reglab/statecodes huggingface dataset:
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 3 - PAIN MANAGEMENT CLINICS (§§ 63-1-301 — 63-1-320) › Section 63-1-311 - Violations - Penalties

(a)
A violation of this part, or a rule adopted under this part, is grounds for disciplinary action against a practitioner providing services at a pain management clinic licensed under this part by the board that licensed that practitioner.
(b)
A practitioner who provides pain management services at an unlicensed pain management clinic is subject to disciplinary action against the practitioner's license, up to and including revocation, as well as an administrative penalty of no less than one thousand dollars ($1,000) per day of unlicensed operation and not exceeding five thousand dollars ($5,000) per day of unlicensed operation, imposed by the board that licensed that practitioner, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Before such a penalty may be assessed by the board, the board shall give at least thirty (30) days' notice to the practitioner of the alleged violation of this part.
(c)
Any owner of an unlicensed pain management clinic is subject to disciplinary action against the practitioner's license, up to and including revocation, as well as an administrative penalty of no less than one thousand dollars ($1,000) per day of unlicensed operation and not exceeding five thousand dollars ($5,000) per day of unlicensed operation, imposed by the department of health, in accordance with the Uniform Administrative Procedures Act. Any owner may also be charged the costs of any inspection or investigation pursuant to this part, as well as the costs of prosecution and other costs permitted under §
63-1-144
and that formed the basis of disciplinary action provided for in this part. Before such a penalty may be assessed by the department, the department shall give at least thirty (30) days' notice to the owners of the alleged violation of this part.
Amended by 2016 Tenn. Acts, ch. 1033,s 14, eff. 7/1/2017.
Amended by 2013 Tenn. Acts, ch. 430,Secs.s12, s13 eff. 5/16/2013.
Acts 2011, ch. 340, § 1.
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 3 - PAIN MANAGEMENT CLINICS (§§ 63-1-301 — 63-1-320) › Section 63-1-312 - Reserved

Repealed by 2016 Tenn. Acts, ch. 1033, s 15, eff. 7/1/2017.
Acts 2012 , ch. 869, § 6.
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 3 - PAIN MANAGEMENT CLINICS (§§ 63-1-301 — 63-1-320) › Section 63-1-313 - Dispensing of controlled substances by pain management clinics or medical personnel working at pain management clinics

(a)
Notwithstanding any provision of this title or title 53, chapters 10 and 11 to the contrary, no pain management clinic or medical doctor, osteopathic physician, advanced practice registered nurse with certificates of fitness to prescribe, or physician assistant working at a pain management clinic shall be permitted to dispense controlled substances; provided, however, that this subsection (a) shall not prohibit a medical doctor, osteopathic physician, advanced practice registered nurse with certificates of fitness to prescribe, or physician assistant working at a pain management clinic from providing to that practitioner's patient, without charge, a sample of a schedule IV or schedule V controlled substance in a quantity limited to an amount that is adequate to treat the patient for a maximum of seventy-two (72) hours or a sample of a non-narcotic schedule V controlled substance in a quantity limited to an amount that is adequate to treat the patient for a maximum of fourteen (14) days.
(b)
For the purposes of this section, "controlled substance" has the meaning given in §
39-17-402
.
Amended by 2016 Tenn. Acts, ch. 980,s 8, eff. 7/1/2016.
Amended by 2014 Tenn. Acts, ch. 842,s 1, eff. 4/29/2014.
Added by 2013 Tenn. Acts, ch. 336,s 1, eff. 7/1/2013.
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 3 - PAIN MANAGEMENT CLINICS (§§ 63-1-301 — 63-1-320) › Section 63-1-314 - Reporting on prescription drug abuse and pain management clinics

The commissioner of health and each appropriate occupational professional licensing board governing licensees who may legally prescribe or dispense controlled substances shall prepare a comprehensive report on actions relative to prescription drug abuse and pain management clinics to the general assembly no later than January 31 for actions in the prior calendar year. This report shall summarize the number of complaints received, frequent findings, and actions taken.
Added by 2013 Tenn. Acts, ch. 430,s 14, eff. 5/16/2013.
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 3 - PAIN MANAGEMENT CLINICS (§§ 63-1-301 — 63-1-320) › Section 63-1-315 - Inspection of office suspected of operating as unlicensed pain management clinic - Prohibited admission of new patients

