Tenn. Code Ann. § 63-1-156 — TN Code / Title 63 / Chapter 1 / Section 63-1-156
Immunity from prosecution when seeking medical assistance for drug overdose - Providing first aid or other medical assistance as mitigating factor - Effect on admissibility of evidence
Status: in_force

(a) As used in this section: (1) "Controlled substance" means a drug, substance, or immediate precursor identified, defined, or listed in title 39, chapter 17, part 4 and title 53, chapter 11; (2) "Drug overdose" means an acute condition, including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, mania, or death, resulting from the consumption or use of a controlled substance, or other substance inhaled, ingested, injected, or otherwise introduced into the body by the distressed individual that a reasonable person would believe to be resulting from the consumption or use of a controlled substance or other substance by the distressed individual; (3) "Drug violation" means: (A) A violation of § 39-17-418 ; or (B) A violation of § 39-17-425 ; (4) "Medical assistance" means aid provided to a person by a healthcare professional licensed, registered, or certified under the laws of this state who, acting within the person's lawful scope of practice, may provide diagnosis, treatment, or emergency medical services; and (5) "Seeks medical assistance" means: (A) Accesses or assists in accessing medical assistance or the 911 system; (B) Contacts or assists in contacting law enforcement or a poison control center; or (C) Provides care or contacts or assists in contacting any person or entity to provide care while awaiting the arrival of medical assistance to aid a person who is experiencing or believed to be experiencing a drug overdose. (b) Any person who in good faith seeks medical assistance for a person experiencing or believed to be experiencing a drug overdose shall not be arrested, charged, or prosecuted for a drug violation if the evidence for the arrest, charge, or prosecution of the drug violation resulted from seeking such medical assistance. Any person who is experiencing a drug overdose and who in good faith seeks medical assistance for or is the subject of a request for medical assistance shall not be arrested, charged, or prosecuted for a drug violation if the evidence for the arrest, charge, or prosecution of the drug violation resulted from seeking such medical assistance. This immunity from being arrested, charged, or prosecuted shall apply to the person experiencing a drug overdose on the person's first such drug overdose. This immunity from being arrested, charged, or prosecuted may be applied if the person experiences subsequent drug overdoses at the discretion of the responding law enforcement officer or the district attorney general's office. Any such person shall also not be subject to the following, if related to the seeking of medical assistance: (1) Penalties for a violation of a permanent or temporary protective order or restraining order; or (2) Sanctions for a violation of a condition of pretrial release, condition of probation, or condition of parole based on a drug violation. (c) (1) The act of providing first aid or other medical assistance to someone who is experiencing a drug overdose may be used as a mitigating factor in a criminal prosecution for which immunity, set out in subsection (b), is not provided. (2) Nothing in this section shall limit the admissibility of any evidence in connection with the investigation or prosecution of a crime with regard to a defendant who does not qualify for the protections of subsection (b) or with regard to other crimes committed by a person who otherwise qualifies for the protections of subsection (b). (3) Nothing in this section shall limit any seizure of evidence or contraband otherwise permitted by law. (4) Nothing in this section shall limit or abridge the authority of a law enforcement officer to detain or take into custody a person in the course of an investigation or to effectuate an arrest for any offense except as provided in subsection (b). Amended by 2023 Tenn. Acts, ch. 41, s 1, eff. 7/1/2023. Added by 2015 Tenn. Acts, ch. 396, s 2, eff. 7/1/2015.
(a) As used in this section: (1) "Controlled substance" means a drug, substance, or immediate precursor identified, defined, or listed in title 39, chapter 17, part 4 and title 53, chapter 11; (2) "Drug overdose" means an acute condition, including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, mania, or death, resulting from the consumption or use of a controlled substance, or other substance inhaled, ingested, injected, or otherwise introduced into the body by the distressed individual that a reasonable person would believe to be resulting from the consumption or use of a controlled substance or other substance by the distressed individual; (3) "Drug violation" means: (A) A violation of § 39-17-418 ; or (B) A violation of § 39-17-425 ; (4) "Medical assistance" means aid provided to a person by a healthcare professional licensed, registered, or certified under the laws of this state who, acting within the person's lawful scope of practice, may provide diagnosis, treatment, or emergency medical services; and (5) "Seeks medical assistance" means: (A) Accesses or assists in accessing medical assistance or the 911 system; (B) Contacts or assists in contacting law enforcement or a poison control center; or (C) Provides care or contacts or assists in contacting any person or entity to provide care while awaiting the arrival of medical assistance to aid a person who is experiencing or believed to be experiencing a drug overdose.
(1) "Controlled substance" means a drug, substance, or immediate precursor identified, defined, or listed in title 39, chapter 17, part 4 and title 53, chapter 11;
(2) "Drug overdose" means an acute condition, including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, mania, or death, resulting from the consumption or use of a controlled substance, or other substance inhaled, ingested, injected, or otherwise introduced into the body by the distressed individual that a reasonable person would believe to be resulting from the consumption or use of a controlled substance or other substance by the distressed individual;
(3) "Drug violation" means: (A) A violation of § 39-17-418 ; or (B) A violation of § 39-17-425 ;
(A) A violation of § 39-17-418 ; or
(B) A violation of § 39-17-425 ;
(4) "Medical assistance" means aid provided to a person by a healthcare professional licensed, registered, or certified under the laws of this state who, acting within the person's lawful scope of practice, may provide diagnosis, treatment, or emergency medical services; and
(5) "Seeks medical assistance" means: (A) Accesses or assists in accessing medical assistance or the 911 system; (B) Contacts or assists in contacting law enforcement or a poison control center; or (C) Provides care or contacts or assists in contacting any person or entity to provide care while awaiting the arrival of medical assistance to aid a person who is experiencing or believed to be experiencing a drug overdose.
(A) Accesses or assists in accessing medical assistance or the 911 system;
(B) Contacts or assists in contacting law enforcement or a poison control center; or
(C) Provides care or contacts or assists in contacting any person or entity to provide care while awaiting the arrival of medical assistance to aid a person who is experiencing or believed to be experiencing a drug overdose.
(b) Any person who in good faith seeks medical assistance for a person experiencing or believed to be experiencing a drug overdose shall not be arrested, charged, or prosecuted for a drug violation if the evidence for the arrest, charge, or prosecution of the drug violation resulted from seeking such medical assistance. Any person who is experiencing a drug overdose and who in good faith seeks medical assistance for or is the subject of a request for medical assistance shall not be arrested, charged, or prosecuted for a drug violation if the evidence for the arrest, charge, or prosecution of the drug violation resulted from seeking such medical assistance. This immunity from being arrested, charged, or prosecuted shall apply to the person experiencing a drug overdose on the person's first such drug overdose. This immunity from being arrested, charged, or prosecuted may be applied if the person experiences subsequent drug overdoses at the discretion of the responding law enforcement officer or the district attorney general's office. Any such person shall also not be subject to the following, if related to the seeking of medical assistance: (1) Penalties for a violation of a permanent or temporary protective order or restraining order; or (2) Sanctions for a violation of a condition of pretrial release, condition of probation, or condition of parole based on a drug violation.
(1) Penalties for a violation of a permanent or temporary protective order or restraining order; or
(2) Sanctions for a violation of a condition of pretrial release, condition of probation, or condition of parole based on a drug violation.
(c) (1) The act of providing first aid or other medical assistance to someone who is experiencing a drug overdose may be used as a mitigating factor in a criminal prosecution for which immunity, set out in subsection (b), is not provided. (2) Nothing in this section shall limit the admissibility of any evidence in connection with the investigation or prosecution of a crime with regard to a defendant who does not qualify for the protections of subsection (b) or with regard to other crimes committed by a person who otherwise qualifies for the protections of subsection (b). (3) Nothing in this section shall limit any seizure of evidence or contraband otherwise permitted by law. (4) Nothing in this section shall limit or abridge the authority of a law enforcement officer to detain or take into custody a person in the course of an investigation or to effectuate an arrest for any offense except as provided in subsection (b).
(1) The act of providing first aid or other medical assistance to someone who is experiencing a drug overdose may be used as a mitigating factor in a criminal prosecution for which immunity, set out in subsection (b), is not provided.
(2) Nothing in this section shall limit the admissibility of any evidence in connection with the investigation or prosecution of a crime with regard to a defendant who does not qualify for the protections of subsection (b) or with regard to other crimes committed by a person who otherwise qualifies for the protections of subsection (b).
(3) Nothing in this section shall limit any seizure of evidence or contraband otherwise permitted by law.
(4) Nothing in this section shall limit or abridge the authority of a law enforcement officer to detain or take into custody a person in the course of an investigation or to effectuate an arrest for any offense except as provided in subsection (b).
Amended by 2023 Tenn. Acts, ch. 41, s 1, eff. 7/1/2023.
Added by 2015 Tenn. Acts, ch. 396, s 2, eff. 7/1/2015.
Tenn. Code Ann. § 63-10-106 — TN Code / Title 63 / Chapter 10 / Section 63-10-106
Reimbursement rates
Status: in_force

No agreement between a program administrator and a pharmacy shall establish reimbursement rates or procedures that result in reimbursement rates for services rendered to persons covered by the plan that are less than the usual and customary rate charged by that vendor and paid by ordinary consumers for the same or similar services. This section does not apply to any agreements involving a pharmacy that is a member of an organized pharmacy network, such as a preferred provider organization (PPO) or a professional service administration organization (PSAO). Acts 1981, ch. 104, § 7; T.C.A., § 63-1056; Acts 1993, ch. 388, § 1; T.C.A. 63-10-306.
No agreement between a program administrator and a pharmacy shall establish reimbursement rates or procedures that result in reimbursement rates for services rendered to persons covered by the plan that are less than the usual and customary rate charged by that vendor and paid by ordinary consumers for the same or similar services. This section does not apply to any agreements involving a pharmacy that is a member of an organized pharmacy network, such as a preferred provider organization (PPO) or a professional service administration organization (PSAO).
Acts 1981, ch. 104, § 7; T.C.A., § 63-1056; Acts 1993, ch. 388, § 1; T.C.A. 63-10-306.
Tenn. Code Ann. § 63-22-201 — TN Code / Title 63 / Chapter 22 / Section 63-22-201
Part definitions
Status: in_force

The following definitions shall apply in this part, unless the context clearly requires a different meaning: (1) "Advertise" means, but is not limited to, business solicitations, with or without limiting qualifications, in a card, sign or device issued to a person, in a sign or marking in or on any building or in any newspaper, magazine, directory or other printed matter. Advertising also includes business solicitations communicated by individual, radio, video or television broadcasting or other means designed to secure public attention; (2) "Certified clinical pastoral therapist" means a person who has met the qualifications for certified clinical pastoral therapist and holds a current, unsuspended or unrevoked certificate that has been lawfully issued by the board; (3) "Clinical pastoral education" means program of training designed to acquaint students of theology and practicing clergy with the clinical method of learning, increase skills in the arts of pastoral care and facilitate integration of a professional pastoral identity. Programs typically occur in general medical, psychiatric or penal institutions; (4) "Clinical pastoral therapy" means the diagnosis and treatment, from a clinical pastoral perspective, of the psychodynamics, interpersonal dynamics and spiritual dynamics of persons experiencing emotional behavioral or relational distress or dysfunction. Clinical pastoral therapy involves 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 the contemporary psychotherapy community in the delivery of counseling and psychotherapeutic services to individuals, couples, families and groups; (5) "Licensed clinical pastoral therapist" means a person who has met the qualifications for a licensed clinical pastoral therapist and who holds a current, unsuspended or unrevoked license that has been issued lawfully by the board; (6) "Practice of clinical pastoral therapy" means the rendering of professional clinical pastoral therapy to individuals, couples, families or groups, either offered directly to the general public by an individual operating independently of any institution, organization or agency, through mental health clinics or agencies, whether public or private or through hospitals, whether public or private, for a fee, excluding volunteer hours; (7) "Recognized educational institution" means any educational institution that is accredited by a nationally or regionally recognized educational accrediting body; (8) "Supervision" means the direct clinical review, for the purpose of training or teaching, by a board-approved supervisor, of a clinical pastoral therapist's interaction with clients. The purpose of supervision shall be to promote the development of the practitioner's clinical skills. Supervision may include, without being limited to, the review of case presentations, audiotapes, videotapes and direct observation; and (9) "Use a title or description of" means to hold oneself out to the public as having a particular status by means of stating on signs, mailboxes, address plates, stationery, announcements, business cards or other instruments of professional identification. Amended by 2019 Tenn. Acts, ch. 233, Secs.s 1, s 2 eff. 4/30/2019. Amended by 2016 Tenn. Acts, ch. 955, s 3, eff. 4/27/2016. Acts 1997 , ch. 485, § 6; 2003 , ch. 250, §§ 1, 12.
The following definitions shall apply in this part, unless the context clearly requires a different meaning:
(1) "Advertise" means, but is not limited to, business solicitations, with or without limiting qualifications, in a card, sign or device issued to a person, in a sign or marking in or on any building or in any newspaper, magazine, directory or other printed matter. Advertising also includes business solicitations communicated by individual, radio, video or television broadcasting or other means designed to secure public attention;
(2) "Certified clinical pastoral therapist" means a person who has met the qualifications for certified clinical pastoral therapist and holds a current, unsuspended or unrevoked certificate that has been lawfully issued by the board;
(3) "Clinical pastoral education" means program of training designed to acquaint students of theology and practicing clergy with the clinical method of learning, increase skills in the arts of pastoral care and facilitate integration of a professional pastoral identity. Programs typically occur in general medical, psychiatric or penal institutions;
(4) "Clinical pastoral therapy" means the diagnosis and treatment, from a clinical pastoral perspective, of the psychodynamics, interpersonal dynamics and spiritual dynamics of persons experiencing emotional behavioral or relational distress or dysfunction. Clinical pastoral therapy involves 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 the contemporary psychotherapy community in the delivery of counseling and psychotherapeutic services to individuals, couples, families and groups;
(5) "Licensed clinical pastoral therapist" means a person who has met the qualifications for a licensed clinical pastoral therapist and who holds a current, unsuspended or unrevoked license that has been issued lawfully by the board;
(6) "Practice of clinical pastoral therapy" means the rendering of professional clinical pastoral therapy to individuals, couples, families or groups, either offered directly to the general public by an individual operating independently of any institution, organization or agency, through mental health clinics or agencies, whether public or private or through hospitals, whether public or private, for a fee, excluding volunteer hours;
(7) "Recognized educational institution" means any educational institution that is accredited by a nationally or regionally recognized educational accrediting body;
(8) "Supervision" means the direct clinical review, for the purpose of training or teaching, by a board-approved supervisor, of a clinical pastoral therapist's interaction with clients. The purpose of supervision shall be to promote the development of the practitioner's clinical skills. Supervision may include, without being limited to, the review of case presentations, audiotapes, videotapes and direct observation; and
(9) "Use a title or description of" means to hold oneself out to the public as having a particular status by means of stating on signs, mailboxes, address plates, stationery, announcements, business cards or other instruments of professional identification.
Amended by 2019 Tenn. Acts, ch. 233, Secs.s 1, s 2 eff. 4/30/2019.
Amended by 2016 Tenn. Acts, ch. 955, s 3, eff. 4/27/2016.
Acts 1997 , ch. 485, § 6; 2003 , ch. 250, §§ 1, 12.
Tenn. Code Ann. § 63-12-126 — TN Code / Title 63 / Chapter 12 / Section 63-12-126
Animal cruelty reporting - Immunity from civil or criminal liability
Status: in_force

