reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 12 - TENNESSEE VETERINARY PRACTICE ACT (§§ 63-12-NEW — 63-12-204) › Part 1 - TENNESSEE VETERINARY PRACTICE ACT (§§ 63-12-NEW — 63-12-145) › Section 63-12-135 - Licensed veterinary technicians - Unauthorized practice

(a)
The board shall examine and license veterinary technicians and has the same authority in the regulation, examination and qualification of licensed veterinary technicians as it has under this chapter for the practice of veterinary medicine and veterinarians.
(b)
Any licensed veterinarian may assign to a licensed veterinary technician regularly employed by the veterinarian any task or procedure to be performed for which the veterinarian exercises responsible supervision and full responsibility except those procedures requiring professional judgment or skill as prescribed by board rule.
(c)
The fees provided in this chapter pertaining to applications, licensing and renewal for veterinarians also apply to licensed veterinary technicians.
(d)
It is a Class B misdemeanor for any person to use in connection with the person's name any designation intending to imply that the person is a veterinary technician or a licensed veterinary technician unless the person meets the requirements contained in this chapter.
(e)
The board may, on its own motion, cause to be investigated any report indicating that a licensed veterinary technician is or may be in violation of this chapter. Any person who in good faith reports to the board any information that a licensed veterinary technician is or may be in violation of any provisions of this chapter is not subject to suit for civil damages as a result thereof.
Amended by 2013 Tenn. Acts, ch. 440, s 2, eff. 7/1/2013.
Acts 1972, ch. 688, § 1; T.C.A., § 63-1235; Acts 1983, ch. 57, § 18; 1989, ch. 591, § 112; 1999, ch. 375, §§ 5, 7, 9 - 11.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 12 - TENNESSEE VETERINARY PRACTICE ACT (§§ 63-12-NEW — 63-12-204) › Part 1 - TENNESSEE VETERINARY PRACTICE ACT (§§ 63-12-NEW — 63-12-145) › Section 63-12-137 - Veterinary practice to be owned by veterinarian - Exemptions

(a)
It is unlawful for any licensed veterinarian to practice veterinary medicine as an employee of any person other than a veterinarian duly licensed in this state or a veterinary facility operated at all times under the direct medical supervision of a veterinarian duly licensed in this state.
(b)
No person, corporation or other similar organization, public or private, for-profit or not-for-profit, other than a veterinarian duly licensed in this state, shall own or operate a veterinary facility within this state, except as follows:
(1)
Any person, corporation or other similar organization, public or private, for-profit or not-for-profit, shall apply for and receive a premises permit before the commencement of operations at the veterinary facility; and
(2)
The owner of the veterinary facility shall not restrict or interfere with medically appropriate veterinary diagnostic or treatment decisions by the licensed veterinarians employed at the veterinary facility.
(c)
The following are exempt from this section:
(1)
A veterinarian employed by a person, corporation or other similar organization, public or private, for-profit or not-for-profit, to treat such employer's animals;
(2)
A veterinarian employed by an official agency of the federal or state government or any subdivision thereof; and
(3)
A veterinarian employed by any licensed research facility.
Acts 1983, ch. 57, § 19; 1996, ch. 771, § 3; 1996, ch. 773, § 5.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 12 - TENNESSEE VETERINARY PRACTICE ACT (§§ 63-12-NEW — 63-12-204) › Part 1 - TENNESSEE VETERINARY PRACTICE ACT (§§ 63-12-NEW — 63-12-145) › Section 63-12-138 - Peer review committees - Immunity - Confidentiality of information

(a)
As used in this section, "peer review committee" or "committee" means any committee, board, commission or other entity constituted by any statewide veterinary medical association, or local veterinary medical association or local veterinary association for the purpose of receiving and evaluating veterinary acts of other veterinarians or veterinary auxiliary personnel.
(b)
Any veterinarian who serves on any peer review committee or on any other committee shall be immune from liability with respect to any action taken by the veterinarian in good faith and without malice as a member of such committee, board, commission or other entity.
(c)
Veterinarians, licensed veterinary technicians and members of boards of directors of any publicly supported or privately supported animal health care facility, or any other individual appointed to any committee, as described in subsection (a), shall be immune from liability to any client, patient, individual or organization for furnishing information, data, reports or records to any such committee or for damages resulting from any decision, opinions, actions and proceedings rendered, entered or acted upon by such committees undertaken or performed within the scope or functions of the duties of such committees, if made or taken in good faith and without malice and on the basis of facts reasonably known or reasonably believed to exist.
(d)
All information, interviews, reports, statements, memoranda or other data furnished to any such peer review committee or other entity and any findings, conclusions or recommendations resulting from the proceedings of such committee or other entity are privileged. The records and proceedings of any such committee or other entity are confidential and shall be used by such committee or other entity and the members thereof only in the exercise of the proper functions of the committee or other entity and shall not become public record nor be available for court subpoena or discovery proceedings. Nothing contained in this subsection (d) applies to records, documents or information otherwise available from original sources, such records, documents or information not to be construed as immune from discovery or use in any civil proceedings solely due to presentation to the committee.
Acts 1987, ch. 293, § 1; 1999, ch. 375, § 8.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 12 - TENNESSEE VETERINARY PRACTICE ACT (§§ 63-12-NEW — 63-12-204) › Part 1 - TENNESSEE VETERINARY PRACTICE ACT (§§ 63-12-NEW — 63-12-145) › Section 63-12-140 - Operation without permit prohibited - Penalty

