reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 16 - TENNESSEE HEALTH SERVICES AND PLANNING ACT OF 2021 (§§ 68-11-NEW — 68-11-1627) › Section 68-11-1624 - Authority of health facilities commission to issue license to successor owner

With regard to a healthcare facility that has been the subject of a change of control as defined by regulation, the health facilities commission may issue a new license to the successor owner. The use of this authority is limited to circumstances where:
(1)
The successor owner meets the qualifications for a license;
(2)
The healthcare facility has no outstanding license or certification deficiencies; and
(3)
The successor owner already owns or controls at least one (1) other healthcare facility in this state.
Amended by 2023 Tenn. Acts, ch. 466, s 73, eff. 7/1/2024.
Amended by 2022 Tenn. Acts, ch. 1119, s 152, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 557, s 1, eff. 10/1/2021.
Amended by 2015 Tenn. Acts, ch. 505, s 3, eff. 5/20/2015.
Acts 2002, ch. 780, § 4; 2011 , ch. 494, § 5.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 16 - TENNESSEE HEALTH SERVICES AND PLANNING ACT OF 2021 (§§ 68-11-NEW — 68-11-1627) › Section 68-11-1625 - Development of measures for assessing quality of entities receiving certificate of need - Failure to meet quality measures - Penalties

(a)
In consultation with the department of health, the department of mental health and substance abuse services, and the department of disability and aging, and subject to §
68-11-1609(h)
, the commission shall develop by rule measures for assessing quality for entities that, on or after July 1, 2016, receive a certificate of need under this part. In developing quality measures, the commission may seek the advice of stakeholders with respect to certificates of need for specific institutions or services.
(b)
If the commission determines that an entity has failed to meet the quality measures developed under this section, then the commission shall refer that finding to the board for licensing health care facilities or the department of mental health and substance abuse services, whichever is appropriate, for appropriate action on the license of the entity under part 2 of this chapter.
(c)
If the commission determines that an entity has failed to meet a quality measure imposed as a condition for a certificate of need by the commission, then the commission may impose penalties pursuant to §
68-11-1616
or revoke a certificate of need pursuant to §
68-11-1617
.
Amended by 2024 Tenn. Acts, ch. 688,s 172, eff. 7/1/2024.
Amended by 2022 Tenn. Acts, ch. 1119, s 153, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 557, s 1, eff. 10/1/2021.
Acts 2002, ch. 780, § 4; 2003 , ch. 392, §§ 1-4; 2004, ch. 942, § 14; 2010 , ch. 1100, § 125; 2011 , ch. 158, § 40; 2011 , ch. 494, § 6; 2012 , ch. 575, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 16 - TENNESSEE HEALTH SERVICES AND PLANNING ACT OF 2021 (§§ 68-11-NEW — 68-11-1627) › Section 68-11-1626 - Renewal of license for closed hospitals in rural or distressed counties

(a)
Notwithstanding this part, a certificate of need is not required for the establishment of a hospital licensed under this title if:
(1)
The hospital was previously licensed under this title or another hospital was previously licensed under this title at the proposed location;
(2)
The hospital is located in a county:
(A)
Designated by the commission of economic and community development as a tier 2, tier 3, or tier 4 enhancement county pursuant to §
67-4-2109
; or
(B)
With a population less than forty-nine thousand (49,000), according to the 2010 federal census or a subsequent census;
(3)
The last date of operations at the hospital, the hospital site service area, or proposed hospital site service area was no more than fifteen (15) years prior to the date on which the party seeking to establish the hospital submits information to the commission pursuant to subsection (b); and
(4)
The party seeking to establish the hospital applies for a certificate of need from the agency within twelve (12) months of the date on which the party submits information to the commission pursuant to subsection (b).
(b)
(1)
Notwithstanding this part, the commission may renew a license for a hospital meeting the criteria in subdivisions (a)(1)-(3) upon application by the party seeking to establish the hospital and finding that the hospital will operate in a manner that is substantially similar to the manner authorized under the previous hospital's license at the time of the previous hospital's closure.
(2)
The commission shall review and make a determination on an application submitted pursuant to subdivision (b)(1) and notify the applicant in writing of the determination within sixty (60) days of the date the applicant submits a completed application to the commission. If the commission determination is to deny the application, then the commission must also provide to the applicant a written explanation detailing the reasons for the denial.
Amended by 2022 Tenn. Acts, ch. 1119, s 154, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 557, s 1, eff. 10/1/2021.
Acts 2002, ch. 780, § 4.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 16 - TENNESSEE HEALTH SERVICES AND PLANNING ACT OF 2021 (§§ 68-11-NEW — 68-11-1627) › Section 68-11-1627 - Transfer of administrative rules