(a) Notwithstanding § 63-12-124 or another provision of law to the contrary, a licensed veterinarian, while acting in a professional capacity and in a current veterinarian-client-patient relationship, having reasonable cause to believe that an animal has been subjected to animal cruelty in violation of § 39-14-202 , § 39-14-214 , or § 39-14-217 , may make or cause to be made a report of such violation to the commissioner of agriculture or the commissioner's designee, an animal control officer, a law enforcement agency, or a district attorney and may appear and testify in a judicial or administrative proceeding concerning the care of the animal. (b) A licensed veterinarian or person participating in the making of a report pursuant to subsection (a) is not in breach of veterinarian-client-patient confidentiality by making the report or participating in a judicial or administrative proceeding pursuant to subsection (a) and is immune from any civil or criminal liability or disciplinary action by the board, as long as such participation pursuant to subsection (a) is made in good faith. Added by 2024 Tenn. Acts, ch. 584,s 1, eff. 3/15/2024.
(a) Notwithstanding § 63-12-124 or another provision of law to the contrary, a licensed veterinarian, while acting in a professional capacity and in a current veterinarian-client-patient relationship, having reasonable cause to believe that an animal has been subjected to animal cruelty in violation of § 39-14-202 , § 39-14-214 , or § 39-14-217 , may make or cause to be made a report of such violation to the commissioner of agriculture or the commissioner's designee, an animal control officer, a law enforcement agency, or a district attorney and may appear and testify in a judicial or administrative proceeding concerning the care of the animal.
(b) A licensed veterinarian or person participating in the making of a report pursuant to subsection (a) is not in breach of veterinarian-client-patient confidentiality by making the report or participating in a judicial or administrative proceeding pursuant to subsection (a) and is immune from any civil or criminal liability or disciplinary action by the board, as long as such participation pursuant to subsection (a) is made in good faith.
Added by 2024 Tenn. Acts, ch. 584,s 1, eff. 3/15/2024.
Tenn. Code Ann. § 63-10-509 — TN Code / Title 63 / Chapter 10 / Section 63-10-509
Donation by long-term care facility
Status: in_force

Notwithstanding this title, title 68, or any rule, a long-term care facility licensed under title 68 may donate prescription drugs to the repository program established by this part. Added by 2023 Tenn. Acts, ch. 200, s 1, eff. 1/1/2024.
Notwithstanding this title, title 68, or any rule, a long-term care facility licensed under title 68 may donate prescription drugs to the repository program established by this part.
Added by 2023 Tenn. Acts, ch. 200, s 1, eff. 1/1/2024.
Tenn. Code Ann. § 63-10-206 — TN Code / Title 63 / Chapter 10 / Section 63-10-206
Sale of nonprescription drugs and devices
Status: in_force

(a) Any nonprescription drug or device can be sold in its original single package by any retail business unless such nonprescription drug or device is required by federal or state law to be dispensed or sold only by or under the supervision of a pharmacist. (b) Notwithstanding subsection (a) to the contrary, any insulin preparation shall be dispensed only by or under the supervision of a pharmacist. All insulin preparations must be properly stored in an area not accessible to the general public. (c) In order to comply with federal and state law requiring pharmacies to maintain patient profiles with a comprehensive list of medications and devices, pharmacists are authorized to execute prescription orders for nonprescription drugs and devices. (d) Nothing in this section shall be construed as exempting nonprescription drugs and devices dispensed on a prescription order executed by a pharmacist from application of the sales and use tax provisions of title 67, chapter 6. Acts 1996, ch. 651, § 6; T.C.A. § 63-10-406 .
(a) Any nonprescription drug or device can be sold in its original single package by any retail business unless such nonprescription drug or device is required by federal or state law to be dispensed or sold only by or under the supervision of a pharmacist.
(b) Notwithstanding subsection (a) to the contrary, any insulin preparation shall be dispensed only by or under the supervision of a pharmacist. All insulin preparations must be properly stored in an area not accessible to the general public.
(c) In order to comply with federal and state law requiring pharmacies to maintain patient profiles with a comprehensive list of medications and devices, pharmacists are authorized to execute prescription orders for nonprescription drugs and devices.
(d) Nothing in this section shall be construed as exempting nonprescription drugs and devices dispensed on a prescription order executed by a pharmacist from application of the sales and use tax provisions of title 67, chapter 6.
Acts 1996, ch. 651, § 6; T.C.A. § 63-10-406 .
Tenn. Code Ann. § 63-11-503 — TN Code / Title 63 / Chapter 11 / Section 63-11-503
Rulemaking
Status: in_force

The department of health, in consultation with the board of examiners in psychology, may promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this part. Added by 2021 Tenn. Acts, ch. 352, s 1, eff. 5/11/2021.
The department of health, in consultation with the board of examiners in psychology, may promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this part.
Added by 2021 Tenn. Acts, ch. 352, s 1, eff. 5/11/2021.
Tenn. Code Ann. § 63-5-133 — TN Code / Title 63 / Chapter 5 / Section 63-5-133
Dental referral service
Status: in_force

(a) A dental referral service shall not participate in the advertising of, or operate, a dental referral service unless it meets all of the following requirements: (1) Its patient referrals result from patient-initiated responses to the dental referral service's advertising; (2) It discloses to any prospective patient in its advertising that participating dentists have paid a fee for participation in the service; (3) It does not impose a fee on participating dentists dependent on the number of referrals or amount of professional fees paid by the patient to the dentist; and (4) It duly registers with the board, providing all information reasonably required by the board. (b) Participating dentists shall not enter into an agreement to accept for dental care or treatment a person referred or recommended by a dental referral service unless the dental referral service meets all the requirements of subsection (a). Participating dentists shall charge no more than their usual and customary fees to any patient so referred or recommended. (c) (1) "Dental referral service" is a person, firm, partnership, association, corporation, agent or employee of any of the foregoing that engages in any business or service for profit that in whole or in part includes the referral or recommendation of persons to a dentist for any form of dental care or treatment. (2) "Participating dentist" is a dentist duly licensed under this chapter who has paid a fee to a dental referral service in order to be included in its referral service. (d) A dental referral service that advertises shall include in each advertisement legible or audible language, or both, a disclaimer containing all the following statements or information: (1) The advertisement is paid for by participating dentists who have paid a fee to participate; and (2) No representation is made about the quality of the dental services to be performed or expertise of the participating dentists, and that participating dentists are not more or less qualified than dentists who are not participating in the service. (e) Dental referral service advertisements shall not do any of the following: (1) Advertise or solicit patients in a manner that contains a false, fraudulent, misleading or deceptive statement in any material respect; (2) Publish or circulate, directly or indirectly, any false, fraudulent, misleading or deceptive statement as to the skill or methods of practice of any participating dentist; (3) Contain a statement or make a recommendation that the dental referral service provides referrals to the most qualified dentists or dental practice; or (4) Advertise a review process or a screening that misleads the public into thinking a participating dentist has obtained special recognition or joined a selective group of licensed dentists by being a participating dentist in the dental referral service. Acts 1998, ch. 1025, § 1.
(a) A dental referral service shall not participate in the advertising of, or operate, a dental referral service unless it meets all of the following requirements: (1) Its patient referrals result from patient-initiated responses to the dental referral service's advertising; (2) It discloses to any prospective patient in its advertising that participating dentists have paid a fee for participation in the service; (3) It does not impose a fee on participating dentists dependent on the number of referrals or amount of professional fees paid by the patient to the dentist; and (4) It duly registers with the board, providing all information reasonably required by the board.
(1) Its patient referrals result from patient-initiated responses to the dental referral service's advertising;
(2) It discloses to any prospective patient in its advertising that participating dentists have paid a fee for participation in the service;
(3) It does not impose a fee on participating dentists dependent on the number of referrals or amount of professional fees paid by the patient to the dentist; and
(4) It duly registers with the board, providing all information reasonably required by the board.
(b) Participating dentists shall not enter into an agreement to accept for dental care or treatment a person referred or recommended by a dental referral service unless the dental referral service meets all the requirements of subsection (a). Participating dentists shall charge no more than their usual and customary fees to any patient so referred or recommended.
(c) (1) "Dental referral service" is a person, firm, partnership, association, corporation, agent or employee of any of the foregoing that engages in any business or service for profit that in whole or in part includes the referral or recommendation of persons to a dentist for any form of dental care or treatment. (2) "Participating dentist" is a dentist duly licensed under this chapter who has paid a fee to a dental referral service in order to be included in its referral service.
(1) "Dental referral service" is a person, firm, partnership, association, corporation, agent or employee of any of the foregoing that engages in any business or service for profit that in whole or in part includes the referral or recommendation of persons to a dentist for any form of dental care or treatment.
(2) "Participating dentist" is a dentist duly licensed under this chapter who has paid a fee to a dental referral service in order to be included in its referral service.
(d) A dental referral service that advertises shall include in each advertisement legible or audible language, or both, a disclaimer containing all the following statements or information: (1) The advertisement is paid for by participating dentists who have paid a fee to participate; and (2) No representation is made about the quality of the dental services to be performed or expertise of the participating dentists, and that participating dentists are not more or less qualified than dentists who are not participating in the service.
(1) The advertisement is paid for by participating dentists who have paid a fee to participate; and
(2) No representation is made about the quality of the dental services to be performed or expertise of the participating dentists, and that participating dentists are not more or less qualified than dentists who are not participating in the service.
(e) Dental referral service advertisements shall not do any of the following: (1) Advertise or solicit patients in a manner that contains a false, fraudulent, misleading or deceptive statement in any material respect; (2) Publish or circulate, directly or indirectly, any false, fraudulent, misleading or deceptive statement as to the skill or methods of practice of any participating dentist; (3) Contain a statement or make a recommendation that the dental referral service provides referrals to the most qualified dentists or dental practice; or (4) Advertise a review process or a screening that misleads the public into thinking a participating dentist has obtained special recognition or joined a selective group of licensed dentists by being a participating dentist in the dental referral service.
(1) Advertise or solicit patients in a manner that contains a false, fraudulent, misleading or deceptive statement in any material respect;
(2) Publish or circulate, directly or indirectly, any false, fraudulent, misleading or deceptive statement as to the skill or methods of practice of any participating dentist;
(3) Contain a statement or make a recommendation that the dental referral service provides referrals to the most qualified dentists or dental practice; or
(4) Advertise a review process or a screening that misleads the public into thinking a participating dentist has obtained special recognition or joined a selective group of licensed dentists by being a participating dentist in the dental referral service.
Acts 1998, ch. 1025, § 1.
Tenn. Code Ann. § 63-12-134 — TN Code / Title 63 / Chapter 12 / Section 63-12-134
Lien for services
Status: in_force

(a) Every licensed veterinarian has a lien on each animal or pet treated, boarded or cared for by the veterinarian while in the veterinarian's custody and under contract with the owner of such animal or pet for payment of charges for treatment, board or care of such animal or pet. Such veterinarian has the right to retain such animal or pet until such charges are paid. (b) (1) If the charges due for the services named in this section are not paid within ten (10) days after demand for the charges due on the owner of such animal or pet, in person, or by registered or certified mail with return receipt requested, addressed to the owner at the address given when such animal or pet is delivered, and the receipt has been returned by the United States postal authorities, such animal or pet shall be deemed to be abandoned and the licensed veterinarian is authorized to sell the animal or pet either at public or private sale and if the veterinarian does not succeed in selling such animal or pet within ten (10) days, then the veterinarian is authorized to dispose of such animal or pet in any manner that the veterinarian deems proper or turn the animal or pet over to the nearest humane society or dog pound in the area for disposal as such custodian deems proper. (2) An animal shall also be considered abandoned by its owner if the owner gives a licensed veterinarian a false address and telephone number and the demand mailed by the licensed veterinarian by registered or certified mail, return receipt requested, is returned undelivered. Under the circumstances provided in this subdivision (b)(2), the licensed veterinarian may consider the animal abandoned when the veterinarian receives notice that the mailed demand is undeliverable; and the licensed veterinarian may dispose of the animal as provided in subdivision (b)(1). As an alternative, the licensed veterinarian may turn the animal or pet over to the nearest humane society or animal control shelter in the area for disposition of the animal as such custodian deems proper without first offering the animal or pet for sale. (c) The giving of notice to the owners as provided in subsection (b) relieves the licensed veterinarian or any custodian to whom such animal or pet may be given of any further liability for disposal. (d) Failure of the owner of any such animal or pet to receive the demand by registered or certified mail provided for in this section does not render the licensed veterinarian liable to the owner of such animal or pet for the disposal thereof in any manner provided in this section. (e) When any animal or pet is sold as authorized in this section to satisfy a lien for any of the services enumerated, any moneys realized from the sale, less such charges and any expenses incurred in making the demand for payment thereof in connection with the sale, shall be paid to the owner of the animal or pet. (f) No legal proceeding for the enforcement of the lien created by this law is necessary concerning abandoned animals as defined in subsection (b), other than compliance with the requirements provided in this section. Acts 1967, ch. 80, § 34; T.C.A., § 63-1234; Acts 1983, ch. 57, § 17; 1997 , ch. 204, § 1.
(a) Every licensed veterinarian has a lien on each animal or pet treated, boarded or cared for by the veterinarian while in the veterinarian's custody and under contract with the owner of such animal or pet for payment of charges for treatment, board or care of such animal or pet. Such veterinarian has the right to retain such animal or pet until such charges are paid.
(b) (1) If the charges due for the services named in this section are not paid within ten (10) days after demand for the charges due on the owner of such animal or pet, in person, or by registered or certified mail with return receipt requested, addressed to the owner at the address given when such animal or pet is delivered, and the receipt has been returned by the United States postal authorities, such animal or pet shall be deemed to be abandoned and the licensed veterinarian is authorized to sell the animal or pet either at public or private sale and if the veterinarian does not succeed in selling such animal or pet within ten (10) days, then the veterinarian is authorized to dispose of such animal or pet in any manner that the veterinarian deems proper or turn the animal or pet over to the nearest humane society or dog pound in the area for disposal as such custodian deems proper. (2) An animal shall also be considered abandoned by its owner if the owner gives a licensed veterinarian a false address and telephone number and the demand mailed by the licensed veterinarian by registered or certified mail, return receipt requested, is returned undelivered. Under the circumstances provided in this subdivision (b)(2), the licensed veterinarian may consider the animal abandoned when the veterinarian receives notice that the mailed demand is undeliverable; and the licensed veterinarian may dispose of the animal as provided in subdivision (b)(1). As an alternative, the licensed veterinarian may turn the animal or pet over to the nearest humane society or animal control shelter in the area for disposition of the animal as such custodian deems proper without first offering the animal or pet for sale.
(1) If the charges due for the services named in this section are not paid within ten (10) days after demand for the charges due on the owner of such animal or pet, in person, or by registered or certified mail with return receipt requested, addressed to the owner at the address given when such animal or pet is delivered, and the receipt has been returned by the United States postal authorities, such animal or pet shall be deemed to be abandoned and the licensed veterinarian is authorized to sell the animal or pet either at public or private sale and if the veterinarian does not succeed in selling such animal or pet within ten (10) days, then the veterinarian is authorized to dispose of such animal or pet in any manner that the veterinarian deems proper or turn the animal or pet over to the nearest humane society or dog pound in the area for disposal as such custodian deems proper.
(2) An animal shall also be considered abandoned by its owner if the owner gives a licensed veterinarian a false address and telephone number and the demand mailed by the licensed veterinarian by registered or certified mail, return receipt requested, is returned undelivered. Under the circumstances provided in this subdivision (b)(2), the licensed veterinarian may consider the animal abandoned when the veterinarian receives notice that the mailed demand is undeliverable; and the licensed veterinarian may dispose of the animal as provided in subdivision (b)(1). As an alternative, the licensed veterinarian may turn the animal or pet over to the nearest humane society or animal control shelter in the area for disposition of the animal as such custodian deems proper without first offering the animal or pet for sale.
(c) The giving of notice to the owners as provided in subsection (b) relieves the licensed veterinarian or any custodian to whom such animal or pet may be given of any further liability for disposal.
(d) Failure of the owner of any such animal or pet to receive the demand by registered or certified mail provided for in this section does not render the licensed veterinarian liable to the owner of such animal or pet for the disposal thereof in any manner provided in this section.
(e) When any animal or pet is sold as authorized in this section to satisfy a lien for any of the services enumerated, any moneys realized from the sale, less such charges and any expenses incurred in making the demand for payment thereof in connection with the sale, shall be paid to the owner of the animal or pet.
(f) No legal proceeding for the enforcement of the lien created by this law is necessary concerning abandoned animals as defined in subsection (b), other than compliance with the requirements provided in this section.
Acts 1967, ch. 80, § 34; T.C.A., § 63-1234; Acts 1983, ch. 57, § 17; 1997 , ch. 204, § 1.
Tenn. Code Ann. § 63-10-706 — TN Code / Title 63 / Chapter 10 / Section 63-10-706
Promulgation of rules
Status: in_force

The board of pharmacy shall promulgate rules necessary for implementation of this part. All such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 2015 , ch. 40, § 4.
The board of pharmacy shall promulgate rules necessary for implementation of this part. All such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2015 , ch. 40, § 4.
Tenn. Code Ann. § 63-1-171 — TN Code / Title 63 / Chapter 1 / Section 63-1-171
Notification of communication concerning additional information needed to process prior authorization request for patient
Status: in_force