(a)
Notwithstanding this title or title 68, for the purposes of determining if a health care provider's office is operating as a pain management clinic, the department of health is authorized to conduct an unannounced inspection process, which may include, but not be limited to, review of business and medical records, when the department has reasonable suspicion that the office is operating as an unlicensed pain management clinic. As part of this inspection process, the health care provider's office shall be required to produce evidence that the majority of its patient population is not receiving chronic nonmalignant pain treatment.
(b)
If the health care provider's office is unable during the inspection process to provide satisfactory evidence that the office does not meet the definition of a pain management clinic, there shall be a rebuttable presumption that the provider's office was operating as a pain management clinic in any administrative proceeding arising from such inspection process.
(c)
The requirements for evidence under this section shall be established by rule.
(d)
Any health care provider's office rebuttably presumed to be operating an unlicensed pain management clinic shall be prohibited from admitting any new patients to the practice immediately upon receipt of written notice to any provider at the clinic and all owners and providers at such clinic shall be subject to a hearing upon thirty (30) days' notice before the licensee's licensing board to consider whether the individual's license to practice should be revoked or otherwise disciplined. Pursuant to this part, the commissioner may promulgate rules providing for an informal advisory administrative hearing by a panel appointed by the commissioner to review the department's determination regarding the unlicensed operation of the clinic and to provide nonbinding recommendations to the commissioner concerning those determinations. The informal administrative hearing shall not be subject to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Individuals appointed to any panel pursuant to this part shall be considered "state employees" for purposes of title 8, chapter 42, and §
9-8-307
.
Added by 2016 Tenn. Acts, ch. 1033,s 1, eff. 7/1/2017.
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 3 - PAIN MANAGEMENT CLINICS (§§ 63-1-301 — 63-1-320) › Section 63-1-317 - Unlawful operation of pain management clinic - Investigation - Injunctive relief - Civil penalty

(a)
An entity or person who operates a pain management clinic without obtaining a license pursuant to this part commits a Class A misdemeanor. Each day of operation without a license constitutes a separate offense.
(b)
The commissioner of health may authorize an investigation of any person or entity to the extent necessary to determine if the person or entity is engaged in the unlawful operation of a pain management clinic.
(c)
The commissioner may, through the office of the attorney general and reporter, apply for injunctive relief in any court of competent jurisdiction to enjoin any person from committing an act in violation of this part. Injunctive proceedings are in addition to, and not in lieu of, all penalties and other remedies prescribed in this part.
(d)
A person who aids or requires another person to violate this part or rules promulgated pursuant to this part, who permits a license issued by the commissioner to be used by any person other than the licensee, or who acts to violate or evade this part or rules promulgated pursuant to this part is subject to a civil penalty of not more than five thousand dollars ($5,000) for each violation. Each day in violation of this part constitutes a separate violation.
Added by 2016 Tenn. Acts, ch. 1033,s 3, eff. 7/1/2017.
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 3 - PAIN MANAGEMENT CLINICS (§§ 63-1-301 — 63-1-320) › Section 63-1-319 - Annual report by medical director of pain management clinic

(a)
The medical director of each pain management clinic shall report annually to the department of health, on a form promulgated by the department, the following:
(1)
The number of physicians, physician assistants, and advanced practice registered nurses who are working in the clinic for each month;
(2)
The number of patients seen by the clinic for each month and the number receiving treatment for chronic nonmalignant pain;
(3)
Whether the pain management clinic is part of or associated with a hospital; and
(4)
Any other information requested by the department.
(b)
The department is authorized to promulgate a reporting form concerning such information as the commissioner may reasonably require, and establish the reporting period and dates for submission.
Added by 2016 Tenn. Acts, ch. 1033,s 5, eff. 7/1/2017.
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 3 - PAIN MANAGEMENT CLINICS (§§ 63-1-301 — 63-1-320) › Section 63-1-320 - Providing rules to health committee and health and welfare committee

Notwithstanding this part or the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, any rule promulgated to implement this part shall be provided to the chairs of the health committee of the house of representatives and the health and welfare committee of the senate by the secretary of state, after approval by the attorney general and reporter, at the same time the text of the rule is made available to the government operations committees of the senate and the house of representatives for purposes of conducting the review required by §
4-5-226
in order for the health committee of the house of representatives and the health and welfare committee of the senate to be afforded the opportunity to comment on the rule.
Added by 2016 Tenn. Acts, ch. 1033,s 17, eff. 7/1/2017.
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 4 - TREATMENT GUIDELINES (§§ 63-1-401 — 63-1-403) › Section 63-1-401 - Part definitions - Development of recommended treatment guidelines for prescribing opioids - Development of pain clinic guidelines - Study of co-prescription of naloxone with opioid - Review of guidelines - Notification of licensees

