reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-NEW - [Newly enacted section not yet numbered] (§ 63-1-NEW) › 1

(a)
As used in this section:
(1)
"Board" means the board of medical examiners created pursuant to chapter 6 of this title;
(2)
"Continuing education" means the healthcare professional's licensing board required continued postgraduate education intended to provide healthcare professionals with knowledge of new developments or reinforcement of previously learned information in the healthcare professional's field;
(3)
"Department" means the department of health; and
(4)
"Healthcare professional" means a person licensed to practice a healing art in this state pursuant to this title.
(b)
The department shall collaborate with a Tennessee organization approved by the board that is accredited as a sponsor of continuing medical education to create a continuing education program for the purpose of providing healthcare professionals with information or training relative to public safety that includes, but is not limited to:
(1)
Identifying and reporting individuals who may need emergent or non-emergent treatment related to their mental health;
(2)
The emergency and non-emergency involuntary admission process, including the duty or authority established under title 33 to involuntarily detain, evaluate, or admit an individual to an inpatient treatment facility;
(3)
Safety in healthcare settings, including how to protect staff and patients from threats, including threats of mass violence and an active shooter; and
(4)
Maintaining HIPAA compliance while completing any necessary communication, writing, or reporting during the emergency and non-emergency involuntary admission process.
(c)
The program must be approved by the board prior to implementation.
(d)
The program must be accessible to all healthcare professionals online.
(e)
The program must be a minimum of two (2) hours of continuing education credit, and the healthcare professional licensing boards under this title shall count the program toward the boards' continuing education requirements.
(f)
The department shall make the program available on the board's website within six (6) months of board approval as required by subsection (c).
(g)
The department, upon approval by the board, may periodically update any curriculum developed pursuant to this section to account for new research and information.
Added by 2024 Tenn. Acts, ch. 749,s 1, eff. 4/22/2024.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-NEW - [Newly enacted section not yet numbered] (§ 63-1-NEW) › 2

(a)
All state entities that are created under this title and administratively attached to the division of health related boards must issue advisory private letter rulings to any affected person who is certified, licensed, or registered by such state entities and who makes such a request regarding any matters within the state entities' primary jurisdiction. The private letter ruling only affects the person making the inquiry and shall have no precedential value for any other inquiry or future contested case to come before the state entity. Any dispute regarding a private letter ruling may be resolved pursuant to the declaratory order provisions of § 4-5-223 if the board chooses to do so.
(b)
The commissioner of health shall promulgate rules to effectuate this section. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Added by 2024 Tenn. Acts, ch. 944,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-NEW - [Newly enacted section not yet numbered] (§ 63-1-NEW) › 3

(a)
As used in this section:
(1)
"Coerce" means to compel a person to act by force, intimidation, or threat;
(2)
"Healthcare provider'' means a healthcare professional, healthcare establishment, or healthcare facility licensed, registered, certified, or permitted pursuant to this title or title 68 or regulated under the authority of either the department of health or an agency, board, council, or committee attached to the department of health, and that is authorized to administer vaccinations in this state;
(3)
"Vaccination" means the act of introducing a vaccine into the body; and
(4)
"Vaccine" means a substance intended for use in humans to stimulate the body's immune response against an infectious disease or pathogen.
(b)
A healthcare provider shall not:
(1)
Coerce a person, including a person who has legal authority to make healthcare decisions for a child, to consent to a vaccination;
(2)
Mislead or misrepresent that a vaccination is required by state law, when state law provides an exemption; or
(3)
Mislead or misrepresent that a newborn screening test is required by state law, when state law does not require such screening without providing an exemption to such requirement.
(c)
(1)
A violation of this section is an unlawful practice and is grounds for the offending healthcare provider's licensing authority to suspend, revoke, or refuse to renew the healthcare provider's license or take other disciplinary action allowed by law.
(2)
If the licensing authority of a healthcare provider receives information of a violation or potential violation of this section by the healthcare provider, then the licensing authority shall conduct an immediate investigation and take appropriate disciplinary action.
Added by 2024 Tenn. Acts, ch. 1043,s 1, eff. 7/1/2024.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-NEW - [Newly enacted section not yet numbered] [Effective 1/1/2025]