(a) As used in this section: (1) "Communication" means written or electronic correspondence among a healthcare facility, health insurance entity, or provider concerning a prior authorization; (2) "Health insurance coverage" has the same meaning as defined in § 56-7-109 ; (3) "Health insurance entity" means an entity subject to the insurance laws of this state, or subject to the jurisdiction of the commissioner of commerce and insurance, that contracts or offers to contract to provide health insurance coverage, including, but not limited to, an insurance company, a health maintenance organization, and a nonprofit hospital and medical service corporation; (4) "Healthcare facility": (A) Means an institution, place, or building providing healthcare services that is required to be licensed under title 68, chapter 11; and (B) Excludes emergency room and in-patient services provided at a hospital, as defined in § 68-11-201 ; (5) "Healthcare service" means a service for the diagnosis, prevention, treatment, cure, or relief of a health condition, illness, injury, or disease; (6) "Minor" means an individual who has not attained eighteen (18) years of age; (7) "Policyholder" means an individual who has contracted with a health insurance entity for healthcare services coverage; and (8) "Provider" means an individual or entity performing services regulated pursuant to this title or title 68, chapter 11, with whom the health insurance entity has an express and valid network provider agreement or contract. (b) Except as provided in subsection (d), a provider shall notify a patient of communication between the provider and a health insurance entity or healthcare facility concerning additional information needed to process a prior authorization request for the patient within five (5) business days after the communication has occurred. The notification must include a brief summary of the communication or a copy of the communication. (c) The provider shall notify the patient via electronic means, such as by email or through an online patient portal offered by the provider, unless the patient requests, in writing, an alternative notification method. (d) If the patient is a minor, then the provider must notify the policyholder whose health insurance coverage covers the minor. (e) This section does not apply to the TennCare program or a successor to the program provided for in the Medical Assistance Act of 1968, compiled in title 71, chapter 5, or to the CoverKids Act of 2006, compiled in title 71, chapter 3, part 11 or a successor program. Added by 2022 Tenn. Acts, ch. 664, s 5, eff. 1/1/2023.
(a) As used in this section: (1) "Communication" means written or electronic correspondence among a healthcare facility, health insurance entity, or provider concerning a prior authorization; (2) "Health insurance coverage" has the same meaning as defined in § 56-7-109 ; (3) "Health insurance entity" means an entity subject to the insurance laws of this state, or subject to the jurisdiction of the commissioner of commerce and insurance, that contracts or offers to contract to provide health insurance coverage, including, but not limited to, an insurance company, a health maintenance organization, and a nonprofit hospital and medical service corporation; (4) "Healthcare facility": (A) Means an institution, place, or building providing healthcare services that is required to be licensed under title 68, chapter 11; and (B) Excludes emergency room and in-patient services provided at a hospital, as defined in § 68-11-201 ; (5) "Healthcare service" means a service for the diagnosis, prevention, treatment, cure, or relief of a health condition, illness, injury, or disease; (6) "Minor" means an individual who has not attained eighteen (18) years of age; (7) "Policyholder" means an individual who has contracted with a health insurance entity for healthcare services coverage; and (8) "Provider" means an individual or entity performing services regulated pursuant to this title or title 68, chapter 11, with whom the health insurance entity has an express and valid network provider agreement or contract.
(1) "Communication" means written or electronic correspondence among a healthcare facility, health insurance entity, or provider concerning a prior authorization;
(2) "Health insurance coverage" has the same meaning as defined in § 56-7-109 ;
(3) "Health insurance entity" means an entity subject to the insurance laws of this state, or subject to the jurisdiction of the commissioner of commerce and insurance, that contracts or offers to contract to provide health insurance coverage, including, but not limited to, an insurance company, a health maintenance organization, and a nonprofit hospital and medical service corporation;
(4) "Healthcare facility": (A) Means an institution, place, or building providing healthcare services that is required to be licensed under title 68, chapter 11; and (B) Excludes emergency room and in-patient services provided at a hospital, as defined in § 68-11-201 ;
(A) Means an institution, place, or building providing healthcare services that is required to be licensed under title 68, chapter 11; and
(B) Excludes emergency room and in-patient services provided at a hospital, as defined in § 68-11-201 ;
(5) "Healthcare service" means a service for the diagnosis, prevention, treatment, cure, or relief of a health condition, illness, injury, or disease;
(6) "Minor" means an individual who has not attained eighteen (18) years of age;
(7) "Policyholder" means an individual who has contracted with a health insurance entity for healthcare services coverage; and
(8) "Provider" means an individual or entity performing services regulated pursuant to this title or title 68, chapter 11, with whom the health insurance entity has an express and valid network provider agreement or contract.
(b) Except as provided in subsection (d), a provider shall notify a patient of communication between the provider and a health insurance entity or healthcare facility concerning additional information needed to process a prior authorization request for the patient within five (5) business days after the communication has occurred. The notification must include a brief summary of the communication or a copy of the communication.
(c) The provider shall notify the patient via electronic means, such as by email or through an online patient portal offered by the provider, unless the patient requests, in writing, an alternative notification method.
(d) If the patient is a minor, then the provider must notify the policyholder whose health insurance coverage covers the minor.
(e) This section does not apply to the TennCare program or a successor to the program provided for in the Medical Assistance Act of 1968, compiled in title 71, chapter 5, or to the CoverKids Act of 2006, compiled in title 71, chapter 3, part 11 or a successor program.
Added by 2022 Tenn. Acts, ch. 664, s 5, eff. 1/1/2023.
Tenn. Code Ann. § 63-3-208 — TN Code / Title 63 / Chapter 3 / Section 63-3-208
Interpretation of part
Status: in_force

(a) Nothing in this part or in the rules adopted by the board pursuant to this part shall be interpreted to limit or restrict a health care practitioner licensed under this title from engaging in the full scope of practice of such person's profession, training or services. Nothing in this part or in the rules adopted by the board pursuant to this part shall be interpreted or permitted to limit or restrict individuals acting under the supervision and control of a pharmacist or pharmacy licensed under this title or home medical equipment provider licensed under title 68 from measuring, fitting or adjusting any non-custom-fabricated and fitted device, including, but not limited to, over-the-counter or off-the-shelf devices, so long as such individual does not create a cast, mold or scan of a part of the human body for the purpose of constructing a medical device to treat a patient's medical condition and so long as such individual meets one (1) of the following criteria for such device: (1) Documented training from a manufacturer or training from a licensed or certified orthotist, prosthetist or pedorthist; (2) Certification or registration as a fitter of orthotic, prosthetic or pedorthic devices from a nationally recognized board or association such as the Board for Orthotist/Prosthetist Certification (BOC), the Board of Certification for Pedorthists, the National Community Pharmacists Association (NCPA) or the American Board for Certification in Orthotics and Prosthetics (ABC); or (3) Direct supervision by a trained and experienced, or certified or registered, fitter of orthotic, prosthetic or pedorthic devices. (b) Nothing in this part or in the rules adopted by the board pursuant to this part shall be interpreted or permitted to limit or restrict individuals acting under the supervision and control of a pharmacist or pharmacy licensed under this title or home medical equipment provider licensed under title 68 from measuring, fitting or adjusting any non-custom-fabricated and fitted pedorthic devices, including, but not limited to, diabetic shoes, so long as such individual meets the criteria of either subdivision (a)(2) or (a)(3) and so long as the individual does not create a cast, mold or scan of a part of the human body for the purpose of constructing a medical device to treat a patient's medical problem. Acts 2005, ch. 380, § 1.
(a) Nothing in this part or in the rules adopted by the board pursuant to this part shall be interpreted to limit or restrict a health care practitioner licensed under this title from engaging in the full scope of practice of such person's profession, training or services. Nothing in this part or in the rules adopted by the board pursuant to this part shall be interpreted or permitted to limit or restrict individuals acting under the supervision and control of a pharmacist or pharmacy licensed under this title or home medical equipment provider licensed under title 68 from measuring, fitting or adjusting any non-custom-fabricated and fitted device, including, but not limited to, over-the-counter or off-the-shelf devices, so long as such individual does not create a cast, mold or scan of a part of the human body for the purpose of constructing a medical device to treat a patient's medical condition and so long as such individual meets one (1) of the following criteria for such device: (1) Documented training from a manufacturer or training from a licensed or certified orthotist, prosthetist or pedorthist; (2) Certification or registration as a fitter of orthotic, prosthetic or pedorthic devices from a nationally recognized board or association such as the Board for Orthotist/Prosthetist Certification (BOC), the Board of Certification for Pedorthists, the National Community Pharmacists Association (NCPA) or the American Board for Certification in Orthotics and Prosthetics (ABC); or (3) Direct supervision by a trained and experienced, or certified or registered, fitter of orthotic, prosthetic or pedorthic devices.
(1) Documented training from a manufacturer or training from a licensed or certified orthotist, prosthetist or pedorthist;
(2) Certification or registration as a fitter of orthotic, prosthetic or pedorthic devices from a nationally recognized board or association such as the Board for Orthotist/Prosthetist Certification (BOC), the Board of Certification for Pedorthists, the National Community Pharmacists Association (NCPA) or the American Board for Certification in Orthotics and Prosthetics (ABC); or
(3) Direct supervision by a trained and experienced, or certified or registered, fitter of orthotic, prosthetic or pedorthic devices.
(b) Nothing in this part or in the rules adopted by the board pursuant to this part shall be interpreted or permitted to limit or restrict individuals acting under the supervision and control of a pharmacist or pharmacy licensed under this title or home medical equipment provider licensed under title 68 from measuring, fitting or adjusting any non-custom-fabricated and fitted pedorthic devices, including, but not limited to, diabetic shoes, so long as such individual meets the criteria of either subdivision (a)(2) or (a)(3) and so long as the individual does not create a cast, mold or scan of a part of the human body for the purpose of constructing a medical device to treat a patient's medical problem.
Acts 2005, ch. 380, § 1.
Tenn. Code Ann. § 63-5-121 — TN Code / Title 63 / Chapter 5 / Section 63-5-121
Dental practice to be owned by dentist - Exception for death or disability
Status: in_force

(a) Except where dental services are regularly made available to employees by their employer or where dental services are being provided by an official agency of the state government or any subdivision, any nonprofit organization or hospital, it is unlawful: (1) For any licensed dentist to practice dentistry as an employee of any person or other entity not engaged primarily in the practice of dentistry; or (2) For an owner of an active dental practice to be other than a dentist duly licensed to practice in this state. (b) In the event that a dentist is deceased or becomes substantially disabled, the estate or agent of such dentist may employ another dentist or dentists for a period of not more than two (2) years to provide services to patients until the practice can be sold or otherwise disposed of or closed. (c) (1) Nothing in this section shall be construed to prohibit a charitable clinic from employing or contracting with a dentist; provided, that the contractual relationship between the dentist and the charitable clinic is evidenced by a written contract, job description, or documentation, containing language that does not restrict the dentist from exercising independent professional judgment in diagnosing and treating patients. (2) For the purposes of this subsection (c), the term "charitable clinic" means an entity that meets the following standards: (A) Has received a determination of exemption from the internal revenue service under 26 U.S.C. § 501(c)(3) or is a distinct part of an entity that has received such a determination of exemption; (B) Has clinical facilities located in this state; (C) Has a primary mission to provide health care or dental care services to low-income, uninsured, or underserved individuals; (D) Provides one or more of the following services for free or at a discounted rate: (i) Medical care; (ii) Dental care; (iii) Mental health care; or (iv) Prescription medications; (E) Utilizes volunteer healthcare professionals and nonclinical volunteers; and (F) Is not required to be licensed under § 68-11-202(a)(1) . Amended by 2016 Tenn. Acts, ch. 766, s 1, eff. 4/19/2016. Acts 1957, ch. 32, § 22; 1981, ch. 99, § 12; T.C.A., §63-550; Acts 2002, ch. 771, §§ 9, 10.
(a) Except where dental services are regularly made available to employees by their employer or where dental services are being provided by an official agency of the state government or any subdivision, any nonprofit organization or hospital, it is unlawful: (1) For any licensed dentist to practice dentistry as an employee of any person or other entity not engaged primarily in the practice of dentistry; or (2) For an owner of an active dental practice to be other than a dentist duly licensed to practice in this state.
(1) For any licensed dentist to practice dentistry as an employee of any person or other entity not engaged primarily in the practice of dentistry; or
(2) For an owner of an active dental practice to be other than a dentist duly licensed to practice in this state.
(b) In the event that a dentist is deceased or becomes substantially disabled, the estate or agent of such dentist may employ another dentist or dentists for a period of not more than two (2) years to provide services to patients until the practice can be sold or otherwise disposed of or closed.
(c) (1) Nothing in this section shall be construed to prohibit a charitable clinic from employing or contracting with a dentist; provided, that the contractual relationship between the dentist and the charitable clinic is evidenced by a written contract, job description, or documentation, containing language that does not restrict the dentist from exercising independent professional judgment in diagnosing and treating patients. (2) For the purposes of this subsection (c), the term "charitable clinic" means an entity that meets the following standards: (A) Has received a determination of exemption from the internal revenue service under 26 U.S.C. § 501(c)(3) or is a distinct part of an entity that has received such a determination of exemption; (B) Has clinical facilities located in this state; (C) Has a primary mission to provide health care or dental care services to low-income, uninsured, or underserved individuals; (D) Provides one or more of the following services for free or at a discounted rate: (i) Medical care; (ii) Dental care; (iii) Mental health care; or (iv) Prescription medications; (E) Utilizes volunteer healthcare professionals and nonclinical volunteers; and (F) Is not required to be licensed under § 68-11-202(a)(1) .
(1) Nothing in this section shall be construed to prohibit a charitable clinic from employing or contracting with a dentist; provided, that the contractual relationship between the dentist and the charitable clinic is evidenced by a written contract, job description, or documentation, containing language that does not restrict the dentist from exercising independent professional judgment in diagnosing and treating patients.
(2) For the purposes of this subsection (c), the term "charitable clinic" means an entity that meets the following standards: (A) Has received a determination of exemption from the internal revenue service under 26 U.S.C. § 501(c)(3) or is a distinct part of an entity that has received such a determination of exemption; (B) Has clinical facilities located in this state; (C) Has a primary mission to provide health care or dental care services to low-income, uninsured, or underserved individuals; (D) Provides one or more of the following services for free or at a discounted rate: (i) Medical care; (ii) Dental care; (iii) Mental health care; or (iv) Prescription medications; (E) Utilizes volunteer healthcare professionals and nonclinical volunteers; and (F) Is not required to be licensed under § 68-11-202(a)(1) .
(A) Has received a determination of exemption from the internal revenue service under 26 U.S.C. § 501(c)(3) or is a distinct part of an entity that has received such a determination of exemption;
(B) Has clinical facilities located in this state;
(C) Has a primary mission to provide health care or dental care services to low-income, uninsured, or underserved individuals;
(D) Provides one or more of the following services for free or at a discounted rate: (i) Medical care; (ii) Dental care; (iii) Mental health care; or (iv) Prescription medications;
(i) Medical care;
(ii) Dental care;
(iii) Mental health care; or
(iv) Prescription medications;
(E) Utilizes volunteer healthcare professionals and nonclinical volunteers; and
(F) Is not required to be licensed under § 68-11-202(a)(1) .
Amended by 2016 Tenn. Acts, ch. 766, s 1, eff. 4/19/2016.
Acts 1957, ch. 32, § 22; 1981, ch. 99, § 12; T.C.A., §63-550; Acts 2002, ch. 771, §§ 9, 10.
Tenn. Code Ann. § 63-19-207 — TN Code / Title 63 / Chapter 19 / Section 63-19-207
Unauthorized utilization of services
Status: in_force

When a licensed orthopedic physician or surgeon utilizes the services of a licensed orthopedic physician assistant inconsistent with this part, it shall constitute grounds for a finding of unprofessional conduct, and the physician shall be subject to disciplinary action by the board of medical examiners. Such disciplinary action may include, but is not limited to, the suspension of privileges to utilize a licensed orthopedic physician assistant or the revocation or suspension of the license of the orthopedic physician or surgeon. Acts 1995, ch. 337, § 9; 1997 , ch. 207, § 5.
When a licensed orthopedic physician or surgeon utilizes the services of a licensed orthopedic physician assistant inconsistent with this part, it shall constitute grounds for a finding of unprofessional conduct, and the physician shall be subject to disciplinary action by the board of medical examiners. Such disciplinary action may include, but is not limited to, the suspension of privileges to utilize a licensed orthopedic physician assistant or the revocation or suspension of the license of the orthopedic physician or surgeon.
Acts 1995, ch. 337, § 9; 1997 , ch. 207, § 5.
Tenn. Code Ann. § 63-10-308 — TN Code / Title 63 / Chapter 10 / Section 63-10-308
Enforcement of pharmaceutical laws - Promulgation of rules
Status: in_force

