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 9 - TUBERCULOSIS (§§ 68-9-101 — 68-9-207) › Part 2 - QUARANTINE (§§ 68-9-201 — 68-9-207) › Section 68-9-204 - Quarantine - Commencement - Termination - Standards

(a)
No one but the commissioner, a state, municipal, district or county health officer or such person's duly authorized representative shall establish and terminate isolation or quarantine of persons with infectious tuberculosis.
(b)
Isolation or quarantine may be established when clinical signs of the disease are shown to be present with the aid of such laboratory examination for diagnosis as the health officer may deem necessary, or isolation or quarantine may be established when tuberculosis is shown to be present in a communicable stage.
(c)
The release of a person from isolation or quarantine for tuberculosis shall be made when, in the judgment of the commissioner or the health officer, the disease is no longer communicable.
(d)
It is the duty of the commissioner to set up such clinical and laboratory criteria as may be necessary for the guidance of health officers in the performance of their duties as outlined in this section.
Acts 1971, ch. 210, § 22; 1977, ch. 145, § 13; T.C.A., § 53-1041.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 9 - TUBERCULOSIS (§§ 68-9-101 — 68-9-207) › Part 2 - QUARANTINE (§§ 68-9-201 — 68-9-207) › Section 68-9-205 - Detention facilities

The department may establish and maintain one (1) or more detention facilities as the commissioner deems appropriate to sufficiently confine all persons who refuse to be examined, treated, isolated or quarantined as provided for by this part.
Acts 1971, ch. 210, § 23; 1977, ch. 145, § 14; T.C.A., § 53-1042.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 9 - TUBERCULOSIS (§§ 68-9-101 — 68-9-207) › Part 2 - QUARANTINE (§§ 68-9-201 — 68-9-207) › Section 68-9-207 - Release for voluntary hospital treatment - Recommitment

(a)
If, at any time after being isolated or quarantined, any person so isolated or quarantined shall, in the opinion of the commissioner or health officer in charge of the place of isolation or quarantine, be a fit and proper person for release from the isolation or quarantine to become a voluntary patient in any hospital for the treatment of tuberculosis, then the commissioner or health officer is authorized and empowered to release the isolated or quarantined person for admission into such a hospital.
(b)
If the isolated or quarantined person so released shall ever hereafter for any reason become a proper person against whom §
68-9-206
should be again invoked, the former release of the person from isolation or quarantine under this section shall not constitute a bar against again invoking §
68-9-206
or any other provisions of this chapter against the person, but the necessity for again invoking §
68-9-206
or any other provisions of this chapter shall be deemed and constitute a new and separate violation of this chapter.
Acts 1971, ch. 210, § 25; T.C.A., § 53-1044.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 10 - SEXUALLY TRANSMITTED DISEASES (§§ 68-10-101 — 68-10-118) › Section 68-10-101 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Commissioner" means the commissioner of health or the commissioner's designee; or in the absence of the commissioner, the deputy commissioner;
(2)
"Department" means the department of health;
(3)
"Forms" means the certificates that are authorized, prepared and distributed by the department to carry out this chapter;
(4)
"Sexually transmitted disease (STD)" means any disease that is transmitted primarily through sexual practices and is identified in rules and regulations of the department; and
(5)
"Test" means a test approved by the department to determine possible infection with STDs.
Acts 1988, ch. 695, §§ 1, 2; T.C.A. §
68-10-112
.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 10 - SEXUALLY TRANSMITTED DISEASES (§§ 68-10-101 — 68-10-118) › Section 68-10-102 - Notice to health officer of name and address of diseased person exposing others to infection

If any attending physician or other person knows or has good reason to suspect that a person having a STD is behaving so as to expose other persons to infection, or is about to so behave, the attending physician or other person shall notify the municipal or county health officer of the name and address of the diseased person and the essential facts in the case.
Acts 1921, ch. 106, § 2; Shan. Supp., § 3116a9; Code 1932, § 5814; Acts 1943, ch. 73, § 2; C. Supp. 1950, § 5814; T.C.A. (orig. ed.), § 53-1102.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 10 - SEXUALLY TRANSMITTED DISEASES (§§ 68-10-101 — 68-10-118) › Section 68-10-103 - Printed instructions given patients

It is the duty of every physician or other person treating persons infected with a STD to give such persons printed instructions containing information deemed advisable by the department, such printed instructions to be furnished by the department.
Acts 1921, ch. 106, § 3; impl. am. Acts 1923, ch. 7, § 46; Shan. Supp., § 3116a10; Code 1932, § 5815; T.C.A. (orig. ed.), § 53-1103.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 10 - SEXUALLY TRANSMITTED DISEASES (§§ 68-10-101 — 68-10-118) › Section 68-10-104 - Officers to examine suspected persons and require treatment - Sources of infection to be investigated

