to the Commission any Compact Privilege fee required by Commission Rule.
(4) The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the Participating States, except by and with the authority of the Participating State.
(5) The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the financial review and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the Commission shall be subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review shall be included in and become part of the annual report of the Commission.
(f) The Executive Committee. (1) The Executive Committee shall have the power to act on behalf of the Commission according to the terms of this Compact and Commission Rules. (2) The Executive Committee shall be composed of nine (9) members: (A) Seven (7) voting members who are elected by the Commission from the current membership of the Commission; (B) One (1) ex officio, nonvoting member from a recognized national Physician Assistant professional association; and (C) One (1) ex officio, nonvoting member from a recognized national Physician Assistant certification organization. (3) The ex officio members will be selected by their respective organizations. (4) The Commission may remove any member of the Executive Committee as provided in its bylaws. (5) The Executive Committee shall meet at least annually. (6) The Executive Committee shall have the following duties and responsibilities: (A) Recommend to the Commission changes to the Commission's Rules or bylaws, changes to this Compact legislation, fees to be paid by Compact Participating States such as annual dues, and any Commission Compact fee charged to Licensees for the Compact Privilege; (B) Ensure Compact administration services are appropriately provided, contractual or otherwise; (C) Prepare and recommend the budget; (D) Maintain financial records on behalf of the Commission; (E) Monitor Compact compliance of Participating States and provide compliance reports to the Commission; (F) Establish additional committees as necessary; (G) Exercise the powers and duties of the Commission during the interim between Commission meetings, except for issuing proposed rulemaking or adopting Commission Rules or bylaws, or exercising any other powers and duties exclusively reserved to the Commission by the Commission's Rules; and (H) Perform other duties as provided in the Commission's Rules or bylaws. (7) All meetings of the Executive Committee at which it votes or plans to vote on matters in exercising the powers and duties of the Commission shall be open to the public and public notice of such meetings shall be given as public meetings of the Commission are given. (8) The Executive Committee may convene in a closed, nonpublic meeting for the same reasons that the Commission may convene in a nonpublic meeting as set forth in subdivision (d)(3) and shall announce the closed meeting as the Commission is required to under subdivision (d)(4) and keep minutes of the closed meeting as the Commission is required to under subdivision (d)(5).
(1) The Executive Committee shall have the power to act on behalf of the Commission according to the terms of this Compact and Commission Rules.
(2) The Executive Committee shall be composed of nine (9) members: (A) Seven (7) voting members who are elected by the Commission from the current membership of the Commission; (B) One (1) ex officio, nonvoting member from a recognized national Physician Assistant professional association; and (C) One (1) ex officio, nonvoting member from a recognized national Physician Assistant certification organization.
(A) Seven (7) voting members who are elected by the Commission from the current membership of the Commission;
(B) One (1) ex officio, nonvoting member from a recognized national Physician Assistant professional association; and
(C) One (1) ex officio, nonvoting member from a recognized national Physician Assistant certification organization.
(3) The ex officio members will be selected by their respective organizations.
(4) The Commission may remove any member of the Executive Committee as provided in its bylaws.
(5) The Executive Committee shall meet at least annually.
(6) The Executive Committee shall have the following duties and responsibilities: (A) Recommend to the Commission changes to the Commission's Rules or bylaws, changes to this Compact legislation, fees to be paid by Compact Participating States such as annual dues, and any Commission Compact fee charged to Licensees for the Compact Privilege; (B) Ensure Compact administration services are appropriately provided, contractual or otherwise; (C) Prepare and recommend the budget; (D) Maintain financial records on behalf of the Commission; (E) Monitor Compact compliance of Participating States and provide compliance reports to the Commission; (F) Establish additional committees as necessary; (G) Exercise the powers and duties of the Commission during the interim between Commission meetings, except for issuing proposed rulemaking or adopting Commission Rules or bylaws, or exercising any other powers and duties exclusively reserved to the Commission by the Commission's Rules; and (H) Perform other duties as provided in the Commission's Rules or bylaws.
(A) Recommend to the Commission changes to the Commission's Rules or bylaws, changes to this Compact legislation, fees to be paid by Compact Participating States such as annual dues, and any Commission Compact fee charged to Licensees for the Compact Privilege;
(B) Ensure Compact administration services are appropriately provided, contractual or otherwise;
(C) Prepare and recommend the budget;
(D) Maintain financial records on behalf of the Commission;
(E) Monitor Compact compliance of Participating States and provide compliance reports to the Commission;
(F) Establish additional committees as necessary;
(G) Exercise the powers and duties of the Commission during the interim between Commission meetings, except for issuing proposed rulemaking or adopting Commission Rules or bylaws, or exercising any other powers and duties exclusively reserved to the Commission by the Commission's Rules; and
(H) Perform other duties as provided in the Commission's Rules or bylaws.
(7) All meetings of the Executive Committee at which it votes or plans to vote on matters in exercising the powers and duties of the Commission shall be open to the public and public notice of such meetings shall be given as public meetings of the Commission are given.
(8) The Executive Committee may convene in a closed, nonpublic meeting for the same reasons that the Commission may convene in a nonpublic meeting as set forth in subdivision (d)(3) and shall announce the closed meeting as the Commission is required to under subdivision (d)(4) and keep minutes of the closed meeting as the Commission is required to under subdivision (d)(5).
(g) Qualified Immunity, Defense, and Indemnification. (1) The members, officers, executive director, employees, and representatives of the Commission shall be immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided, that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance of any type by the Commission shall not in any way compromise or limit the immunity granted hereunder. (2) The Commission shall defend any member, officer, executive director, employee, and representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or as determined by the commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided, that nothing herein shall be construed to prohibit that person from retaining their own counsel at their own expense; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct. (3) The Commission shall indemnify and hold harmless any member, officer, executive director, employee, and representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided, that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person. (4) Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses in any proceedings as authorized by Commission Rules. (5) Nothing herein shall be construed as a limitation on the liability of any Licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable State laws. (6) Nothing herein shall be construed to designate the venue or jurisdiction to bring actions for alleged acts of malpractice, professional misconduct, negligence, or other such civil action pertaining to the practice of a Physician Assistant. All such matters shall be determined exclusively by State law other than this Compact. (7) Nothing in this Compact shall be interpreted to waive or otherwise abrogate a Participating State's state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any other State or federal antitrust or anticompetitive law or regulation. (8) Nothing in this Compact shall be construed to be a waiver of sovereign immunity by the Participating States or by the Commission.
