reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 16 - NURSING HOME ADMINISTRATORS (§§ 63-16-101 — 63-16-115) › Section 63-16-110 - Certain religious groups exempt

(a)
Nothing in this chapter or the rules and regulations thereunder shall be construed to require an applicant for a license who is certified by a recognized church or religious denomination that teaches reliance on spiritual means alone for healing to demonstrate proficiency in any medical techniques or to meet any medical educational qualifications or medical standards not in accordance with remedial care and treatment provided in such institutions.
(b)
Such administrative practice is limited to institutions certified by such church or denominations for the care and treatment of the sick in accordance with its teachings.
Acts 1970, ch. 565, § 10; T.C.A., § 63-1610.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 16 - NURSING HOME ADMINISTRATORS (§§ 63-16-101 — 63-16-115) › Section 63-16-111 - Penalties

(a)
It is unlawful for any person to sell or fraudulently obtain or furnish any license or aid or abet therein or practice as a nursing home administrator, under cover of any license or registration illegally or fraudulently obtained, or practice as a nursing home administrator or offer to practice unless the person is duly licensed and registered to so practice under this chapter, or practice as a nursing home administrator during the time the person's licensure registration issued under this chapter shall be suspended or revoked, or otherwise violate this chapter or any rule or regulation adopted and promulgated by the board pursuant to this chapter.
(b)
No nursing home in the state may operate unless it is under the supervision of an administrator who holds a currently valid nursing home administrator license and registration or provisional license issued pursuant to this chapter.
(c)
(1)
Any person convicted of violating this section shall be fined not less than fifty dollars ($50.00) and not more than two hundred fifty dollars ($250).
(2)
For the purposes of this section, each day's operation constitutes a separate offense.
(d)
It is the duty of the district attorneys general in the various districts throughout the state to assist the board by prosecuting any person the board has reasonable cause to believe is violating any provisions of this chapter or any rule or regulation adopted and promulgated by the board pursuant to this chapter.
Acts 1970, ch. 565, § 11; T.C.A., § 63-1611.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 16 - NURSING HOME ADMINISTRATORS (§§ 63-16-101 — 63-16-115) › Section 63-16-112 - Enjoining violations

The board may cause to be instituted a civil action in any court of competent jurisdiction for injunctive relief to prevent any violation of any provision of this chapter or any rule or regulation adopted and promulgated by the board pursuant to this chapter.
Acts 1970, ch. 565, § 12; T.C.A., § 63-1612.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 16 - NURSING HOME ADMINISTRATORS (§§ 63-16-101 — 63-16-115) › Section 63-16-113 - Disposition of fines and receipts - Budgetary allotments

(a)
All fines for the offenses of the violation of this chapter and fees received from all sources and purposes shall be paid to the board and shall become part of its receipts. All moneys received by the board shall be paid into the general fund of the state.
(b)
The commissioner of finance and administration shall make such allotments out of the general fund as may be necessary for the implementation of this chapter. Such allotments shall be disbursed under the general budgetary laws of Tennessee.
Acts 1970, ch. 565, § 13; T.C.A., § 63-1613; modified.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 16 - NURSING HOME ADMINISTRATORS (§§ 63-16-101 — 63-16-115) › Section 63-16-114 - Temporary administration following unexpected loss of administrator

Notwithstanding this chapter to the contrary, a nursing home licensed in Tennessee may be administered on a temporary basis after the unexpected loss of an administrator in accordance with title 68, chapter 11, part 2.
Acts 1994, ch. 813, § 2.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 16 - NURSING HOME ADMINISTRATORS (§§ 63-16-101 — 63-16-115) › Section 63-16-115 - Cost of prosecution - Witnesses - Subpoenas

(a)
The board shall promulgate rules governing the assessment of costs against a licensee or other person found by the board to have violated any provision of this chapter. The costs assessed by the board may include only those costs directly related to the prosecution of the charges against the licensee or other person, including investigatory costs where appropriate. The board shall determine the appropriate amount of costs, if any, to be assessed in a contested case. These costs shall be reasonable and proportionate in light of the violation committed by the licensee or other person.
(b)
(1)
Any elected officer of the board or any duly appointed or elected chair has the authority to administer oaths to witnesses. Upon probable cause being established, the board, by a vote of two-thirds (2/3) of the members to which the board is entitled, may issue subpoenas for the attendance of witnesses and the production of documents and records.
(2)
Service of a subpoena issued by the board shall be made by the sheriff of the county of residence of the licensee or person upon whom the subpoena is served.
(3)
(A)
A licensee or person served by subpoena shall have thirty (30) days to request in writing a hearing before the board for the sole purpose of making a special appearance to quash or modify the subpoena. The subpoena for attendance of the person or the production of books and records shall be stayed until the board votes upon the request to quash or modify the subpoena. A majority vote of the members to which the board is entitled shall be required to quash or modify a subpoena.
(B)
A motion to appeal from a decision by the board regarding a request to quash or modify a subpoena shall be made to the chancery court in Davidson County within fifteen (15) days of such decision.
(4)
If any witness fails or refuses to obey a subpoena issued by it, the board is authorized to make application to any court of record in this state within the jurisdiction of which the witness is found or resides, and the court shall have power to attach the body of the witness and compel the witness to appear before the board and give testimony or produce books, records or papers as ordered. Any failure to obey the court order may be punished by the court issuing the order as a civil contempt.
(5)
Each witness who appears before the board by order of the board shall receive for attendance the compensation provided by law for attendance of witnesses in a court of record, which shall be paid from the funds of the board in the same manner as all other expenses of the board are paid.
Acts 1999, ch. 438, § 3.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 17 - LICENSURE ACT FOR COMMUNICATION DISORDERS AND SCIENCES (§§ 63-17-101 — 63-17-302) › Part 1 - SPEECH LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS (§§ 63-17-101 — 63-17-128) › Section 63-17-101 - Short title