(a)
(1)
State, district, county and municipal health officers or their authorized deputies, within their respective jurisdictions, are directed and empowered, when, in their judgment, it is necessary to protect the public health, to make an examination of a person reasonably suspected because of known clinical or epidemiological evidence of being infected with a STD of a communicable nature, and to require such person when found infected to report for treatment to a reputable physician or clinic, and continue treatment until discharged by the physician or clinic as noninfectious, or in a stage of the disease in which an infectious relapse will not occur, or to submit to treatment provided at public expense until discharged as noninfectious, or in a stage of the disease in which an infectious relapse will not occur; and also, when in the judgment of the state, municipal or county health officer, it is necessary to protect the public health, to isolate and quarantine the person infected with a STD; provided, that any person so suspected may have present at the time of examination a physician of the person's own choosing to participate in the examination.
(2)
Loitering about or residing in a house of assignation or prostitution or any other place where lewdness is practiced shall be construed as sufficient to suspect a person of being infected with a STD.
(b)
It is the duty of all health officers to investigate sources of infection of STDs and to cooperate with the proper officers whose duty it is to enforce laws directed against prostitution, lewdness and assignation and the spread of STDs.
(c)
The following healthcare officers and providers licensed in this state may examine, diagnose, and treat minors infected with STDs without the knowledge or consent of the parents of the minors, and shall incur no civil or criminal liability in connection with the examination, diagnosis, or treatment, except for negligence:
(1)
Any state, district, county, or municipal health officer; or
(2)
Any physician, nurse practitioner with a certificate of fitness and an appropriate supervising physician, nurse midwife who is an advanced practice registered nurse under §
63-7-126
and who has an appropriate supervising physician, or physician assistant with an appropriate supervising physician.
Amended by 2017 Tenn. Acts, ch. 266, s 1, eff. 7/1/2017.
Acts 1921, ch. 106, § 4; Shan. Supp., § 3116a11; Code 1932, § 5816; Acts 1943, ch. 73, § 3; C. Supp. 1950, § 5816; Acts 1969, ch. 39, § 1; T.C.A. (orig. ed.), § 53-1104.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 10 - SEXUALLY TRANSMITTED DISEASES (§§ 68-10-101 — 68-10-118) › Section 68-10-105 - Infected persons isolated or quarantined to specified area

In establishing isolation or quarantine, the municipal or county health officer having jurisdiction shall designate and define the limits of the area within which the infected person is to be isolated or quarantined, and no person other than the attending physician or nurse shall enter or leave the area of isolation or quarantine without the permission of the health officer.
Acts 1921, ch. 106, § 5; Shan. Supp., § 3116a12; Code 1932, § 5817; T.C.A. (orig. ed.), § 53-1105.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 10 - SEXUALLY TRANSMITTED DISEASES (§§ 68-10-101 — 68-10-118) › Section 68-10-106 - Quarantine of infected persons

(a)
(1)
No one but a state, municipal, district or county health officer or such officer's duly authorized representative shall establish and terminate quarantine of persons infected with STDs.
(2)
A decision to establish or terminate quarantine shall be based upon the judgment of the state, municipal, district or county health officer or such officer's duly authorized representative, considering available medical and epidemiological information concerning the STD diagnosis, modes of transmission, available treatment, and the necessity of the protection of the public health.
(b)
It is the duty of the commissioner to set up the clinical and laboratory criteria necessary for the guidance of health officers in the performance of their duties as outlined in this section.
Acts 1921, ch. 106, § 6; Shan. Supp., § 3116a13; Code 1932, § 5818; Acts 1943, ch. 73, § 4; C. Supp. 1950, § 5818; T.C.A. (orig. ed.), § 53-1106; Acts 1988, ch. 695, §§ 1, 4.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 10 - SEXUALLY TRANSMITTED DISEASES (§§ 68-10-101 — 68-10-118) › Section 68-10-107 - Exposure of others by infected person

It is a violation of this chapter for any person infected with a STD to expose another person to such infection.
Acts 1921, ch. 106, § 8; Shan. Supp., § 3116a15; Code 1932, § 5820; T.C.A. (orig. ed.), § 53-1107.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 10 - SEXUALLY TRANSMITTED DISEASES (§§ 68-10-101 — 68-10-118) › Section 68-10-108 - Places for detention of infected persons

The county legislative bodies and the city officials, or other boards of the incorporated towns or cities, are empowered to provide suitable places for the detention of persons who may be subjected to isolation or quarantine and who should be segregated under this chapter. County legislative bodies and governing boards of incorporated cities and towns are authorized to incur, on behalf of their counties, cities and towns, the expenses necessary to the enforcement of this chapter.
Acts 1921, ch. 106, § 9; Shan. Supp., § 3116a16; Code 1932, § 5821; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 53-1108.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 10 - SEXUALLY TRANSMITTED DISEASES (§§ 68-10-101 — 68-10-118) › Section 68-10-109 - Rules and bylaws for control of sexually transmitted diseases

