reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 19 - PHYSICIAN ASSISTANTS (§§ 63-19-101 — 63-19-314) › Part 3 - PHYSICIAN ASSISTANT (PA) › Section 63-19-306 - [Effective 1/1/2025] Designation of the State from Which Licensee is Applying for a Compact Privilege

(a)
Upon a Licensee's application for a Compact Privilege, the Licensee shall identify to the Commission the Participating State from which the Licensee is applying, in accordance with applicable Rules adopted by the Commission, and subject to the following requirements:
(1)
When applying for a Compact Privilege, the Licensee shall provide the Commission with the address of the Licensee's primary residence and thereafter shall immediately report to the Commission any change in the address of the Licensee's primary residence; and
(2)
When applying for a Compact Privilege, the Licensee is required to consent to accept service of process by mail at the Licensee's primary residence on file with the Commission with respect to any action brought against the Licensee by the Commission or a Participating State, including a subpoena, with respect to any action brought or investigation conducted by the Commission or a Participating State.
Added by 2024 Tenn. Acts, ch. 1018,s 1, eff. 1/1/2025.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 19 - PHYSICIAN ASSISTANTS (§§ 63-19-101 — 63-19-314) › Part 3 - PHYSICIAN ASSISTANT (PA) › Section 63-19-309 - [Effective 1/1/2025] Data System

(a)
The Commission shall provide for the development, maintenance, operation, and utilization of a coordinated data and reporting system containing licensure, Adverse Action, and the reporting of the existence of Significant Investigative Information on all licensed Physician Assistants and applicants denied a License in Participating States.
(b)
Notwithstanding any other State law to the contrary, a Participating State shall submit a uniform data set to the Data System on all Physician Assistants to whom this Compact is applicable (utilizing a unique identifier) as required by the Rules of the Commission, including:
(1)
Identifying information;
(2)
Licensure data;
(3)
Adverse Actions against a License or Compact Privilege;
(4)
Any denial of application for licensure, and the reason(s) for such denial (excluding the reporting of any Criminal history record information where prohibited by law);
(5)
The existence of Significant Investigative Information; and
(6)
Other information that may facilitate the administration of this Compact, as determined by the Rules of the Commission.
(c)
Significant Investigative Information pertaining to a Licensee in any Participating State shall only be available to other Participating States.
(d)
The Commission shall promptly notify all Participating States of any Adverse Action taken against a Licensee or an individual applying for a License that has been reported to it. This Adverse Action information shall be available to any other Participating State.
(e)
Participating States contributing information to the Data System may, in accordance with State or federal law, designate information that may not be shared with the public without the express permission of the contributing State. Notwithstanding any such designation, such information shall be reported to the Commission through the Data System.
(f)
Any information submitted to the Data System that is subsequently expunged pursuant to federal law or the laws of the Participating State contributing the information shall be removed from the Data System upon reporting of such by the Participating State to the Commission.
(g)
The records and information provided to a Participating State pursuant to this Compact or through the Data System, when certified by the Commission or an agent thereof, shall constitute the authenticated business records of the Commission, and shall be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial, or administrative proceedings in a Participating State.
Added by 2024 Tenn. Acts, ch. 1018,s 1, eff. 1/1/2025.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 19 - PHYSICIAN ASSISTANTS (§§ 63-19-101 — 63-19-314) › Part 3 - PHYSICIAN ASSISTANT (PA) › Section 63-19-313 - [Effective 1/1/2025] Construction and Severability

(a)
This Compact and the Commission's rulemaking authority shall be liberally construed so as to effectuate the purposes and the implementation and administration of the Compact. Provisions of the Compact expressly authorizing or requiring the promulgation of Rules shall not be construed to limit the Commission's rulemaking authority solely for those purposes.
(b)
The provisions of this Compact shall be severable and if any phrase, clause, sentence, or provision of this Compact is held by a court of competent jurisdiction to be contrary to the constitution of any Participating State, a State seeking participation in the Compact, or of the United States, or the applicability thereof to any government, agency, person, or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this Compact and the applicability thereof to any other government, agency, person, or circumstance shall not be affected thereby.
(c)
Notwithstanding subsection (a) or (b), the Commission may deny a State's participation in the Compact or, in accordance with the requirements of § 63-19-311(b), terminate a Participating State's participation in the Compact, if it determines that a constitutional requirement of a Participating State is, or would be with respect to a State seeking to participate in the Compact, a material departure from the Compact. Otherwise, if this Compact shall be held to be contrary to the constitution of any Participating State, the Compact shall remain in full force and effect as to the remaining Participating States and in full force and effect as to the Participating State affected as to all severable matters.
Added by 2024 Tenn. Acts, ch. 1018,s 1, eff. 1/1/2025.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 19 - PHYSICIAN ASSISTANTS (§§ 63-19-101 — 63-19-314) › Part 3 - PHYSICIAN ASSISTANT (PA) › Section 63-19-314 - [Effective 1/1/2025] Binding Effect of Compact