(1) The members, officers, executive director, employees, and representatives of the Commission shall be immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided, that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance of any type by the Commission shall not in any way compromise or limit the immunity granted hereunder.
(2) The Commission shall defend any member, officer, executive director, employee, and representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or as determined by the commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided, that nothing herein shall be construed to prohibit that person from retaining their own counsel at their own expense; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.
(3) The Commission shall indemnify and hold harmless any member, officer, executive director, employee, and representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided, that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.
(4) Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses in any proceedings as authorized by Commission Rules.
(5) Nothing herein shall be construed as a limitation on the liability of any Licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable State laws.
(6) Nothing herein shall be construed to designate the venue or jurisdiction to bring actions for alleged acts of malpractice, professional misconduct, negligence, or other such civil action pertaining to the practice of a Physician Assistant. All such matters shall be determined exclusively by State law other than this Compact.
(7) Nothing in this Compact shall be interpreted to waive or otherwise abrogate a Participating State's state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any other State or federal antitrust or anticompetitive law or regulation.
(8) Nothing in this Compact shall be construed to be a waiver of sovereign immunity by the Participating States or by the Commission.
Added by 2024 Tenn. Acts, ch. 1018,s 1, eff. 1/1/2025.
Tenn. Code Ann. § 63-9-117 — TN Code / Title 63 / Chapter 9 / Section 63-9-117
Office-based surgery
Status: in_force

(a) For the purposes of this section, unless the context otherwise requires: (1) "Board" means the board of osteopathic examination; (2) "Level II office-based surgery" means Level II surgery as defined by the board of osteopathic medical examination in its rules and regulations that is performed outside of a hospital, ambulatory surgical treatment center or other medical facility licensed by the health facilities commission; (3) "Office-based surgery" means Level III surgery requiring a level of sedation beyond the level of sedation defined by the board of medical examiners as Level II surgery that is performed outside a hospital, an ambulatory surgical treatment center or other medical facility licensed by the health facilities commission; (4) "Physician" means any person licensed under this chapter; and (5) "Surgical suite" means both the operating and recovery room or rooms located in a physician's office where Level III office-based surgery is to be performed. (b) The board shall have the duty and responsibility to regulate the practice of office-based surgery, including the promulgation of rules necessary to promote patient health and safety in such practices, including, but not limited to, a mechanism by which all office-based surgical suites are surveyed and certified by the board. (c) The board shall specifically identify in rules the parameters to be used in determining Level III surgical procedures and multiple procedures that may be performed in an office-based setting pursuant to the level of anesthesia involved in the procedures. In addition, the board shall promulgate age and risk classification criteria of patients eligible for Level III office-based surgical procedures. (d) By December 30, 2007, the board shall adopt rules establishing a specific list of approved Level III surgical procedures that can be performed in a physician's office in this state. The ambulatory surgical center covered procedures list promulgated by the centers of medicare and medicaid shall be used as a guide. No physician shall perform any Level III surgical procedures that are not included on the list promulgated by the board. The board may modify the list as the board deems necessary. The board shall also promulgate rules addressing the minimum requirements deemed necessary by the board for the safe performance of office-based surgery. (e) Using the rules established for ambulatory surgical treatment centers as guidelines, the board shall promulgate rules relative to infection control, life safety, patient rights, hazardous waste and equipment and supplies necessary to assure the safety of patients undergoing office-based surgery. Any provision in the ambulatory surgical treatment center rules addressing infection control, life safety, patient rights, hazardous waste and equipment and supplies that is not adopted by the board shall require a statement entered into the official minutes from the board justifying the board's decision. (f) No more than three (3) patients undergoing Level III office-based surgery in a physician's office may be incapable of self-preservation at the same time. The board shall promulgate rules requiring physician offices that perform office-based surgery to adopt bylaws that put in place a management system and documentation that will insure that no more than three (3) patients that are in surgery or recovery are incapable of self-preservation at the same time. The bylaws and documentation of the management system shall be included in the application for surgical suite certification. (g) Except for emergencies, a surgical suite certified for office-based surgery may be utilized only by physician employees of the practice in which the surgical suite is located. Surgical suites may not be shared with other practices or other physicians. (h) The board shall enter into a memorandum of understanding, contract or other written arrangement with the health facilities commission such that the commission: (1) Provides a site survey of the surgical suites sought to be certified to perform office-based surgery. A physician office at which office-based surgeries are being performed as of October 1, 2007, shall submit both a request for a site survey on an application form developed by the board and remit payment of the office-based surgery fee to the commission by October 1, 2007. If the office makes a timely filing in accordance with this subdivision (h)(1), the physician's office may continue to be a site for office-based surgeries pending completion of a survey confirming compliance with board rules and subsequent issuance of a certification of the surgical suite or suites. A physician office at which office-based surgeries are not being performed as of October 1, 2007, shall not perform any such procedures until an application form and payment of the office-based surgery fee is submitted to the board and a site survey is completed by the commission and a certification of the surgical suite is issued by the board; (2) Is authorized to require plans of correction and to verify that the plans of correction have been implemented; (3) Is authorized to initiate subsequent, unannounced site surveys during regular business hours as long as the physician office continues to be used to perform office-based surgeries, but no more frequently than once every twelve (12) months; and (4) Is authorized to respond to any complaints made by patients or the public against a physician who performs office-based surgery or a physician's office at which office-based surgery is being performed at the request of the office of investigations. (i) The results of all site surveys shall be transmitted by the health facilities commission to the board. The results shall include any requirement for plans of correction, the commission's determination of the acceptability of the submitted