reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 24 - ALCOHOL AND DRUG TREATMENT (§§ 68-24-101 — 68-24-701) › Part 6 - LICENSING OF ALCOHOL AND DRUG ABUSE COUNSELORS (§§ 68-24-601 — 68-24-606) › Section 68-24-606 - Adoption of nationally recognized and accepted professional practice domains

(a)
The purpose of this section is to adopt nationally recognized and accepted professional practice domains for licensed alcohol and drug abuse counselors.
(b)
The professional practice domains and transdisciplinary competencies in which licensed alcohol and drug abuse counselors may engage are as follows:
(1)
Clinical evaluation;
(2)
Treatment planning;
(3)
Referral;
(4)
Service coordination;
(5)
Counseling;
(6)
Client, family, and community education;
(7)
Documentation; and
(8)
Professional and ethical responsibilities.
Amended by 2013 Tenn. Acts, ch. 190,s 1, eff. 7/1/2013.
Acts 1997, ch. 453, § 7; T.C.A. § 68-24-609.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 24 - ALCOHOL AND DRUG TREATMENT (§§ 68-24-101 — 68-24-701) › Part 7 - NATIVE AMERICAN ALCOHOL AND DRUG TREATMENT (§ 68-24-701) › Section 68-24-701 - Evaluation of need

Acting in consultation with the Tennessee commission of Indian affairs, the commissioner of mental health and substance abuse services shall appoint an individual who shall serve as head of a volunteer community network to evaluate the needs of Native Americans and their families for effective alcohol and drug treatment in two (2) communities designated by the commissioner. In selecting those communities, the commissioner shall give priority to those locations that would provide accessibility to the greatest number of Native American families residing in Tennessee. In implementing this study program, to the maximum extent reasonably feasible, the commissioner shall strive to assure that Native Americans actually participate in the evaluation of needs and in the recommendations that are made for providing the designated services to Native Americans. As part of the evaluation, study shall be made of funding sources, both governmental and private, that may be available for the provision of alcohol and drug services to Native Americans.
Acts 1995, ch. 431, § 1; 2009, ch. 186, § 36; 2010, ch. 1100, § 127; 2012, ch. 575, § 2.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 29 - TENNESSEE MEDICAL LABORATORY ACT (§§ 68-29-101 — 68-29-139) › Section 68-29-101 - Short title

This chapter shall be known and may be cited as the "Tennessee Medical Laboratory Act."
Acts 1967, ch. 355, § 1; T.C.A., § 53-4101.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 29 - TENNESSEE MEDICAL LABORATORY ACT (§§ 68-29-101 — 68-29-139) › Section 68-29-102 - Purpose of chapter

(a)
It is the purpose of this chapter to protect the public health, safety, and welfare of the people of this state from the hazards of improper performance by medical laboratories. Medical laboratories provide essential services to the patient by furnishing the medical practitioner with vital information that is essential to a determination of the nature, cause, extent, and condition involved, and the people of this state are entitled to receive the highest level of competency, reliability, and accuracy that may be expected from medical laboratories. Unreliable and inaccurate reports may cause unnecessary anxiety, suffering, financial burdens, and even contribute directly to death. It is the intent of this chapter to safeguard the people of this state by regulating the operation of medical laboratories.
(b)
The further purpose of this chapter is to authorize the commissioner to enter into agreements with other states pursuant to the Interlocal Cooperation Act, compiled in title 12, chapter 9, for services to be provided by the department's division of laboratories.
Acts 1967, ch. 355, § 2; 1981, ch. 236, § 1; T.C.A., § 53-4102.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 29 - TENNESSEE MEDICAL LABORATORY ACT (§§ 68-29-101 — 68-29-139) › Section 68-29-105 - Rules and regulations

The board is authorized to adopt, promulgate and publish rules and regulations to effectuate the purposes and provisions of this chapter, which shall include, but not be limited to, the following subject matters:
(1)
The licensure of all medical laboratories and personnel and/or special analysts meeting the licensure requirements of this chapter;
(2)
The determination of the qualification of medical laboratory personnel and/or special analysts by written, oral or practical examination;
(3)
The operation of a medical laboratory evaluation program and the establishment of standards of performance in the examination of specimens. As part of the medical laboratory evaluation program, the board may require medical laboratory personnel or special analysts or both to analyze test samples submitted to them by the board or by an agency approved by the board and report on the results of the analysis;
(4)
The establishment of standards for construction of new, or modification of existing medical laboratories, including plumbing, heating, lighting, ventilation, electrical services and similar conditions, that shall ensure the conduct and operation of the laboratory in a manner that will protect the public health;
(5)
The establishment of standards relating to sanitary conditions within the medical laboratory and its surroundings, including water supply, sewage, the handling of specimens, and general hygiene that shall ensure the protection of the public health;
(6)
The establishment of standards for medical laboratory equipment essential to proper conduct and operation of a medical laboratory;
(7)
The training of medical laboratory personnel and/or special analysts;
(8)
The definition and performance of waived tests;
(9)
The establishment of standards for licensed health care facilities to perform point of care testing; and
(10)
The establishment of continuing educational requirements for medical laboratory personnel and special analysts, which requirements shall not exceed twenty-five (25) hours per year, including, but not limited to, the review and approval of programs and courses.
Acts 1967, ch. 355, § 5; 1973, ch. 141, §§ 1, 2; 1980, ch. 475, § 3; T.C.A. § 53-4105; Acts 1989, ch. 467, § 12; 1996, ch. 647, § 5; 2004, ch. 760, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 29 - TENNESSEE MEDICAL LABORATORY ACT (§§ 68-29-101 — 68-29-139) › Section 68-29-106 - Inspection of medical laboratories