(a)
The department of health is empowered and directed to make such rules and bylaws for the control of STDs, not in conflict with this chapter, including the reporting of STDs and isolating and quarantining of infected persons, as it may from time to time deem advisable.
(b)
All rules and bylaws made pursuant to subsection (a) shall be of force and binding upon the state, municipal and county health officers, and all other persons affected by the rules and regulations, and shall have the force and effect of law.
Acts 1921, ch. 106, § 10; impl. am. Acts 1923, ch. 7, § 46; Shan. Supp., § 3116a17; Code 1932, § 5822; T.C.A. (orig. ed.), § 53-1109.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 10 - SEXUALLY TRANSMITTED DISEASES (§§ 68-10-101 — 68-10-118) › Section 68-10-110 - Arrest and temporary commitment for treatment authorized - Hearing - Examination - Appeal

(a)
Whenever in the judgment of the municipal, county or district health officer, there is reasonable clinical or epidemiological evidence to suspect that any person or persons are infected with a STD as defined in this chapter, and the person or persons refuse to be examined as provided in §
68-10-104
, the health officer or the health officer's authorized deputy may go before a magistrate or judge of a court of general sessions and swear out a warrant of arrest for the person or persons.
(b)
The magistrate or judge is not bound to issue the warrant pursuant to subsection (a), unless and until there is a showing of reasonable cause on the basis of sound clinical and epidemiological evidence.
(c)
If reasonable cause is shown for the arrest and examination of the person or persons, the magistrate or judge shall direct that an examination be made of the person or persons to determine whether or not they are infected.
(d)
The examination shall be made by the health officer or by a duly licensed and practicing physician of this state, to be selected by the health officer. The accused person or persons may also have a physician of their own choosing present to participate in the examination.
(e)
If the physicians are not in accordance as to their diagnosis, then the court shall reach its decision after a hearing.
(f)
If, after a full hearing, the court is of the opinion that the person examined is infected with a STD as defined in this chapter, the court may commit the person to an isolation hospital maintained by the state or local government for the purpose of detaining and treating such persons, who shall remain under treatment until the disease, in the opinion of the health officer, is no longer communicable or no longer in a stage in which infectious relapse may occur.
(g)
No appeal or certiorari from the decision of the court committing the person to the isolation hospital shall stay the commitment, nor shall any court have power to supersede such order, but the person or persons shall immediately be placed in the isolation hospital, there to remain until released by the health officer as no longer communicable or in a stage of the disease in which infectious relapse may occur, or released by order of the court.
(h)
Any person committed under this chapter may appeal from the judgment of the magistrate or court of general sessions as now provided by law for civil cases.
Acts 1921, ch. 106, § 11; impl. am. Acts 1923, ch. 7, § 46; Shan. Supp., § 3116a18; mod. Code 1932, § 5823; Acts 1943, ch. 73, § 6; C. Supp. 1950, § 5823; T.C.A. (orig. ed.), § 53-1110.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 10 - SEXUALLY TRANSMITTED DISEASES (§§ 68-10-101 — 68-10-118) › Section 68-10-111 - Violation of chapter - Penalty

Any health officer or any other persons who fail to perform the duties required of them in this chapter, or violate any of the provisions of this chapter, or of any rule or bylaw promulgated under its authority, commit a Class C misdemeanor. Each violation is a separate offense.
Acts 1921, ch. 106, § 12; Shan. Supp., § 3116a19; mod. Code 1932, § 5824; T.C.A. (orig. ed.), § 53-1111; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 10 - SEXUALLY TRANSMITTED DISEASES (§§ 68-10-101 — 68-10-118) › Section 68-10-112 - Reports of physicians and health officers

(a)
Every physician or other person who makes a diagnosis of, treats, or prescribes for a case of STD and every superintendent or manager of a clinic, hospital, laboratory or penal institution, in which there is a case of STD, shall report the case immediately to those persons or agencies designated as recipients of such reports by the commissioner.
(b)
Reports shall be made on forms supplied by the department, stating the name, address, age, sex, race, stage of the disease and other information on the form as may be required for the location, treatment and control of infectious cases.
(c)
Reporting of STDs, other than those designated as reportable in the regulations promulgated by the department, is not required.
Acts 1921, ch. 106, § 1; impl. am. Acts 1923, ch. 7, § 46; Shan. Supp., § 3116a8; Code 1932, § 5813; Acts 1943, ch. 73, § 1; C. Supp. 1950, § 5813; T.C.A. (orig. ed.), § 53-1101; Acts 1988, ch. 695, §§ 1, 3; T.C.A. §
68-10-101
.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 10 - SEXUALLY TRANSMITTED DISEASES (§§ 68-10-101 — 68-10-118) › Section 68-10-113 - Confidentiality of records and information