(a)
Notwithstanding another law, a licensing board established pursuant to this title or title 68 shall enter into an executive session for any discussion or deliberation of licensee or prospective licensee health conditions, including mental health conditions and substance use disorders, revealed during an application process. The discussion and deliberation of the executive session is not a public meeting as described in § 8-44-102. Minutes and recordings of such executive session, portions of an application involving an applicant's health condition, and records involving an applicant's health condition are confidential, privileged, and not public records subject to inspection by citizens of this state, as described in §§ 8-44-104(a) and 10-7-503. An applicant or licensee may access records of the applicant's or licensee's own application and related proceedings, as may the applicant's or licensee's authorized representative or attorney, or an attorney for this state. The licensing board shall not vote during an executive session described in this subsection (a).
(b)
An executive session is required for licensure application proceedings involving conditions that impair a physician's ability to practice medicine in a competent, ethical, and professional manner. An attorney for the state may be present for the entirety of the proceeding and may advocate on behalf of the department as is reasonably necessary during such proceeding, including the executive session.
(c)
At the discretion of an applicant for a license, an authorized representative or attorney for the applicant for a license before a board established pursuant to this title or title 68, may be present for the entirety of any proceeding, including an executive session, and may advocate on behalf of the applicant as is reasonably necessary during such proceeding or executive session.
Added by 2024 Tenn. Acts, ch. 924,s 9, eff. 1/1/2025.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-101 - Powers and duties

The division of health related boards, in the department of health, is responsible for all administrative, fiscal, inspectional, clerical and secretarial functions of the health related boards under §
68-1-101
.
Acts 1947, ch. 9, § 1; C. Supp. 1950, § 6907.1 (Williams, § 6917.18); Acts 1953, ch. 113, § 45; 1959, ch. 9, § 15; T.C.A. (orig. ed.), § 63-101; Acts 1984, ch. 937, §§ 3, 54; T.C.A., §
63-1-102
.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-102 - Chapter definitions

For the purposes of this chapter:
(1)
"Division" means the division of health related boards in the department of health as created by §
68-1-101
;
(2)
"Health care prescriber" means a:
(A)
Physician licensed under chapter 6 or 9 of this title;
(B)
Dentist licensed under chapter 5 of this title;
(C)
Nurse licensed under chapter 7 of this title;
(D)
Podiatrist licensed under chapter 3 of this title;
(E)
Optometrist licensed under chapter 8 of this title; and
(F)
Physician assistant licensed under chapter 19 of this title;
(3)
"Practice of the healing arts" means offering or undertaking to diagnose, treat, operate on or prescribe for any human pain, injury, disease, deformity or physical or mental condition. The practice of acupuncture is hereby declared to be included within the definition of "practice of the healing arts" as defined by this section; and
(4)
"Title" means the recognized professional abbreviation or professional designation immediately following or immediately below the person's name that indicates the professional license or certification held by such person.
Amended by 2014 Tenn. Acts, ch. 983,s 4, eff. 1/1/2015.
Acts 1947, ch. 9, § 2; 1947, ch. 107, § 1; C. Supp. 1950, § 6907.2 (Williams, § 6917.19); Acts 1955, ch. 160, § 1; 1969, ch. 338, § 1; 1973, ch. 350, § 1; 1973, ch. 393, § 1; 1975, ch. 355, §§ 1, 2; 1980, ch. 851, § 1; T.C.A. (orig. ed.), § 63-102; Acts 1984, ch. 937, § 55; T.C.A., §
63-1-103
; Acts 2005, ch. 467, § 3.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-103 - Application for licenses

Each application for a license filed with the division shall be on forms prescribed by the division or via online application and shall be accompanied by a fee as set by the division.
Amended by 2014 Tenn. Acts, ch. 949,s 1, eff. 7/1/2014.
Acts 1947, ch. 9, § 4; mod. C. Supp. 1950, § 6907.4 (Williams, § 6917.21); Acts 1953, ch. 113, § 3; T.C.A. (orig. ed.), § 63-108; Acts 1984, ch. 937, § 61; T.C.A., §
63-1-109
; Acts 1990, ch. 1026, § 27.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-105 - Signing of licenses

