reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 25 - DIETETICS/NUTRITION PRACTICE ACT (§§ 63-25-101 — 63-25-214) › Part 1 - DIETETICS/NUTRITION PRACTICE ACT (§§ 63-25-101 — 63-25-113) › Section 63-25-102 - Legislative findings

The general assembly finds that the application of scientific knowledge relating to food is important in the treatment of illness and disease and the attainment and maintenance of health. There are currently no clear means for the public to identify the qualifications of persons providing dietetic services and nutritional care for infants, children, pregnant females, elderly persons, poor persons, overweight persons, chronically and terminally ill persons and fitness enthusiasts. Consumers and patients are becoming increasingly concerned about their diets and nutrition as well as the effectiveness of the information and services being offered to the public. The general assembly further finds that in order to protect the public health, safety and welfare, it is necessary to define the qualifications and requirements for persons offering certain dietetic and nutritional advice and services to the public. It is the purpose of this chapter to restrict the use of certain titles to persons who are professionally qualified to use them, thereby ensuring that persons practicing the profession of dietetics and nutrition meet minimum standards of proficiency and competency acquired through adequate training and experience.
Acts 1987, ch. 384, § 3.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 25 - DIETETICS/NUTRITION PRACTICE ACT (§§ 63-25-101 — 63-25-214) › Part 1 - DIETETICS/NUTRITION PRACTICE ACT (§§ 63-25-101 — 63-25-113) › Section 63-25-103 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Board" means the board of dietitian/nutritionist examiners;
(2)
"Department" means the department of health;
(3)
"Dietetics/nutrition practice" means the integration and application of scientific principles of food, nutrition, biochemistry, physiology, management and behavioral and social sciences in achieving and maintaining health through the life cycle and in the treatment of disease. Methods of practice include, but are not limited to, nutritional assessment, development, implementation and evaluation of nutrition care plans, nutritional counseling and education, and the development and administration of nutrition care standards and systems;
(4)
"Dietitian" and "nutritionist" may be used interchangeably;
(5)
"Dietitian/nutritionist" means a health care professional practicing dietetics/nutrition and licensed under this chapter; and
(6)
"Division" means the division of health related boards within the department.
Acts 1987, ch. 384, § 4.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 25 - DIETETICS/NUTRITION PRACTICE ACT (§§ 63-25-101 — 63-25-214) › Part 1 - DIETETICS/NUTRITION PRACTICE ACT (§§ 63-25-101 — 63-25-113) › Section 63-25-105 - Development of therapeutic dietary regimens

No therapeutic dietary regimen may be developed unless pursuant to the appropriate orders and/or referral of licensed practitioners of medicine, osteopathy, chiropractic, dentistry or podiatry when incidental to the practice of their respective professions.
Acts 1987, ch. 384, § 6.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 25 - DIETETICS/NUTRITION PRACTICE ACT (§§ 63-25-101 — 63-25-214) › Part 1 - DIETETICS/NUTRITION PRACTICE ACT (§§ 63-25-101 — 63-25-113) › Section 63-25-106 - Board of dietitian/nutritionist examiners