This chapter shall be known and may be cited as the "Licensure Act for Communication Disorders and Sciences."
Acts 1973, ch. 93, § 1; T.C.A., § 63-1701; Acts 1994, ch. 849, § 5; 1995, ch. 481, § 25.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 17 - LICENSURE ACT FOR COMMUNICATION DISORDERS AND SCIENCES (§§ 63-17-101 — 63-17-302) › Part 1 - SPEECH LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS (§§ 63-17-101 — 63-17-128) › Section 63-17-102 - Purpose

It is the purpose and intent of the general assembly by this enactment to safeguard the public health, safety and welfare, to protect the public from being misled by incompetent, unscrupulous and unauthorized persons and to protect the public from unprofessional conduct by qualified speech language pathologists and audiologists and hearing instrument specialists, by providing regulatory authority over persons offering speech language pathology, audiology and hearing instrument dispensing services to the public.
Acts 1973, ch. 93, § 2; T.C.A., § 63-1702; Acts 1994, ch. 849, § 5; 1995, ch. 481, §§ 34, 37.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 17 - LICENSURE ACT FOR COMMUNICATION DISORDERS AND SCIENCES (§§ 63-17-101 — 63-17-302) › Part 1 - SPEECH LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS (§§ 63-17-101 — 63-17-128) › Section 63-17-105 - Powers and duties of board

(a)
The board is authorized to:
(1)
Administer, coordinate and enforce this chapter, evaluate the qualifications of applicants, supervise the examination for applicants, and may issue subpoenas, examine witnesses and administer oaths and shall investigate persons engaging in practices that violate this chapter;
(2)
Conduct such hearings and keep such records and minutes as shall be necessary to an orderly dispatch of business;
(3)
Adopt and publish responsible rules and regulations, including, but not limited to, regulations that establish ethical standards of practice and may amend or repeal the same; and
(4)
Govern and control every person who holds a license or is registered to practice in the field of communication disorders and sciences in this state by the rules of professional conduct adopted by the board.
(b)
The conferral or enumeration of specific powers elsewhere in this chapter shall not be construed as a limitation of the general powers conferred by this section.
Acts 1973, ch. 93, § 5; T.C.A., § 63-1705; Acts 1995, ch. 481, § 38; 2005, ch. 330, § 2.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 17 - LICENSURE ACT FOR COMMUNICATION DISORDERS AND SCIENCES (§§ 63-17-101 — 63-17-302) › Part 1 - SPEECH LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS (§§ 63-17-101 — 63-17-128) › Section 63-17-106 - Compensation of board

The board members shall receive no compensation for their services, but may receive fifty dollars ($50.00) per diem when actually engaged in the discharge of their official duties and, in addition, shall be reimbursed for all travel and other necessary expenses. All reimbursement 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.
Acts 1973, ch. 93, § 6; 1976, ch. 806, § 1(122); 1981, ch. 167, § 1; T.C.A., § 63-1706.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 17 - LICENSURE ACT FOR COMMUNICATION DISORDERS AND SCIENCES (§§ 63-17-101 — 63-17-302) › Part 1 - SPEECH LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS (§§ 63-17-101 — 63-17-128) › Section 63-17-107 - Employees of board

(a)
The board shall employ and, at its pleasure, discharge, a secretary and such attorneys, inspectors, clerks and any other employees it deems necessary and shall outline their duties and fix their compensation.
(b)
The amount of per diem and travel expenses shall be paid in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
Acts 1973, ch. 93, § 7; 1976, ch. 806, § 1(122); T.C.A., § 63-1707.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 17 - LICENSURE ACT FOR COMMUNICATION DISORDERS AND SCIENCES (§§ 63-17-101 — 63-17-302) › Part 1 - SPEECH LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS (§§ 63-17-101 — 63-17-128) › Section 63-17-108 - Seal - Records as evidence

(a)
The board shall adopt a seal by which it shall authenticate its proceedings.
(b)
Copies of the proceedings, records and acts of the board and certificates purporting to relate the facts concerning such proceedings, records and acts, signed by the secretary and authenticated by the seal, shall be prima facie evidence in all courts of the state.
Acts 1973, ch. 93, § 8; T.C.A., § 63-1708.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 17 - LICENSURE ACT FOR COMMUNICATION DISORDERS AND SCIENCES (§§ 63-17-101 — 63-17-302) › Part 1 - SPEECH LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS (§§ 63-17-101 — 63-17-128) › Section 63-17-109 - Disposition of fees - Allotment of funds