(a)
As used in this part:
(1)
"Commissioner" means the commissioner of health;
(2)
"Pain clinic guidelines" means systematically developed standards to assist healthcare providers and pain clinic certificate holders in making decisions concerning the appropriate medical care for chronic nonmalignant pain treatment, as defined in §
63-1-301
; and
(3)
"Treatment guidelines" means systematically developed statements to assist healthcare providers in making patient decisions concerning appropriate medical care for specific clinical circumstances and settings.
(b)
By January 1, 2016, the commissioner shall develop recommended treatment guidelines for prescribing opioids that can be used by prescribers in this state as a guide for caring for patients. This subsection (b) shall not apply to veterinarians.
(c)
By January 1, 2017, the commissioner shall develop recommended pain clinic standards for the operation of a pain management clinic, as defined in §
63-1-301
, that can be used by certified pain clinics in this state as a guide for operating a pain clinic. This subsection (c) shall not apply to veterinarians.
(d)
By January 1, 2020, the commissioner shall:
(1)
Study instances when co-prescribing of naloxone with an opioid is beneficial and publish the results to each prescribing board that licenses healthcare professionals who can legally prescribe controlled substances and to the board of pharmacy; and
(2)
Include the findings in the treatment guidelines for prescribing opioids developed pursuant to subsection (b).
(e)
The commissioner shall review treatment guidelines and the pain clinic guidelines by September 30 of each year and shall cause these guidelines to be posted on the department's website.
(f)
The treatment guidelines shall be submitted to each prescribing board that licenses health professionals who can legally prescribe controlled substances and to the board of pharmacy. Each board shall be charged with reviewing the treatment guidelines and determining how the treatment guidelines should be used by that board's licensees.
(g)
The pain clinic guidelines shall be submitted to each board that licenses individuals eligible to hold a pain clinic certificate for review and concurrence.
(h)
Each board shall notify all of its licensees through routine bulletins or newsletters of the existence of the guidelines and standards.
Amended by 2019 Tenn. Acts, ch. 327, s 1, eff. 5/8/2019.
Amended by 2015 Tenn. Acts, ch. 475, s 6, eff. 7/1/2015.
Added by 2013 Tenn. Acts, ch. 430, s 2, eff. 5/16/2013.
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 4 - TREATMENT GUIDELINES (§§ 63-1-401 — 63-1-403) › Section 63-1-402 - Prescribers required to hold a current federal DEA license and to complete continuing education - Exceptions to application of part

(a)
On or after July 1, 2014, all prescribers who hold a current federal drug enforcement administration (DEA) license and who prescribe controlled substances shall be required to complete a minimum of two (2) hours of continuing education related to controlled substance prescribing biennially to count toward the licensees' mandatory continuing education.
(b)
The continuing education must include instruction in the department's treatment guidelines on opioids, benzodiazepines, barbiturates, and carisoprodol, and may include such other topics as medicine addiction, risk management tools, and other topics as approved by the respective licensing boards.
(c)
This section shall not apply to veterinarians, providers practicing at a registered pain management clinic as defined in §
63-1-301
or to medical doctors or osteopathic physicians board certified by the American Board of Medical Specialties (ABMS), or American Osteopathic Association (AOA), or the American Board of Physician Specialties (ABPS) in one (1) or more of the following specialties or subspecialties:
(1)
Pain management;
(2)
Anesthesiology;
(3)
Physical medicine and rehabilitation;
(4)
Neurology; or
(5)
Rheumatology.
Added by 2013 Tenn. Acts, ch. 430,s 2, eff. 5/16/2013.
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 5 - HEALTH CARE EMPOWERMENT (§§ 63-1-501 — 63-1-504) › Section 63-1-501 - Short title

This part shall be known and may be cited as the "Health Care Empowerment Act."
Amended by 2020 Tenn. Acts, ch. 739, s 1, eff. 7/1/2020.
Added by 2016 Tenn. Acts, ch. 996, s 1, eff. 7/1/2016.
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 5 - HEALTH CARE EMPOWERMENT (§§ 63-1-501 — 63-1-504) › Section 63-1-503 - Purchase and payment of medical services or products outside of insurance plan or outside of TennCare or Medicare program not prohibited

(a)
(1)
Nothing in state law prohibits a patient or a legal representative of a patient from seeking care outside of an insurance plan, or outside of the TennCare or Medicare program, and paying for that care.
(2)
Nothing in state law prohibits a medical care provider licensed under this title, or a healthcare facility, licensed under title 33 or 68, from accepting payment for services or medical products outside of an insurance plan.
(3)
Nothing in state law prohibits a medical care provider licensed under this title, or a healthcare facility, licensed under title 33 or 68, from accepting payment for services or medical products provided to a TennCare or Medicare beneficiary.
(b)
A patient or legal representative does not forfeit insurance benefits, TennCare benefits, or Medicare benefits by purchasing medical services or medical products outside the system.
(c)
The offer and provision of medical services or medical products purchased and provided under this part is not an offer of insurance and is not regulated by the insurance laws of this state.
Amended by 2020 Tenn. Acts, ch. 739, s 1, eff. 7/1/2020.
Added by 2016 Tenn. Acts, ch. 996, s 1, eff. 7/1/2016.
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 5 - HEALTH CARE EMPOWERMENT (§§ 63-1-501 — 63-1-504) › Section 63-1-504 - Direct medical care agreement

(a)
A direct medical care agreement is not insurance and is not subject to regulation by the department of commerce and insurance.
(b)
Entering into a direct medical care agreement is not the business of insurance and is not subject to regulation under title 56.
(c)
A direct medical care provider, or the agent of a direct medical care provider, is not required to obtain a certification of authority or license under the Tennessee Insurance Producer Licensing Act of 2002, compiled in title 56, chapter 6, to market, sell, or offer to sell a direct medical care agreement.
(d)
A direct medical care agreement is not a discount medical plan.
(e)
A direct medical care agreement must:
(1)
Allow either party to terminate the agreement upon written notice to the other party;
(2)
Provide that fees are not earned by the direct medical care provider until the month paid by the periodic fee has been completed; and
(3)
Provide that, upon termination of this agreement by the individual patient, all unearned fees are to be returned to the patient.
Amended by 2020 Tenn. Acts, ch. 739, s 1, eff. 7/1/2020.
Added by 2016 Tenn. Acts, ch. 996, s 1, eff. 7/1/2016.
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 6 - OPIOD ABUSE OR DIVERSION (§§ 63-1-601 — 63-1-602) › Section 63-1-601 - Reporting suspected opiod abuse or diversion

