reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 4 - PEER REVIEW (§§ 63-10-401 — 63-10-406) › Section 63-10-401 - Statement of policy

It is the policy of the state to encourage committees made up of Tennessee's licensed pharmacists to candidly, conscientiously and objectively evaluate their peers' professional conduct, competence and ability to practice pharmacy and their personal conduct as it relates to the performance of their professional duties. It is further the policy of the state to encourage pharmacists to implement continuous quality improvement programs and quality assurance programs to identify and evaluate quality-related events, reduce medication-related errors, generate data useful to studying the causes of medication errors and improve patient care. The state further recognizes that confidentiality is essential to effective functioning of peer review committees, continuous quality improvement programs and quality assurance programs and to continued improvement in patient safety and patient care.
Acts 1996, ch. 651, § 22; T.C.A. §
63-10-601
; Acts 2006, ch. 768, § 2.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 4 - PEER REVIEW (§§ 63-10-401 — 63-10-406) › Section 63-10-402 - Immunity for furnishing information to peer review committees

All national, state or local public or private organizations, institutions, foundations, systems, provider networks or professional associations or societies, pharmacists, auxiliary pharmacy personnel, pharmacy committee staff personnel, any person under a contract or other formal agreement with a peer review committee and any person who participates with or assists a peer review committee, members of boards of directors or trustees of any public or private hospital, managed care organization or other health care provider or any individual appointed to any peer review committee is immune from liability to any patient, individual or organization for furnishing information, data, reports or records to any such committee or for damages resulting from any decision, opinions, actions and proceedings rendered, entered or acted upon by such committees, if made or taken in good faith without malice and on the basis of facts reasonably known or reasonably believed to exist.
Acts 1996, ch. 651, § 22; T.C.A. §
63-10-602
.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 4 - PEER REVIEW (§§ 63-10-401 — 63-10-406) › Section 63-10-403 - Immunity for reports regarding competence or professional conduct of pharmacist or personnel

Notwithstanding §
63-10-402
, any person providing information, whether as a witness or otherwise, to a peer review committee regarding the competence or professional conduct of a pharmacist or pharmacy auxiliary personnel is immune from liability to any person, unless such information is false and the person providing it had actual knowledge of its falsity.
Acts 1996, ch. 651, § 22; T.C.A. § 63-10-603.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 4 - PEER REVIEW (§§ 63-10-401 — 63-10-406) › Section 63-10-404 - Presumption of good faith

A member of a peer review committee or any other person reporting information to a peer review committee is presumed to have acted in good faith and without malice. Any person alleging lack of good faith has the burden of proving bad faith and malice.
Acts 1996, ch. 651, § 22; T.C.A. § 63-10-604.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 4 - PEER REVIEW (§§ 63-10-401 — 63-10-406) › Section 63-10-406 - Part not applicable to review of physician's conduct

In no event, however, shall the protections provided in this part apply to any type of review by a peer review committee or pharmacist review committee, as defined in this chapter, related to any acts, conduct or professional services rendered by physicians under chapter 6 or 9 of this title. A peer review committee or pharmacist review committee may convey information to licensed physicians or physician licensing boards.
Acts 1996, ch. 651, § 22; T.C.A. § 63-10-606.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 5 - KEVIN CLAUSON DRUG DONATION ACT (§§ 63-10-501 — 63-10-510) › Section 63-10-501 - Short title

This part is known and may be cited as the "Kevin Clauson Drug Donation Act."
Added by 2023 Tenn. Acts, ch. 200, s 1, eff. 1/1/2024.
Prior version repealed by 2023 Tenn. Acts, ch. 200, s 1, eff. 1/1/2024.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 5 - KEVIN CLAUSON DRUG DONATION ACT (§§ 63-10-501 — 63-10-510) › Section 63-10-502 - Part definitions