(a)
It is an offense to knowingly operate a veterinary facility in this state without a premises permit.
(b)
A violation of this section is a Class B misdemeanor and each violation constitutes a separate offense.
Acts 1996, ch. 771, § 2.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 12 - TENNESSEE VETERINARY PRACTICE ACT (§§ 63-12-NEW — 63-12-204) › Part 1 - TENNESSEE VETERINARY PRACTICE ACT (§§ 63-12-NEW — 63-12-145) › Section 63-12-141 - Euthanasia of animals - Certificate - Fees - Penalty

(a)
The board of veterinary medical examiners, upon submission of a complete application and payment of a fee established by the board, shall issue to any animal control agency that it determines to be qualified a certificate authorizing the agency to apply to the federal drug enforcement agency, including any successor entity, for a restricted controlled substance registration certificate for the purchase, possession and use of sodium pentobarbital or other drugs as authorized by the board for administration by a certified animal euthanasia technician to euthanize injured, sick or abandoned animals. It is a Class B misdemeanor for any person or entity to use or imply that such person or entity has been granted a certificate as a certified animal control agency unless a certificate has been granted under this title.
(b)
The board, upon submission of a complete application and payment of a fee established by the board, shall issue to any person who it determines to be qualified a certificate for such person to function as a certified animal euthanasia technician. It is a Class B misdemeanor for any person or entity to use or imply that such person or entity has been granted a certificate as a certified animal euthanasia technician unless a certificate has been granted under this title.
(c)
Euthanasia of animals.
Euthanasia of animals in a certified animal control agency may only be performed by a licensed veterinarian, including a licensed veterinary technician employed by and functioning under the direct supervision of a licensed veterinarian or a certified animal euthanasia technician as provided by law. A certified animal control agency that employs a certified animal euthanasia technician may purchase, possess and administer sodium pentobarbital or such other drug that the board may approve for the euthanasia of animals. Sodium pentobarbital and such other drugs approved by the board shall be the only drugs used for the euthanasia of animals in a certified animal control agency.
(d)
Renewal of Certification.
Certified animal control agencies and certified animal euthanasia technicians shall be required to renew their certificates at such intervals, upon such conditions and upon the payment of such fees as may be established by the board.
Acts 1997 , ch. 106, § 1; 1999, ch. 375, § 6.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 12 - TENNESSEE VETERINARY PRACTICE ACT (§§ 63-12-NEW — 63-12-204) › Part 1 - TENNESSEE VETERINARY PRACTICE ACT (§§ 63-12-NEW — 63-12-145) › Section 63-12-142 - Immunity for certain emergency treatment

Any licensed veterinarian or ancillary veterinary personnel employed by and working under the direct supervision of a licensed veterinarian who, in good faith, at such person's own initiative, renders emergency treatment to an ill or injured animal gratuitously and without making charge for such treatment is not liable to the owner of the animal for any civil damages arising from the treatment provided to the animal except in cases of gross negligence. If the licensed veterinarian or ancillary veterinary personnel acting under the direct supervision of a licensed veterinarian performs euthanasia on an animal, it is presumed that it was a humane act necessary to relieve pain and suffering.
Acts 1997 , ch. 484, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 12 - TENNESSEE VETERINARY PRACTICE ACT (§§ 63-12-NEW — 63-12-204) › Part 1 - TENNESSEE VETERINARY PRACTICE ACT (§§ 63-12-NEW — 63-12-145) › Section 63-12-143 - Cost of prosecution

The board shall promulgate rules governing the assessment of costs against a licensee or other person found by the board to have violated any provision of this chapter. The costs assessed by the board may include only those costs directly related to the prosecution of the charges against the licensee or other person, including investigatory costs where appropriate. The board shall determine the appropriate amount of costs, if any, to be assessed in a contested case. These costs shall be reasonable and proportionate in light of the violation committed by the licensee or other person.
Acts 1999, ch. 436, § 3.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 12 - TENNESSEE VETERINARY PRACTICE ACT (§§ 63-12-NEW — 63-12-204) › Part 1 - TENNESSEE VETERINARY PRACTICE ACT (§§ 63-12-NEW — 63-12-145) › Section 63-12-145 - Preemption of regulation of veterinarian medicine - Local regulation

(a)
The general assembly intends by this chapter, other provisions of the Tennessee Code Annotated and any rules and regulations promulgated pursuant to this chapter and the Tennessee Code Annotated to occupy and preempt the entire field of legislation concerning the regulation of the practice of veterinary medicine, including, but not limited to, the regulation of any act or procedure utilized within the practice of veterinary medicine.
(b)
Notwithstanding subsection (a), a municipality, metropolitan government or county may regulate the time and place of the business operations of a person or facility holding a license or certificate under this chapter; provided, that the regulation does not conflict with state laws or regulations governing the practice of veterinary medicine.
Acts 2009 , ch. 149, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 12 - TENNESSEE VETERINARY PRACTICE ACT (§§ 63-12-NEW — 63-12-204) › Part 2 - ANIMAL MASSAGE THERAPY (§§ 63-12-201 — 63-12-204) › Section 63-12-201 - Part definitions