All administrative rules in effect on July 1, 2022, that were promulgated by the board for licensing healthcare facilities while attached to the department of health are transferred to the health facilities commission on July 1, 2022.
Added by 2022 Tenn. Acts, ch. 1119, s 3, eff. 7/1/2022.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 17 - DISABLED NURSING HOME VOLUNTEERS (§§ 68-11-1701 — 68-11-1702) › Section 68-11-1701 - Legislative intent

(a)
The general assembly finds that:
(1)
A disabled volunteer may be able to provide assistance in improving the services provided by Tennessee's nursing homes; and
(2)
The use of a disabled volunteer in a nursing home could greatly benefit the volunteer as well.
(b)
It is the intent of the general assembly in enacting this part to determine what roles and responsibilities a volunteer with a disability could effectively assume in a nursing home and to provide for the establishment of a demonstration project to confirm the value of a disabled volunteer in a long term care facility.
Acts 2004, ch. 489, § 2.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 17 - DISABLED NURSING HOME VOLUNTEERS (§§ 68-11-1701 — 68-11-1702) › Section 68-11-1702 - Demonstration project

(a)
The commissioner of health is authorized to develop, in conjunction with representatives of the Tennessee Health Care Association, the Tennessee Disability Coalition and the department of disability and aging, a framework that delineates the functions that a disabled volunteer could safely assume in a nursing home, to establish appropriate goals and objectives for a demonstration project and to implement and evaluate a twelve-month demonstration project.
(b)
The commissioner is further authorized to identify one (1) nursing home willing to implement the demonstration project. The commissioner shall report on the effectiveness of the demonstration project to the general welfare, health and human resources committee of the senate and the health and human resources committee of the house of representatives, no later than March 1, 2006.
Amended by 2024 Tenn. Acts, ch. 688,s 173, eff. 7/1/2024.
Acts 2004, ch. 489, § 3.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 18 - TENNESSEE HEALTH CARE DECISIONS ACT (§§ 68-11-NEW — 68-11-1815) › Section 68-11-NEW - [Newly enacted section not yet numbered]

(a)
Except as provided in subsections (b) and (d)-(f), an agent designated to make healthcare decisions under a power of attorney for health care has a right to in-person visitation with the principal at a hospital where the principal is located to evaluate the principal's condition. A hospital shall permit the agent to conduct no less than one (1) in-person visit with the principal during the hospital's regular visitation hours each day the principal is in the hospital. The hospital shall make a reasonable effort to ensure that each visit is a minimum of one (1) hour in duration.
(b)
A hospital may require that an agent who is entering the hospital's premises for purposes of visitation pursuant to subsection (a) submit to non-invasive health and safety protocols.
(c)
Except as provided in subsections (d)-(f), the visitation right specified in subsection (a) must not be terminated, suspended, waived, or otherwise limited upon the declaration of a disaster or emergency by the governor or the governor's designee, or by another individual or entity acting on behalf of this state or a political subdivision of this state.
(d)
The principal may limit the visitation right specified in subsection (a) by:
(1)
Indicating such limitation in the power of attorney for health care; or
(2)
Notifying the healthcare provider orally or in writing that the principal declines a visit.
(e)
The visitation right specified in subsection (a) does not apply to a principal who, while in the hospital, is being detained by or is in the custody of a law enforcement officer, correctional officer, or hospital security personnel.
(f)
The hospital may limit the visitation right specified in subsection (a) while the principal is undergoing a surgical or other invasive procedure.
(g)
As used in this section, "hospital" has the same meaning as defined in § 68-11-201.
Added by 2024 Tenn. Acts, ch. 766,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 18 - TENNESSEE HEALTH CARE DECISIONS ACT (§§ 68-11-NEW — 68-11-1815) › Section 68-11-1801 - Short title

