reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 10 - ACUPUNCTURE (§§ 63-6-1001 — 63-6-1010) › Section 63-6-1002 - Application

(a)
This part shall not apply to:
(1)
Physicians licensed under this chapter or chapter 9 of this title, nor shall this part be construed so as to prevent the practice of acupuncture by such physicians or to prevent such physicians from using the title "acupuncturist";
(2)
Registered nurses who are nationally certified as holistic nurses and who have successfully completed an accredited education program in acupuncture; or
(3)
Chiropractic physicians licensed under chapter 4 of this title, nor shall any part of this title be construed so as to prevent the practice of acupuncture by chiropractic physicians who have completed two hundred fifty (250) hours of an accredited acupuncture course and have passed the National Board of Chiropractic Examiners acupuncture exam.
(b)
It is otherwise unlawful to practice acupuncture for compensation or gratuitously unless certified under this part. This restriction does not apply to the following:
(1)
Students practicing acupuncture under the supervision of a certified acupuncturist as part of a course of study approved by the committee; or
(2)
Individuals who do not otherwise possess the credentials required for the practice of acupuncture by this part or regulations promulgated hereunder by the board are granted limited certification as an ADS for the purpose of the treatment of alcoholism, substance abuse or chemical dependency if they meet the following conditions:
(A)
Provide documentation of successful completion of a board-approved training program in auricular detoxification acupuncture that meets or exceeds standards of training set by NADA;
(B)
Practice auricular detoxification treatment in a hospital, clinic or treatment facility that provides comprehensive alcohol and substance abuse or chemical dependency services, including counseling, under the supervision of a certified acupuncturist or medical director;
(C)
Satisfy all appropriate ethical standards specified in §
63-6-1007
; and
(D)
Limit their practice to the five-point auricular detoxification treatment.
(c)
A violation of this section is a Class C misdemeanor. A person who violates this section shall also be subject to the sanctions specified in §
63-6-1007
.
Acts 2000, ch. 685, § 4; 2006, ch. 775, § 2.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 10 - ACUPUNCTURE (§§ 63-6-1001 — 63-6-1010) › Section 63-6-1004 - Promulgation of rules and regulations

(a)
The board, in consultation with the committee, shall:
(1)
Establish the qualifications and fitness of applicants of certifications, renewal of certifications and reciprocal certifications;
(2)
Establish grounds for revocation, suspension or denial of certification;
(3)
Establish grounds for placing on probation a holder of a certificate;
(4)
Establish the categories of fees and the amount of fees that may be imposed in connection with certification;
(5)
Issue declaratory orders pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5;
(6)
If deemed necessary by the committee, establish standards of continuing education; and
(7)
Adopt and use a seal to authenticate official documents of the committee.
(b)
Any actions taken under this section shall only be effective after adoption of a majority vote of the members of the committee. The board, by a majority vote of its members at the next board meeting at which administrative matters are considered, may rescind any action taken by the committee.
Acts 2000, ch. 685, § 6.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 10 - ACUPUNCTURE (§§ 63-6-1001 — 63-6-1010) › Section 63-6-1005 - Certification to practice

(a)
To receive certification to practice acupuncture from the board, a person must document:
(1)
Either:
(A)
Current active status as a diplomate in acupuncture of the NCCAOM; or
(B)
Current state licensure in good standing by another state with substantially equivalent or higher standards;
(2)
Successful completion of a three-year post secondary training program or acupuncture college program that is ACAOM accredited or in candidacy status or that meets ACAOM's standards; and
(3)
Successful completion of a NCCAOM-approved clean needle technique course.
(b)
The committee shall waive the requirements of subsection (a) for an applicant residing in Tennessee upon July 1, 2001, who presents satisfactory evidence to the committee of successful completion of an approved apprenticeship or tutorial program that meets NCCAOM standards shall be granted certification by the board.
(c)
The committee shall waive the requirements of subsection (a) and an applicant presenting satisfactory evidence to the committee that such applicant held a license in good standing from another state immediately prior to practicing in Tennessee and who has continually practiced in Tennessee since that time shall be granted certification by the board.
(d)
ADSs who meet the requirements listed in §
63-6-1002
shall be issued a limited acupuncture certificate.
Acts 2000, ch. 685, § 7.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 10 - ACUPUNCTURE (§§ 63-6-1001 — 63-6-1010) › Section 63-6-1006 - Renewal of certificate

A certificate to practice acupuncture must be renewed every two (2) years. To renew a certificate, a person must submit proof of current active NCCAOM certification in acupuncture or document compliance with §
63-6-1005
. To renew an ADS certificate, a person must submit proof of current active practice in auricular detoxification treatment, as determined by the committee.
Acts 2000, ch. 685, § 8.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 10 - ACUPUNCTURE (§§ 63-6-1001 — 63-6-1010) › Section 63-6-1007 - Disciplinary action