(a)
The department of health shall accept allegations of opioid abuse or diversion. The department shall publicize a means of reporting allegations of opioid abuse or diversion.
(b)
Any entity that prescribes, dispenses, or handles opioids shall provide information to employees about reporting suspected opioid abuse or diversion. The information may be provided to each employee individually in writing, documented by the employing entity, or by posting, in a conspicuous location in a nonpublic area regularly used by employees, a sign at least eleven inches (11") in height and seventeen inches (17") in width stating:
NOTICE: PLEASE REPORT ANY SUSPECTED ABUSE OR DIVERSION OF OPIOIDS, OR ANY OTHER IMPROPER BEHAVIOR WITH RESPECT TO OPIOIDS, TO THE DEPARTMENT OF HEALTH'S COMPLAINT INTAKE LINE:
[NUMBER OF INTAKE LINE]
(c)
The department shall refer reports received to the appropriate health-related board or law enforcement official.
Added by 2018 Tenn. Acts, ch. 675, s 1, eff. 1/1/2019.
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 6 - OPIOD ABUSE OR DIVERSION (§§ 63-1-601 — 63-1-602) › Section 63-1-602 - Protection of employees or persons who report information relative to opiod abuse or diversion

(a)
No employee of an entity that prescribes, dispenses, or handles opioids shall be discharged or terminated solely for reporting information in good faith to the department of health.
(b)
No person licensed under this title shall suffer an adverse licensure action solely for reporting information in good faith to the department of health.
(c)
A person who reports information in good faith to the department of health is immune from civil liability related to the report.
Added by 2018 Tenn. Acts, ch. 675,s 1, eff. 1/1/2019.
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 7 - HEALTHCARE TASK FORCE TO REVIEW OF REIMBURSEMENT OF HEALTH PROFESSIONALS (§§ 63-1-701 — 63-1-707) › Section 63-1-701 - [ For Postponed Repealed, see T.C.A. § 63-1-707] Healthcare task force to review reimbursement of health professionals employed by agencies performing healthcare services

There is created a healthcare task force to review the reimbursement of health professionals employed by agencies performing healthcare services in this state. The duties of the task force include studying how reimbursement rates and wages impact the availability of a healthcare workforce, and other such duties imposed under this part.
Added by 2022 Tenn. Acts, ch. 1138, s 1, eff. 7/1/2022.
Repealed by 2022 Tenn. Acts, ch. 1138, s 1, eff. 12/31/2023.
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 7 - HEALTHCARE TASK FORCE TO REVIEW OF REIMBURSEMENT OF HEALTH PROFESSIONALS (§§ 63-1-701 — 63-1-707) › Section 63-1-702 - [ For Postponed Repealed, see T.C.A. § 63-1-707] Members

The task force is composed of fourteen (14) members as follows:
(1)
The commissioner of mental health and substance abuse services, or the commissioner's designee;
(2) The commissioner of disability and aging, or the commissioner's designee;
(3) The deputy commissioner of the bureau of TennCare within the department of finance and administration, or the deputy commissioner's designee;
(4) The commissioner of children's services or the commissioner's designee;
(5) The commissioner of labor and workforce development, or the commissioner's designee;
(6) The commissioner of health, or the commissioner's designee;
(7) [Repealed by 2024 amendment];
(8) One (1) member of the senate to be appointed by the speaker of the senate;
(9) One (1) member of the house of representatives to be appointed by the speaker of the house of representatives; and
(10) Six (6) public members from organizations representing the provider community that provide healthcare services, three (3) of whom are appointed by the speaker of the senate and three (3) of whom are appointed by the speaker of the house of representatives.
Amended by 2024 Tenn. Acts, ch. 688,s 145, eff. 7/1/2024.
Added by 2022 Tenn. Acts, ch. 1138, s 1, eff. 7/1/2022.
Repealed by 2022 Tenn. Acts, ch. 1138, s 1, eff. 12/31/2023.
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 7 - HEALTHCARE TASK FORCE TO REVIEW OF REIMBURSEMENT OF HEALTH PROFESSIONALS (§§ 63-1-701 — 63-1-707) › Section 63-1-703 - [ For Postponed Repealed, see T.C.A. § 63-1-707] Recommendation of strategic action plan