(a) The board shall enforce laws in this state relating to the practice of pharmacy; the manufacture, distribution, and sale of drugs; the medication use process, including, but not limited to, compounding, selection, preparation, production, dispensing, and distribution; patient administration; and the education and monitoring of drugs, devices, chemicals, and poisons. (b) The division of health related boards shall employ the necessary administrative and clerical staff and investigators who are pharmacists to carry out the board's duty to enforce pharmaceutical laws. The pharmacist investigators may conduct inspections of pharmacies and other sites where drugs, medicines, chemicals, pharmaceuticals, or poisons are manufactured, stored, sold, dispensed, distributed, or administered and shall conduct investigations of a board licensee. The pharmacist investigators may also assist in inspections and investigations undertaken by other health related boards attached to the division, and investigators assigned to these other health related boards may assist pharmacist investigators as appropriate. (c) The board shall promulgate rules: (1) To establish minimum standards and conditions for the operation of a pharmacy; (2) Regarding the practice of pharmacy in this state to protect the health and welfare of the citizens of this state; (3) Regarding professional conduct appropriate to the establishment and maintenance of a high standard of integrity and dignity in the profession of pharmacy; (4) To set minimum standards and conditions for receiving, preparing, maintaining, transferring, and dispensing of prescription orders; and (5) To ensure that persons who are blind, visually impaired, or otherwise print disabled have appropriate access to prescription labels, bag tags, and medical guides. (d) (1) The board shall: (A) Keep a record of the board's meetings and other proceedings; (B) Issue and maintain a register of all persons who have been issued licenses and who have had their licenses renewed; and (C) Maintain a register of pharmacists who have been designated as a pharmacist-in-charge. (2) The board may maintain a register of pharmacy technicians as necessary to maintain public welfare. (e) (1) The board may petition a circuit or chancery court having jurisdiction over persons who practice pharmacy in this state without a valid license or who have violated the provisions of parts 2-7 of this chapter or rules promulgated by the board to enjoin a person from continuing to practice in this state. (2) The executive director may issue subpoenas for witnesses and records and to administer oaths to witnesses. (f) (1) Board members may join professional organizations and associations organized to promote the improvement of the standards of the practice of pharmacy for the protection of the health and welfare of the public. (2) The board may authorize, subject to the approval of the commissioner, administrative and investigative personnel and board members to attend local, state, regional, and national meetings. All reimbursement for travel expenses directly incurred as a result of attending such meetings shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. (g) The board shall: (1) Regularly notify licensed pharmacists of changes that are implemented or enforced by the board that affect the licensees resulting from newly promulgated rules, amended statutes, and adopted policies and guidelines; (2) Establish and publish on its website the statutes, rules, policies, and guidelines that are implemented or enforced by the board and that affect licensees; and (3) Require licensees to maintain a copy of the board of pharmacy statutes, rules, policies, and guidelines at the location in which they practice pharmacy. (h) The board may issue advisory private letter rulings to any affected licensee making a request for a ruling regarding matters within the board's jurisdiction. The private letter ruling affects only the licensee making the inquiry and has no precedential value for any other inquiry or future contested case to come before the board. The board may resolve a dispute regarding a private letter ruling pursuant to declaratory orders under § 4-5-223 . Amended by 2023 Tenn. Acts, ch. 457, s 1, eff. 7/1/2023. Acts 1996, ch. 651, § 16; T.C.A. § 63-10-508 ; Acts 2007 , ch. 407, § 20.
(a) The board shall enforce laws in this state relating to the practice of pharmacy; the manufacture, distribution, and sale of drugs; the medication use process, including, but not limited to, compounding, selection, preparation, production, dispensing, and distribution; patient administration; and the education and monitoring of drugs, devices, chemicals, and poisons.
(b) The division of health related boards shall employ the necessary administrative and clerical staff and investigators who are pharmacists to carry out the board's duty to enforce pharmaceutical laws. The pharmacist investigators may conduct inspections of pharmacies and other sites where drugs, medicines, chemicals, pharmaceuticals, or poisons are manufactured, stored, sold, dispensed, distributed, or administered and shall conduct investigations of a board licensee. The pharmacist investigators may also assist in inspections and investigations undertaken by other health related boards attached to the division, and investigators assigned to these other health related boards may assist pharmacist investigators as appropriate.
(c) The board shall promulgate rules: (1) To establish minimum standards and conditions for the operation of a pharmacy; (2) Regarding the practice of pharmacy in this state to protect the health and welfare of the citizens of this state; (3) Regarding professional conduct appropriate to the establishment and maintenance of a high standard of integrity and dignity in the profession of pharmacy; (4) To set minimum standards and conditions for receiving, preparing, maintaining, transferring, and dispensing of prescription orders; and (5) To ensure that persons who are blind, visually impaired, or otherwise print disabled have appropriate access to prescription labels, bag tags, and medical guides.
(1) To establish minimum standards and conditions for the operation of a pharmacy;
(2) Regarding the practice of pharmacy in this state to protect the health and welfare of the citizens of this state;
(3) Regarding professional conduct appropriate to the establishment and maintenance of a high standard of integrity and dignity in the profession of pharmacy;
(4) To set minimum standards and conditions for receiving, preparing, maintaining, transferring, and dispensing of prescription orders; and
(5) To ensure that persons who are blind, visually impaired, or otherwise print disabled have appropriate access to prescription labels, bag tags, and medical guides.
(d) (1) The board shall: (A) Keep a record of the board's meetings and other proceedings; (B) Issue and maintain a register of all persons who have been issued licenses and who have had their licenses renewed; and (C) Maintain a register of pharmacists who have been designated as a pharmacist-in-charge. (2) The board may maintain a register of pharmacy technicians as necessary to maintain public welfare.
(1) The board shall: (A) Keep a record of the board's meetings and other proceedings; (B) Issue and maintain a register of all persons who have been issued licenses and who have had their licenses renewed; and (C) Maintain a register of pharmacists who have been designated as a pharmacist-in-charge.
(A) Keep a record of the board's meetings and other proceedings;
(B) Issue and maintain a register of all persons who have been issued licenses and who have had their licenses renewed; and
(C) Maintain a register of pharmacists who have been designated as a pharmacist-in-charge.
(2) The board may maintain a register of pharmacy technicians as necessary to maintain public welfare.
(e) (1) The board may petition a circuit or chancery court having jurisdiction over persons who practice pharmacy in this state without a valid license or who have violated the provisions of parts 2-7 of this chapter or rules promulgated by the board to enjoin a person from continuing to practice in this state. (2) The executive director may issue subpoenas for witnesses and records and to administer oaths to witnesses.
(1) The board may petition a circuit or chancery court having jurisdiction over persons who practice pharmacy in this state without a valid license or who have violated the provisions of parts 2-7 of this chapter or rules promulgated by the board to enjoin a person from continuing to practice in this state.
(2) The executive director may issue subpoenas for witnesses and records and to administer oaths to witnesses.
(f) (1) Board members may join professional organizations and associations organized to promote the improvement of the standards of the practice of pharmacy for the protection of the health and welfare of the public. (2) The board may authorize, subject to the approval of the commissioner, administrative and investigative personnel and board members to attend local, state, regional, and national meetings. All reimbursement for travel expenses directly incurred as a result of attending such meetings shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(1) Board members may join professional organizations and associations organized to promote the improvement of the standards of the practice of pharmacy for the protection of the health and welfare of the public.
(2) The board may authorize, subject to the approval of the commissioner, administrative and investigative personnel and board members to attend local, state, regional, and national meetings. All reimbursement for travel expenses directly incurred as a result of attending such meetings shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(g) The board shall: (1) Regularly notify licensed pharmacists of changes that are implemented or enforced by the board that affect the licensees resulting from newly promulgated rules, amended statutes, and adopted policies and guidelines; (2) Establish and publish on its website the statutes, rules, policies, and guidelines that are implemented or enforced by the board and that affect licensees; and (3) Require licensees to maintain a copy of the board of pharmacy statutes, rules, policies, and guidelines at the location in which they practice pharmacy.
(1) Regularly notify licensed pharmacists of changes that are implemented or enforced by the board that affect the licensees resulting from newly promulgated rules, amended statutes, and adopted policies and guidelines;
(2) Establish and publish on its website the statutes, rules, policies, and guidelines that are implemented or enforced by the board and that affect licensees; and
(3) Require licensees to maintain a copy of the board of pharmacy statutes, rules, policies, and guidelines at the location in which they practice pharmacy.
(h) The board may issue advisory private letter rulings to any affected licensee making a request for a ruling regarding matters within the board's jurisdiction. The private letter ruling affects only the licensee making the inquiry and has no precedential value for any other inquiry or future contested case to come before the board. The board may resolve a dispute regarding a private letter ruling pursuant to declaratory orders under § 4-5-223 .
Amended by 2023 Tenn. Acts, ch. 457, s 1, eff. 7/1/2023.
Acts 1996, ch. 651, § 16; T.C.A. § 63-10-508 ; Acts 2007 , ch. 407, § 20.
Tenn. Code Ann. § 63-9-116 — TN Code / Title 63 / Chapter 9 / Section 63-9-116
Drug prescriptions
Status: in_force

(a) Any handwritten prescription order for a drug prepared by an osteopathic physician who is authorized by law to prescribe a drug must be legible so that it is comprehensible by the pharmacist who fills the prescription. The handwritten prescription order must contain the name of the prescribing osteopathic physician, the name and strength of the drug prescribed, the quantity of the drug prescribed, handwritten in letters or in numerals, instructions for the proper use of the drug and the month and day that the prescription order was issued, recorded in letters or in numerals or a combination thereof. The prescribing osteopathic physician must sign the handwritten prescription order on the day it is issued, unless the prescription order is: (1) Issued as a standing order in a hospital, a nursing home or an assisted care living facility as defined in § 68-11-201 ; or (2) Prescribed by an osteopathic physician in the department of health or local health departments or dispensed by the department of health or a local health department as stipulated in § 63-10-205 . (b) Any typed or computer-generated prescription order for a drug issued by an osteopathic physician who is authorized by law to prescribe a drug must be legible so that it is comprehensible by the pharmacist who fills the prescription order. The typed or computer-generated prescription order must contain the name of the prescribing osteopathic physician, the name and strength of the drug prescribed, the quantity of the drug prescribed, recorded in letters or in numerals, instructions for the proper use of the drug and the month and day that the typed or computer-generated prescription order was issued, recorded in letters or in numerals or a combination thereof. The prescribing osteopathic physician must sign the typed or computer-generated prescription order on the day it is issued, unless the prescription order is: (1) Issued as a standing order in a hospital, nursing home or an assisted care living facility as defined in § 68-11-201 ; or (2) Prescribed by an osteopathic physician in the department of health or local health departments or dispensed by the department of health or a local health department as stipulated in § 63-10-205 . (c) Nothing in this section shall be construed to prevent an osteopathic physician from issuing a verbal prescription order. (d) (1) All handwritten, typed or computer-generated prescription orders must be issued on either tamper-resistant prescription paper or printed utilizing a technology that results in a tamper-resistant prescription that meets the current centers for medicare and medicaid service guidance to state medicaid directors regarding § 7002(b) of the United States Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act of 2007, P.L. 110-28, and meets or exceeds specific TennCare requirements for tamper-resistant prescriptions. (2) Subdivision (d)(1) shall not apply to prescriptions written for inpatients of a hospital, outpatients of a hospital where the doctor or other person authorized to write prescriptions writes the order into the hospital medical record and then the order is given directly to the hospital pharmacy and the patient never has the opportunity to handle the written order, a nursing home or an assisted care living facility as defined in § 68-11-201 or inpatients or residents of a mental health hospital or residential facility licensed under title 33 or individuals incarcerated in a local, state or federal correctional facility. Amended by 2013 Tenn. Acts, ch. 74,s 7, eff. 4/1/2013. Acts 2004, ch. 678, § 7; 2005, ch. 12, §6; 2008 , ch. 1035, §§7, 9; 2010 , ch. 795, § 16.
(a) Any handwritten prescription order for a drug prepared by an osteopathic physician who is authorized by law to prescribe a drug must be legible so that it is comprehensible by the pharmacist who fills the prescription. The handwritten prescription order must contain the name of the prescribing osteopathic physician, the name and strength of the drug prescribed, the quantity of the drug prescribed, handwritten in letters or in numerals, instructions for the proper use of the drug and the month and day that the prescription order was issued, recorded in letters or in numerals or a combination thereof. The prescribing osteopathic physician must sign the handwritten prescription order on the day it is issued, unless the prescription order is: (1) Issued as a standing order in a hospital, a nursing home or an assisted care living facility as defined in § 68-11-201 ; or (2) Prescribed by an osteopathic physician in the department of health or local health departments or dispensed by the department of health or a local health department as stipulated in § 63-10-205 .
(1) Issued as a standing order in a hospital, a nursing home or an assisted care living facility as defined in § 68-11-201 ; or
(2) Prescribed by an osteopathic physician in the department of health or local health departments or dispensed by the department of health or a local health department as stipulated in § 63-10-205 .
(b) Any typed or computer-generated prescription order for a drug issued by an osteopathic physician who is authorized by law to prescribe a drug must be legible so that it is comprehensible by the pharmacist who fills the prescription order. The typed or computer-generated prescription order must contain the name of the prescribing osteopathic physician, the name and strength of the drug prescribed, the quantity of the drug prescribed, recorded in letters or in numerals, instructions for the proper use of the drug and the month and day that the typed or computer-generated prescription order was issued, recorded in letters or in numerals or a combination thereof. The prescribing osteopathic physician must sign the typed or computer-generated prescription order on the day it is issued, unless the prescription order is: (1) Issued as a standing order in a hospital, nursing home or an assisted care living facility as defined in § 68-11-201 ; or (2) Prescribed by an osteopathic physician in the department of health or local health departments or dispensed by the department of health or a local health department as stipulated in § 63-10-205 .
(1) Issued as a standing order in a hospital, nursing home or an assisted care living facility as defined in § 68-11-201 ; or
(2) Prescribed by an osteopathic physician in the department of health or local health departments or dispensed by the department of health or a local health department as stipulated in § 63-10-205 .
(c) Nothing in this section shall be construed to prevent an osteopathic physician from issuing a verbal prescription order.
(d) (1) All handwritten, typed or computer-generated prescription orders must be issued on either tamper-resistant prescription paper or printed utilizing a technology that results in a tamper-resistant prescription that meets the current centers for medicare and medicaid service guidance to state medicaid directors regarding § 7002(b) of the United States Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act of 2007, P.L. 110-28, and meets or exceeds specific TennCare requirements for tamper-resistant prescriptions. (2) Subdivision (d)(1) shall not apply to prescriptions written for inpatients of a hospital, outpatients of a hospital where the doctor or other person authorized to write prescriptions writes the order into the hospital medical record and then the order is given directly to the hospital pharmacy and the patient never has the opportunity to handle the written order, a nursing home or an assisted care living facility as defined in § 68-11-201 or inpatients or residents of a mental health hospital or residential facility licensed under title 33 or individuals incarcerated in a local, state or federal correctional facility.
(1) All handwritten, typed or computer-generated prescription orders must be issued on either tamper-resistant prescription paper or printed utilizing a technology that results in a tamper-resistant prescription that meets the current centers for medicare and medicaid service guidance to state medicaid directors regarding § 7002(b) of the United States Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act of 2007, P.L. 110-28, and meets or exceeds specific TennCare requirements for tamper-resistant prescriptions.
(2) Subdivision (d)(1) shall not apply to prescriptions written for inpatients of a hospital, outpatients of a hospital where the doctor or other person authorized to write prescriptions writes the order into the hospital medical record and then the order is given directly to the hospital pharmacy and the patient never has the opportunity to handle the written order, a nursing home or an assisted care living facility as defined in § 68-11-201 or inpatients or residents of a mental health hospital or residential facility licensed under title 33 or individuals incarcerated in a local, state or federal correctional facility.
Amended by 2013 Tenn. Acts, ch. 74,s 7, eff. 4/1/2013.
Acts 2004, ch. 678, § 7; 2005, ch. 12, §6; 2008 , ch. 1035, §§7, 9; 2010 , ch. 795, § 16.
Tenn. Code Ann. § 63-10-502 — TN Code / Title 63 / Chapter 10 / Section 63-10-502
Part definitions
Status: in_force