This part shall be known and may be cited as the "Tennessee Health Care Decisions Act."
Acts 2004, ch. 862, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 18 - TENNESSEE HEALTH CARE DECISIONS ACT (§§ 68-11-NEW — 68-11-1815) › Section 68-11-1804 - Revocation of the designation of agent - Revocation of advance directive - Spouses as agent - Conflicts

(a)
An individual having capacity may revoke the designation of an agent only by a signed writing or by personally informing the supervising health care provider.
(b)
An individual having capacity may revoke all or part of an advance directive, other than the designation of an agent, at any time and in any manner that communicates an intent to revoke.
(c)
A decree of annulment, divorce, dissolution of marriage, or legal separation revokes a previous designation of a spouse as agent, unless otherwise specified in the decree or in an advance directive.
(d)
An advance directive that conflicts with an earlier advance directive revokes the earlier directive to the extent of the conflict.
Acts 2004, ch. 862, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 18 - TENNESSEE HEALTH CARE DECISIONS ACT (§§ 68-11-NEW — 68-11-1815) › Section 68-11-1805 - Model forms - Rules and regulations

(a)
The board for licensing health care facilities shall develop and issue appropriate model forms for advance directives that are consistent with this part.
(b)
The board for licensing health care facilities is authorized to promulgate rules and regulations in order to implement this part, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2004, ch. 862, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 18 - TENNESSEE HEALTH CARE DECISIONS ACT (§§ 68-11-NEW — 68-11-1815) › Section 68-11-1807 - Requirement to comply with the patient's individual instruction - Order of precedence

(a)
Absent a court order to the contrary, a guardian shall comply with the patient's individual instructions and may not revoke the patient's advance directive.
(b)
Absent a court order to the contrary, a health care decision of an agent takes precedence over that of a guardian.
(c)
A health care decision made by a guardian for the patient is effective without judicial approval.
Acts 2004, ch. 862, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 18 - TENNESSEE HEALTH CARE DECISIONS ACT (§§ 68-11-NEW — 68-11-1815) › Section 68-11-1808 - Determination of capacity - Compliance by health care provider or institution

(a)
A designated physician who makes or is informed of a determination that a patient lacks or has recovered capacity, or that another condition exists that affects an individual instruction or the authority of an agent, guardian, or surrogate, shall promptly record the determination in the patient's current clinical record and communicate the determination to the patient, if possible, and to any person then authorized to make health care decisions for the patient.
(b)
Except as provided in subsections (c), (d), and (e), a health care provider or institution providing care to a patient shall:
(1)
Comply with an individual instruction of the patient and with a reasonable interpretation of that instruction made by a person then authorized to make health care decisions for the patient; and
(2)
Comply with a health care decision for the patient made by a person then authorized to make health care decisions for the patient to the same extent as if the decision had been made by the patient while having capacity.
(c)
A health care provider may decline to comply with an individual instruction or health care decision for reasons of conscience.
(d)
A health care institution may decline to comply with an individual instruction or health care decision, if the instruction or decision:
(1)
Is contrary to a policy of the institution that is based on reasons of conscience; and
(2)
The policy was timely communicated to the patient or to a person then authorized to make health care decisions for the patient.
(e)
A health care provider or institution may decline to comply with an individual instruction or health care decision that requires medically inappropriate health care or health care contrary to generally accepted health care standards applicable to the health care provider or institution.
(f)
A health care provider or institution that declines to comply with an individual instruction or health care decision pursuant to subsections (c), (d), or (e) shall:
(1)
Promptly so inform the patient, if possible, and any person then authorized to make health care decisions for the patient;
(2)
Provide continuing care to the patient until a transfer can be effected or until the determination has been made that transfer cannot be effected;
(3)
Unless the patient or person then authorized to make health care decisions for the patient refuses assistance, immediately make all reasonable efforts to assist in the transfer of the patient to another health care provider or institution that is willing to comply with the instruction or decision; and
(4)
If a transfer cannot be effected, the health care provider or institution shall not be compelled to comply.
Acts 2004, ch. 862, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 18 - TENNESSEE HEALTH CARE DECISIONS ACT (§§ 68-11-NEW — 68-11-1815) › Section 68-11-1809 - Disclosure of medical or other health care information