(a)
There is hereby created the board of dietitian/nutritionist examiners to consist of five (5) members appointed by the governor, each of whom shall be a resident of this state and shall have had at least five (5) years' experience in the actual practice or teaching of dietetics and/or nutrition. Appointments may be made from lists of qualified persons submitted to the governor by interested dietitian/nutritionist, hospital and medical groups, including, but not limited to, the Tennessee Dietetic Association, the Tennessee Hospital Association, and the Tennessee Medical Association, and shall represent such areas of practice as administrative dietetics, clinical dietetics, dietetic education, community nutrition and consultation and private practice. The governor shall consult with such interested groups to determine qualified persons to fill the positions.
(b)
Of the initial appointments to the board, two (2) members shall be appointed for a term of three (3) years, two (2) members for a term of two (2) years, and one (1) member for a term of one (1) year. All regular appointments thereafter shall be for terms of three (3) years each. No member shall be eligible for appointment for more than two (2) consecutive terms, and each member shall serve on the board until a successor is appointed. Vacancies shall be filled by appointment of the governor for the unexpired term. In making appointments to the board, the governor shall strive to ensure that at least one (1) person serving on the board is sixty (60) years of age or older and that at least one (1) person serving on the board is a member of a racial minority.
(c)
The board shall organize annually and select a chair and a secretary. A quorum of the board shall consist of three (3) members, and meetings of the board shall be held as frequently as its duties may require. The division shall perform administrative functions for the board.
(d)
Each member of the board shall receive compensation for services in an amount determined by the department, not to exceed 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 expenses in accordance with the comprehensive state travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter.
Acts 1987, ch. 384, § 7; 1988, ch. 1013, §59; 2012 , ch. 722, § 3.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 25 - DIETETICS/NUTRITION PRACTICE ACT (§§ 63-25-101 — 63-25-214) › Part 1 - DIETETICS/NUTRITION PRACTICE ACT (§§ 63-25-101 — 63-25-113) › Section 63-25-107 - Powers and duties of board

In addition to the powers granted elsewhere in this chapter, the board has the duty to:
(1)
Promulgate, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, all rules that are reasonably necessary for the performance of the various duties imposed upon the board in the proper administration of this chapter;
(2)
Set fees, after consultation with the department and subject to the maximum limitations prescribed in this chapter, relative to the application, examination, licensing and renewal thereof in amounts sufficient to pay all of the expenses of the board directly attributable to the performance of its duties pursuant to this chapter;
(3)
Review and approve or reject the qualifications of applicants for licensure and to issue, in the board's name, all approved licenses, certificates and permits;
(4)
Collect or receive all fees, fines and moneys owed pursuant to this chapter and to pay the same into the general fund of the state. For purposes of implementing subdivision (2), the board shall designate any such fees, fines or moneys collected pursuant to the regulation of dietitians/nutritionists; and
(5)
Deny, suspend or revoke the license of or to otherwise discipline by an administrative penalty not to exceed five hundred dollars ($500), or by reprimand, a license holder who is guilty of violating any provisions of this chapter or who is guilty of violating the rules and regulations of the board duly promulgated pursuant to this chapter.
Acts 1987, ch. 384, § 8.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 25 - DIETETICS/NUTRITION PRACTICE ACT (§§ 63-25-101 — 63-25-214) › Part 1 - DIETETICS/NUTRITION PRACTICE ACT (§§ 63-25-101 — 63-25-113) › Section 63-25-108 - Applications for licensure

An applicant for licensure as a dietitian/nutritionist shall file a written application on forms provided by the department or via online application showing to the satisfaction of the board that such person:
(1)
Is of good moral character;
(2)
Has received a baccalaureate or post-baccalaureate degree from a regionally accredited college or university that provides a major course of study in human nutrition, food and nutrition, dietetics, or food systems management, or an equivalent major course of study as approved by the board;
(3)
Has successfully completed a planned continuous preprofessional experience in nutrition practice of not less than nine hundred (900) hours under the supervision of a registered dietitian, or successfully completed a program of supervised clinical experience approved by the commission on dietetic registration of the American Dietetic Association; and
(4)
Has passed the national examination prepared and administered by the commission on dietetic registration of the American Dietetic Association.
Amended by 2014 Tenn. Acts, ch. 949,s 15, eff. 7/1/2014.
Acts 1987, ch. 384, § 9.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 25 - DIETETICS/NUTRITION PRACTICE ACT (§§ 63-25-101 — 63-25-214) › Part 1 - DIETETICS/NUTRITION PRACTICE ACT (§§ 63-25-101 — 63-25-113) › Section 63-25-109 - Issuance of licenses - Temporary permits