(a)
Nothing herein prevents the enforcement of any other law of a Participating State that is not inconsistent with this Compact.
(b)
Any laws in a Participating State in conflict with this Compact are superseded to the extent of the conflict.
(c)
All agreements between the Commission and the Participating States are binding in accordance with their terms.
Added by 2024 Tenn. Acts, ch. 1018,s 1, eff. 1/1/2025.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 20 - GRADUATE PHYSICIANS ACT (§§ 63-20-101 — 63-20-111) › Section 63-20-101 - [Effective 1/1/2025] Short title

This chapter is known and may be cited as the "Graduate Physicians Act."
Added by 2023 Tenn. Acts, ch. 470, s 1, eff. 1/1/2025.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 20 - GRADUATE PHYSICIANS ACT (§§ 63-20-101 — 63-20-111) › Section 63-20-102 - [Effective 1/1/2025] Chapter definitions

As used in this chapter:
(1)
"Graduate physician" means a medical school graduate who:
(A)
Is a resident and citizen of the United States or a legal resident alien in the United States; and
(B)
Has successfully completed Step 1 and Step 2 of the United States Medical Licensing Examination (USMLE), or the equivalent of Step 1 and Step 2 of any other medical licensing examination or combination of examinations that is approved by the board of medical examiners or board of osteopathic examination, within the two-year period immediately preceding the date of the person's application for licensure as a graduate physician, but not more than three (3) years after graduation from a medical school or school of osteopathic medicine;
(2)
"Graduate physician collaborative practice arrangement" means an agreement between a licensed physician and a graduate physician that meets the requirements of this chapter;
(3)
"Medical school graduate" means any person who has graduated from a medical school as described in §
63-6-207
or a school of osteopathic medicine as described in §
63-9-104
; and
(4)
"Primary care services" means medical services in pediatrics, internal medicine, and family medicine.
Added by 2023 Tenn. Acts, ch. 470, s 1, eff. 1/1/2025.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 20 - GRADUATE PHYSICIANS ACT (§§ 63-20-101 — 63-20-111) › Section 63-20-103 - [Effective 1/1/2025] Collaborative practice arrangement requirements

A graduate physician collaborative practice arrangement must limit the graduate physician to providing primary care services in:
(1)
A medically underserved rural area of this state;
(2)
A pilot project area established for graduate physicians to practice; or
(3)
A rural health clinic as defined under §§ 1861(aa) and 1905 of the federal Social Security Act (
42 U.S.C. §§ 1395x
and
1396d
, respectively).
Added by 2023 Tenn. Acts, ch. 470, s 1, eff. 1/1/2025.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 20 - GRADUATE PHYSICIANS ACT (§§ 63-20-101 — 63-20-111) › Section 63-20-104 - [Effective 1/1/2025] Graduate physicians' supervision requirements

Graduate physicians are subject to the supervision requirements established in any controlling federal law, any supervision requirements provided in this chapter, and any supervision requirements established by the board of medical examiners. Graduate physicians are not subject to any additional supervision requirements, other than the supervision requirements outlined in this section.
Added by 2023 Tenn. Acts, ch. 470, s 1, eff. 1/1/2025.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 20 - GRADUATE PHYSICIANS ACT (§§ 63-20-101 — 63-20-111) › Section 63-20-105 - [Effective 1/1/2025] Promulgation of licensure rules

(a)
The board of medical examiners, in consultation with the board of osteopathic examination, is authorized to promulgate rules:
(1)
To establish the process for licensure of graduate physicians, supervision requirements, and additional requirements for graduate physician collaborative practice arrangements;
(2)
To set fees, which must include a requirement that the total fees collected each year must be greater than or equal to the total costs necessary to facilitate the graduate physician collaborative practice arrangement each year; and
(3)
To address any other matters necessary to protect the public and discipline the profession.
(b)
A graduate physician's license issued pursuant to this chapter and the rules promulgated by the board of medical examiners is only valid for two (2) years from the date of issuance and is not subject to renewal. The board of medical examiners or board of osteopathic examination may deny an application for licensure or suspend or revoke the license of a graduate physician for violation of the standards provided in §§
63-6-214
and
63-9-111
, as applicable, or for a violation of the standards of conduct established by the board of medical examiners by rule.
(c)
Any rule promulgated under the authority delegated to the board of medical examiners in this chapter becomes effective only if it complies with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Added by 2023 Tenn. Acts, ch. 470, s 1, eff. 1/1/2025.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 20 - GRADUATE PHYSICIANS ACT (§§ 63-20-101 — 63-20-111) › Section 63-20-106 - [Effective 1/1/2025] Graduate physician identification - Collaborative practice arrangement required

A graduate physician shall clearly identify as a graduate physician and is permitted to use the identifiers "doctor" or "Dr." A graduate physician shall not practice, or attempt to practice, without a graduate physician collaborative practice arrangement, except as otherwise provided in this chapter.
Added by 2023 Tenn. Acts, ch. 470, s 1, eff. 1/1/2025.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 20 - GRADUATE PHYSICIANS ACT (§§ 63-20-101 — 63-20-111) › Section 63-20-107 - [Effective 1/1/2025] Licensed physician supervision of graduate physicians