The task force shall recommend a strategic action plan to guide the administration and general assembly on how to:
(1)
Address the challenges of quality, affordability, and accessibility of healthcare professionals in this state;
(2) More effectively use public resources to address those challenges;
(3) Study the rates paid to healthcare workers employed in state government compared to healthcare workers in the private sector who perform the same function;
(4) Address the challenges facing health professionals, generally; and
(5) Address current workforce shortage challenges and future projections for such shortages.
Added by 2022 Tenn. Acts, ch. 1138, s 1, eff. 7/1/2022.
Repealed by 2022 Tenn. Acts, ch. 1138, s 1, eff. 12/31/2023.
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 7 - HEALTHCARE TASK FORCE TO REVIEW OF REIMBURSEMENT OF HEALTH PROFESSIONALS (§§ 63-1-701 — 63-1-707) › Section 63-1-704 - [ For Postponed Repealed, see T.C.A. § 63-1-707] Vacancies—Appointments—Chair and vice chair—Meetings—Majority vote— Quorum

(a)
The members of the task force are not compensated for their service on the task force, nor are they to receive per diem or travel expenses in carrying out their duties under this part.
(b)
Vacancies among the members of the task force must be filled in the same manner as the original selection of members.
(c)
In making appointments, the speaker of the senate and the speaker of the house of representatives shall strive to ensure that members of the task force are inclusive and reflect the geographic, urban, rural, and economic diversity of this state and are diverse in race, sex, perspective, and experience.
(d)
The commissioner of labor and workforce development shall serve as chair and shall call the first meeting of the task force no later than October 1, 2022, at which time the members shall elect a first vice chair and second vice chair from among the public members.
(e)
The task force shall meet at least once every two (2) months. The chair may call special meetings whenever necessary for the transaction of business. The chair shall notify each member of the task force of any special meeting at least five (5) days before the time fixed for the special meeting. A majority of the members of the task force may petition the chair to call a special meeting.
(f)
The task force may conduct regular or special meetings by conference call or video conference in accordance with the requirements of §
8-44-108
.
(g)
The task force shall agree upon findings and recommendations by a majority vote of the total membership of the task force. A majority of the members of the task force constitutes a quorum for the purpose of meeting and conducting business.
(h)
The chair of the task force may call on appropriate state agencies for reasonable assistance in the work of the task force.
(i)
The chair of the task force may utilize subcommittees composed of task force members. The chair may assign a member of the task force to a subcommittee as the chair deems necessary to the performance of task force responsibilities.
(j)
The task force has the authority to hire consultants to assist in the performance of the task force responsibilities, subject to a specific appropriation of state funds or the availability of existing state resources.
Added by 2022 Tenn. Acts, ch. 1138, s 1, eff. 7/1/2022.
Repealed by 2022 Tenn. Acts, ch. 1138, s 1, eff. 12/31/2023.
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 7 - HEALTHCARE TASK FORCE TO REVIEW OF REIMBURSEMENT OF HEALTH PROFESSIONALS (§§ 63-1-701 — 63-1-707) › Section 63-1-705 - [ For Postponed Repealed, see T.C.A. § 63-1-707] Duties of task force

The task force shall:
(1)
Develop a strategic action plan for increasing the availability of high-quality, affordable, and accessible healthcare professionals in this state;
(2)
Develop a strategic action plan to eliminate the need for agencies to consistently request budget increases and allow state agencies to pay their private partner providers adequately for work that is being performed under contract with the state;
(3)
Identify resources across state government to be streamlined, coordinated, and more effectively utilized to address healthcare workforce challenges;
(4)
Identify the healthcare staff positions that are the most difficult to fill and the reasons for the difficulty;
(5)
Study the efforts of other states in supporting their healthcare workforce, including salary comparisons for both state employees and private contractor employees, and make suggestions for implementing changes in this state;
(6)
Study the disparity in salary structures for the healthcare workforce in this state and its impact on healthcare worker shortages;
(7)
Identify processes to ensure that routine reviews of funding for healthcare services under the TennCare program are conducted and to ensure that adequate annual resources are being directed to the provider community; and
(8)
Review budgetary and regulatory actions taken to mitigate the healthcare workforce challenges in this state and to assess the irripact of these actions for future reference.
Added by 2022 Tenn. Acts, ch. 1138, s 1, eff. 7/1/2022.
Repealed by 2022 Tenn. Acts, ch. 1138, s 1, eff. 12/31/2023.
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 7 - HEALTHCARE TASK FORCE TO REVIEW OF REIMBURSEMENT OF HEALTH PROFESSIONALS (§§ 63-1-701 — 63-1-707) › Section 63-1-706 - [ For Postponed Repealed, see T.C.A. § 63-1-707] Interim progress report— Final report

(a)
The task force shall submit an interim progress report of its findings and recommendations to the speaker of the senate, the speaker of the house of representatives, the chair of the health and welfare committee of the senate, and the chair of the health committee of the house of representatives no later than July 1, 2023, and a final report of its findings and recommendations to such persons no later than December 31, 2023, at which time the task force ceases to exist.
(b)
The final report must include:
(1)
Findings and conclusions as outlined in § 63-1-705;
(2)
The full strategic action plan, with an executive summary; and
(3)
Recommendations for legislation deemed necessary to implement the strategic plan.
Added by 2022 Tenn. Acts, ch. 1138, s 1, eff. 7/1/2022.
Repealed by 2022 Tenn. Acts, ch. 1138, s 1, eff. 12/31/2023.
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 7 - HEALTHCARE TASK FORCE TO REVIEW OF REIMBURSEMENT OF HEALTH PROFESSIONALS (§§ 63-1-701 — 63-1-707) › Section 63-1-707 - Repealer