Before issuing any license as provided in this chapter, the division shall cause the license to be signed by the members of the board of the particular branch of the healing arts in which the holder thereof is being licensed.
Acts 1953, ch. 113, § 1 (Williams, § 6917.19); T.C.A. (orig. ed.), § 63-110; Acts 1984, ch. 937, § 63; T.C.A., §
63-1-111
.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-106 - Duplicate licenses - Change of name - Fee

(a)
A licensee of any branch of the healing arts whose license has been lost or destroyed may make application to the board of that particular branch of the healing arts for a new license. Such application shall be accompanied by an affidavit setting out the facts concerning the loss or destruction of the license.
(b)
Any licensee of any branch of the healing arts whose name is changed by marriage or court order may surrender that licensee's license and apply to the board of that particular branch of the healing arts for a new license.
(c)
The fee for such new license shall be set by the board issuing such certificate.
Acts 1953, ch. 113, § 2 (Williams, § 6917.20); T.C.A. (orig. ed.), § 63-105; Acts 1984, ch. 937, § 58; 1990, ch. 1026, § 28.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-108 - Certificate of registration - Change of address of registrant - Service of process

(a)
Upon due application by a licensee of the division and upon the payment of fees required to be paid by this chapter, the division shall issue to such applicant a certificate of registration signed by the executive officer of the division, which certificate shall recite that such person is duly registered for the year specified.
(b)
Such certificate of registration shall contain the name of the person to whom it is issued, the address of the person, which shall be the address of the licensee deemed sufficient for purposes of service of process, the branch of the healing arts in which the person is licensed to practice, the date and number of the license and such other information as the division deems advisable.
(c)
If any registrant changes address during the year for which any certificate of registration has been issued by the division, such registrant, within thirty (30) days thereafter, shall notify the division of such change, whereupon the division shall issue to such registrant, without additional fee, a duplicate registration certificate for such new location.
(d)
For the purpose of effecting service of process upon a licensee, the division may notify the licensee by certified mail, return receipt requested, at the address on file with the division.
Acts 1947, ch. 9, § 6; mod. C. Supp. 1950, § 6907.6 (Williams, § 6917.23); Acts 1975, ch. 355, § 4; T.C.A. (orig. ed.), § 63-114; Acts 1984, ch. 937, § 67; T.C.A., §
63-1-115
; Acts 1990, ch. 1026, § 32.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-110 - Licensees in armed forces or public health service

(a)
Any person licensed to practice a healing art or any branch thereof in this state who is an officer in the commissioned medical corps of the army, the navy, the air force or the public health service of the United States shall not be required to register as provided in this chapter.
(b)
When such person resigns or is honorably discharged from one of the services mentioned in subsection (a) and engages in the practice of a healing art or any branch thereof in this state, such person shall register with the appropriate board licensing that profession.
Acts 1947, ch. 9, § 7; C. Supp. 1950, § 690.7 (Williams, § 6917.24); modified; T.C.A. (orig. ed.), § 63-116; Acts 1984, ch. 937, § 69; T.C.A., §
63-1-117
.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-111 - Retirement

(a)
Any person licensed to practice the healing arts or any branch thereof in this state who has retired or may hereafter retire from such practice shall not be required to register as required by this chapter.
(b)
Such person shall file with the division an affidavit on a form to be furnished by the division, which affidavit shall state the date on which the person retired from such practice and such other facts as shall tend to verify such retirement as the division shall deem necessary.
(c)
Any such person who thereafter reengages in the practice of the healing arts or any branch thereof shall register with the division as provided by this chapter.
Acts 1947, ch. 9, § 7; C. Supp. 1950, § 6907.7 (Williams, § 6917.24); T.C.A. (orig. ed.), § 63-115; Acts 1984, ch. 937, § 68; T.C.A., §
63-1-116
.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-112 - License and registration fees

(a)
No fee for the issuance of licenses to practice the healing arts or any branch thereof shall be collected except by the appropriate board licensing that profession.
(b)
All fees due the boards regulating the various branches of the healing arts shall be collected by the division.
Acts 1947, ch. 9, § 14; C. Supp. 1950, § 6907.14 (Williams, § 6917.31); Acts 1953, ch. 113, § 7; T.C.A. (orig. ed.), § 63-119; Acts 1984, ch. 937, § 71; T.C.A., §
63-1-119
; Acts 2010, ch. 1043, § 2.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-113 - Disbursement of fines and penalties - Operating expenses