As used in this part:
(1)
"Anti-rejection drug" means a prescription drug that suppresses the immune system to prevent or reverse rejection of a transplanted organ;
(2)
"Board" means the board of pharmacy;
(3)
"Cancer drug" means a prescription drug that is used to treat:
(A)
Cancer or the side effects of cancer; or
(B)
The side effects of a prescription drug that is used to treat cancer or the side effects of cancer;
(4)
"Controlled substance" has the same meaning as defined in §
39-17-402
;
(5)
"Department" means the department of health;
(6)
"Donor" means any of the following that donates prescription drugs to a repository program approved pursuant to this part:
(A)
A person;
(B)
A pharmacy;
(C)
A medical facility;
(D)
A drug manufacturer or wholesaler licensed by the board; or
(E)
A prison or government entity federally authorized to possess prescription drugs with a license or permit in good standing in the state in which the entity is located;
(7)
"Eligible individual" means an indigent, an uninsured person, or an underinsured person who meets the criteria for eligibility pursuant to this part;
(8)
"Indigent" means a person with an income that is below six hundred percent (600%) of the federal poverty level as defined by the most recently revised poverty income guidelines published by the United States department of health and human services;
(9)
"Medical facility" means:
(A)
A physician's office;
(B)
A hospital;
(C)
A health clinic;
(D)
A nonprofit health clinic, including a federally qualified health center as defined in
42 U.S.C. § 1396d(l)(2)(B)
; a rural health clinic, as defined in
42 U.S.C. § 1396d(l)(1)
; and a nonprofit health clinic that provides medical care to patients who are indigent, uninsured, or underinsured;
(E)
A free clinic as defined in §
63-6-703
;
(F)
A charitable organization as defined in §
48-101-501
; or
(G)
A nursing home as defined in §
68-11-201
;
(10)
"Pharmacy" means a pharmacy as defined in §
63-10-204
;
(11)
"Prescription drug":
(A)
Has the same meaning as defined in §
63-10-204
;
(B)
Includes, but is not limited to, cancer drugs and anti-rejection drugs; and
(C)
Does not include:
(i)
Controlled substances; or
(ii)
Drugs covered by the risk evaluation and mitigation strategy program of the United States food and drug administration;
(12)
"Repository" means a pharmacy that:
(A)
Has a license or permit in good standing with the board; and
(B)
Meets the requirements established by §
63-10-503
;
(13)
"Supplies" means the supplies necessary to administer the prescription drugs donated pursuant to this part; and
(14)
"Unopened tamper-evident packaging" has the same meaning as defined in United States Pharmacopeia (USP) General Chapter 659, Packaging and Storage Requirements.
Added by 2023 Tenn. Acts, ch. 200, s 1, eff. 1/1/2024.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 5 - KEVIN CLAUSON DRUG DONATION ACT (§§ 63-10-501 — 63-10-510) › Section 63-10-503 - Prescription drug donation repository program

(a)
A pharmacy may elect to participate in the prescription drug donation repository program by providing written notification to the department of the following:
(1)
The name, street address, and telephone number of the pharmacy and the license or registration number issued by the board;
(2)
The name, telephone number, and pharmacy license number of the responsible pharmacist who is employed, or under contract, with the repository; and
(3)
A statement signed and dated by the responsible pharmacist indicating that the repository meets the eligibility requirements and will comply with the program.
(b)
The repository shall develop and implement standards and procedures to determine, based on basic visual inspection, that the prescription drugs appear to be unadulterated, safe, and suitable for dispensing.
(c)
Donated prescription drugs must be in unopened tamper-evident packaging. However, drugs packaged in single use doses may be accepted and dispensed when the outside packaging is opened if the single unit dose packaging is undisturbed.
(d)
Donations of prescription drugs and supplies may be made on the premises of, or mailed to, a repository that participates in the program.
(e)
A repository may receive, accept, replenish, repackage, and store donated prescription drugs and supplies in accordance with this part.
(f)
Donation and facilitation of a donation are not considered wholesale distribution, and a person donating or facilitating a donation does not require licensure as a wholesaler.
(g)
Repositories shall prioritize dispensing of donated prescription drugs and supplies as follows:
(1)
First, to an indigent person;
(2)
Second, to a person who has no prescription insurance or cannot afford the out-of-pocket expenses for the prescription drug or supplies prescribed; and
(3)
Lastly, to another individual if an indigent, uninsured, or underinsured person is unavailable.
(h)
A repository shall not charge or collect fees from an eligible individual for prescription drugs or supplies dispensed pursuant to the program. However, a repository may charge a handling fee for each donated prescription drug or supply that is dispensed.
(i)
A repository may charge fees, including, but not limited to, a usual and customary charge, to donors, eligible individuals, health plans, pharmacy benefit managers, drug manufacturers, veterans' affairs hospitals, and government agencies.
(j)
A repository that receives donated prescription drugs or supplies may distribute the donated prescription drugs or supplies to another repository for use pursuant to the program or to similar repository programs in other states.
(k)
Participation in the program is voluntary.
Added by 2023 Tenn. Acts, ch. 200, s 1, eff. 1/1/2024.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 5 - KEVIN CLAUSON DRUG DONATION ACT (§§ 63-10-501 — 63-10-510) › Section 63-10-505 - Immunity and exemption