The licensed physician collaborating with a graduate physician is responsible for supervising the activities of the graduate physician and must accept full responsibility for the primary care services provided by the graduate physician.
Added by 2023 Tenn. Acts, ch. 470, s 1, eff. 1/1/2025.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 20 - GRADUATE PHYSICIANS ACT (§§ 63-20-101 — 63-20-111) › Section 63-20-109 - [Effective 1/1/2025] Board promulgation rules regarding graduate physician collaborative practice arrangements - Arrangement limitations

(a)
The board of medical examiners, in consultation with the board of osteopathic examination, shall promulgate rules regulating the use of graduate physician collaborative practice arrangements for graduate physicians. The rules must specify:
(1)
The geographic areas to be covered;
(2)
The methods of treatment that may be covered by the graduate physician collaborative practice arrangement;
(3)
The educational methods and programs to be performed during the collaborative practice service, developed in consultation with deans of medical schools and primary care residency program directors in this state, which must facilitate the advancement of the graduate physician's medical knowledge and capabilities, the successful completion of which may lead to credit toward a future residency program that deems the documented educational achievements of the graduate physician through the methods and programs acceptable; and
(4)
Require review of the services provided under a graduate physician collaborative practice arrangement.
(b)
A collaborating physician shall not enter into a graduate physician collaborative practice arrangement with more than three (3) graduate physicians at the same time.
Added by 2023 Tenn. Acts, ch. 470, s 1, eff. 1/1/2025.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 20 - GRADUATE PHYSICIANS ACT (§§ 63-20-101 — 63-20-111) › Section 63-20-110 - [Effective 1/1/2025] Limitations of the boards rulemaking and disciplinary authority - Reporting requirements - Consent required from physician and graduate physician - Identification requirements

(a)
The board of medical examiners, in consultation with the board of osteopathic examination, shall promulgate rules applicable to graduate physicians that are consistent with the guidelines established for federally funded clinics. The rulemaking authority granted to the board of medical examiners in this subsection (a) does not extend to graduate physician collaborative practice arrangements of hospital employees providing inpatient care within hospitals.
(b)
The state board of medical examiners or board of osteopathic examination shall not deny, revoke, suspend, or otherwise take disciplinary action against a collaborating physician for primary care services delegated to a graduate physician as long as the provisions of this section and any applicable rules promulgated by the board of medical examiners are satisfied.
(c)
Within thirty (30) days of any licensure change, the state board of medical examiners or board of osteopathic examination must require every physician to identify whether the physician is engaged in a graduate physician collaborative practice arrangement, and to report to the board the name of each graduate physician with whom the physician has entered into an arrangement. The board may make the information available to the public. The board shall track the reported information and may routinely conduct reviews or inspections to ensure that the arrangements are being carried out in compliance with this chapter.
(d)
A contract or other agreement cannot require a physician to act as a collaborating physician for a graduate physician against the physician's will. A physician has the right to refuse to act as a collaborating physician, without penalty, for a particular graduate physician. A contract or other agreement cannot limit the collaborating physician's authority over any protocols or standing orders, or delegate the physician's authority to a graduate physician. However, this subsection (d) does not authorize a physician in implementing protocols, standing orders, or delegation to violate applicable standards for safe medical practice established by a hospital's medical staff.
(e)
A contract or other agreement cannot require a graduate physician to serve as a graduate physician for any collaborating physician against the graduate physician's will. A graduate physician has the right to refuse to collaborate, without penalty, with a particular physician.
(f)
All collaborating physicians and graduate physicians under a graduate physician collaborative practice arrangement must wear identification badges while acting within the scope of the arrangement. The identification badges must prominently display the licensure status of the collaborating physician and the graduate physician.
Added by 2023 Tenn. Acts, ch. 470, s 1, eff. 1/1/2025.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 20 - GRADUATE PHYSICIANS ACT (§§ 63-20-101 — 63-20-111) › Section 63-20-111 - [Effective 1/1/2025] Certification course for collaborating physicians - Collaborative practice arrangements superseding hospital licensing regulations

(a)
The collaborating physician must complete a certification course, which may include material on the laws pertaining to the professional relationship. The certification course must be approved by the board of medical examiners or board of osteopathic examination.
(b)
A graduate physician collaborative practice arrangement supersedes current hospital licensing regulations governing hospital medication orders under protocols or standing orders for the purpose of delivering inpatient or emergency care within a hospital as defined in §
68-11-201
, if the protocols or standing orders have been approved by the hospital's medical staff and pharmaceutical therapeutics committee.
Added by 2023 Tenn. Acts, ch. 470, s 1, eff. 1/1/2025.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 22 - PROFESSIONAL COUNSELORS, MARITAL AND FAMILY THERAPISTS, AND CLINICAL PASTORAL THERAPISTS (§§ 63-22-101 — 63-22-404) › Part 1 - PROFESSIONAL COUNSELORS, MARITAL AND FAMILY THERAPISTS (§§ 63-22-101 — 63-22-122) › Section 63-22-102