(a)
The board is authorized to require the inspection of the premises and operations of all medical laboratories subject to licensure under this chapter, for the purpose of studying and evaluating the operation, supervision, and procedures of the facilities, and to determine their effect on the health and safety of the people of this state. For this purpose, authorized personnel of the department have the right to enter upon such premises during working hours. Any person obstructing such entry shall be in violation of this chapter.
(b)
Notwithstanding subsection (a), a rural hospital-based laboratory shall maintain, in addition to a license issued by the board, at least one (1) of the following:
(1)
An active Clinical Laboratory Improvement Amendments of 1988 (CLIA) license that includes a certificate of accreditation from an approved accrediting organization recognized under CLIA or by the applicable state agency with designated authority to grant CLIA certification;
(2)
An active certificate of registration;
(3)
An active certificate of compliance; or
(4)
A certificate of hospital accreditation as described in subsection (c).
(c)
Hospital accreditation may be obtained from the health facilities commission, the department of health, the Joint Commission on Accreditation of Healthcare Organizations (JCAHO), DNV Healthcare, or another organization that is authorized to survey hospitals for medicare enrollment purposes by the United States department of health and human services to comply with a condition of participation in the medicare program in accordance with current requirements of the medicare program.
Amended by 2024 Tenn. Acts, ch. 1046,s 2, eff. 5/28/2024.
Acts 1967, ch. 355, § 6; T.C.A., § 53-4106; Acts 1989, ch. 467, § 3.
See Executive Order No. 36 (5/12/2020), which suspended the provisions of Tennessee Code Annotated, T.C.A. 68-29-106, to the extent necessary to suspend the requirement that the Department of Health conduct inspections for medical laboratory applicants for licensure if the applicant laboratory is physically located in the same location where another licensed medical laboratory was located within the thirty (30) days preceding the submission of the new application.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 29 - TENNESSEE MEDICAL LABORATORY ACT (§§ 68-29-101 — 68-29-139) › Section 68-29-107 - Laboratories to report infectious diseases

The board shall require reporting by owners or directors of laboratories of infectious diseases for the protection of the public health. The reports shall not be construed as constituting a diagnosis, nor shall any medical laboratory making such report be held liable under the laws of this state for having violated a trust or confidential relationship. The reports submitted shall be deemed confidential and not subject to public inspection.
Acts 1967, ch. 355, § 7; T.C.A., § 53-4107; Acts 1989, ch. 467, § 12.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 29 - TENNESSEE MEDICAL LABORATORY ACT (§§ 68-29-101 — 68-29-139) › Section 68-29-108 - Reports of medical laboratory operations

The board shall require medical laboratory directors to submit such reports concerning medical laboratory operations as may be necessary to administer this chapter, such as, but not limited to, changes of personnel, services or programs.
Acts 1967, ch. 355, § 8; T.C.A., § 53-4108; Acts 1989, ch. 467, § 12.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 29 - TENNESSEE MEDICAL LABORATORY ACT (§§ 68-29-101 — 68-29-139) › Section 68-29-110 - Schools for training laboratory personnel - Application fees

(a)
The board shall approve medical laboratories or medical laboratory training facilities to operate schools for training laboratory personnel and to employ medical laboratory trainees for training purposes, upon presentation of satisfactory evidence that such laboratories are staffed by qualified personnel and properly equipped and operated to provide training in medical laboratory techniques adequate to prepare individuals to meet the requirements for licensure under this chapter.
(b)
No person shall conduct, maintain or operate a school or schools for the training of laboratory personnel unless approved by the board. All schools that train medical laboratory personnel shall make application for a certificate of approval on forms provided by the board. A fee, in the form of a check or money order, shall accompany the application. Such fee, not to exceed two hundred dollars ($200), will be determined annually by the board. Approval of the school shall be valid for the year for which it is issued. Each certificate of approval shall be renewed on January 1 of each year, by making application on forms provided by the board and the remittance of a fee of one hundred dollars ($100).
Acts 1967, ch. 355, § 10; 1973, ch. 141, § 3; 1975, ch. 365, § 3; T.C.A., § 53-4110; Acts 1986, ch. 743, § 1; 1989, ch. 467, § 12.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 29 - TENNESSEE MEDICAL LABORATORY ACT (§§ 68-29-101 — 68-29-139) › Section 68-29-111 - License required to operate a medical laboratory