plans of correction, and the commission's verification that the plans of correction have been implemented. The board shall make a final determination on certifying the surgical suite for performance of office-based surgeries. The results of site surveys and board determinations shall be shared on a routine basis with the board for licensing health care facilities. (j) The results of all complaint investigations by health facilities commission staff shall be transmitted to the board for resolution; however, the information shall at all times be maintained as confidential and not available to the public except to the extent § 63-1-117(b) applies. (k) Any physician office that desires to be certified to perform office-based surgery shall pay to the health facilities commission an annual office-based surgery fee as set by the board. (l) A physician office at which office-based surgery is being performed shall ensure that claims data is reported to the executive director of the health facilities commission on a form approved by the health facilities commission. The data shall be submitted through a third party approved by the health facilities commission for the purpose of editing the data according to rules and regulations established by the executive director. The physician office shall be responsible for the costs associated with processing of the data by the approved vendors. The claims data shall be reported at least quarterly to the executive director. No information shall be made available to the public by the executive director that reasonably could be expected to reveal the identity of any patient. The claims data reported to the executive director under this section are confidential and not available to the public until the executive director processes and verifies the data. The executive director shall prescribe conditions under which the processed and verified data are available to the public. (m) (1) Except as provided in subdivision (h)(1), a physician office surgical suite is required to be certified by the board in order to perform office-based surgery. A physician office that proposes to perform the surgery shall submit to the board, on an application form provided by the board, at least the following: (A) Level III procedures expected to be performed by each physician; (B) The specialty board certification or board eligibility of the physician or physicians performing Level III procedures, if any; (C) Verification of health care liability coverage for all physicians performing Level III procedures; (D) Verification of hospital staff privileges for all physicians performing Level III procedures; (E) The name of a responsible physician in whose name the surgical suite certification shall be issued for that office and a list of the physicians with the practice who are going to be performing Level III office-based surgeries; and (F) The documentation required by subsection (f) regarding incapacitated patient limits. (2) The form required by subdivision (m)(1) shall serve as an application form, but the information on the form shall be updated as appropriate when any information on it has changed. (n) The board shall notify all physicians of the office-based surgery certification requirements. Failure of a physician performing office-based surgery, or a physician office at which office-based surgery is being performed, to abide by this section, any rules promulgated pursuant to this section or of § 68-11-211 may be grounds for disciplinary action or termination of either the rights of the physician to perform office-based surgery or the surgical suite's certification by the physician's licensing board, or both disciplinary action and termination. For purposes of § 4-5-320(c) , the public health, safety and welfare imperatively require emergency action at any time that a previously authorized surgical suite fails to maintain the standards set by the board. (o) Applicants for initial licensure or reinstatement of a previously issued license shall indicate to the board on the appropriate licensure application if they intend to perform Level II office-based surgery procedures as defined by the rules of the board of osteopathic examination and that are integral to a planned treatment regimen and not performed on an urgent or emergent basis. (p) Licensed osteopathic physicians who perform Level II office-based surgery at the time of licensure renewal shall indicate to the board on the licensure renewal application if the licensee currently performs Level II office-based surgery procedures as defined in the rules of the board of osteopathic examination and that are integral to a planned treatment regimen and not performed on an urgent or emergent basis. (q) In order for health care providers and the board to work together to collect meaningful health care data, so as to minimize the frequency and severity of certain unexpected events and improve the delivery of health care services, each osteopathic physician who performs any Level II office-based surgery that results in any of the following unanticipated events shall notify the board in writing within fifteen (15) calendar days following the physician's discovery of the event: (1) The death of a patient during any Level II office-based surgery or within seventy-two (72) hours thereafter; (2) The transport of a patient to a hospital emergency department except those related to a natural course of the patient's illness or underlying condition; (3) The unplanned admission of a patient to a hospital within seventy-two (72) hours of discharge, only if the admission is related to the Level II office-based surgery except those related to a natural course of the patient's illness or underlying condition; (4) The discovery of a foreign object erroneously remaining in a patient from a Level II office-based surgery at that office; or (5) The performance of the wrong surgical procedure, surgery on the wrong site or surgery on the wrong patient. (r) Records of reportable events should be in writing and should include at a minimum the following: (1) The physician's name and license number; (2) The date and time of the occurrence or discovery of the incident; (3) The office and address where the incident took place; (4) The name and address of the patient; (5) The type of Level II office-based surgery that was performed; (6) The type and dosage of sedation or anesthesia utilized during the procedure; (7) The circumstances surrounding the incident; and (8) The type or types of events required to be reported as provided in subsection (q). (s) The filing of a report as required by subsection (q) does not, in and of itself, constitute an acknowledgement or admission of health care liability, error or omission. Upon receipt of the report, the board may, in its discretion, obtain patient and other records pursuant to authority granted to it in § 63-1-117 . The reporting form and any supporting documentation reviewed or obtained by the board pursuant to this section and any amendments to the reports shall be confidential and not subject to discovery, subpoena or legal compulsion for release to any person or entity; nor shall they be admissible in any civil or administrative proceeding, other than a disciplinary proceeding by the board; nor shall they be subject to any open records request made pursuant to title 10, chapter 7, part 5 or any other law. This section shall not affect any of the provisions of or limit the protections provided by § 63-1-150 . (t) Failure to comply with the requirements of subsections ( o )-(s) constitutes grounds for disciplinary action by the board in its discretion pursuant to § 63-9-111 . Amended by 2022 Tenn. Acts, ch. 1119, Secs.s 13, s 14, s 15, s 16, s 17eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 1119, s 12, eff. 7/1/2022. Amended by 2017 Tenn. Acts, ch. 4, s 5, eff. 3/15/2017. Acts 2007 , ch. 373, §5; 2008 , ch. 927, §§3, 4; 2012 , ch. 798, §§ 43, 44.