The board shall:
(1)
Adopt rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, as are necessary to carry out and make effective this part;
(2)
Review the credentials of licensure of professional counselor applicants to determine if they are eligible for licensure, upon payment of a nonrefundable fee as set by the board;
(3)
Prepare or select and administer examinations to applicants for licensure;
(4)
License as professional counselor applicants who satisfy the requirements of §§ 63-22-104, 63-22-107, and 63-22-110 and establish by rule any additional qualifications of the applicants necessary for the practice of professional counseling as provided in this part;
(5)
Review the credentials for licensure of marital and family therapy applicants to determine if they are eligible for licensure upon payment of a nonrefundable review fee as set by the board;
(6)
Prepare or select and administer examinations to marital and family therapist applicants for licensure;
(7)
Ucense as marital and family therapist applicants who satisfy the requirements of §§ 63-22-106, 63-22-107, and 63-22-108, or satisfy the requirements of § 63-22-103;
(8)
Set continuing education requirements for renewal of licenses and certificates;
(9)
Renew, revoke and reinstate licenses and certificates as described in §§
63-22-108
and
63-22-110
;
(10)
Review the credentials of clinical pastoral therapist applicants to determine if they are eligible for certification upon payment of a nonrefundable review fee as set by the board;
(11)
Prepare or select and administer examinations to clinical pastoral therapy applicants for certification; and
(12)
Certify clinical pastoral therapists who satisfy the requirements of §
63-22-203
.
Amended by 2024 Tenn. Acts, ch. 1035,s 5, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 1035,s 4, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 1035,s 3, eff. 7/1/2024.
Acts 1984, ch. 933, § 3; 1989, ch. 523, § 99; 1991, ch. 141, § 4; 1991, ch. 421, § 5; 1995, ch. 318, § 1; 1997 , ch. 485, § 4.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 22 - PROFESSIONAL COUNSELORS, MARITAL AND FAMILY THERAPISTS, AND CLINICAL PASTORAL THERAPISTS (§§ 63-22-101 — 63-22-404) › Part 1 - PROFESSIONAL COUNSELORS, MARITAL AND FAMILY THERAPISTS (§§ 63-22-101 — 63-22-122) › Section 63-22-103 - Reciprocity - Licensure without examination - Licensure by endorsement

(a)
The board shall license without examination a marital and family therapist applicant who is licensed to practice independently in another state if the applicant's qualifications meet the licensure requirements under this part.
(b)
The board may enter into a reciprocal agreement with any other state that licenses marital and family therapists.
Amended by 2024 Tenn. Acts, ch. 700,s 1, eff. 7/1/2024.
Acts 1984, ch. 933, § 4; 1991, ch. 141, § 5; 1991, ch. 421, § 6.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 22 - PROFESSIONAL COUNSELORS, MARITAL AND FAMILY THERAPISTS, AND CLINICAL PASTORAL THERAPISTS (§§ 63-22-101 — 63-22-404) › Part 1 - PROFESSIONAL COUNSELORS, MARITAL AND FAMILY THERAPISTS (§§ 63-22-101 — 63-22-122) › Section 63-22-104 - Professional counselors - Fees - Qualifications

An applicant for licensure as a professional counselor shall pay the board a nonrefundable fee as set by the board and shall satisfy the board that the applicant:
(1)
Is at least eighteen (18) years of age;
(2)
Is of good moral character;
(3)
(A)
Has a conferred graduate degree in counseling or a closely related field;
(B)
Has obtained a total of sixty (60) graduate hours in counseling or a closely related field; and
(C)
Has completed a supervised field experience as either a practicum or internship;
(4)
Has had at least two (2) years of professional experience of a type judged to be acceptable by the board subsequent to being granted a graduate degree and has not violated § 63-22-110;
(5)
Has passed the examination offered by the National Board for Certified Counselors (NBCC) or such other examination approved by the board;
(6)
Has passed the Tennessee jurisprudence exam; and
(7)
Has met any additional criteria of the board established by rule.
Amended by 2024 Tenn. Acts, ch. 1035,s 6, eff. 7/1/2024.
Amended by 2022 Tenn. Acts, ch. 1040, s 3, eff. 1/1/2023.
Amended by 2022 Tenn. Acts, ch. 1040, s 2, eff. 1/1/2023.
Acts 1984, ch. 933, § 5; 1989, ch. 523, § 100; 1991, ch. 421, §§ 8-10; 1995, ch. 318, § 2.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 22 - PROFESSIONAL COUNSELORS, MARITAL AND FAMILY THERAPISTS, AND CLINICAL PASTORAL THERAPISTS (§§ 63-22-101 — 63-22-404) › Part 1 - PROFESSIONAL COUNSELORS, MARITAL AND FAMILY THERAPISTS (§§ 63-22-101 — 63-22-122) › Section 63-22-106 - Marital and family therapists - Fees - Qualifications