As used in this part:
(1)
"Animal massage therapy" means the manipulation of the soft tissues of the animal body with the intention of positively affecting the health and well-being of the animal. "Animal massage therapy" does not include the diagnosis, treatment, correction, alleviation, or prevention of any animal disease, illness, pain, deformity, defect, injury, or other physical or mental condition, or otherwise constitute the practice of veterinary medicine;
(2)
"Certified animal massage therapist" means a person who qualifies for, and voluntarily obtains, certification under this part; and
(3)
"Registered animal massage therapist" means a person who qualifies for, and voluntarily obtains, certification under this part.
Acts 2018 , ch. 679, § 3.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 12 - TENNESSEE VETERINARY PRACTICE ACT (§§ 63-12-NEW — 63-12-204) › Part 2 - ANIMAL MASSAGE THERAPY (§§ 63-12-201 — 63-12-204) › Section 63-12-202 - Use of term "certified animal massage therapist" or "registered animal massage therapist" - Prohibitions

(a)
No person shall use the title "certified animal massage therapist" or "registered animal massage therapist" unless the person meets the requirements of this part.
(b)
This part shall not prohibit any person from rendering or offering to render animal massage therapy services; provided, that a person who is not certified or registered under this part shall not use, or knowingly allow themselves to be identified by, the title "certified animal massage therapist" or "registered animal massage therapist".
(c)
Persons who hold themselves out as certified animal massage therapists or registered animal massage therapists without complying with §
63-12-203
are in violation of the Tennessee Consumer Protection Act, compiled in title 47, chapter 18, part 1.
Acts 2018 , ch. 679, § 4.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 12 - TENNESSEE VETERINARY PRACTICE ACT (§§ 63-12-NEW — 63-12-204) › Part 2 - ANIMAL MASSAGE THERAPY (§§ 63-12-201 — 63-12-204) › Section 63-12-203 - Use of term "certified animal massage therapist" or "registered animal massage therapist" - Requirements

In order to use the term "certified animal massage therapist" or "registered animal massage therapist", a person must:
(1)
Complete at least fifty (50) hours of training in anatomy and physiology, kinesiology, and pathologies in order to gain aptitude in preventing the delay of care to animals;
(2)
Complete at least fifty (50) hours of supervised in-class hands-on work, which would include assessment and execution of bodywork skills being studied, benefits of massage, benefits of acupressure, and practice guidelines; and
(3)
Take and pass an examination by the National Board of Certification for Animal Acupressure and Massage or a comparable examination that tests the aptitude in the course of training described in subdivisions (1) and (2).
Amended by 2019 Tenn. Acts, ch. 69, s 1, eff. 7/1/2019.
Acts 2018 , ch. 679, § 5.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 12 - TENNESSEE VETERINARY PRACTICE ACT (§§ 63-12-NEW — 63-12-204) › Part 2 - ANIMAL MASSAGE THERAPY (§§ 63-12-201 — 63-12-204) › Section 63-12-204 - Liability insurance requirement

A person practicing animal massage therapy shall obtain liability insurance in the amount of twenty-five thousand dollars ($25,000) for the benefit of any person who is damaged because of the negligence of the person in the performance of animal massage therapy services.
Acts 2018 , ch. 679, § 6.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 13 - OCCUPATIONAL AND PHYSICAL THERAPY PRACTICE ACT (§§ 63-13-101 — 63-13-502) › Part 1 - GENERAL PROVISIONS (§§ 63-13-101 — 63-13-104) › Section 63-13-101 - Short title

This chapter shall be known and may be cited as the "Occupational and Physical Therapy Practice Act."
Acts 1984, ch. 921, § 2; T.C.A., §
63-13-201
; Acts 1999, ch. 528, § 2.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 13 - OCCUPATIONAL AND PHYSICAL THERAPY PRACTICE ACT (§§ 63-13-101 — 63-13-502) › Part 1 - GENERAL PROVISIONS (§§ 63-13-101 — 63-13-104) › Section 63-13-102 - Legislative intent

This chapter is enacted for the purposes of protecting the public health, safety, and welfare and providing for state administrative control, supervision, licensure and regulation of the practice of physical therapy and occupational therapy. It is the general assembly's intent that only individuals who meet and maintain prescribed standards of competence and conduct may engage in the practice of physical therapy and occupational therapy as authorized by this chapter. This chapter is intended to promote the public interest and to accomplish the purposes stated in this section.
Acts 1984, ch. 921, § 2; T.C.A., §§
63-13-205
,
63-13-105
; Acts 1999, ch. 528, § 3.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 13 - OCCUPATIONAL AND PHYSICAL THERAPY PRACTICE ACT (§§ 63-13-101 — 63-13-502) › Part 1 - GENERAL PROVISIONS (§§ 63-13-101 — 63-13-104) › Section 63-13-104 - Unauthorized practice of medicine - Scope of practice

