reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 13 - OCCUPATIONAL AND PHYSICAL THERAPY PRACTICE ACT (§§ 63-13-101 — 63-13-502) › Part 3 - LICENSURE OF PHYSICAL THERAPISTS AND ASSISTANTS (§§ 63-13-301 — 63-13-318) › Section 63-13-306 - Application - Examinations

(a)
(1)
An applicant for licensure as a physical therapist or physical therapist assistant shall file an application as required by the board. A nonrefundable application fee and cost of the examination shall accompany the completed written or online application. Fees shall be established by the rules promulgated by the board.
(2)
(A)
When the board receives a completed application for initial licensure from an applicant, then the board shall, within sixty (60) days from the date the board receives the completed application:
(i)
Render a decision on the application; or
(ii)
Inform the applicant of the need to appear before the board.
(B)
As used in this subdivision (a)(2), "completed application" means an application that satisfies all statutory and board rule requirements.
(b)
After the application process has been completed, an applicant shall take the examination for physical therapist licensure that covers current physical therapy practice.
(c)
After the application process has been completed, an applicant shall take the examination for physical therapist assistant licensure that covers current technical application of physical therapy services.
(d)
Examinations shall be available within the state at such time and place as the board shall determine. The board shall determine the passing score.
(e)
Applicants who do not pass the examination after the first attempt may retake the examination one (1) additional time without reapplication for licensure up to a total of six (6) attempts. Applications remain active for twelve (12) months. After twelve (12) months, applicants must submit a new application with all applicable fees.
Amended by 2023 Tenn. Acts, ch. 426,s 13, eff. 5/11/2023.
Amended by 2020 Tenn. Acts, ch. 790, s 7, eff. 7/15/2020.
Amended by 2014 Tenn. Acts, ch. 949,s 11, eff. 7/1/2014.
Acts 1999, ch. 528, § 17; 2007 , ch. 115, § 10.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 13 - OCCUPATIONAL AND PHYSICAL THERAPY PRACTICE ACT (§§ 63-13-101 — 63-13-502) › Part 3 - LICENSURE OF PHYSICAL THERAPISTS AND ASSISTANTS (§§ 63-13-301 — 63-13-318) › Section 63-13-308 - License renewal - Eligibility to apply for physical therapy licensure compact privileges - Changes in name or address - Retirement - Inactive Status - Exemption from continuing education requirements

(a)
A physical therapist or physical therapist assistant licensed under this part shall renew the person's license as specified in the rules. An individual who fails to renew the license by the date of expiration shall not practice physical therapy or function as a physical therapist assistant in this state.
(b)
A physical therapist or physical therapist assistant licensed in a jurisdiction that is a member state of the Physical Therapy Licensure Compact is eligible to become a licensee for compact privileges in this state, subject to the requirements in §
63-13-402
.
(c)
Each licensee shall report to the division a name change and changes in business and home address within thirty (30) days of the change.
(d)
A person licensed by the board to the practice of physical therapy in this state who has retired, or may retire, from the practice in this state is not required to register as required by this part if the person files with the board an affidavit on a form to be furnished by the board, which affidavit states the date on which the person retired from the practice and any other facts the board considers necessary that tend to verify the retirement. If the person thereafter reengages in the practice in this state, the person must apply for licensure with the board as provided by this part and meet the continuing education requirements that are established by the board, except for good and sufficient reasons as determined by the board.
(e)
A person licensed by the board may place their license on inactive status by filing the proper forms with the board and by paying a biennial fee in accordance with rules. If the person thereafter reengages in active practice of physical therapy in this state, then the person must apply for relicensure with the board as provided by this part and meet the continuing education requirements as are established by the board, except for good and sufficient reasons as determined by the board.
Amended by 2020 Tenn. Acts, ch. 790, s 12, eff. 7/15/2020.
Acts 1999, ch. 528, § 19; 2005, ch. 51, § 1; 2007 , ch. 115, § 10.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 13 - OCCUPATIONAL AND PHYSICAL THERAPY PRACTICE ACT (§§ 63-13-101 — 63-13-502) › Part 3 - LICENSURE OF PHYSICAL THERAPISTS AND ASSISTANTS (§§ 63-13-301 — 63-13-318) › Section 63-13-309 - Reinstatement of license - Failure to renew license