(a)
Except for acts of gross negligence, willful misconduct, or bad faith, a drug manufacturer is not civilly liable or subject to criminal prosecution for injury, death, or loss to a person or property for matters related to the donation, acceptance, or dispensing of a prescription drug manufactured by the drug manufacturer that is donated under this part, including liability for failure to transfer or communicate product or consumer information or the expiration date of the donated prescription drug.
(b)
Except as provided in subsection (d), a medical facility or another person who is not a drug manufacturer subject to subsection (a) is not civilly liable or subject to criminal prosecution for injury to or the death of an individual to whom a donated prescription drug is dispensed under this part except due to its own acts of gross negligence, willful misconduct, or bad faith.
(c)
Except for acts of gross negligence, willful misconduct, or bad faith, the department of health or the board of pharmacy are not civilly liable or subject to criminal prosecution for injury, death, or loss to a person or property resulting from matters related to the donation, acceptance, distribution, or dispensing of a prescription drug donated pursuant to this part.
(d)
The immunity and exemption provided in subsections (b) and (c) do not apply to the following:
(1)
The donation, acceptance, distribution, or dispensing of a donated prescription drug under this part by a person if the person's acts or omissions are not performed reasonably and in good faith; or
(2)
Acts or omissions outside the scope of the program.
Added by 2023 Tenn. Acts, ch. 200, s 1, eff. 1/1/2024.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 5 - KEVIN CLAUSON DRUG DONATION ACT (§§ 63-10-501 — 63-10-510) › Section 63-10-506 - No restriction on use of samples

This part does not restrict the use of samples by a physician or other person legally authorized to prescribe drugs pursuant to this title during the course of the physician's or other person's duties at a medical facility or pharmacy.
Added by 2023 Tenn. Acts, ch. 200, s 1, eff. 1/1/2024.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 5 - KEVIN CLAUSON DRUG DONATION ACT (§§ 63-10-501 — 63-10-510) › Section 63-10-507 - Resale of prescription drugs not authorized

This part does not authorize the resale of prescription drugs by any person.
Added by 2023 Tenn. Acts, ch. 200, s 1, eff. 1/1/2024.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 5 - KEVIN CLAUSON DRUG DONATION ACT (§§ 63-10-501 — 63-10-510) › Section 63-10-508 - Dispensing after expiration date prohibited

A repository shall not dispense a prescription drug after the expiration date of the drug.
Added by 2023 Tenn. Acts, ch. 200, s 1, eff. 1/1/2024.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 5 - KEVIN CLAUSON DRUG DONATION ACT (§§ 63-10-501 — 63-10-510) › Section 63-10-509 - Donation by long-term care facility

Notwithstanding this title, title 68, or any rule, a long-term care facility licensed under title 68 may donate prescription drugs to the repository program established by this part.
Added by 2023 Tenn. Acts, ch. 200, s 1, eff. 1/1/2024.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 5 - KEVIN CLAUSON DRUG DONATION ACT (§§ 63-10-501 — 63-10-510) › Section 63-10-510 - Authority

The prescription drug donation repository program is governed by this part. This part supersedes a law or rule inconsistent with this part.
Added by 2023 Tenn. Acts, ch. 200, s 1, eff. 1/1/2024.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 6 - FEDERALLY QUALIFIED HEALTH CENTER PRESCRIPTION DRUG DISPENSING PILOT PROGRAM (§§ 63-10-601 — 63-10-602) › Section 63-10-602 - Rules for administration and enforcement

The board of pharmacy shall adopt, amend and repeal rules for the proper administration and enforcement of parts 2-5 of this chapter consistent with §
63-10-601
. The rules shall be adopted, amended or repealed in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2008 , ch. 1028, § 2.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 7 - ENSURING PATIENT ACCESS TO PHARMACY DRUG DISPOSAL PROGRAMS (§§ 63-10-701 — 63-10-706) › Section 63-10-701 - Short title

This part shall be known and may be cited as the "Ensuring Patient Access to Pharmacy Drug Disposal Programs Act of 2015."
Acts 2015 , ch. 40, § 2.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 7 - ENSURING PATIENT ACCESS TO PHARMACY DRUG DISPOSAL PROGRAMS (§§ 63-10-701 — 63-10-706) › Section 63-10-702 - Part definitions

As used in this part:
(1)
"Authorized pharmacy disposal site" means any pharmacy practice site that qualifies as a collection site under
21 CFR 1317.40
; and
(2)
"Pharmacy drug disposal program" means any voluntary drug disposal program located at, or implemented by, a Tennessee-licensed pharmacy located in this state, in accordance with all state and federal rules and regulations.
Added by 2015 Tenn. Acts, ch. 40, s 2, eff. 7/1/2015.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 7 - ENSURING PATIENT ACCESS TO PHARMACY DRUG DISPOSAL PROGRAMS (§§ 63-10-701 — 63-10-706) › Section 63-10-703 - Participation in pharmacy drug disposal programs

(a)
Any Tennessee-licensed pharmacy located within this state is authorized to participate in a pharmacy drug disposal program that meets or exceeds the minimum requirements set forth in federal rules and regulations regarding collection and destruction of prescription drugs, including controlled and noncontrolled substances.
(b)
(1)
Participation in a pharmacy drug disposal program by a Tennessee-licensed pharmacy located within this state shall be voluntary.
(2)
The pharmacist-in-charge, as defined by §
63-10-204
, for the pharmacy practice site shall be responsible for deciding whether the pharmacy participates in a pharmacy drug disposal program.
(3)
No person shall mandate pharmacist participation in a pharmacy drug disposal program at a pharmacy practice site.
Added by 2015 Tenn. Acts, ch. 40, s 3, eff. 7/1/2015.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 7 - ENSURING PATIENT ACCESS TO PHARMACY DRUG DISPOSAL PROGRAMS (§§ 63-10-701 — 63-10-706) › Section 63-10-704 - Immunity of participants

