reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 29 - MIDWIFERY (§§ 63-29-101 — 63-29-116) › Section 63-29-109 - Title - Term of initial certificate - Renewal - Denial of applications - Third party payment

(a)
A midwife who is certified under the standard found in §
63-29-108
may use the initials "CPM-TN."
(b)
An initial certificate is available for no more than a two-year period.
(c)
The certificate is renewable pursuant to the division of health related boards' biennial birthdates renewal system.
(d)
Renewal is available to the CPM who maintains current certification from NARM by complying with the continuing education requirement applicable to the CPM.
(e)
Renewal is available to the CPM-TN whose certification from NARM remains in good standing and who has current CPR certification.
(f)
The board may deny an application for certification only if the applicant is not in compliance with the standards in this chapter.
(g)
A CPM-TN may receive third party payment from private agencies that provide coverage for maternity and obstetrical care. No managed care organization or insurance company shall require a patient to be served by a CPM-TN instead of a medical doctor or a nurse practitioner.
Acts 2000, ch. 576, § 10; 2006, ch. 568, § 4.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 29 - MIDWIFERY (§§ 63-29-101 — 63-29-116) › Section 63-29-110 - Status

Any CPM who is not practicing midwifery in Tennessee may be placed in inactive status by requesting such status in writing and submitting it to the council. Active status may be renewable by requesting a change of status from inactive to active in writing to the council and by fulfilling the requirements for renewal set forth in this chapter.
Acts 2000, ch. 576, § 11.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 29 - MIDWIFERY (§§ 63-29-101 — 63-29-116) › Section 63-29-111 - Reapplication after expiration of certificate

Any CPM who does not seek inactive status and allows the certificate to expire after a sixty-day grace period must apply for a new certificate as prescribed in this chapter.
Acts 2000, ch. 576, § 12.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 29 - MIDWIFERY (§§ 63-29-101 — 63-29-116) › Section 63-29-112 - Fees

The application and renewal fees are to be set by the commissioner of health and shall not be less than that sum necessary to permit the council to recover its costs of operation.
Acts 2000, ch. 576, § 13.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 29 - MIDWIFERY (§§ 63-29-101 — 63-29-116) › Section 63-29-113 - Display of certificate

The certificate shall be displayed at all times in a conspicuous place where the CPM-TN is practicing, when applicable.
Acts 2000, ch. 576, § 14.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 29 - MIDWIFERY (§§ 63-29-101 — 63-29-116) › Section 63-29-114 - Revocation or suspension of license - Appeals

(a)
(1)
A CPM-TN's license may be revoked or suspended for any of the grounds set forth in subdivision (a)(2), or for failing to follow the standards set forth in this section. Such action may occur only after investigations by the department. Any action on the certification shall be made by the council, subject to approval by the board.
(2)
The board has the power to deny, revoke or suspend any certificate or to otherwise discipline a certificate holder upon proof that the person:
(A)
Is guilty of fraud or deceit in procuring or attempting to procure a certificate to practice midwifery;
(B)
Is guilty of a crime;
(C)
Is unfit or incompetent by reason of negligence, habits or other cause;
(D)
Is addicted to alcohol or drugs to the degree of interfering with midwifery duties;
(E)
Is mentally incompetent;
(F)
Is guilty of unprofessional conduct; or
(G)
Has violated or attempted to violate, directly or indirectly, or assisted in or abetted the violation of, or conspired to violate, any provision of this chapter or any lawful order of the board issued pursuant thereto.
(b)
Any contested case hearing held pursuant to this section shall be conducted in compliance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2000, ch. 576, § 15; 2006, ch. 568, § 5.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 29 - MIDWIFERY (§§ 63-29-101 — 63-29-116) › Section 63-29-115 - Responsibilities of midwife

(a)
The CPM-TN may provide care for the low-risk client who is expected to have a normal pregnancy, labor, birth and postpartal phase in the setting of the mother's choice. The CPM-TN shall form a collaborative care plan with a physician for all clients.
(b)
The CPM-TN shall ensure that the client has signed an informed consent form. This form shall include information to inform the client of the qualifications of the CPM-TN.
(c)
For screening purposes only, the CPM-TN may order routine antepartal and postpartal laboratory analysis to be performed by a licensed laboratory. Abnormal findings would require a consultation with a physician.
(d)
The CPM-TN shall develop an emergency plan that shall be signed by the client and placed in the client chart at the initial visit. The emergency plan shall include documentation of the initial consultation with the physician previously referenced in subsection (a). The documentation shall also include referral and transfer plans for the patient in the event of an emergency. A copy of the plan shall be sent to the named physicians.
(e)
The CPM-TN shall determine the progress of labor and, when birth is imminent, shall be available until delivery is accomplished.
(f)
The CPM-TN shall remain with the postpartal mother during the postpartal period until the conditions of the mother and newborn are stabilized.
(g)
The CPM-TN shall instruct the parents regarding the requirements of §
68-5-202
.
(h)
The CPM-TN shall instruct the parents regarding the requirement of §
68-5-401
.
(i)
The CPM-TN shall maintain a birth certificate for each birth in accordance with the requirements of title 68. A copy of the birth certificate shall be filed with the department.
(j)
The CPM-TN shall practice in compliance with the rules and regulations promulgated pursuant to this chapter.
Acts 2000, ch. 576, § 16; 2001, ch. 287, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 29 - MIDWIFERY (§§ 63-29-101 — 63-29-116) › Section 63-29-116 - Rules and regulations

