reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 26 - ELECTROLOGISTS PRACTICE ACT (§§ 63-26-101 — 63-26-127) › Section 63-26-126 - Assistance of district attorneys general

The commissioner shall at all times have the power to call upon the district attorneys general in the various districts to assist the commissioner. It is hereby declared to be the duty of all district attorneys general throughout the state to assist the commissioner, upon the commissioner's request, in any suit for injunction or prosecution instituted by the commissioner, without charge or additional compensation.
Acts 1988, ch. 896, § 28; 1993, ch. 342, § 1; T.C.A., §62-34-226; Acts 2009 , ch. 456, § 34.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 26 - ELECTROLOGISTS PRACTICE ACT (§§ 63-26-101 — 63-26-127) › Section 63-26-127 - Penalties - Disposition of fines

(a)
Any person who practices electrology without a license commits a Class C misdemeanor.
(b)
Each violation of this chapter constitutes a separate offense.
(c)
All civil penalties for a violation of this chapter shall be paid to the commissioner and given to the state treasurer as provided in §
63-26-107
.
Acts 1988, ch. 896, § 29; 1989, ch. 591, § 113; 1993, ch. 342, § 1; T.C.A., §62-34-227; Acts 2009 , ch. 456, §§ 35, 40.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 27 - RESPIRATORY CARE PRACTITIONER ACT (§§ 63-27-101 — 63-27-117) › Section 63-27-101 - Short title

This chapter shall be known and may be cited as the "Respiratory Care Practitioner Act."
Acts 1986, ch. 610, § 1; T.C.A. § 63-6-401; Acts 1998, ch. 1106, § 55.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 27 - RESPIRATORY CARE PRACTITIONER ACT (§§ 63-27-101 — 63-27-117) › Section 63-27-104 - Powers of board

(a)
In addition to the powers elsewhere in this chapter, the board has the duty to:
(1)
(A)
Promulgate, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, all rules that are reasonably necessary for the performance of the various duties imposed upon the board by this chapter. Except as otherwise specifically provided by this subdivision (a)(1)(A), all rules relating exclusively to registered respiratory therapists, certified respiratory therapists or respiratory assistants shall be initiated and adopted by a majority of the members of the board. Subject to the limitations contained in this section, all rulemaking authority delegated by this chapter shall be vested in the board. The board shall conduct at least one (1) public hearing each year, and shall undertake such other activities as shall be reasonably necessary, to solicit comments from license and certificate holders and the public concerning policies of the board relating to respiratory care, as well as any problems existing within the practice of respiratory care that may affect the public;
(B)
Within the maximum limitations established elsewhere in this chapter, fees relating to the practice of respiratory care shall be set by the board in an amount sufficient to pay all of the expenses of the board;
(2)
Issue, under the board's name, all licenses approved by the board and to maintain a registry of all license holders. It is the duty of the board to review and approve the qualifications of applicants for licensure or renewal as registered respiratory therapists, certified respiratory therapists or respiratory assistants. The board may limit, restrict, or impose one (1) or more conditions on a license at the time it is issued, renewed, reactivated, or reinstated; and
(3)
Collect or receive all fees, fines and moneys owed pursuant to this chapter and to pay the same into the general fund of the state.
(b)
[deleted by 2024 amendment].
Amended by 2024 Tenn. Acts, ch. 944,s 8, eff. 7/1/2024.
Acts 1986, ch. 610, § 1; T.C.A. § 63-6-404; Acts 1998, ch. 1106, §§ 5 - 7, 27 - 29, 31, 32, 55; 2000, ch. 621, §§ 2 - 5.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 27 - RESPIRATORY CARE PRACTITIONER ACT (§§ 63-27-101 — 63-27-117) › Section 63-27-106 - Registered respiratory therapist

(a)
The knowledge and skills for performing the functions of a registered respiratory therapist shall be acquired by academic and clinical preparation in a respiratory care program approved by the Commission on Accreditation of Allied Health Education Programs (CAAHEP) or its successor organization or other accrediting organization recognized by the board or by registry from the National Board for Respiratory Care. Registered respiratory therapists may assume primary clinical responsibility for all respiratory care modalities. Such modalities shall include, but are not limited to, accepting telephone and verbal orders and responsibilities involving the supervision of certified respiratory therapists and respiratory assistants.
(b)
Under the supervision of a physician, a registered respiratory therapist may be required to exercise considerable independent clinical judgment in the respiratory care of patients. The registered respiratory therapist must also be capable of serving as a technical resource person to the physician regarding current practices in respiratory care and to the hospital staff regarding effective and safe methods for administering respiratory care.
Acts 1986, ch. 610, § 1; 1987, ch. 192, § 1; T.C.A. §63-6-406; Acts 1998, ch. 1106, §§ 27 - 29, 53, 55; 2000, ch. 621, §§ 2, 3.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 27 - RESPIRATORY CARE PRACTITIONER ACT (§§ 63-27-101 — 63-27-117) › Section 63-27-107 - Certified respiratory therapist