As used in this part: (1) "Anti-rejection drug" means a prescription drug that suppresses the immune system to prevent or reverse rejection of a transplanted organ; (2) "Board" means the board of pharmacy; (3) "Cancer drug" means a prescription drug that is used to treat: (A) Cancer or the side effects of cancer; or (B) The side effects of a prescription drug that is used to treat cancer or the side effects of cancer; (4) "Controlled substance" has the same meaning as defined in § 39-17-402 ; (5) "Department" means the department of health; (6) "Donor" means any of the following that donates prescription drugs to a repository program approved pursuant to this part: (A) A person; (B) A pharmacy; (C) A medical facility; (D) A drug manufacturer or wholesaler licensed by the board; or (E) A prison or government entity federally authorized to possess prescription drugs with a license or permit in good standing in the state in which the entity is located; (7) "Eligible individual" means an indigent, an uninsured person, or an underinsured person who meets the criteria for eligibility pursuant to this part; (8) "Indigent" means a person with an income that is below six hundred percent (600%) of the federal poverty level as defined by the most recently revised poverty income guidelines published by the United States department of health and human services; (9) "Medical facility" means: (A) A physician's office; (B) A hospital; (C) A health clinic; (D) A nonprofit health clinic, including a federally qualified health center as defined in 42 U.S.C. § 1396d(l)(2)(B) ; a rural health clinic, as defined in 42 U.S.C. § 1396d(l)(1) ; and a nonprofit health clinic that provides medical care to patients who are indigent, uninsured, or underinsured; (E) A free clinic as defined in § 63-6-703 ; (F) A charitable organization as defined in § 48-101-501 ; or (G) A nursing home as defined in § 68-11-201 ; (10) "Pharmacy" means a pharmacy as defined in § 63-10-204 ; (11) "Prescription drug": (A) Has the same meaning as defined in § 63-10-204 ; (B) Includes, but is not limited to, cancer drugs and anti-rejection drugs; and (C) Does not include: (i) Controlled substances; or (ii) Drugs covered by the risk evaluation and mitigation strategy program of the United States food and drug administration; (12) "Repository" means a pharmacy that: (A) Has a license or permit in good standing with the board; and (B) Meets the requirements established by § 63-10-503 ; (13) "Supplies" means the supplies necessary to administer the prescription drugs donated pursuant to this part; and (14) "Unopened tamper-evident packaging" has the same meaning as defined in United States Pharmacopeia (USP) General Chapter 659, Packaging and Storage Requirements. Added by 2023 Tenn. Acts, ch. 200, s 1, eff. 1/1/2024.
As used in this part:
(1) "Anti-rejection drug" means a prescription drug that suppresses the immune system to prevent or reverse rejection of a transplanted organ;
(2) "Board" means the board of pharmacy;
(3) "Cancer drug" means a prescription drug that is used to treat: (A) Cancer or the side effects of cancer; or (B) The side effects of a prescription drug that is used to treat cancer or the side effects of cancer;
(A) Cancer or the side effects of cancer; or
(B) The side effects of a prescription drug that is used to treat cancer or the side effects of cancer;
(4) "Controlled substance" has the same meaning as defined in § 39-17-402 ;
(5) "Department" means the department of health;
(6) "Donor" means any of the following that donates prescription drugs to a repository program approved pursuant to this part: (A) A person; (B) A pharmacy; (C) A medical facility; (D) A drug manufacturer or wholesaler licensed by the board; or (E) A prison or government entity federally authorized to possess prescription drugs with a license or permit in good standing in the state in which the entity is located;
(A) A person;
(B) A pharmacy;
(C) A medical facility;
(D) A drug manufacturer or wholesaler licensed by the board; or
(E) A prison or government entity federally authorized to possess prescription drugs with a license or permit in good standing in the state in which the entity is located;
(7) "Eligible individual" means an indigent, an uninsured person, or an underinsured person who meets the criteria for eligibility pursuant to this part;
(8) "Indigent" means a person with an income that is below six hundred percent (600%) of the federal poverty level as defined by the most recently revised poverty income guidelines published by the United States department of health and human services;
(9) "Medical facility" means: (A) A physician's office; (B) A hospital; (C) A health clinic; (D) A nonprofit health clinic, including a federally qualified health center as defined in 42 U.S.C. § 1396d(l)(2)(B) ; a rural health clinic, as defined in 42 U.S.C. § 1396d(l)(1) ; and a nonprofit health clinic that provides medical care to patients who are indigent, uninsured, or underinsured; (E) A free clinic as defined in § 63-6-703 ; (F) A charitable organization as defined in § 48-101-501 ; or (G) A nursing home as defined in § 68-11-201 ;
(A) A physician's office;
(B) A hospital;
(C) A health clinic;
(D) A nonprofit health clinic, including a federally qualified health center as defined in 42 U.S.C. § 1396d(l)(2)(B) ; a rural health clinic, as defined in 42 U.S.C. § 1396d(l)(1) ; and a nonprofit health clinic that provides medical care to patients who are indigent, uninsured, or underinsured;
(E) A free clinic as defined in § 63-6-703 ;
(F) A charitable organization as defined in § 48-101-501 ; or
(G) A nursing home as defined in § 68-11-201 ;
(10) "Pharmacy" means a pharmacy as defined in § 63-10-204 ;
(11) "Prescription drug": (A) Has the same meaning as defined in § 63-10-204 ; (B) Includes, but is not limited to, cancer drugs and anti-rejection drugs; and (C) Does not include: (i) Controlled substances; or (ii) Drugs covered by the risk evaluation and mitigation strategy program of the United States food and drug administration;
(A) Has the same meaning as defined in § 63-10-204 ;
(B) Includes, but is not limited to, cancer drugs and anti-rejection drugs; and
(C) Does not include: (i) Controlled substances; or (ii) Drugs covered by the risk evaluation and mitigation strategy program of the United States food and drug administration;
(i) Controlled substances; or
(ii) Drugs covered by the risk evaluation and mitigation strategy program of the United States food and drug administration;
(12) "Repository" means a pharmacy that: (A) Has a license or permit in good standing with the board; and (B) Meets the requirements established by § 63-10-503 ;
(A) Has a license or permit in good standing with the board; and
(B) Meets the requirements established by § 63-10-503 ;
(13) "Supplies" means the supplies necessary to administer the prescription drugs donated pursuant to this part; and
(14) "Unopened tamper-evident packaging" has the same meaning as defined in United States Pharmacopeia (USP) General Chapter 659, Packaging and Storage Requirements.
Added by 2023 Tenn. Acts, ch. 200, s 1, eff. 1/1/2024.
Tenn. Code Ann. § 63-22-113 — TN Code / Title 63 / Chapter 22 / Section 63-22-113
Exemptions
Status: in_force

(a) This part does not apply to a person if the person is preparing for the practice of marital and family 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 "marital therapy intern," "family therapy trainee" or others clearly indicating such training status. (b) 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, attorneys at law or members of the clergy from doing or advertising that they perform the work of a marital and family therapy nature 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 certification from doing counseling consistent with the accepted standards of that profession. Acts 1984, ch. 933, § 14; 1985, ch. 77, § 6; 1990, ch. 760, § 1; 1991, ch. 141, § 14; 1991, ch. 421, § 18; 1992, ch. 830, § 2; 2001, ch. 334, § 13; 2009 , ch. 186, § 8.
(a) This part does not apply to a person if the person is preparing for the practice of marital and family 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 "marital therapy intern," "family therapy trainee" or others clearly indicating such training status.
(b) 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, attorneys at law or members of the clergy from doing or advertising that they perform the work of a marital and family therapy nature 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 certification from doing counseling consistent with the accepted standards of that profession.
Acts 1984, ch. 933, § 14; 1985, ch. 77, § 6; 1990, ch. 760, § 1; 1991, ch. 141, § 14; 1991, ch. 421, § 18; 1992, ch. 830, § 2; 2001, ch. 334, § 13; 2009 , ch. 186, § 8.
Tenn. Code Ann. § 63-1-143 — TN Code / Title 63 / Chapter 1 / Section 63-1-143
Notification of vacancy - Termination due to vacancy
Status: in_force

(a) Each board, commission, committee, agency or other governmental entity created pursuant to this title incurring a vacancy shall notify the appointing authority in writing within ninety (90) days after the vacancy. All vacancies, other than ex officio members, on any board, commission, committee, agency or other governmental entity created pursuant to this title shall be filled by the appointing authority within ninety (90) days of receiving written notice of the vacancy and sufficient information is provided for the appointing authority to make an informed decision in regard to filling such vacancy. If sufficient information has been provided and a board, commission, committee, agency or other governmental entity created pursuant to this title has more than one (1) vacancy that is more than one hundred eighty (180) days in duration, such board, commissioner, committee, agency or other governmental entity shall report to the house and senate government operations committees why such vacancies have not been filled. (b) If more than one-half (1/2) of the positions on any board, commission, committee, agency or other governmental entity created pursuant to this title are vacant for more than one hundred eighty (180) consecutive days, such board, commission, committee, agency or other governmental entity shall terminate. Such board, commission, committee, agency or other governmental entity shall wind up its affairs pursuant to § 4-29-112 . If a board, commission, committee, agency or other governmental entity created pursuant to this title is terminated pursuant to this subsection (b), it shall be reviewed by the evaluation committees pursuant to the Uniform Administrative Procedures Act, compiled at title 4, chapter 5, before ceasing all its activities. Nothing in this section shall prohibit the general assembly from continuing, restructuring, or reestablishing a board, commission, committee, agency or other governmental entity created pursuant to this title. Acts 2000, ch. 835, § 2.
(a) Each board, commission, committee, agency or other governmental entity created pursuant to this title incurring a vacancy shall notify the appointing authority in writing within ninety (90) days after the vacancy. All vacancies, other than ex officio members, on any board, commission, committee, agency or other governmental entity created pursuant to this title shall be filled by the appointing authority within ninety (90) days of receiving written notice of the vacancy and sufficient information is provided for the appointing authority to make an informed decision in regard to filling such vacancy. If sufficient information has been provided and a board, commission, committee, agency or other governmental entity created pursuant to this title has more than one (1) vacancy that is more than one hundred eighty (180) days in duration, such board, commissioner, committee, agency or other governmental entity shall report to the house and senate government operations committees why such vacancies have not been filled.
(b) If more than one-half (1/2) of the positions on any board, commission, committee, agency or other governmental entity created pursuant to this title are vacant for more than one hundred eighty (180) consecutive days, such board, commission, committee, agency or other governmental entity shall terminate. Such board, commission, committee, agency or other governmental entity shall wind up its affairs pursuant to § 4-29-112 . If a board, commission, committee, agency or other governmental entity created pursuant to this title is terminated pursuant to this subsection (b), it shall be reviewed by the evaluation committees pursuant to the Uniform Administrative Procedures Act, compiled at title 4, chapter 5, before ceasing all its activities. Nothing in this section shall prohibit the general assembly from continuing, restructuring, or reestablishing a board, commission, committee, agency or other governmental entity created pursuant to this title.
Acts 2000, ch. 835, § 2.
Tenn. Code Ann. § 63-6-801 — TN Code / Title 63 / Chapter 6 / Section 63-6-801
Short title
Status: in_force

This part shall be known and may be cited as the "Genetic Counselors' Licensing Act." Acts 2007 , ch. 366, § 1.
This part shall be known and may be cited as the "Genetic Counselors' Licensing Act."
Acts 2007 , ch. 366, § 1.
Tenn. Code Ann. § 63-10-211 — TN Code / Title 63 / Chapter 10 / Section 63-10-211
Consortia for bulk purchases authorized
Status: in_force

It is not a violation of any state law relative to restraint of trade, antitrust or any provision of the licensing laws for pharmacists, pharmacies, wholesalers, distributors or manufacturers under § 63-10-306 for pharmacists, independently or through any pharmacist or pharmacy, to form a consortium for the purpose of making bulk purchases of drugs or other medical equipment and supplies for the purpose of resale in their pharmacies. Acts 1997 , ch. 278, § 1; T.C.A. § 63-10-411.
It is not a violation of any state law relative to restraint of trade, antitrust or any provision of the licensing laws for pharmacists, pharmacies, wholesalers, distributors or manufacturers under § 63-10-306 for pharmacists, independently or through any pharmacist or pharmacy, to form a consortium for the purpose of making bulk purchases of drugs or other medical equipment and supplies for the purpose of resale in their pharmacies.
Acts 1997 , ch. 278, § 1; T.C.A. § 63-10-411.
Tenn. Code Ann. § 63-1-129 — TN Code / Title 63 / Chapter 1 / Section 63-1-129
Solicitation of accident and disaster victims by health care prescribers prohibited - Exceptions
Status: in_force

(a) Health care prescribers, their employees, agents, or independent contractors shall not conduct in-person solicitation, telemarketing, or telephonic solicitation of victims of an accident or disaster, for the purpose of marketing services of the healing arts related to the accident or disaster, unless: (1) The health care prescriber has a family or prior professional relationship with the victim; or (2) The solicitation is carried out more than thirty (30) days after the date of the accident or disaster. (b) Health care prescribers shall maintain: (1) Telemarketing transcripts for a period of two (2) years following their utilization; and (2) A log of contacts for a period of two (2) years following a telemarketing encounter. (c) This section does not prohibit solicitation by targeted direct-mail advertising or other forms of written, radio, or television advertising, as long as the advertising does not involve coercion, duress, or harassment and is not false, deceptive, or misleading. (d) (1) Any agreement to pay a health care prescriber for services that were rendered by the health care prescriber as a direct result of a violation of this section is void and unenforceable. No person may collect or pursue collection for any debt arising from such an agreement. (2) A patient or person who paid on behalf of a patient is entitled to a complete refund of any money paid for services that were rendered by a health care prescriber as a direct result of a violation of this section. (e) The division is authorized to petition any circuit or chancery court having jurisdiction to enjoin any person who is violating this section. No injunction bond shall be required of the division in such proceedings, and jurisdiction is conferred upon the circuit and chancery courts of this state to hear such cases. Acts 2018, ch. 638, § 1.
(a) Health care prescribers, their employees, agents, or independent contractors shall not conduct in-person solicitation, telemarketing, or telephonic solicitation of victims of an accident or disaster, for the purpose of marketing services of the healing arts related to the accident or disaster, unless: (1) The health care prescriber has a family or prior professional relationship with the victim; or (2) The solicitation is carried out more than thirty (30) days after the date of the accident or disaster.
(1) The health care prescriber has a family or prior professional relationship with the victim; or
(2) The solicitation is carried out more than thirty (30) days after the date of the accident or disaster.
(b) Health care prescribers shall maintain: (1) Telemarketing transcripts for a period of two (2) years following their utilization; and (2) A log of contacts for a period of two (2) years following a telemarketing encounter.
(1) Telemarketing transcripts for a period of two (2) years following their utilization; and
(2) A log of contacts for a period of two (2) years following a telemarketing encounter.
(c) This section does not prohibit solicitation by targeted direct-mail advertising or other forms of written, radio, or television advertising, as long as the advertising does not involve coercion, duress, or harassment and is not false, deceptive, or misleading.
(d) (1) Any agreement to pay a health care prescriber for services that were rendered by the health care prescriber as a direct result of a violation of this section is void and unenforceable. No person may collect or pursue collection for any debt arising from such an agreement. (2) A patient or person who paid on behalf of a patient is entitled to a complete refund of any money paid for services that were rendered by a health care prescriber as a direct result of a violation of this section.
(1) Any agreement to pay a health care prescriber for services that were rendered by the health care prescriber as a direct result of a violation of this section is void and unenforceable. No person may collect or pursue collection for any debt arising from such an agreement.
(2) A patient or person who paid on behalf of a patient is entitled to a complete refund of any money paid for services that were rendered by a health care prescriber as a direct result of a violation of this section.
(e) The division is authorized to petition any circuit or chancery court having jurisdiction to enjoin any person who is violating this section. No injunction bond shall be required of the division in such proceedings, and jurisdiction is conferred upon the circuit and chancery courts of this state to hear such cases.
Acts 2018, ch. 638, § 1.
Tenn. Code Ann. § 63-26-106 — TN Code / Title 63 / Chapter 26 / Section 63-26-106
Personnel
Status: in_force