(a)
All fees coming into the custody of the board, including examination fees, license fees, renewal fees, fines, penalties and other payments, shall be paid by the board to the state treasurer and become a part of the general fund.
(b)
The commissioner of finance and administration shall make allotments of the general fund for proper expenditures of the board, and no expenditure shall be made by the board until allotment for the expenditure has been made by the commissioner. Such allotments for the operation of the board shall be disbursed under the general budgetary laws of the state.
Acts 1973, ch. 93, § 9; T.C.A., § 63-1709; modified.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 17 - LICENSURE ACT FOR COMMUNICATION DISORDERS AND SCIENCES (§§ 63-17-101 — 63-17-302) › Part 1 - SPEECH LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS (§§ 63-17-101 — 63-17-128) › Section 63-17-111 - Examination of applicants

(a)
Each person desiring to obtain a license from the board shall make application to the board upon a form and in such a manner as the board prescribes in regulations adopted pursuant to this chapter. Each applicant shall be examined by the committee and shall pay to the board, at least thirty (30) days prior to the date of the examination, the examination fee prescribed by the board, which fee will not be refunded.
(b)
The board may examine by written or oral examination or by both. The examination shall be given at least twice a year at the time and place and under such supervision as the board may determine. Standards for acceptable performance shall be determined by the board.
(c)
The board may waive the written examination if the applicant has successfully passed a comparable examination.
(d)
The board may examine or direct the applicant to be examined for knowledge in whatever theoretical or applied fields in speech language pathology or audiology as it deems appropriate. It may examine the candidate with regard to the candidate's professional skills and the candidate's judgment in the utilization of speech language pathology or audiology techniques and methods.
(e)
The board shall grade the written examination or direct it to be graded and keep the written examination papers for at least one (1) year.
(f)
The board shall keep an accurate transcript of the oral examination and keep such transcripts as part of its records for at least one (1) year following the date of examination.
(g)
A speech language pathologist or audiologist who holds an American Speech and Hearing Association (ASHA) certification or equivalent, or holds a doctor of audiology degree (Au.D.) from an accredited institution of higher learning and has passed the examination required for licensure under §
63-17-110(b)(2)
or is licensed in another state and who has made application to the board for a license in this state may perform activities and services of a speech language pathology or audiological nature without a valid license pending disposition of application.
Acts 1973, ch. 93, § 11; T.C.A., § 63-1711; Acts 1994, ch. 849, §§ 8, 14; 1995, ch. 481, § 39; 2001, ch. 288, § 1; 2003 , ch. 172, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 17 - LICENSURE ACT FOR COMMUNICATION DISORDERS AND SCIENCES (§§ 63-17-101 — 63-17-302) › Part 1 - SPEECH LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS (§§ 63-17-101 — 63-17-128) › Section 63-17-112 - Issuance of license

The board shall issue a license to all applicants who meet the requirements of this chapter and who pay to the board the initial license fee.
Acts 1973, ch. 93, § 12; T.C.A., § 63-1712.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 17 - LICENSURE ACT FOR COMMUNICATION DISORDERS AND SCIENCES (§§ 63-17-101 — 63-17-302) › Part 1 - SPEECH LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS (§§ 63-17-101 — 63-17-128) › Section 63-17-113 - Reciprocity

(a)
The board shall waive the examination and grant a license to an applicant who presents proof of current licensure in a state that has standards equivalent to those of this state.
(b)
(1)
When the board receives a completed application for licensure from an applicant who is licensed in another state or territory of the United States or in the District of Columbia, then the board shall, within sixty (60) days from the date the board receives the completed application:
(A)
Render a decision on the application; or
(B)
Inform the applicant of the need to appear before the board.
(2)
As used in this subsection (b), "completed application" means an application that satisfies all statutory and board rule requirements.
Amended by 2023 Tenn. Acts, ch. 426,s 14, eff. 5/11/2023.
Acts 1973, ch. 93, § 13; T.C.A., § 63-1713.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 17 - LICENSURE ACT FOR COMMUNICATION DISORDERS AND SCIENCES (§§ 63-17-101 — 63-17-302) › Part 1 - SPEECH LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS (§§ 63-17-101 — 63-17-128) › Section 63-17-115 - Fees

(a)
The amount of fees prescribed in connection with a license as a speech language pathologist or audiologist shall be determined by the board.
(b)
An applicant wishing to be licensed in both speech language pathology and audiology shall pay the examination fee for each license. Such individual, however, is required to pay only one (1) initial license fee and only one (1) renewal or delinquency fee; provided, that the applications for the two (2) licenses are submitted simultaneously.
(c)
The fees shall be fixed by the board and shall be set forth with the regulations that are duly adopted under this chapter.
(d)
Every person to whom a license is issued shall, as a condition precedent to its issuance and in addition to any application, examination or other fee, pay the prescribed initial license fee. The board may, by regulation, provide for the waiver where the license is issued less than forty-five (45) days before the date on which it will expire.
Acts 1973, ch. 93, § 15; 1976, ch. 496, § 1; T.C.A., § 63-1715; Acts 1989, ch. 523, § 63; 1994, ch. 849, § 10.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 17 - LICENSURE ACT FOR COMMUNICATION DISORDERS AND SCIENCES (§§ 63-17-101 — 63-17-302) › Part 1 - SPEECH LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS (§§ 63-17-101 — 63-17-128) › Section 63-17-117 - Denial, revocation and suspension of licenses