(a)
No person shall conduct, maintain, or operate a medical laboratory in this state unless a license has been obtained from the board, except laboratories exempt under §
68-29-104
. Unless specifically authorized by the board, an individual shall not be permitted to direct more than one (1) medical laboratory. A separate license shall be obtained for each location.
(b)
(1)
A person shall not conduct, maintain, or operate a rural hospital-based laboratory in this state unless a license has been obtained as described in this part, except for laboratories exempt under § 68-29-104.
(2)
Consistent with the federal requirements of § 353 of the Public Health Service Act (
42 U.S.C. § 263a
), a medical laboratory supervisor may supervise up to five (5) separate rural hospital-based medical laboratories when the rural hospital-based laboratories are located within hospitals designated as rural hospitals in accordance with the current federal health resources and services administration's definition of rural areas.
(3)
A medical laboratory director shall not direct more than five (5) rural hospital-based laboratories, consistent with the federal requirements of § 353 of the Public Health Service Act.
Amended by 2024 Tenn. Acts, ch. 1046,s 3, eff. 5/28/2024.
Acts 1967, ch. 355, § 11; T.C.A., § 53-4111; Acts 1989, ch. 467, § 12.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 29 - TENNESSEE MEDICAL LABORATORY ACT (§§ 68-29-101 — 68-29-139) › Section 68-29-112 - Joint license where laboratory owner is not director - Limitation on application of license

(a)
A license to conduct a medical laboratory, where the owner is not the director, shall be issued jointly to the owner and the director for the purposes stated in the application, and they shall be separately and jointly responsible to the board for the maintenance and conduct of the laboratory or for any violations of this chapter and the regulations promulgated under this chapter.
(b)
A license shall be valid only in the hands of the person or persons to whom it is issued and shall not be the subject of sale, assignment or transfer, voluntary or involuntary, nor shall a license be valid for any premises other than those for which issued.
(c)
A new license may be secured for the new location, director or owner prior to the actual change; provided, that the contemplated change is in compliance with this chapter and the regulations promulgated under this chapter.
Acts 1967, ch. 355, § 12; T.C.A., § 53-4112; Acts 1989, ch. 467, § 12.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 29 - TENNESSEE MEDICAL LABORATORY ACT (§§ 68-29-101 — 68-29-139) › Section 68-29-113 - Application for laboratory license - Fee - Term - Renewal

(a)
An application for a medical laboratory license shall be made under oath, by the owner and director of the medical laboratory or public official responsible for the operation of a city or county medical laboratory or institution that contains a medical laboratory, upon forms provided by the board; provided, that the laboratory is in compliance with the regulations promulgated under the authority of this chapter. The board may issue a temporary license, at no charge to the applicant, which shall be valid for a period of not longer than three (3) months from the date the application is received by the board. After expiration of the three-month period, the applicant shall be issued a permanent license, but, if the laboratory is not in compliance, it shall not be granted a license to operate. A license shall be issued authorizing the performance of one (1) or more medical laboratory procedures or one (1) or more categories of such procedures.
(b)
(1)
A fee, in the form of a check or money order, shall accompany the application. The fee will be set by the board.
(2)
The board shall also set fees for license renewal as required by §
9-4-5117
.
(3)
Each license shall be renewed by making application on forms provided by the department and submission of the fee as set by the board.
(4)
If the licensee fails or neglects to renew the license by the prescribed time, the license may be restored by paying all registration fees due, plus a late monetary penalty and upon finding there are no outstanding violations attributed to the licensee.
Acts 1967, ch. 355, § 13; 1973, ch. 141, § 4; 1975, ch. 365, § 4; 1981, ch. 236, § 7; T.C.A., § 53-4113; Acts 1986, ch. 743, § 1; 1989, ch. 467, §§ 5, 12; 1989, ch. 523, §§ 216, 217; 1990, ch. 1026, § 2.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 29 - TENNESSEE MEDICAL LABORATORY ACT (§§ 68-29-101 — 68-29-139) › Section 68-29-114 - Issuance of laboratory licenses - Restrictions - Qualifications

(a)
A license shall be issued to a medical laboratory to perform only those medical laboratory procedures and tests that are within the specialties or subspecialties in which the medical laboratory director and supervisors are qualified.
(b)
A license shall not be issued, unless the board determines that the medical laboratory is adequately staffed and equipped to operate in conformity with the requirements of this chapter and the regulations promulgated under this chapter.
Acts 1967, ch. 355, § 14; T.C.A., § 53-4114; Acts 1989, ch. 467, § 12.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 29 - TENNESSEE MEDICAL LABORATORY ACT (§§ 68-29-101 — 68-29-139) › Section 68-29-115 - Contents of laboratory license - Display