Subject to appropriations for that purpose, the director of the division of health related boards shall employ and supervise all administrative personnel necessary to conduct the functions of this chapter. Acts 1988, ch. 896, § 8; 1993, ch. 342, § 1; T.C.A., §62-34-206; Acts 2009 , ch. 456, § 4.
Subject to appropriations for that purpose, the director of the division of health related boards shall employ and supervise all administrative personnel necessary to conduct the functions of this chapter.
Acts 1988, ch. 896, § 8; 1993, ch. 342, § 1; T.C.A., §62-34-206; Acts 2009 , ch. 456, § 4.
Tenn. Code Ann. § 63-3-209 — TN Code / Title 63 / Chapter 3 / Section 63-3-209
Construction of part
Status: in_force

Nothing in this part shall be construed to restrict: (1) The practice of orthotics, prosthetics or pedorthics by a person who is employed by the federal government or any bureau, division or agency of the federal government while in the discharge of the employee's official duties; (2) The practice of orthotics, prosthetics or pedorthics by: (A) A student enrolled in a school of orthotics, prosthetics or pedorthics; (B) A resident continuing such resident's clinical education in a residency accredited by the National Commission on Orthotic and Prosthetic Education; provided, that such person has first registered as a resident with the board; or (C) A student in a qualified work experience program or internship in pedorthics; or (3) The measuring, fitting or adjusting of an orthotic device by an employee or authorized representative of an orthosis manufacturer registered with the federal food and drug administration, when such employee or representative is supervised by a licensed health care professional authorized by law to prescribe, measure or fit such device, and the measuring, fitting or adjusting of such device occurs in the office of such licensed health care professional or in a health care facility. Amended by 2017 Tenn. Acts, ch. 167,s 1, eff. 7/1/2017. Acts 2005, ch. 380, § 1.
Nothing in this part shall be construed to restrict:
(1) The practice of orthotics, prosthetics or pedorthics by a person who is employed by the federal government or any bureau, division or agency of the federal government while in the discharge of the employee's official duties;
(2) The practice of orthotics, prosthetics or pedorthics by: (A) A student enrolled in a school of orthotics, prosthetics or pedorthics; (B) A resident continuing such resident's clinical education in a residency accredited by the National Commission on Orthotic and Prosthetic Education; provided, that such person has first registered as a resident with the board; or (C) A student in a qualified work experience program or internship in pedorthics; or
(A) A student enrolled in a school of orthotics, prosthetics or pedorthics;
(B) A resident continuing such resident's clinical education in a residency accredited by the National Commission on Orthotic and Prosthetic Education; provided, that such person has first registered as a resident with the board; or
(C) A student in a qualified work experience program or internship in pedorthics; or
(3) The measuring, fitting or adjusting of an orthotic device by an employee or authorized representative of an orthosis manufacturer registered with the federal food and drug administration, when such employee or representative is supervised by a licensed health care professional authorized by law to prescribe, measure or fit such device, and the measuring, fitting or adjusting of such device occurs in the office of such licensed health care professional or in a health care facility.
Amended by 2017 Tenn. Acts, ch. 167,s 1, eff. 7/1/2017.
Acts 2005, ch. 380, § 1.
Tenn. Code Ann. § 63-1-138 — TN Code / Title 63 / Chapter 1 / Section 63-1-138
Screening panels
Status: in_force

(a) The division and each board, committee or council established in this title that does not already have authority to utilize screening panels and the medical laboratory board, the board of alcohol and drug counselors and the Tennessee emergency medical services board as established in title 68 may utilize one (1) or more screening panels in their investigative and disciplinary process to assure that complaints filed and investigations conducted are meritorious and to act as a mechanism for diversion to professional peer review organizations and/or impaired professionals associations or foundations of those cases that the boards, through established guidelines, deem appropriate. (b) The activities of the screening panels and any mediation or arbitration sessions shall not be construed as meetings of an agency for purposes of the open meetings law, compiled in title 8, chapter 44, and shall remain confidential. The members of the screening panels, mediators and arbitrators have a deliberative privilege and the same immunity as provided by law for the boards and are not subject to deposition or subpoena to testify regarding any matter or issue raised in any contested case, criminal prosecution or civil lawsuit that may result from or be incident to cases processed before them. (c) The screening panel has the authority to administer oaths to witnesses. Any documents or records produced at the screening panel shall be exempt from the public records law, compiled in title 10, chapter 7, until there is a filing of a notice of charges and such documents or records form the basis for such filing of a notice of charges. (d) Members of a screening panel may be drawn from among the membership of the relevant board, or members may be appointed by the relevant board. Nonboard members shall meet the requirements of membership for the relevant board and may include a consumer member. A board member serving on a panel shall not participate in a contested case involving any matter heard by the panel. (e) Each screening panel shall be instructed as to the statutes, rules, regulations and philosophies of the relevant board as it pertains to disciplinary action and to the procedures to be followed by the panels. Each screening panel shall be provided a copy of Rule 31 of the Rules of the Tennessee Supreme Court for review by members of the screening panel for general guidance as to the principles of mediation and alternative dispute resolution. (f) A board does not have authority to compel any party to participate in a screening panel, and no prejudice will be incurred if the party chooses not to participate or to accept the offer of the screening panel. Acts 2001, ch. 322, § 1; 2005, ch. 234, § 1.
(a) The division and each board, committee or council established in this title that does not already have authority to utilize screening panels and the medical laboratory board, the board of alcohol and drug counselors and the Tennessee emergency medical services board as established in title 68 may utilize one (1) or more screening panels in their investigative and disciplinary process to assure that complaints filed and investigations conducted are meritorious and to act as a mechanism for diversion to professional peer review organizations and/or impaired professionals associations or foundations of those cases that the boards, through established guidelines, deem appropriate.
(b) The activities of the screening panels and any mediation or arbitration sessions shall not be construed as meetings of an agency for purposes of the open meetings law, compiled in title 8, chapter 44, and shall remain confidential. The members of the screening panels, mediators and arbitrators have a deliberative privilege and the same immunity as provided by law for the boards and are not subject to deposition or subpoena to testify regarding any matter or issue raised in any contested case, criminal prosecution or civil lawsuit that may result from or be incident to cases processed before them.
(c) The screening panel has the authority to administer oaths to witnesses. Any documents or records produced at the screening panel shall be exempt from the public records law, compiled in title 10, chapter 7, until there is a filing of a notice of charges and such documents or records form the basis for such filing of a notice of charges.
(d) Members of a screening panel may be drawn from among the membership of the relevant board, or members may be appointed by the relevant board. Nonboard members shall meet the requirements of membership for the relevant board and may include a consumer member. A board member serving on a panel shall not participate in a contested case involving any matter heard by the panel.
(e) Each screening panel shall be instructed as to the statutes, rules, regulations and philosophies of the relevant board as it pertains to disciplinary action and to the procedures to be followed by the panels. Each screening panel shall be provided a copy of Rule 31 of the Rules of the Tennessee Supreme Court for review by members of the screening panel for general guidance as to the principles of mediation and alternative dispute resolution.
(f) A board does not have authority to compel any party to participate in a screening panel, and no prejudice will be incurred if the party chooses not to participate or to accept the offer of the screening panel.
Acts 2001, ch. 322, § 1; 2005, ch. 234, § 1.
Tenn. Code Ann. § 63-11-607 — TN Code / Title 63 / Chapter 11 / Section 63-11-607
Duration of certification - Renewal of certification - Renewal requirements - Reporting requirements
Status: in_force

(a) A professional music therapist certification issued under this part is valid for twenty-four (24) months from the date of issuance. (b) A certified professional music therapist requesting renewal of a certificate must provide the following to the advisory committee in advance of the expiration date of the certificate: (1) A completed application on a form provided by the advisory committee and payment of the fee set by the advisory committee; and (2) A certified or sworn statement to the advisory committee that the certified professional music therapist: (A) Has completed at least forty (40) hours of continuing education prior to the expiration date of the certificate; (B) Has not had a professional credential revoked, suspended, or restricted by the certification board for music therapists, and does not have a complaint, allegation, or investigation pending in this state or in any regulatory jurisdiction for unethical or unprofessional conduct; and (C) Has proof of maintenance of the certified professional music therapist's status as a board-certified music therapist. (c) If a certified professional music therapist fails to submit an application for certificate renewal, to pay any fee required by the advisory committee, or to submit a certified or sworn statement as set forth in subdivision (b)(2) prior to the expiration date of the certificate, then the certificate is automatically revoked by the advisory committee without further notice or hearing, unless renewal is completed and all fees are paid prior to the expiration of sixty (60) days from the date of the expiration of the certificate. (d) A person whose certificate is automatically revoked under this section may apply in writing to the advisory committee for reinstatement of the certificate. Upon the showing of good cause by the person and submitting documentation that all continuing education requirements have been satisfied, the advisory committee may reinstate the certificate upon the payment of all fees set by the advisory committee. (e) Applicants and certified professional music therapists must notify the advisory committee of the following within thirty (30) days of their occurrence: (1) A change of name, address, or other vital information; (2) The filing of any criminal charge or civil action against the applicant or certified professional music therapist; (3) The initiation of any disciplinary charges, investigations, findings, or sanctions by a healthcare organization, federal or state agency, or other professional association against the applicant or certified professional music therapist; and (4) Any other change in information provided by the applicant or certified professional music therapist to the committee. Added by 2024 Tenn. Acts, ch. 1010,s 2, eff. 1/1/2025.
(a) A professional music therapist certification issued under this part is valid for twenty-four (24) months from the date of issuance.
(b) A certified professional music therapist requesting renewal of a certificate must provide the following to the advisory committee in advance of the expiration date of the certificate: (1) A completed application on a form provided by the advisory committee and payment of the fee set by the advisory committee; and (2) A certified or sworn statement to the advisory committee that the certified professional music therapist: (A) Has completed at least forty (40) hours of continuing education prior to the expiration date of the certificate; (B) Has not had a professional credential revoked, suspended, or restricted by the certification board for music therapists, and does not have a complaint, allegation, or investigation pending in this state or in any regulatory jurisdiction for unethical or unprofessional conduct; and (C) Has proof of maintenance of the certified professional music therapist's status as a board-certified music therapist.
(1) A completed application on a form provided by the advisory committee and payment of the fee set by the advisory committee; and
(2) A certified or sworn statement to the advisory committee that the certified professional music therapist: (A) Has completed at least forty (40) hours of continuing education prior to the expiration date of the certificate; (B) Has not had a professional credential revoked, suspended, or restricted by the certification board for music therapists, and does not have a complaint, allegation, or investigation pending in this state or in any regulatory jurisdiction for unethical or unprofessional conduct; and (C) Has proof of maintenance of the certified professional music therapist's status as a board-certified music therapist.
(A) Has completed at least forty (40) hours of continuing education prior to the expiration date of the certificate;
(B) Has not had a professional credential revoked, suspended, or restricted by the certification board for music therapists, and does not have a complaint, allegation, or investigation pending in this state or in any regulatory jurisdiction for unethical or unprofessional conduct; and
(C) Has proof of maintenance of the certified professional music therapist's status as a board-certified music therapist.
(c) If a certified professional music therapist fails to submit an application for certificate renewal, to pay any fee required by the advisory committee, or to submit a certified or sworn statement as set forth in subdivision (b)(2) prior to the expiration date of the certificate, then the certificate is automatically revoked by the advisory committee without further notice or hearing, unless renewal is completed and all fees are paid prior to the expiration of sixty (60) days from the date of the expiration of the certificate.
(d) A person whose certificate is automatically revoked under this section may apply in writing to the advisory committee for reinstatement of the certificate. Upon the showing of good cause by the person and submitting documentation that all continuing education requirements have been satisfied, the advisory committee may reinstate the certificate upon the payment of all fees set by the advisory committee.
(e) Applicants and certified professional music therapists must notify the advisory committee of the following within thirty (30) days of their occurrence: (1) A change of name, address, or other vital information; (2) The filing of any criminal charge or civil action against the applicant or certified professional music therapist; (3) The initiation of any disciplinary charges, investigations, findings, or sanctions by a healthcare organization, federal or state agency, or other professional association against the applicant or certified professional music therapist; and (4) Any other change in information provided by the applicant or certified professional music therapist to the committee.
(1) A change of name, address, or other vital information;
(2) The filing of any criminal charge or civil action against the applicant or certified professional music therapist;
(3) The initiation of any disciplinary charges, investigations, findings, or sanctions by a healthcare organization, federal or state agency, or other professional association against the applicant or certified professional music therapist; and
(4) Any other change in information provided by the applicant or certified professional music therapist to the committee.
Added by 2024 Tenn. Acts, ch. 1010,s 2, eff. 1/1/2025.
Tenn. Code Ann. § 63-17-125 — TN Code / Title 63 / Chapter 17 / Section 63-17-125
Return of purchased hearing instruments
Status: in_force

(a) Within thirty (30) days of the date of delivery, any purchaser of a hearing instrument from an audiologist licensed by the board to practice the assessing, selecting, fitting or dispensing or engaging in the sale of hearing instruments to the human ear is entitled to return the hearing instrument for any reason; provided, that such instrument is returned in satisfactory condition, and such purchaser shall pay only reasonable charges for the hearing instrument and related services. Such return privileges apply only to a first-time purchaser of a hearing instrument. (b) Charges to be imposed upon return of a hearing instrument as provided in subsection (a) shall be clearly stated in the bill of sale. (c) This section shall not be construed to supersede any duly promulgated regulation issued by the federal trade commission. Acts 1994, ch. 849, § 12; 1995, ch. 481, § 30.
(a) Within thirty (30) days of the date of delivery, any purchaser of a hearing instrument from an audiologist licensed by the board to practice the assessing, selecting, fitting or dispensing or engaging in the sale of hearing instruments to the human ear is entitled to return the hearing instrument for any reason; provided, that such instrument is returned in satisfactory condition, and such purchaser shall pay only reasonable charges for the hearing instrument and related services. Such return privileges apply only to a first-time purchaser of a hearing instrument.
(b) Charges to be imposed upon return of a hearing instrument as provided in subsection (a) shall be clearly stated in the bill of sale.
(c) This section shall not be construed to supersede any duly promulgated regulation issued by the federal trade commission.
Acts 1994, ch. 849, § 12; 1995, ch. 481, § 30.
Tenn. Code Ann. § 63-13-205 — TN Code / Title 63 / Chapter 13 / Section 63-13-205
Limited permits - Failure of initial examination
Status: in_force

(a) A limited permit may be issued by the board to an applicant who has applied for a license under § 63-13-202 , has successfully completed the educational and field experience requirements of § 63-13-202(2) and (3) and is scheduled to take the examination required by § 63-13-202(4) . (b) An applicant who has received a limited permit shall take the examination within ninety (90) days of the date the applicant received the limited permit. If the applicant does not take the examination within that ninety-day period, the limited permit expires at the end of the ninety-day period. (c) If an applicant fails the examination, the applicant's limited permit expires upon the board's receipt of notice that the applicant failed the examination. (d) If an applicant passes the examination, the applicant's limited permit remains effective until the board grants or denies a license to the applicant. (e) An applicant may obtain a limited permit only once. (f) A limited permit allows an applicant to engage in occupational therapy practice under the supervision of a licensed occupational therapist. (g) The board shall adopt rules governing the supervision of persons to whom a limited permit has been issued. The rules shall address, at a minimum, initial and periodic inspections, written evaluations, written treatment plans, patient notes and periodic evaluation of performance. Acts 1984, ch. 921, § 3; T.C.A., § 63-13-305 ; Acts 1999, ch. 415, § 2; 2006, ch. 765, § 5; 2007 , ch. 115, § 7.
(a) A limited permit may be issued by the board to an applicant who has applied for a license under § 63-13-202 , has successfully completed the educational and field experience requirements of § 63-13-202(2) and (3) and is scheduled to take the examination required by § 63-13-202(4) .
(b) An applicant who has received a limited permit shall take the examination within ninety (90) days of the date the applicant received the limited permit. If the applicant does not take the examination within that ninety-day period, the limited permit expires at the end of the ninety-day period.
(c) If an applicant fails the examination, the applicant's limited permit expires upon the board's receipt of notice that the applicant failed the examination.
(d) If an applicant passes the examination, the applicant's limited permit remains effective until the board grants or denies a license to the applicant.
(e) An applicant may obtain a limited permit only once.
(f) A limited permit allows an applicant to engage in occupational therapy practice under the supervision of a licensed occupational therapist.
(g) The board shall adopt rules governing the supervision of persons to whom a limited permit has been issued. The rules shall address, at a minimum, initial and periodic inspections, written evaluations, written treatment plans, patient notes and periodic evaluation of performance.
Acts 1984, ch. 921, § 3; T.C.A., § 63-13-305 ; Acts 1999, ch. 415, § 2; 2006, ch. 765, § 5; 2007 , ch. 115, § 7.
Tenn. Code Ann. § 63-6-221 — TN Code / Title 63 / Chapter 6 / Section 63-6-221
Office-based surgeries
Status: in_force