Any pharmacy practice site voluntarily participating in a pharmacy drug disposal program shall be held harmless and shall not be held liable for any theft, robbery, or other criminal activity related to its participation in the pharmacy drug disposal program or the collection, storage, or destruction of prescription drugs, including controlled and noncontrolled substances collected through a pharmacy drug disposal program, as long as the pharmacy practice site is acting in good faith and operating in compliance with all state and federal rules and regulations regarding drug disposal.
Added by 2015 Tenn. Acts, ch. 40, s 4, eff. 7/1/2015.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 7 - ENSURING PATIENT ACCESS TO PHARMACY DRUG DISPOSAL PROGRAMS (§§ 63-10-701 — 63-10-706) › Section 63-10-705 - List of participants to be maintained by board

The board of pharmacy shall maintain a list of Tennessee-licensed pharmacies located within this state that participate in pharmacy drug disposal programs as authorized by state and federal rules and regulations.
Acts 2015 , ch. 40, § 4.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 7 - ENSURING PATIENT ACCESS TO PHARMACY DRUG DISPOSAL PROGRAMS (§§ 63-10-701 — 63-10-706) › Section 63-10-706 - Promulgation of rules

The board of pharmacy shall promulgate rules necessary for implementation of this part. All such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2015 , ch. 40, § 4.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 1 - BOARD OF EXAMINERS IN PSYCHOLOGY (§§ 63-11-101 — 63-11-104) › Section 63-11-101 - Board creation - Composition - Immunity from civil action

(a)
There is created a board of examiners in psychology, referred to as the "board" in this chapter, to consist of ten (10) members who shall be appointed by the governor under conditions set forth in this chapter.
(b)
(1)
Two (2) members shall be chosen from and shall be members of the faculty, with the rank of assistant professor or above, of the accredited colleges and universities in the state and shall be engaged in teaching, research and/or administration of psychology.
(2)
Four (4) members shall be licensed psychologists.
(3)
Two (2) members shall be either a licensed psychological examiner or a licensed senior psychological examiner.
(4)
One (1) member shall be a private citizen who is neither a licensed psychologist nor a licensed psychological examiner or licensed senior psychological examiner and who has no professional or commercial interest in the practice of psychology.
(5)
Beginning July 1, 2014, the chair of the applied behavior analyst licensing committee of the board of examiners in psychology shall serve as an ex officio voting member of the board.
(c)
The board shall perform such duties and exercise such powers as this chapter prescribes and confers upon it.
(d)
No member of the board shall be liable to civil action for any act performed in good faith in the performance of its duties as set forth in this chapter.
Acts 1953, ch. 169, § 4 (Williams, § 7082.4); T.C.A. (orig. ed.), § 63-1101; Acts 1992, ch. 986, §§ 3, 7; 1993, ch. 102, § 1; 2000, ch. 926, §§ 3, 4; 2001, ch. 123, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 1 - BOARD OF EXAMINERS IN PSYCHOLOGY (§§ 63-11-101 — 63-11-104) › Section 63-11-102 - Appointment and terms of members - Removal

(a)
Original appointments to the board are for terms as follows: One (1) practicing psychologist for a term of one (1) year, one (1) academic psychologist for a term of two (2) years, one (1) practicing psychologist for a term of three (3) years, one (1) academic psychologist for a term of four (4) years and one (1) practicing psychologist for a term of five (5) years. The original appointments to the board for the licensed psychological examiner member and citizen member shall be four (4) and five (5) years, respectively. All subsequent appointments shall be for terms of five (5) years.
(b)
Vacancies shall be filled for any unexpired terms, and members shall serve until their successors are appointed and have qualified. Only practicing psychologists shall be appointed to succeed practicing psychologists, and only academic psychologists shall be appointed to succeed academic psychologists. Board members shall be ineligible for reappointments for a period of five (5) years following completion of their terms.
(c)
(1)
Appointments to the board for the psychologist members may be made from lists of qualified candidates to be furnished to the governor by interested psychology groups, including, but not limited to, the Tennessee Psychological Association. Each list shall contain the names of academic psychologists and practicing psychologists. Appointments to the board for the psychological examiner and senior psychological examiner members may be made from lists of qualified candidates to be submitted to the governor from interested psychological examiner groups, including, but not limited to, the Tennessee Psychological Association Division of Psychological Examiners. Each list shall contain the names of psychological examiners and senior psychological examiners. All vacancies occurring in the board may be filled by the governor for the unexpired term from the lists of qualified candidates within thirty (30) days after the vacancy occurs. The governor shall consult with such interested groups to determine qualified persons to fill positions on the board.
(2)
In making appointments to the board, the governor shall strive to ensure that at least one (1) person serving on the board is sixty (60) years of age or older and that at least one (1) person serving on the board is a member of a racial minority.
(d)
Any board members may be removed by the governor after notice and hearing for incompetence, neglect of duty, malfeasance in office or moral turpitude.
Acts 1953, ch. 169, § 5 (Williams, § 7082.5); T.C.A. (orig. ed.), § 63-1102; Acts 1988, ch. 1013, § 49; 1992, ch. 986, §§ 4, 5, 8, 9; 2001, ch. 123, § 2; 2012 , ch. 629, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 1 - BOARD OF EXAMINERS IN PSYCHOLOGY (§§ 63-11-101 — 63-11-104) › Section 63-11-103 - Members' oath - Reports and records