(a)
The knowledge and skills for performing the functions of a certified respiratory therapist shall be acquired by academic and clinical preparation in a respiratory care program approved by the Commission on Accreditation of Allied Health Education Programs (CAAHEP) or its successor organization or other accrediting organization recognized by the board or by certification from the National Board for Respiratory Care. Under the supervision of a physician, certified respiratory therapists may assume clinical responsibility for specified respiratory care modalities involving the application of well-defined therapeutic techniques.
(b)
The certified respiratory therapist's role shall not require the exercising of independent, clinical judgment; however, the certified respiratory therapist may be expected to adjust or modify therapeutic techniques within well-defined procedures based on a limited range of patient responses. Therefore, the effective use of the certified respiratory therapist, especially in the critical care setting, shall require the supervision of a physician experienced in respiratory care. The certified respiratory therapist may accept telephone or verbal orders and responsibilities involving the supervision of respiratory care therapists and respiratory assistants.
Acts 1986, ch. 610, § 1; 1987, ch. 192, § 2; T.C.A. §63-6-407; Acts 1998, ch. 1106, §§ 28, 53, 55; 2000, ch. 621, § 2.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 27 - RESPIRATORY CARE PRACTITIONER ACT (§§ 63-27-101 — 63-27-117) › Section 63-27-108 - Respiratory assistants

(a)
The knowledge and skills for performing the functions of a respiratory assistant shall be acquired through compliance with the requirements of §
63-27-102(4)
.
(b)
The assistant's role shall not include the exercising of independent, clinical judgment. The assistant may be expected to adjust or modify therapeutic techniques within well-defined procedures based on a limited range of patient responses. Therefore, the use of the assistant requires the supervision of a registered respiratory therapist, certified respiratory therapist, or physician experienced in respiratory care. No assistant shall be permitted to perform the functions for which the assistant is certified on a critical care patient being maintained on mechanical ventilation, unless the assistant possesses a certificate that indicates the assistant has passed the critical care section of the board approved examination for respiratory assistants.
Acts 1986, ch. 610, § 1; 1987, ch. 192, § 3; T.C.A. §63-6-408; Acts 1998, ch. 1106, §§ 27 - 29, 55; 2000, ch. 621, §§ 2, 3.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 27 - RESPIRATORY CARE PRACTITIONER ACT (§§ 63-27-101 — 63-27-117) › Section 63-27-109 - Continuing education - Revocation of license - Retirement

(a)
Every licensed respiratory care practitioner shall obtain, during each calendar year, at least ten (10) hours of continuing professional respiratory care education that meets the guidelines established for such continuing education by the rules of the board. Each licensed practitioner shall maintain written proof of obtaining such continuing education for a period of at least three (3) years and shall, upon request, make such proof available to the board or the division.
(b)
The board shall approve only those continuing education courses that conform with the guidelines established by the rules of the board. Providers of such courses shall also be approved by the board in accordance with guidelines established by the rules of the board. Course offerings approved for in-service training by the joint commission on accreditation of health care organizations and in-service training programs sponsored or conducted by the Tennessee Society of Respiratory Care shall be deemed to be approved courses.
(c)
The rules of the board may establish exceptions from the requirements of this section in emergency or hardship cases. Such cases shall be individually reviewed and approved by the board.
(d)
When any such person shall fail to renew that person's license and pay the renewal fee after renewal becomes due, the license of such person shall be automatically revoked without further notice or hearing unless renewal is made and all fees paid prior to the expiration of sixty (60) days from the date such renewal becomes due.
(e)
Any person licensed to practice by this chapter, who has retired or may hereafter retire from such practice in this state, shall not be made to register as required by this chapter if such person shall file with the board, an affidavit on a form to be furnished by the board, which affidavit shall state the date on which such person retired from such practice and such other facts as shall tend to verify such retirement as the board shall deem necessary. If such person thereafter reengages in such practice in this state, such person shall apply for registration with the board as provided by this chapter and shall meet other requirements as may be set by the board.
Acts 1986, ch. 610, § 1; 1987, ch. 192, § 14; 1993, ch. 86, §§ 5, 6; T.C.A. § 63-6-409; Acts 1998, ch. 1106, §§9 - 12, 35 - 37, 55; 2000, ch. 621, § 6.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 27 - RESPIRATORY CARE PRACTITIONER ACT (§§ 63-27-101 — 63-27-117) › Section 63-27-111 - Prohibited practices - Criminal penalties

(a)
No person shall by verbal claim, advertisement, letterhead, card, or in any other way, claim to be a registered respiratory therapist, certified respiratory therapist or respiratory assistant unless such person possesses a valid license issued pursuant to this chapter.
(b)
It is unlawful for any person to practice or offer to practice respiratory care unless such person has been duly licensed under this chapter, except as provided in §
63-27-110
.
(c)
Each violation of this section is a Class A misdemeanor.
Acts 1986, ch. 610, § 1; 1989, ch. 591, §§ 1, 6; 1998, ch. 1106, §§27 - 29, 38, 39, 55; 2000, ch. 621, §§ 2, 3.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 27 - RESPIRATORY CARE PRACTITIONER ACT (§§ 63-27-101 — 63-27-117) › Section 63-27-113 - Required credentials for registered respiratory therapist