(a)
The board may, in its discretion, issue a license to an applicant upon such person providing evidence of current registration as a registered dietitian and upon payment of a licensing fee. The board may further waive the examination, education or experience requirements of this chapter and grant a license to an applicant who shall present proof of current licensure, certification or registration as a dietitian under the laws of another state, the District of Columbia, or territory of the United States, if, in the board's opinion, the educational and experiential qualifications and requirements were substantially equivalent to those required for licensure in this state.
(b)
(1)
The board may, in its discretion, issue temporary permits to practice dietetics/nutrition to an applicant upon submission of satisfactory evidence that such person:
(A)
Has successfully completed the academic and experiential requirements to be licensed as a dietitian/nutritionist;
(B)
Has applied for or taken a licensing examination;
(C)
Is awaiting notification of examination results; and
(D)
Has paid the fee required for temporary permits.
(2)
Temporary permits expire one (1) year from the date of issuance and may be renewed for a period not to exceed six (6) months upon submitting to the board a satisfactory explanation of the applicant's failure to become licensed within the one-year term.
Acts 1987, ch. 384, §§ 10, 11.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 25 - DIETETICS/NUTRITION PRACTICE ACT (§§ 63-25-101 — 63-25-214) › Part 1 - DIETETICS/NUTRITION PRACTICE ACT (§§ 63-25-101 — 63-25-113) › Section 63-25-111 - Fees

For the purpose of implementing this chapter, the board, by duly promulgated rule, shall establish fees for applications, examinations, renewals, reciprocity and other related matters.
Acts 1987, ch. 384, § 13; 1989, ch. 523, § 214.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 25 - DIETETICS/NUTRITION PRACTICE ACT (§§ 63-25-101 — 63-25-214) › Part 1 - DIETETICS/NUTRITION PRACTICE ACT (§§ 63-25-101 — 63-25-113) › Section 63-25-112 - Failure to renew license or pay fee - Revocation and reinstatement of license

(a)
A licensee who fails to renew the licensee's license and to pay the biannual renewal fee after renewal becomes due shall have the license automatically revoked without further notice of hearing, unless renewal is made and all fees paid prior to the expiration of sixty (60) days from the date such renewal becomes due.
(b)
Any person whose license is automatically revoked as provided in this section may have the license reinstated by the board in its discretion for good cause being shown, upon payment of all past-due renewal fees and upon the further payment of a nonrefundable sum as set by the board.
Acts 1987, ch. 384, § 13; 1989, ch. 523, § 215.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 25 - DIETETICS/NUTRITION PRACTICE ACT (§§ 63-25-101 — 63-25-214) › Part 1 - DIETETICS/NUTRITION PRACTICE ACT (§§ 63-25-101 — 63-25-113) › Section 63-25-113 - Retirees

Any person licensed to practice by this chapter, who has retired or may hereafter retire from such practice in this state, shall not be made to register as required by this chapter if such person files with this board an affidavit on a form to be furnished by the board, which affidavit states the date on which such person retired from such practice, and such other facts as tend to verify such retirement as the board deems necessary. If such person reengages in such practice in this state, such person shall apply for licensure with the board as provided by this chapter, and shall meet other requirements as may be set by the board.
Acts 1987, ch. 384, § 13.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 25 - DIETETICS/NUTRITION PRACTICE ACT (§§ 63-25-101 — 63-25-214) › Part 2 - DIETITIAN LICENSURE COMPACT (§§ 63-25-201 — 63-25-214) › Section 63-25-201 - [Effective 1/1/2026] Short title - Purpose

