reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 2 - GENERAL PROVISIONS (§§ 63-11-201 — 63-11-226) › Section 63-11-220 - Peer review committees - Liability - Confidentiality of information

(a)
As used in this section, "peer review committee" or "committee" means any committee, board, commission or other entity constituted by any statewide psychological association or local psychological association for the purpose of receiving and evaluating professional acts of other practitioners of psychology as defined in this chapter.
(b)
Any practitioner of psychology who serves on any peer review committee or on any other committee is immune from liability with respect to any action taken in good faith and without malice as a member of such committee, board, commission or other entity.
(c)
Practitioners of psychology, any individuals appointed to a committee as defined in subsection (a) and members of the boards of directors of facilities as defined in §§
52-5-403
and
68-11-201
are immune from liability to any client, patient, individual or organization for furnishing information, data, reports or records to any such committee or for damages resulting from any decision, opinions, actions and proceedings rendered, entered or acted upon by such committee, undertaken or performed within the scope or functions of the duties of such committee, if made or taken in good faith and without malice and on the basis of facts reasonably known or reasonably believed to exist.
(d)
(1)
All information, interviews, reports, statements, memoranda or other data furnished to a peer review committee, associational board or governing board, and any findings, conclusions or recommendations resulting from the proceedings of such committees, associational boards and governing boards are privileged.
(2)
The records and proceedings are confidential and shall be used only in the exercise of the proper functions of the committees, associational boards or governing boards and shall not become public records nor be available for court subpoena or discovery proceedings.
(3)
Nothing contained in this subsection (d) applies to records, documents or information otherwise available from original sources and such records, documents or information are not to be construed as immune from discovery or use in any civil proceedings solely due to presentation to the committee.
Amended by 2024 Tenn. Acts, ch. 688,s 149, eff. 7/1/2024.
Acts 1990, ch. 653, § 1; 2000, ch. 947, § 8M.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 2 - GENERAL PROVISIONS (§§ 63-11-201 — 63-11-226) › Section 63-11-221 - Health service providers in internship program - Waiver of supervised postdoctoral experience

Any person currently enrolled in an internship program satisfying the requirements of §
63-11-208(d)(1)
and who completes the internship and all other degree requirements by December 31, 1992, shall be designated as a health service provider without completing the one-year full-time supervised postdoctoral experience as provided in §
63-11-208(d)(1)
if an application for such designation is submitted by July 1, 1993.
Acts 1992, ch. 991, § 3.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 2 - GENERAL PROVISIONS (§§ 63-11-201 — 63-11-226) › Section 63-11-222 - Psychologists licensed as of June 30, 1992 - Health service provider designation

(a)
Any psychologist licensed under this chapter as a school, clinical or counseling psychologist as of June 30, 1992, shall be designated by the board as a health service provider; provided, that such person submits an application to the board for such designation by July 1, 1993. Any psychologist licensed under this chapter other than as a school, clinical or counseling psychologist as of June 30, 1992, who documents to the satisfaction of the board that such person has been engaged in providing health services as a psychologist for a minimum of two (2) years shall be designated by the board as a health service provider; provided, that application for such designation is submitted to the board by July 1, 1993.
(b)
Notwithstanding any provision of subsection (a) or any other law to the contrary, the board shall designate as a health service provider any person who meets the following criteria:
(1)
Holds a Ph.D. in education from an accredited college or university;
(2)
Possesses at least three thousand nine hundred (3,900) hours of clinical experience supervised by licensed clinical and counseling psychologists at an accredited school of medicine;
(3)
Is a national board certified counselor;
(4)
Has been practicing in Tennessee as a professional counselor for a period of six (6) or more years;
(5)
Was licensed by the board as a psychologist on July 15, 1992, with a declared specialty area other than school, clinical or counseling psychology; and
(6)
Has submitted to the board an application for such designation by December 31, 1994.
Acts 1992, ch. 991, § 4; 1995, ch. 104, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 2 - GENERAL PROVISIONS (§§ 63-11-201 — 63-11-226) › Section 63-11-223 - Titles referring to licensed psychologist and health care provider

For purposes of federal legislation and regulations referencing qualifications with respect to the provision of psychological services and other titles in this code, unless the context otherwise requires, "licensed clinical psychologist," "licensed counseling psychologist" or "licensed school psychologist" in any variation refers to a psychologist licensed under this chapter and designated as a health service provider.
Acts 1992, ch. 991, § 10.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 2 - GENERAL PROVISIONS (§§ 63-11-201 — 63-11-226) › Section 63-11-224 - Third-party reimbursement