Any person currently licensed as a registered respiratory therapist who has not obtained the credential "registered respiratory therapist (RRT)" from the National Board for Respiratory Care shall have until January 1, 2004, to obtain such credential in order to continue being licensed as a registered respiratory therapist in this state. If such person has not obtained such credential by January 1, 2004, such person's license shall be renewed as a certified respiratory therapist license when it is next renewed.
Acts 1986, ch. 610, § 1; 1987, ch. 192, § 11; T.C.A. §63-6-413; Acts 1998, ch. 1106, §§ 16, 17, 27 - 29, 42, 55; 2000, ch. 621, §§ 2, 3; 2002, ch. 662, § 6.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 27 - RESPIRATORY CARE PRACTITIONER ACT (§§ 63-27-101 — 63-27-117) › Section 63-27-115 - Blood gas analysis - Performance of blood gas laboratory functions

Blood gas analysis, and maintenance and quality assurance of a blood gas laboratory may not be performed by any practitioner licensed under this chapter unless:
(1)
In the case of a registered respiratory therapist or certified respiratory therapist, the registered respiratory therapist or certified respiratory therapist:
(A)
Has been trained in blood gas analysis as approved by the board;
(B)
Has been granted a license by the board bearing the endorsement "ABG analyst"; and
(C)
Holds either the NBRC credentials "CRT," "CRTT" or "RRT" or has passed a board approved examination testing competency for blood gas analysis; and
(2)
In the case of a respiratory assistant:
(A)
Has been trained in blood gas analysis as approved by the board;
(B)
Has been granted a license by the board bearing the endorsement "ABG analyst"; and
(C)
Has passed a board approved examination testing competency for blood gas analysis. The National Board for Respiratory Care entry level examination, as provided to the board by the NBRC, by contract, is the examination accepted by the board. This examination will not grant the respiratory assistant the NBRC credential. In addition, the board reserves the right to write its own state council examination or contract with other national testing organizations.
Acts 1987, ch. 192, § 10; T.C.A. § 63-6-415; Acts 1998, ch. 1106, §§ 19, 20, 27 - 29, 43, 55; 2000, ch. 621, §§ 2, 3, 11; 2002, ch. 662, § 7.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 27 - RESPIRATORY CARE PRACTITIONER ACT (§§ 63-27-101 — 63-27-117) › Section 63-27-116 - Licenses for registered respiratory therapist and certified respiratory therapist - Temporary license - Reciprocity

(a)
The board may issue a temporary license to an individual applicant who has completed the required respiratory care educational program but who has not yet successfully completed the NBRC examination. A temporary license shall automatically expire one (1) year from its date of issuance and may not be renewed.
(b)
The board may issue a license to practice respiratory care by endorsement to an applicant who is currently licensed to practice respiratory care under the laws of another state, territory or country if the qualifications of the applicant are deemed by the board to be equivalent to those required in this state.
(c)
(1)
The board may authorize any of its members or its consultant to conduct a review of the qualifications of an applicant for a license or temporary license to practice respiratory care in this state and to make an initial determination as to whether the applicant has met all the requirements for a license or temporary license. If the board member or board consultant determines that the applicant has met all the requirements for a license or temporary license, the applicant is then authorized to practice respiratory care in this state until the board makes a final decision on the application for a license or temporary license. The board may authorize the use of this procedure with respect to applicants for license renewal or reinstatement as well. In no event shall the temporary authorization issued pursuant to a determination made by the board member or board consultant be effective for longer than a six (6) month period measured from the date of issuance. This process shall not be utilized by the applicant more than once.
(2)
If temporary authorization, pursuant to this subsection (c), is issued to an applicant for a license to practice respiratory care in this state and if the subsequent decision of the board is to deny the application based upon a good faith determination that the applicant has not, in fact, complied with all the requirements for a license, then the doctrine of estoppel shall not apply against the state based upon its issuance of temporary authorization and its subsequent denial of licensure.
Acts 1993, ch. 86, § 3; 1996, ch. 738, § 1; T.C.A. §63-6-416; Acts 1998, ch. 1106, §§ 21 - 23, 28, 29, 47, 49, 55; 2000, ch. 621, §§ 2, 3; 2002, ch. 662, § 8.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 27 - RESPIRATORY CARE PRACTITIONER ACT (§§ 63-27-101 — 63-27-117) › Section 63-27-117 - Training for respiratory equipment delivery technicians