(a) For the purposes of this section, unless the context otherwise requires: (1) "Board" means the board of osteopathic examination; (2) "Level II office-based surgery" means Level II surgery as defined by the board of osteopathic medical examination in its rules and regulations that is performed outside of a hospital, ambulatory surgical treatment center or other medical facility licensed by the health facilities commission; (3) "Office-based surgery" means Level III surgery requiring a level of sedation beyond the level of sedation defined by the board of medical examiners as Level II surgery that is performed outside a hospital, an ambulatory surgical treatment center or other medical facility licensed by the health facilities commission; (4) "Physician" means any person licensed under this chapter; and (5) "Surgical suite" means both the operating and recovery room or rooms located in a physician's office where Level III office-based surgery is to be performed.
(1) "Board" means the board of osteopathic examination;
(2) "Level II office-based surgery" means Level II surgery as defined by the board of osteopathic medical examination in its rules and regulations that is performed outside of a hospital, ambulatory surgical treatment center or other medical facility licensed by the health facilities commission;
(3) "Office-based surgery" means Level III surgery requiring a level of sedation beyond the level of sedation defined by the board of medical examiners as Level II surgery that is performed outside a hospital, an ambulatory surgical treatment center or other medical facility licensed by the health facilities commission;
(4) "Physician" means any person licensed under this chapter; and
(5) "Surgical suite" means both the operating and recovery room or rooms located in a physician's office where Level III office-based surgery is to be performed.
(b) The board shall have the duty and responsibility to regulate the practice of office-based surgery, including the promulgation of rules necessary to promote patient health and safety in such practices, including, but not limited to, a mechanism by which all office-based surgical suites are surveyed and certified by the board.
(c) The board shall specifically identify in rules the parameters to be used in determining Level III surgical procedures and multiple procedures that may be performed in an office-based setting pursuant to the level of anesthesia involved in the procedures. In addition, the board shall promulgate age and risk classification criteria of patients eligible for Level III office-based surgical procedures.
(d) By December 30, 2007, the board shall adopt rules establishing a specific list of approved Level III surgical procedures that can be performed in a physician's office in this state. The ambulatory surgical center covered procedures list promulgated by the centers of medicare and medicaid shall be used as a guide. No physician shall perform any Level III surgical procedures that are not included on the list promulgated by the board. The board may modify the list as the board deems necessary. The board shall also promulgate rules addressing the minimum requirements deemed necessary by the board for the safe performance of office-based surgery.
(e) Using the rules established for ambulatory surgical treatment centers as guidelines, the board shall promulgate rules relative to infection control, life safety, patient rights, hazardous waste and equipment and supplies necessary to assure the safety of patients undergoing office-based surgery. Any provision in the ambulatory surgical treatment center rules addressing infection control, life safety, patient rights, hazardous waste and equipment and supplies that is not adopted by the board shall require a statement entered into the official minutes from the board justifying the board's decision.
(f) No more than three (3) patients undergoing Level III office-based surgery in a physician's office may be incapable of self-preservation at the same time. The board shall promulgate rules requiring physician offices that perform office-based surgery to adopt bylaws that put in place a management system and documentation that will insure that no more than three (3) patients that are in surgery or recovery are incapable of self-preservation at the same time. The bylaws and documentation of the management system shall be included in the application for surgical suite certification.
(g) Except for emergencies, a surgical suite certified for office-based surgery may be utilized only by physician employees of the practice in which the surgical suite is located. Surgical suites may not be shared with other practices or other physicians.
(h) The board shall enter into a memorandum of understanding, contract or other written arrangement with the health facilities commission such that the commission: (1) Provides a site survey of the surgical suites sought to be certified to perform office-based surgery. A physician office at which office-based surgeries are being performed as of October 1, 2007, shall submit both a request for a site survey on an application form developed by the board and remit payment of the office-based surgery fee to the commission by October 1, 2007. If the office makes a timely filing in accordance with this subdivision (h)(1), the physician's office may continue to be a site for office-based surgeries pending completion of a survey confirming compliance with board rules and subsequent issuance of a certification of the surgical suite or suites. A physician office at which office-based surgeries are not being performed as of October 1, 2007, shall not perform any such procedures until an application form and payment of the office-based surgery fee is submitted to the board and a site survey is completed by the commission and a certification of the surgical suite is issued by the board; (2) Is authorized to require plans of correction and to verify that the plans of correction have been implemented; (3) Is authorized to initiate subsequent, unannounced site surveys during regular business hours as long as the physician office continues to be used to perform office-based surgeries, but no more frequently than once every twelve (12) months; and (4) Is authorized to respond to any complaints made by patients or the public against a physician who performs office-based surgery or a physician's office at which office-based surgery is being performed at the request of the office of investigations.
(1) Provides a site survey of the surgical suites sought to be certified to perform office-based surgery. A physician office at which office-based surgeries are being performed as of October 1, 2007, shall submit both a request for a site survey on an application form developed by the board and remit payment of the office-based surgery fee to the commission by October 1, 2007. If the office makes a timely filing in accordance with this subdivision (h)(1), the physician's office may continue to be a site for office-based surgeries pending completion of a survey confirming compliance with board rules and subsequent issuance of a certification of the surgical suite or suites. A physician office at which office-based surgeries are not being performed as of October 1, 2007, shall not perform any such procedures until an application form and payment of the office-based surgery fee is submitted to the board and a site survey is completed by the commission and a certification of the surgical suite is issued by the board;
(2) Is authorized to require plans of correction and to verify that the plans of correction have been implemented;
(3) Is authorized to initiate subsequent, unannounced site surveys during regular business hours as long as the physician office continues to be used to perform office-based surgeries, but no more frequently than once every twelve (12) months; and
(4) Is authorized to respond to any complaints made by patients or the public against a physician who performs office-based surgery or a physician's office at which office-based surgery is being performed at the request of the office of investigations.