(a)
The board may refuse to issue a license or may suspend or revoke the license of any licensee if the licensee has been found guilty of unprofessional conduct that has endangered or is likely to endanger the health, welfare or safety of the public. Such unprofessional conduct may include:
(1)
Obtaining the license by means of fraud, misrepresentation or concealment of material facts;
(2)
Being guilty of unprofessional conduct as defined by the rules established by the board or violating the code of ethics adopted and published by the board;
(3)
Violating any lawful order, rule or regulation rendered or adopted by the board; or
(4)
Violating any provisions of this chapter.
(b)
The board shall deny an application for, suspend or revoke or impose probationary conditions upon a license as ordered by the board in any decision made after a hearing as provided in this chapter. One (1) year from the date of revocation of a license under this chapter, application may be made to the board for reinstatement. The board has discretion to accept or reject an application for reinstatement and may require an examination for such reinstatement.
(c)
A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge of a felony or of any offense involving moral turpitude is deemed to be a conviction within the meaning of this chapter. However, an action taken under this subsection (c) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 1, part 1 of this title.
Amended by 2018 Tenn. Acts, ch. 745, s 34, eff. 7/1/2018.
Acts 1973, ch. 93, § 17; T.C.A., § 63-1717.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 17 - LICENSURE ACT FOR COMMUNICATION DISORDERS AND SCIENCES (§§ 63-17-101 — 63-17-302) › Part 1 - SPEECH LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS (§§ 63-17-101 — 63-17-128) › Section 63-17-119 - Enjoining violations

(a)
The board, in addition to the powers and duties expressly granted by this chapter in the matter of suspension or revocation of a license and in the matter of the refusal to issue a certificate, is authorized and empowered to petition any circuit or chancery court having jurisdiction to enjoin any person who is engaging in any act or practice that constitutes an offense against this chapter. No injunction bond shall be required of the board.
(b)
Jurisdiction is conferred upon the circuit and chancery courts of the state to hear and determine such causes as chancery causes and to exercise full and complete jurisdiction in such injunctive proceedings.
Acts 1973, ch. 93, § 19; T.C.A., § 63-1719.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 17 - LICENSURE ACT FOR COMMUNICATION DISORDERS AND SCIENCES (§§ 63-17-101 — 63-17-302) › Part 1 - SPEECH LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS (§§ 63-17-101 — 63-17-128) › Section 63-17-120 - Assistance of district attorneys general

The board at all times has the power to call upon the district attorneys general for the state in the various districts to assist the board. It is hereby declared to be the duty of all district attorneys general throughout the state to assist the board, upon its request, in any suit for injunction or prosecution instituted by the board without charge or additional compensation to the district attorneys general.
Acts 1973, ch. 93, § 20; T.C.A., § 63-1720.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 17 - LICENSURE ACT FOR COMMUNICATION DISORDERS AND SCIENCES (§§ 63-17-101 — 63-17-302) › Part 1 - SPEECH LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS (§§ 63-17-101 — 63-17-128) › Section 63-17-121 - Penalties

A violation of this chapter is a Class B misdemeanor.
Acts 1973, ch. 93, § 21; T.C.A., § 63-1721; Acts 1989, ch. 591, § 112.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 17 - LICENSURE ACT FOR COMMUNICATION DISORDERS AND SCIENCES (§§ 63-17-101 — 63-17-302) › Part 1 - SPEECH LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS (§§ 63-17-101 — 63-17-128) › Section 63-17-124 - Continuing education

The board has the authority to promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, establishing mandatory continuing education. The board's rules shall require a minimum of ten (10) hours per year of continuing education.
Acts 1994, ch. 849, § 3.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 17 - LICENSURE ACT FOR COMMUNICATION DISORDERS AND SCIENCES (§§ 63-17-101 — 63-17-302) › Part 1 - SPEECH LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS (§§ 63-17-101 — 63-17-128) › Section 63-17-125 - Return of purchased hearing instruments

(a)
Within thirty (30) days of the date of delivery, any purchaser of a hearing instrument from an audiologist licensed by the board to practice the assessing, selecting, fitting or dispensing or engaging in the sale of hearing instruments to the human ear is entitled to return the hearing instrument for any reason; provided, that such instrument is returned in satisfactory condition, and such purchaser shall pay only reasonable charges for the hearing instrument and related services. Such return privileges apply only to a first-time purchaser of a hearing instrument.
(b)
Charges to be imposed upon return of a hearing instrument as provided in subsection (a) shall be clearly stated in the bill of sale.
(c)
This section shall not be construed to supersede any duly promulgated regulation issued by the federal trade commission.
Acts 1994, ch. 849, § 12; 1995, ch. 481, § 30.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 17 - LICENSURE ACT FOR COMMUNICATION DISORDERS AND SCIENCES (§§ 63-17-101 — 63-17-302) › Part 1 - SPEECH LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS (§§ 63-17-101 — 63-17-128) › Section 63-17-126 - Standards of conduct