(a)
Immediately and before entering upon the duties of the office, the members of the board shall take the constitutional oath of office and shall file the same in the office of the governor who, upon receiving the oath of office, shall issue to each member a certificate of appointment.
(b)
The board shall have available for the governor or the governor's representative detailed reports on proceedings, and shall keep adequate records of all licenses and certificates and shall make an annual report in such form as required by the governor.
Acts 1953, ch. 169, § 6 (Williams, § 7082.6); T.C.A. (orig. ed.), § 63-1103; Acts 2001, ch. 123, § 3.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 1 - BOARD OF EXAMINERS IN PSYCHOLOGY (§§ 63-11-101 — 63-11-104) › Section 63-11-104 - Organization - Meetings - Expenses - Powers

(a)
The board shall elect annually a chair and vice chair.
(b)
Each member shall receive all necessary expenses incident to conducting the business of the board and, in addition thereto, shall be entitled to a per diem of one hundred dollars ($100) for each day's service in conducting the business of the board. All reimbursements for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(c)
The board shall hold at least one (1) regular meeting each year, the required meeting to be held at the state capitol. Called meetings may be held at the discretion of the chair or at the written request of any two (2) members of the board.
(d)
The board shall adopt a seal, which must be affixed to all certificates issued by the board.
(e)
(1)
The board shall, periodically, adopt such rules and regulations as it may deem necessary for the performance of its duties and shall examine and pass upon the qualifications of the applicants for the practice of psychology as provided in this chapter.
(2)
(A)
Six (6) members of the board at all times constitute a quorum.
(B)
Any action taken by the board shall require the approval of six (6) of its members.
(f)
The board shall be empowered to hire such assistance as is necessary to carry on its activities, within the limits of funds available to the board, and shall be empowered to accept grants from foundations or institutions to develop tests and carry on its functions.
(g)
The board shall receive administrative support from the division of health related boards in the department of health, referred to as the "division" in this chapter.
(h)
The board shall establish continuing educational requirements for psychologists designated as health service providers and psychological examiners, senior psychological examiners, certified psychological assistants, and certified psychological testing technicians.
Amended by 2023 Tenn. Acts, ch. 442, s 1, eff. 1/1/2024.
Acts 1953, ch. 169, § 7 (Williams, § 7082.7); 1976, ch. 517, § 3; 1976, ch. 806, § 1(101); T.C.A. (orig. ed.), § 63-1104; Acts 1984, ch. 937, § 43; 1992, ch. 986, §§ 6, 10; 1994, ch. 780, § 1; 1995, ch. 167, § 1; 2000, ch. 926, § 5; 2001, ch. 334, § 12.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 2 - GENERAL PROVISIONS (§§ 63-11-201 — 63-11-226) › Section 63-11-201 - Levels of practice - Valid license or certificate required

(a)
Five (5) levels of psychological practice are defined for the purposes of this chapter. Such levels are to be known and are referred to as:
(1)
Psychological examiner;
(2)
Senior psychological examiner;
(3)
Psychologist;
(4)
Certified psychological assistant; and
(5)
Certified psychological testing technician.
(b)
Any and all individuals who engage in the practice of psychology as a psychological examiner, senior psychological examiner or psychologist must possess in full force and virtue a valid license under this chapter.
(c)
Any person engaged in the practice of psychology as a certified psychological assistant or certified psychological testing technician must possess in full force and virtue a valid certificate to practice under this chapter.
(d)
(1)
Nothing in this section shall be construed to prohibit a charitable clinic from employing or contracting with a psychologist; provided, that the contractual relationship between the psychologist and the charitable clinic is evidenced by a written contract, job description, or documentation, containing language that does not restrict the psychologist from exercising independent professional judgment in diagnosing and treating patients.
(2)
For the purposes of this subsection (d), the term "charitable clinic" means an entity that meets the following standards:
(A)
Has received a determination of exemption from the internal revenue service under
26 U.S.C. § 501(c)(3)
or is a distinct part of an entity that has received such a determination of exemption;
(B)
Has clinical facilities located in this state;
(C)
Has a primary mission to provide health care or dental care services to low-income, uninsured, or underserved individuals;
(D)
Provides one (1) or more of the following services for free or at a discounted rate:
(i)
Medical care;
(ii)
Dental care;
(iii)
Mental health care; or
(iv)
Prescription medications;
(E)
Utilizes volunteer healthcare professionals and nonclinical volunteers; and
(F)
Is not required to be licensed under §
68-11-202(a)(1)
.
Amended by 2023 Tenn. Acts, ch. 442, s 3, eff. 1/1/2024.
Amended by 2023 Tenn. Acts, ch. 442, s 2, eff. 1/1/2024.
Amended by 2016 Tenn. Acts, ch. 766, s 5, eff. 4/19/2016.
Acts 1953, ch. 169, § 2 (Williams, § 7082.2); T.C.A. (orig. ed.), § 63-1105; Acts 2001, ch. 123, § 4.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 2 - GENERAL PROVISIONS (§§ 63-11-201 — 63-11-226) › Section 63-11-203 - Practice of psychologist