A medical laboratory license shall specify, on the face of the license, the names of the owner and director, the procedures or categories of procedures authorized, the period for which it is valid, and the location at which such procedures must be performed. The license shall be displayed at all times in a prominent place where it may be viewed by the public.
Acts 1967, ch. 355, § 15; T.C.A., § 53-4115.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 29 - TENNESSEE MEDICAL LABORATORY ACT (§§ 68-29-101 — 68-29-139) › Section 68-29-116 - Licenses required for medical laboratory personnel - Supervision of employees

(a)
No person shall act as a medical laboratory director, supervisor, technologist, technician, laboratory trainee or special analyst and accept a specimen for laboratory examination, unless such person has obtained a license and is registered to act in such capacity by the board; provided, that this section shall not apply to pathologists certified or eligible for certification by the American Board of Pathology, or any other person recognized by the board as having special qualifications and who is duly licensed and registered to practice medicine in the state of Tennessee.
(b)
Persons who collect specimens or report the results of an examination shall be under the supervision of a licensed medical laboratory director, medical laboratory supervisor, or medical laboratory technologist or other persons so designated by the regulations promulgated under authority of this chapter.
(c)
Medical laboratory directors may monitor medical laboratory personnel remotely.
Amended by 2021 Tenn. Acts, ch. 495, s 2, eff. 5/25/2021.
Acts 1967, ch. 355, § 16; 1973, ch. 141, § 5; 1975, ch. 365, § 5; 1980, ch. 475, § 4; T.C.A., § 53-4116; Acts 1989, ch. 467, § 12.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 29 - TENNESSEE MEDICAL LABORATORY ACT (§§ 68-29-101 — 68-29-139) › Section 68-29-118 - Minimal qualifications for medical laboratory personnel and special analysts

(a)
The board shall prescribe minimum qualifications for medical laboratory personnel, to include generalists, specialty and subspecialty categories as dictated by current laboratory practices, and special analysts in microbiology, serology, biochemistry, hematology, immunohematology and biophysics.
(b)
The board shall issue a license to any person who meets the minimum qualifications and who demonstrates that such person possesses the character, training and ability to qualify in those areas for which the license is sought.
(c)
Persons who perform analytic testing or report the results of an examination shall be under the supervision of a licensed medical laboratory director, medical laboratory supervisor, or medical laboratory technologist, or other person so designated by the rules and regulations promulgated under the authority of this chapter and the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1967, ch. 355, § 18; 1980, ch. 475, § 6; T.C.A., § 53-4118; Acts 1989, ch. 467, § 6; 1996, ch. 647, §§ 6, 7.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 29 - TENNESSEE MEDICAL LABORATORY ACT (§§ 68-29-101 — 68-29-139) › Section 68-29-119 - License renewal - Fees - Penalties

Each licensee must renew the licensee's license on forms provided by the board and pay a fee as set by the board. The fee, in the form of a check or money order, shall accompany the renewal application. If a licensee fails or neglects to register such licensee's license by the prescribed time, the licensee's license shall be automatically revoked. The license may be restored by paying all registration fees due, plus a penalty fee. Such penalty fee shall be set by the board.
Acts 1967, ch. 355, § 19; 1975, ch. 365, § 7; T.C.A., § 53-4119; Acts 1986, ch. 743, § 1; 1989, ch. 523, § 220; 1989, ch. 467, § 12.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 29 - TENNESSEE MEDICAL LABORATORY ACT (§§ 68-29-101 — 68-29-139) › Section 68-29-120 - Registration of laboratory trainees

(a)
The board shall register as a laboratory trainee, at no cost, each qualified person who desires trainee status in any laboratory that is approved for training by the board.
(b)
Registration of a medical laboratory trainee shall not be valid for a period in excess of two (2) years.
Acts 1967, ch. 355, § 20; T.C.A., § 53-4120; Acts 1989, ch. 467, § 12.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 29 - TENNESSEE MEDICAL LABORATORY ACT (§§ 68-29-101 — 68-29-139) › Section 68-29-121 - Examination of human specimens - Reports of examinations