The board and department, with assistance and advice from the council, are authorized to promulgate rules and regulations to effectuate the purposes of this chapter. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2000, ch. 576, § 17.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 30 - REFLEXOLOGY PRACTITIONERS REGISTRATION ACT OF 2001 (§§ 63-30-101 — 63-30-113) › Section 63-30-101 - Short title

This chapter shall be known and may be cited as the "Reflexology Practitioners Registration Act of 2001."
Acts 2001, ch. 389, § 2.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 30 - REFLEXOLOGY PRACTITIONERS REGISTRATION ACT OF 2001 (§§ 63-30-101 — 63-30-113) › Section 63-30-102 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Certification" means completion of a two hundred (200) hour reflexology only course offered by an institution approved by the Tennessee higher education commission or its equivalent in other states;
(2)
"Client" means any person who engages the services of a reflexology practitioner;
(3)
"Commissioner" means the commissioner of health or the commissioner's designee;
(4)
"Department" means the department of health;
(5)
"Division" means the division of health-related boards in the department of health;
(6)
"Reflexology" means the application of specific pressures to reflex points in the hands and feet only;
(7)
"Reflexology practitioner" or "reflexologist" means any person who engages in the practice of reflexology for compensation and who has completed a study of the principles of reflexology, anatomy and physiology generally included in a regular course of study of reflexology; and
(8)
"Registration" means satisfying the requirements for registration by the department of health.
Acts 2001, ch. 389, § 3; 2004, ch. 465, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 30 - REFLEXOLOGY PRACTITIONERS REGISTRATION ACT OF 2001 (§§ 63-30-101 — 63-30-113) › Section 63-30-103 - Registration

(a)
No person shall engage in the practice of reflexology unless such person has registered with the division of health-related boards.
(b)
No person shall be registered to practice reflexology unless such person completes all necessary application forms and can demonstrate to the satisfaction of the division that such person complies with the criteria specified in this chapter.
(c)
Any person who desires registration as a certified reflexologist shall submit an application to the division on the prescribed forms. The application shall be accompanied by:
(1)
Documentation of completion of a two hundred (200) hour reflexology only course offered by an institution approved by the Tennessee higher education commission or its equivalent in other states;
(2)
Proof that the applicant has attained eighteen (18) years of age;
(3)
Two (2) character references stating that the applicant is of good moral character;
(4)
A statement certifying that the applicant has not been convicted of a felony under the laws of this state or any other state for the commission of an offense that bears directly on the applicant's fitness to practice competently, as determined by the division. However, such determination shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 1, part 1 of this title; and
(5)
All required fees.
Amended by 2018 Tenn. Acts, ch. 745, s 43, eff. 7/1/2018.
Amended by 2016 Tenn. Acts, ch. 719, s 7, eff. 4/6/2016.
Acts 2001, ch. 389, § 4; 2004, ch. 465, §§ 2, 3.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 30 - REFLEXOLOGY PRACTITIONERS REGISTRATION ACT OF 2001 (§§ 63-30-101 — 63-30-113) › Section 63-30-105 - Application

This chapter shall not apply to the activities or services of physicians, chiropractors, physical therapists, occupational therapists, athletic trainers, cosmetologists, registered nurses, massage therapists, or members of other professions licensed, certified, or registered by the state who may, on occasion, apply pressure to specific reflex points in the hands and feet in the course of their work.
Acts 2001, ch. 389, § 6.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 30 - REFLEXOLOGY PRACTITIONERS REGISTRATION ACT OF 2001 (§§ 63-30-101 — 63-30-113) › Section 63-30-106 - Registration of applicants from another state

The division shall register an individual from another state who applies for registration, pays the applicable fees, meets or exceeds the requirements established by this chapter, and who has no imposed or pending disciplinary actions in any state.
Acts 2001, ch. 389, § 7.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 30 - REFLEXOLOGY PRACTITIONERS REGISTRATION ACT OF 2001 (§§ 63-30-101 — 63-30-113) › Section 63-30-107 - Use of title