All records and information held by the department or a local health department relating to known or suspected cases of STDs shall be strictly confidential. This information shall not be released or made public upon subpoena, court order, discovery, search warrant or otherwise, except that release may be made under the following circumstances:
(1)
Release is made of medical or epidemiological information for statistical purposes, in such form that no individual person can be identified;
(2)
Release is made of medical or epidemiological information with the consent of all persons identified in the information released;
(3)
Release is made of medical or epidemiological information to medical personnel, appropriate state agencies, or county and district courts to enforce this chapter and related regulations governing the control and treatment of STDs;
(4)
Release is made of medical or epidemiological information to medical personnel in a medical emergency to the extent necessary to protect the health or life of the patient;
(5)
In a case involving a minor not more than thirteen (13) years of age, only the name, age, address and STD treated shall be reported to appropriate agents as required by §
37-1-403
. No other information shall be released. If the information to be disclosed is required in a court proceeding involving child abuse, the information shall be disclosed in camera; or
(6)
(A)
Release is made during a legal proceeding when ordered by a trial court judge, designated by §
16-2-502
, or a juvenile court judge through an order explicitly finding each of the following:
(i)
The information sought is material, relevant, and reasonably calculated to be admissible evidence during the legal proceeding;
(ii)
The probative value of the evidence outweighs the individual's and the public's interest in maintaining its confidentiality;
(iii)
The merits of the litigation cannot be fairly resolved without the disclosure; and
(iv)
The evidence is necessary to avoid substantial injustice to the party seeking it and, either the disclosure will result in no significant harm to the person examined or treated, or it would be substantially unfair as between the requesting party and the person examined or treated not to require the disclosure.
(B)
A juvenile court judge shall make the findings set forth in subdivision (6)(A) by examining the information, in camera, and shall order the information placed under seal. The judge shall only examine the records of a juvenile who is under the jurisdiction of the court.
Acts 1988, ch. 695, §§ 1, 2; 1992, ch. 887, §§ 1, 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 10 - SEXUALLY TRANSMITTED DISEASES (§§ 68-10-101 — 68-10-118) › Section 68-10-114 - Knowledge of governmental persons regarding records

Except as provided in §
68-10-113
, no state or local department officer or employee shall be examined in a civil, criminal, special or other proceeding as to the existence or contents of pertinent records of a person examined or treated for a STD by a state or local health department, or of the existence or contents of such reports received from a private physician or private health facility.
Acts 1988, ch. 695, §§ 1, 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 10 - SEXUALLY TRANSMITTED DISEASES (§§ 68-10-101 — 68-10-118) › Section 68-10-115 - Immunity from liability for informing person of potential HIV infection

A person who has a reasonable belief that a person has knowingly exposed another to HIV may inform the potential victim without incurring any liability. A person making such disclosure is immune from liability for making disclosure of the condition to the potential victim.
Acts 1993, ch. 322, § 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 10 - SEXUALLY TRANSMITTED DISEASES (§§ 68-10-101 — 68-10-118) › Section 68-10-117 - Possible exposure of emergency workers to airborne or bloodborne diseases - Testing

(a)
If, in the course of performing normal, authorized professional job duties, or rendering emergency care as a good samaritan under the Good Samaritan Law, codified in §
63-6-218
, a member of one of the categories of individuals listed in subsection (d) reasonably believes that the member may have been exposed to potentially life-threatening airborne or bloodborne diseases, including, but not limited to, tuberculosis, HIV or hepatitis B, the person has the right to request, in writing, that the individual who may have exposed the person be evaluated to determine the presence of such disease or diseases. The request shall be made to the designated exposure control officer of the responding agency or county medical examiner, who shall conduct the evaluation pursuant to the rules provided for in subsection (c).
(b)
Any evaluation pursuant to subsection (a) shall include all medical records held by the department of health, any health care provider, or health care facility pertaining to the individual who is the subject of the evaluation. Any information provided shall be made available in accordance with the rules provided for in subsection (c) and shall be used only for the purpose of performing the evaluation and shall be otherwise confidential. Any cost related to the evaluation shall be paid by the responding agency.
(c)
Any evaluation provided for in subsection (a) shall be conducted pursuant to emergency rules promulgated by the commissioner of health consistent with federal regulations for such determination of exposure experienced by emergency response workers. Any agency, individual, or facility providing any assistance or information necessary for completing the evaluation shall not incur any civil or criminal liability as a result of providing assistance or information consistent with the rules promulgated pursuant to this subsection (c).
(d)
The categories of individuals who may request evaluations are paramedics, emergency response employees, fire fighters, first response workers, emergency medical technicians, and volunteers making an authorized emergency response. The evaluations may also be requested by any person rendering services as a good samaritan under the Good Samaritan Law.
Acts 1997 , ch. 539, § 1; 2002, ch. 589, §§ 1 - 3; 2009 , ch. 566, § 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 10 - SEXUALLY TRANSMITTED DISEASES (§§ 68-10-101 — 68-10-118) › Section 68-10-118 - AIDS Centers of Excellence established - Committee membership - Terms - Compensation and reimbursement