(a)
Unless otherwise specified in an advance directive, a person then authorized to make health care decisions for a patient has the same rights as the patient to request, receive, examine, copy, and consent to the disclosure of medical or any other health care information.
(b)
A health care provider shall provide to a patient or a patient's authorized representative a copy of such patient's medical records within ten (10) working days of receipt of a written request by the patient or the patient's authorized representative. The health care provider may provide a summary of such patient's medical records, at the option of the health care provider, but the provision of a summary does not satisfy the patient's or representative's right to receive, or serve as a substitute for, a full medical record under this subsection (b).
Amended by 2024 Tenn. Acts, ch. 831,s 3, eff. 7/1/2024.
Acts 2004, ch. 862, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 18 - TENNESSEE HEALTH CARE DECISIONS ACT (§§ 68-11-NEW — 68-11-1815) › Section 68-11-1810 - Liability

(a)
A health care provider or institution acting in good faith and in accordance with generally accepted health care standards applicable to the health care provider or institution is not subject to civil or criminal liability or to discipline for unprofessional conduct for:
(1)
Complying with a health care decision of a person apparently having authority to make a health care decision for a patient, including a decision to withhold or withdraw health care;
(2)
Declining to comply with a health care decision of a person based on a belief that the person then lacked authority; or
(3)
Complying with an advance directive and assuming that the directive was valid when made and that it had not been revoked or terminated.
(b)
An individual acting as agent or surrogate under this part is not subject to civil or criminal liability or to discipline for unprofessional conduct for health care decisions made in good faith.
(c)
A person identifying a surrogate under this part is not subject to civil or criminal liability or to discipline for unprofessional conduct for such identification made in good faith.
Acts 2004, ch. 862, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 18 - TENNESSEE HEALTH CARE DECISIONS ACT (§§ 68-11-NEW — 68-11-1815) › Section 68-11-1811 - Violations - Intentional misconduct - Penalties

(a)
A health care provider or institution that intentionally violates this part is subject to liability to the aggrieved individual for damages of two thousand five hundred dollars ($2,500), or actual damages resulting from the violation, whichever is greater, plus reasonable attorney's fees and costs.
(b)
A person who intentionally falsifies, forges, conceals, defaces, or obliterates an individual's advance directive or a revocation of an advance directive without the individual's consent, or who coerces or fraudulently induces an individual to give, revoke, or not to give an advance directive, is subject to liability to that individual for damages of two thousand five hundred dollars ($2,500), or actual damages resulting from the action, whichever is greater, plus reasonable attorney's fees and costs.
Acts 2004, ch. 862, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 18 - TENNESSEE HEALTH CARE DECISIONS ACT (§§ 68-11-NEW — 68-11-1815) › Section 68-11-1812 - Presumption of capacity

(a)
This part does not affect the right of an individual to make health care decisions while having capacity to do so.
(b)
An individual is presumed to have capacity to make a health care decision, to give or revoke an advance directive, and to designate or disqualify a surrogate.
Acts 2004, ch. 862, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 18 - TENNESSEE HEALTH CARE DECISIONS ACT (§§ 68-11-NEW — 68-11-1815) › Section 68-11-1813 - Copies have same effect as originals

A copy of a written advance directive, revocation of an advance directive, or designation or disqualification of a surrogate has the same effect as the original.
Acts 2004, ch. 862, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 18 - TENNESSEE HEALTH CARE DECISIONS ACT (§§ 68-11-NEW — 68-11-1815) › Section 68-11-1814 - No presumptions created - Death does not constitute suicide, euthanasia, homicide, mercy killing, or assisted suicide

(a)
This part does not create a presumption concerning the intention of an individual who has not made or who has revoked an advance directive.
(b)
Death resulting from the withholding or withdrawal of health care in accordance with this part does not for any purpose constitute a suicide or homicide or legally impair or invalidate a policy of insurance or an annuity providing a death benefit, notwithstanding any term of the policy or annuity to the contrary.
(c)
The withholding or withdrawal of medical care from a patient in accordance with this part shall not, for any purpose, constitute a suicide, euthanasia, homicide, mercy killing, or assisted suicide.
(d)
This part does not authorize a surrogate to give consent for, or take any action on behalf of, a patient on any matter governed by title 33.
Acts 2004, ch. 862, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 18 - TENNESSEE HEALTH CARE DECISIONS ACT (§§ 68-11-NEW — 68-11-1815) › Section 68-11-1815 - Court jurisdiction