(a)
(1)
"Practice of psychologist" means the observation, description, evaluation, interpretation and modification of human behavior by the application of psychological principles, methods and procedures for the purpose of assessing, preventing or eliminating symptomatic, maladaptive or undesired behavior and of enhancing interpersonal relationships, work and life adjustment, personal effectiveness, behavioral health and mental health.
(2)
(A)
"Practice of psychologist" includes, but is not limited to:
(i)
Psychological testing and the evaluation or assessment of personal characteristics, such as intelligence, personality, abilities, interests, aptitudes and neuropsychological functioning;
(ii)
Counseling, psychoanalysis, psychotherapy, hypnosis, biofeedback and behavior analysis and therapy;
(iii)
Psychological diagnosis and treatment of mental, emotional and nervous disorders or disabilities, alcoholism and substance abuse, disorders of habit or conduct, as well as of the psychological aspects of physical illness, accident, injury or disability;
(iv)
Case management and utilization review of psychological services;
(v)
Psychoeducational evaluation, therapy, remediation and consultation;
(vi)
Forensic evaluation; provided, that a person licensed under this chapter performing forensic evaluation is considered to be acting within their lawful scope of practice and the practice of forensic evaluation is not exclusive to individuals licensed under this chapter;
(vii)
Parent coordination; provided, that a person licensed under this chapter performing parent coordination is considered to be acting within their lawful scope of practice and the practice of parent coordination is not exclusive to individuals licensed under this chapter; and
(viii)
Telepsychology, which means the practice of psychology via electronic communications technology by persons licensed under this chapter.
(B)
Psychological services may be rendered to individuals, families, groups and the public.
(3)
"Practice of psychologist" is construed within the meaning of this definition without regard to whether payment is received for services rendered.
(b)
A person represents that person to be a psychologist if that person uses any title or description of services incorporating the words "psychology," "psychological" or "psychologist," if such person possesses expert qualification in any area of psychology or if that person offers to the public or renders to individuals or to groups of individuals services defined as the practice of psychology in this chapter.
Amended by 2014 Tenn. Acts, ch. 809, s 1, eff. 7/1/2014.
Acts 1953, ch. 169, § 2 (Williams, § 7082.2); T.C.A. (orig. ed.), § 63-1107; Acts 1992, ch. 991, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 2 - GENERAL PROVISIONS (§§ 63-11-201 — 63-11-226) › Section 63-11-204 - Restrictions on methods of treatment

(a)
Nothing in §§
63-11-201
-
63-11-203
shall be construed as permitting the use of those forms of psychotherapy that involve the administration or prescription of drugs or electroshock or in any way infringing upon the practice of medicine as defined in the laws of this state.
(b)
The psychologist, psychological examiner, senior psychological examiner, certified psychological assistant, or certified psychological testing technician who engages in psychotherapy must establish and maintain effective intercommunication with a psychologically-oriented physician, usually a psychiatrist, to make provision for the diagnosis and treatment of medical problems by a physician with an unlimited license to practice the healing arts in this state.
(c)
A psychologist, psychological examiner, senior psychological examiner, certified psychological assistant, or certified psychological testing technician must not attempt to diagnose, prescribe for, treat or advise a client with reference to problems or complaints falling outside the boundaries of psychological practice.
(d)
Sections 63-11-203 and
63-11-208(c) and (d)
are subject to the limitations of this section.
Amended by 2023 Tenn. Acts, ch. 442, s 5, eff. 1/1/2024.
Amended by 2023 Tenn. Acts, ch. 442, s 4, eff. 1/1/2024.
Acts 1953, ch. 169, § 2 (Williams, § 7082.2); T.C.A. (orig. ed.), § 63-1108; Acts 1992, ch. 991, § 25; 2001, ch. 123, §§ 6, 7.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 2 - GENERAL PROVISIONS (§§ 63-11-201 — 63-11-226) › Section 63-11-205 - Use of identifying terms