(a)
Subject to annual appropriations made available to the state by the United States public health service through Part B (Title II) of the Ryan White CARE Act (
42 U.S.C. § 300ff-21
et seq.), the commissioner of health shall establish an AIDS Center of Excellence advisory committee to advise the department of health in the designation of AIDS Centers of Excellence, provide quality assurance monitoring for the centers, and the establishment and review of policies for continuation of the AIDS Centers of Excellence. If, in any fiscal year, federal funding for the committee is eliminated or reduced, then the committee shall cease to exist in accordance with title 4, chapter 29.
(b)
The committee shall be appointed by the commissioner of health, and shall be composed of the commissioner of health or the commissioner's designee, who shall serve as chair; the director of communicable and environmental disease services within the Tennessee department of health; three (3) physicians licensed in the state of Tennessee, each representing a grand division of the state and actively involved in the delivery of HIV/AIDS care; an attorney licensed in the state of Tennessee; a nurse licensed in the state of Tennessee and actively involved in the delivery of HIV/AIDS care; a social worker licensed in the state of Tennessee and actively involved in the delivery of HIV/AIDS care; and two (2) at-large members currently living with HIV/AIDS.
(c)
The members' appointments shall be staggered as follows: four (4) members to be appointed for a term of three (3) years; two (2) members for a term of four (4) years; and the remaining members for a term of two (2) years. Any member appointed to fill a vacancy for an unexpired term shall serve the remainder of that term.
(d)
The committee shall meet as frequently as the commissioner deems necessary, but not less than once each year. The committee members shall receive no compensation but will be reimbursed for travel expenses incurred in carrying out their duties as members of this committee. All reimbursements 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.
Acts 2001, ch. 294, § 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 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 2 - REGULATION OF HEALTH AND RELATED FACILITIES (§§ 68-11-NEW — 68-11-277) › Section 68-11-NEW - [Newly enacted section not yet numbered] (§ 68-11-NEW) › 1

(a)
A business associate, as that term is defined in
45 CFR § 160.103
, shall comply with:
(1)
The Health Insurance Portability and Accountability Act (HIPAA) (
42 U.S.C. § 1320d
et seq.) and standards for privacy of individually identifiable health information required by 45 CFR Parts 160 and 164; and
(2)
Federal laws regulating information blocking, as that term is defined in
45 CFR § 171.103
.
(b)
The attorney general and reporter may institute an action for injunctive relief to restrain a violation of subsection (a).
(c)
(1)
In addition to the injunctive relief provided in subsection (b), the attorney general and reporter may institute an action for civil penalties against a business associate for a violation of subsection (a). A civil penalty assessed under this section must not exceed:
(A)
Five thousand dollars ($5,000) for each violation committed negligently that occurs in one (1) year, regardless of how long the violation continues during that year;
(B)
Twenty-five thousand dollars ($25,000) for each violation committed knowingly or intentionally that occurs in one (1) year, regardless of how long the violation continues during that year; or
(C)
Two hundred fifty thousand dollars ($250,000) for each violation in which the covered entity knowingly or intentionally committed the violation for financial gain.
(2)
If the court in a pending action under this subsection (c) finds that the violations occurred with a frequency as to constitute a pattern or practice, then the court may assess additional civil penalties for each violation.
(d)
In determining the amount of a penalty imposed under subsection (c), the court shall consider:
(1)
The seriousness of the violation, including the nature, circumstances, extent, and gravity of the disclosure or blocking of information;
(2)
The business associate's compliance history;
(3)
Whether the violation poses a significant risk of financial, reputational, or other harm to an individual whose protected health information is involved in the violation;
(4)
The amount necessary to deter a future violation;
(5)
The business associate's efforts to correct the violation;
(6)
The size and geographic location of the business associate; and
(7)
The financial impact the penalty would have on the business associate's financial viability and ability to adequately serve an underserved community or population.
(e)
This section does not apply to:
(1)
Persons or entities licensed under title 63 or this title; or
(2)
A body, authority, board, bureau, commission, district, or agency of this state or a political subdivision of this state.
(f)
This section does not apply to a person or entity that is licensed under this title or title 63.
Added by 2024 Tenn. Acts, ch. 931,s 2, eff. 5/6/2024.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 2 - REGULATION OF HEALTH AND RELATED FACILITIES (§§ 68-11-NEW — 68-11-277) › Section 68-11-NEW - [Newly enacted section not yet numbered] (§ 68-11-NEW) › 2