On petition of a patient, the patient's agent, guardian, or surrogate, a health care provider or institution involved with the patient's care, or an individual described in §
68-11-1806(c)(5)
, a court of competent jurisdiction may enjoin or direct a health care decision or order other equitable relief. A proceeding under this section shall be expedited on the court's civil dockets.
Acts 2004, ch. 862, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 19 - IMMUNITY FOR HEALTHCARE RESEARCH INSTITUTIONS (§§ 68-11-1901 — 68-11-1902) › Section 68-11-1901 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Countermeasure" means a vaccine or the component parts used in the design, development, clinical testing or investigation or manufacture of a vaccine, including seed stocks, cell lines and plasmids, used to diagnose, mitigate, prevent, treat, cure or otherwise limit the harm of an infectious disease that is:
(A)
Approved or cleared under Chapter V of the Federal Food, Drug, and Cosmetic Act (
21 U.S.C. § 351
et seq.), or licensed under § 351 of the federal Public Health Service Act (
42 U.S.C. § 262
);
(B)
The object of research for possible use as described in subdivision (1)(A) and is the subject of an exemption under § 505(i) of the Federal Food, Drug and Cosmetic Act (
21 U.S.C. § 355(i)
); or
(C)
Authorized for emergency use in accordance with § 564 of the Federal Food, Drug, and Cosmetic Act (
21 U.S.C. § 360bbb-3
);
(2)
"Healthcare research institution" means any non-governmental, nonprofit research institution with its principal place of business in this state, that is, or that is affiliated with, a hospital or clinic for the treatment of pediatric patients, that does not seek payment for treatment provided to patients in the absence of insurance coverage for the treatment. "Healthcare research institution" includes any or all of the parents, subsidiaries, affiliates, successors and assigns of the institution, and any or all individual trustees, officers, directors, employees, and agents of the institution; and
(3)
"Willful misconduct" means an act or omission that is taken:
(A)
Intentionally to achieve a wrongful purpose;
(B)
Knowingly without legal or factual justification; and
(C)
In disregard of a known or obvious risk that is so great as to make it highly probable that the harm will outweigh the benefit.
Acts 2007 , ch. 43, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 19 - IMMUNITY FOR HEALTHCARE RESEARCH INSTITUTIONS (§§ 68-11-1901 — 68-11-1902) › Section 68-11-1902 - Immunity

(a)
A healthcare research institution shall be immune from suit and any liability under state law with respect to all claims for loss caused by, arising out of, relating to, or resulting from the administration to, or use by, an individual, including claims from loss caused by, arising out of, relating to, or resulting from the design, development, clinical testing or investigation or manufacture of any countermeasure, unless the loss can be determined to have resulted from the willful misconduct of the healthcare research institution or its employees in accordance with subsection (b).
(b)
In any action arising under subsection (a), the plaintiff shall have the burden of proving, by clear and convincing evidence, willful misconduct by each healthcare research institution, or employee, against which a claim has been asserted and that the willful misconduct caused death or serious physical injury.
Acts 2007, ch. 43, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 20 - INDWELLING CATHETERS (§§ 68-11-2001 — 68-11-2002) › Section 68-11-2001 - Part definitions

As used in this part:
(1)
"Drug abuse" means a condition characterized by the continuous or episodic use of a drug or drugs that results in social impairment, vocational impairment, psychological dependence, or pathological patterns of use;
(2)
"Health care institution" means any publicly or privately owned or operated institution, facility, center, or place licensed by the department of health that provides health services for patients that engage in drug abuse;
(3)
"Health care provider" means a person licensed under title 63 or this title to provide health care or related services; and
(4)
"Indwelling catheter" means a proprietary indwelling device that is inserted under a patient's skin to provide long-term IV access for administering blood products, prescribed medication, high-dose chemotherapy, or other treatments.
Acts 2011, ch. 369, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 20 - INDWELLING CATHETERS (§§ 68-11-2001 — 68-11-2002) › Section 68-11-2002 - Liability for misuse of indwelling catheters