(a)
Reinstatement of a lapsed license following a renewal deadline requires payment of a renewal fee, a late renewal penalty fee and a reinstatement fee, in accordance with rules promulgated by the board.
(b)
Reinstatement of a license that has lapsed for more than three (3) consecutive years requires reapplying for a license and payment of fees in accordance with board rules. The individual shall successfully demonstrate to the board competency in the practice of physical therapy or, shall serve an internship under a restricted license or take remedial courses as determined by the board, or any combination of the preceding, at the board's discretion. The board may also require the applicant to take an examination.
(c)
When any license holder fails to renew and pay the biennial renewal fee within sixty (60) days after renewal becomes due, as provided in this section, the license of such person shall be administratively revoked at the expiration of the sixty (60) days after the renewal was required, without further notice or hearing. Any person whose license is administratively revoked, as provided in this subsection (c), may make application in writing to the board for the reinstatement of such license; and, upon good cause being shown, the board, in its discretion, may reinstate such license upon payment of all required fees.
Acts 1999, ch. 528, § 20; 2007 , ch. 115, § 10.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 13 - OCCUPATIONAL AND PHYSICAL THERAPY PRACTICE ACT (§§ 63-13-101 — 63-13-502) › Part 3 - LICENSURE OF PHYSICAL THERAPISTS AND ASSISTANTS (§§ 63-13-301 — 63-13-318) › Section 63-13-310 - Unlawful use of titles or designations indicating licensure

(a)
A physical therapist shall use the letters "PT" or "DPT", as appropriate for the individual's education, in connection with their name or place of business to denote licensure under this part.
(b)
It is unlawful for any person or for any business entity, its employees, agents or representatives to use in connection with such person's name or the name or activity of the business the words "physical therapy," "physical therapist," "physiotherapy," "physiotherapist," "registered physical therapist," "licensed physical therapist," "doctor of physical therapy," or the letters "PT," "LPT," "DPT," or "RPT" or any other words, abbreviations or insignia indicating or implying directly or indirectly that physical therapy is provided or supplied, including the billing of services labeled as physical therapy, unless such services are provided by or under the direction of a physical therapist licensed in accordance with this part.
(c)
Nothing in this chapter shall be construed as restricting a person licensed or certified under any other law of this state from engaging in the profession or practice for which the person is licensed or certified; provided, that the person does not claim to be a physical therapist, a physical therapist assistant or a provider of physical therapy.
(d)
A physical therapist assistant shall use the letters "PTA" in connection with the person's name to denote licensure.
(e)
No person shall use the title "physical therapist assistant" or use the letters "PTA" in connection with the person's name or any other words, abbreviations or insignia indicating or implying, directly or indirectly, that the person is a physical therapist assistant unless the person is licensed as a physical therapist assistant in accordance with this part.
Amended by 2020 Tenn. Acts, ch. 790, s 13, eff. 7/15/2020.
Amended by 2015 Tenn. Acts, ch. 124, s 5, eff. 4/9/2015.
Acts 1999, ch. 528, § 21.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 13 - OCCUPATIONAL AND PHYSICAL THERAPY PRACTICE ACT (§§ 63-13-101 — 63-13-502) › Part 3 - LICENSURE OF PHYSICAL THERAPISTS AND ASSISTANTS (§§ 63-13-301 — 63-13-318) › Section 63-13-311 - Supervision of students and assistive personnel

(a)
Physical therapists are responsible for the patient care given by physical therapist assistants, assistive personnel and students on clinical affiliations under their supervision. The physical therapist may delegate to the physical therapist assistant, assistive personnel and clinical students selected acts, tasks or procedures that fall within the scope of their education or training.
(b)
Physical therapist assistants shall at all times be under the supervision of a licensed physical therapist as defined in §
63-13-103
and as further set forth in the rules promulgated by the board.
(c)
Physical therapy aides, other assistive personnel and clinical students shall at all times perform patient care activities under the onsite supervision of a licensed physical therapist or physical therapist assistant as defined in §
63-13-103
.
(d)
Physical therapist students and physical therapist assistant students shall at all times be under the supervision of a physical therapist as further set forth in the rules promulgated by the board.
Acts 1999, ch. 528, § 22.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 13 - OCCUPATIONAL AND PHYSICAL THERAPY PRACTICE ACT (§§ 63-13-101 — 63-13-502) › Part 3 - LICENSURE OF PHYSICAL THERAPISTS AND ASSISTANTS (§§ 63-13-301 — 63-13-318) › Section 63-13-313 - Disciplinary actions of the board

The board may, upon proof of the violation of any provision of this chapter, take the following disciplinary actions singly or in combination:
(1)
Deny an application for a license to any applicant who applies for the same through reciprocity or otherwise;
(2)
Permanently or temporarily withhold issuance of a license;
(3)
Suspend, limit or restrict a previously issued license for such time and in such manner as the board may determine;
(4)
Issue a letter of reprimand;
(5)
Reprimand or take such action in relation to disciplining an applicant or licensee, including, but not limited to, informal settlements and letters of warning as the board, in its discretion, may deem proper;
(6)
Revoke a license;
(7)
Refuse to issue or renew a license; or
(8)
Impose civil penalties for violation of this chapter pursuant to §
63-1-134
. In addition, the board may, in its discretion, assess and collect the reasonable costs incurred in a disciplinary hearing when action is taken against a person's license.
Acts 1999, ch. 528, § 25; 2007 , ch. 115, § 10.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 13 - OCCUPATIONAL AND PHYSICAL THERAPY PRACTICE ACT (§§ 63-13-101 — 63-13-502) › Part 3 - LICENSURE OF PHYSICAL THERAPISTS AND ASSISTANTS (§§ 63-13-301 — 63-13-318) › Section 63-13-314 - Administrative procedure for disciplinary actions - Jurisdiction of board