The board, in consultation with the committee, may deny, suspend or revoke certification, require remedial education or issue a letter of reprimand, if an applicant or certified acupuncturist:
(1)
Engages in false or fraudulent conduct that demonstrates an unfitness to practice acupuncture, including:
(A)
Misrepresentation in connection with an applicant for certification or an investigation by the committee;
(B)
Attempting to collect fees for services that were not performed;
(C)
False advertising, including guaranteeing that a cure will result from an acupuncture treatment; or
(D)
Dividing or agreeing to divide a fee with anyone for referring the patient for acupuncture;
(2)
Fails to exercise proper control over one's practice by:
(A)
Delegating professional responsibilities to a person the acupuncturist knows or should know is not qualified to perform; or
(B)
Failing to exercise proper control over uncertified personnel working with the practice;
(3)
Fails to maintain records in a proper manner by:
(A)
Failing to keep written records describing the course of treatment for each patient;
(B)
Refusing to provide a patient, upon request, records that have been prepared for or paid for by the patient; or
(C)
Revealing personally identifiable information about a patient, without consent, unless otherwise authorized by law;
(4)
Fails to exercise proper care of a patient, including the exercising or attempting to exercise undue influence in the acupuncturist-patient relationship by making sexual advances or requests for sexual activity or making submission to such conduct a condition of treatment;
(5)
Displays substance abuse or mental impairment to such a degree as to interfere with the ability to provide safe and effective treatment;
(6)
Is convicted of or pleads guilty or no contest to any crime that demonstrates an unfitness to practice acupuncture;
(7)
Negligently fails to practice acupuncture with the level of skill recognized within the profession as acceptable under such circumstances;
(8)
Willfully violates any provision of this part or rule of the commission; or
(9)
Has had a certificate or license denied, suspended or revoked in another jurisdiction for any reason that would be grounds for such action in Tennessee.
Acts 2000, ch. 685, § 9.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 10 - ACUPUNCTURE (§§ 63-6-1001 — 63-6-1010) › Section 63-6-1008 - Use of needles

(a)
All certified individuals under this part shall use only presterilized, disposable needles in their administration of acupuncture treatments. The use of staples in the practice of acupuncture is prohibited.
(b)
Health practices shall include:
(1)
Hands shall be washed with soap and water or other disinfectant before handling needles and between treatment of different patients;
(2)
Skin in the area of penetration shall be thoroughly swabbed with alcohol or other germicidal solution before inserting needles; and
(3)
Individuals shall pass a nationally recognized clean needle technique course before being allowed to practice acupuncture and related techniques.
Acts 2000, ch. 685, § 10.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 10 - ACUPUNCTURE (§§ 63-6-1001 — 63-6-1010) › Section 63-6-1009 - Fees

(a)
The board, in consultation with the committee, shall set fees relative to the application, certification and renewal thereof in amounts sufficient to pay all of the expenses of certification and of the committee directly attributable to the performance of its duties under this part.
(b)
All deposits and disbursements shall be handled in accordance with §
63-1-137
.
Acts 2000, ch. 685, § 11.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 10 - ACUPUNCTURE (§§ 63-6-1001 — 63-6-1010) › Section 63-6-1010 - Use of titles

(a)
The titles "licensed acupuncturist" or "ADS" may be used by persons certified under this part. No person who is not properly licensed to practice medicine or osteopathy shall use certification under this part to identify such person as a doctor or physician.
(b)
Each person certified to practice acupuncture shall post the certificate in a conspicuous location at such person's place of practice.
Acts 2000, ch. 685, § 12.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 11 - TENNESSEE ABORTION-INDUCING DRUG RISK PROTOCOL ACT (§§ 63-6-1101 — 63-6-1108) › Section 63-6-1101 - Short title

This part is known and may be cited as the "Tennessee Abortion-Inducing Drug Risk Protocol Act."
Added by 2022 Tenn. Acts, ch. 1001, s 3, eff. 1/1/2023.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 11 - TENNESSEE ABORTION-INDUCING DRUG RISK PROTOCOL ACT (§§ 63-6-1101 — 63-6-1108) › Section 63-6-1103 - In-person requirement

(a)
An abortion-inducing drug may be provided only by a qualified physician following the procedures set forth in this part.
(b)
A manufacturer, supplier, pharmacy, physician, qualified physician, or other person shall not provide an abortion-inducing drug to a patient via courier, delivery, or mail service.
Added by 2022 Tenn. Acts, ch. 1001, s 3, eff. 1/1/2023.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 11 - TENNESSEE ABORTION-INDUCING DRUG RISK PROTOCOL ACT (§§ 63-6-1101 — 63-6-1108) › Section 63-6-1104 - Distribution of abortion-inducing drugs