(i) The results of all site surveys shall be transmitted by the health facilities commission to the board. The results shall include any requirement for plans of correction, the commission's determination of the acceptability of the submitted plans of correction, and the commission's verification that the plans of correction have been implemented. The board shall make a final determination on certifying the surgical suite for performance of office-based surgeries. The results of site surveys and board determinations shall be shared on a routine basis with the board for licensing health care facilities.
(j) The results of all complaint investigations by health facilities commission staff shall be transmitted to the board for resolution; however, the information shall at all times be maintained as confidential and not available to the public except to the extent § 63-1-117(b) applies.
(k) Any physician office that desires to be certified to perform office-based surgery shall pay to the health facilities commission an annual office-based surgery fee as set by the board.
(l) A physician office at which office-based surgery is being performed shall ensure that claims data is reported to the executive director of the health facilities commission on a form approved by the health facilities commission. The data shall be submitted through a third party approved by the health facilities commission for the purpose of editing the data according to rules and regulations established by the executive director. The physician office shall be responsible for the costs associated with processing of the data by the approved vendors. The claims data shall be reported at least quarterly to the executive director. No information shall be made available to the public by the executive director that reasonably could be expected to reveal the identity of any patient. The claims data reported to the executive director under this section are confidential and not available to the public until the executive director processes and verifies the data. The executive director shall prescribe conditions under which the processed and verified data are available to the public.
(m) (1) Except as provided in subdivision (h)(1), a physician office surgical suite is required to be certified by the board in order to perform office-based surgery. A physician office that proposes to perform the surgery shall submit to the board, on an application form provided by the board, at least the following: (A) Level III procedures expected to be performed by each physician; (B) The specialty board certification or board eligibility of the physician or physicians performing Level III procedures, if any; (C) Verification of health care liability coverage for all physicians performing Level III procedures; (D) Verification of hospital staff privileges for all physicians performing Level III procedures; (E) The name of a responsible physician in whose name the surgical suite certification shall be issued for that office and a list of the physicians with the practice who are going to be performing Level III office-based surgeries; and (F) The documentation required by subsection (f) regarding incapacitated patient limits. (2) The form required by subdivision (m)(1) shall serve as an application form, but the information on the form shall be updated as appropriate when any information on it has changed.
(1) Except as provided in subdivision (h)(1), a physician office surgical suite is required to be certified by the board in order to perform office-based surgery. A physician office that proposes to perform the surgery shall submit to the board, on an application form provided by the board, at least the following: (A) Level III procedures expected to be performed by each physician; (B) The specialty board certification or board eligibility of the physician or physicians performing Level III procedures, if any; (C) Verification of health care liability coverage for all physicians performing Level III procedures; (D) Verification of hospital staff privileges for all physicians performing Level III procedures; (E) The name of a responsible physician in whose name the surgical suite certification shall be issued for that office and a list of the physicians with the practice who are going to be performing Level III office-based surgeries; and (F) The documentation required by subsection (f) regarding incapacitated patient limits.
(A) Level III procedures expected to be performed by each physician;
(B) The specialty board certification or board eligibility of the physician or physicians performing Level III procedures, if any;
(C) Verification of health care liability coverage for all physicians performing Level III procedures;
(D) Verification of hospital staff privileges for all physicians performing Level III procedures;
(E) The name of a responsible physician in whose name the surgical suite certification shall be issued for that office and a list of the physicians with the practice who are going to be performing Level III office-based surgeries; and
(F) The documentation required by subsection (f) regarding incapacitated patient limits.
(2) The form required by subdivision (m)(1) shall serve as an application form, but the information on the form shall be updated as appropriate when any information on it has changed.
(n) The board shall notify all physicians of the office-based surgery certification requirements. Failure of a physician performing office-based surgery, or a physician office at which office-based surgery is being performed, to abide by this section, any rules promulgated pursuant to this section or of § 68-11-211 may be grounds for disciplinary action or termination of either the rights of the physician to perform office-based surgery or the surgical suite's certification by the physician's licensing board, or both disciplinary action and termination. For purposes of § 4-5-320(c) , the public health, safety and welfare imperatively require emergency action at any time that a previously authorized surgical suite fails to maintain the standards set by the board.
(o) Applicants for initial licensure or reinstatement of a previously issued license shall indicate to the board on the appropriate licensure application if they intend to perform Level II office-based surgery procedures as defined by the rules of the board of osteopathic examination and that are integral to a planned treatment regimen and not performed on an urgent or emergent basis.
(p) Licensed osteopathic physicians who perform Level II office-based surgery at the time of licensure renewal shall indicate to the board on the licensure renewal application if the licensee currently performs Level II office-based surgery procedures as defined in the rules of the board of osteopathic examination and that are integral to a planned treatment regimen and not performed on an urgent or emergent basis.
(q) In order for health care providers and the board to work together to collect meaningful health care data, so as to minimize the frequency and severity of certain unexpected events and improve the delivery of health care services, each osteopathic physician who performs any Level II office-based surgery that results in any of the following unanticipated events shall notify the board in writing within fifteen (15) calendar days following the physician's discovery of the event: (1) The death of a patient during any Level II office-based surgery or within seventy-two (72) hours thereafter; (2) The transport of a patient to a hospital emergency department except those related to a natural course of the patient's illness or underlying condition; (3) The unplanned admission of a patient to a hospital within seventy-two (72) hours of discharge, only if the admission is related to the Level II office-based surgery except those related to a natural course of the patient's illness or underlying condition; (4) The discovery of a foreign object erroneously remaining in a patient from a Level II office-based surgery at that office; or (5) The performance of the wrong surgical procedure, surgery on the wrong site or surgery on the wrong patient.
(1) The death of a patient during any Level II office-based surgery or within seventy-two (72) hours thereafter;
(2) The transport of a patient to a hospital emergency department except those related to a natural course of the patient's illness or underlying condition;
(3) The unplanned admission of a patient to a hospital within seventy-two (72) hours of discharge, only if the admission is related to the Level II office-based surgery except those related to a natural course of the patient's illness or underlying condition;
(4) The discovery of a foreign object erroneously remaining in a patient from a Level II office-based surgery at that office; or
(5) The performance of the wrong surgical procedure, surgery on the wrong site or surgery on the wrong patient.