(a)
All proceedings for disciplinary action against a licensee shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(b)
The board retains jurisdiction to modify or refuse to modify, upon request of any party, any of its orders issued pursuant to this section.
Acts 1999, ch. 528, § 26; 2007 , ch. 115, § 10.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 13 - OCCUPATIONAL AND PHYSICAL THERAPY PRACTICE ACT (§§ 63-13-101 — 63-13-502) › Part 3 - LICENSURE OF PHYSICAL THERAPISTS AND ASSISTANTS (§§ 63-13-301 — 63-13-318) › Section 63-13-315 - Penalties

(a)
A person commits a Class B misdemeanor if the person engages in an activity requiring a license issued according to this chapter and who fails to obtain the required license, who violates any other provision of this chapter or who uses any word, title, or representation implying that the person is licensed to engage in the practice of physical therapy. A person claims to be a physical therapist when using a title, letters or any description of services that incorporates one (1) or more of the terms, designations or abbreviations specifically restricted under §§
63-13-103
and
63-13-310
.
(b)
The board may authorize an investigation of any person to the extent necessary to determine if the person is engaged in the unlawful practice of physical therapy.
(c)
The board may, through the office of the attorney general and reporter, apply for injunctive relief in any court of competent jurisdiction to enjoin any person from committing an act in violation of this chapter. Injunctive proceedings are in addition to, and not in lieu of, all penalties and other remedies prescribed in this chapter.
(d)
A person who aids or requires another person to directly or indirectly violate this chapter or rules, who permits the person's license or a license issued by this board to be used by any person other than the licensee or who acts with the intent to violate or evade this chapter or rules is subject to a civil penalty of not more than one thousand dollars ($1,000) for each violation.
Acts 1999, ch. 528, § 27.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 13 - OCCUPATIONAL AND PHYSICAL THERAPY PRACTICE ACT (§§ 63-13-101 — 63-13-502) › Part 3 - LICENSURE OF PHYSICAL THERAPISTS AND ASSISTANTS (§§ 63-13-301 — 63-13-318) › Section 63-13-316 - Peer assistance program - Fees

(a)
In lieu of a disciplinary proceeding as set forth in this chapter, the board may permit a licensee pursuant to this part to actively participate in a board approved peer assistance program under the following conditions:
(1)
The board has evidence that the licensee is impaired;
(2)
The licensee has not been convicted of a felony relating to a controlled substance or controlled substance analogue in a court of law of the United States or any other territory or country;
(3)
The licensee enters into a written agreement with the board for a restricted license and complies with all the terms of the agreement, including making satisfactory progress in the program and adhering to any limitations on the licensee's practice imposed by the board to protect the public. Failure to enter into such an agreement shall activate an immediate investigation and disciplinary proceeding by the board; and
(4)
As part of the agreement established between the licensee and the board, the licensee shall sign a waiver allowing the peer assistance program to release information to the board if the licensee does not comply with the requirements of this section or is unable to practice with reasonable skill or safety.
(b)
The board shall establish fees for all licensees to effect the purposes of this section.
Acts 1999, ch. 528, § 28; 2007 , ch. 115, § 10; 2012 , ch. 848, § 79.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 13 - OCCUPATIONAL AND PHYSICAL THERAPY PRACTICE ACT (§§ 63-13-101 — 63-13-502) › Part 3 - LICENSURE OF PHYSICAL THERAPISTS AND ASSISTANTS (§§ 63-13-301 — 63-13-318) › Section 63-13-317 - Disclosures to patient - Confidentiality of information - Complaints - Display of license

(a)
Physical therapists shall inform the patient of any financial arrangements connected to the referral process.
(b)
Physical therapists shall disclose in writing any financial interest in products they endorse and recommend to their patients.
(c)
The licensee has the responsibility to ensure that the patient has knowledge of freedom of choice in services and products.
(d)
Information relating to the physical therapist-patient relationship is confidential and may not be communicated to a third party not involved in that patient's care without the prior written consent of the patient. The physical therapist-patient confidentiality does not extend to cases in which the physical therapist has a duty to report information as required by law.
(e)
Any person may submit a complaint regarding any licensee or any other person potentially in violation of this chapter. Confidentiality shall be maintained subject to law.
(f)
The department shall keep all information relating to the receiving and investigation of complaints filed against licensees confidential until the information becomes public record as required by law.
(g)
Each licensee shall display a copy of the licensee's license or current renewal verification in a location accessible to public view at the licensee's place of employment.
Acts 1999, ch. 528, § 29.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 13 - OCCUPATIONAL AND PHYSICAL THERAPY PRACTICE ACT (§§ 63-13-101 — 63-13-502) › Part 4 - PHYSICAL THERAPY LICENSURE COMPACT (§§ 63-13-401 — 63-13-402) › Section 63-13-401 - Short title