Reflexologists registered by the state may hold themselves out as "registered certified reflexologists" and may use the title or the initials "RCR" following the person's name in connection with the profession. No person may use the title "registered certified reflexologist" or the initials "RCR" unless registered in accordance with this chapter.
Acts 2001, ch. 389, § 8.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 30 - REFLEXOLOGY PRACTITIONERS REGISTRATION ACT OF 2001 (§§ 63-30-101 — 63-30-113) › Section 63-30-108 - Unauthorized practice - Violations - Penalties

(a)
Except as provided in subsection (b), any person who advertises or engages in reflexology for compensation without registering with the division pursuant to this chapter commits a Class C misdemeanor, punishable by a fine only. It is unlawful to use the word "reflexology" or any other term that implies reflexology technique or method when advertising a service by a person who is not registered under this chapter.
(b)
This section shall not apply to licensed massage therapists who use reflexology techniques or methods or who advertise reflexology as a service offered to massage therapy clients.
(c)
The division may, when it deems appropriate, seek such civil remedies at law or equity to restrain or enjoin any unauthorized practice or other violation of this chapter.
Acts 2001, ch. 389, § 9; 2002, ch. 637, §§ 1, 2.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 30 - REFLEXOLOGY PRACTITIONERS REGISTRATION ACT OF 2001 (§§ 63-30-101 — 63-30-113) › Section 63-30-109 - Prohibited practices

(a)
A registered reflexologist may not use invasive procedures during the practice of reflexology.
(b)
A registered reflexologist may not diagnose or treat for specific diseases, practice spinal or other joint manipulations, prescribe, administer, or adjust medication, or prescribe or administer vitamins.
Acts 2001, ch. 389, § 10.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 30 - REFLEXOLOGY PRACTITIONERS REGISTRATION ACT OF 2001 (§§ 63-30-101 — 63-30-113) › Section 63-30-110 - Fees for registration - Renewal

Fees for the registration of a certified reflexologist shall be determined by the division but shall not exceed the costs of investigations, disciplinary actions and administering the registration process for certified reflexologists. Registration shall be valid for two (2) years and shall be renewed biennially.
Acts 2001, ch. 389, § 11.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 30 - REFLEXOLOGY PRACTITIONERS REGISTRATION ACT OF 2001 (§§ 63-30-101 — 63-30-113) › Section 63-30-111 - Revocation or suspension of registration - Civil penalties - Complaints

(a)
The registration of a certified reflexologist may be revoked or suspended by the division or the division may impose a civil penalty upon a finding that the person is guilty of any one (1) or more of the following:
(1)
The practitioner is guilty of gross health care liability or incompetence;
(2)
The practitioner's mental or physical health endangers public health or safety;
(3)
The practitioner is guilty of false or deceptive advertising;
(4)
The practitioner engages in unprofessional conduct;
(5)
The practitioner falsifies any requirements for registration as set forth;
(6)
The practitioner is convicted of a felony for the commission of an offense that bears directly on the practitioner's fitness to practice competently, as determined by the division;
(7)
The practitioner is subject to disciplinary action in another state; or
(8)
The unauthorized practice of reflexology.
(b)
Any person may file with the department of health's office of investigations a written complaint against a registered reflexologist for any violation of this chapter.
(c)
Complaints alleging violations of this chapter, or any rule duly promulgated pursuant to §
63-30-112
, shall be filed with the division, and shall be resolved by the division in accordance with this chapter and the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. A file shall be maintained on each such complaint filed with the division and shall reflect all activities taken by the division in response to such complaint.
(d)
An action taken under this section shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 1, part 1 of this title.
Amended by 2018 Tenn. Acts, ch. 745, s 44, eff. 7/1/2018.
Amended by 2016 Tenn. Acts, ch. 719, s 8, eff. 4/6/2016.
Acts 2001, ch. 389, §12; 2012 , ch. 798, § 50.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 30 - REFLEXOLOGY PRACTITIONERS REGISTRATION ACT OF 2001 (§§ 63-30-101 — 63-30-113) › Section 63-30-112 - Rules and regulations

The commissioner or the commissioner's designee may promulgate rules and regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to administer this chapter.
Acts 2001, ch. 389, § 13.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 30 - REFLEXOLOGY PRACTITIONERS REGISTRATION ACT OF 2001 (§§ 63-30-101 — 63-30-113) › Section 63-30-113 - [Repealed]

Repealed by 2024 Tenn. Acts, ch. 944,s 9, eff. 7/1/2024.
Acts 2001, ch. 389, § 14.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 31 - POLYSOMNOGRAPHY (§§ 63-31-101 — 63-31-114) › Section 63-31-102 - Interpretation of chapter - Application

(a)
Nothing in this chapter shall be interpreted to limit or restrict a health care practitioner licensed under this title from engaging in the full scope of practice of the person's profession.
(b)
Nothing in this chapter shall apply to diagnostic electroencephalograms conducted in accordance with the guidelines of the American Clinical Neurophysiology Society.
Acts 2007 , ch. 469, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 31 - POLYSOMNOGRAPHY (§§ 63-31-101 — 63-31-114) › Section 63-31-104 - Powers of the committee