"Community mental health centers," as defined in §
33-1-101
, institutes or governmental agencies, doctoral clinical psychology students in university-operated training clinics and those qualifying psychologists employing psychologists with temporary or provisional licenses shall be eligible to receive third-party reimbursement from any managed care plan or third-party payor for usual and customary professional services rendered by the employed psychologist with a provisional or temporary license.
Acts 1999, ch. 505, § 4; 2000, ch. 947, § 8F; 2009 , ch. 69, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 2 - GENERAL PROVISIONS (§§ 63-11-201 — 63-11-226) › Section 63-11-225 - Special volunteer license for practice in free health clinic - Exemption from fees - Renewal

A psychologist licensed pursuant to this chapter under a special volunteer license who is a medical practitioner, as defined by §
63-1-201
, engaged in practice at a free health clinic shall not be subject to license fees under this chapter. The board of examiners in psychology may issue a special volunteer license, as such license is defined in §
63-1-201
, to qualified applicants without fee or charge. Such license shall be for a period of two (2) years and may be renewed on a biennial basis.
Acts 2004, ch. 579, § 7.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 2 - GENERAL PROVISIONS (§§ 63-11-201 — 63-11-226) › Section 63-11-226 - Notice to patients of departure

Psychologists, senior psychological examiners and psychological examiners are not required to notify patients that were treated by them at community mental health centers, as defined in §
33-1-101
, of their departure from such community mental health centers. Patient records shall remain with the community mental health centers. The transfer of patients' records shall be in compliance with standards set by state and federal law.
Acts 2005, ch. 53, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 3 - APPLIED BEHAVIOR ANALYST LICENSING COMMITTEE (§§ 63-11-301 — 63-11-312) › Section 63-11-301 - Public policy statement - Committee established

(a)
The practice of behavior analysis in this state is hereby declared to affect the public health, safety, and welfare of citizens of this state.
(b)
To assist the board of examiners in psychology in the performance of its duties, there is hereby established the applied behavior analyst licensing committee to protect the public from:
(1)
The practice of applied behavior analysis by unqualified persons; and
(2)
Unprofessional, unethical and harmful conduct by behavior analysis practitioners.
(c)
No person shall represent to be or function as a behavior analyst or assistant behavior analyst in this state unless such person holds a valid license issued by the committee. The committee shall also regulate the practice of applied behavior analysis.
Acts 2014 , ch. 918, § 2.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 3 - APPLIED BEHAVIOR ANALYST LICENSING COMMITTEE (§§ 63-11-301 — 63-11-312) › Section 63-11-304 - Application for license - Requirements

(a)
Each person desiring to obtain a license shall submit an application and fee to the committee. The application shall include evidence that the applicant meets all of the following requirements for licensure:
(1)
The applicant is at least twenty-one (21) years of age;
(2)
The applicant is of good moral character and conducts his or her professional activities in accordance with accepted professional and ethical standards, including the certifying entity's Professional Disciplinary and Ethical Standards and Guidelines for Responsible Conduct for Behavior Analysts;
(3)
The applicant has not had a professional credential refused, revoked, suspended, or restricted and does not have a complaint, allegation, or investigation pending in any regulatory jurisdiction in the United States or in another country for reasons that relate to unprofessional conduct, unless the committee finds that the conduct has been corrected or that mitigating circumstances exist that prevent resolution;
(4)
LBA applicants shall:
(A)
Be certified as a BCBA or board certified behavior analyst-doctoral at the time of application; and
(B)
Not be the subject of disciplinary actions by the certifying entity; and
(5)
LABA applicants shall:
(A)
Be certified as a board certified assistant behavior analyst at the time of application;
(B)
Not be the subject of disciplinary actions by the certifying entity; and
(C)
Provide proof of ongoing supervision by an LBA who is currently certified as a BCBA or board certified behavior analyst-doctoral in a manner consistent with the certifying entity's requirements for supervision of board certified assistant behavior analysts.
(b)
(1)
When the board receives a completed application for initial licensure from an applicant, then the board shall, within sixty (60) days from the date the board receives the completed application:
(A)
Render a decision on the application; or
(B)
Inform the applicant of the need to appear before the board.
(2)
As used in this subsection (b), "completed application" means an application that satisfies all statutory and board rule requirements.
Amended by 2023 Tenn. Acts, ch. 426, s 7, eff. 5/11/2023.
Acts 2014 , ch. 918, § 2.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 3 - APPLIED BEHAVIOR ANALYST LICENSING COMMITTEE (§§ 63-11-301 — 63-11-312) › Section 63-11-305 - Use of titles - Practice of applied behavior analysis - Penalty for violation