(a)
(1)
It is specifically prohibited that any individuals or organizations shall present themselves or be presented to the public by any title incorporating the name "psychological," "psychologist" or "psychology" other than those licensed as psychologists, psychological examiners, senior psychological examiners, certified psychological assistants, or certified psychological testing technicians.
(2)
Any psychological scientist employed by a recognized research laboratory, college or university may use the academic or research title conferred upon such psychological scientist by the administration of such laboratory, college or university; and
(3)
Persons licensed by the state board of education in areas of school psychology, school psychologist or school psychological services worker and employed as such in the department of education or in any public or nonpublic elementary or secondary school are not required to be licensed under this chapter while performing in the course of their employment. Nothing in this chapter shall be construed so as to apply to persons licensed by the state board of education in areas of school psychology, school psychologist or school psychological services worker who are employed as such in the department of education or in any public or nonpublic elementary or secondary school while performing in the course of their employment.
(b)
Nothing in this section shall be construed as permitting such persons to offer their services to any other persons or organizations as consultants or to accept remuneration for any psychological services other than that of their institutional salaries unless they have been licensed or certified under this chapter.
(c)
Visiting lecturers from recognized laboratories, colleges or universities are exempt from this section and may utilize their academic or research title when presenting lectures to similar institutions or organizations.
(d)
Students of psychology, psychological interns and other persons preparing for the profession of psychological examiner, senior psychological examiner, certified psychological assistant, certified psychological testing technician, or psychologist under qualified supervision in recognized training institutions or facilities may be designated by such titles as "psychological intern," "psychological trainee" or others clearly indicating such training status.
(e)
Psychologists with competency in areas other than the provision of health services shall retain the right to use the title of licensed psychologist with competence in areas other than health services and to practice within their area of competency.
Amended by 2023 Tenn. Acts, ch. 442, s 7, eff. 1/1/2024.
Amended by 2023 Tenn. Acts, ch. 442, s 6, eff. 1/1/2024.
Acts 1953, ch. 169, § 3 (Williams, § 7082.3); 1976, ch. 451, § 1; T.C.A. (orig. ed.), § 63-1109; Acts 1992, ch. 991, §§ 11, 23, 24; 2001, ch. 123, §§ 8 - 10.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 2 - GENERAL PROVISIONS (§§ 63-11-201 — 63-11-226) › Section 63-11-209 - Application and examination fees

(a)
Each applicant for a permanent license or certificate shall pay to the board a nonrefundable application fee as set annually by the board.
(b)
In addition thereto, each applicant subject to examination under this chapter shall pay an examination fee to the board as set annually by the board.
(c)
Each applicant seeking licensure without examination as provided in §
63-11-211
shall, in addition to the application fee provided in this section, pay a fee as set annually by the board.
Acts 1953, ch. 169, § 15 (Williams, § 7082.15); 1955, ch. 56, § 1; 1972, ch. 590, § 1; 1976, ch. 517, § 1; T.C.A. (orig. ed.), § 63-1113; Acts 1986, ch. 675, § 19; 1989, ch. 523, §§ 27-29; 2001, ch. 123, § 18.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 2 - GENERAL PROVISIONS (§§ 63-11-201 — 63-11-226) › Section 63-11-210 - Examination of applicants

(a)
Examination of applicants for a license or certificate to practice psychology shall be made by the board at least once a year according to methods and in such subject fields as may be deemed by the board to be the most practical and expeditious to test the applicant's qualifications.
(b)
(1)
Such examinations shall include the basic psychological sciences.
(2)
The board shall require the examinations to be written or oral, or both; provided, that in any written examination such applicant shall be designated by a number instead of the applicant's name so that the applicant's identity shall not be disclosed to the members of the board until the examination papers have been graded.
(3)
The board shall grade the written examinations returned by the candidates and shall keep them for at least one (1) year.
(4)
A candidate shall be held to have passed the examination upon the affirmative vote of three (3) or more members of the board.
(5)
Any unsuccessful candidate may, upon written request to the board, see the candidate's graded paper.
Acts 1953, ch. 169, § 10 (Williams, § 7082.10); T.C.A. (orig. ed.), § 63-1114; Acts 2001, ch. 123, § 19.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 2 - GENERAL PROVISIONS (§§ 63-11-201 — 63-11-226) › Section 63-11-211 - Licensure without examination