(a)
This part shall be known and may be cited as the "Dietitian Licensure Compact.
(b)
The purpose of this compact is to facilitate interstate practice of dietetics with the goal of improving public access to dietetics services. This compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure, while also providing for licensure portability through a compact privilege granted to qualifying professionals.
(c)
This compact is designed to achieve the following objectives:
(1)
Increase public access to dietetics services;
(2)
Provide opportunities for interstate practice by licensed dietitians who meet uniform requirements;
(3)
Eliminate the necessity for licenses in multiple states;
(4)
Reduce administrative burden on member states and licensees;
(5)
Enhance the states' ability to protect the public's health and safety;
(6)
Encourage the cooperation of member states in regulating multistate practice of licensed dietitians;
(7)
Support relocating active military members and their spouses;
(8)
Enhance the exchange of licensure, investigative, and disciplinary information among member states; and
(9)
Vest all member states with the authority to hold a licensed dietitian accountable for meeting all state practice laws in the state in which the patient is located at the time care is rendered.
Added by 2024 Tenn. Acts, ch. 1025,s 1, eff. 1/1/2026.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 25 - DIETETICS/NUTRITION PRACTICE ACT (§§ 63-25-101 — 63-25-214) › Part 2 - DIETITIAN LICENSURE COMPACT (§§ 63-25-201 — 63-25-214) › Section 63-25-205 - [Effective 1/1/2026] Obtaining a new home state license based on a compact privilege

(a)
A licensee may hold a home state license, which allows for a compact privilege in other member states, in only one (1) member state at a time.
(b)
If a licensee changes home state by moving between two (2) member states:
(1)
The licensee shall file an application for obtaining a new home state license based on a compact privilege, pay all applicable fees, and notify the current and new home state in accordance with the rules of the compact commission;
(2)
Upon receipt of an application for obtaining a new home state license by virtue of a compact privilege, the new home state shall verify that the licensee meets the criteria in § 63-25-204 via the data system, and require that the licensee complete the following:
(A)
Federal bureau of investigation fingerprint-based criminal history record information check;
(B)
Any other criminal history record information required by the new home state; and
(C)
Any jurisprudence requirements of the new home state;
(3)
The former home state shall convert the former home state license into a compact privilege once the new home state has activated the new home state license in accordance with applicable rules adopted by the compact commission;
(4)
Notwithstanding any other provision of this compact, if the licensee cannot meet the criteria in § 63-25-204, the new home state may apply its requirements for issuing a new single state license; and
(5)
The licensee shall pay all applicable fees to the new home state in order to be issued a new home state license.
(c)
If a licensee changes their state of residence by moving from a member state to a non-member state, or from a non-member state to a member state, the state criteria shall apply for issuance of a single state license in the new state.
(d)
Nothing in this compact shall interfere with a licensee's ability to hold a single state license in multiple states; however, for the purposes of this compact, a licensee shall have only one (1) home state license.
(e)
Nothing in this compact shall affect the requirements established by a member state for the issuance of a single state license.
Added by 2024 Tenn. Acts, ch. 1025,s 1, eff. 1/1/2026.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 25 - DIETETICS/NUTRITION PRACTICE ACT (§§ 63-25-101 — 63-25-214) › Part 2 - DIETITIAN LICENSURE COMPACT (§§ 63-25-201 — 63-25-214) › Section 63-25-206 - [Effective 1/1/2026] Active military members or their spouses

An active military member, or their spouse, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty.
Added by 2024 Tenn. Acts, ch. 1025,s 1, eff. 1/1/2026.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 25 - DIETETICS/NUTRITION PRACTICE ACT (§§ 63-25-101 — 63-25-214) › Part 2 - DIETITIAN LICENSURE COMPACT (§§ 63-25-201 — 63-25-214) › Section 63-25-209 - [Effective 1/1/2026] Data system

