TN Code § 63-1-155 (2021)
2021 Tennessee Code|Title 63 - Professions of the Healing Arts|Chapter 1 - Division of Health Related Boards|Part 1 - General Provisions|§ 63-1-155. Telehealth Services — Establishment of Provider-Patient Relationship — Standard of Practice — Applicability

  For the purposes of this section:  “Healthcare provider” means:  An individual acting within the scope of a valid license issued pursuant to this title;   Any state-contracted crisis service provider that is employed by a facility licensed under title 33; or   Any alcohol and drug abuse counselor licensed under title 68, chapter 24, part 6; and     Notwithstanding any restriction imposed by §§ 56-7-1002 and 56-7-1003, “telehealth,” “telemedicine,” and “provider-based telemedicine” mean the use of real time audio, video, or other electronic media and telecommunication technology that enables interaction between a healthcare provider and a patient, or also store-and-forward telemedicine services as defined in § 56-7-1002, for the purpose of diagnosis, consultation, or treatment of a patient at a distant site where there may be no in-person exchange between a healthcare provider and a patient.     For the purposes of this section, a healthcare provider-patient relationship with respect to telemedicine or telehealth is created by mutual consent and mutual communication, except in an emergency, between the patient and the provider. The consent by the patient may be expressed or implied consent; however, the provider-patient relationship is not created simply by the receipt of patient health information by a provider unless a prior provider-patient relationship exists. The duties and obligations created by the relationship do not arise until the healthcare provider:  Affirmatively undertakes to diagnose or treat the patient; or   Affirmatively participates in the diagnosis or treatment.       A healthcare provider who delivers services through the use of telehealth is held to the same standard of professional practice as a similar licensee of the same practice area or specialty that is providing the same healthcare services through in-person encounters, and nothing in this section is intended to create any new standards of care.   Notwithstanding subdivision (c)(1)(A), telehealth services must be provided in compliance with the guidelines created pursuant to part 4 of this chapter.     The board or licensing entity governing any healthcare provider covered by this section shall not establish a more restrictive standard of professional practice for the practice of telehealth than that specifically authorized by the provider's practice act or other specifically applicable statute, including this chapter or title 53, chapter 10 or 11.   This section does not apply to pain management clinics, as defined in § 63-1-301, chronic nonmalignant pain treatment, or those individuals licensed pursuant to chapter 12 of this title.     Sections 63-6-231 and 63-6-214(b)(21) do not apply to the practice of telemedicine under this section.   This section does not apply to or restrict the requirements of § 63-6-241.   Section 63-6-204(a) also applies to telemedicine.    Except as provided in subdivision (g)(2), to practice under this section a healthcare provider must be licensed to practice in this state under this title.   A physician must be licensed to practice under chapter 6 or 9 of this title in order to practice telemedicine pursuant to § 63-6-209(b), except as otherwise authorized by law or rule.  [Subsection (h) repealed effective April 1, 2022.]       Notwithstanding subsection (a), for the purposes of this section “healthcare provider” means:  Any provider licensed under this title;   Any state-contracted crisis service provider that is employed by a facility licensed under title 33; or   Any alcohol and drug abuse counselor licensed under title 68, chapter 24, part 6.     This subsection (h) is repealed on April 1, 2022.