(a)
No person shall use the title "licensed behavior analyst" or "licensed assistant behavior analyst" unless that person holds the applicable license issued by the committee.
(b)
No person shall practice applied behavior analysis unless that person is licensed by the committee as an LBA or an LABA or meets criteria for one (1) of the exemptions in §
63-11-306
.
(c)
Any person who violates this section commits a Class B misdemeanor, punishable by a fine only, the suspension or revocation of a license issued pursuant to this part, or both fine and loss of licensure.
Acts 2014 , ch. 918, § 2.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 3 - APPLIED BEHAVIOR ANALYST LICENSING COMMITTEE (§§ 63-11-301 — 63-11-312) › Section 63-11-306 - Exceptions from application of part

This part shall not be construed as prohibiting or restricting the practice of any of the following:
(1)
Other human services professionals who are licensed, registered, or certified by the state; provided, such individuals are working within the scope of practice of their professions and the scope of their training and competence;
(2)
Unlicensed persons who deliver applied behavior analysis (ABA) services under the extended authority and direction of an LBA or an LABA who is supervised by an LBA. Such persons shall not represent themselves as professional behavior analysts;
(3)
Family members of recipients of ABA services who implement certain ABA procedures with recipients under the extended authority and direction of LBAs or LABAs who are supervised by LBAs. Such persons shall not represent themselves as professional behavior analysts;
(4)
Behavior analysts who practice with nonhumans, including applied animal behaviorists and animal trainers. Such persons may use the title "behavior analyst" but may not represent themselves as LBAs or LABAs unless they hold one (1) of the credentials issued by the committee;
(5)
Persons who provide general ABA services to organizations, so long as those services are for the benefit of the organizations and do not involve direct services to individuals;
(6)
Matriculated college or university students, interns, or postdoctoral fellows whose activities are part of a defined behavior analysis program of study, practicum, or intensive practicum; provided, that the practice under this exemption is directly supervised by an LBA in this state or an instructor in a BACB approved course sequence. Students, interns, and postdoctoral fellows shall not represent themselves as professional behavior analysts but shall use titles that clearly indicate their trainee status, such as "behavior analysis student," "behavior analysis intern," or "behavior analysis trainee";
(7)
Persons who teach behavior analysis or conduct behavior analytic research; provided, that such teaching or research does not involve the delivery of direct behavior analytic services. Such persons may use the title "behavior analyst" but may not represent themselves as LBAs or LABAs unless they hold one (1) of the credentials issued by the committee; and
(8)
Unlicensed persons pursuing experiential training in behavior analysis consistent with the BACB's experience requirements; provided, such experience is supervised by an LBA in this state who meets BACB supervisor requirements, and that the supervised experience is conducted in accordance with other BACB standards and requirements.
Acts 2014 , ch. 918, § 2.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 3 - APPLIED BEHAVIOR ANALYST LICENSING COMMITTEE (§§ 63-11-301 — 63-11-312) › Section 63-11-307 - Term of license - Requirements for initial or renewed licensure - Provisional licensing - Promulgation of rules

(a)
Licenses for LBAs and LABAs shall be valid for two (2) years from the date of issuance.
(b)
A person applying for initial or renewed licensure shall provide:
(1)
Evidence of current certification at the required certification level;
(2)
A photocopy of valid photo identification;
(3)
A completed application form; and
(4)
A notarized statement indicating that the applicant is in good standing with the certifying entity and the committee, and has complied with all requirements of this part.
(c)
The committee may grant provisional licenses for LBA and LABA to any person qualified by the department of disability and aging to provide behavior analysis services prior to July 12, 2012, if such person:
(1)
Provides a notarized statement and evidence that they are in good standing with the standards and the guidelines of the department of disability and aging for granting such qualification;
(2)
Provides a photocopy of a valid photo identification;
(3)
Submits a completed application form;
(4)
Pays all applicable fees for licensure and licensure renewal for the required certification level; and
(5)
Has received certification by the BACB and applied for and obtained a regular license under the terms of this section by July 1, 2019.
(d)
The committee shall promulgate rules to establish reasonable and necessary fees for licensure and licensure renewal for both LBAs and LABAs so that, in the aggregate, such fees produce sufficient revenue to cover the cost of administering this part.
Amended by 2024 Tenn. Acts, ch. 688,s 150, eff. 7/1/2024.
Acts 2014 , ch. 918, § 2.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 3 - APPLIED BEHAVIOR ANALYST LICENSING COMMITTEE (§§ 63-11-301 — 63-11-312) › Section 63-11-308 - Supervision of licensed assistant behavior analysts