An applicant for licensure as a marital and family therapist shall pay the board a nonrefundable fee as set by the board and shall satisfy the board that the applicant:
(1)
Is at least eighteen (18) years of age;
(2)
Is of good moral character;
(3)
Has met standards set by the board no less stringent than the American Association for Marriage and Family Therapy's standards for a clinical member so long as such standards specify a minimum of a master's level degree; and
(4)
Shall pass such examination as may be administered by the board. Applicants shall bear the fee for testing in addition to the review fee and application fee.
Acts 1984, ch. 933, § 7; 1985, ch. 77, § 2; 1989, ch. 523, § 102; 1991, ch. 141, § 6.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 22 - PROFESSIONAL COUNSELORS, MARITAL AND FAMILY THERAPISTS, AND CLINICAL PASTORAL THERAPISTS (§§ 63-22-101 — 63-22-404) › Part 1 - PROFESSIONAL COUNSELORS, MARITAL AND FAMILY THERAPISTS (§§ 63-22-101 — 63-22-122) › Section 63-22-109 - Board action on completed applications for initial licensure or transfer

(a)
When the board receives a completed application for initial licensure or a completed application for licensure from an applicant who is licensed in another state or territory of the United States or in the District of Columbia, then the board shall, within sixty (60) days from the date the board receives the completed application:
(1)
Render a decision on the application; or
(2)
Inform the applicant of the need to appear before the board.
(b)
As used in this section, "completed application" means an application that satisfies all statutory and board rule requirements.
Added by 2023 Tenn. Acts, ch. 426, s 16, eff. 5/11/2023.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 22 - PROFESSIONAL COUNSELORS, MARITAL AND FAMILY THERAPISTS, AND CLINICAL PASTORAL THERAPISTS (§§ 63-22-101 — 63-22-404) › Part 1 - PROFESSIONAL COUNSELORS, MARITAL AND FAMILY THERAPISTS (§§ 63-22-101 — 63-22-122) › Section 63-22-110 - Denial, withholding, restricting or revoking licensure or certification - Disciplinary actions - Unprofessional conduct

(a)
The board has the power to:
(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 or certificate;
(3)
Suspend, limit or restrict a previously issued license or certificate for such time and in such manner as the board may determine;
(4)
Reprimand or take such action in relation to disciplining an applicant or license or certificate holder as the board in its discretion may deem proper; or
(5)
Permanently revoke a license or certificate.
(b)
The grounds upon which the board shall exercise such power includes, but is not limited to, the following:
(1)
Conviction of a felony;
(2)
Using fraud or deception in applying for a license or certificate or in taking an examination required by this part;
(3)
Violating the rules and regulations adopted by the board, except that a violation of A.11.b of the 2014 American Counseling Association Code of Ethics, or any similar or successor provision, shall not be grounds upon which the board shall exercise its powers pursuant to subsection (a); provided, however, that a violation of A.11.b shall be a ground for the board to exercise these powers in cases involving an individual seeking or undergoing counseling where the individual was in imminent danger of harming themselves or others; or
(4)
Engaging in professional misconduct, unethical or unprofessional conduct, including, but not limited to, willful acts, negligence and conduct likely to deceive, defraud or harm the public or engaged in such conduct.
(c)
The board has the power to:
(1)
Deny an application for a license to any marital and family therapist applicant who applies for the same through reciprocity or otherwise where the applicant does not meet the standards in this part;
(2)
Permanently or temporarily withhold issuance of a marital and family therapist license where the applicant does not meet the standards in this part;
(3)
Suspend, limit or restrict a previously issued license or certificate for such time and in such manner as the board may determine;
(4)
Reprimand or take such action in relation to disciplining an applicant or license holder or certificate holder as the board in its discretion may deem proper; or
(5)
Permanently revoke a license or certificate.
(d)
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 36, eff. 7/1/2018.
Amended by 2016 Tenn. Acts, ch. 926, s 2, eff. 4/27/2016.
Acts 1984, ch. 933, § 11; 1991, ch. 141, §§ 11, 12; 1991, ch. 421, § 16.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 22 - PROFESSIONAL COUNSELORS, MARITAL AND FAMILY THERAPISTS, AND CLINICAL PASTORAL THERAPISTS (§§ 63-22-101 — 63-22-404) › Part 1 - PROFESSIONAL COUNSELORS, MARITAL AND FAMILY THERAPISTS (§§ 63-22-101 — 63-22-122) › Section 63-22-111 - Reinstatement of revoked license or certificate

A person whose license or certificate has been revoked by the board is not eligible to apply for reinstatement earlier than one (1) year from the date of revocation.
Acts 1984, ch. 933, § 12; 1991, ch. 141, § 13; 1991, ch. 421, § 17.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 22 - PROFESSIONAL COUNSELORS, MARITAL AND FAMILY THERAPISTS, AND CLINICAL PASTORAL THERAPISTS (§§ 63-22-101 — 63-22-404) › Part 1 - PROFESSIONAL COUNSELORS, MARITAL AND FAMILY THERAPISTS (§§ 63-22-101 — 63-22-122) › Section 63-22-113 - Exemptions