(a)
Nothing in this chapter shall be construed as allowing physical therapists to practice medicine, osteopathy, podiatry, chiropractic or nursing.
(b)
(1)
Except as provided in §
63-13-303
, the scope of practice of physical therapy is under the written or oral referral of a licensed:
(A)
Doctor of medicine, chiropractic, dentistry, podiatry, or osteopathy; or
(B)
Nurse practitioner or physician assistant pursuant to §
63-6-204(b)
.
(2)
The scope of practice of physical therapy shall not include the performance of treatment where the physical therapist or physical therapist assistant uses direct thrust to move a joint of the patient's spine beyond its normal range of motion without exceeding the limits of anatomical integrity.
Amended by 2023 Tenn. Acts, ch. 107, s 1, eff. 4/4/2023.
Acts 1999, ch. 528, § 10; 2007 , ch. 423, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 13 - OCCUPATIONAL AND PHYSICAL THERAPY PRACTICE ACT (§§ 63-13-101 — 63-13-502) › Part 2 - CERTIFICATION OF OCCUPATIONAL THERAPISTS AND ASSISTANTS (§§ 63-13-201 — 63-13-216) › Section 63-13-201 - Legislative purpose

(a)
This part is enacted to:
(1)
Safeguard the public health, safety and welfare;
(2)
Protect the public from being misled by incompetent, unscrupulous and unauthorized persons;
(3)
Assure the highest degree of professional conduct on the part of occupational therapists and occupational therapy assistants; and
(4)
Assure that the available occupational therapy services are of high quality to persons in need of such services.
(b)
It is the purpose of this part to provide for the regulation of persons offering occupational therapy services to the public.
Acts 1984, ch. 921, § 3; T.C.A., §
63-13-301
; Acts 1999, ch. 415, § 2.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 13 - OCCUPATIONAL AND PHYSICAL THERAPY PRACTICE ACT (§§ 63-13-101 — 63-13-502) › Part 2 - CERTIFICATION OF OCCUPATIONAL THERAPISTS AND ASSISTANTS (§§ 63-13-201 — 63-13-216) › Section 63-13-202 - Applicants for licensure - Qualifications - Examinations

(a)
An applicant for licensure as an occupational therapist or as an occupational therapy assistant shall file an application showing, to the satisfaction of the board of occupational therapy, that the applicant:
(1)
Is of good moral character;
(2)
Has successfully completed the academic requirements of an educational program accredited by ACOTE or its predecessor organization. The accredited program shall be a program for occupational therapists or a program for occupational therapy assistants, depending upon the category of licensure for which the applicant is applying;
(3)
Has successfully completed the period of supervised fieldwork experience required by ACOTE; and
(4)
Has made an acceptable score on a written or computerized examination designed to test the applicant's knowledge of the basic and clinical services related to occupational therapy, occupational therapy techniques and methods and other subjects that may help to determine an applicant's fitness to practice. The board of occupational therapy shall approve an examination for occupational therapists and an examination for occupational therapy assistants and shall establish standards for acceptable performance on each examination. The board is authorized to use the entry level national examinations prepared and administered by NBCOT as the examinations used to test applicants for licensure as occupational therapists or occupational therapy assistants and is authorized to use the standards of NBCOT in determining an acceptable score on each examination.
(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 11, eff. 5/11/2023.
Acts 1984, ch. 921, § 3; T.C.A., §
63-13-302
; Acts 1999, ch. 415, § 2; 2006, ch. 765, § 4; 2007 , ch. 115, § 7.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 13 - OCCUPATIONAL AND PHYSICAL THERAPY PRACTICE ACT (§§ 63-13-101 — 63-13-502) › Part 2 - CERTIFICATION OF OCCUPATIONAL THERAPISTS AND ASSISTANTS (§§ 63-13-201 — 63-13-216) › Section 63-13-203 - Determining qualifications of applicants - Granting licenses and permits

(a)
In determining the qualifications of an applicant for licensure as an occupational therapist or as an occupational therapy assistant, only a majority vote of the board of occupational therapy shall be required.
(b)
Licenses and permits issued by the board shall be granted by the board as provided in §
63-13-204
.
Acts 1984, ch. 921, § 3; T.C.A., §
63-13-303
; Acts 1999, ch. 415, § 2; 2007 , ch. 115, § 7.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 13 - OCCUPATIONAL AND PHYSICAL THERAPY PRACTICE ACT (§§ 63-13-101 — 63-13-502) › Part 2 - CERTIFICATION OF OCCUPATIONAL THERAPISTS AND ASSISTANTS (§§ 63-13-201 — 63-13-216) › Section 63-13-204 - Licenses - Issuance - Fees - Revocation - Reinstatement - Renewal