(a)
A LBA shall provide supervision of applied behavior analysis (ABA) services under the LBA's extended authority and direction to all designated persons as provided in this part.
(b)
A LABA shall work under the supervision of an LBA.
(c)
(1)
A LBA shall provide supervision to a maximum of six (6) LABAs concurrently, with the supervision to be conducted as follows:
(A)
A minimum of two (2) hours for each forty (40) hours of services provided by a LABA;
(B)
A minimum of one-half (1/2) of all supervision hours shall involve real time interactions;
(C)
A minimum of one-half (1/2) of all supervision hours shall involve one-to-one interactions between supervisors and supervisees. The remainder may be conducted in small group format.
(2)
Acceptable supervision activities include:
(A)
Direct observation of the LABA delivering ABA services to service recipients;
(B)
Direct observation of the LABA training family members and staff to implement ABA assessment or intervention procedures;
(C)
Demonstrating ABA assessment or intervention procedures;
(D)
Coaching supervisees in implementing ABA assessment or intervention procedures;
(E)
Reviewing and discussing treatment goals and procedures;
(F)
Reviewing service recipient progress data; and
(G)
Reviewing and discussing relevant research articles and other professional literature.
(d)
A formal professional relationship shall exist between a supervising LBA and LABA in the form of:
(1)
A co-employed relationship; or
(2)
An employee-employer relationship.
(e)
LABAs shall notify the committee within ten (10) business days of any change in supervision status.
Acts 2014 , ch. 918, § 2.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 3 - APPLIED BEHAVIOR ANALYST LICENSING COMMITTEE (§§ 63-11-301 — 63-11-312) › Section 63-11-309 - Complaints regarding unprofessional conduct - Sanctions

(a)
All complaints regarding the unprofessional conduct of licensees shall be submitted to the committee in writing.
(b)
An administrative staff person shall be appointed to serve under the direction of the committee to assist with investigations conducted in accordance with this section.
(c)
Sanctions for unprofessional conduct shall be established by the committee.
Acts 2014 , ch. 918, § 2.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 3 - APPLIED BEHAVIOR ANALYST LICENSING COMMITTEE (§§ 63-11-301 — 63-11-312) › Section 63-11-311 - Reciprocal licensing

(a)
(1)
The committee may, in its discretion, grant a license to any person residing or employed in this state who has not previously failed to attain a license as a behavior analyst or assistant behavior analyst and who, at the time of application:
(A)
Is licensed or certified by a similar entity in another state whose standards, in the opinion of the committee, are not less stringent than those required by this part; and
(B)
Is able to satisfy the committee that to grant such person a license would be in the public interest.
(2)
(A)
When the board receives a completed application for licensure from an applicant who is licensed in another state or territory of the United States or in the District of Columbia, then the board shall, within sixty (60) days from the date the board receives the completed application:
(i)
Render a decision on the application; or
(ii)
Inform the applicant of the need to appear before the board.
(B)
As used in this subdivision (a)(2), "completed application" means an application that satisfies all statutory and board rule requirements.
(b)
Notwithstanding subsection (a), the committee shall grant a license to a person who at the time of application:
(1)
Is licensed or certified in good standing with a similar entity of another state;
(2)
Is certified as a BCBA, a BCBA-D or a BCABA; and
(3)
Can show reasonable proof that the applicant has available employment in this state.
Amended by 2023 Tenn. Acts, ch. 426,s 6, eff. 5/11/2023.
Acts 2014 , ch. 918, § 2.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 3 - APPLIED BEHAVIOR ANALYST LICENSING COMMITTEE (§§ 63-11-301 — 63-11-312) › Section 63-11-312 - Administration of behavioral scales by LBA

(a)
An LBA may administer behavioral scales that are within the scope of the practice of applied behavior analysis.
(b)
When administering behavioral scales, an LBA:
(1)
Shall only use the results of the behavioral scales to guide treatment planning or monitor the progress of treatment for behavioral disorders;
(2)
Shall not interpret the overall results or use the results of the scales for diagnosis, an overall conceptualization of psychological functioning, intelligence, or neuropsychological functioning; and
(3)
May submit the scores derived from behavioral scales to an insurer if the LBA is required to do so.
Added by 2022 Tenn. Acts, ch. 758, s 1, eff. 3/31/2022.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 4 - PROFESSIONAL ART THERAPY (§§ 63-11-401 — 63-11-411) › Section 63-11-401 - Professional art therapist advisory committee - License required for practice of art therapy