(a)
All fines and penalties for offenses for the violation of this chapter shall be paid over to the division and shall become a part of the receipts of the division. All money received by the division shall be paid into the state treasury and become a part of the general fund of the state.
(b)
The commissioner of finance and administration shall make such allotments out of the general fund as the commissioner may deem proper for the necessary expenses of all professional boards for which fees are collected by the division, and no expenditure shall be made by the division unless and until such allotment has been made by the commissioner. Such allotments shall be disbursed under the general budgetary laws of the state.
Acts 1947, ch. 9, § 13; mod. C. Supp. 1950, § 6907.13 (Williams, § 6917.30); Acts 1953, ch. 113, § 6; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 63-120; Acts 1984, ch. 937, § 72; T.C.A., §
63-1-120
.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-114 - Directory of licensees

The division shall publish a directory listing all persons licensed to practice any branch of the healing arts in Tennessee.
Acts 1947, ch. 9, § 3; mod. C. Supp. 1950, § 6907.3 (Williams, § 6917.20); Acts 1953, ch. 113, § 2; 1972, ch. 834, § 1; T.C.A. (orig. ed.), § 63-112; Acts 1984, ch. 937, § 65; T.C.A., §
63-1-113
; Acts 1990, ch. 1024, § 32; 1990, ch. 1026, § 1; 2010, ch. 1043, § 3.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-115 - Employment of administrative and enforcement personnel

The division is authorized to employ investigators, inspectors or agents or to use any other means necessary to bring about and maintain a rigid administration and enforcement of this chapter and all laws regulating the practice of the healing arts and the various branches thereof within this state.
Acts 1947, ch. 9, § 13; C. Supp. 1950, § 6907.13 (Williams, § 6917.30); Acts 1953, ch. 113, § 6; T.C.A. (orig. ed.), § 63-127; Acts 1984, ch. 937, § 78; T.C.A., § 63-1-127.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-116 - Criminal background checks for health care providers

(a)
Each board, council, committee or other governmental entity created pursuant to this title or title 68 that is attached to the department is authorized to promulgate all rules and regulations necessary for obtaining criminal background information from applicants prior to the issuance of any licenses, certificates, registrations or other authorizations required to practice any of the health related professions regulated by that board, council, committee or other governmental entity. The respective board, council, committee or other governmental entity may utilize, either individually or in combination, any of the following methods in furtherance of the objectives of this section:
(1)
Query the Tennessee bureau of investigation's (TBI) Tennessee criminal history records system for any or all of the following information:
(A)
Tennessee criminal history records;
(B)
Tennessee repository for apprehension of persons (TRAP);
(C)
State of Tennessee orders of protection files (STOP); and
(D)
Criminal history records of the federal government and other states to which TBI may have access. Criminal history records of the federal bureau of investigation may be obtained for the reasons listed in this subsection (a), only if fingerprints are obtained and submitted through the TBI;
(2)
Require applicants to provide any and all information and investigative records to the board, the division or its agent or to any agency that contracts with the state that is necessary for the purpose of verifying whether the applicant has been convicted of a crime;
(3)
Require applicants to supply a fingerprint sample and submit to a criminal history records check to be conducted by the TBI, other law enforcement agency or any legally authorized entity; and
(4)
Require applicants to supply any sample or release any information required for a criminal background investigation by a professional background screening organization or criminal background check service or registry.
(b)
All costs associated with the required criminal background checks shall be paid by the applicant. Payments of costs required to be made to the TBI shall be made in accordance with §§
38-6-103
and
38-6-109
.
(c)
Any board, council, or committee or other governmental entity that denies an application or restricts or conditions any authorization to practice based upon information provided to it under this section shall be immune from suit by or on behalf of that applicant for the denial, restriction or condition.
(d)
Initial rules promulgated pursuant to this section may be promulgated as emergency rules pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2007, ch. 182, § 1; 2009, ch. 566, § 12.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-118 - Certification of fitness for license in other state