(a)
(1)
The board of occupational therapy shall issue a license to any person who meets the requirements of this part upon payment of the appropriate fees.
(2)
Each licensed occupational therapist or occupational therapy assistant shall pay a biennial renewal fee to the board as prescribed in this part, payable in advance, for the ensuing years. The secretary of the board shall notify each licensee.
(3)
When any licensee fails to register and pay the biennial registration fee within thirty (30) days after registration becomes due as provided in this section, the license of such person shall be administratively revoked at the expiration of the thirty (30) days after the registration was required, without further notice or hearing. Any person whose license is automatically revoked as provided in this section may make application in writing to the board for the reinstatement of such license; and, upon good cause being shown, the board in its discretion may reinstate such license upon payment of all past-due renewal fees.
(b)
For purposes of implementing §
63-13-108(b)
[repealed], the board shall prescribe and publish nonrefundable fees.
(c)
(1)
Notwithstanding any provision of this chapter to the contrary, the division, with the approval of the commissioner, shall establish a system of license renewals at alternative intervals that will allow for the distribution of the license workload as uniformly as is practicable throughout the calendar year. Licenses issued under the alternative method are valid for twenty-four (24) months and shall expire on the last day of the last month of the license period; however, during a transition period, or at any time thereafter when the board shall determine that the volume of work for any given interval is unduly burdensome or costly, either the licenses or renewals, or both of them, may be issued for terms of not less than six (6) months nor more than eighteen (18) months. The fee imposed for any license under the alternative interval method for a period of other than twenty-four (24) months shall be proportionate to the biennial fee and modified in no other manner, except that the proportional fee shall be rounded off to the nearest quarter of a dollar (25¢).
(2)
No renewal application will be accepted after the last day of the month following the license expiration date under the alternative method authorized in this subsection (c).
(d)
The board is authorized to establish requirements for assessing continued competence of licensees.
Acts 1984, ch. 921, § 3; T.C.A., §
63-13-304
; Acts 1989, ch. 360, §§ 43, 44; 1989, ch. 523, § 32; 1999, ch. 415, § 2; 2003 , ch. 109, § 1; 2007 , ch. 115, § 7.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 13 - OCCUPATIONAL AND PHYSICAL THERAPY PRACTICE ACT (§§ 63-13-101 — 63-13-502) › Part 2 - CERTIFICATION OF OCCUPATIONAL THERAPISTS AND ASSISTANTS (§§ 63-13-201 — 63-13-216) › Section 63-13-205 - Limited permits - Failure of initial examination

(a)
A limited permit may be issued by the board to an applicant who has applied for a license under §
63-13-202
, has successfully completed the educational and field experience requirements of §
63-13-202(2) and (3)
and is scheduled to take the examination required by §
63-13-202(4)
.
(b)
An applicant who has received a limited permit shall take the examination within ninety (90) days of the date the applicant received the limited permit. If the applicant does not take the examination within that ninety-day period, the limited permit expires at the end of the ninety-day period.
(c)
If an applicant fails the examination, the applicant's limited permit expires upon the board's receipt of notice that the applicant failed the examination.
(d)
If an applicant passes the examination, the applicant's limited permit remains effective until the board grants or denies a license to the applicant.
(e)
An applicant may obtain a limited permit only once.
(f)
A limited permit allows an applicant to engage in occupational therapy practice under the supervision of a licensed occupational therapist.
(g)
The board shall adopt rules governing the supervision of persons to whom a limited permit has been issued. The rules shall address, at a minimum, initial and periodic inspections, written evaluations, written treatment plans, patient notes and periodic evaluation of performance.
Acts 1984, ch. 921, § 3; T.C.A., §
63-13-305
; Acts 1999, ch. 415, § 2; 2006, ch. 765, § 5; 2007 , ch. 115, § 7.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 13 - OCCUPATIONAL AND PHYSICAL THERAPY PRACTICE ACT (§§ 63-13-101 — 63-13-502) › Part 2 - CERTIFICATION OF OCCUPATIONAL THERAPISTS AND ASSISTANTS (§§ 63-13-201 — 63-13-216) › Section 63-13-206 - Supervision of an occupational therapy assistant by an occupational therapist

(a)
A licensed occupational therapy assistant shall practice under the supervision of an occupational therapist who is licensed in Tennessee.
(b)
The supervising occupational therapist is responsible for all services provided by the occupational therapy assistant, including, but not limited to, the formulation and implementation of a plan of occupational therapy services for each client, and has a continuing responsibility to follow the progress of each client and to ensure the effective and appropriate supervision of the occupational therapy assistant according to the needs of the client.
(c)
The supervising occupational therapist shall assign to the occupational therapy assistant only those duties and responsibilities that the occupational therapy assistant is qualified to perform.
(d)
The board shall adopt rules governing the supervision of occupational therapy assistants by occupational therapists. Those rules may address the following:
(1)
The manner in which the supervising occupational therapist oversees the work of the occupational therapy assistant;
(2)
The ratio of occupational therapists to occupational therapy assistants required under different conditions and in different practice settings; and
(3)
The documentation of supervision contacts between the supervising occupational therapist and the occupational therapy assistant.
(e)
The rules adopted by the board shall recognize that the frequency, methods and content of supervision of occupational therapy assistants by occupational therapists may vary by practice setting and are dependent upon the following factors, among others:
(1)
Complexity of the client's needs;
(2)
Number and diversity of clients;
(3)
Skills of the occupational therapy assistant and the supervising occupational therapist;
(4)
Type of practice setting; and
(5)
Requirements of the practice setting.
Acts 1999, ch. 415, § 2; 2006, ch. 765, § 6.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 13 - OCCUPATIONAL AND PHYSICAL THERAPY PRACTICE ACT (§§ 63-13-101 — 63-13-502) › Part 2 - CERTIFICATION OF OCCUPATIONAL THERAPISTS AND ASSISTANTS (§§ 63-13-201 — 63-13-216) › Section 63-13-207 - Delegation of tasks to unlicensed personnel