(a)
Because the failure and complication rates from a chemical abortion increase with advancing gestational age and because the physical symptoms of chemical abortion can be identical to the symptoms of ectopic pregnancy and abortion-inducing drugs do not treat ectopic pregnancies and are contraindicated in ectopic pregnancies, a qualified physician providing an abortion-inducing drug shall examine the patient in person and, prior to providing an abortion-inducing drug:
(1)
Independently verify that a pregnancy exists;
(2)
Determine the patient's blood type, and, if the patient is Rh negative, offer to administer RhoGAM at the time of the abortion;
(3)
Inform the patient that the patient may see the remains of the unborn child in the process of completing the abortion; and
(4)
Document, in the patient's medical chart, the gestational age and intrauterine location of the pregnancy, and whether the patient received treatment for Rh negativity, as diagnosed by the most accurate standard of medical care.
(b)
A qualified physician providing an abortion-inducing drug must be credentialed and competent to handle complication management, including emergency transfer, or must have a signed agreement with an associated physician who is credentialed to handle complications and be able to produce the signed agreement on demand by the patient or the department. The qualified physician providing an abortion-inducing drug to a patient shall provide the patient with the name and phone number of the associated physician.
(c)
A qualified physician providing an abortion-inducing drug, or an agent of the qualified physician, shall schedule a follow-up visit for the patient at approximately seven (7) to fourteen (14) days after administration of the abortion-inducing drug to confirm that the pregnancy is completely terminated and to assess the degree of bleeding. The qualified physician shall make all reasonable efforts to ensure that the patient returns for the scheduled appointment. A brief description of the efforts made to comply with this subsection (c), including the date, time, and identification by name of the individual making the efforts, must be included in the patient's medical record.
Added by 2022 Tenn. Acts, ch. 1001, s 3, eff. 1/1/2023.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 11 - TENNESSEE ABORTION-INDUCING DRUG RISK PROTOCOL ACT (§§ 63-6-1101 — 63-6-1108) › Section 63-6-1105 - Criminal penalties

(a)
An individual who intentionally, knowingly, or recklessly violates this part commits a Class E felony and, upon conviction, may be fined not more than fifty thousand dollars ($50,000). As used in this subsection (a), "intentional," "knowing," and "reckless" have the same meanings as provided in §
39-11-302
.
(b)
A criminal penalty shall not be assessed against a patient upon whom a chemical abortion is attempted or performed.
Added by 2022 Tenn. Acts, ch. 1001, s 3, eff. 1/1/2023.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 11 - TENNESSEE ABORTION-INDUCING DRUG RISK PROTOCOL ACT (§§ 63-6-1101 — 63-6-1108) › Section 63-6-1106 - Civil remedies and professional sanctions

(a)
In addition to all other remedies available under the laws of this state, failure to comply with this part:
(1)
Provides a basis for a civil malpractice action for actual and punitive damages;
(2)
Provides a basis for professional disciplinary action under this title or title 68 for the suspension or revocation of the license of a healthcare provider or facility;
(3)
Provides a basis for recovery for the patient's survivors for the wrongful death of the patient under a wrongful death action; and
(4)
Provides a basis for a cause of action for injunctive relief against an individual who has provided an abortion-inducing drug in violation of this part to prevent the enjoined defendant from providing further abortion-inducing drugs in violation of this part. The action may be maintained by:
(A)
A patient to whom the abortion-inducing drug was provided;
(B)
An individual who is the spouse, parent, or guardian of, or a current or former licensed healthcare provider of, a patient to whom the abortion-inducing drug was provided; or
(C)
A prosecuting attorney with appropriate jurisdiction.
(b)
Civil liability shall not be imposed against a patient on whom a chemical abortion is attempted or performed.
(c)
When requested, the court shall allow a patient to proceed using solely the patient's initials or a pseudonym and may close any proceedings in the case and enter other protective orders to preserve the privacy of the patient on whom the chemical abortion was attempted or performed.
(d)
If judgment is rendered in favor of the plaintiff, the court shall also render judgment for reasonable attorney fees in favor of the plaintiff against the defendant.
(e)
If judgment is rendered in favor of the defendant and the court finds that the plaintiff's suit was frivolous and brought in bad faith, the court may render judgment for reasonable attorney fees in favor of the defendant against the plaintiff.
Added by 2022 Tenn. Acts, ch. 1001, s 3, eff. 1/1/2023.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 11 - TENNESSEE ABORTION-INDUCING DRUG RISK PROTOCOL ACT (§§ 63-6-1101 — 63-6-1108) › Section 63-6-1107 - Construction

This part does not:
(1)
Create or recognize a right to abortion;
(2)
Make lawful an abortion that is otherwise unlawful; or
(3)
Repeal, replace, or otherwise invalidate existing federal laws, regulations, or policies.
Added by 2022 Tenn. Acts, ch. 1001, s 3, eff. 1/1/2023.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 11 - TENNESSEE ABORTION-INDUCING DRUG RISK PROTOCOL ACT (§§ 63-6-1101 — 63-6-1108) › Section 63-6-1108 - Right of intervention

The attorney general and reporter may bring an action to enforce compliance with this part or intervene as a matter of right in a case in which the constitutionality of this part is challenged.
Added by 2022 Tenn. Acts, ch. 1001, s 3, eff. 1/1/2023.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 12 - CYTOPATHOLOGY SERVICES (§§ 63-6-1201 — 63-6-1207) › Section 63-6-1201 - Part definitions