(a)
This part does not apply to a person if the person is preparing for the practice of marital and family therapy under qualified supervision in a training institution or facility or supervisory arrangement recognized and approved by the board; provided, that such person is designated by such titles as "marital therapy intern," "family therapy trainee" or others clearly indicating such training status.
(b)
Nothing in this part shall be construed to prevent qualified members of other professional groups as defined by the board, including, but not limited to, licensed clinical social workers, licensed psychologists, licensed psychological examiners, licensed senior psychological examiners, certified psychological assistants, psychiatric nurses, physicians, attorneys at law or members of the clergy from doing or advertising that they perform the work of a marital and family therapy nature consistent with the accepted standards of their respective professions, nor to prevent alcohol and drug abuse counselors licensed under §
68-24-605
or operating under qualified supervision while seeking such certification from doing counseling consistent with the accepted standards of that profession.
Acts 1984, ch. 933, § 14; 1985, ch. 77, § 6; 1990, ch. 760, § 1; 1991, ch. 141, § 14; 1991, ch. 421, § 18; 1992, ch. 830, § 2; 2001, ch. 334, § 13; 2009 , ch. 186, § 8.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 22 - PROFESSIONAL COUNSELORS, MARITAL AND FAMILY THERAPISTS, AND CLINICAL PASTORAL THERAPISTS (§§ 63-22-101 — 63-22-404) › Part 1 - PROFESSIONAL COUNSELORS, MARITAL AND FAMILY THERAPISTS (§§ 63-22-101 — 63-22-122) › Section 63-22-114 - Confidentiality

The confidential relations and communications between licensed marital and family therapists, licensed professional counselors or certified clinical pastoral therapists and clients are placed upon the same basis as those provided by law between attorney and client, and nothing in this part shall be construed to require any such privileged communication to be disclosed. However, nothing contained within this section shall be construed to prevent disclosures of confidential communications in proceedings arising under title 37, chapter 1, part 4 concerning mandatory child abuse reports.
Acts 1990, ch. 760, § 2; 1991, ch. 421, § 20; 1993, ch. 152, § 1; 1997 , ch. 485, § 5.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 22 - PROFESSIONAL COUNSELORS, MARITAL AND FAMILY THERAPISTS, AND CLINICAL PASTORAL THERAPISTS (§§ 63-22-101 — 63-22-404) › Part 1 - PROFESSIONAL COUNSELORS, MARITAL AND FAMILY THERAPISTS (§§ 63-22-101 — 63-22-122) › Section 63-22-116 - Reciprocal agreements

(a)
The board may license, without examination, a professional counselor applicant who is currently licensed in another state if the applicant's qualifications meet the licensure requirements under this part.
(b)
The board may enter into a reciprocal agreement with any other state that licenses, certifies or registers professional counselors, if the board finds that such state has substantially the same or higher licensure requirements than Tennessee. This agreement shall provide that the board shall license any resident of another state who is currently licensed, certified or registered by that state, if such resident has met the same or higher requirements as provided for in this part.
(c)
If the board has entered into a reciprocal agreement with another state as described in subsection (b) on or before January 1, 2024, then the board shall grant a license to a person who:
(1)
Has a master's degree in counseling or education;
(2)
Has a valid, unencumbered license in the state with which this state has such reciprocal agreement;
(3)
Has actively practiced for at least the preceding twenty-four (24) months in the state with which this state has such reciprocal agreement; and
(4)
Has passed the examination offered by the National Board for Certified Counselors (NBCC) or such other examination approved by the board.
Amended by 2024 Tenn. Acts, ch. 586,s 1, eff. 3/15/2024.
Acts 1991, ch. 421, § 7; 1995, ch. 318, § 4.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 22 - PROFESSIONAL COUNSELORS, MARITAL AND FAMILY THERAPISTS, AND CLINICAL PASTORAL THERAPISTS (§§ 63-22-101 — 63-22-404) › Part 1 - PROFESSIONAL COUNSELORS, MARITAL AND FAMILY THERAPISTS (§§ 63-22-101 — 63-22-122) › Section 63-22-117 - Prohibited activities - Penalties - Exceptions to limitations