This part is repealed on December 31, 2023, unless the task force is reenacted or extended by the general assembly prior to such date.
Added by 2022 Tenn. Acts, ch. 1138, s 1, eff. 7/1/2022.
Repealed by 2022 Tenn. Acts, ch. 1138, s 1, eff. 12/31/2023.
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 8 - HEALTHCARE PROVIDER ADVERTISING LAW (§§ 63-1-801 — 63-1-803) › Section 63-1-801 - Short title

This part is known and may be cited as the "Healthcare Provider Advertising Law.
Added by 2024 Tenn. Acts, ch. 893,s 1, eff. 5/1/2024.
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 8 - HEALTHCARE PROVIDER ADVERTISING LAW (§§ 63-1-801 — 63-1-803) › Section 63-1-802 - Part definitions

As used in this part:
(1)
"Advertisement":
(A)
Means a printed, electronic, or oral statement:
(i)
That is communicated or disseminated to the general public;
(ii)
That:
(a)
Is intended to encourage a person to use a practitioner's professional services; or
(b)
Names, for commercial purposes, a practitioner in connection with the practice, profession, or institution in which the practitioner is employed, volunteers, or provides healthcare services; and
(iii)
That the practitioner or the practitioner's group practice has control over the preparation, communication, or dissemination of the statement; and
(B)
Includes the communication or dissemination as described in subdivision (1)(A) of any other communication or statement used in the course of business for the purpose of promoting a practitioner's services offered to the public;
(2)
"Deceptive or misleading information":
(A)
Means information that misrepresents or falsely describes a practitioner's profession, skill training, expertise, educational degree, or license; and
(B)
Includes physicians claiming to be a specialist or a subspecialist in a named specialty of medicine without having completed the requisite postgraduate residency or fellowship in that field. Acknowledged medical specialties are those listed by the Accreditation Council for Graduate Medical Education (ACGME) and American Osteopathic association (AOE);
(3)
"Educational degree" means the degree awarded to the practitioner by a college or university related to the practitioner's profession, which may be used under the scope of the practitioner's license, including use of its acronym;
(4)
"License" means the license, certification, registration, or other authorization from the healthcare practitioner's regulating entity that permits the healthcare practitioner to practice in this state;
(5)
"Practitioner":
(A)
Means an individual who holds a license pursuant to this title; and
(B)
Does not include a veterinarian licensed pursuant to the Tennessee Veterinary Practice Act, compiled in chapter 12 of this title; and
(6)
"Profession":
(A)
Means the name or title of the profession of which a practitioner is a member, as specifically allowed for use by individuals who hold a license, license by endorsement, certificate, or registration from a regulatory board under the board's governing statutes or rules; and
(B)
Does not include the license or educational degree of a practitioner.
Added by 2024 Tenn. Acts, ch. 893,s 1, eff. 5/1/2024.
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 8 - HEALTHCARE PROVIDER ADVERTISING LAW (§§ 63-1-801 — 63-1-803) › Section 63-1-803 - Requirements for practitioner advertising

(a)
An advertisement that includes a practitioner's name must prominently state the profession or license held by the practitioner.
(b)
A written advertisement that includes a practitioner's name must prominently state the profession or license held by the practitioner in a font size and style that makes the information readily apparent to the reader.
(c)
An advertisement must not include any deceptive or misleading information.
(d)
Subject to subsection (e), a practitioner who communicates or disseminates to the general public an advertisement that violates this section is subject to disciplinary sanctions by the board that issued the practitioner's license.
(e)
This section does not prohibit the use of an advertisement using the practitioner's profession, title, or designation associated with the practitioner's educational degree if the advertisement meets the requirements of subsection (a).
Added by 2024 Tenn. Acts, ch. 893,s 1, eff. 5/1/2024.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 2 - MEDICAL RECORDS (§§ 63-2-NEW — 63-2-103) › Section 63-2-NEW - [Newly enacted section not yet numbered]