(a)
No person, except patients who are performing tests on themselves by order of their physician, shall examine human specimens without the written request of a physician, an intern or resident in an American Medical Association approved training program, a duly licensed optometrist, a duly licensed dentist, a duly licensed chiropractic physician, or other health care professional legally permitted to submit to a medical laboratory a written request for tests appropriate to that professional's practice, or the written request of a law enforcement officer acting in accordance with §
55-10-406
.
(b)
The results of a test shall be reported directly to the physician, optometrist, dentist, chiropractic physician, designated entity or other health care professional who requested it. The report shall include the name of the director and the name and address of the medical laboratory in which the test was actually performed.
(c)
All specimens accepted by medical laboratory personnel and/or special analysts shall be tested on the premises, except that specimens for infrequently performed tests may be forwarded for examination to another medical laboratory licensed under this chapter or licensed or exempt under the federal Clinical Laboratory Improvement Act of 1967 (
42 U.S.C. § 263a
). This shall not be construed as prohibiting the referral of specimens to a medical laboratory excepted under §
68-29-104
. However, the medical laboratory director of the referring medical laboratory shall assume complete responsibility.
(d)
Notwithstanding §
68-29-104(13)
, this section applies to medical personnel employed by and performing testing at a private laboratory.
Amended by 2021 Tenn. Acts, ch. 495, s 5, eff. 5/25/2021.
Acts 1967, ch. 355, § 21; 1973, ch. 141, §§ 7, 8; 1975, ch. 365, § 8; 1980, ch. 475, § 7; T.C.A., § 53-4121; Acts 1990, ch. 1076, §§ 1, 2; 1993, ch. 295, § 6; 1996, ch. 647, §§ 12, 13; 2002, ch. 623, §§ 1, 2; 2007 , ch. 301, § 2.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 29 - TENNESSEE MEDICAL LABORATORY ACT (§§ 68-29-101 — 68-29-139) › Section 68-29-122 - Collection of specimens - Restrictions - Licensing of collection stations

(a)
The medical laboratory board shall be responsible for the establishment of the procedures and standards to be used for the proper collection, handling and preanalytic processing of laboratory samples and may promulgate the necessary rules and regulations for such procedures and standards.
(b)
When blood is withdrawn from a patient in a home for the aged, nursing home residential hospice or recuperation center, or from a patient of a home care organization as these terms are defined in §
68-11-201
, the procedure shall be performed by a trained phlebotomist or a person who has been properly trained to draw blood and has been licensed in this state by the appropriate board for the respective health care profession of such person.
(c)
Collection stations owned and operated as part of a laboratory licensed in Tennessee do not require an additional license. Collection stations owned and operated by laboratories in other states are required to have a Tennessee license. Collection stations shall comply with rules and regulations prescribed by the board.
Acts 1967, ch. 355, § 22; 1973, ch. 141, § 9; T.C.A., § 53-4122; Acts 1990, ch. 1076, § 3; 1995, ch. 525, § 1; 1996, ch. 647, §§ 8, 14.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 29 - TENNESSEE MEDICAL LABORATORY ACT (§§ 68-29-101 — 68-29-139) › Section 68-29-123 - Representation of unlicensed laboratory prohibited - Requirements for collection, transportation and preservation of specimens prescribed by board

(a)
No person shall represent, or maintain an office or specimen collection station or other facilities for the representation of any medical laboratory situated in this state or any other state, that makes examinations in connection with the diagnosis and control of diseases, unless the medical laboratory is licensed in accordance with this chapter.
(b)
The board may, from time to time, determine which tests may be performed on specimens shipped through the mails and may prescribe requirements for collection, transportation and preservation of such specimens.
(c)
A medical laboratory located in another state, which provides services to patients in this state, shall be subject to §
68-29-129(7)
and any other requirements deemed necessary by the board pursuant to this chapter to protect the health and safety of patients in this state.
Amended by 2014 Tenn. Acts, ch. 1007,s 1, eff. 7/1/2014.
Acts 1967, ch. 355, § 23; T.C.A., § 53-4123; Acts 1989, ch. 467, § 12.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 29 - TENNESSEE MEDICAL LABORATORY ACT (§§ 68-29-101 — 68-29-139) › Section 68-29-124 - Records of medical laboratory services

Records involving medical laboratory services and copies of requests and reports of laboratory tests shall be kept for a period of time and in a manner prescribed by the board. They shall be made available to authorized personnel of the board during regular operation hours of the laboratory for inspection.
Acts 1967, ch. 355, § 24; T.C.A., § 53-4124; Acts 1989, ch. 467, § 12.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 29 - TENNESSEE MEDICAL LABORATORY ACT (§§ 68-29-101 — 68-29-139) › Section 68-29-125 - Quality control programs

Each medical laboratory director shall establish the director's own quality control program acceptable to the board, including use of, where applicable, reference or control sera and other biological samples, concurrent calibration standards, and control charts recording.
Acts 1967, ch. 355, § 25; T.C.A., § 53-4125; Acts 1989, ch. 467, § 12.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 29 - TENNESSEE MEDICAL LABORATORY ACT (§§ 68-29-101 — 68-29-139) › Section 68-29-126 - Suspension, revocation or denial of medical laboratory license - Grounds