(a)
The compact commission shall provide for the development, maintenance, operation, and utilization of a coordinated data system.
(b)
The compact commission shall assign each applicant for a compact privilege a unique identifier, as determined by the rules.
(c)
Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable as required by the rules of the compact commission, including:
(1)
Identifying information;
(2)
Licensure data;
(3)
Adverse actions against a license or compact privilege and information related thereto;
(4)
Non-confidential information related to alternative program participation, the beginning and ending dates of such participation, and other information related to such participation not made confidential under member state law;
(5)
Any denial of application for licensure, and the reason(s) for such denial;
(6)
The presence of current significant investigative information; and
(7)
Other information that may facilitate the administration of this compact or the protection of the public, as determined by the rules of the compact commission.
(d)
The records and information provided to a member state pursuant to this compact or through the data system, when certified by the compact commission or an agent thereof, shall constitute the authenticated business records of the compact commission, and shall be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial, or administrative proceedings in a member state.
(e)
Current significant investigative information pertaining to a licensee in any member state will only be available to other member states.
(f)
It is the responsibility of the member states to report any adverse action against a licensee and to monitor the data system to determine whether any adverse action has been taken against a licensee. Adverse action information pertaining to a licensee in any member state will be available to any other member state.
(g)
Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
(h)
Any information submitted to the data system that is subsequently expunged pursuant to federal law or the laws of the member state contributing the information shall be removed from the data system.
Added by 2024 Tenn. Acts, ch. 1025,s 1, eff. 1/1/2026.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 25 - DIETETICS/NUTRITION PRACTICE ACT (§§ 63-25-101 — 63-25-214) › Part 2 - DIETITIAN LICENSURE COMPACT (§§ 63-25-201 — 63-25-214) › Section 63-25-213 - [Effective 1/1/2026] Construction and severability

(a)
This compact and the compact commission's rulemaking authority shall be liberally construed so as to effectuate the purposes and the implementation and administration of the compact. Provisions of the compact expressly authorizing or requiring the promulgation of rules shall not be construed to limit the compact commission's rulemaking authority solely for those purposes.
(b)
The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is held by a court of competent jurisdiction to be contrary to the constitution of any member state, a state seeking participation in the compact, or of the United States, or the applicability thereof to any government, agency, person, or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this compact and the applicability thereof to any other government, agency, person, or circumstance shall not be affected thereby.
(c)
Notwithstanding subsection (b), the compact commission may deny a state's participation in the compact or, in accordance with the requirements of § 63-25-211 (b), terminate a member state's participation in the compact, if it determines that a constitutional requirement of a member state is a material departure from the compact. Otherwise, if this compact shall be held to be contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
Added by 2024 Tenn. Acts, ch. 1025,s 1, eff. 1/1/2026.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 25 - DIETETICS/NUTRITION PRACTICE ACT (§§ 63-25-101 — 63-25-214) › Part 2 - DIETITIAN LICENSURE COMPACT (§§ 63-25-201 — 63-25-214) › Section 63-25-214 - [Effective 1/1/2026] Consistent effect and conflict with other state laws

(a)
Nothing herein shall prevent or inhibit the enforcement of any other law of a member state that is not inconsistent with the compact.
(b)
Any laws, statutes, regulations, or other legal requirements in a member state in conflict with the compact are superseded to the extent of the conflict.
(c)
All permissible agreements between the compact commission and the member states are binding in accordance with their terms.
Added by 2024 Tenn. Acts, ch. 1025,s 1, eff. 1/1/2026.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 26 - ELECTROLOGISTS PRACTICE ACT (§§ 63-26-101 — 63-26-127) › Section 63-26-101 - Short title

This chapter shall be known and may be cited as the "Electrologists Practice Act."
Acts 1988, ch. 896, § 3; 1993, ch. 342, § 1; T.C.A., § 62-34-201.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 26 - ELECTROLOGISTS PRACTICE ACT (§§ 63-26-101 — 63-26-127) › Section 63-26-102 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Commissioner" means the commissioner of health and includes designees of the commissioner of health;
(2)
"Electrologist" means any person practicing electrolysis for the permanent removal of hair;
(3)
"Electrology" means the art and practice relating to the removal of hair from the normal skin of the human body by application of an electric current to the hair papilla by means of a needle or needles so as to cause growth inactivity of the hair papilla and thus permanently remove the hair;
(4)
"Electrology instructor" means an electrologist who is licensed by the commissioner to practice and teach electrology;
(5)
"Electrolysis" means the process by which the hair is removed from the normal skin by the application of an electric current to the hair root by means of a needle or needles, whether the process employs direct electric current or short wave alternating electric current or combination of both, or by FDA approved laser beam process designated for permanent hair removal; and
(6)
"School" means an electrology school teaching the art of electrology.
Acts 1988, ch. 896, § 4; 1993, ch. 342, § 1; T.C.A., §62-34-202; Acts 2009 , ch. 456, §§ 1, 37.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 26 - ELECTROLOGISTS PRACTICE ACT (§§ 63-26-101 — 63-26-127) › Section 63-26-103 - Prohibited practices