(a)
A healthcare professional subject to this title who is considered a business associate, as that term is defined in
45 CFR § 160.103
, shall comply with:
(1)
The Health Insurance Portability and Accountability Act (HIPM) (
42 U.S.C. § 1320d
et seq.) and standards for privacy of individually identifiable health information required by 45 CFR Parts 160 and 164; and
(2)
Federal laws regulating information blocking, as that term is defined in
45 CFR § 171.103
.
(b)
Notwithstanding another law to the contrary, except as provided in subsection (c), a healthcare provider requesting a medical laboratory test for a patient shall not engage in information blocking as described in
42 U.S.C. § 300jj-52
.
(c)
The following reports, test results, and any other related results must not be disclosed by a designated entity, as defined under § 68-29-103, to a patient as part of the patient's electronic health record until seventy-two (72) hours after the results are finalized, unless the healthcare provider directs the release of the results before the end of that seventy-two-hour period:
(1)
Pathology reports or radiology reports that have a reasonable likelihood of showing a finding of new or recurring malignancy;
(2)
Tests that could reveal genetic markers;
(3)
A positive HIV test, except that this section does not prevent the disclosure of HIV test results, including viral load and CD4 count test results, to a patient living with HIV by secure internet website or other electronic means if the patient has previously been informed about the results of a positive HIV test pursuant to the requirements of this section; or
(4)
Presence of antigens indicating a hepatitis infection.
(d)
This section does not apply to a person or entity that is licensed under this title or title 68.
Added by 2024 Tenn. Acts, ch. 931,s 1, eff. 5/6/2024.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 2 - MEDICAL RECORDS (§§ 63-2-NEW — 63-2-103) › Section 63-2-103 - Authority to promulgate regulations regarding retention of physician medical records - Limit on retention of mammography records

(a)
The board of medical examiners is authorized to promulgate regulations regarding the retention of physician medical records as defined in §
63-2-101(c)
.
(b)
Notwithstanding any law or rule to the contrary, such retention of mammography records shall not exceed ten (10) years.
Added by 2013 Tenn. Acts, ch. 113,s 2, eff. 4/12/2013.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 3 - PODIATRISTS (§§ 63-3-101 — 63-3-214) › Part 1 - GENERAL PROVISIONS (§§ 63-3-101 — 63-3-128) › Section 63-3-102 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Board" means the board of podiatric medical examiners; and
(2)
"Division" means the division of health related boards of the department of health.
Acts 1931, ch. 31, § 3; C. Supp. 1950, § 7182.15 (Williams, § 7182.16); Acts 1971, ch. 188, § 1; T.C.A. (orig. ed.), § 63-302; Acts 1984, ch. 937, § 4; 2005, ch. 228, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 3 - PODIATRISTS (§§ 63-3-101 — 63-3-214) › Part 1 - GENERAL PROVISIONS (§§ 63-3-101 — 63-3-128) › Section 63-3-103 - Board of podiatric medical examiners - Members

(a)
A board of examiners is established, to be known by the name and title of "board of podiatric medical examiners."
(b)
The governor shall appoint four (4) persons who have been licensed podiatrists for a period of at least two (2) years in this state as members of this board. The terms of office shall be for four (4) years. In making appointments to the board of podiatric medical examiners, the governor shall strive to ensure that at least one (1) person serving on the board is sixty (60) years of age or older and that at least one (1) person serving on the board is a member of a racial minority.
(c)
Upon the expiration of the term of a member, the governor shall appoint the member's successor for a term of four (4) years.
(d)
The governor has the power to remove from office members of the board for neglect of duties as required by this chapter, or for malfeasance in office and incompetency or for unprofessional conduct. The governor has the authority to fill any vacancy caused by the removal of any member of the board by the member's resignation or death, from a list of all licensed podiatrists who have practiced not less than two (2) years in this state.
Acts 1931, ch. 31, § 3; mod. C. Supp. 1950, § 7182.13 (Williams, § 7182.14); Acts 1971, ch. 188, § 1; T.C.A. (orig. ed.), § 63-303; Acts 1988, ch. 1013, § 40; 1993, ch. 181, § 2; 2005, ch. 228, § 2; 2009, ch. 422, §§ 1, 2, 12.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 3 - PODIATRISTS (§§ 63-3-101 — 63-3-214) › Part 1 - GENERAL PROVISIONS (§§ 63-3-101 — 63-3-128) › Section 63-3-104 - Organization, meetings and compensation of board

(a)
The board shall elect a chair and a secretary from its own members.
(b)
The board shall hold one (1) regular meeting in each year and such additional meetings at such times and places as it may determine.
(c)
Each member of the board shall receive one hundred dollars ($100) per diem when actually engaged in the discharge of official duties and, in addition, shall be reimbursed for all travel and other necessary expenses. All expenses shall be claimed and paid in accordance with prevailing travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
Acts 1931, ch. 31, § 3; C. Supp. 1950, § 7182.13 (Williams, § 7182.14); Acts 1971, ch. 188, § 1; 1973, ch. 393, § 3; 1976, ch. 796, § 1; 1976, ch. 806, § 1(111); T.C.A., § 63-304; Acts 2009, ch. 422, § 3.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 3 - PODIATRISTS (§§ 63-3-101 — 63-3-214) › Part 1 - GENERAL PROVISIONS (§§ 63-3-101 — 63-3-128) › Section 63-3-105 - Disposition of fees - Expenditures