For purposes of this part, unless the context otherwise requires:
(1)
"Cytopathology services" means the examination of cells from fluids, aspirates, washings, brushings or smears, including the Pap test examination performed by a physician or under the supervision of a physician; and
(2)
"Onsite medical clinic" means a medical clinic located on the premises of the patient's employer for which cytopathology services are provided and for which a patient has no financial obligation to pay for the cytopathology services.
Acts 2006, ch. 1003, § 6; 2007 , ch. 117, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 12 - CYTOPATHOLOGY SERVICES (§§ 63-6-1201 — 63-6-1207) › Section 63-6-1202 - Claims, bills or demands for payment for services

A clinical laboratory or physician, located in this state, or in another state, providing cytopathology services for patients in this state, shall present or cause to be presented a claim, bill or demand for payment for these services only to the following:
(1)
The patient directly;
(2)
The responsible insurer or other third party payor;
(3)
The hospital, public health clinic, nonprofit health clinic ordering the services, or onsite medical clinic;
(4)
The referring laboratory, other than a laboratory of a physician's office or group practice that does not perform the technical or professional component of the cytopathology service for which the claim, bill, or demand is presented; or
(5)
Governmental agencies or their specified public or private agent, agency, or organization on behalf of the recipient of the services.
Acts 2006, ch. 1003, § 2; 2007 , ch. 117, § 2.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 12 - CYTOPATHOLOGY SERVICES (§§ 63-6-1201 — 63-6-1207) › Section 63-6-1203 - Restrictions on solicitation for payment by licensed practitioner

Except as provided by §
63-6-1206
, no licensed practitioner in the state shall, directly or indirectly, charge, bill or otherwise solicit payment for cytopathology services, unless the professional component of the services was rendered personally by the licensed practitioner or under the licensed practitioner's direct supervision in accordance with § 353 of the Public Health Service Act (
42 U.S.C. § 263a
).
Acts 2006, ch. 1003, § 3.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 12 - CYTOPATHOLOGY SERVICES (§§ 63-6-1201 — 63-6-1207) › Section 63-6-1204 - Reimbursement of licensed practitioner

No patient, insurer, third party payor, hospital, public health clinic or nonprofit health clinic shall be required to reimburse any licensed practitioner for charges or claims submitted in violation of this part.
Acts 2006, ch. 1003, § 4.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 12 - CYTOPATHOLOGY SERVICES (§§ 63-6-1201 — 63-6-1207) › Section 63-6-1205 - Assignment of benefits

Nothing in this part shall be construed to mandate the assignment of benefits for cytopathology services as defined in §
63-6-1201
.
Acts 2006, ch. 1003, § 5.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 12 - CYTOPATHOLOGY SERVICES (§§ 63-6-1201 — 63-6-1207) › Section 63-6-1206 - Referring laboratory

This part does not prohibit billing of a referring laboratory for cytopathology services in instances where a sample or samples must be sent to another specialist; provided, that, for purposes of this section, "referring laboratory" does not include a laboratory of a physician's office or group practice that does not perform the technical or professional component of the cytopathology service involved.
Acts 2006, ch. 1003, § 7.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 12 - CYTOPATHOLOGY SERVICES (§§ 63-6-1201 — 63-6-1207) › Section 63-6-1207 - Violations

The appropriate state licensing board having jurisdiction over any practitioner who may request or provide cytopathology services may revoke, suspend or deny renewal of the license of any practitioner who violates this part.
Acts 2006, ch. 1003, § 8.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 7 - NURSING (§§ 63-7-101 — 63-7-403) › Part 1 - GENERAL PROVISIONS (§§ 63-7-101 — 63-7-130) › Section 63-7-101 - Purpose of chapter

The purpose of this chapter is to safeguard life and health by requiring each person who is practicing or is offering to practice nursing to submit evidence that the person is qualified to practice and to be licensed as provided in this chapter. Such evidence of qualifications shall be submitted to the state board of nursing, which is the regulatory body authorized to enforce this chapter.
Acts 1967, ch. 78, § 1; T.C.A., § 63-729; Acts 1990, ch. 651, § 1; 2005, ch. 387, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 7 - NURSING (§§ 63-7-101 — 63-7-403) › Part 1 - GENERAL PROVISIONS (§§ 63-7-101 — 63-7-130) › Section 63-7-104 - Registered nurse qualifications

An applicant for a license to practice professional nursing shall submit to the board evidence in such form as the board may prescribe that such applicant:
(1)
Is in good physical and mental health;
(2)
Holds a diploma from a four-year accredited high school, or the equivalent thereof, as determined by the board; and
(3)
Has successfully completed a course of study in an approved school of nursing, as defined by the board, and the applicant holds a diploma or degree from an approved school of nursing or the approved school has certified to the board that the applicant has met all requirements for a diploma or degree.
Acts 1967, ch. 78, § 13; T.C.A., § 63-741; Acts 1984, ch. 848, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 7 - NURSING (§§ 63-7-101 — 63-7-403) › Part 1 - GENERAL PROVISIONS (§§ 63-7-101 — 63-7-130) › Section 63-7-106 - Registered nurse fees - Certification to other states

