2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-170 - Restrictions on healthcare prescriber's license while subject of indictment for offense involving controlled substance violation or sexual offense - Revocation upon conviction - Suspension for failure to collaborate with physician

(a)
Notwithstanding any law, if the licensing authority of a healthcare prescriber learns that the healthcare prescriber is the subject of an indictment for a federal or state criminal offense that involves a controlled substance violation or sexual offense, then the chair of the licensing authority or administrative staff of the licensing authority designated by the chair shall automatically and immediately restrict the license of the healthcare prescriber by removing the prescriber's authorization to prescribe Schedule II controlled substances in this state until the case against the healthcare prescriber reaches final disposition. The chair of the licensing authority or administrative staff of the licensing authority designated by the chair shall immediately send written notice of the license restriction to the healthcare prescriber. Upon receipt of sufficient proof, the chair of the licensing authority or administrative staff of the licensing authority designated by the chair shall remove the license restriction if:
(1)
The healthcare prescriber is acquitted by a verdict of the jury upon the merits; or
(2)
The prosecution is dismissed, or a nolle prosequi is entered by the prosecuting authority.
(b)
Notwithstanding any law, if the licensing authority of a healthcare prescriber learns that the healthcare prescriber is convicted of a federal or state criminal offense that involves a controlled substance violation or sexual offense, then the chair of the licensing authority or administrative staff of the licensing authority designated by the chair shall automatically and immediately, without further action by the licensing authority, revoke the license of the healthcare prescriber. The chair of the licensing authority or administrative staff of the licensing authority designated by the chair shall immediately send written notice of the license revocation to the healthcare prescriber. If the conviction on which the revocation is based is subsequently overturned or reversed, then the chair of the licensing authority or administrative staff of the licensing authority designated by the chair shall:
(1)
Grant the prescriber a new license if the prescriber otherwise satisfies the qualifications for licensure under this title and the criminal charges against the prescriber involving a controlled substance violation or sexual offense have reached final disposition; or
(2)
Grant the prescriber a new license subject to the restriction described in subsection (a) if the prescriber otherwise satisfies the qualifications for licensure under this title, but the criminal charges against the prescriber involving a controlled substance violation or sexual offense have not reached final disposition.
(c)
(1)
Failure by a person licensed under and required by chapter 7 or 19 of this title to collaborate with a physician for any act within the person's licensed scope of practice constitutes a threat to the public health, safety, and welfare and imperatively requires emergency action by the person's licensing authority.
(2)
Notwithstanding any law, if the licensing authority of a person licensed under and required by chapter 7 or 19 of this title to collaborate with a physician for any act within the person's licensed scope of practice learns that the person has failed to comply with the collaboration requirement, then the chair of the licensing authority, or the chair's designee, shall direct the administrative staff to automatically and immediately, without further action of the licensing authority, suspend the license of the person until the licensing authority receives sufficient proof that the person is in compliance with the collaboration requirements of this title.
Added by 2021 Tenn. Acts, ch. 461, s 1, eff. 5/18/2021.