(a)
The practice of art therapy in this state is declared to affect the public health, safety, and welfare of citizens of this state.
(b)
To assist the board of examiners in psychology in the performance of its duties, there is established the professional art therapist advisory committee to protect the public from:
(1)
The practice of art therapy by unqualified persons; and
(2)
Unprofessional, unethical, and harmful conduct by art therapy practitioners.
(c)
A person shall not represent to be or function as a professional art therapist in this state unless the person holds a valid license issued by the advisory committee. The committee shall also regulate the practice of art therapy.
Added by 2021 Tenn. Acts, ch. 160, s 2, eff. 7/1/2022.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 4 - PROFESSIONAL ART THERAPY (§§ 63-11-401 — 63-11-411) › Section 63-11-404 - Promulgation of rules - Other duties of advisory committee

(a)
The advisory committee shall:
(1)
Promulgate rules for the implementation of this part, including rules to establish:
(A)
Requirements and procedures for licensure and licensure renewal for licensed professional art therapists and associate art therapists;
(B)
Standards of practice, ethics, and professional responsibility to govern the conduct of persons licensed under this part;
(C)
Standards and requirements for engaging in private outpatient independent practice of professional art therapy;
(D)
Procedures for investigating reports of professional misconduct and unlawful acts by licensed professional art therapists; and
(E)
Criteria and procedures for licensure by endorsement and reciprocity, waiver of examinations, and temporary licenses;
(2)
Establish reasonable and necessary fees for licensure and licensure renewal that, in the aggregate, cover the cost of administering this part; and
(3)
Maintain a list of persons holding licenses under this part, to be provided to any interested party upon written request.
(b)
The advisory committee shall also:
(1)
Review issues related to complaints and disciplinary actions involving licensed professional art therapists;
(2)
Review the qualifications of licensure applications and issue licenses to individuals who meet the requirements for licensure under this part;
(3)
Establish requirements for supervised clinical practice by associate art therapists engaged in the practice of professional art therapy to fulfill requirements for licensure under this part;
(4)
Establish guidelines and criteria for continuing education for the renewal of licenses; and
(5)
Perform additional duties and responsibilities as requested by the board.
(c)
The rules promulgated by the advisory committee for the implementation of this part must:
(1)
Provide for the requirements for licensure as set forth in §
63-11-405
; and
(2)
Take into consideration the standards of ethics and professional conduct of the Code of Ethics, Conduct and Disciplinary Procedures of the Art Therapy Credentials Board, Inc., and other national mental health organizations in effect on January 1, 2021.
Added by 2021 Tenn. Acts, ch. 160, s 2, eff. 7/1/2022.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 4 - PROFESSIONAL ART THERAPY (§§ 63-11-401 — 63-11-411) › Section 63-11-406 - Reciprocal licensing

(a)
The advisory committee may, at its discretion, grant a license to any person residing or employed in this state who is licensed by a similar entity in another state whose standards, as determined by the advisory committee, are not less stringent than the standards required by this part.
(b)
The advisory committee may enter into a reciprocal agreement with another state or jurisdiction that licenses individuals engaged in the practice of professional art therapy, if the advisory committee determines that the other state has substantially similar or more stringent licensing requirements than this state.
Added by 2021 Tenn. Acts, ch. 160, s 2, eff. 7/1/2022.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 4 - PROFESSIONAL ART THERAPY (§§ 63-11-401 — 63-11-411) › Section 63-11-407 - Term of license - Renewal - Automatic revocation - Required notifications

(a)
A licensed professional art therapist license issued under this part is valid for twenty-four (24) months from the date of issuance.
(b)
A licensee requesting renewal of a license must provide the following to the advisory committee in advance of the expiration date of the license:
(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 licensee:
(A)
Has completed at least forty (40) hours of continuing education prior to the expiration date of the license; and
(B)
Has not had a professional credential revoked, suspended, or restricted by the Art Therapy Credentials Board, Inc., and does not have a complaint, allegation, or investigation pending in this state or in any regulatory jurisdiction for unethical or unprofessional conduct.
(c)
If a licensee fails to submit an application for license renewal and to pay any fee required by the advisory committee prior to the expiration date of the license, then the license 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 license.
(d)
A person whose license is automatically revoked under this section may apply in writing to the advisory committee for reinstatement of the license. 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 license upon the payment of all fees set by the advisory committee.
(e)
Applicants and licensees 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 licensee;
(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 licensee; and
(4)
Any other change in information provided by the applicant or licensee to the committee.
Added by 2021 Tenn. Acts, ch. 160, s 2, eff. 7/1/2022.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 4 - PROFESSIONAL ART THERAPY (§§ 63-11-401 — 63-11-411) › Section 63-11-408 - Use of titles - Practice of professional art therapy - Penalty for violation