(a) For the purposes of this section, unless the context otherwise requires: (1) "Board" means the board of medical examiners; (2) "Level II office-based surgery" means Level II surgery, as defined by the board of medical examiners in its rules and regulations, that is performed outside of a hospital, an ambulatory surgical treatment center or other medical facility licensed by the health facilities commission; (3) "Office-based surgery" or "Level III 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 ensure 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, that information shall at all times be maintained as confidential and not available to the public except to the extent § 63-1-117(g) 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 office-based 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 medical examiners and that are integral to a planned treatment regimen and not performed on an urgent or emergent basis. (p) Licensed 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 medical examiners 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 physician who performs any Level II office-based surgery or Level III 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 Level III 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 or Level III 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 or Level III 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 or Level III 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 § 63-6-214 . Amended by 2022 Tenn. Acts, ch. 1119, Secs.s 6, s 7, s 8, s 9, s 10 eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 1119, s 5, eff. 7/1/2022. Amended by 2017 Tenn. Acts, ch. 4, s 4, eff. 3/15/2017. Acts 2007 , ch. 373, § 1; 2008 , ch. 927, §§ 1, 2; 2010 , ch. 637, §§ 1-6; 2012 , ch. 798, §§ 38, 39.
(a) For the purposes of this section, unless the context otherwise requires: (1) "Board" means the board of medical examiners; (2) "Level II office-based surgery" means Level II surgery, as defined by the board of medical examiners in its rules and regulations, that is performed outside of a hospital, an ambulatory surgical treatment center or other medical facility licensed by the health facilities commission; (3) "Office-based surgery" or "Level III 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 medical examiners;
(2) "Level II office-based surgery" means Level II surgery, as defined by the board of medical examiners in its rules and regulations, that is performed outside of a hospital, an ambulatory surgical treatment center or other medical facility licensed by the health facilities commission;
(3) "Office-based surgery" or "Level III 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 ensure 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, that information shall at all times be maintained as confidential and not available to the public except to the extent § 63-1-117(g) 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 office-based 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 office-based 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 medical examiners and that are integral to a planned treatment regimen and not performed on an urgent or emergent basis.
(p) Licensed 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 medical examiners 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 physician who performs any Level II office-based surgery or Level III 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 Level III 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 or Level III 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 or Level III 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 Level III 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 or Level III 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 or Level III 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 or Level III 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 or Level III 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 § 63-6-214 .
Amended by 2022 Tenn. Acts, ch. 1119, Secs.s 6, s 7, s 8, s 9, s 10 eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 1119, s 5, eff. 7/1/2022.
Amended by 2017 Tenn. Acts, ch. 4, s 4, eff. 3/15/2017.
Acts 2007 , ch. 373, § 1; 2008 , ch. 927, §§ 1, 2; 2010 , ch. 637, §§ 1-6; 2012 , ch. 798, §§ 38, 39.
Tenn. Code Ann. § 63-3-116 — TN Code / Title 63 / Chapter 3 / Section 63-3-116
Continuing medical education - Exemptions
Status: in_force

(a) As a condition of the biennial renewal of a podiatrist license, every licensed podiatrist must obtain at least fifteen (15) hours of continuing medical education each calendar year in programs approved by the board. The only basis upon which a podiatrist may seek an exemption from this requirement or an extension of time for meeting this requirement is illness or disability. (b) Podiatrists who have properly retired their licenses pursuant to § 63-3-115(d) are exempt from the requirement of subsection (a). Acts 1931, ch. 31, § 5; 1949, ch. 152, § 3; C. Supp. 1950, § 7182.17 (Williams, § 7182.18); Acts 1971, ch. 188, § 9; 1974, ch. 495, § 7; 1976, ch. 796, § 1; T.C.A. (orig. ed.), § 63-316; Acts 1984, ch. 937, § 14; 1986, ch. 675, §§ 3, 17; 1988, ch. 600, § 1; 1989, ch. 360, § 17; 1989, ch. 523, §§ 69, 70; 2005, ch. 228, § 5.
(a) As a condition of the biennial renewal of a podiatrist license, every licensed podiatrist must obtain at least fifteen (15) hours of continuing medical education each calendar year in programs approved by the board. The only basis upon which a podiatrist may seek an exemption from this requirement or an extension of time for meeting this requirement is illness or disability.
(b) Podiatrists who have properly retired their licenses pursuant to § 63-3-115(d) are exempt from the requirement of subsection (a).
Acts 1931, ch. 31, § 5; 1949, ch. 152, § 3; C. Supp. 1950, § 7182.17 (Williams, § 7182.18); Acts 1971, ch. 188, § 9; 1974, ch. 495, § 7; 1976, ch. 796, § 1; T.C.A. (orig. ed.), § 63-316; Acts 1984, ch. 937, § 14; 1986, ch. 675, §§ 3, 17; 1988, ch. 600, § 1; 1989, ch. 360, § 17; 1989, ch. 523, §§ 69, 70; 2005, ch. 228, § 5.
Tenn. Code Ann. § 63-22-202 — TN Code / Title 63 / Chapter 22 / Section 63-22-202
Prohibited acts by nonlicensed therapists - Penalties
Status: in_force

(a) Except as specifically provided in § 63-22-204 , beginning January 1, 2004, no person who is not licensed as a clinical pastoral therapist under this part shall: (1) Advertise that the performance of clinical pastoral therapy services is by a licensed clinical pastoral therapist; or (2) Use the title "licensed clinical pastoral therapist" to denote that the person is a licensed clinical pastoral therapist. (b) Any person who engages in any unlawful act enumerated in this section commits a Class B misdemeanor. (c) The department of health may institute appropriate proceedings, in law or equity, to enjoin any person from engaging in any unlawful act enumerated in this section, such action or proceeding to be brought in the circuit or chancery court of the county in which the unlawful act occurs or in which the defendant resides. (d) Nothing in this section shall be construed as permitting any person certified as a clinical pastoral therapist to engage in the practice of licensed psychological examiner, licensed senior psychological examiner, certified psychological assistant, licensed psychologist, or licensed social worker, as defined in the laws of this state. (e) Nothing in this section, except in subsection (b), applies to any person regulated by the board of nursing. (f) Nothing in this section shall be construed as permitting a certified clinical pastoral therapist to prescribe medications or to interpret psychological tests intended to measure and/or diagnose mental illness. (g) Certified clinical pastoral therapists shall establish and maintain effective working relationships with an interdisciplinary network of professionals, including at least one (1) psychologically oriented physician, usually a psychiatrist, with an unlimited license to practice the healing arts in Tennessee, in order to make provision for referral for the diagnosis and treatment of medical or mental conditions falling outside the scope of clinical pastoral therapy as defined in § 63-22-201 . Acts 1997 , ch. 485, § 7; 2001, ch. 334, § 16; 2003 , ch. 250, §§ 2, 3; 2008 , ch. 1016, § 7.
(a) Except as specifically provided in § 63-22-204 , beginning January 1, 2004, no person who is not licensed as a clinical pastoral therapist under this part shall: (1) Advertise that the performance of clinical pastoral therapy services is by a licensed clinical pastoral therapist; or (2) Use the title "licensed clinical pastoral therapist" to denote that the person is a licensed clinical pastoral therapist.
(1) Advertise that the performance of clinical pastoral therapy services is by a licensed clinical pastoral therapist; or
(2) Use the title "licensed clinical pastoral therapist" to denote that the person is a licensed clinical pastoral therapist.
(b) Any person who engages in any unlawful act enumerated in this section commits a Class B misdemeanor.
(c) The department of health may institute appropriate proceedings, in law or equity, to enjoin any person from engaging in any unlawful act enumerated in this section, such action or proceeding to be brought in the circuit or chancery court of the county in which the unlawful act occurs or in which the defendant resides.
(d) Nothing in this section shall be construed as permitting any person certified as a clinical pastoral therapist to engage in the practice of licensed psychological examiner, licensed senior psychological examiner, certified psychological assistant, licensed psychologist, or licensed social worker, as defined in the laws of this state.
(e) Nothing in this section, except in subsection (b), applies to any person regulated by the board of nursing.
(f) Nothing in this section shall be construed as permitting a certified clinical pastoral therapist to prescribe medications or to interpret psychological tests intended to measure and/or diagnose mental illness.
(g) Certified clinical pastoral therapists shall establish and maintain effective working relationships with an interdisciplinary network of professionals, including at least one (1) psychologically oriented physician, usually a psychiatrist, with an unlimited license to practice the healing arts in Tennessee, in order to make provision for referral for the diagnosis and treatment of medical or mental conditions falling outside the scope of clinical pastoral therapy as defined in § 63-22-201 .
Acts 1997 , ch. 485, § 7; 2001, ch. 334, § 16; 2003 , ch. 250, §§ 2, 3; 2008 , ch. 1016, § 7.
Tenn. Code Ann. § 63-22-115 — TN Code / Title 63 / Chapter 22 / Section 63-22-115
Marital therapy and counseling services - Definitions - Prohibited conduct - Penalty
Status: in_force

(a) As used in this section, unless the context clearly requires a different meaning: (1) "Advertise" means, but is not limited to, the issuing or causing to be distributed any card, sign or device to any person, or the causing, permitting or allowing any sign or marking on or in any building or structure, or in any newspaper or magazine or, in any directory, or on radio or television or by advertising by any other means designed to secure public attention; (2) "Approved supervisor" means a licensed marital and family therapist, psychologist or psychiatrist who is either an American Association for Marriage and Family Therapy-approved supervisor or a board-approved marriage and family supervisor; (3) "Board-approved marriage and family supervisor" means a person who gives to the board evidence of: (A) Five (5) years full-time experience in marriage and family therapy practice and supervision; (B) Thirty-six (36) hours of supervision specifically in the skill of providing marriage and family therapy supervision; and (C) A recommendation for board-approved supervisor status from a supervisor who provided supervision of the supervision referred to in subdivision (a)(3)(B); (4) "Licensed marital and family therapist" means a person to whom a license has been issued pursuant to this part, which license is in force and not suspended or revoked as of the particular time in question; (5) "Marital and family therapy" means the diagnosis and treatment of cognitive, affective and behavioral problems and dysfunctions within the context of marital and family systems. Marital and family therapy involves the professional application of psychotherapeutic family systems theories and techniques in the delivery of services to individuals in the context of family systems theory and practice, couples and families; (6) "Person" means any individual, firm, corporation, partnership, organization or body politic; (7) "Practice of marital and family therapy" means the rendering of professional marital and family therapy to individuals, couples and family groups, singly or in groups, whether such services are offered directly to the general public or through organizations, either public or private, for a fee; (8) "Recognized educational institution" means any educational institution that is recognized by the board and by a nationally or regionally recognized educational or professional accrediting body; (9) "Supervision" means the direct clinical review, for the purpose of training or teaching, by an approved supervisor of a marriage and family therapist's interaction with clients. The purpose of supervision shall be to promote the development of the practitioner's clinical skills. Supervision may include, without being limited to, the review of case presentations, audiotapes, videotapes and direct observation; and (10) "Use a title or description of" means to hold oneself out to the public as having a particular status by means of stating on signs, mailboxes, address plates, stationery, announcements, business cards or other instruments of professional identification. (b) Except as specifically provided in § 63-22-113 , commencing July 1, 1991, no person who is not licensed or certified as a marital and family therapist under this part shall: (1) Advertise the performance of marital and family therapy or counseling service by such person; or (2) Use a title or description such as "licensed or certified marital or marriage therapist, counselor, advisor, or consultant," or any other name, style or description denoting that the person is a marital and family therapist or practices marital and family therapy. (c) Any person who engages in any unlawful act enumerated in this section commits a Class B misdemeanor. (d) In addition to the foregoing, the department of health may institute appropriate proceedings, in law or equity, to enjoin any person from engaging in any unlawful act enumerated in this section, such action or proceeding to be brought in the circuit or chancery court of the county in which the unlawful act occurs or in which the defendant resides. (e) Nothing in this section shall be construed as permitting any person licensed or certified as a marital and family therapist to engage in the practice of "licensed psychological examiner," "licensed senior psychological examiner," "certified psychological assistant," "licensed psychologist" or "licensed social worker," as defined in the laws of this state. (f) Nothing in this section, except subsection (b), applies to any person regulated by the board of nursing. (g) Nothing in this section permits any person certified or licensed as a marital and family therapist to perform psychological testing intended to measure and/or diagnose mental illness. Consistent with each therapist's formal education and training, licensed marital and family therapists may administer and utilize appropriate assessment instruments that measure and/or diagnose, cognitive, affective and behavioral problems and dysfunctions of individuals in the context of marital and family systems, couples and families as part of the therapy process or in the development of a treatment plan. Acts 1991, ch. 141, § 10; 2001, ch. 334, § 14; 2008 , ch. 1016, § 5.
(a) As used in this section, unless the context clearly requires a different meaning: (1) "Advertise" means, but is not limited to, the issuing or causing to be distributed any card, sign or device to any person, or the causing, permitting or allowing any sign or marking on or in any building or structure, or in any newspaper or magazine or, in any directory, or on radio or television or by advertising by any other means designed to secure public attention; (2) "Approved supervisor" means a licensed marital and family therapist, psychologist or psychiatrist who is either an American Association for Marriage and Family Therapy-approved supervisor or a board-approved marriage and family supervisor; (3) "Board-approved marriage and family supervisor" means a person who gives to the board evidence of: (A) Five (5) years full-time experience in marriage and family therapy practice and supervision; (B) Thirty-six (36) hours of supervision specifically in the skill of providing marriage and family therapy supervision; and (C) A recommendation for board-approved supervisor status from a supervisor who provided supervision of the supervision referred to in subdivision (a)(3)(B); (4) "Licensed marital and family therapist" means a person to whom a license has been issued pursuant to this part, which license is in force and not suspended or revoked as of the particular time in question; (5) "Marital and family therapy" means the diagnosis and treatment of cognitive, affective and behavioral problems and dysfunctions within the context of marital and family systems. Marital and family therapy involves the professional application of psychotherapeutic family systems theories and techniques in the delivery of services to individuals in the context of family systems theory and practice, couples and families; (6) "Person" means any individual, firm, corporation, partnership, organization or body politic; (7) "Practice of marital and family therapy" means the rendering of professional marital and family therapy to individuals, couples and family groups, singly or in groups, whether such services are offered directly to the general public or through organizations, either public or private, for a fee; (8) "Recognized educational institution" means any educational institution that is recognized by the board and by a nationally or regionally recognized educational or professional accrediting body; (9) "Supervision" means the direct clinical review, for the purpose of training or teaching, by an approved supervisor of a marriage and family therapist's interaction with clients. The purpose of supervision shall be to promote the development of the practitioner's clinical skills. Supervision may include, without being limited to, the review of case presentations, audiotapes, videotapes and direct observation; and (10) "Use a title or description of" means to hold oneself out to the public as having a particular status by means of stating on signs, mailboxes, address plates, stationery, announcements, business cards or other instruments of professional identification.
(1) "Advertise" means, but is not limited to, the issuing or causing to be distributed any card, sign or device to any person, or the causing, permitting or allowing any sign or marking on or in any building or structure, or in any newspaper or magazine or, in any directory, or on radio or television or by advertising by any other means designed to secure public attention;
(2) "Approved supervisor" means a licensed marital and family therapist, psychologist or psychiatrist who is either an American Association for Marriage and Family Therapy-approved supervisor or a board-approved marriage and family supervisor;
(3) "Board-approved marriage and family supervisor" means a person who gives to the board evidence of: (A) Five (5) years full-time experience in marriage and family therapy practice and supervision; (B) Thirty-six (36) hours of supervision specifically in the skill of providing marriage and family therapy supervision; and (C) A recommendation for board-approved supervisor status from a supervisor who provided supervision of the supervision referred to in subdivision (a)(3)(B);
(A) Five (5) years full-time experience in marriage and family therapy practice and supervision;
(B) Thirty-six (36) hours of supervision specifically in the skill of providing marriage and family therapy supervision; and
(C) A recommendation for board-approved supervisor status from a supervisor who provided supervision of the supervision referred to in subdivision (a)(3)(B);
(4) "Licensed marital and family therapist" means a person to whom a license has been issued pursuant to this part, which license is in force and not suspended or revoked as of the particular time in question;
(5) "Marital and family therapy" means the diagnosis and treatment of cognitive, affective and behavioral problems and dysfunctions within the context of marital and family systems. Marital and family therapy involves the professional application of psychotherapeutic family systems theories and techniques in the delivery of services to individuals in the context of family systems theory and practice, couples and families;
(6) "Person" means any individual, firm, corporation, partnership, organization or body politic;
(7) "Practice of marital and family therapy" means the rendering of professional marital and family therapy to individuals, couples and family groups, singly or in groups, whether such services are offered directly to the general public or through organizations, either public or private, for a fee;
(8) "Recognized educational institution" means any educational institution that is recognized by the board and by a nationally or regionally recognized educational or professional accrediting body;
(9) "Supervision" means the direct clinical review, for the purpose of training or teaching, by an approved supervisor of a marriage and family therapist's interaction with clients. The purpose of supervision shall be to promote the development of the practitioner's clinical skills. Supervision may include, without being limited to, the review of case presentations, audiotapes, videotapes and direct observation; and
(10) "Use a title or description of" means to hold oneself out to the public as having a particular status by means of stating on signs, mailboxes, address plates, stationery, announcements, business cards or other instruments of professional identification.
(b) Except as specifically provided in § 63-22-113 , commencing July 1, 1991, no person who is not licensed or certified as a marital and family therapist under this part shall: (1) Advertise the performance of marital and family therapy or counseling service by such person; or (2) Use a title or description such as "licensed or certified marital or marriage therapist, counselor, advisor, or consultant," or any other name, style or description denoting that the person is a marital and family therapist or practices marital and family therapy.
(1) Advertise the performance of marital and family therapy or counseling service by such person; or
(2) Use a title or description such as "licensed or certified marital or marriage therapist, counselor, advisor, or consultant," or any other name, style or description denoting that the person is a marital and family therapist or practices marital and family therapy.
(c) Any person who engages in any unlawful act enumerated in this section commits a Class B misdemeanor.
(d) In addition to the foregoing, the department of health may institute appropriate proceedings, in law or equity, to enjoin any person from engaging in any unlawful act enumerated in this section, such action or proceeding to be brought in the circuit or chancery court of the county in which the unlawful act occurs or in which the defendant resides.
(e) Nothing in this section shall be construed as permitting any person licensed or certified as a marital and family therapist to engage in the practice of "licensed psychological examiner," "licensed senior psychological examiner," "certified psychological assistant," "licensed psychologist" or "licensed social worker," as defined in the laws of this state.
(f) Nothing in this section, except subsection (b), applies to any person regulated by the board of nursing.
(g) Nothing in this section permits any person certified or licensed as a marital and family therapist to perform psychological testing intended to measure and/or diagnose mental illness. Consistent with each therapist's formal education and training, licensed marital and family therapists may administer and utilize appropriate assessment instruments that measure and/or diagnose, cognitive, affective and behavioral problems and dysfunctions of individuals in the context of marital and family systems, couples and families as part of the therapy process or in the development of a treatment plan.
Acts 1991, ch. 141, § 10; 2001, ch. 334, § 14; 2008 , ch. 1016, § 5.
Tenn. Code Ann. § 63-15-103 — TN Code / Title 63 / Chapter 15 / Section 63-15-103
Doula services advisory committee - Creation - Purpose - Duties
Status: in_force