(a)
(1)
The applicant for a license to practice as a professional or registered nurse by examination must pay a fee as set by the board and the board may direct, by regulation, that a part of the fee shall be paid directly to a testing service by the applicant.
(2)
An unsuccessful applicant for licensure by examination may rewrite the examination upon payment of a fee as set by the board, and the board may direct, by regulation, that a part of the fee shall be paid directly to a testing service by the applicant.
(3)
The applicant for a license to practice as a professional or registered nurse without examination under §
63-7-105(b)
shall pay a fee as set by the board.
(b)
The applicant for a temporary permit shall pay a fee as set by the board.
(c)
Any person who holds a license to practice professional nursing under this chapter, and who seeks to be licensed in another state by endorsement on the basis of the person's Tennessee license, shall have the license certified by the board for a fee as set by the board.
(d)
The applicant for a duplicate original license or a duplicate renewal certificate shall pay a fee as set by the board.
(e)
The applicant for a school transcript shall pay a fee as set by the board.
(f)
The applicant for a change in name shall pay a fee as set by the board.
(g)
An applicant for a certificate of fitness or a temporary certificate of fitness pursuant to §
63-7-123
shall pay a fee as set by the board.
Acts 1967, ch. 78, § 15; 1976, ch. 501, §§ 4, 5; 1981, ch. 462, §§ 3-5; T.C.A., § 63-743; Acts 1982, ch. 712, § 4; 1985, ch. 39, §§ 2-4; 1989, ch. 523, §§ 194-200; 1992, ch. 822, § 2; 2005, ch. 387, § 4.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 7 - NURSING (§§ 63-7-101 — 63-7-403) › Part 1 - GENERAL PROVISIONS (§§ 63-7-101 — 63-7-130) › Section 63-7-107 - Use of "registered nurse" title

Any person who holds a license to practice professional nursing under this chapter shall, during the effective period of such license, be entitled to use the title "nurse," "registered nurse," or the abbreviation "R.N." No other person shall assume such titles or use such abbreviation or any other words, letters or signs to indicate that the person using the same is a professional or registered nurse.
Acts 1967, ch. 78, § 16; T.C.A., § 63-744; Acts 2004, ch. 573, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 7 - NURSING (§§ 63-7-101 — 63-7-403) › Part 1 - GENERAL PROVISIONS (§§ 63-7-101 — 63-7-130) › Section 63-7-108 - "Practice of practical nursing" defined

The "practice of practical nursing" means the performance for compensation of selected acts required in the nursing care of the ill, injured or infirm and/or carrying out medical orders prescribed by a licensed physician or dentist under the direction of a licensed physician, dentist or professional registered nurse. The licensed practical nurse shall have preparation in and understanding of nursing, but shall not be required to have the same degree of education and preparation as required of a registered nurse.
Acts 1967, ch. 78, § 17; T.C.A., § 63-745.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 7 - NURSING (§§ 63-7-101 — 63-7-403) › Part 1 - GENERAL PROVISIONS (§§ 63-7-101 — 63-7-130) › Section 63-7-109 - Practical nurse qualifications

An applicant for a license to practice as a licensed practical nurse shall submit to the board evidence in such form as the board may prescribe that the applicant:
(1)
Is in good physical and mental health;
(2)
Has completed the twelfth grade or its equivalent or has successfully passed the test for and has received a high school equivalency credential approved by the state board of education and such other preliminary qualifications and requirements as the board may prescribe; and
(3)
Has successfully completed a course of study in an approved school for practical nurses, as defined by the board, and the applicant holds a certificate therefrom, or the approved school has certified to the board that the applicant has met all requirements for a certificate.
Amended by 2023 Tenn. Acts, ch. 114,s 50, eff. 7/1/2023.
Acts 1967, ch. 78, § 18; 1981, ch. 462, §§ 6, 7; T.C.A., § 63-746; Acts 1984, ch. 848, § 2.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 7 - NURSING (§§ 63-7-101 — 63-7-403) › Part 1 - GENERAL PROVISIONS (§§ 63-7-101 — 63-7-130) › Section 63-7-111 - Practical nurse fees - Certification to other states

(a)
(1)
The applicant for a license to practice as a licensed practical nurse shall pay an examination fee as set by the board, and the board may direct, by regulation, that a part of the fee shall be paid directly to a testing service by the applicant.
(2)
An applicant to rewrite an examination shall pay an examination fee as set by the board, and the board may direct, by regulation, that a part of the fee shall be paid directly to a testing service by the applicant.
(b)
The applicant to practice as a licensed practical nurse without examination under §
63-7-110(b)
shall pay a fee as set by the board.
(c)
The applicant for a permit shall pay a fee as set by the board.
(d)
Any person who holds a license to practice as a practical nurse under this chapter and who seeks to be licensed in another state by endorsement on the basis of the person's Tennessee license shall have the license certified by the board for a fee as set by the board.
(e)
The applicant for a duplicate original license or a duplicate renewal certificate shall pay a fee as set by the board.
(f)
The applicant for a school transcript shall pay a fee as set by the board.
(g)
The applicant for a change in name shall pay a fee as set by the board.
Acts 1967, ch. 78, § 20; 1976, ch. 501, § 7; 1981, ch. 462, §§ 9-12; T.C.A., § 63-748; Acts 1982, ch. 712, § 6; 1985, ch. 39, §§ 5-7; 1989, ch. 523, §§ 201-208; 2005, ch. 387, § 6.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 7 - NURSING (§§ 63-7-101 — 63-7-403) › Part 1 - GENERAL PROVISIONS (§§ 63-7-101 — 63-7-130) › Section 63-7-112 - Use of "licensed practical nurse" title