(a)
A licensed physician, occupational therapist or licensed occupational therapy assistant may delegate to an unlicensed person specific routine tasks associated with nontreatment aspects of occupational therapy practice that are not evaluative, assessive, task selective or recommendational in nature and do not require making decisions or making assessment or treatment entries in official patient records, if the following conditions are met:
(1)
The physician, occupational therapist or occupational therapy assistant accepts professional responsibility for the performance of that duty by the person to whom it is delegated. In the case of duties delegated by an occupational therapy assistant, the occupational therapy assistant, the physician and occupational therapist who supervises the occupational therapy assistant shall be responsible;
(2)
The unlicensed person does not perform any duties that require licensure under this chapter; and
(3)
The physician, occupational therapist or occupational therapy assistant ensures that the unlicensed person has been appropriately trained for the performance of the tasks.
(b)
Tasks that may be delegated may include:
(1)
Transporting of patients;
(2)
Preparing or setting up a work area or equipment;
(3)
Routine department maintenance or housekeeping activities;
(4)
Taking care of patient's personal needs during treatments; and
(5)
Clerical, secretarial or administrative duties.
Acts 1999, ch. 415, § 2; 2006, ch. 765, § 7.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 13 - OCCUPATIONAL AND PHYSICAL THERAPY PRACTICE ACT (§§ 63-13-101 — 63-13-502) › Part 2 - CERTIFICATION OF OCCUPATIONAL THERAPISTS AND ASSISTANTS (§§ 63-13-201 — 63-13-216) › Section 63-13-208 - Construction of part - Activities not prohibited

(a)
Nothing in this part shall be construed as preventing or restricting the practice, services or activities of:
(1)
Any person licensed under any chapter of this title;
(2)
Any person employed as an occupational therapist or occupational therapy assistant by an agency of the United States government while providing occupational therapy services in that capacity;
(3)
Any person pursuing a course of study leading to a degree or certificate in occupational therapy in an educational program accredited or granted developing program status by ACOTE, if:
(A)
The activities and services constitute a part of a supervised course of study; and
(B)
The person is designated by a title that clearly indicates the person's status as a student;
(4)
Any person fulfilling the supervised fieldwork experience requirements of §
63-13-202(3)
, if the activities and services constitute a part of the experience necessary to meet the requirements of §
63-13-202(3)
;
(5)
An occupational therapist or occupational therapy assistant who is licensed or certified to practice in another state that has licensure or certification requirements at least as stringent as the requirements of this part while in Tennessee for the purpose of providing educational, consulting or training services for no more than fourteen (14) days in a calendar year; and
(6)
Any person who is certified by the National Council for Therapeutic Recreation Certification as a certified therapeutic recreation specialist, while engaged in practicing the profession of recreation therapy.
(b)
Nothing in this part shall prevent certified orthotists from designing, fabricating and fitting orthotic devices.
(c)
Nothing in this part shall prevent any person employed by a physician from performing activities related to casting and splinting or teaching exercises related to specific treatment by the employing physician.
(d)
The practice of dry needling of the upper limb by an occupational therapist licensed under this chapter does not constitute the practice of acupuncture under chapter 6, part 10, of this title.
Amended by 2021 Tenn. Acts, ch. 143, s 7, eff. 4/13/2021.
Acts 1984, ch. 921, § 3; T.C.A., §
63-13-306
; Acts 1994, ch. 901, § 2; T.C.A., §
63-13-206
; Acts 1999, ch. 415, § 2; 2006, ch. 765, § 8.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 13 - OCCUPATIONAL AND PHYSICAL THERAPY PRACTICE ACT (§§ 63-13-101 — 63-13-502) › Part 2 - CERTIFICATION OF OCCUPATIONAL THERAPISTS AND ASSISTANTS (§§ 63-13-201 — 63-13-216) › Section 63-13-210 - Administrative procedure

All administrative proceedings for disciplinary action against a licensee under this part shall be conducted by the board of occupational therapy in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1984, ch. 921, § 3; T.C.A., §§
63-13-308
,
63-13-208
; Acts 1999, ch. 415, § 2; 2007 , ch. 115, § 7.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 13 - OCCUPATIONAL AND PHYSICAL THERAPY PRACTICE ACT (§§ 63-13-101 — 63-13-502) › Part 2 - CERTIFICATION OF OCCUPATIONAL THERAPISTS AND ASSISTANTS (§§ 63-13-201 — 63-13-216) › Section 63-13-211 - Unlawful practices - Penalty