As a part of its licensing and regulation of home medical equipment providers under §
68-11-226
, the board for licensing health care facilities shall establish uniform standards to ensure the competency of persons who deliver and install respiratory equipment.
Acts 1993, ch. 86, § 4; T.C.A. § 63-6-417; Acts 1998, ch. 1106, §§ 28, 29, 54, 55.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 28 - CLINICAL PERFUSIONIST LICENSURE ACT (§§ 63-28-101 — 63-28-118) › Section 63-28-101 - Short title

This chapter shall be known and may be cited as the "Clinical Perfusionist Licensure Act."
Acts 1999, ch. 239, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 28 - CLINICAL PERFUSIONIST LICENSURE ACT (§§ 63-28-101 — 63-28-118) › Section 63-28-102 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Board" means the board of medical examiners, created by chapter 6 of this title;
(2)
"Committee" means the committee for clinical perfusion;
(3)
"Division" means the division of health related boards;
(4)
"Extracorporeal circulation" means the diversion of a patient's blood through a heart-lung machine or a similar device that assumes the functions of the patient's heart, lungs, kidneys, liver or other organs;
(5)
"Licensed clinical perfusionist" means a person licensed pursuant to this chapter;
(6)
"Perfusion" means the functions necessary for the support, treatment, measurement or supplementation of the cardiovascular, circulatory or respiratory systems, or other organs, or a combination of such activities, and to ensure the safe management of physiologic functions by monitoring and analyzing the parameters of the systems under an order and under the supervision of a licensed physician, including:
(A)
The use of extracorporeal circulation, long-term cardiopulmonary support techniques including extracorporeal carbon dioxide removal and extracorporeal membrane oxygenation and associated therapeutic and diagnostic technologies;
(B)
Counterpulsation, ventricular assistance, autotransfusion, blood conservation techniques, myocardial and organ preservation, extracorporeal life support and isolated limb perfusion;
(C)
The use of techniques involving blood management, advanced life support and other related functions; and
(D)
In the performance of the acts described in this subdivision (6), the administration of:
(i)
Pharmacological and therapeutic agents; or
(ii)
Blood products or anesthetic agents through the extracorporeal circuit or through an intravenous line as ordered by a physician;
(E)
The performance and use of:
(i)
Anticoagulation monitoring and analysis;
(ii)
Physiologic monitoring and analysis;
(iii)
Blood gas and chemistry monitoring and analysis;
(iv)
Hematological monitoring and analysis;
(v)
Hypothermia and hyperthermia;
(vi)
Hemoconcentration and hemodilution; and
(vii)
Hemodialysis; and
(F)
The observation of signs and symptoms related to perfusion services, the determination of whether the signs and symptoms exhibit abnormal characteristics and the implementation of appropriate reporting, clinical perfusion protocols or changes in, or the initiation of, emergency procedures;
(7)
"Perfusion protocols" means perfusion-related policies and protocols developed or approved by a licensed health care facility or a physician through collaboration with administrators, licensed clinical perfusionists and other health care professionals; and
(8)
"Provisional licensed clinical perfusionist" means a person provisionally licensed pursuant to this chapter.
Acts 1999, ch. 239, § 2.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 28 - CLINICAL PERFUSIONIST LICENSURE ACT (§§ 63-28-101 — 63-28-118) › Section 63-28-103 - License eligibility

A person is eligible to make application to the committee and receive a license if such person is actively engaged in the practice of perfusion consistent with this chapter and if such person, on January 1, 2000, has at least four (4) years' experience, within the immediately preceding six (6) years, operating cardiopulmonary bypass systems during cardiac surgical cases in a licensed health care facility as the person's primary function.
Acts 1999, ch. 239, § 3.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 28 - CLINICAL PERFUSIONIST LICENSURE ACT (§§ 63-28-101 — 63-28-118) › Section 63-28-104 - Committee to issue licenses

The committee shall license by examination, or otherwise as provided in this chapter, all licensed clinical perfusionists in this state who meet the requirements of this chapter.
Acts 1999, ch. 239, § 4.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 28 - CLINICAL PERFUSIONIST LICENSURE ACT (§§ 63-28-101 — 63-28-118) › Section 63-28-105 - Application - Qualification for examination

(a)
A candidate for a license to practice as a licensed clinical perfusionist shall submit an application accompanied by the required fees. The committee shall prescribe the form of the application and the dates by which applications and fees must be received.
(b)
To qualify for the licensing examination, the applicant shall have successfully completed a perfusion education program approved by the committee. In approving perfusion education programs necessary for qualification for licensing examination, the committee shall approve only a program that has education standards established by the accreditation committee for perfusion education and approved by the Commission on Accreditation of Allied Health Education Programs (CAAHEP) or its successor.
Acts 1999, ch. 239, § 5.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 28 - CLINICAL PERFUSIONIST LICENSURE ACT (§§ 63-28-101 — 63-28-118) › Section 63-28-106 - Competency examination