This part shall be known and may be cited as the "Physical Therapy Licensure Compact."
Added by 2016 Tenn. Acts, ch. 810, s 1, eff. 4/14/2016.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 13 - OCCUPATIONAL AND PHYSICAL THERAPY PRACTICE ACT (§§ 63-13-101 — 63-13-502) › Part 5 - OCCUPATIONAL THERAPY LICENSURE COMPACT (§§ 63-13-501 — 63-13-502) › Section 63-13-501 - Short title

This part is known and may be cited as the "Occupational Therapy Licensure Compact."
Added by 2022 Tenn. Acts, ch. 839, s 1, eff. 4/19/2022.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 14 - DISPENSING OPTICIANS (§§ 63-14-101 — 63-14-111) › Section 63-14-102 - "Practice of dispensing opticians" defined - Prohibited practices

(a)
"Practice of dispensing opticians" means the preparation, adaptation and dispensing of lenses, spectacles, eye glasses and optical devices to the intended user thereof on the written prescription of a physician or optometrist duly licensed to practice the physician's or the optometrist's profession and the dispensing of frames as a unit or individually to the intended user thereof.
(b)
A person registered under this chapter is specifically prohibited from engaging in the practice of ocular refraction, orthoptics, visual training, prescribing contact lenses or the prescribing of subnormal vision aids or telescopic spectacles.
(c)
Nothing in this section shall be construed to authorize or permit any dispensing optician to claim to be able to, or to offer, undertake or attempt, by any means or method, to examine or exercise eyes, fit contact lenses or diagnose, treat, correct, relieve, operate or prescribe for any human ailment, deficiency, deformity, disease, injury, pain or physical condition; however, dispensing opticians may fit contact lenses in the presence of and under the direct supervision of a licensed optometrist or ophthalmologist.
(d)
Nor shall anything in this section or in this chapter be construed to require the licensing of persons, firms or corporations that are wholesale suppliers to opticians, optometrists or ophthalmologists, of lenses, spectacles, eye glasses or optical devices or to prevent such persons, firms or corporations from the preparation of lenses, spectacles, eye glasses or optical devices, defined to be the surfacing, fabrication or finishing of any substance or material used or to be used for the correction of human vision, or the adaptation of such lenses, spectacles, eye glasses or optical devices, defined to be the mounting of such a prepared substance or material to frames or to other devices designed to be worn by the user thereof, as long as such preparation or adaptation is done under the written order of an ophthalmologist or optometrist only and as long as such lenses, spectacles, eye glasses or optical devices so prepared or adapted are delivered directly to an ophthalmologist, optometrist or dispensing optician, and as long as such persons, firms or corporations do not engage in advertising as to the price of either the finished product or any part thereof.
Acts 1955, ch. 98, § 2; 1963, ch. 243, § 1; 1968, ch. 555, § 1; 1972, ch. 760, § 1; 1974, ch. 663, § 1; T.C.A., § 63-1402.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 14 - DISPENSING OPTICIANS (§§ 63-14-101 — 63-14-111) › Section 63-14-104 - Revocation or suspension of license

(a)
It is unlawful for a dispensing optician to act as the agent or representative of any physician or optometrist on any account. The board has the power and it is hereby its duty to suspend for a specified period of time to be determined by the board in its discretion or to revoke or otherwise discipline any person holding a certificate to practice as a dispensing optician in this state whenever the dispensing optician is found guilty of any of the following acts or offenses:
(1)
Fraud in procuring a license;
(2)
Immoral, unprofessional or dishonorable conduct;
(3)
Habitual intoxication or addiction to the use of drugs;
(4)
Conviction of felony;
(5)
Use of comparative statements or claims concerning the professional excellence or abilities of any person or group of persons licensed to practice their profession under the laws of the state;
(6)
Failure to renew annual certificate required under §§
63-14-106
and
63-14-107
;
(7)
Offering discounts or inducements to prospective patrons by means of coupons or otherwise to perform professional services; provided, that nothing in this section shall be construed to prohibit the giving of a discount on either merchandise or services to charitable institutions; or
(8)
Division of fees or agreement to split or divide the fee received for professional services with any person for bringing or referring a customer.
(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 32, eff. 7/1/2018.
Acts 1955, ch. 98, § 4; T.C.A., §63-1404; Acts 1997 , ch. 463, § 3.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 14 - DISPENSING OPTICIANS (§§ 63-14-101 — 63-14-111) › Section 63-14-105 - License not required for employees