Notwithstanding another law, the home addresses, telephone numbers, dates of birth, and photographs of current or former personnel of the health facilities commission or board for licensing healthcare facilities whose duties include the investigation of complaints filed against healthcare facilities, or the inspection of healthcare facilities licensed or certified by the health facilities commission or the board for licensing healthcare facilities, as well as the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such personnel, including the names and locations of schools and day care facilities attended by the children of such personnel are not a public record open to inspection and are exempt from public disclosure pursuant to title 10, chapter 7, part 5.
Added by 2024 Tenn. Acts, ch. 932,s 1, eff. 7/1/2024.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 2 - REGULATION OF HEALTH AND RELATED FACILITIES (§§ 68-11-NEW — 68-11-277) › Section 68-11-NEW - [Newly enacted section not yet numbered] (§ 68-11-NEW) › 3

Fees collected pursuant to§ 68-11-202(c) must not revert to the general fund on any June 30, but must remain available for expenditure in subsequent fiscal years. These funds may be expended for operating expenses of the commission as authorized in the annual appropriations act.
Added by 2024 Tenn. Acts, ch. 932,s 19, eff. 7/1/2024.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 2 - REGULATION OF HEALTH AND RELATED FACILITIES (§§ 68-11-NEW — 68-11-277) › Section 68-11-NEW - [Newly enacted section not yet numbered] (§ 68-11-NEW) › 6

The attorney general and reporter, either on the attorney general and reporter's own initiative or upon request of the health facilities commission or executive director, may petition a court for appointment of a receiver for a facility. The petition must be filed in the chancery court of the county where the facility is located. The court shall hold a hearing on the petition within five (5) days of the filing of the petition and determine the matter within fifteen (15) days of the initial hearing. The petition and notice of the hearing must be served on the operator or administrator of the facility or, if personal service is impossible, must be posted in a conspicuous place in the facility not later than three (3) days before the time specified for the hearing, unless a different period is fixed by order of the court.
Added by 2024 Tenn. Acts, ch. 932,s 23, eff. 7/1/2024.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 2 - REGULATION OF HEALTH AND RELATED FACILITIES (§§ 68-11-NEW — 68-11-277) › Section 68-11-NEW - [Newly enacted section not yet numbered] (§ 68-11-NEW) › 7

(a)
As used in this section:
(1)
"CMS" means the federal centers for medicare and medicaid services;
(2)
"Long-term care facility" means a nursing facility that is certified under Title XVIII or Title XIX of the Social Security Act (
42 U.S.C. § 1395
et seq. and
42 U.S.C. § 1396
et seq.); and
(3)
"Long-term care provider association" means the Tennessee Health Care Association, Tennessee Center for Assisted Living, LeadingAge Tennessee, and Argentum.
(b)
The health facilities commission shall provide training for surveyors and investigators who perform duties related to nursing facilities in this title.
(c)
The commission and representatives of long-term care provider associations shall evaluate and discuss opportunities for joint training no less than annually or upon the release of any new regulatory guideline, regulation, interpretation, program letter, or memorandum, or other new materials used in surveyor training. Discussions must include training of long-term care providers and health facilities commission survey inspectors and must. be conducted jointly on the commission's new expectations and the use of subject matter experts in the field to develop or make available training resources on current standards of practice and the use of technology..
(d)
The commission shall invite representatives of long-term care provider associations to participate in the planning process for any joint surveyor and provider training session, which may be held in person or remotely, and as often as necessary.
(e)
(1)
The commission may seek approval from CMS to utilize money from the Civil Money Penalty Reinvestment Program to cover the costs of joint training for surveyors and staff of long-term care facilities.
(2)
If CMS denies the commission's application for funding to cover the cost of an in-person training session, then the commission and the long-term care provider associations shall share in the cost of providing the training.
(3)
If the training is approved by the commission, then this section does not prohibit a long-term care provider association from offering joint training to its membership and surveyors.
Added by 2024 Tenn. Acts, ch. 932,s 25, eff. 7/1/2024.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 2 - REGULATION OF HEALTH AND RELATED FACILITIES (§§ 68-11-NEW — 68-11-277) › Section 68-11-NEW - [Newly enacted section not yet numbered] (§ 68-11-NEW) › 8