(a)
A licensee of any branch of the healing arts who seeks to be licensed in another state by reciprocity on the basis of the licensee's Tennessee license shall have the application for the license certified by the board of the particular branch of the healing arts in which the licensee is licensed.
(b)
The fee for this certificate shall be set by and paid to the board of the particular branch of the healing arts in which the applicant is licensed.
Acts 1947, ch. 9, § 3; mod. C. Supp. 1950, § 6907.3 (Williams, § 6917.20); Acts 1953, ch. 113, § 2; T.C.A. (orig. ed.), § 63-104; Acts 1984, ch. 937, § 57; T.C.A., §
63-1-105
; Acts 1990, ch. 1026, § 31.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-119 - Effect of chapter on other law

No provision of this chapter shall be construed as repealing any other law with reference to the requirements regulating the practice of the healing arts or any branch thereof, except insofar as the same may conflict with this chapter.
Acts 1947, ch. 9, § 9; C. Supp. 1950, § 6907.9 (Williams, § 6917.26); modified; T.C.A. (orig. ed.), § 63-118; Acts 1984, ch. 937, § 53; T.C.A., §
63-1-101
.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-121 - Enjoining violations

(a)
The division, in addition to the powers and duties expressed in this chapter with respect to the denial of a license, denial of certificate of registration and suspension or revocation of a license, is empowered to petition any circuit or chancery court having jurisdiction of any person within this state who is practicing without a license or to whom a license has been denied, or to whom a certificate of registration has been denied or whose license has been suspended or revoked by action of the division, to enjoin such person from continuing to practice the healing arts, or any branch thereof, within this state.
(b)
Jurisdiction is conferred upon the circuit and chancery courts of this state to hear and determine all such causes as equity causes and exercise full and complete jurisdiction in such injunctive proceedings; but nothing in this section shall be construed as conferring criminal jurisdiction upon any court not now possessing such criminal jurisdiction, nor shall any such court, as an incident to the injunctive proceedings authorized in this section, have the power to assess the criminal penalties set out in this chapter.
Acts 1947, ch. 9, § 12; C. Supp. 1950, § 6907.12 (Williams, § 6917.29); T.C.A. (orig. ed.), § 63-125; Acts 1984, ch. 937, § 77; T.C.A., § 63-1-125.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-122 - Standard of care

For purposes of any action before any board, committee, council, or other agency created pursuant to this title or title 68, in which the standard of care is at issue, members of such a board, committee, council, or agency are entitled to rely upon their own expertise in making determinations concerning the standard of care and are not subject to voir dire concerning such expertise. The standard of care for such actions is a statewide standard of minimal competency and practice; provided, however, that to sustain actions based upon a violation of this standard of care, the board, committee, council, or other agency must, absent admissions or other testimony to the effect that the standard of care was violated, articulate the standard of care in its deliberations. The provisions of title 29, chapter 26, and specifically §
29-26-115(a)
, concerning the locality rule, do not apply to actions taken pursuant to this title or title 68.
Added by 2017 Tenn. Acts, ch. 240,s 4, eff. 5/2/2017.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-123 - Penalties

(a)
Any person, except those expressly exempted from this chapter by §
63-1-110
or §
63-1-111
who practices the healing arts as defined in this chapter, or any branch thereof, without first complying with this chapter, including all laws now in force regulating the practice of the various branches of the healing arts, and any person who violates this chapter commits a Class B misdemeanor.
(b)
Each time any person practices the healing arts, or any branch thereof, without meeting all the requirements of laws now in force and of this chapter constitutes a separate offense. Any person filing or attempting to file as that person's own a diploma or license of another or a forged affidavit of identification commits a felony and is subject to the punishment prescribed by law for the crime of forgery.
Acts 1947, ch. 9, § 13; C. Supp. 1950, § 6907.13 (Williams, § 6917.30); T.C.A. (orig. ed.), § 63-126; T.C.A. § 63-1-126; Acts 1989, ch. 591, § 112.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-124 - Citizen member