(a)
Except as otherwise provided in this chapter, to qualify for a license, an applicant shall pass a competency examination. The examination shall be prepared or approved by the committee and administered to qualified applicants at least once each calendar year. The examination prescribed by the committee may be or may include the complete examinations given by the American Board of Cardiovascular Perfusion (ABCP) or its successor organization.
(b)
Not later than forty-five (45) days after the date on which a licensing examination is administered, the division shall notify each examinee of the results of the examination.
(c)
The committee shall establish:
(1)
A limit on the number of times an applicant who fails an examination may retake the examination;
(2)
The requirements for reexamination; and
(3)
The amount of any reexamination fee.
Acts 1999, ch. 239, § 6.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 28 - CLINICAL PERFUSIONIST LICENSURE ACT (§§ 63-28-101 — 63-28-118) › Section 63-28-107 - Renewal of expired and unexpired licenses

(a)
A license to practice perfusion is valid for two (2) years. The committee may provide that licenses expire on various dates. A person may renew an unexpired license by submitting proof of compliance with the continuing professional education requirements prescribed by the committee and paying the required renewal fee to the committee before the expiration date of the license.
(b)
If a person's license has been expired for not more than two (2) years, the person may renew the license by submitting proof, satisfactory to the committee, of compliance with the continuing professional education requirements prescribed by the committee and any penalty fee prescribed by the committee.
(c)
If a person's license has been expired two (2) years or more, the person may not renew the license. The person may obtain a new license by submitting to reexamination and complying with the current requirements and procedures for obtaining a license.
(d)
The committee may renew without reexamination an expired license of a person who was licensed in this state, moved to another state or states, and is currently licensed or certified and has been in practice in another state or states for the two (2) years immediately preceding the person's application to renew a license. The person shall pay the required fee as established by the committee. The committee shall not renew an expired license pursuant to this subsection (d) if such expired license is subject to a penalty or restriction in another state.
(e)
The committee shall notify each license holder in writing of the license expiration date more than thirty (30) days before such date by notice to the license holder at the license holder's last known address according to the records of the committee.
Acts 1999, ch. 239, § 7.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 28 - CLINICAL PERFUSIONIST LICENSURE ACT (§§ 63-28-101 — 63-28-118) › Section 63-28-108 - Provisional licenses

(a)
A license as a provisional licensed clinical perfusionist may be issued by the committee to a person who has successfully completed an approved perfusion education program, has made application to sit for the licensure examination, and upon such person filing an application, paying of the application fee and submitting evidence satisfactory to the committee of the successful completion of the education requirements as provided in this chapter.
(b)
A provisional licensed clinical perfusionist shall be under the supervision and direction of a licensed clinical perfusionist at all times during which the provisional licensed clinical perfusionist performs perfusion. The committee may promulgate rules governing such supervision and direction. Such rules shall not require the immediate physical presence of the supervising licensed clinical perfusionist.
(c)
A provisional license shall be valid for one (1) year from the date it is issued and may be renewed by the same procedures established for the renewal of licenses pursuant to this chapter, if the application for renewal is signed by a supervising licensed clinical perfusionist.
(d)
If the person fails any portion of the licensure examination, such person shall surrender the person's provisional license to the committee.
Acts 1999, ch. 239, § 8.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 28 - CLINICAL PERFUSIONIST LICENSURE ACT (§§ 63-28-101 — 63-28-118) › Section 63-28-109 - Waiver of examination and educational requirements

On receipt of an application and application fee, the committee may waive the examination and educational requirements for an applicant who at the time of application:
(1)
Is appropriately licensed or certified by another state, territory or possession whose requirements for the license or certificate are substantially equivalent to the requirements of this chapter, and such applicant is not under any restriction or encumbrance imposed by such state; or
(2)
Holds a current certificate as a certified clinical perfusionist issued by the American Board of Cardiovascular Perfusion, or its successor.
Acts 1999, ch. 239, § 9.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 28 - CLINICAL PERFUSIONIST LICENSURE ACT (§§ 63-28-101 — 63-28-118) › Section 63-28-110 - Unauthorized use of professional title or designation

(a)
A person may not engage in or offer to engage in perfusion for compensation or use the title or represent or imply that the person has the title of "licensed clinical perfusionist" or "provisional licensed clinical perfusionist" or use the letters "LCP" or "PLCP" and may not use any facsimile of such titles in any manner to indicate or imply that the person is a licensed perfusionist or provisional licensed perfusionist unless the person holds an appropriate license issued pursuant to this chapter.
(b)
A person may not use the title or represent or imply that such person has the title of "certified clinical perfusionist" or use the letters "CCP" and may not use any facsimile of such title in any manner to indicate or imply that such person is a certified clinical perfusionist by the American Board of Cardiovascular Perfusion unless the person holds a certificate as a certified clinical perfusionist issued by the American Board of Cardiovascular Perfusion.
(c)
Any person who violates subsection (a) or (b) commits a Class B misdemeanor.
Acts 1999, ch. 239, § 10.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 28 - CLINICAL PERFUSIONIST LICENSURE ACT (§§ 63-28-101 — 63-28-118) › Section 63-28-111 - Persons exempted from compliance with this chapter