The committee shall have the power to:
(1)
Promulgate, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, all rules that are necessary for the implementation and administration of this chapter;
(2)
Establish the fees to be paid for temporary permits and for initial licensure, renewal or reinstatement of a license, late renewal of a license, and replacement of a lost license, at a level that is adequate to pay all the expenses of implementing and administering this chapter, in accordance with §
63-1-137
;
(3)
Review and approve or reject the application of each person who applies for licensure as a polysomnographic technologist;
(4)
Biennially review and approve or reject each application for license renewal;
(5)
Issue, in the board's name, all temporary permits and all approved licenses and renewal of licenses;
(6)
Collect or receive all fees, fines, and money owed pursuant to this chapter and pay the fees, fines and money into the general fund of the state;
(7)
Deny, suspend, revoke, restrict, or impose one (1) or more conditions on a license, as the committee deems necessary or appropriate at the time a license is issued, renewed, or reinstated, or as a sanction imposed at the conclusion of a disciplinary hearing;
(8)
[deleted by 2024 amendment];
(9)
Develop a code of ethics for the practice of polysomnography in this state;
(10)
Develop standards of care for the practice of polysomnography in this state;
(11)
Develop standards for the educational and clinical training of polysomnographic technologists, including the evaluation of the accreditation status of educational programs in polysomnography;
(12)
Develop criteria for the evaluation of applications for licensure submitted by registered polysomnographic technologists who are licensed in other states;
(13)
Develop continuing education requirements that shall be met by licensed polysomnographic technologists; and
(14)
Conduct disciplinary hearings in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and impose whatever sanctions the committee deems appropriate on an applicant or licensee.
Amended by 2024 Tenn. Acts, ch. 944,s 10, eff. 7/1/2024.
Acts 2007 , ch. 469, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 31 - POLYSOMNOGRAPHY (§§ 63-31-101 — 63-31-114) › Section 63-31-105 - Board approval of committee actions

All actions of the committee shall be approved by the board in order to become final actions. All actions of the committee shall be considered by the board at its next regular meeting after the committee has taken its actions.
Acts 2007 , ch. 469, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 31 - POLYSOMNOGRAPHY (§§ 63-31-101 — 63-31-114) › Section 63-31-106 - Licensing requirement

(a)
(1)
On and after July 1, 2010, any person who is engaged in the practice of polysomnography shall be licensed as provided in this chapter. It shall be unlawful for any person to engage in the practice of polysomnography after July 1, 2010, unless the person has been duly licensed as a polysomnographic technologist under this chapter.
(2)
Prior to July 1, 2010, any person who is engaged in the practice of polysomnography without being licensed under this chapter shall not be deemed to be in violation of this chapter or the Respiratory Care Practitioner Act, compiled in chapter 27 of this title.
(b)
A person seeking licensure as a polysomnographic technologist shall be of good moral character, shall be at least eighteen (18) years of age, shall pay the fees established by the board for licensure, and shall present proof that the person meets all of the following requirements:
(1)
Meet one (1) of the following educational requirements:
(A)
Graduation from a polysomnographic educational program that is accredited by the Commission on Accreditation of Allied Health Education Programs;
(B)
Graduation from a respiratory care educational program that is accredited by the Commission on Accreditation of Allied Health Education Programs and completion of the curriculum for a polysomnography certificate established and accredited by the Committee on Accreditation for Respiratory Care of the Commission on Accreditation of Allied Health Education Programs;
(C)
Graduation from an electroneurodiagnostic technologist educational program with a polysomnographic technology track that is accredited by the Commission on Accreditation of Allied Health Education Programs; or
(D)
Successful completion of an accredited sleep technologist educational program (A-STEP) that is accredited by the American Academy of Sleep Medicine;
(2)
Pass the national certifying examination given by the board of registered polysomnographic technologists;
(3)
Be credentialed by the board of registered polysomnographic technologists; and
(4)
Meet any additional educational or clinical requirements established by the committee.
(c)
Any person who is engaged in the practice of polysomnography on July 1, 2007, shall be eligible for licensure under this chapter without meeting the educational requirement of subdivision (b)(1); provided, that the person meets the requirements of subdivisions (b)(2)-(4).
(d)
To be eligible for renewal of a license to engage in the practice of polysomnography, a polysomnographic technologist shall continue to be credentialed by the board of registered polysomnographic technologists.
Amended by 2024 Tenn. Acts, ch. 736,s 1, eff. 7/1/2024.
Acts 2007 , ch. 469, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 31 - POLYSOMNOGRAPHY (§§ 63-31-101 — 63-31-114) › Section 63-31-108 - Issuance, renewal and retirement of licenses - Display of license - Lost license - Change of address or name