When engaging in assessment, selection, fitting and sale of amplification systems or other assistive devices and technologies, a licensed audiologist shall perform such activities in compliance with the highest standards of professional conduct specifically prescribed for such activities by the United States food and drug administration, the Academy of Dispensing Audiologists, the American Academy of Audiology, the American Speech-Language-Hearing Association and the council for licensing hearing instrument specialists. Through promulgation of rules, publication and distribution of pamphlets, and/or other appropriate means, the board shall periodically notify and update all licensed audiologists concerning the applicable standards of conduct enforced pursuant to this section.
Acts 1994, ch. 849, § 13; 1995, ch. 481, § 40.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 17 - LICENSURE ACT FOR COMMUNICATION DISORDERS AND SCIENCES (§§ 63-17-101 — 63-17-302) › Part 1 - SPEECH LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS (§§ 63-17-101 — 63-17-128) › Section 63-17-127 - Inactive licenses to perform pro bono services

The board shall establish by rule an inactive license category that allows audiologists and speech language pathologists to perform services without compensation only for those persons receiving services from organizations that have received a determination of exemption under § 501(c)(3) of the Internal Revenue Code (
26 U.S.C. § 501(c)(3)
). Such inactive license category shall not authorize any other practice of audiology or speech language pathology.
Acts 1997 , ch. 345, § 5.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 17 - LICENSURE ACT FOR COMMUNICATION DISORDERS AND SCIENCES (§§ 63-17-101 — 63-17-302) › Part 1 - SPEECH LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS (§§ 63-17-101 — 63-17-128) › Section 63-17-128 - Registration as a speech language pathology assistant

(a)
No person shall engage in practice as a speech language pathology assistant unless that person has first registered with the board.
(b)
A person who desires to register as a speech language pathology assistant shall provide proof that the person meets the minimum qualifications established by the board for speech language pathology assistants in its rules and shall pay the registration fees set by the board. The minimum qualifications previously established by the board in its rules shall remain in effect unless and until amended by the board.
(c)
Registration shall be valid for two (2) years. Each person registered as a speech language pathology assistant shall renew the person's registration biennially if that person desires to continue practicing as a speech language pathology assistant. The board may utilize the renewal system as described in §
63-1-107
.
(d)
The amount of the fees required to be paid by speech language pathology assistants in connection with their registration shall be determined by the board.
(e)
Sections
63-17-117
- 63-17-120 shall apply to speech language pathology assistants in the same way they apply to speech language pathologists.
(f)
The board's rules shall require that each registered speech language pathology assistant obtain the minimum number of hours of continuing education each year that the board deems necessary to ensure the continued competence of the speech language pathology assistant.
(g)
The board shall adopt rules to implement this section in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2005, ch. 330, § 3.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 17 - LICENSURE ACT FOR COMMUNICATION DISORDERS AND SCIENCES (§§ 63-17-101 — 63-17-302) › Part 2 - HEARING INSTRUMENT SPECIALISTS (§§ 63-17-201 — 63-17-224) › Section 63-17-201 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Apprentice licensee applicant" means any person who is registered with the council and, who is engaged in an approved licensing program and who is sponsored by a hearing instrument specialist duly licensed in this state. The apprentice licensee applicant shall meet the qualifications of §
63-17-207
;
(2)
"Apprentice program" means sixty (60) classroom hours of prescribed coursework under the direct supervision of a hearing instrument specialist, with such coursework pertaining to all aspects of hearing instrument dispensing;
(3)
"Board" means the board of communication disorders and sciences created by §
63-17-104
;
(4)
"Cerumen" means a wax like secretion from glands in the external auditory canal;
(5)
"Council" means the council for licensing hearing instrument specialists;
(6)
"Division" means the division of health related boards in the department of health;
(7)
"Hearing instrument" means any instrument or device designed for or represented as aiding, improving or correcting defective human hearing and any parts, attachments or accessories of such an instrument or device;
(8)
"Licensed hearing instrument specialist" means any person licensed by this part who has passed a council-approved psychometrically-sound examination for hearing instrument specialists;
(9)
"Otolaryngologist" means a physician specialist dedicated to the care of patients with disorders of the ears, nose, throat, and related structures of the head and neck, commonly referred to as ENTs;
(10)
"Practice of dispensing and fitting hearing instruments" includes:
(A)
The evaluation or measurement of the powers or range of human hearing by means of an audiometer for the consequent selection or adaptation for sale of hearing instruments intended to compensate for hearing loss, and the appropriate instructions, consultations, suggestions, recommendations, or opinions related to this practice;
(B)
Making an impression of the ear, or an ear mold; and
(C)
Cerumen management in the course of examining ears by a person who holds a certification of completion of a cerumen management course, as described in §
63-17-224
; and
(11)
"Sell" or "sale" includes any transfer of title or of the right to use by lease, bailment or any other contract, either oral or written, except wholesale sales to distributors or dispensers.
Amended by 2022 Tenn. Acts, ch. 622, Secs.s 1, s 2 eff. 7/1/2022.
Acts 1995, ch. 481, § 3.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 17 - LICENSURE ACT FOR COMMUNICATION DISORDERS AND SCIENCES (§§ 63-17-101 — 63-17-302) › Part 2 - HEARING INSTRUMENT SPECIALISTS (§§ 63-17-201 — 63-17-224) › Section 63-17-203 - Powers and duties of the council