(a)
All fees and moneys from whatever source coming into the hands of the board 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 out of the general fund for the proper expenditures of the board, and no expenditure may be made by the board until allotment therefor has been made by the commissioner. The allotments for the operation of the board shall be disbursed under the general budgetary laws of the state.
Acts 1931, ch. 31, § 3; C. Supp. 1950, § 7182.13 (Williams, § 7182.14); modified; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; Acts 1971, ch. 188, §§ 1-3; 1976, ch. 796, § 1; T.C.A. (orig. ed.), § 63-305.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 3 - PODIATRISTS (§§ 63-3-101 — 63-3-214) › Part 1 - GENERAL PROVISIONS (§§ 63-3-101 — 63-3-128) › Section 63-3-106 - General powers of board

The board has the powers and duties, in addition to powers and duties granted to or imposed upon it by the other sections of this chapter, to:
(1)
Adopt and promulgate rules and regulations as may be necessary to govern its proceedings and carry into effect the purpose of this chapter;
(2)
Conduct examinations to ascertain the qualifications and fitness of applicants for a license to practice podiatry in this state;
(3)
Provide standards by which podiatry schools and colleges shall be approved;
(4)
Direct the division to issue a license for applicants who successfully pass the examination for the practice of podiatry;
(5)
Conduct hearings, to revoke or suspend any license or certificate under the authority of this chapter or any previous laws authorizing the holder thereof to practice podiatry for violations by a licensee of any of the provisions of this chapter or any rule or regulation of the board properly adopted and promulgated by the board; and
(6)
Sponsor, conduct or approve such educational programs as are necessary to carry out and make effective this chapter.
Acts 1931, ch. 31, § 2; C. Supp. 1950, § 7182.2; impl. am. Acts 1971, ch. 161, § 3; Acts 1971, ch. 188, §§ 1, 5; 1973, ch. 393, § 5; 1976, ch. 796, § 1; T.C.A. (orig. ed.), § 63-306; Acts 1984, ch. 937, § 5.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 3 - PODIATRISTS (§§ 63-3-101 — 63-3-214) › Part 1 - GENERAL PROVISIONS (§§ 63-3-101 — 63-3-128) › Section 63-3-107 - Unlawful practice

(a)
It is unlawful for any person to practice or attempt to practice podiatry in this state unless such person has been issued a valid and current license to practice podiatry by this board as provided by this chapter.
(b)
If any person uses any name or title that would designate that person as a podiatrist or imply that that person was or is qualified to practice podiatry under this chapter, it is deemed prima facie evidence of practicing within the meaning of this chapter.
Acts 1931, ch. 31, § 2; C. Supp. 1950, § 7182.2; impl. am. Acts 1971, ch. 161, § 3; Acts 1971, ch. 188, §§ 1, 5; 1973, ch. 393, § 5; 1976, ch. 796, § 1; T.C.A. (orig. ed.), § 63-307; Acts 1984, ch. 937, § 6.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 3 - PODIATRISTS (§§ 63-3-101 — 63-3-214) › Part 1 - GENERAL PROVISIONS (§§ 63-3-101 — 63-3-128) › Section 63-3-108 - Exemptions

This chapter shall not apply to the commissioned physicians and surgeons of the United States army, navy, air force or marine hospital service in the actual performance of their official duties, nor to physicians and surgeons or to osteopathic physicians and surgeons regularly licensed under the laws of this state, nor to visiting podiatrists called into consultation in this state from another state where they are duly qualified under the laws of that state to practice podiatry.
Acts 1931, ch. 31, § 2; 1949, ch. 152, § 1; C. Supp. 1950, § 7182.3 (Williams, § 7182.4); modified; Acts 1973, ch. 393, § 6; 1976, ch. 796, § 1; T.C.A. (orig. ed.), § 63-308.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 3 - PODIATRISTS (§§ 63-3-101 — 63-3-214) › Part 1 - GENERAL PROVISIONS (§§ 63-3-101 — 63-3-128) › Section 63-3-109 - Academic license - License to practice - Requirements - Podiatrists licensed in other states

(a)
Any person desiring an academic license to participate in a residency program shall:
(1)
Apply on a form prescribed by the board or via online application for an academic license;
(2)
Pay a fee as determined by the board; and
(3)
Have a residency program accepted by the board certify that the applicant has been accepted for its program.
(b)
The academic license shall terminate upon the applicant leaving the residency program.
(c)
Any person desiring to become licensed to practice podiatry in this state must:
(1)
Make application to the secretary of the board on a form prescribed by the board;
(2)
Pay an application fee as determined by the board;
(3)
Pass the examination conducted or accepted by the board; and
(4)
Successfully complete at least a one-year residency program approved by the Council on Podiatric Medical Education or its successor organization.
(d)
The board shall have the authority to issue locum tenens licenses to podiatrists licensed in another state who wish to practice podiatry in this state for a limited period of time and who meet all the requirements established by the board by rule for a locum tenens license.
Amended by 2014 Tenn. Acts, ch. 949,s 4, eff. 7/1/2014.
Acts 1976, ch. 796, § 1; T.C.A., § 63-309; Acts 1984, ch. 937, § 7; 1986, ch. 675, § 14; 1990, ch. 886, § 1; 2009, ch. 422, §§ 4-7.