(a)
Notwithstanding any law to the contrary, a health care institution or health care provider shall be immune from suit and any liability under state law with respect to all claims for loss caused by, arising out of, relating to, or resulting from misuse of an indwelling catheter that the health care provider placed in a patient if:
(1)
The misuse occurs after placement of the indwelling catheter, after the patient is discharged from the health care institution, or after both; and
(2)
The health care institution provides written notice of such immunity to the patient at the time of or subsequent to the placement of the indwelling catheter, but in all cases prior to the patient's discharge from the health care institution.
(b)
For purposes of this section, misuse of an indwelling catheter means that an individual, other than an employee of the health care institution or health care provider:
(1)
Introduces any drug as defined in title 39, chapter 17, part 4 into the indwelling catheter;
(2)
Introduces any medication not prescribed by the health care provider into the indwelling catheter; or
(3)
Introduces any other substance harmful to the patient into the indwelling catheter.
Acts 2011, ch. 369, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 21 - [STROKE-RELATED DESIGNATION FOR A HOSPITAL] (§§ 68-11-2101 — 68-11-2102) › Section 68-11-2101 - Part definitions

As used in this part:
(1)
"Board" means the board for licensing health care facilities;
(2)
"Capable of providing neuroendovascular treatment" means the capacity to:
(A)
Properly assess, diagnose using advanced imaging devices, and treat stroke patients with complex cases of ischemic stroke, including emergent large vessel occlusion causing the loss of blood supply to a part of the brain and requiring immediate treatment at a facility with a trained team of neurointerventional surgeons, vascular neurologists, and assisting medical personnel; and
(B)
Perform a mechanical thrombectomy twenty-four (24) hours per day, seven (7) days per week;
(3)
"Department" means the department of health; and
(4)
"Stroke-related designation" means a designation including, but not limited to, a comprehensive stroke center, primary stroke center, acute stroke-ready hospital, or other stroke-related designation approved by rule by the board in consultation with the emergency medical services board.
Added by 2018 Tenn. Acts, ch. 722, s 1, eff. 7/1/2018.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 21 - [STROKE-RELATED DESIGNATION FOR A HOSPITAL] (§§ 68-11-2101 — 68-11-2102) › Section 68-11-2102 - Recognition of hospitals with stroke-related designations

(a)
The board shall promulgate rules establishing a procedure for recognizing hospitals that have stroke-related designations.
(b)
The board shall recognize a stroke-related designation for a hospital if the hospital has an active certification as a comprehensive stroke center, primary stroke center, or acute stroke-ready hospital from a department-approved nationally recognized certifying body or a corresponding certification from a department-approved nationally recognized certifying body recognizing the hospital as capable of providing neuroendovascular treatment. The hospital must maintain such certification in order to maintain recognition of its stroke-related designation.
(c)
If a hospital does not comply with the procedure established by the board, then the board shall remove any reference to the facility's stroke-related designation from the board's website along with any materials demonstrating the facility's stroke-related designation.
Added by 2018 Tenn. Acts, ch. 722, s 1, eff. 7/1/2018.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 22 - TOPICAL MEDICAL WASTE REDUCTION ACT OF 2023 (§§ 68-11-2201 — 68-11-2206) › Section 68-11-2201 - Short title

This part is known and may be cited as the "Topical Medical Waste Reduction Act of 2023."
Added by 2023 Tenn. Acts, ch. 150, s 1, eff. 4/13/2023.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 22 - TOPICAL MEDICAL WASTE REDUCTION ACT OF 2023 (§§ 68-11-2201 — 68-11-2206) › Section 68-11-2202 - Legislative Intent

The general assembly finds that this part is necessary for the immediate preservation of the public welfare, health, and safety.
Added by 2023 Tenn. Acts, ch. 150, s 1, eff. 4/13/2023.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 22 - TOPICAL MEDICAL WASTE REDUCTION ACT OF 2023 (§§ 68-11-2201 — 68-11-2206) › Section 68-11-2203 - Part definitions

As used in this part:
(1)
"Facility" means a hospital operating room or hospital emergency room department;
(2)
"Facility-provided medication" means a topical antibiotic, anti-inflammatory, dilation, or glaucoma drop or ointment that a facility employee has on standby or that is retrieved from a dispensing system for a specified patient for use during a procedure or visit; and
(3)
"Prescriber" means an individual authorized by law to prescribe drugs.
Added by 2023 Tenn. Acts, ch. 150, s 1, eff. 4/13/2023.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 22 - TOPICAL MEDICAL WASTE REDUCTION ACT OF 2023 (§§ 68-11-2201 — 68-11-2206) › Section 68-11-2204 - Provision of facility-provided medication