(a)
A person shall not use the title "licensed professional art therapist" or "licensed art therapist," or use an abbreviation to indicate or imply that the person is a licensed professional art therapist, in this state unless the person holds a license issued by the advisory committee under this part. This subsection (a) does not prohibit an associate art therapist from using the title "associate art therapist" in accordance with this part.
(b)
A person shall not practice professional art therapy unless the person is:
(1)
Licensed by the advisory committee as a licensed professional art therapist;
(2)
An associate art therapist, as long as the person uses the title of "associate art therapist" and does not represent themselves to the public as a licensed professional art therapist; or
(3)
Exempt from licensure under §
63-11-410
.
(c)
A violation of this section is a Class B misdemeanor, punishable by a fine only, the suspension or revocation of a license issued under this part, or both a fine and loss of licensure.
Added by 2021 Tenn. Acts, ch. 160, s 2, eff. 7/1/2022.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 4 - PROFESSIONAL ART THERAPY (§§ 63-11-401 — 63-11-411) › Section 63-11-409 - Practice with centers - Private outpatient independent practice

(a)
A licensed professional art therapist may practice independently for and with organizations that include, but are not limited to, addiction and rehabilitation centers, art studios and centers, behavioral health hospitals and outpatient settings, cancer treatment centers, community centers, community services boards, correctional facilities, disability services, eating disorder clinics, government agencies, medical hospitals and outpatient settings, military bases and veterans and family services, museums, nonprofits, nursing homes, physical rehabilitation, residential treatment centers, schools, senior living facilities, state programs, and wellness centers.
(b)
Until the advisory committee promulgates rules to establish the requirements for private outpatient independent practice by a licensed professional art therapist, a licensed professional art therapist may only work in a private, outpatient independent setting if the patient is referred to the therapist by:
(1)
A physician licensed under chapter 6 or 9 of this title;
(2)
A psychologist licensed under this chapter;
(3)
A professional counselor licensed under chapter 22 of this title;
(4)
A professional counselor designated as a mental health service provider under chapter 22 of this title;
(5)
A marital and family therapist licensed under chapter 22 of this title;
(6)
A pastoral counselor licensed under chapter 22 of this title;
(7)
A licensed master's social worker licensed under chapter 23 of this title;
(8)
A licensed clinical social worker licensed under chapter 23 of this title; or
(9)
Another advanced medical or mental health professional licensed under this title, as determined by the board.
Added by 2021 Tenn. Acts, ch. 160, s 2, eff. 7/1/2022.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 4 - PROFESSIONAL ART THERAPY (§§ 63-11-401 — 63-11-411) › Section 63-11-410 - Scope of part

(a)
This part does not:
(1)
Require licensure or restrict the activities of a student enrolled in a graduate program in art therapy approved by the advisory committee while practicing art therapy under qualified supervision and as part of an approved course of study; or
(2)
Prohibit or restrict the practice of persons authorized to practice under this title who perform services consistent with the scope of practice of their profession and within the scope of their training and competence; provided, that the persons do not represent themselves to the public as a professional art therapist or as holding a license issued under this part.
(b)
This part does not permit any method of treatment that involves the administration or prescription of drugs or the practice of medicine in this state or permits a person licensed as a professional art therapist to perform psychological testing.
(c)
Subsection (b) does not prohibit a licensed professional art therapist from conducting appraisal activities. Consistent with each licensed professional art therapist's formal education and training, licensed professional art therapists may administer and utilize appropriate art therapy assessment instruments that measure or determine problems or dysfunctions within the context of human growth and development as part of the therapeutic process or in the development of a treatment plan.
Added by 2021 Tenn. Acts, ch. 160, s 2, eff. 7/1/2022.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 4 - PROFESSIONAL ART THERAPY (§§ 63-11-401 — 63-11-411) › Section 63-11-411 - Denial, suspension, or revocation of license or other disciplinary action - Grounds