The governor shall appoint one (1) citizen member to each health-related board that does not have a citizen as a part of its membership. The term of each such citizen member shall be the same as other members of the respective board to which such person is appointed. As used in this section, "citizen member" means a person who is appointed to serve on a board and who does not engage in any profession, business or activity subject to regulation by the board.
Acts 1993, ch. 181, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-127 - Sharing of information concerning substance abuse by healthcare practitioner with other quality improvement committees

A quality improvement committee, as defined in §
63-1-150
, may share information concerning substance abuse by a healthcare practitioner licensed or certified under this title with another quality improvement committee pursuant to §
63-1-150(d)(3)
or §
68-11-272(c)(3)
in furtherance of the functions of the committees.
Added by 2017 Tenn. Acts, ch. 481,s 2, eff. 7/1/2017.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-128 - Emergency action not requiring prior approval of attorney general and reporter

Notwithstanding any law, rule, or policy of a board or the department of health, emergency action by the department or the board under §
4-5-320(c)
shall not require the prior approval of the attorney general and reporter.
Added by 2017 Tenn. Acts, ch. 481,s 3, eff. 7/1/2017.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-129 - Solicitation of accident and disaster victims by health care prescribers prohibited - Exceptions

(a)
Health care prescribers, their employees, agents, or independent contractors shall not conduct in-person solicitation, telemarketing, or telephonic solicitation of victims of an accident or disaster, for the purpose of marketing services of the healing arts related to the accident or disaster, unless:
(1)
The health care prescriber has a family or prior professional relationship with the victim; or
(2)
The solicitation is carried out more than thirty (30) days after the date of the accident or disaster.
(b)
Health care prescribers shall maintain:
(1)
Telemarketing transcripts for a period of two (2) years following their utilization; and
(2)
A log of contacts for a period of two (2) years following a telemarketing encounter.
(c)
This section does not prohibit solicitation by targeted direct-mail advertising or other forms of written, radio, or television advertising, as long as the advertising does not involve coercion, duress, or harassment and is not false, deceptive, or misleading.
(d)
(1)
Any agreement to pay a health care prescriber for services that were rendered by the health care prescriber as a direct result of a violation of this section is void and unenforceable. No person may collect or pursue collection for any debt arising from such an agreement.
(2)
A patient or person who paid on behalf of a patient is entitled to a complete refund of any money paid for services that were rendered by a health care prescriber as a direct result of a violation of this section.
(e)
The division is authorized to petition any circuit or chancery court having jurisdiction to enjoin any person who is violating this section. No injunction bond shall be required of the division in such proceedings, and jurisdiction is conferred upon the circuit and chancery courts of this state to hear such cases.
Acts 2018, ch. 638, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-131 - Director - Appointment

The commissioner of health shall appoint a director of the division of health related boards provided for in this section and §§
63-1-132
,
63-1-133
, and
68-1-101
.
Acts 1971, ch. 81, § 5; T.C.A., §§ 53-121, 68-1-601; Acts 2010 , ch. 1043, § 6.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-132 - Director - Powers and duties

(a)
The director of the division of health related boards has the power, duty, and responsibility to:
(1)
Employ all staff assigned or performing duties for the agencies attached to the division;
(2)
Promulgate rules and regulations for all administrative functions and activities of the agencies attached to the division as well as all matters that affect more than one (1) of the agencies attached to the division with the approval of the agencies affected. In cases where multiple agencies are authorized to promulgate similar rules that apply to each of the agencies, the director is authorized to hold one (1) public rulemaking hearing and promulgate a single rule or a single chapter of rules, but only after receiving prior approval of the agencies affected;
(3)
Employ, with the consent of the regulatory board concerned, all executive directors and consultants; the director may employ all other personnel necessary to carry out the function of all of the agencies attached to the division;
(4)
Maintain a central filing system for official records and documents of all agencies attached to the division;
(5)
Provide office space and necessary quarters for the agencies attached to the division;
(6)
Assign personnel to staff such agencies in order to ensure the most efficient use of personnel; and
(7)
Perform such other duties as the commissioner may prescribe, or as may be prescribed by law.
(b)
Any employment of personnel or consultants by the division shall be in accordance with the rules, regulations and standards of the departments of human resources and finance and administration.
Acts 1971, ch. 81, § 6; T.C.A., § 53-122; Acts 1985, ch. 120, § 16; T.C.A., §
68-1-602
; Acts 1994, ch. 569, § 1; 1996, ch. 659, § 1; 1996, ch. 754, § 3; 2010, ch. 1043, § 7.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-133 - Director - Member of agencies