Any person who holds a license to practice practical nursing under this chapter shall, during the effective period of such license, be entitled to use the title "nurse," "licensed practical nurse" or the abbreviation "L.P.N." No other person shall assume such titles or use such abbreviation or any other words, letters or signs to indicate that the person using the same is a licensed practical nurse.
Acts 1967, ch. 78, § 21; T.C.A., § 63-749; Acts 2004, ch. 573, § 2.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 7 - NURSING (§§ 63-7-101 — 63-7-403) › Part 1 - GENERAL PROVISIONS (§§ 63-7-101 — 63-7-130) › Section 63-7-113 - Examinations

(a)
An examination for both the professional and practical nurses shall be held at least once each year at such time and place as the board may determine and additional examinations as the board may deem necessary.
(b)
The board shall appoint the number of nurses and proctors necessary to administer the examination in each place designated and make such rules and regulations in regard to the examinations as are essential to efficient service. Each nurse or proctor shall receive fifty dollars ($50.00) per day for each day of service, and in addition thereto, shall be reimbursed for travel and other necessary expenses. Such expenses shall be claimed and paid in accordance with the prevailing travel regulations of the state government.
Acts 1967, ch. 78, § 22; 1976, ch. 501, § 8; T.C.A., § 63-750; Acts 2005, ch. 387, § 7.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 7 - NURSING (§§ 63-7-101 — 63-7-403) › Part 1 - GENERAL PROVISIONS (§§ 63-7-101 — 63-7-130) › Section 63-7-117 - Application for school accreditation

An institution desiring to conduct a school of professional nursing or a school of practical nursing on ground, distance, online or via other electronic means must apply to the board for approval, and submit evidence that it is prepared to:
(1)
Carry out the prescribed basic professional nursing curriculum or the prescribed curriculum for practical nursing, as the case may be; and
(2)
Meet other standards established by this chapter or by the board.
Acts 1967, ch. 78, § 26; T.C.A., § 63-754; Acts 2005, ch. 387, § 10.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 7 - NURSING (§§ 63-7-101 — 63-7-403) › Part 1 - GENERAL PROVISIONS (§§ 63-7-101 — 63-7-130) › Section 63-7-118 - Investigation of applicants for accreditation

A survey of the institution or institutions and agencies with which the school is to be affiliated shall be made by the executive director or by a qualified nurse appointed for this purpose by the board. The school shall submit a written report to the board. If, in the opinion of the board, the requirements for an approved school are found to be met, the board shall approve such school and designate it as an approved school of nursing.
Acts 1967, ch. 78, § 27; T.C.A., § 63-755; Acts 2005, ch. 387, § 11.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 7 - NURSING (§§ 63-7-101 — 63-7-403) › Part 1 - GENERAL PROVISIONS (§§ 63-7-101 — 63-7-130) › Section 63-7-119 - Survey of schools and report - Loss of accreditation

At least once every eight (8) years, the executive director or other authorized employee shall survey each school of nursing in Tennessee and submit a written report to the board. If the board determines that a school of nursing previously approved is not maintaining the required standards, written notice shall be furnished the school with a specification of the deficiencies claimed to exist by the board. After a hearing, which shall be afforded if demanded, a school that fails to correct the deficiencies written in such notice within the time specified shall be removed from the list of approved schools of nursing.
Acts 1967, ch. 78, § 28; T.C.A., § 63-756; Acts 1985, ch. 39, § 10; 2005, ch. 387, § 12.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 7 - NURSING (§§ 63-7-101 — 63-7-403) › Part 1 - GENERAL PROVISIONS (§§ 63-7-101 — 63-7-130) › Section 63-7-120 - Violations and penalties

(a)
It is a Class B misdemeanor for any person, corporation or association to:
(1)
Sell or fraudulently obtain or furnish any nursing diploma, license or record, or aid or abet therein;
(2)
Practice nursing as defined by this chapter under cover of any diploma, license or record illegally or fraudulently obtained or assigned or issued unlawfully or under fraudulent representation;
(3)
Practice nursing as defined by this chapter unless duly licensed to do so under this chapter;
(4)
Use in connection with the person's name any designation tending to imply that the person is a registered nurse or a licensed practical nurse unless duly licensed so to practice under this chapter;
(5)
Practice nursing during the time the person's license issued under this chapter is suspended or revoked;
(6)
Conduct a school of nursing or a program for the training of practical nurses unless the school or program has been approved by the board; or
(7)
Otherwise violate any provisions of this chapter.
(b)
Legal procedure in prosecution of violations of this section shall be in accordance with general statutes.
Acts 1967, ch. 78, § 29; 1976, ch. 501, § 11; T.C.A., § 63-757; Acts 1989, ch. 591, § 112.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 7 - NURSING (§§ 63-7-101 — 63-7-403) › Part 1 - GENERAL PROVISIONS (§§ 63-7-101 — 63-7-130) › Section 63-7-121 - Validity of license issued on or before September 1, 1967