(a)
It is unlawful for any person to violate this part. It is unlawful for any person who is not licensed under this part as an occupational therapist or an occupational therapy assistant or whose license has been suspended or revoked to use, in connection with the person's name or place of business, the words "occupational therapist," "occupational therapist registered," "licensed occupational therapist," "occupational therapy assistant," "certified occupational therapy assistant" or "licensed occupational therapy assistant," the letters "OT," "OTA," "OTR," "OT/L," "OTA/L" or "COTA" or any other words, letters, abbreviations or insignia indicating or implying that the person is an occupational therapist or an occupational therapy assistant or who in any way, orally, in writing, in print or by sign, directly or by implication, claims to be an occupational therapist or an occupational therapy assistant.
(b)
A violation of this part is a Class B misdemeanor.
Acts 1984, ch. 921, § 3; T.C.A., §
63-13-309
; Acts 1989, ch, 591, § 112; T.C.A. §
63-13-209
; Acts 1999, ch. 415, § 2; 2006, ch. 765, § 10.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 13 - OCCUPATIONAL AND PHYSICAL THERAPY PRACTICE ACT (§§ 63-13-101 — 63-13-502) › Part 2 - CERTIFICATION OF OCCUPATIONAL THERAPISTS AND ASSISTANTS (§§ 63-13-201 — 63-13-216) › Section 63-13-212 - License requirement

No person shall practice occupational therapy or act as an occupational therapy assistant, nor claim to be able to practice occupational therapy or act as an occupational therapy assistant, unless the person holds a license and otherwise complies with this part and the rules adopted by the board.
Acts 1984, ch. 921, § 3; T.C.A., §§
63-13-310
,
63-13-210
; Acts 1999, ch. 415, § 2.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 13 - OCCUPATIONAL AND PHYSICAL THERAPY PRACTICE ACT (§§ 63-13-101 — 63-13-502) › Part 2 - CERTIFICATION OF OCCUPATIONAL THERAPISTS AND ASSISTANTS (§§ 63-13-201 — 63-13-216) › Section 63-13-213 - Reciprocity

(a)
The board of occupational therapy may grant a license to an applicant who presents proof of current licensure or certification as an occupational therapist or occupational therapy assistant in another state, the District of Columbia or a territory of the United States and who possesses educational and experiential qualifications that meet or exceed the requirements for licensure in Tennessee, as determined by the board of occupational therapy.
(b)
(1)
When the board receives 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:
(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 10, eff. 5/11/2023.
Acts 1984, ch. 921, § 3; T.C.A., §§
63-13-311
,
63-13-211
; Acts 1999, ch. 415, § 2; 2006, ch. 765, § 11; 2007 , ch. 115, § 7.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 13 - OCCUPATIONAL AND PHYSICAL THERAPY PRACTICE ACT (§§ 63-13-101 — 63-13-502) › Part 2 - CERTIFICATION OF OCCUPATIONAL THERAPISTS AND ASSISTANTS (§§ 63-13-201 — 63-13-216) › Section 63-13-214 - Internationally trained applicants

Applicants for licensure who have completed educational programs outside the United States shall furnish proof of good moral character and of completion of an educational program and supervised fieldwork substantially similar to those contained in §
63-13-202(2) and (3)
and shall satisfy the examination requirements of §
63-13-202(4)
.
Acts 1984, ch. 921, § 3; T.C.A., §§
63-13-312
,
63-13-212
; Acts 1999, ch. 415, § 2; 2006, ch. 765, § 12.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 13 - OCCUPATIONAL AND PHYSICAL THERAPY PRACTICE ACT (§§ 63-13-101 — 63-13-502) › Part 2 - CERTIFICATION OF OCCUPATIONAL THERAPISTS AND ASSISTANTS (§§ 63-13-201 — 63-13-216) › Section 63-13-215 - Retirement - Inactive status

(a)
Any person licensed by the board of occupational therapy to practice in this state who has retired or may retire from such practice in this state shall not be required to register as required by this chapter if such person files with the board an affidavit on a form to be furnished by the board, which affidavit shall state the date on which the person retired from such practice and any other facts, as the board shall consider necessary, that tend to verify such retirement. If such person thereafter reengages in practice in this state, such person shall apply for registration with the board as provided by this chapter and shall meet such continuing education requirements that are established by the board, except for good and sufficient reasons as determined by the board.
(b)
Any person licensed by the board of occupational therapy may place the person's license on inactive status by filing the proper forms with the board and by paying a biennial fee in accordance with rules adopted by the board. If the person thereafter reengages in active practice in this state, the person shall apply for relicensure with the board as provided by this part and shall meet the continuing education requirements that are established by the board, except for good and sufficient reasons as determined by the board.
Acts 1984, ch. 921, § 3; T.C.A., §§
63-13-313
,
63-13-213
; Acts 1999, ch. 415, § 2; 2006, ch. 765, § 13; 2007 , ch. 115, § 7.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 13 - OCCUPATIONAL AND PHYSICAL THERAPY PRACTICE ACT (§§ 63-13-101 — 63-13-502) › Part 3 - LICENSURE OF PHYSICAL THERAPISTS AND ASSISTANTS (§§ 63-13-301 — 63-13-318) › Section 63-13-301 - License requirement