This chapter shall not apply to:
(1)
A person licensed as a health care professional in this state if:
(A)
The person does not represent to the public, directly or indirectly, that the person is licensed pursuant to this chapter, and does not use any name, title or designation indicating that the person is licensed pursuant to this chapter; and
(B)
The person limits the person's acts or practice to the scope of practice authorized by the appropriate licensing agency;
(2)
A student enrolled in an accredited perfusion education program if the perfusion services performed are:
(A)
An integral part of the student's course of study; and
(B)
Performed under the direct supervision of a licensed clinical perfusionist assigned to supervise the student and who is on duty and immediately available in the assigned patient care area; or
(3)
The practice of any legally qualified perfusionist employed by the United States government while in the discharge of the person's official duties.
Acts 1999, ch. 239, § 11.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 28 - CLINICAL PERFUSIONIST LICENSURE ACT (§§ 63-28-101 — 63-28-118) › Section 63-28-113 - Committee chair and vice chair - Meetings - Quorum

Not later than thirty (30) days after the governor appoints the initial members of the committee and annually thereafter, the committee shall meet and elect one (1) of its members as chair and one (1) of its members as vice chair. The committee shall meet annually or at any other time if called by the chair or a majority of the committee. A majority of the members of the committee shall constitute a quorum.
Acts 1999, ch. 239, §13; 2009 , ch. 75, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 28 - CLINICAL PERFUSIONIST LICENSURE ACT (§§ 63-28-101 — 63-28-118) › Section 63-28-114 - Committee powers and duties

(a)
The committee shall:
(1)
Adopt and publish a code of ethics;
(2)
Establish the qualifications and fitness of applicants for licenses, renewal of licenses and reciprocal licenses;
(3)
Establish the grounds for revocation, suspension, or denial of a license;
(4)
Establish the grounds for placing on probation a holder of a license;
(5)
Establish the categories of fees and the amount of fees that may be imposed in connection with a license;
(6)
Establish continuing professional education requirements for licensed clinical perfusionists and provisional licensed clinical perfusionists, the standards of which shall be at least as stringent as those of the American Board of Cardiovascular Perfusion or its successor agency for the license holder's professional duties; and
(7)
Assist in such matters dealing with perfusion as the board may, in its discretion, direct.
(b)
Any actions taken under this section shall only be effective after adoption by a majority vote of the members of the committee. The board of medical examiners, by a majority vote of its members at the next board meeting at which administrative matters are considered, may rescind or supersede any action taken by the committee.
Acts 1999, ch. 239, § 14.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 28 - CLINICAL PERFUSIONIST LICENSURE ACT (§§ 63-28-101 — 63-28-118) › Section 63-28-115 - Complaints

(a)
The committee shall keep an information file about each complaint filed with the committee. The committee's information file shall be kept current and contain a record for each complaint of:
(1)
All persons contacted in relation to the complaint;
(2)
A summary of findings made at each step of the complaint process;
(3)
An explanation of the legal basis and reason for a complaint that is dismissed; and
(4)
Other relevant information.
(b)
If a written complaint is filed with the committee that the committee has authority to resolve, the committee at least as frequently as quarterly and until final disposition of the complaint shall notify the parties to the complaint of the status of the complaint unless the notice would jeopardize an ongoing investigation.
(c)
The committee shall develop a form to standardize information concerning complaints made to the committee. The committee shall prescribe information to be provided to a person when the person files a complaint with the committee.
(d)
The committee shall provide reasonable assistance to a person who wishes to file a complaint with the committee.
Acts 1999, ch. 239, § 15.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 28 - CLINICAL PERFUSIONIST LICENSURE ACT (§§ 63-28-101 — 63-28-118) › Section 63-28-116 - Rules for complaint investigation - Disposal of complaints

(a)
The committee shall promulgate rules pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, concerning the investigation of a complaint filed with the committee. The rules adopted pursuant to this section shall:
(1)
Distinguish between categories of complaints;
(2)
Ensure that complaints are not dismissed without appropriate consideration;
(3)
Require that the board be advised of a complaint that is dismissed and that a letter be sent to the person who filed the complaint explaining the action taken on the dismissed complaint;
(4)
Ensure that the person who filed the complaint has an opportunity to explain the allegations made in the complaint; and
(5)
Prescribe guidelines concerning the categories of complaints that require the use of a private investigator and the procedures for the committee to obtain the services of a private investigator.
(b)
The committee shall dispose of all complaints in a timely manner.
Acts 1999, ch. 239, § 16.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 28 - CLINICAL PERFUSIONIST LICENSURE ACT (§§ 63-28-101 — 63-28-118) › Section 63-28-117 - Revocation or suspension of licenses - Probation of licensees