(a)
The advisory committee may deny a person's application for a license, restrict, suspend, or revoke an existing license, or take other action that the advisory committee deems proper.
(b)
The grounds upon which the advisory committee may exercise the powers enumerated in subsection (a) include, but are not limited to:
(1)
Obtaining or attempting to obtain a license by making a false or misleading statement, failing to make a required statement, or engaging in fraud or deceit in any communication to the advisory committee;
(2)
Violation or attempted violation, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any criminal statute of this state, any provision of this chapter, a rule promulgated by the advisory committee, or any lawful order of the advisory committee issued pursuant to rules;
(3)
Gross or repeated negligence, incompetence, misconduct, or malpractice in professional work including, but not limited to:
(A)
Any physical or mental condition that currently impairs a licensee's competent professional performance or that poses a substantial risk to the recipient of art therapy services;
(B)
Professional conduct that constitutes an extreme and unjustified deviation from the customary standard of practice accepted in the professional practice of art therapy;
(C)
Abandonment of a service recipient resulting in the termination of imminently needed care without adequate notice or provision for transition;
(D)
Professional recordkeeping or data collection that constitutes an extreme and unjustified deviation from the customary standard of practice for the field, or deceptively altering a service recipient's records or data; and
(E)
Unauthorized disclosure of confidential client information, including, but not limited to, client records, art work, and artistic expressions; and
(4)
Any other action deemed to be grounds for disciplinary action under §
63-11-215
.
(c)
All proceedings for disciplinary action against a licensee under this part must be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Added by 2021 Tenn. Acts, ch. 160, s 2, eff. 7/1/2022.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 5 - PSYCHOLOGY INTERJURISDICTIONAL COMPACT ACT (§§ 63-11-501 — 63-11-504) › Section 63-11-501 - Short title

This part is known and may be cited as the "Psychology Interjurisdictional Compact Act."
Added by 2021 Tenn. Acts, ch. 352, s 1, eff. 5/11/2021.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 5 - PSYCHOLOGY INTERJURISDICTIONAL COMPACT ACT (§§ 63-11-501 — 63-11-504) › Section 63-11-503 - Rulemaking

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.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 5 - PSYCHOLOGY INTERJURISDICTIONAL COMPACT ACT (§§ 63-11-501 — 63-11-504) › Section 63-11-504 - Effective date of compact; notice to revisor of statutes

This part takes effect on the date the compact is enacted into law in the seventh compact state. The board of examiners in psychology shall notify the revisor of statutes in writing when the condition specified in this section has occurred.
Added by 2021 Tenn. Acts, ch. 352, s 1, eff. 5/11/2021.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 6 - MUSIC THERAPY (§§ 63-11-601 — 63-11-613) › Part 6 - MUSIC THERAPY

(a)
The practice of music therapy in this state is declared to affect the public health, safety, and welfare of citizens of this state.
(b)
To assist the board of examiners in psychology in the performance of its duties, there is established the professional music therapy advisory committee of the board of examiners in psychology to protect the public from:
(1)
The practice of clinical music therapy by unqualified persons; and
(2)
Unprofessional, unethical, and harmful conduct by music therapy practitioners.
(c)
A person shall not represent to be or function as a professional music therapist in this state unless the person holds a valid certificate issued by the advisory committee. The committee shall also regulate the practice of music therapy.
(d)
This part does not restrict the non-clinical, non-therapeutic music intervention of the Tennessee person-centered music program administered by the Tennessee commission on aging and disability, created by § 71-2-104, and associated area agencies on aging and disability or their representatives.
Added by 2024 Tenn. Acts, ch. 1010,s 2, eff. 1/1/2025.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 6 - MUSIC THERAPY (§§ 63-11-601 — 63-11-613) › Section 63-11-601 - [Effective 1/1/2025]

(a)
The practice of music therapy in this state is declared to affect the public health, safety, and welfare of citizens of this state.
(b)
To assist the board of examiners in psychology in the performance of its duties, there is established the professional music therapy advisory committee of the board of examiners in psychology to protect the public from:
(1)
The practice of clinical music therapy by unqualified persons; and
(2)
Unprofessional, unethical, and harmful conduct by music therapy practitioners.
(c)
A person shall not represent to be or function as a professional music therapist in this state unless the person holds a valid certificate issued by the advisory committee. The committee shall also regulate the practice of music therapy.
(d)
This part does not restrict the non-clinical, non-therapeutic music intervention of the Tennessee person-centered music program administered by the Tennessee commission on aging and disability, created by § 71-2-104, and associated area agencies on aging and disability or their representatives.
Added by 2024 Tenn. Acts, ch. 1010,s 2, eff. 1/1/2025.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 6 - MUSIC THERAPY (§§ 63-11-601 — 63-11-613) › Section 63-11-602 - [Effective 1/1/2025]