(a) There is created the doula services advisory committee. The committee is attached to the department of health for administrative purposes. (b) The purpose of the committee is to: (1) Advise the department of health by establishing core competencies and standards for the provision of doula services in this state; and (2) Recommend reimbursement rates and fee schedules for TennCare reimbursement for doula services. (c) The doula services advisory committee shall: (1) Develop a set of core competencies and standards for doulas providing doula services in this state, for the purpose of verifying competency, including a demonstration of competency, through training or attestation of equivalency or lived experience, in the following areas: (A) Understanding basic anatomy and physiology as related to pregnancy, the childbearing process, breastfeeding, and the postpartum period; (B) Utilizing different strategies to provide emotional support, education, and resources during the perinatal period; (C) Knowledge of and the ability to assist families with utilizing a wide variety of nonclinical labor coping and physical comfort strategies; (D) Strategies to foster effective communication between clients, clients' families, support services, and healthcare providers; and (E) Knowledge of community-based, government-funded, and clinical resources available to the client for needs outside the doula's scope of practice; (2) Propose multiple options for medicaid reimbursement for doula services, including doulas operating as independent providers and doulas working with licensed providers; (3) Propose reimbursement rates and fee schedules reflecting the reasonable number of clients a doula can sustain at the same time; (4) Propose incentive-based programs such as fee waivers to encourage participation from doulas in rural communities; and (5) Examine outcomes, findings, and reports from existing pilot programs related to the provision of doula services. (d) The doula services advisory committee shall compile a report of its findings and recommendations from the duties described in subsection (c). No later than eighteen (18) months following the date of the committee's first meeting, the department of health shall publish a copy of the committee's report on its public website, and the committee shall transmit a copy of the report to the chair of the health and welfare committee of the senate, the chair of the health committee of the house of representatives, and the legislative librarian. Added by 2023 Tenn. Acts, ch. 424, s 1, eff. 7/1/2023.
(a) There is created the doula services advisory committee. The committee is attached to the department of health for administrative purposes.
(b) The purpose of the committee is to: (1) Advise the department of health by establishing core competencies and standards for the provision of doula services in this state; and (2) Recommend reimbursement rates and fee schedules for TennCare reimbursement for doula services.
(1) Advise the department of health by establishing core competencies and standards for the provision of doula services in this state; and
(2) Recommend reimbursement rates and fee schedules for TennCare reimbursement for doula services.
(c) The doula services advisory committee shall: (1) Develop a set of core competencies and standards for doulas providing doula services in this state, for the purpose of verifying competency, including a demonstration of competency, through training or attestation of equivalency or lived experience, in the following areas: (A) Understanding basic anatomy and physiology as related to pregnancy, the childbearing process, breastfeeding, and the postpartum period; (B) Utilizing different strategies to provide emotional support, education, and resources during the perinatal period; (C) Knowledge of and the ability to assist families with utilizing a wide variety of nonclinical labor coping and physical comfort strategies; (D) Strategies to foster effective communication between clients, clients' families, support services, and healthcare providers; and (E) Knowledge of community-based, government-funded, and clinical resources available to the client for needs outside the doula's scope of practice; (2) Propose multiple options for medicaid reimbursement for doula services, including doulas operating as independent providers and doulas working with licensed providers; (3) Propose reimbursement rates and fee schedules reflecting the reasonable number of clients a doula can sustain at the same time; (4) Propose incentive-based programs such as fee waivers to encourage participation from doulas in rural communities; and (5) Examine outcomes, findings, and reports from existing pilot programs related to the provision of doula services.
(1) Develop a set of core competencies and standards for doulas providing doula services in this state, for the purpose of verifying competency, including a demonstration of competency, through training or attestation of equivalency or lived experience, in the following areas: (A) Understanding basic anatomy and physiology as related to pregnancy, the childbearing process, breastfeeding, and the postpartum period; (B) Utilizing different strategies to provide emotional support, education, and resources during the perinatal period; (C) Knowledge of and the ability to assist families with utilizing a wide variety of nonclinical labor coping and physical comfort strategies; (D) Strategies to foster effective communication between clients, clients' families, support services, and healthcare providers; and (E) Knowledge of community-based, government-funded, and clinical resources available to the client for needs outside the doula's scope of practice;
(A) Understanding basic anatomy and physiology as related to pregnancy, the childbearing process, breastfeeding, and the postpartum period;
(B) Utilizing different strategies to provide emotional support, education, and resources during the perinatal period;
(C) Knowledge of and the ability to assist families with utilizing a wide variety of nonclinical labor coping and physical comfort strategies;
(D) Strategies to foster effective communication between clients, clients' families, support services, and healthcare providers; and
(E) Knowledge of community-based, government-funded, and clinical resources available to the client for needs outside the doula's scope of practice;
(2) Propose multiple options for medicaid reimbursement for doula services, including doulas operating as independent providers and doulas working with licensed providers;
(3) Propose reimbursement rates and fee schedules reflecting the reasonable number of clients a doula can sustain at the same time;
(4) Propose incentive-based programs such as fee waivers to encourage participation from doulas in rural communities; and
(5) Examine outcomes, findings, and reports from existing pilot programs related to the provision of doula services.
(d) The doula services advisory committee shall compile a report of its findings and recommendations from the duties described in subsection (c). No later than eighteen (18) months following the date of the committee's first meeting, the department of health shall publish a copy of the committee's report on its public website, and the committee shall transmit a copy of the report to the chair of the health and welfare committee of the senate, the chair of the health committee of the house of representatives, and the legislative librarian.
Added by 2023 Tenn. Acts, ch. 424, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 63-3-112 — TN Code / Title 63 / Chapter 3 / Section 63-3-112
Reexamination
Status: in_force

An applicant who fails to pass an examination satisfactory to the board, and is therefore refused a license, is entitled, within six (6) months after such refusal, to a reexamination upon payment of an additional fee as set annually by the board for each such reexamination. Acts 1931, ch. 31, § 2; C. Supp. 1950, § 7182.7 (Williams, § 7182.8); Acts 1976, ch. 796, § 1; T.C.A. (orig. ed.), § 63-312; Acts 1984, ch. 937, § 10; 1986, ch. 675, § 15; 1989, ch. 523, § 65.
An applicant who fails to pass an examination satisfactory to the board, and is therefore refused a license, is entitled, within six (6) months after such refusal, to a reexamination upon payment of an additional fee as set annually by the board for each such reexamination.
Acts 1931, ch. 31, § 2; C. Supp. 1950, § 7182.7 (Williams, § 7182.8); Acts 1976, ch. 796, § 1; T.C.A. (orig. ed.), § 63-312; Acts 1984, ch. 937, § 10; 1986, ch. 675, § 15; 1989, ch. 523, § 65.
Tenn. Code Ann. § 63-22-403 — TN Code / Title 63 / Chapter 22 / Section 63-22-403
Rulemaking
Status: in_force

The board for professional counselors, marital and family therapists, and clinical pastoral therapists, in consultation with the department of health, may promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this part. Added by 2022 Tenn. Acts, ch. 1088, s 1, eff. 5/27/2022.
The board for professional counselors, marital and family therapists, and clinical pastoral therapists, in consultation with the department of health, may promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this part.
Added by 2022 Tenn. Acts, ch. 1088, s 1, eff. 5/27/2022.
Tenn. Code Ann. § 63-1-151 — TN Code / Title 63 / Chapter 1 / Section 63-1-151
Report by practitioner to licensing board of indictment for offense involving sale or dispensing of controlled substances
Status: in_force

(a) (1) Notwithstanding any other provision of this chapter or of chapter 3, chapters 5-9 or chapter 19 of this title, when a practitioner licensed under any of such chapters is under state or federal indictment in this state for an offense involving the sale or dispensing of controlled substances under state or federal law, the practitioner shall report the indictment to the practitioner's licensing board in writing within seven (7) calendar days of acquiring actual knowledge of the indictment. Such report shall include the jurisdiction in which the indictment is pending, if known, and shall also be accompanied by a copy of the indictment, if the practitioner has one. (2) A district attorney general and appropriate attorneys for the federal government are strongly encouraged, when appropriate, to promptly notify a practitioner's licensing board when a practitioner covered under subdivision (a)(1) is indicted in this state for an offense involving the sale or dispensing of controlled substances under state or federal law. (b) The knowing failure of a practitioner to submit the report required in subdivision (a)(1) to the licensing board shall be considered unprofessional, dishonorable or unethical conduct and may be grounds for such licensing board to take disciplinary action against the practitioner's license. The fact an indictment was sealed and the practitioner could not have actual knowledge of its existence excuses the practitioner from discipline based on the failure of the practitioner to submit a report. However, the claim that the practitioner was not aware of the obligation required in subdivision (a)(1) may not excuse the practitioner from discipline based on the failure of the practitioner to submit a report. (c) Upon receiving a report of an indictment pursuant to subdivision (a)(1), (a)(2) or from any other source, the practitioner's licensing board, through the board's consultant or other person designated by the board, shall within fifteen (15) calendar days, conduct an expedited review of the practitioner's conduct alleged in the indictment. The purpose of such expedited review shall be to determine if the matter merits an expedited investigation by the board. If so, such a directive shall be given to the department of health's office of investigations. All review activity under this subsection (c) shall be confidential pursuant to § 63-1-117(f) . (d) For the purposes of this section, "controlled substances" means substances regulated as controlled substances under title 39, chapter 17, part 4, or title 53, chapters 10 and 11, or the federal Controlled Substances Act ( 21 U.S.C. § 801 , et seq.). Added by 2013 Tenn. Acts, ch. 232, s 1, eff. 7/1/2013.
(a) (1) Notwithstanding any other provision of this chapter or of chapter 3, chapters 5-9 or chapter 19 of this title, when a practitioner licensed under any of such chapters is under state or federal indictment in this state for an offense involving the sale or dispensing of controlled substances under state or federal law, the practitioner shall report the indictment to the practitioner's licensing board in writing within seven (7) calendar days of acquiring actual knowledge of the indictment. Such report shall include the jurisdiction in which the indictment is pending, if known, and shall also be accompanied by a copy of the indictment, if the practitioner has one. (2) A district attorney general and appropriate attorneys for the federal government are strongly encouraged, when appropriate, to promptly notify a practitioner's licensing board when a practitioner covered under subdivision (a)(1) is indicted in this state for an offense involving the sale or dispensing of controlled substances under state or federal law.
(1) Notwithstanding any other provision of this chapter or of chapter 3, chapters 5-9 or chapter 19 of this title, when a practitioner licensed under any of such chapters is under state or federal indictment in this state for an offense involving the sale or dispensing of controlled substances under state or federal law, the practitioner shall report the indictment to the practitioner's licensing board in writing within seven (7) calendar days of acquiring actual knowledge of the indictment. Such report shall include the jurisdiction in which the indictment is pending, if known, and shall also be accompanied by a copy of the indictment, if the practitioner has one.
(2) A district attorney general and appropriate attorneys for the federal government are strongly encouraged, when appropriate, to promptly notify a practitioner's licensing board when a practitioner covered under subdivision (a)(1) is indicted in this state for an offense involving the sale or dispensing of controlled substances under state or federal law.
(b) The knowing failure of a practitioner to submit the report required in subdivision (a)(1) to the licensing board shall be considered unprofessional, dishonorable or unethical conduct and may be grounds for such licensing board to take disciplinary action against the practitioner's license. The fact an indictment was sealed and the practitioner could not have actual knowledge of its existence excuses the practitioner from discipline based on the failure of the practitioner to submit a report. However, the claim that the practitioner was not aware of the obligation required in subdivision (a)(1) may not excuse the practitioner from discipline based on the failure of the practitioner to submit a report.
(c) Upon receiving a report of an indictment pursuant to subdivision (a)(1), (a)(2) or from any other source, the practitioner's licensing board, through the board's consultant or other person designated by the board, shall within fifteen (15) calendar days, conduct an expedited review of the practitioner's conduct alleged in the indictment. The purpose of such expedited review shall be to determine if the matter merits an expedited investigation by the board. If so, such a directive shall be given to the department of health's office of investigations. All review activity under this subsection (c) shall be confidential pursuant to § 63-1-117(f) .
(d) For the purposes of this section, "controlled substances" means substances regulated as controlled substances under title 39, chapter 17, part 4, or title 53, chapters 10 and 11, or the federal Controlled Substances Act ( 21 U.S.C. § 801 , et seq.).
Added by 2013 Tenn. Acts, ch. 232, s 1, eff. 7/1/2013.