(a)
(1)
Except as specifically provided elsewhere in this part, commencing July 1, 1991, it is an offense for any person to engage in any of the following acts:
(A)
Representing or advertising such person as, or using a title or description such as, "licensed professional counselor" without being duly licensed according to this part;
(B)
Making use of any title, words, letters or abbreviations, or any combination thereof, that may reasonably be confused with licensure provided by this part to denote a standard of professional or occupational competence, without being duly licensed under this part; and
(C)
Performing activities that may reasonably be construed to fall within the defined scope of practice of persons licensed under this part who are designated as mental health service providers as defined in §
63-22-122
without being duly licensed hereunder.
(2)
Any person who engages in any unlawful act enumerated in this section commits a Class B misdemeanor.
(3)
In addition to the foregoing, the department of health may institute appropriate proceedings, in law or equity, to enjoin any person from engaging in any unlawful act enumerated in this section, such action or proceeding to be brought in the circuit or chancery court of the county in which the unlawful act occurs or in which the defendant resides.
(b)
Nothing in this part shall be construed as permitting any person licensed or certified as a professional counselor or designated as a mental health service provider under this chapter to engage in the practice of licensed psychological examiner, licensed senior psychological examiner, certified psychological assistant, licensed psychologist, licensed social worker, psychiatric nurse, law or medicine.
(c)
This part does not apply to the person if the person is preparing for the practice of professional counseling or the practice permitted to a person designated as a mental health service provider pursuant to this chapter under qualified supervision.
(d)
Nothing in this chapter shall be construed as limiting the ministry, activities or services of a rabbi, priest, minister of the gospel or others authorized by a regularly organized and functioning religious body in performing the ordinary duties or functions of the clergy; nor shall anything in this chapter apply to or be construed as limiting the activities or services of Christian Science practitioners. Nor shall any rabbi, priest, or minister who offers counseling services, even if fees are charged, be subject to the limitations of this chapter, as long as they do not hold themselves out as certified or licensed professional counselors.
Acts 1991, ch. 421, § 15; 2000, ch. 832, §§ 3 - 5; 2001, ch. 334, § 15; 2008 , ch. 1016, § 6.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 22 - PROFESSIONAL COUNSELORS, MARITAL AND FAMILY THERAPISTS, AND CLINICAL PASTORAL THERAPISTS (§§ 63-22-101 — 63-22-404) › Part 1 - PROFESSIONAL COUNSELORS, MARITAL AND FAMILY THERAPISTS (§§ 63-22-101 — 63-22-122) › Section 63-22-118 - Applicability of part

(a)
The provisions of this part, except those contained in §
63-22-122
, shall not apply to any persons regulated by the board of nursing or the state board of education, nor to professional counselors employed in community/human service agencies and working directly under the supervision of a licensed professional counselor nor to nurses licensed under chapter 7 of this title.
(b)
Nothing in this part shall be construed to prevent members of other professional groups, including, without limitation, licensed social workers, psychologists, psychiatrists and other physicians, attorneys or members of the clergy, from performing or advertising that they provide or offer counseling services consistent with the accepted standards of their respective professions; provided, that none of such persons shall violate §
63-22-117
.
Acts 1991, ch. 421, § 19.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 22 - PROFESSIONAL COUNSELORS, MARITAL AND FAMILY THERAPISTS, AND CLINICAL PASTORAL THERAPISTS (§§ 63-22-101 — 63-22-404) › Part 1 - PROFESSIONAL COUNSELORS, MARITAL AND FAMILY THERAPISTS (§§ 63-22-101 — 63-22-122) › Section 63-22-119 - Applicability of chapter 11 of this title

Notwithstanding this part to the contrary, any person licensed pursuant to this part and chapter 11 of this title shall be subject to the limitations of chapter 11 of this title.
Acts 1991, ch. 421, § 21.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 22 - PROFESSIONAL COUNSELORS, MARITAL AND FAMILY THERAPISTS, AND CLINICAL PASTORAL THERAPISTS (§§ 63-22-101 — 63-22-404) › Part 1 - PROFESSIONAL COUNSELORS, MARITAL AND FAMILY THERAPISTS (§§ 63-22-101 — 63-22-122) › Section 63-22-120 - Requirements for licensure

A professional counselor licensed under this part and designated as a mental health service provider must have:
(1)
Completed coursework specifically related to the diagnosis, treatment, appraisal, and assessment of mental disorders; and
(2)
Completed two (2) years of postgraduate supervised experience required for licensure in a clinical setting that provides substantial opportunities to diagnose, treat, appraise, and assess mental disorders.
Amended by 2022 Tenn. Acts, ch. 1040, s 1, eff. 1/1/2023.
Acts 1995, ch. 318, § 7.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 22 - PROFESSIONAL COUNSELORS, MARITAL AND FAMILY THERAPISTS, AND CLINICAL PASTORAL THERAPISTS (§§ 63-22-101 — 63-22-404) › Part 2 - CLINICAL PASTORAL THERAPY (§§ 63-22-201 — 63-22-208) › Section 63-22-202 - Prohibited acts by nonlicensed therapists - Penalties

(a)
Except as specifically provided in §
63-22-204
, beginning January 1, 2004, no person who is not licensed as a clinical pastoral therapist under this part shall:
(1)
Advertise that the performance of clinical pastoral therapy services is by a licensed clinical pastoral therapist; or
(2)
Use the title "licensed clinical pastoral therapist" to denote that the person is a licensed clinical pastoral therapist.
(b)
Any person who engages in any unlawful act enumerated in this section commits a Class B misdemeanor.
(c)
The department of health may institute appropriate proceedings, in law or equity, to enjoin any person from engaging in any unlawful act enumerated in this section, such action or proceeding to be brought in the circuit or chancery court of the county in which the unlawful act occurs or in which the defendant resides.
(d)
Nothing in this section shall be construed as permitting any person certified as a clinical pastoral therapist to engage in the practice of licensed psychological examiner, licensed senior psychological examiner, certified psychological assistant, licensed psychologist, or licensed social worker, as defined in the laws of this state.
(e)
Nothing in this section, except in subsection (b), applies to any person regulated by the board of nursing.
(f)
Nothing in this section shall be construed as permitting a certified clinical pastoral therapist to prescribe medications or to interpret psychological tests intended to measure and/or diagnose mental illness.
(g)
Certified clinical pastoral therapists shall establish and maintain effective working relationships with an interdisciplinary network of professionals, including at least one (1) psychologically oriented physician, usually a psychiatrist, with an unlimited license to practice the healing arts in Tennessee, in order to make provision for referral for the diagnosis and treatment of medical or mental conditions falling outside the scope of clinical pastoral therapy as defined in §
63-22-201
.
Acts 1997 , ch. 485, § 7; 2001, ch. 334, § 16; 2003 , ch. 250, §§ 2, 3; 2008 , ch. 1016, § 7.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 22 - PROFESSIONAL COUNSELORS, MARITAL AND FAMILY THERAPISTS, AND CLINICAL PASTORAL THERAPISTS (§§ 63-22-101 — 63-22-404) › Part 2 - CLINICAL PASTORAL THERAPY (§§ 63-22-201 — 63-22-208) › Section 63-22-203 - Application for license - Fees - Qualifications