Nothing contained in this chapter shall be construed so as to require an employee of a licensed physician or licensed optometrist to secure a license under this chapter or otherwise be subject to this chapter, so long as the employee remains an employee of the licensed physician or the licensed optometrist entitled to practice that profession within this state. Nothing contained in this chapter shall be construed to prohibit a licensed physician or licensed optometrist from employing a licensed dispensing optician as defined in this chapter.
Acts 1955, ch. 98, § 5; T.C.A., § 63-1405.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 14 - DISPENSING OPTICIANS (§§ 63-14-101 — 63-14-111) › Section 63-14-107 - Examination - Renewal - Fees

(a)
Each year, each and every licensed dispensing optician shall pay to the secretary-treasurer of the board an annual renewal fee to be fixed by the board. The secretary of the board shall notify the holder of each license that the renewal fee is due, and the failure to pay such renewal fee by any license holder at the expiration of sixty (60) days after the renewal fee was due constitutes a violation of this chapter.
(b)
All applicants for licensure shall include with their application a nonrefundable application fee to be set by the board. Applicants who are accepted for examination shall pay an examination fee as set by the board prior to taking the examination, and the examination fee shall be paid in a manner prescribed by the board. Any applicant failing to pass the examination may apply to take a successive examination by submitting to the board a successive application for examination, which shall be accompanied by an examination fee as set by the board. The fee required to be paid by all persons successfully passing the examination shall be fixed annually by the board, and no license or certificate shall be issued until the fee has been fully paid. All such licenses shall be subject to renewal upon the same terms and conditions as prescribed in this chapter with respect to the issuance of original licenses and renewals thereof.
(c)
All applicants for apprenticeship shall include with their application a nonrefundable fee, to be set by the board.
(d)
(1)
Notwithstanding any provision of this chapter to the contrary, the division, with the approval of the commissioner, shall establish a system of license renewals at alternative intervals that will allow for the distribution of the license workload as uniformly as is practicable throughout the calendar year. Licenses issued under the alternative method are valid for twenty-four (24) months and shall expire on the last day of the last month of the license period. However, during a transition period, or at any time thereafter when the board determines that the volume of work for any given interval is unduly burdensome or costly, either the licenses or renewals, or both of them, may be issued for terms of not less than six (6) months nor more than eighteen (18) months. The fee imposed for any license under the alternative interval method for a period of other than twenty-four (24) months shall be proportionate to the annual fee and modified in no other manner, except that the proportional fee shall be rounded off to the nearest quarter of a dollar (25¢).
(2)
No renewal application will be accepted after the last day of the month following the license expiration date under the alternative method authorized in this subsection (d).
Acts 1955, ch. 98, § 6; 1976, ch. 402, § 1; 1976, ch. 406, § 4; 1976, ch. 470, § 1; 1979, ch. 66, § 2; T.C.A., §63-1406; Acts 1989, ch. 360, §§ 46-48; 1989, ch. 523, §§ 22-26; 1990, ch. 785, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 14 - DISPENSING OPTICIANS (§§ 63-14-101 — 63-14-111) › Section 63-14-108 - Disposition of fees - Board expenditures and compensation

(a)
All fees coming into the possession of the board shall be paid by the board to the state treasurer and become a part of the general fund.
(b)
The commissioner of finance and administration shall make allotments out of the general fund for the proper expenditures of the board, and no expenditure shall be made by the board until allotment for the expenditure has been made by the commissioner. Such allotments for the operation of the board shall be disbursed under the general budgetary laws of the state.
(c)
Each member of the board shall receive one hundred dollars ($100) per diem expenses when actually engaged in the discharge of each member's official duties and all legitimate and necessary expenses incurred in attending the meetings of the board. Each member shall be reimbursed for travel expenses in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
Acts 1955, ch. 98, § 6; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; 1976, ch. 806, § 1(118); 1981, ch. 122, § 2; T.C.A., § 63-1407; Acts 1998, ch. 1107, § 2.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 14 - DISPENSING OPTICIANS (§§ 63-14-101 — 63-14-111) › Section 63-14-109 - Secretary - Investigators - Administrative support

(a)
(1)
The secretary shall keep an accurate record of the minutes of the meetings of the board and shall keep an accurate and complete register showing the names and addresses of all persons to whom licenses or certificates to practice as dispensing opticians have been issued by the board.
(2)
The secretary of the board shall be paid a salary not to exceed five hundred dollars ($500) per year, in addition to per diem and mileage allowances and necessary expenses as fixed and approved by the board. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(b)
The board will employ such investigators as are deemed necessary to effectually carry out this chapter and shall be represented by the attorney named to represent the state regulatory and registration boards.
(c)
The board shall receive administrative support from the division of health related boards in the department of health, referred to as the "division" in this chapter.
Acts 1955, ch. 98, § 6; 1976, ch. 806, § 1(118); T.C.A., §63-1408; Acts 1984, ch. 937, §§49, 51; 1997 , ch. 463, §§ 7, 8.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 14 - DISPENSING OPTICIANS (§§ 63-14-101 — 63-14-111) › Section 63-14-110 - Penalties