(a)
The director of the division or the director's duly authorized representative shall be an ex officio, nonvoting member of each agency attached to this division and shall be entitled to attend all meetings of such agencies.
(b)
All agencies attached to this division shall advise the director of any meeting at which official action will be taken at least forty-eight (48) hours prior to such meeting unless the director expressly waives such requirement.
Acts 1971, ch. 81, § 7; T.C.A., §§ 53-123, 68-1-603.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-134 - Penalty for violation of statute, rule or order - Recovery

(a)
With respect to any person required to be licensed, permitted or authorized by any board, commission or agency attached to the division of health related boards, each respective board, commission or agency may assess a civil penalty against such person in an amount not to exceed one thousand dollars ($1,000) for each separate violation of a statute, rule or order pertaining to such board, commission or agency. Each day of continued violation constitutes a separate violation.
(b)
Each board, commission or agency shall by rule establish a schedule designating the minimum and maximum civil penalties that may be assessed under this section. In assessing civil penalties, the following factors may be considered:
(1)
Whether the amount imposed will be a substantial economic deterrent to the violator;
(2)
The circumstances leading to the violation;
(3)
The severity of the violation and the risk of harm to the public;
(4)
The economic benefits gained by the violator as a result of noncompliance; and
(5)
The interest of the public.
(c)
(1)
Civil penalties assessed pursuant to this section or any other section authorizing the assessment of civil penalties by any board, council or committee established in this title or title 68 that is attached to the department, unless otherwise provided by law, shall become final, due and payable on the date the order in which they are assessed becomes final pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; provided, however, that the boards, councils, committees or the department is authorized to order or enter into agreements for the payment of assessed civil penalties in installments that are due and payable beyond the date on which the assessment becomes final.
(2)
If the violator fails to pay an assessment when it becomes final or fails to pay according to the terms of an installment payment plan, the department, in addition to taking further action against the violator's license, may apply to the appropriate court for a judgment and seek execution of the judgment.
(3)
Jurisdiction for recovery of such penalties shall be in the chancery court of Davidson County or the chancery court of the county in which all or part of the violations occurred.
(d)
All sums recovered pursuant to this section shall be paid into the state treasury.
Acts 1989, ch. 389, § 2; 2007 , ch. 196, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-135 - Expenditure estimates - Improvement recommendations

(a)
(1)
Before submitting an estimate of its expenditure requirements as provided in §
9-4-5103
, the department of health shall consult with each board, commission or agency that is attached to the division of health related boards created under §
68-1-101
and is authorized or required to collect any fees.
(2)
Any such board, commission or agency shall timely submit to the commissioner of health an itemized list of any improvements recommended for inclusion in the department's expenditure estimate.
(3)
In the preparation of such estimate, the department shall clearly indicate the disposition of each improvement recommendation received under this section.
(b)
The department shall transmit with its expenditure estimate a copy of each list of recommended improvements received under this section to the commissioner of finance and administration.
Acts 1989, ch. 523, § 181.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-136 - Additional powers and duties - Assistance to impaired health practitioners