The powers and duties of the council are to:
(1)
Supervise and administer qualifying examinations to test the knowledge and proficiency of applicants for a license;
(2)
License persons who apply to the council and who are qualified to practice the fitting of hearing instruments;
(3)
Purchase and maintain or rent audiometric equipment and facilities necessary to carry out the examination of applicants for license;
(4)
Issue and renew licenses, under the name of the board;
(5)
Deny, suspend or revoke licenses pursuant to this part;
(6)
Appoint representatives to conduct or supervise the examination of applicants for license;
(7)
Designate the time and place for examining applicants for license;
(8)
Make and publish rules and regulations not inconsistent with the laws of this state that are necessary to carry out this part. All rules relating to hearing instrument specialists shall be initiated and adopted by a majority of the members of the council and then shall be approved by a majority of the members of the board;
(9)
Require an annual calibration of audiometric equipment;
(10)
Provide all examinations required by this part. The council may contract with organizations to conduct examinations;
(11)
Establish minimum requirements of test procedure and test equipment to be used in the fitting of hearing instruments and also the retention of records of all fittings;
(12)
Inspect the facilities or records, or both, of persons who practice the fitting and selling of hearing instruments, upon a showing of probable cause of a violation of this part;
(13)
Require lists, set standards and approve programs for trainees as provided in §
63-17-207
;
(14)
Prescribe regulations requiring continuing education as a prerequisite for renewal of licenses to practice; and
(15)
Employ a consultant to assist the council in its duties.
Amended by 2016 Tenn. Acts, ch. 811, s 1, eff. 4/14/2016.
Acts 1995, ch. 481, § 5.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 17 - LICENSURE ACT FOR COMMUNICATION DISORDERS AND SCIENCES (§§ 63-17-101 — 63-17-302) › Part 2 - HEARING INSTRUMENT SPECIALISTS (§§ 63-17-201 — 63-17-224) › Section 63-17-204 - Meetings

(a)
The council shall meet at least once each year at a place and time determined by the chair. The council shall also meet at such other times and places as may be appropriate to carry out the purposes of this part.
(b)
(1)
Any member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year shall be removed as a member of the council.
(2)
The presiding officer of the council shall promptly notify, or cause to be notified, the appointing authority of any member who fails to satisfy the attendance requirement as prescribed in subdivision (b)(1).
Amended by 2016 Tenn. Acts, ch. 612, s 3, eff. 3/22/2016.
Acts 1995, ch. 481, § 6.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 17 - LICENSURE ACT FOR COMMUNICATION DISORDERS AND SCIENCES (§§ 63-17-101 — 63-17-302) › Part 2 - HEARING INSTRUMENT SPECIALISTS (§§ 63-17-201 — 63-17-224) › Section 63-17-205 - License required

(a)
No person shall engage in the sale of or practice of dispensing and fitting hearing instruments or display a sign or in any other way advertise or hold out to be a hearing instrument specialist unless direct hands-on testing and follow-up services are provided to persons to whom the hearing instrument specialist has dispensed and/or sold a hearing instrument, and such person holds a current, unsuspended, unrevoked license issued by the council as provided in this part.
(b)
The license required by this section shall be kept conspicuously posted in the specialist's principal office or place of business at all times.
Acts 1995, ch. 481, § 7.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 17 - LICENSURE ACT FOR COMMUNICATION DISORDERS AND SCIENCES (§§ 63-17-101 — 63-17-302) › Part 2 - HEARING INSTRUMENT SPECIALISTS (§§ 63-17-201 — 63-17-224) › Section 63-17-206 - Construction - Application

(a)
This part shall not be construed to prevent any person who is a physician licensed to practice by the board of medical examiners from treating or fitting hearing instruments to the human ear.
(b)
It is lawful for any person, who meets the requirements of §§
63-17-205
and
63-17-207
and, who is listed as an apprentice licensee applicant with the council and who is under the direct supervision of a sponsoring licensed hearing instrument specialist to perform any of the services or acts included in the definition of hearing instrument dispensing and fitting as contained in this part; provided, that such person does so under the direct supervision of the licensed hearing instrument specialist and with the licensed dispenser making final selection and fitting to the client. No licensed dispenser shall supervise more than two (2) such apprentice licensee applicants or apprentice licensees combined at the same time.
(c)
This part shall not be construed to prevent any person who is an audiologist licensed by the board from practicing audiology as defined in §
63-17-103
, nor to prevent any person who is a speech-language pathologist licensed by the board from practicing speech-language pathology as defined in §
63-17-103
.
Acts 1995, ch. 481, § 8.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 17 - LICENSURE ACT FOR COMMUNICATION DISORDERS AND SCIENCES (§§ 63-17-101 — 63-17-302) › Part 2 - HEARING INSTRUMENT SPECIALISTS (§§ 63-17-201 — 63-17-224) › Section 63-17-207 - Preliminary application requirements - Fees