(a)
Licenses shall be issued and renewed by the board pursuant to the biennial issuance and renewal system of the division of health related boards.
(b)
Any person who has been issued a license to practice under this chapter who wishes to retire that license shall file with the committee an affidavit on a form to be furnished by the committee stating the date on which the person retired from practice and other facts that verify the retirement as the board deems necessary. Any such person who thereafter wishes to reenter practice shall request reinstatement of licensure.
(c)
Any license issued by the board shall contain the name of the person to whom it is issued, the address of the person, the date and number of the license and other information that the board deems necessary. The address contained on the license shall be the address where all correspondence and renewal forms from the board shall be sent. Any person whose address changes shall, within thirty (30) days after the change in address, notify the board of the address change. The most recent address contained in the board's records for each license holder shall be the address deemed sufficient for purposes of service of process.
(d)
Every person issued a license pursuant to this chapter shall either keep the license prominently displayed in the office or place in which the person practices or have it stored in a place from which it can be immediately produced upon request of a patient or representative of the department of health.
(e)
Any person whose license has been lost may make application to the committee for a replacement. The application shall be accompanied by an affidavit setting out the facts concerning the loss of the original license.
(f)
Any person whose name is changed by marriage or court order may surrender the person's license and apply to the board for a replacement license.
Acts 2007 , ch. 469, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 31 - POLYSOMNOGRAPHY (§§ 63-31-101 — 63-31-114) › Section 63-31-110 - Violation

Any person who engages in the practice of polysomnography in violation of this chapter is guilty of a Class B misdemeanor.
Acts 2007 , ch. 469, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 31 - POLYSOMNOGRAPHY (§§ 63-31-101 — 63-31-114) › Section 63-31-111 - Injunction against unlicensed practice - Jurisdiction of court

(a)
The board shall have the authority to petition any circuit or chancery court having jurisdiction over any person who is practicing without a license, or to whom a license has been denied, or whose license has been suspended or revoked by action of the board, to enjoin the person from continuing to practice within this state.
(b)
Jurisdiction is conferred upon the circuit and chancery courts of this state to hear and determine all causes brought under subsection (a) and to exercise full and complete jurisdiction in the injunctive proceedings.
Acts 2007 , ch. 469, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 31 - POLYSOMNOGRAPHY (§§ 63-31-101 — 63-31-114) › Section 63-31-112 - Screening panel for investigative and disciplinary process

(a)
The committee may utilize one (1) or more screening panels in its investigative and disciplinary process to assure that complaints filed and investigations conducted are meritorious and to act as a mechanism for resolution of complaints or diversion to professional peer review organizations or impaired professionals' associations or foundations of those cases that the board, through established guidelines, deems appropriate.
(b)
The screening panel has the authority to administer oaths to witnesses.
(c)
Members of a screening panel may be drawn from the membership of the committee or may be appointed by the committee. Noncommittee members shall meet the requirements of membership on the committee and may include a consumer member. A committee member serving on a panel shall not participate in a contested case involving any matter heard by the panel.
Acts 2007 , ch. 469, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 31 - POLYSOMNOGRAPHY (§§ 63-31-101 — 63-31-114) › Section 63-31-113 - Use of title "polysomnographic technologist" or abbreviation "PSGP"

Any person who is licensed to engage in the practice of polysomnography in this state shall have the right to use the title "polysomnographic technologist" or the abbreviation "PSGP." No other person may use that title or abbreviation or any other words or letters indicating that the person is a polysomnographic technologist.
Acts 2007 , ch. 469, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 31 - POLYSOMNOGRAPHY (§§ 63-31-101 — 63-31-114) › Section 63-31-114 - Annual meeting of standards committee

The polysomnographic professional standards committee shall conduct at least one (1) meeting in each of the years 2007-2010 to allow public discussion of new developments in the practice of polysomnography, including, but not limited to, the availability of accredited polysomnographic educational programs to persons in all parts of the state, the availability of other certification examinations and credentialing bodies, and the settings in which the practice of polysomnography may properly take place. The committee shall notify the Tennessee Sleep Society, the Tennessee Society for Respiratory Care, the Tennessee Medical Association, the Tennessee Hospital Association (THA), an association of hospitals and health systems, and any other person or organization that requests to be notified as to the time and place of the annual meeting.
Acts 2007 , ch. 469, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 32 - HEALTH CARE CONSUMER RIGHT-TO-KNOW ACT OF 1998 (§§ 63-32-101 — 63-32-119) › Section 63-32-101 - Short title

The title of this chapter is and may be cited as the "Health Care Consumer Right-to-Know Act of 1998."
Acts 1998, ch. 1073, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 32 - HEALTH CARE CONSUMER RIGHT-TO-KNOW ACT OF 1998 (§§ 63-32-101 — 63-32-119) › Section 63-32-102 - Health care consumers