(a)
This chapter does not authorize the use of roentgen rays and radium for diagnostic and therapeutic purposes, or the use of electricity for purposes of skin cauterization, removal of warts, moles or other skin deformities.
(b)
Electronic tweezers or nonneedle methods are prohibited within the practice of electrology, except as provided in this chapter.
Acts 1988, ch. 896, § 5; 1993, ch. 342, § 1; T.C.A., § 62-34-203.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 26 - ELECTROLOGISTS PRACTICE ACT (§§ 63-26-101 — 63-26-127) › Section 63-26-106 - Personnel

Subject to appropriations for that purpose, the director of the division of health related boards shall employ and supervise all administrative personnel necessary to conduct the functions of this chapter.
Acts 1988, ch. 896, § 8; 1993, ch. 342, § 1; T.C.A., §62-34-206; Acts 2009 , ch. 456, § 4.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 26 - ELECTROLOGISTS PRACTICE ACT (§§ 63-26-101 — 63-26-127) › Section 63-26-107 - Cumulative deficit of the board of electrolysis examiners - Disposition of fees - Expenditures

(a)
Any cumulative deficit of the board of electrolysis examiners remaining on June 23, 2009, shall be transferred to the account created in subsection (b) to be eliminated through payment of fees assessed on persons regulated pursuant to this chapter.
(b)
All fees collected by the commissioner pursuant to this chapter shall be deposited by the state treasurer in a separate account exclusively for the electrolysis program established in this chapter, and shall be used by the commissioner to defray expenses necessary to administer this chapter. Unexpended and unobligated fees remaining in this account at the end of any fiscal year shall not revert to the general fund but shall be used to eliminate the cumulative deficit of the board of electrolysis examiners remaining on June 23, 2009. Upon elimination of the deficit, unexpended and unobligated fees remaining in this account shall not revert to the general fund but shall remain available for the purposes set forth in this chapter. Penalties imposed by the commissioner shall be deposited into the state general fund.
Acts 1988, ch. 896, § 9; 1993, ch. 342, § 1; T.C.A., §62-34-207; Acts 2009 , ch. 456, § 5.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 26 - ELECTROLOGISTS PRACTICE ACT (§§ 63-26-101 — 63-26-127) › Section 63-26-108 - Powers and duties of commissioner of health

(a)
The commissioner of health shall:
(1)
Promulgate such rules and regulations as are necessary and reasonable for the enforcement of this chapter;
(2)
Establish continuing education requirements;
(3)
Establish standards for the training and practice of electrolysis;
(4)
Maintain a list of all current licensed electrologists, licensed electrolysis schools and training centers, and licensed electrology instructors; and
(5)
Adopt a code of ethics governing the practice of electrology by licensees under this chapter.
(b)
In no event shall this chapter be interpreted as conferring on the commissioner the authority or jurisdiction to regulate the practice of medicine or osteopathy by persons licensed under chapter 6 or 9 of this title, or to regulate the activities of those persons employed by such licensed physicians, and who perform services under the supervision and control of licensed physicians or osteopaths who have made an evaluation of the patient and who have supervised a diagnostic screening with respect to the patient, unless such employees or agents are holding themselves out to be licensed electrologists. It is the specific intent of the general assembly that the regulation of the practice of medicine or osteopathy falls within the sole and exclusive purview of the licensing boards designated under chapter 6 and 9 of this title. Further, the commissioner shall have no jurisdiction or authority to regulate in any manner the practice of electrology by individuals licensed under chapter 6 or 9 of this title.
Acts 1988, ch. 896, § 10; 1993, ch. 342, § 1; T.C.A., §62-34-208; Acts 1995, ch. 420, §3; 2009 , ch. 456, §§ 6-8.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 26 - ELECTROLOGISTS PRACTICE ACT (§§ 63-26-101 — 63-26-127) › Section 63-26-109 - Setting of fees