Any person holding a license to practice as a registered or professional nurse or licensed practical nurse issued by the board that is valid on September 1, 1967, shall thereafter be considered to be licensed under this chapter.
Acts 1967, ch. 78, § 30; T.C.A., § 63-758.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 7 - NURSING (§§ 63-7-101 — 63-7-403) › Part 1 - GENERAL PROVISIONS (§§ 63-7-101 — 63-7-130) › Section 63-7-122 - Enjoining violations

(a)
The board of nursing, in addition to the powers and duties expressly granted by this chapter in the matter of suspension or revocation of a license, is authorized and empowered to petition any circuit or chancery court having jurisdiction to enjoin:
(1)
Any person from practicing or from attempting to practice as a professional or registered nurse, as described in §
63-7-103
, or as a licensed practical nurse, as described in §
63-7-108
, without possessing a valid license;
(2)
Any licensee from practicing who has been found guilty of the acts enumerated in §
63-7-115
; or
(3)
Any person from using the title "nurse" or from using any other title, abbreviation, or designation in connection with the person's name, occupation, or profession that indicates or implies that the person is a practicing nurse, but who does not possess a valid license or certificate from the board of nursing.
(b)
No injunction bond shall be required of the board.
(c)
Jurisdiction is conferred upon the circuit and chancery courts to hear and determine such causes as chancery causes and to exercise full and complete jurisdiction in such injunctive proceedings.
Amended by 2019 Tenn. Acts, ch. 245, s 2, eff. 5/2/2019.
Acts 1976, ch. 501, § 12; T.C.A., § 63-759.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 7 - NURSING (§§ 63-7-101 — 63-7-403) › Part 1 - GENERAL PROVISIONS (§§ 63-7-101 — 63-7-130) › Section 63-7-124 - Authority to issue oral contraceptives and drugs relating to sexually transmitted diseases

(a)
Notwithstanding [former] §§
63-1-132(c)
[repealed] and 63-7-123, a professional nurse, licensed pursuant to §§
63-7-104
- 63-7-107, who is employed by a primary health care center established under §
68-1-701
, that receives fifty percent (50%) or more of its family planning funds from funds distributed by the department of health, has the authority to issue, in the same manner as is currently permitted the department or local health departments under §
63-10-205
:
(1)
Oral contraceptives, excluding abortifacients; and
(2)
Drugs relating to sexually transmitted diseases.
(b)
A drug issued under this section shall be issued in accordance with any protocols or standards established by the department for the use of such drug.
(c)
No drugs as provided in this section shall be issued unless a physician has examined the patient for the condition for which such drugs are issued; provided, that this requirement does not supersede any protocol under which a nurse practitioner is rendering service to a patient pursuant to §
63-6-204
or §
63-7-123
.
Acts 1990, ch. 858, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 7 - NURSING (§§ 63-7-101 — 63-7-403) › Part 1 - GENERAL PROVISIONS (§§ 63-7-101 — 63-7-130) › Section 63-7-125 - Confidentiality

(a)
The confidential communications between a client and a registered nurse who is nationally certified as a specialist in psychiatric and mental health nursing and who is practicing in that specialty are considered equivalent to the confidential communications between a patient and a licensed physician practicing as a psychiatrist, under laws addressing privilege and confidentiality and shall have the same protections accorded to patient-psychiatrist communications under §
24-1-207
.
(b)
Nothing in this section shall be construed to prevent disclosure of confidential communications in proceedings arising under title 37, chapter 1, part 4, concerning mandatory child abuse reports, or in proceedings arising under title 71, chapter 6, part 1, concerning mandatory adult abuse reports.
Acts 1995, ch. 271, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 7 - NURSING (§§ 63-7-101 — 63-7-403) › Part 1 - GENERAL PROVISIONS (§§ 63-7-101 — 63-7-130) › Section 63-7-128 - Certificate to practice as a registered nurse first assistant