(a)
Health care is a valuable commodity, and the health care consumer needs to make informed decisions when making health care choices. Due to the current trends in health care, patients have a close relationship with their health care provider and must depend on the provider for most of their health care needs. Health care consumers need to know as much as possible before committing their health care to such provider. Likewise current trends make decisions about which managed care organizations to choose equally important to health care consumers. Because of the foregoing reasons and because of the increasing concerns over the quality of health care, the general assembly finds that a system should be established to provide public access to information about certain health care providers and managed care organizations in this state.
(b)
For the purposes of this chapter, "provider" or "health care provider" means a physician, regulated pursuant to chapter 6 of this title; osteopathic physician, regulated pursuant to chapter 9 of this title; chiropractor, regulated pursuant to chapter 4 of this title; dentist, regulated pursuant to chapter 5 of this title; podiatrist, regulated pursuant to chapter 3 of this title; optometrist, regulated pursuant to chapter 8 of this title; dietitian or nutritionist, regulated pursuant to chapter 25 of this title; physician assistant, regulated pursuant to chapter 19 of this title; respiratory care practitioner, regulated pursuant to chapter 27 of this title; pharmacist, regulated pursuant to chapter 10 of this title; audiologist and speech pathology therapist, regulated pursuant to chapter 17 of this title; certified nurse practitioner, as such nurses are regulated pursuant to §
63-7-123
; registered nurse anesthetist, regulated pursuant to chapter 7 of this title; social worker regulated pursuant to chapter 23 of this title; psychologist, regulated pursuant to chapter 11 of this title; professional counselor, marital and family therapist, and clinical pastoral therapist regulated pursuant to chapter 22 of this title; massage therapist, regulated pursuant to chapter 18 of this title; medical laboratory personnel, regulated pursuant to title 68, chapter 29; alcohol and drug abuse counselors, regulated pursuant to title 68, chapter 24; occupational therapist and physical therapist regulated pursuant to chapter 13 of this title; dispensing optician, regulated pursuant to chapter 14 of this title; electrologist, regulated pursuant to chapter 26 of this title; veterinarian, regulated by chapter 12 of this title; and nursing home administrator, regulated pursuant to chapter 16 of this title.
Acts 1998, ch. 1073, § 2; 1999, ch. 373, § 3; 2000, ch. 912, §1; 2003 , ch. 272, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 32 - HEALTH CARE CONSUMER RIGHT-TO-KNOW ACT OF 1998 (§§ 63-32-101 — 63-32-119) › Section 63-32-103 - Duties of division of health related boards

It is the duty of the division of health related boards to compile, consolidate, manage and disseminate the information collected by entities of the department of health and the department of commerce and insurance as required by this chapter.
Acts 1998, ch. 1073, § 3.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 32 - HEALTH CARE CONSUMER RIGHT-TO-KNOW ACT OF 1998 (§§ 63-32-101 — 63-32-119) › Section 63-32-104 - Requirements

(a)
When collecting information or compiling reports intended to compare individual health care providers, the commissioner of health shall require that:
(1)
Provider organizations that are representative of the target group for profiling shall be meaningfully involved in the development of all aspects of the profile methodology, including collection methods, formatting and methods and means for release and dissemination;
(2)
The entire methodology for collecting and analyzing the data shall be disclosed to all relevant provider organizations and to all providers under review;
(3)
Data collection and analytical methodologies shall be used that meet accepted standards of validity and reliability;
(4)
The limitations of the data sources and analytic methodologies used to develop provider profiles shall be clearly identified and acknowledged, including, but not limited to, the appropriate and inappropriate uses of the data;
(5)
To the greatest extent possible, provider-profiling initiatives shall use standard-based norms derived from widely accepted, provider-developed practice guidelines;
(6)
Provider profiles and other information that have been compiled regarding provider performance shall be shared with providers under review prior to dissemination; provided, that an opportunity for corrections and additions of helpful explanatory comments shall be provided prior to publication; and provided, further, that such profiles shall only include data that reflect care under the control of the provider for whom such profile is prepared;
(7)
Comparisons among provider profiles shall adjust for patient care-mix and other relevant risk factors and control for provider peer groups, when deemed appropriate by the respective board; and
(8)
The quality and accuracy of provider profiles, data sources and methodologies shall be evaluated at least biannually.
(b)
The department of health is authorized to charge a reasonable fee for any information, documents, or reports requested by the public that are not required as part of the implementation of this chapter. The fee shall be set per rules and regulations promulgated by the department in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1998, ch. 1073, § 4.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 32 - HEALTH CARE CONSUMER RIGHT-TO-KNOW ACT OF 1998 (§§ 63-32-101 — 63-32-119) › Section 63-32-106 - Conviction of unlicensed provider-Report to relevant board