(r) Records of reportable events should be in writing and should include at a minimum the following: (1) The physician's name and license number; (2) The date and time of the occurrence or discovery of the incident; (3) The office and address where the incident took place; (4) The name and address of the patient; (5) The type of Level II office-based surgery that was performed; (6) The type and dosage of sedation or anesthesia utilized during the procedure; (7) The circumstances surrounding the incident; and (8) The type or types of events required to be reported as provided in subsection (q).
(1) The physician's name and license number;
(2) The date and time of the occurrence or discovery of the incident;
(3) The office and address where the incident took place;
(4) The name and address of the patient;
(5) The type of Level II office-based surgery that was performed;
(6) The type and dosage of sedation or anesthesia utilized during the procedure;
(7) The circumstances surrounding the incident; and
(8) The type or types of events required to be reported as provided in subsection (q).
(s) The filing of a report as required by subsection (q) does not, in and of itself, constitute an acknowledgement or admission of health care liability, error or omission. Upon receipt of the report, the board may, in its discretion, obtain patient and other records pursuant to authority granted to it in § 63-1-117 . The reporting form and any supporting documentation reviewed or obtained by the board pursuant to this section and any amendments to the reports shall be confidential and not subject to discovery, subpoena or legal compulsion for release to any person or entity; nor shall they be admissible in any civil or administrative proceeding, other than a disciplinary proceeding by the board; nor shall they be subject to any open records request made pursuant to title 10, chapter 7, part 5 or any other law. This section shall not affect any of the provisions of or limit the protections provided by § 63-1-150 .
(t) Failure to comply with the requirements of subsections ( o )-(s) constitutes grounds for disciplinary action by the board in its discretion pursuant to § 63-9-111 .
Amended by 2022 Tenn. Acts, ch. 1119, Secs.s 13, s 14, s 15, s 16, s 17eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 1119, s 12, eff. 7/1/2022.
Amended by 2017 Tenn. Acts, ch. 4, s 5, eff. 3/15/2017.
Acts 2007 , ch. 373, §5; 2008 , ch. 927, §§3, 4; 2012 , ch. 798, §§ 43, 44.
Tenn. Code Ann. § 63-8-115 — TN Code / Title 63 / Chapter 8 / Section 63-8-115
Qualifications of applicants
Status: in_force

(a) Every person who desires to practice optometry in this state shall submit an application to the board. Each applicant must show sufficient information for the board to determine that the applicant meets all of the following requirements: (1) Is over twenty-one (21) years of age; (2) Is of good moral character; (3) Is a graduate of a school or college of optometry accredited by a regional or professional accreditation organization that is recognized or approved by the board and is in good standing, as determined by the board; and (4) Has passed examinations and met the requirements established by the board for the scope of practice desired. (b) (1) An applicant who is licensed to practice optometry in a state other than Tennessee, in addition to the foregoing requirements, must show that the applicant is an optometrist in good standing in such state. If the applicant has been disciplined, the applicant must fully set forth the circumstances surrounding the discipline, so that the board may determine therefrom the applicant's character and fitness. (2) (A) When the board receives a completed application for initial licensure or a completed application for licensure from an applicant who is licensed in another state or territory of the United States or in the District of Columbia, then the board shall, within sixty (60) days from the date the board receives the completed application: (i) Render a decision on the application; or (ii) Inform the applicant of the need to appear before the board. (B) As used in this subdivision (b)(2), "completed application" means an application that satisfies all statutory and board rule requirements. (c) All applications to take examinations shall be accompanied by nonrefundable fees to defray the cost of preparing and conducting the examination and the application process as determined by the board. Amended by 2023 Tenn. Acts, ch. 426, s 5, eff. 5/11/2023. Acts 1925, ch. 99, § 7; Shan. Supp., § 3654a19; Code 1932, §7032; Acts 1935, ch. 129, § 5; 1939, ch. 90, § 6; impl. am. Acts 1947, ch. 9, §§ 2-4, 9; mod. C. Supp. 1950, § 7032; Acts 1953, ch. 113, § 41; 1971, ch. 161, § 2; 1976, ch. 426, § 5; 1979, ch. 406, § 21; T.C.A. (orig. ed.), § 63-817; Acts 1989, ch. 428, § 9; 1989, ch. 523, §54; 2003 , ch. 167, § 2.
(a) Every person who desires to practice optometry in this state shall submit an application to the board. Each applicant must show sufficient information for the board to determine that the applicant meets all of the following requirements: (1) Is over twenty-one (21) years of age; (2) Is of good moral character; (3) Is a graduate of a school or college of optometry accredited by a regional or professional accreditation organization that is recognized or approved by the board and is in good standing, as determined by the board; and (4) Has passed examinations and met the requirements established by the board for the scope of practice desired.
(1) Is over twenty-one (21) years of age;
(2) Is of good moral character;
(3) Is a graduate of a school or college of optometry accredited by a regional or professional accreditation organization that is recognized or approved by the board and is in good standing, as determined by the board; and
(4) Has passed examinations and met the requirements established by the board for the scope of practice desired.
(b) (1) An applicant who is licensed to practice optometry in a state other than Tennessee, in addition to the foregoing requirements, must show that the applicant is an optometrist in good standing in such state. If the applicant has been disciplined, the applicant must fully set forth the circumstances surrounding the discipline, so that the board may determine therefrom the applicant's character and fitness. (2) (A) When the board receives a completed application for initial licensure or a completed application for licensure from an applicant who is licensed in another state or territory of the United States or in the District of Columbia, then the board shall, within sixty (60) days from the date the board receives the completed application: (i) Render a decision on the application; or (ii) Inform the applicant of the need to appear before the board. (B) As used in this subdivision (b)(2), "completed application" means an application that satisfies all statutory and board rule requirements.