(a)
The committee shall revoke or suspend a license, place on probation a person whose license has been suspended, or reprimand a license holder if there is proof of:
(1)
Any violation of this chapter;
(2)
Any violation of a rule or code of ethics adopted by the committee; or
(3)
Unprofessional conduct, which includes, but is not limited to:
(A)
Incompetence or gross negligence in carrying out usual perfusion functions;
(B)
A conviction of practicing perfusion without a license or a provisional license;
(C)
The use of advertising relating to perfusion in a way that violates state law;
(D)
Procuring a license or provisional license by fraud, misrepresentation or mistake;
(E)
Making or giving any false statement or information in connection with the application for a license or provisional license;
(F)
Conviction of a felony or of any offense substantially related to the qualifications, functions and duties of a perfusionist, in which event the record of the conviction shall be conclusive evidence of such offense; or
(G)
Impersonating an applicant or acting as proxy for an applicant in any examination required pursuant to this chapter for the issuance of a license.
(b)
An action taken under this section shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 1, part 1 of this title.
Amended by 2018 Tenn. Acts, ch. 745, s 42, eff. 7/1/2018.
Acts 1999, ch. 239, § 17.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 28 - CLINICAL PERFUSIONIST LICENSURE ACT (§§ 63-28-101 — 63-28-118) › Section 63-28-118 - Administrative rules

The committee may promulgate administrative rules pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to administer this chapter.
Acts 1999, ch. 239, § 18.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 29 - MIDWIFERY (§§ 63-29-101 — 63-29-116) › Section 63-29-101 - Findings of general assembly

The general assembly recognizes the need for a person to have the freedom to choose the manner, cost, and setting for giving birth. The general assembly finds that access to prenatal care and delivery services is limited by the inadequate number of providers of such services and that the practice of midwifery may help to reduce this shortage. The general assembly also recognizes the need for the safe and effective delivery of newborn babies and the health, safety, and welfare of their mothers in the delivery process. The general assembly, in the interest of public health, promotes the regulation of the practice of midwifery in this state for the purpose of protecting the health and welfare of women and infants. The general assembly recognizes that midwifery is a profession in its own right and that it is not the practice of medicine.
Acts 2000, ch. 576, § 2.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 29 - MIDWIFERY (§§ 63-29-101 — 63-29-116) › Section 63-29-102 - Chapter definitions

As used in this chapter, unless the context requires otherwise:
(1)
"Antepartal" means occurring during pregnancy;
(2)
"Board" means the board of osteopathic examiners of the department of health to which the council of certified professional midwifery reports;
(3)
"Certified professional midwife (CPM)" means a person who has obtained national certification from the North American Registry of Midwives;
(4)
"Consultation" means exchange of information and advice regarding the client condition and indicated treatment with a physician;
(5)
"Council" means the council of certified professional midwifery;
(6)
"CPM-TN" means certified professional midwife in Tennessee. A "CPM-TN" must be certified to practice midwifery by the North American Registry of Midwives;
(7)
"Department" means the department of health;
(8)
"Intrapartal" means occurring during the process of giving birth;
(9)
"Midwife" means a person who is trained to give the necessary care and advice to women during pregnancy, labor, and the post-birth period, to conduct normal deliveries on the midwive's own responsibility and to care for the newly born infant. The midwife is able to recognize the warning signs of abnormal conditions requiring referral to and/or collaboration with a physician;
(10)
"Midwifery" means the practice of attending low-risk women during pregnancy, labor and the post-birth period with the informed consent of the mother. The scope of midwifery shall include comprehensive care of the pregnant woman during the antepartal phase, intrapartal phase, and postpartal phase, and application of emergency care when necessary;
(11)
"NARM" means the North American Registry of Midwives;
(12)
"Physician" means a person who is duly licensed in the state of Tennessee to practice medicine by the state board of medical examiners or to practice osteopathy by the board; and
(13)
"Postpartal" means occurring subsequent to birth.
Acts 2000, ch. 576, § 3.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 29 - MIDWIFERY (§§ 63-29-101 — 63-29-116) › Section 63-29-103 - Council established