The district attorney general for any court in which an unlicensed provider is convicted of being represented as a licensed provider shall, within one (1) week thereafter, report the same to the relevant board together with a copy of the court proceedings in the case.
Acts 1998, ch. 1073, § 6.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 32 - HEALTH CARE CONSUMER RIGHT-TO-KNOW ACT OF 1998 (§§ 63-32-101 — 63-32-119) › Section 63-32-107 - Publication of provider profiles - Certain restrictions

The department of health, in implementing §
63-32-105
shall not disseminate a provider profile by electronic media, including the World Wide Web of the internet or toll-free telephone line before May 1, 1999. The department shall conduct a study of the impact of publication of provider profiles by electronic media on the personal safety of providers and their families, and shall report its findings to the government operations committees on or before October 1, 1998. The department shall include in such report a sample profile designed with safeguards recommended by the department pursuant to the aforementioned study. No later than January 1, 1999, and after public hearing, the board shall promulgate regulations to eliminate, to the extent practicable, the possibility that certain information contained in such profiles may jeopardize the personal safety of providers and their families.
Acts 1998, ch. 1073, § 7.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 32 - HEALTH CARE CONSUMER RIGHT-TO-KNOW ACT OF 1998 (§§ 63-32-101 — 63-32-119) › Section 63-32-108 - Assessment of costs

The department of health shall assess boards of providers that they regulate for the costs reasonably associated with providing the services and information pursuant to this chapter. Further, the department shall provide the cost to the department of commerce and insurance that is associated with providing the services and information relative to the board of pharmacy and managed care organizations. The department of commerce and insurance shall assess the cost to the providers that the department regulates. These costs shall be assessed in compliance with §
9-4-5117
and §
56-1-310
.
Acts 1998, ch. 1073, § 8.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 32 - HEALTH CARE CONSUMER RIGHT-TO-KNOW ACT OF 1998 (§§ 63-32-101 — 63-32-119) › Section 63-32-109 - Costs assessed against boards

The costs assessed against each board of providers shall be paid from the separate account established pursuant to §
63-1-137
in the general fund for each board.
Acts 1998, ch. 1073, § 9; 1999, ch. 373, § 2.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 32 - HEALTH CARE CONSUMER RIGHT-TO-KNOW ACT OF 1998 (§§ 63-32-101 — 63-32-119) › Section 63-32-110 - Managed care organizations

(a)
Managed care organizations regulated pursuant to title 56, chapter 32, shall provide an accurate listing of provider information as required by this chapter to the department of health.
(b)
A managed care organization shall report any addition or deletion of a provider from its panel of contracted members within twenty-one (21) business days of the date on which the managed care organization receives notice of the addition or deletion of a provider. The department shall cross-reference the change with the existing provider profile within seven (7) days of receipt of the information.
(c)
The department of commerce and insurance, to the extent to which it already collects the data required by this chapter, shall forward the existing data and all subsequent data to the department in such manner as the commissioner of health shall direct after consultation with the commissioner of commerce and insurance.
Acts 1998, ch. 1073, § 10.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 32 - HEALTH CARE CONSUMER RIGHT-TO-KNOW ACT OF 1998 (§§ 63-32-101 — 63-32-119) › Section 63-32-111 - Annual report and provider profiles - Availability

(a)
The annual report required by [former] §
56-32-110(b)(4)
[repealed], and information required for a profile by this section shall be made available to consumers by the department of health through the World Wide Web of the internet or a toll-free telephone line. Such information shall be made available by May 1, 1999, and shall be updated by May 1 of each succeeding year.
(b)
The information made available by the department pursuant to subsection (a) shall be based on reports filed with the department of commerce and insurance pursuant to [former] §
56-32-110
[repealed], and shall include, to the extent practicable, the following:
(1)
A description of the grievance review system;
(2)
The total number of grievances handled through such grievance review system, and a compilation of the causes underlying the grievances filed;
(3)
The ratio of the number of adverse decisions issued to the number of grievances received;
(4)
The ratio of the number of successful grievance appeals to the total number of appeals;
(5)
The average of:
(A)
The number of enrollees at the beginning of the calendar year; and
(B)
The number of enrollees at the end of the calendar year; and
(6)
The number, amount and disposition of health care liability claims made by enrollees that resulted in settlements, court judgments and arbitration awards by the plans during the calendar year.
(c)
For each year the reports are filed, the information described in subdivisions (b)(2)-(6) shall be shown for a period of five (5) consecutive calendar years. The information for more than five (5) calendar years shall not be required.
(d)
The profile of managed care organizations regulated pursuant to title 56, chapter 32, maintained by the department shall include:
(1)
The number of years in existence;
(2)
A summary of the financial information, including profits or losses, as reported by the plan in its annual statement filed with the commissioner of commerce and insurance;
(3)
The geographic plan area for which the plan is authorized;
(4)
The composition of the provider network, including names, addresses and specialties of providers;
(5)
Identification of those providers that have notified the plan that they are not accepting new patients;
(6)
Measures of quality and consumer satisfaction if the commissioner of health determines by rule that such measures are valid and comparable among organizations;
(7)
The certification and accreditation status of the organization, if any;
(8)
Procedures governing access to specialists and emergency care services; and
(9)
The information voluntarily submitted by the managed care organization to the commissioner relative to consumer satisfaction and quality standards or measures.
Acts 1998, ch. 1073, §11; 2012 , ch. 798, § 54.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 32 - HEALTH CARE CONSUMER RIGHT-TO-KNOW ACT OF 1998 (§§ 63-32-101 — 63-32-119) › Section 63-32-112 - Hospitals