(a)
(1)
Any person who practices as a dispensing optician as defined in this chapter without first complying with this chapter or who violates any of this chapter commits a Class B misdemeanor.
(2)
Each time any person practices as a dispensing optician without meeting all the requirements of this chapter and of any other law, a compliance with which may hereafter be prescribed as a condition precedent to the practice of such profession, constitutes a separate offense.
(3)
All fines for offenses for the violation of this chapter shall be paid over to the board and shall be paid to the state treasurer as all other funds received by the board.
(b)
Nothing in this chapter shall be construed as applying to physicians or optometrists licensed under the laws of this state to practice their professions, nor shall such licensed physicians or optometrists be subject to the jurisdiction of the board created by this chapter.
Acts 1955, ch. 98, § 7; T.C.A., § 63-1409; Acts 1989, ch. 591, § 112.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 14 - DISPENSING OPTICIANS (§§ 63-14-101 — 63-14-111) › Section 63-14-111 - Suspension or revocation of license - Injunction

(a)
The board of dispensing opticians may suspend or revoke the license of, or otherwise discipline, any dispensing optician who is found guilty by the board of the violation of this chapter or of the code of ethics and standards of practice for dispensing opticians established by the board in accordance with this chapter; provided, that in all proceedings for suspension or revocation of license, the holder of the license is given fifteen (15) days' notice of the charges made against the holder and is entitled to be heard in person, by counsel, or both.
(b)
The penalty for first violations of §
63-14-103(g)-(i)
is suspension of the offender's license for a period of time to be set by the board after a proper hearing. A second suspension may be grounds for revocation of the license by the board.
(c)
The board is thereby authorized to proceed in any of the courts of this state by injunction to restrain any continued violation of this chapter or of any rule or regulation of the code of ethics and standards of practice for dispensing opticians legally adopted or established by the board in accordance with this chapter. Any dispensing optician whose license is suspended or revoked under this chapter has the right to a review in the circuit or chancery court of the county in which such dispensing optician resides or has a place of business, in the manner provided by title 27, chapter 9.
Acts 1955, ch. 98, § 8; 1977, ch. 284, § 2; T.C.A., §63-1410; Acts 1997 , ch. 463, § 6.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 15 - DOULA SERVICES ADVISORY COMMITTEE (§§ 63-15-101 — 63-15-104) › Section 63-15-101 - Legislative findings and intent

(a)
The general assembly finds that:
(1)
Pregnant and postpartum women who receive doula care are found to have improved health outcomes for themselves and their infants, including higher breastfeeding initiation rates, fewer low birth weight babies, and lower rates of cesarean deliveries;
(2)
The benefits of doula care can have a financial impact in helping families and this state avoid the costs associated with low birth weight babies, cesarean births, and other pregnancy-related complications; and
(3)
A successful program of medicaid coverage for doula care must honor and support the autonomy of doulas, and be as inclusive as possible of the wide variety of birth support work that exists, including community-based and traditional birth support work.
(b)
It is the intent of the general assembly to identify and mobilize an educated and prepared doula workforce to serve pregnant women in this state by supporting the ongoing practices of doulas working with communities that experience the highest burden of birth disparities, but without the barriers to entry that licensure would entail.
Added by 2023 Tenn. Acts, ch. 424, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 15 - DOULA SERVICES ADVISORY COMMITTEE (§§ 63-15-101 — 63-15-104) › Section 63-15-102 - Chapter definitions

As used in this chapter:
(1)
"Committee" means the doula services advisory committee;
(2)
"Community-based doula" means a doula who serves pregnant women in a community in this state with a high rate of maternal or infant mortality and morbidity, and whose services are tailored to the specific needs of that community;
(3)
"Department" means the department of health;
(4)
"Doula" means a birth worker who provides child birth education, advocacy, and physical, emotional, and nonmedical support for pregnant and postpartum women before, during, and after childbirth and loss;
(5)
"Doula services" means at least three (3) prenatal appointments, continuous labor support during birth, and at least three (3) postpartum appointments with a pregnant woman; and
(6)
"Postpartum" means the twelve-month period immediately following childbirth.
Added by 2023 Tenn. Acts, ch. 424, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 15 - DOULA SERVICES ADVISORY COMMITTEE (§§ 63-15-101 — 63-15-104) › Section 63-15-103 - Doula services advisory committee - Creation - Purpose - Duties