The board has the power to suspend or revoke a medical laboratory license or to deny the issuance or renewal of a license or deny approval whenever a medical laboratory owner or director or owner of a medical laboratory training facility commits any of the following offenses:
(1)
Making false statements on an application for a medical laboratory license or any other documents required by the board;
(2)
Permitting unauthorized persons to perform technical procedures or to issue or sign reports;
(3)
Demonstrating incompetence or making consistent errors in the performance of medical laboratory examinations and procedures;
(4)
Reporting that is erroneous;
(5)
Performing a test and rendering a report on a test to a person not authorized by law to receive such services;
(6)
Referring a specimen for examination to a medical laboratory which has not been licensed under this chapter, with exceptions noted in §
68-29-104
;
(7)
Rendering a report on medical laboratory work actually performed in another medical laboratory without designating the name of the director and the name and address of the medical laboratory in which the test was performed;
(8)
Having professional connection with or lending the use of the name of the licensed medical laboratory or its director to an unlicensed medical laboratory;
(9)
Making statements, in writing or orally, of a character tending to deceive or mislead physicians, dentists or hospitals;
(10)
Performing cytological and anatomical pathological examinations in a medical laboratory not under the direction of a pathologist certified or eligible for certification by the American Board of Pathology, licensed to practice medicine in the state of Tennessee;
(11)
Violating or aiding and abetting in the violation of any provision of this chapter or the rules and regulations promulgated under this chapter;
(12)
Failing to file any request or report required by this chapter or the rules and regulations promulgated under this chapter; or
(13)
Fraudulent advertising for patronage of the general public by means of bills, posters, circulars, letters, newspapers, magazines, directories, radio, television, or any other medium.
Acts 1967, ch. 355, § 26; 1973, ch. 141, § 10; T.C.A., § 53-4126; Acts 1989, ch. 467, §§ 7, 12.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 29 - TENNESSEE MEDICAL LABORATORY ACT (§§ 68-29-101 — 68-29-139) › Section 68-29-127 - Suspension, revocation or denial of personnel licenses - Grounds

The board has the power to suspend or revoke the licenses of medical laboratory personnel or special analysts or to deny the issuance of a license or a registration certificate whenever medical laboratory personnel or special analysts commit any of the following offenses:
(1)
Making a false statement on an application for a license or any other document required by the board;
(2)
Engaging or attempting to engage or representing oneself as entitled to perform any medical laboratory procedure or category of procedures not authorized in such person's license;
(3)
Demonstrating incompetence or making consistent errors in the performance of medical laboratory examinations or procedures;
(4)
Reporting that is erroneous;
(5)
Performing a test and rendering a report on a test to a person not authorized by law to receive such services;
(6)
Having been convicted of a felony or of any crime involving moral turpitude under the laws of any state or of the United States. The record of conviction or a certified copy of the record shall be conclusive evidence of such conviction;
(7)
Providing professional services while mentally incompetent, or under the influence of alcohol, a narcotic, or other controlled, dangerous substance that is in excess of therapeutic amounts or without valid medical indication;
(8)
Violating or aiding and abetting in the violation of any provisions of this chapter or the rules or regulations promulgated under this chapter;
(9)
Immoral or unethical conduct; or
(10)
Fraudulent advertising for patronage of the general public by means of bills, posters, circulars, letters, newspapers, magazines, directories, radio, television, or any other medium.
Acts 1967, ch. 355, § 27; 1973, ch. 141, § 11; 1980, ch. 475, § 8; T.C.A., § 53-4127; Acts 1989, ch. 467, §§ 8, 9, 12.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 29 - TENNESSEE MEDICAL LABORATORY ACT (§§ 68-29-101 — 68-29-139) › Section 68-29-128 - Suspension or revocation of licenses - Procedure

The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, shall govern the hearing and judicial review of all proceedings for suspension or revocation of licenses under this chapter.
Acts 1967, ch. 355, § 28; T.C.A., § 53-4128; Acts 1989, ch. 147, § 9; 1989, ch. 467, § 10.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 29 - TENNESSEE MEDICAL LABORATORY ACT (§§ 68-29-101 — 68-29-139) › Section 68-29-129 - Violations of chapter

It is a violation of this chapter for any person to:
(1)
Operate, maintain, direct or engage in the business of operating a medical laboratory, unless such person has obtained a medical laboratory license from the board, or is exempt under §
68-29-104
;
(2)
Operate, maintain, direct or engage in the business of operating a medical laboratory during a suspension of a license or after revocation of a license;
(3)
Conduct, maintain, or operate a medical laboratory, unless such medical laboratory is under the direct and responsible supervision and direction of a person licensed under this chapter or is exempt under §
68-29-116
;
(4)
Allow any person to perform medical laboratory procedures, except individuals licensed and registered under this chapter;
(5)
Accept specimens for tests from, and make reports to, persons who are not legally qualified or authorized to submit specimens to medical laboratories and to receive such reports. However, this does not prohibit the referral of specimens from one (1) licensed medical laboratory to another licensed under this chapter or to a laboratory named in §
68-29-104
; provided, that the report indicates clearly the medical laboratory performing the test and the name of the director of such medical laboratory;
(6)
Make any test or examination in a medical laboratory, unless the person is licensed or authorized to make such tests under this chapter;
(7)
Solicit the referral of specimens to the person's or another medical laboratory or contract to perform medical laboratory examinations of specimens in a manner that offers or implies an offer of rebates to any person submitting specimens, other fee-splitting inducements, participation in fee-splitting arrangements, or other unearned remuneration. Notwithstanding §
68-29-104(13)
, this subdivision (7) applies to medical personnel employed by and performing testing at a private laboratory;
(8)
Violate or aid and abet in the violation of any provision of this chapter or the rules and regulations promulgated under this chapter; or
(9)
Operate, maintain, direct or engage in the business of operating a medical laboratory school, unless such school has been issued a certificate of approval by the board.
Amended by 2021 Tenn. Acts, ch. 495, s 6, eff. 5/25/2021.
Acts 1967, ch. 355, § 29; 1975, ch. 365, § 9; T.C.A., § 53-4129; Acts 1989, ch. 467, § 12.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 29 - TENNESSEE MEDICAL LABORATORY ACT (§§ 68-29-101 — 68-29-139) › Section 68-29-130 - Penalty for violation