The commissioner shall set fees for applications, examinations, renewals, reciprocity, school licensure and other related matters.
Acts 1988, ch. 896, § 11; 1989, ch. 523, § 213; 1993, ch. 342, § 1; T.C.A., §62-34-209; Acts 2009 , ch. 456, § 9.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 26 - ELECTROLOGISTS PRACTICE ACT (§§ 63-26-101 — 63-26-127) › Section 63-26-110 - Civil liability

A person who acts in good faith shall not be civilly liable for providing information to the commissioner or a designee of the commissioner on any matter relative to the practice of electrolysis. This section shall apply to any person who acts in good faith to provide information to a designee of the commissioner in the course of an investigation of the practice of electrolysis.
Acts 1988, ch. 896, § 12; 1993, ch. 342, § 1; T.C.A, §62-34-210; Acts 2009 , ch. 456, § 10.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 26 - ELECTROLOGISTS PRACTICE ACT (§§ 63-26-101 — 63-26-127) › Section 63-26-111 - Qualifications of applicants

An applicant for a license to be an electrologist must:
(1)
Be at least eighteen (18) years of age;
(2)
Be of good moral character;
(3)
Have been graduated by an accredited high school or have completed equivalent recognized education;
(4)
Have completed an electrology education program that is approved under this chapter, which includes:
(A)
At least one hundred fifty (150) hours of electrolysis theory and at least three hundred fifty (350) hours of clinical practice taught by a licensed electrology instructor;
(B)
An electrology education program in any other state that the commissioner determines is substantially equivalent to that required by subdivision (4)(A); or
(C)
(i)
At least six hundred (600) hours of electrology practice taught by a dermatologist approved by the commissioner who has documented continuing education in electrology theory and practice;
(ii)
Applicants who satisfy the educational requirements for licensure under this subdivision (4)(C) shall be eligible for practice as an electrologist only under the direct supervision and control of a dermatologist approved by the commissioner, and shall receive a limited license that bears an endorsement to that effect, upon passing the state board examination, payment of all prescribed fees and the satisfying of license renewal fees and requirements;
(iii)
The dermatologist shall notify the commissioner or the commissioner's designee as to each student who begins the training program pursuant to this subdivision (4)(C);
(iv)
The dermatologist shall also notify the commissioner or the commissioner's designee when an electrologist is no longer under the supervision and control of such dermatologist; and
(v)
Hours of training and experience received by applicants after January 1, 1989, may be applied to the experience provisions of this subdivision (4)(C);
(5)
Have successfully passed an examination approved by the commissioner;
(6)
Have paid all fees required by this chapter; and
(7)
Have submitted an application to the commissioner on a prescribed form.
Acts 1988, ch. 896, § 13; 1990, ch. 872, § 1; 1993, ch. 342, § 1; T.C.A., §62-34-211; Acts 2009 , ch. 456, §§ 11-17.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 26 - ELECTROLOGISTS PRACTICE ACT (§§ 63-26-101 — 63-26-127) › Section 63-26-112 - Qualifications to be instructor

To be eligible for licensing as an electrology instructor, in addition to the requirements of the registered electrologist, an applicant shall have:
(1)
Practiced electrolysis actively for at least five (5) of the last ten (10) years prior to the application;
(2)
Successfully passed an examination for an electrology instructor license that consists of written and verbal sections covering theoretical and clinical studies;
(3)
Paid an examination fee set by the commissioner; and
(4)
Submitted to the commissioner at least thirty (30) days before the examination is administered an approved form for application for license.
Acts 1988, ch. 896, § 14; 1993, ch. 342, § 1; T.C.A., §62-34-212; Acts 2009 , ch. 456, §§ 18-20.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 26 - ELECTROLOGISTS PRACTICE ACT (§§ 63-26-101 — 63-26-127) › Section 63-26-113 - Examinations