(a)
There is created the doula services advisory committee. The committee is attached to the department of health for administrative purposes.
(b)
The purpose of the committee is to:
(1)
Advise the department of health by establishing core competencies and standards for the provision of doula services in this state; and
(2)
Recommend reimbursement rates and fee schedules for TennCare reimbursement for doula services.
(c)
The doula services advisory committee shall:
(1)
Develop a set of core competencies and standards for doulas providing doula services in this state, for the purpose of verifying competency, including a demonstration of competency, through training or attestation of equivalency or lived experience, in the following areas:
(A)
Understanding basic anatomy and physiology as related to pregnancy, the childbearing process, breastfeeding, and the postpartum period;
(B)
Utilizing different strategies to provide emotional support, education, and resources during the perinatal period;
(C)
Knowledge of and the ability to assist families with utilizing a wide variety of nonclinical labor coping and physical comfort strategies;
(D)
Strategies to foster effective communication between clients, clients' families, support services, and healthcare providers; and
(E)
Knowledge of community-based, government-funded, and clinical resources available to the client for needs outside the doula's scope of practice;
(2)
Propose multiple options for medicaid reimbursement for doula services, including doulas operating as independent providers and doulas working with licensed providers;
(3)
Propose reimbursement rates and fee schedules reflecting the reasonable number of clients a doula can sustain at the same time;
(4)
Propose incentive-based programs such as fee waivers to encourage participation from doulas in rural communities; and
(5)
Examine outcomes, findings, and reports from existing pilot programs related to the provision of doula services.
(d)
The doula services advisory committee shall compile a report of its findings and recommendations from the duties described in subsection (c). No later than eighteen (18) months following the date of the committee's first meeting, the department of health shall publish a copy of the committee's report on its public website, and the committee shall transmit a copy of the report to the chair of the health and welfare committee of the senate, the chair of the health committee of the house of representatives, and the legislative librarian.
Added by 2023 Tenn. Acts, ch. 424, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 15 - DOULA SERVICES ADVISORY COMMITTEE (§§ 63-15-101 — 63-15-104) › Section 63-15-104 - Membership - Appointment - Terms

(a)
The committee consists of the following five (5) members:
(1)
The commissioner of health, or the commissioner's designee with experience in maternal health or medicaid policy;
(2)
The director of TennCare, or the director's designee;
(3)
Two (2) community-based doulas, to be appointed by the commissioner of health or the commissioner's designee, who have documented experience providing services to:
(A)
Medicaid recipients; or
(B)
Women in municipalities or unincorporated areas in this state with high rates of maternal and infant mortality; and
(4)
One (1) doula, to be appointed by the commissioner of health or the commissioner's designee, who has documented experience providing services to medicaid recipients.
(b)
If a membership position on the committee becomes vacant, then the commissioner shall appoint a replacement member who meets the qualifications as described in subsection (a) for the vacant position.
(c)
(1)
The commissioner shall remove any member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year and appoint a new member to serve.
(2)
Notwithstanding subdivision (c)(1), the commissioner may excuse an absence of a committee member for good cause, in the discretion of the commissioner.
(d)
The chair shall convene the first meeting of the committee no later than October 1, 2023, and elect a committee member to serve as chair and conduct the committee meetings.
(e)
All reimbursement for travel expenses must be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. Members of the advisory committee serve without compensation, but are entitled to receive necessary travel and other appropriate expenses while engaged in committee business.
(f)
The committee ceases to exist on July 1, 2026.
Added by 2023 Tenn. Acts, ch. 424, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 16 - NURSING HOME ADMINISTRATORS (§§ 63-16-101 — 63-16-115) › Section 63-16-101 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Board" means the board of examiners for nursing home administrators;
(2)
"Division" means the division of health related boards in the department of health;
(3)
"Nursing home" means any institution or facility defined as such pursuant to Tennessee state law or the rules and regulations for nursing homes promulgated by the department. "Nursing home" applies equally to Christian Science sanatoria and services therein;
(4)
"Nursing home administrator" means any individual responsible for planning, organizing, directing or controlling the operation of a nursing home or who in fact performs such functions, whether or not such functions are shared by one (1) or more other people;
(5)
"Practice of nursing home administration" means the planning, organizing, directing or controlling the operation of a nursing home; and
(6)
"Single state agency" means the department of health.
Acts 1970, ch. 565, § 1; T.C.A., § 63-1601; Acts 1985, ch. 120, § 14.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 16 - NURSING HOME ADMINISTRATORS (§§ 63-16-101 — 63-16-115) › Section 63-16-103 - Duties of the board

It is the function and duty of the board to:
(1)
Develop, impose and enforce standards that must be met by individuals in order to receive a license as a nursing home administrator, which standards are designed to ensure that nursing home administrators are individuals who are of good character and otherwise suitable and who, by training or experience in the field of institutional administration, are qualified to serve as nursing home administrators;
(2)
Develop and apply appropriate techniques, including examinations and investigations, for determining whether an individual meets such standards;
(3)
Issue a license to individuals determined, after the application of such techniques, to meet such standards and authorize the state licensing board to revoke or suspend licenses previously issued in any case where the individual holding any such license is determined by the board to have substantially failed to conform to the requirements of such standards;
(4)
Establish and carry out procedures designed to ensure that individuals licensed as nursing home administrators will, during any period that they serve as such, comply with the requirements of such standards;
(5)
Receive, investigate and take appropriate action with respect to any charge or complaint filed with the board to the effect that any individual licensed as a nursing home administrator has failed to comply with the requirements of such standards;
(6)
Conduct a continuing study and investigation of nursing homes and administrators of nursing homes within the state with a view to the improvement of standards imposed for the licensing of such administrators and of procedures and methods for the enforcement of such standards with respect to administrators of nursing homes who have been licensed as such;
(7)
Conduct or cause to be conducted courses of instruction and training sufficient to meet the requirements of this chapter. In lieu thereof, the board may approve courses conducted by other groups or organizations;
(8)
Have the authority to adopt, promulgate and enforce rules and regulations necessary for the proper performance of its duties; and
(9)
The single state agency has the authority to receive and disburse federal funds pursuant to § 1908(e)(1) of the Social Security Act (
42 U.S.C. 1396g(e)(1)
).
Acts 1970, ch. 565, § 3; T.C.A., § 63-1603; Acts 1985, ch. 120, § 15.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 16 - NURSING HOME ADMINISTRATORS (§§ 63-16-101 — 63-16-115) › Section 63-16-104 - Qualifications for licensure