(a)
Regulatory boards, commissions and agencies attached to the division of health related boards, in addition to other enumerated powers and duties, have as their purpose assistance in the rehabilitation of impaired health practitioners who are licensed, certified or registered by the respective regulatory boards, commissions and agencies.
(b)
Regulatory boards, commissions and agencies attached to the division of health related boards, in addition to other enumerated powers and duties, have the power to enter into agreements, provide grants and make other arrangements with statewide nonprofit professional associations or their affiliated foundations to identify and assist impaired professionals who are licensed, registered or certified by the respective regulatory boards, commissions and agencies.
(c)
Regulatory boards, commissions and agencies attached to the division of health related boards have the authority to accept and designate grants, public or private financial assistance and licensure fees to fund programs authorized in subsection (b) to assist impaired professionals. The provision of such grants shall not deem recipient peer assistance programs to be the functional equivalent of the state.
(d)
All information, interviews, reports, statements, memoranda and other data furnished to a nonprofit professional association or its affiliated foundation and any findings, conclusions or recommendations resulting from the proceedings of such professional association or its affiliated foundation are privileged and confidential. The records of such proceedings of the affiliated foundation or association shall be used only in the exercise of proper functions of the regulatory board, commission or agency attached to the division of health related boards and shall not become public record nor be made available for court subpoena or discovery proceedings.
(e)
If a regulatory board, commission or agency attached to the division of health related boards determines that an association or its affiliated foundation is not providing adequate services under this section, then the board, commission or agency may contract with another nonprofit organization in order to assist impaired professionals.
(f)
Organizations that directly provide alcohol and drug treatment services or behavioral health services on an inpatient or outpatient basis for remuneration shall be prohibited from contracting with such board, commission or agency to provide a professional assistance program.
Acts 1992, ch. 541, § 1; 2003, ch. 388, §§ 1, 3.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-137 - Funds - Deposits and disbursements

(a)
Notwithstanding any provision of law to the contrary, all moneys other than the state regulatory fee as provided for in §
9-4-5117
collected by any board attached to the division of health related boards shall be deposited in the state general fund and credited to a separate account for each such board.
(b)
Disbursements from such accounts shall be made solely for the purpose of defraying expenses incurred in the implementation and enforcement of the board's area of regulation, including defraying costs to implement the Health Care Consumer Right-to-Know Act of 1998, compiled in chapter 51 of this title.
(c)
No such expenses shall be paid from any other state funds other than provided for in §
9-4-5117
.
(d)
Funds remaining in board accounts at the end of any fiscal year shall not revert to the general fund but shall remain available for expenditure in accordance with law.
Acts 1992, ch. 830, § 1; 1995, ch. 446, § 3; 1999, ch. 373, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-138 - Screening panels

(a)
The division and each board, committee or council established in this title that does not already have authority to utilize screening panels and the medical laboratory board, the board of alcohol and drug counselors and the Tennessee emergency medical services board as established in title 68 may utilize one (1) or more screening panels in their investigative and disciplinary process to assure that complaints filed and investigations conducted are meritorious and to act as a mechanism for diversion to professional peer review organizations and/or impaired professionals associations or foundations of those cases that the boards, through established guidelines, deem appropriate.
(b)
The activities of the screening panels and any mediation or arbitration sessions shall not be construed as meetings of an agency for purposes of the open meetings law, compiled in title 8, chapter 44, and shall remain confidential. The members of the screening panels, mediators and arbitrators have a deliberative privilege and the same immunity as provided by law for the boards and are not subject to deposition or subpoena to testify regarding any matter or issue raised in any contested case, criminal prosecution or civil lawsuit that may result from or be incident to cases processed before them.
(c)
The screening panel has the authority to administer oaths to witnesses. Any documents or records produced at the screening panel shall be exempt from the public records law, compiled in title 10, chapter 7, until there is a filing of a notice of charges and such documents or records form the basis for such filing of a notice of charges.
(d)
Members of a screening panel may be drawn from among the membership of the relevant board, or members may be appointed by the relevant board. Nonboard members shall meet the requirements of membership for the relevant board and may include a consumer member. A board member serving on a panel shall not participate in a contested case involving any matter heard by the panel.
(e)
Each screening panel shall be instructed as to the statutes, rules, regulations and philosophies of the relevant board as it pertains to disciplinary action and to the procedures to be followed by the panels. Each screening panel shall be provided a copy of Rule 31 of the Rules of the Tennessee Supreme Court for review by members of the screening panel for general guidance as to the principles of mediation and alternative dispute resolution.
(f)
A board does not have authority to compel any party to participate in a screening panel, and no prejudice will be incurred if the party chooses not to participate or to accept the offer of the screening panel.
Acts 2001, ch. 322, § 1; 2005, ch. 234, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-140 - State citizenship of all board members

All members of any board, commission or council that licenses, certifies or regulates any profession or occupation shall, during the time of their respective appointments, be citizens of this state. The appointment of any member of any board, commission or council that licenses or certifies any profession or occupation shall terminate when Tennessee is no longer the domicile of such member.
Acts 1998, ch. 1088, § 4.