(a)
Hospitals regulated pursuant to title 68, chapter 11, shall provide an accurate listing of information as required by this act to the department of health.
(b)
The information that the department shall disseminate shall include, but not be limited to:
(1)
The corporate form of the facility, including whether the facility is publicly or privately owned, whether the facility is not-for-profit or for-profit, the nature of the ownership and management, and its affiliations with other corporate entities;
(2)
Health care plans accepted by the hospital;
(3)
Accreditation status; and
(4)
The specialty programs that meet the guidelines established by the specialty societies or other appropriate bodies as determined by the commissioner.
Acts 1998, ch. 1073, § 12.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 32 - HEALTH CARE CONSUMER RIGHT-TO-KNOW ACT OF 1998 (§§ 63-32-101 — 63-32-119) › Section 63-32-113 - Intentional misrepresentations

A provider who makes an intentional misrepresentation when providing information to the department of health that the department uses in a provider profile commits a violation of the practice act under which the provider is licensed or certified.
Acts 1998, ch. 1073, § 13.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 32 - HEALTH CARE CONSUMER RIGHT-TO-KNOW ACT OF 1998 (§§ 63-32-101 — 63-32-119) › Section 63-32-114 - Development of system for collection and dissemination of information

(a)
The initial development of a system for the collection and dissemination of information as provided under this chapter shall be contracted to an appropriate service provider by the department under compliance with title 12, chapters 3 and 4. The cost of such contract shall be paid from fees collected from providers regulated by the division of health related boards.
(b)
In disseminating information under this chapter, the department of health is directed to use the department's existing toll-free telephone resources. The creation of an additional toll-free telephone line is not required by this chapter.
Acts 1998, ch. 1073, § 14.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 32 - HEALTH CARE CONSUMER RIGHT-TO-KNOW ACT OF 1998 (§§ 63-32-101 — 63-32-119) › Section 63-32-115 - Compiling and dissemination of information - Liability of the department of health

(a)
Under this chapter, the department of health only compiles information. The department shall not vouch for or assert the accuracy of any information it disseminates under this chapter. Before the department disseminates information to consumers under this chapter, the department shall permit each provider, hospital, or managed care organization, whose information is to be disseminated, the opportunity to review and correct any information the department proposes to disseminate. The department shall also allow a collaborating physician at any time the opportunity to review, accept, and update the existence of a collaborating relationship between the physician and a physician assistant licensed under §
63-19-105
. The department shall also allow a collaborating physician at any time the opportunity to review, accept, and update the existence of a collaborating relationship between the physician and the holder of a certificate of fitness pursuant to §
63-7-123
.
(b)
On or after January 1, 2015, the collaborative relationship contained in the controlled substance database, as established in title 53, chapter 10, part 3, shall be used by the department to update provider profiles which have been established pursuant to this chapter.
(c)
The department shall not be subject to any suit for damages concerning any information that the department disseminates that a provider, hospital, managed care organization, collaborating physician, or supervisory physician had the opportunity to correct, but did not correct.
(d)
Nothing contained in this section shall repeal or override the confidentiality provisions contained in title 53, chapter 10, part 3, except to the extent that the department uses the information to update the existence of:
(1)
A collaborating relationship between a physician and a holder of a certificate of fitness pursuant to §
63-7-123
; or
(2)
A collaborating relationship between a physician and a physician assistant licensed under §
63-19-105
.
Amended by 2018 Tenn. Acts, ch. 610, Secs.s 35, s 36eff. 7/1/2018.
Amended by 2018 Tenn. Acts, ch. 610, s 34, eff. 7/1/2018.
Amended by 2017 Tenn. Acts, ch. 334, s 10, Sec.s 11eff. 7/1/2017.
Amended by 2017 Tenn. Acts, ch. 334, s 9, eff. 7/1/2017.
Amended by 2014 Tenn. Acts, ch. 898, s 2, eff. 1/1/2015.
Acts 1998, ch. 1073, § 15.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 32 - HEALTH CARE CONSUMER RIGHT-TO-KNOW ACT OF 1998 (§§ 63-32-101 — 63-32-119) › Section 63-32-116 - Public records

No provision of this chapter shall be construed as restricting the status of any record as a public record for the purposes of title 10, chapter 7.
Acts 1998, ch. 1073, § 16.