(1) An applicant who is licensed to practice optometry in a state other than Tennessee, in addition to the foregoing requirements, must show that the applicant is an optometrist in good standing in such state. If the applicant has been disciplined, the applicant must fully set forth the circumstances surrounding the discipline, so that the board may determine therefrom the applicant's character and fitness.
(2) (A) When the board receives a completed application for initial licensure or a completed application for licensure from an applicant who is licensed in another state or territory of the United States or in the District of Columbia, then the board shall, within sixty (60) days from the date the board receives the completed application: (i) Render a decision on the application; or (ii) Inform the applicant of the need to appear before the board. (B) As used in this subdivision (b)(2), "completed application" means an application that satisfies all statutory and board rule requirements.
(A) When the board receives a completed application for initial licensure or a completed application for licensure from an applicant who is licensed in another state or territory of the United States or in the District of Columbia, then the board shall, within sixty (60) days from the date the board receives the completed application: (i) Render a decision on the application; or (ii) Inform the applicant of the need to appear before the board.
(i) Render a decision on the application; or
(ii) Inform the applicant of the need to appear before the board.
(B) As used in this subdivision (b)(2), "completed application" means an application that satisfies all statutory and board rule requirements.
(c) All applications to take examinations shall be accompanied by nonrefundable fees to defray the cost of preparing and conducting the examination and the application process as determined by the board.
Amended by 2023 Tenn. Acts, ch. 426, s 5, eff. 5/11/2023.
Acts 1925, ch. 99, § 7; Shan. Supp., § 3654a19; Code 1932, §7032; Acts 1935, ch. 129, § 5; 1939, ch. 90, § 6; impl. am. Acts 1947, ch. 9, §§ 2-4, 9; mod. C. Supp. 1950, § 7032; Acts 1953, ch. 113, § 41; 1971, ch. 161, § 2; 1976, ch. 426, § 5; 1979, ch. 406, § 21; T.C.A. (orig. ed.), § 63-817; Acts 1989, ch. 428, § 9; 1989, ch. 523, §54; 2003 , ch. 167, § 2.
Tenn. Code Ann. § 63-27-110 — TN Code / Title 63 / Chapter 27 / Section 63-27-110
Exemptions
Status: in_force

(a) (1) Nothing in this chapter shall prohibit: (A) Any person licensed or certified to practice any of the other health-related professions in this state under any other law from engaging in the practice for which such person is licensed or certified; or (B) Persons employed as subsidiary workers who do not represent themselves to be registered respiratory therapists, certified respiratory therapists or assistants from assisting in the respiratory care of patients under the direction and supervision of a licensed physician. (2) As used in this section, "subsidiary worker" means an individual who occasionally administers oxygen or other therapeutic gas under the orders of a licensed physician, osteopath or doctor of dentistry, and who is not involved in any other aspect of the direct delivery of respiratory care procedures or the administration of diagnostic tests of the cardio-respiratory function. "Subsidiary worker" does not include an individual who delivers and installs respiratory care equipment in hospitals, in the home and in alternate care sites. (b) Nothing in this chapter shall be construed to apply to a registered nurse or to a licensed practical nurse employed by a licensed nursing home when such person is under the supervision of a registered nurse or a licensed physician, and so long as such licensed practical nurse does not maintain and manage life support systems. (c) With respect to licensed health care professionals that lawfully engage in the practice of respiratory care within the scope of practice of their professions, the board may develop mechanisms and standards for ensuring the competency of such licensed professionals in their practice of respiratory care, and may recommend to the health-related board for each such profession that that board adopt, by rule or otherwise, mechanisms and standards for ensuring competency in the practice of respiratory care; provided, that the board has no authority to regulate a health care professional subject to regulation by another health-related board. (d) Nothing in this chapter shall be construed as prohibiting the practice of respiratory care by students while they are under the supervision of instructors in any respiratory care educational program that has been approved by the Commission on Accreditation of Allied Health Education Programs (CAAHEP), or its successor organization, so long as the students' activities are not performed for compensation and so long as the students wear an appropriate badge indicating their status as students. (e) Nothing in this chapter shall prohibit self-care by the patient or the gratuitous care by a friend or member of the family who does not represent or hold out to be a respiratory care practitioner certified under this chapter. (f) Nothing in this chapter shall prohibit an individual who holds a credential from the National Board for Respiratory Care entitled "certified pulmonary function technologist (CPFT)" or "registered pulmonary function technologist (RPFT)" from engaging in the performance of pulmonary function diagnostic testing. Acts 1986, ch. 610, § 1; 1987, ch. 192, §§ 4-7; 1993, ch. 86, §2; 1995, ch. 368, § 1; T.C.A. § 63-6-410; Acts 1998, ch. 1106, §§ 27, 29, 51, 52, 55, 58; 2000, ch. 621, §§ 3, 7, 8.
(a) (1) Nothing in this chapter shall prohibit: (A) Any person licensed or certified to practice any of the other health-related professions in this state under any other law from engaging in the practice for which such person is licensed or certified; or (B) Persons employed as subsidiary workers who do not represent themselves to be registered respiratory therapists, certified respiratory therapists or assistants from assisting in the respiratory care of patients under the direction and supervision of a licensed physician. (2) As used in this section, "subsidiary worker" means an individual who occasionally administers oxygen or other therapeutic gas under the orders of a licensed physician, osteopath or doctor of dentistry, and who is not involved in any other aspect of the direct delivery of respiratory care procedures or the administration of diagnostic tests of the cardio-respiratory function. "Subsidiary worker" does not include an individual who delivers and installs respiratory care equipment in hospitals, in the home and in alternate care sites.
(1) Nothing in this chapter shall prohibit: (A) Any person licensed or certified to practice any of the other health-related professions in this state under any other law from engaging in the practice for which such person is licensed or certified; or (B) Persons employed as subsidiary workers who do not represent themselves to be registered respiratory therapists, certified respiratory therapists or assistants from assisting in the respiratory care of patients under the direction and supervision of a licensed physician.