(a)
The board may, at its discretion, grant a certificate without an assembled examination to any person residing or employed in the state who has not previously failed the appropriate examination given by the board and who, at the time of application, is licensed or certified by a similar board of another state whose standards, in the opinion of the board, are not lower than those required by this chapter, or who has been practicing psychology in another state and has qualifications not lower than those required by this chapter, and is able to satisfy the board that to grant that person a license would be in the public interest, or who has been certified by the American Board of Examiners in Professional Psychology.
(b)
Notwithstanding subsection (a), the board shall grant a license without an assembled written or oral examination to any person who at the time of application:
(1)
Is licensed or certified in good standing with a similar board of another state;
(2)
Has passed the National Examination for the Practice of Professional Psychology at a level greater than or equal to the level required in this state;
(3)
Can show reasonable proof that the applicant has available employment in this state by means of letters or other reasonable proof;
(4)
Received a psychologist license after January 1, 1995, but before June 1, 1995; and
(5)
The board may permit a psychologist licensed in good standing in another state, who meets standards acceptable to the board, to perform the functions of §§
63-11-203
and
63-11-208(d)(2)(B)
and practice as a psychologist in Tennessee without possessing a current license for a period of time, not to exceed twelve (12) days per year, for such purposes as special training or consultation, special evaluation and/or intervention or serving as an expert witness. Nothing in this section shall be construed to permit the regular, repetitive or ongoing provision of psychological services, the supervision of psychological services or the solicitation or advertisement of services to the general public, all of which are governed by the usual and customary processes of licensure for psychologists.
Acts 1953, ch. 169, § 11 (Williams, § 7082.11); modified; T.C.A. (orig. ed.), § 63-1115; Acts 1998, ch. 878, § 1; 1999, ch. 505, § 3; 2000, ch. 646, § 2.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 2 - GENERAL PROVISIONS (§§ 63-11-201 — 63-11-226) › Section 63-11-212 - Issuing license or certificate - Enforcement of chapter

(a)
The board has authority to administer oaths, to summon witnesses and to take testimony in all matters relating to its duties.
(b)
(1)
The board shall be the sole agency in this state empowered to certify concerning competence in the practice of psychology to the division and the sole board empowered to recommend licensure or certification for the practice of psychology to the division.
(2)
No individual shall be issued a license or certificate for the practice of psychology who has not been previously certified at the appropriate level of practice by the board.
(3)
The board shall certify as competent to practice psychology all persons who shall present satisfactory evidence of attainments and qualifications under provisions of this chapter, the rules and regulations of the board and chapter 1 of this title.
(4)
Such certification shall be signed by the chair of the board under the board's adopted seal.
(c)
It is the duty of the board chair under the direction of the board to aid the solicitors in the enforcement of this chapter and the prosecution of all persons charged with the violation of its provisions.
Acts 1953, ch. 169, § 16 (Williams, § 7082.16); T.C.A. (orig. ed.), § 63-1116; Acts 2001, ch. 123, §§ 20, 21.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 2 - GENERAL PROVISIONS (§§ 63-11-201 — 63-11-226) › Section 63-11-213 - Privileged communications

For the purpose of this chapter, the confidential relations and communications between licensed psychologist, licensed psychological examiner, licensed senior psychological examiner, certified psychological assistant, or certified psychological testing technician and client are placed upon the same basis as those provided by law between attorney and client; and nothing in this chapter shall be construed to require any such privileged communication to be disclosed.
Amended by 2023 Tenn. Acts, ch. 442, s 14, eff. 1/1/2024.
Acts 1953, ch. 169, § 17 (Williams, § 7082.17); T.C.A. (orig. ed.), § 63-1117; Acts 2001, ch. 123, § 22.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 2 - GENERAL PROVISIONS (§§ 63-11-201 — 63-11-226) › Section 63-11-214 - Code of ethics

The board of examiners shall adopt a code of ethics to govern appropriate practices or behavior as referred to in §§
63-11-207
,
63-11-208
and
63-11-215
and shall file such code with the secretary of state within thirty (30) days prior to the effective date of such code.
Acts 1953, ch. 169, § 18 (Williams, § 7082.18); T.C.A. (orig. ed.), § 63-1118.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 2 - GENERAL PROVISIONS (§§ 63-11-201 — 63-11-226) › Section 63-11-216 - Administrative procedure

All proceedings for disciplinary action against a licensee or certified person under this chapter shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1953, ch. 169, § 13 (Williams, § 7082.13); Acts 1979, ch. 201, § 2; T.C.A. (orig. ed.), § 63-1120; Acts 1985, ch. 120, § 13; 2001, ch. 123, § 29.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 11 - PSYCHOLOGISTS (§§ 63-11-101 — 63-11-613) › Part 2 - GENERAL PROVISIONS (§§ 63-11-201 — 63-11-226) › Section 63-11-217 - Review of board actions

Any action of or ruling or order made or entered by the board declining to issue a certificate, declining to recommend licensure or certification or suspending or revoking a certificate or license shall be subject to review by the courts of this state in the same manner and subject to the same powers and conditions as now provided by law in regard to rulings, orders and findings of other quasi-judicial bodies in this state, where not otherwise specifically provided.
Acts 1953, ch. 169, § 14 (Williams, § 7082.14); Acts 1979, ch. 201, § 3; T.C.A. (orig. ed.), § 63-1121; Acts 2001, ch. 123, § 30.