(a)
(1)
A physical therapist, or physiotherapist, licensed under this chapter is fully authorized to practice physical therapy.
(2)
A physical therapist, or physiotherapist, is not licensed under this chapter unless the individual holds a degree from a professional physical therapy program accredited by a national accreditation agency recognized by the United States department of education and by the board of physical therapy.
(b)
No person shall practice or in any manner claim to be engaging in the practice of physical therapy or designate as being a physical therapist unless duly licensed as a physical therapist in accordance with this chapter.
Amended by 2020 Tenn. Acts, ch. 790, s 3, eff. 7/15/2020.
Acts 1999, ch. 528, § 12.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 13 - OCCUPATIONAL AND PHYSICAL THERAPY PRACTICE ACT (§§ 63-13-101 — 63-13-502) › Part 3 - LICENSURE OF PHYSICAL THERAPISTS AND ASSISTANTS (§§ 63-13-301 — 63-13-318) › Section 63-13-302 - Referrals - Ethical standards

(a)
A physical therapist shall refer persons under the physical therapist's care to appropriate health care practitioners, after consultation with the referring practitioner, if the physical therapist has reasonable cause to believe symptoms or conditions are present that require services beyond the scope of practice or when physical therapy treatment is contraindicated.
(b)
Physical therapists shall adhere to the recognized standards of ethics of the physical therapy profession and as further established by rule.
Acts 1999, ch. 528, § 13.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 13 - OCCUPATIONAL AND PHYSICAL THERAPY PRACTICE ACT (§§ 63-13-101 — 63-13-502) › Part 3 - LICENSURE OF PHYSICAL THERAPISTS AND ASSISTANTS (§§ 63-13-301 — 63-13-318) › Section 63-13-304 - Board powers and duties

(a)
The board of physical therapy has the power and authority to:
(1)
Evaluate the qualifications of applicants for licensure and provide for the examination of physical therapists and physical therapist assistants;
(2)
Adopt passing scores for examination;
(3)
Issue licenses to those who qualify under this chapter;
(4)
Regulate the practice of physical therapy by interpreting and enforcing this chapter, including disciplinary action;
(5)
Adopt and revise rules, as it deems necessary and appropriate, consistent with this chapter, for the discharge of its obligation under this section. Such rules, when lawfully adopted, shall have the effect of law;
(6)
Establish requirements for assessing continuing competence of licensees; and
(7)
Assess all license and registration fees.
(b)
The board of physical therapy shall establish minimum competency requirements that a physical therapist shall demonstrate in order to practice dry needling.
Amended by 2015 Tenn. Acts, ch. 124, s 3, eff. 4/9/2015.
Acts 1999, ch. 528, § 15; 2007 , ch. 115, § 10.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 13 - OCCUPATIONAL AND PHYSICAL THERAPY PRACTICE ACT (§§ 63-13-101 — 63-13-502) › Part 3 - LICENSURE OF PHYSICAL THERAPISTS AND ASSISTANTS (§§ 63-13-301 — 63-13-318) › Section 63-13-305 - Claims and practices of other licensed professionals - Exemptions from licensure

(a)
Nothing in this chapter shall be construed as restricting a person licensed or certified under any other law of this state from engaging in the profession or practice for which the person is licensed or certified; provided, that the person does not claim to be a physical therapist, a physical therapist assistant or a provider of physical therapy.
(b)
The following persons shall be exempt from licensure as a physical therapist or physical therapist assistant under this chapter:
(1)
A person who is pursuing a course of study leading to a degree as a physical therapist or physical therapist assistant in a professional education program approved by the board and is satisfying supervised clinical education requirements related to physical therapy education;
(2)
A physical therapist or physical therapist assistant while practicing in the United States armed services, United States public health service or veterans administration as based on requirements under federal regulations for state licensure of health care providers;
(3)
A physical therapist or physical therapist assistant licensed in another United States jurisdiction, or a foreign-educated or internationally trained physical therapist credentialed in another country, performing physical therapy as part of teaching or participating in an educational seminar of no more than sixty (60) days in a calendar year; and
(4)
A physical therapist or physical therapist assistant licensed in another United States jurisdiction who is temporarily performing physical therapy for members of established athletic teams, athletic corporations or performing arts companies that are training, competing or performing in Tennessee; provided, however, that a person performing physical therapy in this state pursuant to this subdivision (b)(4) shall agree to use the secretary of state for service of process pursuant to title 20, chapter 2, part 2.
(c)
The practice of dry needling by a physical therapist licensed under this chapter shall not constitute the practice of acupuncture under chapter 6, part 10 of this title.
(d)
Nothing in this chapter shall be construed as restricting persons licensed under any other law of this state from performing physical agent modalities for which they have received education and training.
Amended by 2020 Tenn. Acts, ch. 790, s 6, eff. 7/15/2020.
Amended by 2015 Tenn. Acts, ch. 124, s 4, eff. 4/9/2015.
Acts 1999, ch. 528, § 16; 2003 , ch. 8, § 1; 2007 , ch. 115, § 10.