As used in this part:
(1)
"Advisory committee" means the professional music therapy advisory committee of the board of examiners in psychology, created by § 63-11-601;
(2)
"Board" means the board of examiners in psychology;
(3)
"Board-certified music therapist" means a person who holds a current board certification from the certification board for music therapists;
(4)
"Certified professional music therapist" means a person certified to practice music therapy under this part;
(5)
"Music intervention" means the use of music in an individualized approach that includes music improvisation, receptive music listening, song writing, lyric discussion, music and imagery, singing, music performance, learning through music, music combined with other arts, music-assisted relaxation, music-based education, electronic music technology, adapted music intervention, and movement to music, that may be used in a clinical, therapeutic relationship or in a non-clinical, non-therapeutic manner; and
(6)
"Music therapy":
(A)
Means the clinical and evidence-based use of music interventions to accomplish individualized goals for people of all ages and ability levels within a therapeutic relationship by a board-certified music therapist; and
(B)
Does not include the screening, diagnosis, or assessment of any physical, mental, or communication disorder.
Added by 2024 Tenn. Acts, ch. 1010,s 2, eff. 1/1/2025.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 6 - MUSIC THERAPY (§§ 63-11-601 — 63-11-613) › Section 63-11-604 - [Effective 1/1/2025]

(a)
The advisory committee shall:
(1)
Promulgate rules for the implementation of this part, including rules to establish:
(A)
Requirements and procedures for certification and certification renewal for certified professional music therapists;
(B)
Standards of practice, ethics, and professional responsibility to govern the conduct of persons certified under this part;
(C)
Procedures for investigating reports of professional misconduct and unlawful acts by certified professional music therapists; and
(D)
Criteria and procedures for certification by endorsement and reciprocity, waiver of examinations, and temporary certificates;
(2)
Establish reasonable and necessary fees for certification and certification renewal that, in the aggregate, cover the cost of administering this part; and
(3)
Maintain a list of persons holding certificates under this part, to be provided to any interested party upon written request.
(b)
The advisory committee shall also:
(1)
Review issues related to complaints and disciplinary actions involving certified professional music therapists;
(2)
Review the qualifications of certification applications and issue certificates to persons who meet the requirements for certification under this part;
(3)
Establish guidelines and criteria for continuing education for the renewal of certificates; and
(4)
Perform additional duties and responsibilities as requested by the board.
(c)
The advisory committee may:
(1)
Facilitate the development of materials to educate the public concerning music therapist certification, the benefits of music therapy, and utilization of music therapy by persons and in facilities or institutional settings; and
(2)
Facilitate the statewide dissemination of information between music therapists, the American Music Therapy Association or any successor organization, the Certification Board for Music Therapists or any successor organization, and the advisory committee chair.
(d)
The rules promulgated by the advisory committee for the implementation of this part must:
(1)
Provide for the requirements for certification as set forth in § 63-11-605;
(2)
Take into consideration the standards of ethics and professional conduct of the code of ethics of the American Music Therapy Association and code of professional ethics of the Certification Board for Music Therapists in effect on January 1, 2025, or any successor organization.
Added by 2024 Tenn. Acts, ch. 1010,s 2, eff. 1/1/2025.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 6 - MUSIC THERAPY (§§ 63-11-601 — 63-11-613) › Section 63-11-605 - [Effective 1/1/2025]

(a)
Applicants for certification as a certified professional music therapist shall submit an application and fee to the advisory committee.
(b)
The application must include evidence that the applicant meets the following requirements for certification:
(1)
The applicant has attained the age of majority;
(2)
The applicant is of good moral character and conducts the applicant's professional activities in accordance with accepted professional and ethical standards;
(3)
The applicant has not had a professional credential refused, revoked, suspended, or restricted and does not have a complaint, allegation, or investigation pending in any regulatory jurisdiction in the United States or in another country for unprofessional conduct, unless the advisory committee finds that the conduct has been corrected or that mitigating circumstances exist that prevent resolution;
(4)
The applicant:
(A)
Holds a bachelor's degree or higher in music therapy, or its equivalent, including clinical training hours from a music therapy program within an accredited college or university;
(B)
Provides proof of passing the examination for board certification offered by the certification board for music therapists or any successor organization or provides proof of being transitioned into board certification; and
(C)
Provides proof that the applicant is currently a board-certified music therapist.
Added by 2024 Tenn. Acts, ch. 1010,s 2, eff. 1/1/2025.