If a facility-provided medication is ordered at least twenty-four (24) hours in advance for surgical procedures and is administered to a patient at the facility, then an unused portion of the facility-provided medication may be offered to the patient upon discharge when it is required for continuing treatment.
Added by 2023 Tenn. Acts, ch. 150, s 1, eff. 4/13/2023.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 22 - TOPICAL MEDICAL WASTE REDUCTION ACT OF 2023 (§§ 68-11-2201 — 68-11-2206) › Section 68-11-2205 - Labeling requirements

A facility-provided medication must be labeled consistent with labeling requirements under the Tennessee Pharmacy Practice Act of 1996, compiled in title 63, chapter 10, parts 2-5.
Added by 2023 Tenn. Acts, ch. 150, s 1, eff. 4/13/2023.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 22 - TOPICAL MEDICAL WASTE REDUCTION ACT OF 2023 (§§ 68-11-2201 — 68-11-2206) › Section 68-11-2206 - Patient education requirements

If a facility-provided medication is used in an operating room or emergency department setting, then the prescriber shall counsel the patient on its proper use and administration and the requirement of pharmacist counseling is waived.
Added by 2023 Tenn. Acts, ch. 150, s 1, eff. 4/13/2023.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 23 - TEMPORARY HEALTHCARE STAFFING AGENCIES (§§ 68-11-2301 — 68-11-2308) › Section 68-11-2301 - Part definitions

As used in this part:
(1)
"Commission" means the health facilities commission;
(2)
"Controlling person" means:
(A)
A business entity, officer, program administrator, or director whose responsibilities include the direction of the management or policies of a temporary healthcare staffing agency; and
(B)
An individual who, directly or indirectly, beneficially owns an interest in a corporation, partnership, or other business association that is a controlling person;
(3)
"Direct care staff":
(A)
Means an individual who:
(i)
Is a medication aide, medication technician, certified nursing assistant, licensed practical nurse, or registered nurse; and
(ii)
Contracts with or is employed by a temporary healthcare staffing agency to provide direct care services to residents or patients in a healthcare facility; and
(B)
Does not include:
(i)
An individual who is engaged in the practice of medicine and surgery or osteopathic medicine and surgery and who is licensed under title 63, chapter 6 or 9; or
(ii)
The practice of nursing by a certified nurse practitioner or an advanced practice registered nurse certified or registered under title 63, chapter 7;
(4)
"Executive director" means the executive director of the health facilities commission;
(5)
"Healthcare facility" means a nursing home or an assisted-care living facility as those terms are defined by §
68-11-201
;
(6)
"Person" means an individual, firm, corporation, partnership, or association; and
(7)
"Temporary healthcare staffing agency" or "agency":
(A)
Means a person, or other business entity:
(i)
Engaged in whole or in part in the business of providing or procuring temporary employment in healthcare facilities for direct care staff; or
(ii)
That operates a digital website or digital smartphone application that facilitates the provision of the engagement of direct care staff and accepts requests from healthcare facilities for direct care staff through its digital website or digital smartphone application; and
(B)
Does not include:
(i)
An individual who engages, only on the individual's own behalf, to provide the individual's services on a temporary basis to a healthcare facility without the use or involvement of a temporary healthcare staffing agency; or
(ii)
An agency operated by a hospital, assisted-care living facility, or nursing home as those terms are defined by §
68-11-201
, or an affiliate of a hospital, assisted-care living facility, or nursing home, if the purpose of the agency is solely procuring, furnishing, or referring temporary or permanent direct care staff for employment at that healthcare provider, or any affiliates under common ownership.
Added by 2023 Tenn. Acts, ch. 432, s 1, eff. 5/11/2023.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 23 - TEMPORARY HEALTHCARE STAFFING AGENCIES (§§ 68-11-2301 — 68-11-2308) › Section 68-11-2302 - Minimum requirements and record retention