(a)
As used in this section, "registered nurse first assistant" means a person who:
(1)
Is licensed as a registered nurse in this state;
(2)
(A)
Is certified in perioperative nursing; or
(B)
(i)
Is certified as an advanced practice registered nurse; and
(ii)
Is qualified by education and training to perform tasks involved in perioperative nursing, as determined by the board; and
(3)
Has successfully completed a registered nurse first assistant education program that meets the education standard of the Association of periOperative Registered Nurses for a registered nurse first assistant.
(b)
Registered nurses holding the education and practice credentials of a registered nurse first assistant may apply to the board of nursing for a certificate to practice as a registered nurse first assistant, including authorization to use the title "registered nurse first assistant" or the abbreviation "RNFA." No other person shall assume such title or use such abbreviation or any other words, letters or signs to indicate that the person using the same is a registered nurse first assistant.
(c)
An applicant for a certificate to practice as a registered nurse first assistant shall pay an initial fee as set by the board as well as a biennial renewal fee as set by the board.
Amended by 2019 Tenn. Acts, ch. 326, s 1, eff. 7/1/2020.
Added by 2014 Tenn. Acts, ch. 953,s 1, eff. 1/1/2015.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 7 - NURSING (§§ 63-7-101 — 63-7-403) › Part 1 - GENERAL PROVISIONS (§§ 63-7-101 — 63-7-130) › Section 63-7-129 - Use of title "nurse."

Notwithstanding any provision of any title to the contrary, a person shall not use the title "nurse" or any other title, abbreviation, or designation in connection with the person's name, occupation, or profession to indicate or imply that the person is a practicing nurse unless the person is actively licensed or certified by the board of nursing.
Added by 2019 Tenn. Acts, ch. 245, s 1, eff. 5/2/2019.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 7 - NURSING (§§ 63-7-101 — 63-7-403) › Part 1 - GENERAL PROVISIONS (§§ 63-7-101 — 63-7-130) › Section 63-7-130 - Suspension for failure to collaborate - On-site supervision of healthcare prescriber subject of disciplinary action for conduct related to improper prescribing or diversion of controlled substance

(a)
(1)
Failure by a person licensed under and required by this chapter to collaborate with a physician for any act within the person's licensed scope of practice constitutes a threat to the public health, safety, and welfare and imperatively requires emergency action by the board.
(2)
Notwithstanding any law, if the board learns that a person licensed under this chapter and subject to a requirement to collaborate with a physician for any act within the person's licensed scope of practice has failed to comply with the collaboration requirement, then the board chair, or the chair's designee, shall direct the administrative staff to automatically and immediately, without further action by the board, suspend the person's license until the board receives sufficient proof that the person is in compliance with the collaboration requirements of this chapter.
(3)
The licensure sanction authorized by this subsection (a) is supplementary to, and does not limit, the authority of the board to take other disciplinary action against a licensee the board determines to be in violation of this chapter.
(b)
If a healthcare prescriber licensed under this chapter is the subject of a disciplinary action by the board for conduct related to improper prescribing or diversion of a controlled substance, but retains an active license with prescribing authority following the disciplinary action, then the healthcare prescriber shall not prescribe a controlled substance in this state unless the healthcare prescriber is working in collaboration with a physician who is physically present at the same practice site and licensed to prescribe controlled substances in this state. The board shall determine the period of time that a healthcare prescriber is subject to the on-site supervision requirement of this subsection (b), which must not be less than two (2) years.
Added by 2021 Tenn. Acts, ch. 461, s 2, eff. 5/18/2021.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 7 - NURSING (§§ 63-7-101 — 63-7-403) › Part 2 - BOARD OF NURSING (§§ 63-7-201 — 63-7-210) › Section 63-7-201 - Creation

There is created a board to be known as the board of nursing, composed of eleven (11) members, referred to in this chapter as "board," appointed by the governor in the manner and for the terms of office as provided in §
63-7-202
.
Acts 1967, ch. 78, § 2; T.C.A., § 63-730; Acts 1984, ch. 755, § 3; 2005, ch. 387, § 16.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 7 - NURSING (§§ 63-7-101 — 63-7-403) › Part 2 - BOARD OF NURSING (§§ 63-7-201 — 63-7-210) › Section 63-7-203 - Terms of members

Members of the board shall serve for a term of four (4) years or until their successor shall be appointed. No member may serve more than two (2) consecutive terms. At least four (4) years shall lapse before a member may be reappointed to the board or may serve in any capacity associated with the board.
Acts 1967, ch. 78, § 4; T.C.A., § 63-732; Acts 2012 , ch. 814, § 4.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 7 - NURSING (§§ 63-7-101 — 63-7-403) › Part 2 - BOARD OF NURSING (§§ 63-7-201 — 63-7-210) › Section 63-7-204 - Organization

Promptly after the appointment of the board, it shall meet and organize by electing one (1) member to serve as chair and one (1) member to serve as vice chair.
Acts 1967, ch. 78, § 5; T.C.A., § 63-733.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 7 - NURSING (§§ 63-7-101 — 63-7-403) › Part 2 - BOARD OF NURSING (§§ 63-7-201 — 63-7-210) › Section 63-7-205 - Meetings - Quorum

(a)
Six (6) members of the board shall constitute a quorum for a meeting.
(b)
No action of the board shall be valid unless authorized by the affirmative vote of a majority of members present.
(c)
The board shall hold at least one (1) regular meeting each year and such other meetings as the board may determine.
Acts 1967, ch. 78, § 6; T.C.A., § 63-734; Acts 1984, ch. 755, § 5; 2005, ch. 387, § 15.