(a)
(1)
An applicant for a license shall submit evidence of good moral character and suitability prescribed by the board and that the applicant:
(A)
Is at least eighteen (18) years of age;
(B)
Is a citizen of the United States or legally in this country;
(C)
Has completed preliminary education satisfactory to the board; and
(D)
Has paid a nonrefundable application fee as set annually by the board no later than fifty (50) days in advance of the next scheduled examination.
(2)
Such applicant, upon notification by the board that the applicant has fulfilled the requirements for admission and upon payment of an examination fee as set annually by the board shall be admitted to the examination.
(3)
No applicant for license as a nursing home administrator shall be admitted to such licensing examination, nor be entitled to a license or to be certified to the state licensing board for issuance of a license as a nursing home administrator, unless the applicant has graduated from a high school or secondary school approved by the state in which the school is located or has submitted a certificate indicating that the applicant has obtained a high school diploma or high school equivalency credential approved by the state board of education.
(b)
The board has the authority to grant a temporary license, not to exceed six (6) months, to an individual applying for licensure to fill a position of nursing home administrator that unexpectedly becomes vacant. To receive a temporary license, the individual must either be licensed in another state or meet the majority of the board's standards for licensure. If the individual holding a temporary license must take the board required examination to be fully licensed and fails to achieve the required scores, the temporary license shall be revoked.
Amended by 2023 Tenn. Acts, ch. 114,s 52, eff. 7/1/2023.
Acts 1970, ch. 565, § 4; impl. am. Acts 1971, ch. 161, § 3; Acts 1976, ch. 444, § 1; 1981, ch. 464, § 1; T.C.A., § 63-1604; Acts 1987, ch. 247, §§ 1, 2, 8; 1989, ch. 523, §§ 83, 84.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 16 - NURSING HOME ADMINISTRATORS (§§ 63-16-101 — 63-16-115) › Section 63-16-105 - Examination for license

(a)
The board shall determine the subjects of examination for applicants for licensure as nursing home administrators. The board shall also determine the scope, content and format of such an examination, which in any examination shall be the same for all candidates; however, all examinations must include testing of the applicant's proficiency in the rules and regulations of health and safety.
(b)
Any applicant having failed to achieve a passing grade, score or level of proficiency as determined by the board on such examination is not prohibited from taking successive examinations; provided, that such applicant pays the examination fee set by the board pursuant to §
63-16-104
for each successive examination.
Acts 1970, ch. 565, § 5; 1976, ch. 444, § 2; 1981, ch. 464, § 2; T.C.A., §63-1605; Acts 1987, ch. 247, § 3.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 16 - NURSING HOME ADMINISTRATORS (§§ 63-16-101 — 63-16-115) › Section 63-16-106 - License issuance and registration

(a)
An applicant for a license as a nursing home administrator shall be certified to the division for issuance of a license certifying that the applicant has met the requirements of the law, rules and regulations entitling the applicant to practice as a nursing home administrator who has:
(1)
Complied with the requirements of §
63-16-104
and the standards provided in §
63-16-104
; and
(2)
Passed the examination provided for in §
63-16-105
.
(b)
The license must be registered annually as required by the state licensing board pursuant to §
63-1-107
.
Acts 1970, ch. 565, § 6; T.C.A., § 63-1606.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 16 - NURSING HOME ADMINISTRATORS (§§ 63-16-101 — 63-16-115) › Section 63-16-109 - Reciprocity

The board may approve and authorize issuance of a nursing home administrator license without examination to any person who holds a current license as a nursing home administrator from another jurisdiction, upon payment of a nonrefundable application fee as set annually by the board and upon proper registration and payment of the annual fee provided in this chapter, if the board finds that the applicant's personal qualifications and education are at least substantially equivalent to the licensure standards in this state.
Acts 1970, ch. 565, § 9; 1981, ch. 464, § 4; T.C.A., § 63-1609; Acts 1986, ch. 719, §1; 1987, ch. 247, § 7; 1989, ch. 523, § 87.