(a)
There is hereby established a council of certified professional midwifery, which shall serve as a subcommittee of and report to the board.
(b)
The council members shall be appointed by the commissioner of health. The council shall consist of six (6) members.
(c)
Members shall be residents of Tennessee.
(d)
Members shall consist of three (3) certified professional midwives, one (1) consumer who has no direct or indirect affiliation with the midwifery profession or industry, one (1) certified nurse midwife, and one (1) physician.
(e)
(1)
Notwithstanding §
3-6-304
or any other law to the contrary, and in addition to all other requirements for membership on the council:
(A)
Any person registered as a lobbyist pursuant to the registration requirements of title 3, chapter 6 who is subsequently appointed or otherwise named as a member of the council shall terminate all employment and business association as a lobbyist with any entity whose business endeavors or professional activities are regulated by the council, prior to serving as a member of the council. This subdivision (e)(1)(A) shall apply to all persons appointed or otherwise named to the council after July 1, 2010;
(B)
No person who is a member of the council shall be permitted to register or otherwise serve as a lobbyist pursuant to title 3, chapter 6 for any entity whose business endeavors or professional activities are regulated by the council during such person's period of service as a member of the council. This subdivision (e)(1)(B) shall apply to all persons appointed or otherwise named to the council after July 1, 2010, and to all persons serving on the council on such date who are not registered as lobbyists; and
(C)
No person who serves as a member of the council shall be employed as a lobbyist by any entity whose business endeavors or professional activities are regulated by the council for one (1) year following the date such person's service on the council ends. This subdivision (e)(1)(C) shall apply to persons serving on the council as of July 1, 2010, and to persons appointed to the council subsequent to such date.
(2)
A person who violates this subsection (e) shall be subject to the penalties prescribed in title 3, chapter 6.
(3)
The bureau of ethics and campaign finance is authorized to promulgate rules and regulations to effectuate the purposes of this subsection (e). All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and in accordance with the procedure for initiating and proposing rules by the ethics commission to the bureau of ethics and campaign finance as prescribed in §
4-55-103
.
(f)
Members of the council shall serve without pay. Members shall be entitled to reimbursement for per diem and travel expenses.
Acts 2000, ch. 576, § 4; 2006, ch. 568, §§1, 2; 2010 , ch. 1011, §§ 3, 4.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 29 - MIDWIFERY (§§ 63-29-101 — 63-29-116) › Section 63-29-104 - Members - Terms of office

The terms of office of the members of the council shall be staggered four-year terms. In making the initial appointments, the commissioner shall appoint four (4) members to four-year terms, three (3) members to three-year terms and two (2) members to two-year terms. All subsequent terms shall be for a period of four (4) years. No member shall be appointed for more than two (2) consecutive terms.
Acts 2000, ch. 576, § 5.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 29 - MIDWIFERY (§§ 63-29-101 — 63-29-116) › Section 63-29-105 - Removal of council member for absenteeism

When a council member is absent from three (3) consecutive meetings without excuse, that member shall be removed from office, and a new member shall be appointed by the commissioner of health. An absence shall be deemed excused if caused by a health problem or condition verified in writing by a physician, or by an accident or similar unforeseeable tragedy or event prior to or at the time of the next council meeting.
Acts 2000, ch. 576, § 6.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 29 - MIDWIFERY (§§ 63-29-101 — 63-29-116) › Section 63-29-106 - Election of chair and vice chair - Quorum - Meetings - Notice - Records

(a)
The council members shall elect annually from their membership a chair and vice chair.
(b)
A quorum shall consist of a majority of the members.
(c)
No final action shall be taken on any matter without a quorum and majority vote of the members present.
(d)
The council shall meet at least once each year.
(e)
Emergency meetings may be called by the chair with written notice to all members.
(f)
Public notice shall be given for all meetings.
(g)
All meetings are open to the public.
(h)
All records are available to the public. Persons wishing to obtain copies of such records may request the same in writing from the council.
Acts 2000, ch. 576, § 7; 2006, ch. 568, § 3.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 29 - MIDWIFERY (§§ 63-29-101 — 63-29-116) › Section 63-29-107 - Responsibilities of council

The council shall:
(1)
Assist and advise the board and the department in developing rules with guidance from the Midwives Alliance of North America's Core Competencies and not inconsistent with the law. The rules shall include, but not be limited to, the allowable scope of midwifery practice regarding use of equipment, procedures, and administration of medication as prescribed by a physician;
(2)
Make recommendations to the board and the department regarding:
(A)
Certified professional midwifery;
(B)
Applications and renewals;
(C)
Development of forms for reporting and receiving certified professional midwifery forms as set forth in this chapter;
(D)
Up-to-date files on all active CPM-TN in Tennessee including emergency plan guidelines; and
(E)
Compilation of annual statistics on CPM-TN deliveries; and
(3)
Educate the public and other providers of obstetrical care about the role of the CPM-TN.
Acts 2000, ch. 576, § 8.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 29 - MIDWIFERY (§§ 63-29-101 — 63-29-116) › Section 63-29-108 - Certification

(a)
A midwife who has met the standards set forth in this chapter may apply to the board for Tennessee certification. An application for Tennessee certification shall provide information as required by this section and as may be required by the board. Except for the American College of Nurse Midwives certified midwives and certified nurse midwives, a certificate under this chapter is required to practice midwifery for monetary compensation in which service has been offered for a fee. A certificate under this chapter is not required for certified nurse midwives who maintain their licensure as registered nurses pursuant to chapter 7 of this title.
(b)
In order to receive certification as a CPM-TN, an applicant shall:
(1)
Obtain certification from NARM and currently hold the title of CPM;
(2)
Read, understand, and agree to practice under the guidelines set forth in this chapter and any rules promulgated pursuant to this chapter; and
(3)
Have proof of current CPR certification including infant or neonatal resuscitation.
Acts 2000, ch. 576, § 9.