(a)
An applicant for a license shall:
(1)
Be at least eighteen (18) years of age; and
(2)
Have an education equivalent to two (2) years of accredited college level coursework or national board for certification in hearing instrument sciences (NBC-HIS) board certification.
(b)
Such applicant shall pay a nonrefundable application fee as set by the council no later than forty-five (45) days in advance of the next scheduled examination.
Amended by 2019 Tenn. Acts, ch. 323, s 1, eff. 5/8/2019.
Acts 1995, ch. 481, § 9.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 17 - LICENSURE ACT FOR COMMUNICATION DISORDERS AND SCIENCES (§§ 63-17-101 — 63-17-302) › Part 2 - HEARING INSTRUMENT SPECIALISTS (§§ 63-17-201 — 63-17-224) › Section 63-17-208 - Apprentice license

(a)
Applicants who meet the requirements of §
63-17-207
with respect to age and education may apply for an apprentice license.
(b)
The apprentice licensee shall function under the direct supervision of the sponsoring licensed hearing instrument specialist for a period of at least three (3) months after submitting an application, and during such three-month period, the sponsoring licensed dispenser must make the final selection and fitting of the hearing instrument.
(c)
During the apprentice period, the apprentice licensee shall complete sixty (60) classroom hours of prescribed coursework.
(d)
The apprentice license will remain in effect no longer than one (1) year and cannot be renewed.
(e)
Applicants for an apprentice license shall pay the council a nonrefundable fee as set by the council.
Amended by 2016 Tenn. Acts, ch. 811, Secs.s 2, s 3, s 4 eff. 4/14/2016.
Acts 1995, ch. 481, § 10.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 17 - LICENSURE ACT FOR COMMUNICATION DISORDERS AND SCIENCES (§§ 63-17-101 — 63-17-302) › Part 2 - HEARING INSTRUMENT SPECIALISTS (§§ 63-17-201 — 63-17-224) › Section 63-17-209 - Examination

(a)
Upon the payment of an examination fee as set by the council, an applicant for a license who is notified by the council that the applicant has fulfilled the requirements of §
63-17-207
shall appear at a time, place and before such persons as the council may designate to be examined by written and practical tests in order to demonstrate that such applicant is qualified to practice the fitting of hearing instruments.
(b)
The council shall give at least one (1) examination of the type prescribed in this section each year and such additional examinations as the volume of applications may make appropriate.
Amended by 2016 Tenn. Acts, ch. 811, s 5, eff. 4/14/2016.
Acts 1995, ch. 481, § 11.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 17 - LICENSURE ACT FOR COMMUNICATION DISORDERS AND SCIENCES (§§ 63-17-101 — 63-17-302) › Part 2 - HEARING INSTRUMENT SPECIALISTS (§§ 63-17-201 — 63-17-224) › Section 63-17-210 - Examination requirements

(a)
The examination provided in §
63-17-209
shall consist of:
(1)
Tests of knowledge in the following areas as they pertain to the fitting of hearing instruments:
(A)
Basic physics of sound;
(B)
The human hearing mechanism, including the science of hearing and the causes and rehabilitation of abnormal hearing and hearing disorders; and
(C)
Structure and function of hearing instruments;
(2)
Tests of proficiency in the following techniques as they pertain to the fitting of hearing instruments:
(A)
Pure tone audiometry, including air conduction testing and bone conduction testing;
(B)
Live voice or recorded voice speech audiometry, including speech reception threshold testing and speech discrimination testing;
(C)
Effective masking;
(D)
Recording and evaluation of audiograms and speech audiometry to determine hearing instrument candidacy;
(E)
Selection and adaption of hearing instruments and testing of hearing instruments;
(F)
Taking earmold impressions; and
(G)
Other skills as may be required for the fitting of hearing instruments; and
(3)
Tests of knowledge of the provisions and requirements of this part.
(b)
The tests under this section shall not include questions requiring a medical or surgical education.
Acts 1995, ch. 481, § 12.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 17 - LICENSURE ACT FOR COMMUNICATION DISORDERS AND SCIENCES (§§ 63-17-101 — 63-17-302) › Part 2 - HEARING INSTRUMENT SPECIALISTS (§§ 63-17-201 — 63-17-224) › Section 63-17-211 - Provisions for fees