(a)
An applicant for licensure as a licensed clinical pastoral therapist shall pay the board a nonrefundable fee as set by the board and shall satisfy the board that the applicant:
(1)
Is at least eighteen (18) years of age;
(2)
Is of good moral character;
(3)
Has met the educational standards set by the board, which shall include:
(A)
The completion of a course of studies consisting of a minimum of sixty (60) graduate semester hours in a curriculum approved by the board, of which a minimum of nine (9) graduate semester hours must relate specifically to the diagnosis and treatment of mental disorders, and the awarding of a master's or doctoral degree from a recognized educational institution; and
(B)
The completion of a supervised clinical experience within the academic degree program as either a practicum or internship that includes experience in the assessment, diagnosis, and treatment of the psychodynamics, interpersonal dynamics, and spiritual dynamics of persons experiencing emotional, behavioral, relational, or spiritual distress or dysfunction. The experience required under this subdivision (3)(B) must be conducted under the supervision of a board-approved supervisor;
(4)
Has provided a minimum of one thousand four hundred (1,400) hours of pastoral therapy with individuals, couples, families, or groups while receiving a minimum of two hundred seventy (270) hours of supervision of such therapy under board-approved supervision; and
(5)
Has passed examinations as approved by the board.
(b)
(1)
When the board receives a completed application for initial licensure from an applicant, then the board shall, within sixty (60) days from the date the board receives the completed application:
(A)
Render a decision on the application; or
(B)
Inform the applicant of the need to appear before the board.
(2)
As used in this subsection (b), "completed application" means an application that satisfies all statutory and board rule requirements.
Amended by 2023 Tenn. Acts, ch. 426,s 18, eff. 5/11/2023.
Amended by 2019 Tenn. Acts, ch. 233, s 3, eff. 4/30/2019.
Amended by 2016 Tenn. Acts, ch. 955, s 1, eff. 4/27/2016.
Acts 1997 , ch. 485, § 8; 2003 , ch. 250, § 4.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 22 - PROFESSIONAL COUNSELORS, MARITAL AND FAMILY THERAPISTS, AND CLINICAL PASTORAL THERAPISTS (§§ 63-22-101 — 63-22-404) › Part 2 - CLINICAL PASTORAL THERAPY (§§ 63-22-201 — 63-22-208) › Section 63-22-204 - Exclusions from part

(a)
Nothing in this chapter shall be construed as limiting the ministry, activities or services of a rabbi, priest, minister of the gospel or others authorized by a regularly organized and functioning religious body in performing the ordinary duties or functions of the clergy, nor shall anything in this chapter apply to or be construed as limiting the activities or services of Christian Science practitioners. Nor shall any rabbi, priest or minister who offers counseling services, even if fees are charged, shall be subject to the limitations of this part, as long as they do not hold themselves out as licensed pastoral therapists or licensed pastoral counselors and as long as they do not purport to provide the integration and professional application of resources and techniques from the religious community's traditions of pastoral care and counsel along with recognized principles, methods and procedures of clinical psychotherapy.
(b)
This part does not apply to a person if the person is preparing for the practice of clinical pastoral therapy under qualified supervision in a training institution or facility or supervisory arrangement recognized and approved by the board; provided, that such person is designated by such titles as "pastoral therapy intern," "pastoral therapy trainee" or others clearly indicating such training status.
(c)
Nothing in this part shall be construed to prevent qualified members of other professional groups as defined by the board, including, but not limited to, licensed clinical social workers, licensed psychologists, licensed psychological examiners, licensed senior psychological examiners, certified psychological assistants, psychiatric nurses, physicians or attorneys at law, from performing or advertising that they provide or offer counseling services consistent with the accepted standards of their respective professions nor to prevent alcohol and drug abuse counselors licensed under §
68-24-605
or operating under qualified supervision while seeking such licensure from doing counseling consistent with the accepted standards of such profession.
Acts 1997 , ch. 485, § 9; 1998, ch. 818, § 1; 2001, ch. 334, § 17; 2003 , ch. 250, § 5.