(a)
As used in this section:
(1)
"Affiliate" means an entity that is controlled by or under common control with an acute care hospital;
(2)
"Control" means the ability through ownership, voting authority, or contract to make final decisions regarding management and operation;
(3)
"Hospital-based ambulatory surgical treatment center" means a licensed ambulatory surgical treatment center that is controlled by an acute care hospital or an affiliate of an acute care hospital; and
(4)
"Non-hospital ambulatory surgical treatment center" means a licensed ambulatory surgical treatment center that is not a hospital-based ambulatory surgical treatment center.
(b)
In addition to licensing standards and requirements applicable to all ambulatory surgical treatment centers, the commission is authorized to adopt by rule licensing standards as described in this subsection (b) for non-hospital ambulatory surgical treatment centers licensed on or after December 1, 2027. Such standards must include, at a minimum, requirements that a non-hospital ambulatory surgical treatment center:
(1)
Participate in the TennCare medical assistance program and provide an amount of care to patients who are TennCare enrollees that is comparable to similarly situated hospital-based ambulatory surgical treatment centers, taking into account the types of outpatient surgeries, procedures, and treatments being performed in the facility; and
(2)
Provide an amount of charity care that is comparable to similarly situated hospital-based ambulatory surgical treatment centers, taking into account the types of outpatient surgeries, procedures, and treatments being performed in the facility.
(c)
In developing licensing standards pursuant to this section, the commission shall complete a report by December 1, 2025, that includes a compilation of payor mix information, by geographical area and type of surgery or procedure, for outpatient surgeries, procedures, and treatments performed in hospitals and hospital-based ambulatory surgical surgery centers. The payor mix information must include percentages of patients who are TennCare enrollees, medicare patients, or charity care patients. The report must be developed with participation from and input of various stakeholders, including existing ambulatory surgical treatment centers, physicians, nonprofit hospitals, rural hospitals, investor-owned hospitals, and others in the discretion of the commission.
Added by 2024 Tenn. Acts, ch. 985,s 11, eff. 7/1/2024.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 2 - REGULATION OF HEALTH AND RELATED FACILITIES (§§ 68-11-NEW — 68-11-277) › Section 68-11-204 - [Effective Until 12/1/2025] Requirement for license - Governmental institutions exempted

(a)
(1)
No person, partnership, association, corporation or any state, county or local government unit, or any division, department, board or agency of the governmental unit, shall establish, conduct, operate or maintain in this state any hospital, recuperation center, nursing home, home for the aged, residential HIV supportive living facility, assisted-care living facilities, home care organization, residential hospice, birthing center, prescribed child care center, renal dialysis clinic, outpatient diagnostic center, ambulatory surgical treatment center, adult care homes or traumatic brain injury residential homes as defined in this part, without having a license.
(2)
State or local government home care organizations may be excluded by the board.
(3)
An independent living facility is exempt from the licensure requirements of this part.
(b)
Any health care facility or local health department operated by the federal government shall be exempt from this part.
(c)
The commission, in its discretion, is authorized to issue licenses to several licensees in such form as it may deem necessary to distinguish between and identify any of the facilities required to be licensed by the commission.
(d)
Nothing in this part requires a person or entity providing hospice residential services as of July 1, 1992, to obtain a certificate of need as a residential hospice, if such person or entity, prior to July 1, 1992, had qualified for reimbursement as a hospice under the federal medicare program.
Amended by 2023 Tenn. Acts, ch. 466, s 38, eff. 7/1/2024.
Amended by 2022 Tenn. Acts, ch. 1119, s 26, eff. 7/1/2022.
Amended by 2017 Tenn. Acts, ch. 242, s 1, eff. 5/2/2017.
Acts 1947, ch. 13, § 6; C. Supp. 1950, § 5879.5 (Williams, § 4432.6); Acts 1953, ch. 113, § 27; 1968, ch. 552, § 2; 1971, ch. 225, § 3; 1975, ch. 276, § 3; 1976, ch. 471, § 3; T.C.A. (orig. ed.), § 53-1305; Acts 1992, ch. 805, §§ 4, 5; 1993, ch. 234, § 14; 1994, ch. 747, § 5; 1996, ch. 674, § 4; 1996, ch. 818, § 3; 1998, ch. 1021, § 4; 2000, ch. 981, §§ 83, 84; 2001, ch. 285, §§ 3, 4; 2001, ch. 438, §§ 4 - 6, 18; 2004, ch. 917, § 3; 2009 , ch. 186, § 12; 2009 , ch. 579, § 7; 2012, ch. 1086, § 8.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 2 - REGULATION OF HEALTH AND RELATED FACILITIES (§§ 68-11-NEW — 68-11-277) › Section 68-11-204 - [Effective 12/1/2025] [Effective Until 12/1/2027] Requirement for license - Governmental institutions exempted