(A) Any person licensed or certified to practice any of the other health-related professions in this state under any other law from engaging in the practice for which such person is licensed or certified; or
(B) Persons employed as subsidiary workers who do not represent themselves to be registered respiratory therapists, certified respiratory therapists or assistants from assisting in the respiratory care of patients under the direction and supervision of a licensed physician.
(2) As used in this section, "subsidiary worker" means an individual who occasionally administers oxygen or other therapeutic gas under the orders of a licensed physician, osteopath or doctor of dentistry, and who is not involved in any other aspect of the direct delivery of respiratory care procedures or the administration of diagnostic tests of the cardio-respiratory function. "Subsidiary worker" does not include an individual who delivers and installs respiratory care equipment in hospitals, in the home and in alternate care sites.
(b) Nothing in this chapter shall be construed to apply to a registered nurse or to a licensed practical nurse employed by a licensed nursing home when such person is under the supervision of a registered nurse or a licensed physician, and so long as such licensed practical nurse does not maintain and manage life support systems.
(c) With respect to licensed health care professionals that lawfully engage in the practice of respiratory care within the scope of practice of their professions, the board may develop mechanisms and standards for ensuring the competency of such licensed professionals in their practice of respiratory care, and may recommend to the health-related board for each such profession that that board adopt, by rule or otherwise, mechanisms and standards for ensuring competency in the practice of respiratory care; provided, that the board has no authority to regulate a health care professional subject to regulation by another health-related board.
(d) Nothing in this chapter shall be construed as prohibiting the practice of respiratory care by students while they are under the supervision of instructors in any respiratory care educational program that has been approved by the Commission on Accreditation of Allied Health Education Programs (CAAHEP), or its successor organization, so long as the students' activities are not performed for compensation and so long as the students wear an appropriate badge indicating their status as students.
(e) Nothing in this chapter shall prohibit self-care by the patient or the gratuitous care by a friend or member of the family who does not represent or hold out to be a respiratory care practitioner certified under this chapter.
(f) Nothing in this chapter shall prohibit an individual who holds a credential from the National Board for Respiratory Care entitled "certified pulmonary function technologist (CPFT)" or "registered pulmonary function technologist (RPFT)" from engaging in the performance of pulmonary function diagnostic testing.
Acts 1986, ch. 610, § 1; 1987, ch. 192, §§ 4-7; 1993, ch. 86, §2; 1995, ch. 368, § 1; T.C.A. § 63-6-410; Acts 1998, ch. 1106, §§ 27, 29, 51, 52, 55, 58; 2000, ch. 621, §§ 3, 7, 8.
Tenn. Code Ann. § 63-3-128 — TN Code / Title 63 / Chapter 3 / Section 63-3-128
[Repealed]
Status: repealed

Repealed by 2018 Tenn. Acts, ch. 883, s 3, eff. 1/1/2019. Acts 2010 , ch. 795, § 1.
Repealed by 2018 Tenn. Acts, ch. 883, s 3, eff. 1/1/2019.
Acts 2010 , ch. 795, § 1.
Tenn. Code Ann. § 63-13-315 — TN Code / Title 63 / Chapter 13 / Section 63-13-315
Penalties
Status: in_force

(a) A person commits a Class B misdemeanor if the person engages in an activity requiring a license issued according to this chapter and who fails to obtain the required license, who violates any other provision of this chapter or who uses any word, title, or representation implying that the person is licensed to engage in the practice of physical therapy. A person claims to be a physical therapist when using a title, letters or any description of services that incorporates one (1) or more of the terms, designations or abbreviations specifically restricted under §§ 63-13-103 and 63-13-310 . (b) The board may authorize an investigation of any person to the extent necessary to determine if the person is engaged in the unlawful practice of physical therapy. (c) The board may, through the office of the attorney general and reporter, apply for injunctive relief in any court of competent jurisdiction to enjoin any person from committing an act in violation of this chapter. Injunctive proceedings are in addition to, and not in lieu of, all penalties and other remedies prescribed in this chapter. (d) A person who aids or requires another person to directly or indirectly violate this chapter or rules, who permits the person's license or a license issued by this board to be used by any person other than the licensee or who acts with the intent to violate or evade this chapter or rules is subject to a civil penalty of not more than one thousand dollars ($1,000) for each violation. Acts 1999, ch. 528, § 27.
(a) A person commits a Class B misdemeanor if the person engages in an activity requiring a license issued according to this chapter and who fails to obtain the required license, who violates any other provision of this chapter or who uses any word, title, or representation implying that the person is licensed to engage in the practice of physical therapy. A person claims to be a physical therapist when using a title, letters or any description of services that incorporates one (1) or more of the terms, designations or abbreviations specifically restricted under §§ 63-13-103 and 63-13-310 .
(b) The board may authorize an investigation of any person to the extent necessary to determine if the person is engaged in the unlawful practice of physical therapy.
(c) The board may, through the office of the attorney general and reporter, apply for injunctive relief in any court of competent jurisdiction to enjoin any person from committing an act in violation of this chapter. Injunctive proceedings are in addition to, and not in lieu of, all penalties and other remedies prescribed in this chapter.
(d) A person who aids or requires another person to directly or indirectly violate this chapter or rules, who permits the person's license or a license issued by this board to be used by any person other than the licensee or who acts with the intent to violate or evade this chapter or rules is subject to a civil penalty of not more than one thousand dollars ($1,000) for each violation.
Acts 1999, ch. 528, § 27.
Tenn. Code Ann. § 63-31-110 — TN Code / Title 63 / Chapter 31 / Section 63-31-110
Violation
Status: in_force

Any person who engages in the practice of polysomnography in violation of this chapter is guilty of a Class B misdemeanor. Acts 2007 , ch. 469, § 1.
Any person who engages in the practice of polysomnography in violation of this chapter is guilty of a Class B misdemeanor.
Acts 2007 , ch. 469, § 1.