(a)
A temporary healthcare staffing agency shall:
(1)
Retain documentation that each direct care staff contracted with or employed by the agency meets all licensing, certification, training, and continuing education standards for the position in which the direct care staff will be working, in compliance with any federal, state, or local requirements;
(2)
In response to a request by a healthcare facility to whom direct care staff are supplied to work, provide documentation that each direct care staff meets the requirements of subdivision (a)(1);
(3)
Comply with all pertinent requirements relating to the health and other qualifications of personnel employed in a healthcare facility;
(4)
Carry an employee dishonesty bond in an amount not less than ten thousand dollars ($10,000) per occurrence;
(5)
Maintain coverage for workers' compensation for all direct care staff; and
(6)
Retain all records for five (5) calendar years and make all records immediately available to the commission upon request.
(b)
A temporary healthcare staffing agency shall provide any records, unless otherwise privileged, pertinent to an investigation conducted by any of the following:
(1)
A representative of adult protective services actively involved in the conduct of an investigation pursuant to title 71, chapter 6;
(2)
The department of health or its representatives, designees, or employees under §
68-11-117
, in the same manner that a healthcare provider must make records available;
(3)
The health facilities commission if related to a violation of this part or any law or regulation of the board for licensing healthcare facilities relating to a healthcare facility with which the agency contracts; and
(4)
Any law enforcement agency conducting a criminal investigation, including, but not limited to, the medicaid fraud control unit.
(c)
No later than December 31, 2023, a temporary healthcare staffing agency presently doing business in this state shall provide notice to the health facilities commission identifying its business entity and any controlling person.
Added by 2023 Tenn. Acts, ch. 432, s 1, eff. 5/11/2023.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 23 - TEMPORARY HEALTHCARE STAFFING AGENCIES (§§ 68-11-2301 — 68-11-2308) › Section 68-11-2303 - Prohibited contractual provisions

(a)
A temporary healthcare staffing agency shall not:
(1)
Restrict in any manner the employment opportunities of any direct care staff that is contracted with or employed by the agency, including, but not limited to, using contract buy-out provisions or contract non-compete clauses;
(2)
Require the payment of liquidated damages, employment fees, or other compensation in any contract with direct care staff or a healthcare facility, if the direct care staff is hired as a permanent employee of the healthcare facility; or
(3)
Solicit or recruit the current staff of a healthcare facility, or require, as a condition of employment, assignment, or referral, that the agency direct care staff recruit new employees for the agency from among the current employees of the healthcare facility to which the agency direct care staff are employed, assigned, or referred.
(b)
The provisions of a contract between a temporary healthcare staffing agency and either direct care staff or a healthcare facility that violate this part are void and unenforceable in a court of law.
Added by 2023 Tenn. Acts, ch. 432, s 1, eff. 5/11/2023.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 23 - TEMPORARY HEALTHCARE STAFFING AGENCIES (§§ 68-11-2301 — 68-11-2308) › Section 68-11-2304 - Requirement for registration

(a)
A temporary healthcare staffing agency shall not be operated, maintained, or advertised in this state without registering with the commission. Each separate location of a temporary healthcare staffing agency shall register and obtain a separate registration.
(b)
Each application to operate a temporary healthcare staffing agency must be made on forms adopted by the commission. The commission shall promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to establish the application process for temporary healthcare staffing agency registration. The application must include:
(1)
The names and addresses of any controlling person;
(2)
The names and addresses of any owner who does not meet the definition of a controlling person. If the owner is a corporation, then the application must include copies of the corporation's articles of incorporation and current bylaws, and the names and addresses of its officers and directors;
(3)
The names and addresses of the person or persons under whose management or supervision the temporary healthcare staffing agency will be operated;
(4)
Satisfactory proof that the temporary healthcare staffing agency will maintain compliance with this part;
(5)
A policy and procedure that describes how the temporary healthcare staffing agency's records will be immediately available to the commission upon request; and
(6)
Any other relevant information the commission determines is necessary to properly evaluate an application for registration.
(c)
The commission may establish a registration fee in an amount sufficient to fund the projected costs of administering registration of temporary healthcare staffing agencies, but in no case may such fee exceed five thousand dollars ($5,000).
(d)
The commission shall deny an application for temporary healthcare staffing agency registration for failure to provide the information required by this section.
(e)
A registration issued by the commission to an agency is effective for a period of one (1) year from the date of its issuance unless the registration is revoked for noncompliance with this section. If a controlling person changes, the temporary healthcare staffing agency is sold, or management is transferred, then the registration of the agency is voided and the new controlling person, owner, or manager may apply for a new registration.
Added by 2023 Tenn. Acts, ch. 432, s 1, eff. 7/1/2024.