(a)
(1)
A person, partnership, association, or corporation, this state, a county or local government unit, and any division, department, board, or agency of a government unit, shall not establish, conduct, operate, or maintain the following in this state without a license:
(A)
A hospital;
(B)
A recuperation center;
(C)
A nursing home;
(D)
A home for the aged;
(E)
A residential HIV supportive living facility;
(F)
An assisted-care living facility;
(G)
A home care organization;
(H)
A residential hospice;
(I)
A birthing center;
(J)
A prescribed child care center;
(K)
A renal dialysis clinic;
(L)
An outpatient diagnostic center;
(M)
An ambulatory surgical treatment center;
(N)
An adult care home;
(O)
A traumatic brain injury residential home;
(P)
A burn unit;
(Q)
A neonatal intensive care unit;
(R)
Magnetic resonance imaging; or
(S)
Positron emission tomography.
(2)
State or local government home care organizations may be excluded by the board.
(3)
An independent living facility is exempt from the licensure requirements of this part.
(b)
Any health care facility or local health department operated by the federal government shall be exempt from this part.
(c)
The commission, in its discretion, is authorized to issue licenses to several licensees in such form as it may deem necessary to distinguish between and identify any of the facilities required to be licensed by the commission.
(d)
Nothing in this part requires a person or entity providing hospice residential services as of July 1, 1992, to obtain a certificate of need as a residential hospice, if such person or entity, prior to July 1, 1992, had qualified for reimbursement as a hospice under the federal medicare program.
Amended by 2024 Tenn. Acts, ch. 985,s 8, eff. 12/1/2025.
Amended by 2022 Tenn. Acts, ch. 1119, s 26, eff. 7/1/2022.
Amended by 2017 Tenn. Acts, ch. 242, s 1, eff. 5/2/2017.
Acts 1947, ch. 13, § 6; C. Supp. 1950, § 5879.5 (Williams, § 4432.6); Acts 1953, ch. 113, § 27; 1968, ch. 552, § 2; 1971, ch. 225, § 3; 1975, ch. 276, § 3; 1976, ch. 471, § 3; T.C.A. (orig. ed.), § 53-1305; Acts 1992, ch. 805, §§ 4, 5; 1993, ch. 234, § 14; 1994, ch. 747, § 5; 1996, ch. 674, § 4; 1996, ch. 818, § 3; 1998, ch. 1021, § 4; 2000, ch. 981, §§ 83, 84; 2001, ch. 285, §§ 3, 4; 2001, ch. 438, §§ 4 - 6, 18; 2004, ch. 917, § 3; 2009 , ch. 186, § 12; 2009 , ch. 579, § 7; 2012, ch. 1086, § 8.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 2 - REGULATION OF HEALTH AND RELATED FACILITIES (§§ 68-11-NEW — 68-11-277) › Section 68-11-204 - [Effective 12/1/2027] [Effective Until 12/1/2029] Requirement for license - Governmental institutions exempted

(a)
(1)
A person, partnership, association, or corporation, this state, a county or local government unit, and any division, department, board, or agency of a government unit, shall not establish, conduct, operate, or maintain the following in this state without a license:
(A)
A hospital;
(B)
A recuperation center;
(C)
A nursing home;
(D)
A home for the aged;
(E)
A residential HIV supportive living facility;
(F)
An assisted-care living facility;
(G)
A home care organization;
(H)
A residential hospice;
(I)
A birthing center;
(J)
A prescribed child care center;
(K)
A renal dialysis clinic;
(L)
An outpatient diagnostic center;
(M)
An ambulatory surgical treatment center;
(N)
An adult care home;
(O)
A traumatic brain injury residential home;
(P)
A burn unit;
(Q)
A neonatal intensive care unit;
(R)
Magnetic resonance imaging; or
(S)
Positron emission tomography.
(T)
A linear accelerator.
(2)
State or local government home care organizations may be excluded by the board.
(3)
An independent living facility is exempt from the licensure requirements of this part.
(b)
Any health care facility or local health department operated by the federal government shall be exempt from this part.
(c)
The commission, in its discretion, is authorized to issue licenses to several licensees in such form as it may deem necessary to distinguish between and identify any of the facilities required to be licensed by the commission.
(d)
Nothing in this part requires a person or entity providing hospice residential services as of July 1, 1992, to obtain a certificate of need as a residential hospice, if such person or entity, prior to July 1, 1992, had qualified for reimbursement as a hospice under the federal medicare program.
Amended by 2024 Tenn. Acts, ch. 985,s 15, eff. 12/1/2027.
Amended by 2024 Tenn. Acts, ch. 985,s 8, eff. 12/1/2025.
Amended by 2023 Tenn. Acts, ch. 466, s 38, eff. 7/1/2024.
Amended by 2022 Tenn. Acts, ch. 1119, s 26, eff. 7/1/2022.
Amended by 2017 Tenn. Acts, ch. 242, s 1, eff. 5/2/2017.
Acts 1947, ch. 13, § 6; C. Supp. 1950, § 5879.5 (Williams, § 4432.6); Acts 1953, ch. 113, § 27; 1968, ch. 552, § 2; 1971, ch. 225, § 3; 1975, ch. 276, § 3; 1976, ch. 471, § 3; T.C.A. (orig. ed.), § 53-1305; Acts 1992, ch. 805, §§ 4, 5; 1993, ch. 234, § 14; 1994, ch. 747, § 5; 1996, ch. 674, § 4; 1996, ch. 818, § 3; 1998, ch. 1021, § 4; 2000, ch. 981, §§ 83, 84; 2001, ch. 285, §§ 3, 4; 2001, ch. 438, §§ 4 - 6, 18; 2004, ch. 917, § 3; 2009 , ch. 186, § 12; 2009 , ch. 579, § 7; 2012, ch. 1086, § 8.
This section is set out more than once due to postponed, multiple, or conflicting amendments.