(a)
(1)
Upon payment of an initial license fee as determined by the council, the council shall issue a license to each applicant who passes the examination. Such initial license shall expire as provided by rules and regulations promulgated by the board.
(2)
During the second year of a biennial renewal period, the initial license fee shall be one-half (1/2) of the biennial renewal fee.
(b)
The council may, in its discretion, license as a hearing instrument specialist, without examination, on the payment of a fee as set by the council, an applicant who is a hearing instrument specialist, certified, registered or licensed under the laws of another state or country, if the applicant's qualifications for certification, registration or licensure meet the licensure requirements in force in this state upon the date of the specialist's application for certification, registration or licensure in this state.
Acts 1995, ch. 481, § 13.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 17 - LICENSURE ACT FOR COMMUNICATION DISORDERS AND SCIENCES (§§ 63-17-101 — 63-17-302) › Part 2 - HEARING INSTRUMENT SPECIALISTS (§§ 63-17-201 — 63-17-224) › Section 63-17-212 - Notification of change of address

Each licensee shall notify the council of any change of address of the licensee's place of business, within thirty (30) days of such change. Failure to give such notice shall be deemed just cause for disciplinary action by the council.
Acts 1995, ch. 481, § 14.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 17 - LICENSURE ACT FOR COMMUNICATION DISORDERS AND SCIENCES (§§ 63-17-101 — 63-17-302) › Part 2 - HEARING INSTRUMENT SPECIALISTS (§§ 63-17-201 — 63-17-224) › Section 63-17-213 - Registry of license holders - Review of qualifications

The council shall issue, under the board's name, all licenses approved by the council, and the board and shall maintain a registry of all license holders. It is the duty of the council to review and approve the qualifications of applicants for certification or renewal as hearing instrument specialists.
Acts 1995, ch. 481, § 15.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 17 - LICENSURE ACT FOR COMMUNICATION DISORDERS AND SCIENCES (§§ 63-17-101 — 63-17-302) › Part 2 - HEARING INSTRUMENT SPECIALISTS (§§ 63-17-201 — 63-17-224) › Section 63-17-215 - Expenses of board and council paid by fees

The fees relating to the practice of dispensing hearing instruments shall be set by the board in an amount sufficient to pay all of the expenses of the council, as well as all of the expenses of the board that are directly attributable to the performance of its duties pursuant to this part. Expenditures of the council for investigations and disciplinary actions shall be the financial responsibility of the licensees who are regulated by such council.
Acts 1995, ch. 481, § 17.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 17 - LICENSURE ACT FOR COMMUNICATION DISORDERS AND SCIENCES (§§ 63-17-101 — 63-17-302) › Part 2 - HEARING INSTRUMENT SPECIALISTS (§§ 63-17-201 — 63-17-224) › Section 63-17-216 - Sale of hearing instruments

(a)
Any person who engages in the practice of dispensing and fitting hearing instruments shall deliver to each person supplied with a hearing instrument, by the dispensing person's or at the dispensing person's order or direction, a bill of sale that contains each of the following:
(1)
The signature of the licensed hearing instrument specialist, the address of the specialist's regular place of business and the specialist's license number and license expiration date;
(2)
The make and model of the hearing instrument supplied, and the amount charged for the hearing instrument and whether the hearing instrument is new, used or rebuilt;
(3)
A clear statement of the terms of sale, including the provisions required by §
63-17-217
; and
(4)
The name and address of the council and a statement that the council will receive complaints on any matter relating to the fitting and dispensing of hearing instruments.
(b)
Any sale of a hearing instrument is subject to the same conditions and provisions as are prescribed by the United States food and drug administration and the federal trade commission.
(c)
Any hearing aid that is sold, fitted or dispensed to a consumer in this state shall be clearly and permanently marked with:
(1)
The name of the manufacturer or distributor or the model name or number;
(2)
The serial number; and
(3)
The year of manufacture.
Acts 1995, ch. 481, § 18; 2003 , ch. 70, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 17 - LICENSURE ACT FOR COMMUNICATION DISORDERS AND SCIENCES (§§ 63-17-101 — 63-17-302) › Part 2 - HEARING INSTRUMENT SPECIALISTS (§§ 63-17-201 — 63-17-224) › Section 63-17-217 - Return of purchased hearing instruments

(a)
Within thirty (30) days of the date of delivery, any purchaser of a hearing instrument from a licensee is entitled to return the hearing instrument for any reason; provided, that such instrument is returned in satisfactory condition and such purchaser pays only reasonable charges for the hearing instrument and related services. Such return privileges apply only to a first time purchaser of a hearing instrument.
(b)
Charges to be imposed upon return of a hearing instrument as provided in subsection (a) shall be clearly stated in the bill of sale.
(c)
This section shall not be construed to supersede any duly promulgated regulation issued by the federal trade commission.
Acts 1995, ch. 481, § 19.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 17 - LICENSURE ACT FOR COMMUNICATION DISORDERS AND SCIENCES (§§ 63-17-101 — 63-17-302) › Part 2 - HEARING INSTRUMENT SPECIALISTS (§§ 63-17-201 — 63-17-224) › Section 63-17-218 - Liability of sponsors

Any person sponsoring an apprentice licensee and/or apprentice licensee applicant under this part shall be held responsible for the acts or omissions of the sponsor's apprentice licensee and/or apprentice licensee applicant within the course and scope of the licensee's or applicant's employment, during the apprenticeship, as well as the sponsor's employees.
Acts 1995, ch. 481, § 20.