The performance of any acts specified in §
68-29-129
by any person is a Class B misdemeanor.
Acts 1967, ch. 355, § 30; T.C.A., § 53-4130; Acts 1989, ch. 591, § 112.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 29 - TENNESSEE MEDICAL LABORATORY ACT (§§ 68-29-101 — 68-29-139) › Section 68-29-131 - Injunctive relief

The board, through the attorney general and reporter, in addition to the powers and duties expressed in this chapter with respect to the denial of a license, denial of a certificate of registration, and suspension or revocation of a license, is empowered to petition any chancery court having jurisdiction of any person within this state, who is conducting a medical laboratory without a license or is performing as medical laboratory personnel without a license, or to whom a license has been denied, or to whom a certificate of registration has been denied, or whose license has been suspended or revoked, to enjoin such person or persons from continuing to violate this chapter or to enjoin the future operation or maintenance of a medical laboratory until compliance with this chapter or the rules and regulations promulgated under this chapter has been demonstrated to the satisfaction of the board.
Acts 1967, ch. 355, § 31; T.C.A., § 53-4131; Acts 1989, ch. 467, §§ 11, 12.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 29 - TENNESSEE MEDICAL LABORATORY ACT (§§ 68-29-101 — 68-29-139) › Section 68-29-132 - Disposition of fees

All fees for licensing and registration provided for under this chapter shall be credited to the board and used by the board for the administration of this chapter in accordance with §
9-4-5117
.
Acts 1967, ch. 355, § 32; T.C.A., § 53-4132; Acts 1989, ch. 467, § 12; 1990, ch. 1026, § 3.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 29 - TENNESSEE MEDICAL LABORATORY ACT (§§ 68-29-101 — 68-29-139) › Section 68-29-133 - Agreements to perform laboratory tests for other states

The commissioner is authorized to enter into agreements pursuant to the Interlocal Cooperation Act, compiled in title 12, chapter 9, with the commissioner's official counterpart in other states to perform on behalf of another state, examinations or tests upon specimens collected in that state, when it is determined by the commissioner that performing the examinations or tests would result in a cost savings in the operation of the division of laboratories or otherwise benefit the citizens of Tennessee.
Acts 1981, ch. 236, § 9; T.C.A., § 53-4133.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 29 - TENNESSEE MEDICAL LABORATORY ACT (§§ 68-29-101 — 68-29-139) › Section 68-29-134 - Administrative support

The board shall receive administrative support from the division of health related boards of the department of health.
Acts 1989, ch. 467, § 13.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 29 - TENNESSEE MEDICAL LABORATORY ACT (§§ 68-29-101 — 68-29-139) › Section 68-29-135 - Medical laboratory directors - Restricted licenses - Qualifications

(a)
In addition to other persons permitted by law or rule to be a medical laboratory director, a person shall be qualified to serve as a medical laboratory director with a restricted license for a hospital licensed under this title for thirty (30) beds or fewer if the person is a physician licensed under title 63, chapter 6 or 9, and is otherwise qualified as determined by the board. A physician serving as a medical laboratory director pursuant to this section is authorized to delegate day-to-day operation of the laboratory to a medical laboratory supervisor.
(b)
In addition to other persons permitted by law or rule to be a medical laboratory supervisor, a person shall be qualified to serve as a medical laboratory supervisor with a restricted license for a hospital licensed under this title for thirty (30) beds or fewer if the person possesses at least a three-year undergraduate degree in any medical science, plus one (1) year of training in medical laboratory science, and is otherwise qualified as a medical laboratory supervisor as determined by the board.
(c)
The board is authorized to issue limited medical laboratory director and limited medical laboratory supervisor licenses in accordance with this section.
Added by 2016 Tenn. Acts, ch. 711,s 1, eff. 4/6/2016.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 29 - TENNESSEE MEDICAL LABORATORY ACT (§§ 68-29-101 — 68-29-139) › Section 68-29-136 - Cost of prosecution - Administering oaths - Subpoenas - Hearings - Appeal - Compensation of witnesses

(a)
The board shall promulgate rules governing the assessment of costs against a licensee or other person found by the board to have violated any provision of this chapter. The costs assessed by the board may include only those costs directly related to the prosecution of the charges against the licensee or other person, including investigatory costs where appropriate. The board shall determine the appropriate amount of costs, if any, to be assessed in a contested case. These costs shall be reasonable and proportionate in light of the violation committed by the licensee or other person.
(b)
(1)
Any elected officer of the board, or any duly appointed or elected chair has the authority to administer oaths to witnesses. Upon probable cause being established, the board, by a vote of two thirds (2/3) of the members to which the board is entitled, may issue subpoenas for the attendance of witnesses and the production of documents and records.
(2)
Service of a subpoena issued by the board shall be made by the sheriff of the county of residence of the licensee or person upon whom the subpoena is served.
(3)
(A)
A licensee or person served by subpoena shall have thirty (30) days to request, in writing, a hearing before the board for the sole purpose of making a special appearance to quash or modify the subpoena. The subpoena for attendance of the person or the production of books and records shall be stayed until the board votes upon the request to quash or modify the subpoena. A majority vote of the members to which the board is entitled shall be required to quash or modify a subpoena.
(B)
A motion to appeal from a decision by the board regarding a request to quash or modify a subpoena shall be made to the chancery court in Davidson County within fifteen (15) days of such decision.
(4)
If any witness fails or refuses to obey a subpoena issued by it, the board is authorized to make application to any court of record in this state within the jurisdiction of which the witness is found or resides, and the court shall have power to attach the body of the witness and compel the witness to appear before the board and give testimony or produce books, records or papers as ordered, and any failure to obey the court order may be punished by the court issuing the order as a civil contempt.
(5)
Each witness who appears before the board by order of the board shall receive for attendance the compensation provided by law for attendance of witnesses in a court of record, which shall be paid from the funds of the board in the same manner as all other expenses of the board are paid.
Acts 1999, ch. 435, § 3.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 29 - TENNESSEE MEDICAL LABORATORY ACT (§§ 68-29-101 — 68-29-139) › Section 68-29-137 - Licensed, certified dentists as medical laboratory directors

In addition to other persons permitted by law or rule to be medical laboratory directors, a dentist licensed in this state, certified by the American Board of Oral and Maxillofacial Pathology and certified in oral pathology by the Tennessee board of dentistry shall be qualified to serve as a medical laboratory director limited to the specialty of oral pathology without obtaining medical laboratory licensure in addition to the dentist's professional license.
Acts 2003, ch. 173, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 29 - TENNESSEE MEDICAL LABORATORY ACT (§§ 68-29-101 — 68-29-139) › Section 68-29-138 - Exemption for laboratories certified by certain organizations

(a)
Notwithstanding any provisions of official compilation Rules and Regulations of the State of Tennessee, Rule
1200-6-1
, or any other rule promulgated by the medical laboratory board to the contrary, a Tennessee medical laboratory shall be licensed in accordance with the rules promulgated under authority of this chapter and as provided in this section if the laboratory:
(1)
Is engaged in advanced esoteric applied toxicological, forensic, or biochemical laboratory analysis utilizing emerging technologies, such as chromatographic and non-chromatographic techniques coupled with mass spectrometer based detector systems and molecular diagnostic techniques; and
(2)
Is licensed, certified, or accredited by the United States department of health and human resources substance abuse and mental health service administrations (SAMHSA), the American Society of Crime Laboratory Directors Laboratory Accreditation Board (ASCLD/LAB), the American Board of Forensic Toxicology (ABFT), the College of American Pathologists Laboratory Accreditation Program (CAP LAP), or a state that has been determined to be exempt in accordance with § 353(p) of the Public Health Services Act (
42 U.S.C. § 263a
), as having enacted laboratory requirements that are equal to or more stringent than the statutory and regulatory requirements of the Clinical Laboratory Improvement Amendments of 1988 (CLIA).
(b)
A laboratory licensed under subsection (a) shall be exempt from the provisions of this chapter, including any rules promulgated under this chapter, that require persons who accept specimens for laboratory examination and perform analytical testing or report the results of a laboratory examination, be licensed as a technologist, technician, laboratory trainee, or special analyst.
(c)
In such medical laboratories, laboratory personnel who analyze or report laboratory results shall possess a baccalaureate or advanced degree in the appropriate sciences with at least sixteen (16) semester hours of chemistry and/or biological science courses. Nothing in this section shall be construed to prohibit licensed personnel from performing the tasks for which they are appropriately licensed and trained in such medical laboratories.
(d)
Except as provided in subsection (b), such laboratories shall be subject to all other provisions of this chapter, including any rules promulgated under this chapter.
Amended by 2013 Tenn. Acts, ch. 213, s 1, eff. 7/1/2013.
Acts 2006, ch. 934, § 3.