(a)
Examinations for qualified applicants shall be offered at least once a year at the times and places determined by the commissioner or the commissioner's designee.
(b)
Completed applications for examination must be received by the commissioner thirty (30) days prior to the examination date.
(c)
The commissioner or the commissioner's designee shall notify each qualified applicant of the time and place of examination.
(d)
The commissioner shall select an examination in which the testing and grading systems are recognized as standard in the field of professional licensure examinations.
Acts 1988, ch. 896, § 15; 1990, ch. 872, § 2; 1993, ch. 342, § 1; T.C.A., §62-34-213; Acts 2009 , ch. 456, § 21.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 26 - ELECTROLOGISTS PRACTICE ACT (§§ 63-26-101 — 63-26-127) › Section 63-26-114 - Reexamination

(a)
If a candidate fails a part or parts of an examination, the candidate may retake a failed section of the examination or retake a subsequent examination, after paying the reexamination fee and submitting the commissioner-approved form for reexamination at least thirty (30) days prior to reexamination date.
(b)
If, after two (2) attempts, the examination is not passed, the complete examination may be taken again only after the candidate:
(1)
Completes an additional electrolysis education program that the commissioner recommends; and
(2)
Pays the full examination fee.
Acts 1988, ch. 896, § 16; 1993, ch. 342, § 1; T.C.A., §62-34-214; Acts 2009 , ch. 456, §§ 22, 38.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 26 - ELECTROLOGISTS PRACTICE ACT (§§ 63-26-101 — 63-26-127) › Section 63-26-115 - Licensing without examination

(a)
Without the required examination, the commissioner shall approve as a licensed electrologist any person meeting the provisions of §
63-26-111(1)-(3), (6) and (7)
and who has actively been engaged in the practice of electrology in this state for a period of six (6) months or more prior to making application for licensure.
(b)
Payment of the scheduled registration fee to the commissioner shall accompany an application.
(c)
(1)
Except as provided in subdivision (c)(2), no electrologist shall be registered by the commissioner to practice without examination, unless a recognized out-of-state license is valid and acceptable.
(2)
The commissioner is authorized to register an electrologist to practice in this state without taking the required examination, even if an out-of-state license has not been issued, to a person who provides proof satisfactory to the commissioner that:
(A)
The person requesting a license has practiced electrology five (5) years or more in a state that does not require a license for practice; and
(B)
The person is a certified electrologist; or
(C)
The person requesting a license meets requirements as determined by rules adopted by the commissioner.
(d)
The commissioner shall require satisfactory documentation of any prior continuous electrolysis practice.
Acts 1988, ch. 896, § 17; 1989, ch. 360, § 65; 1993, ch. 342, § 1; T.C.A., § 62-34-215; Acts 2006, ch. 742, §1; 2009 , ch. 456, § 23.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 26 - ELECTROLOGISTS PRACTICE ACT (§§ 63-26-101 — 63-26-127) › Section 63-26-116 - Licensing of instructors without examination

(a)
The commissioner shall approve as a licensed electrology instructor without the required examination any person who meets the waiver requirements in §
63-26-115
and who has taught electrology for at least three (3) consecutive years prior to June 30, 1989.
(b)
The commissioner shall require satisfactory documentation of prior continuous teaching in electrology.
(c)
Application for an electrology teaching license shall be made on a form provided by the commissioner.
(d)
Payment of the scheduled fee for an electrology instructor license shall accompany an application.
Acts 1988, ch. 896, § 18; 1989, ch. 360, § 66; 1993, ch. 342, § 1; T.C.A., §62-34-216; Acts 2009 , ch. 456, § 24.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 26 - ELECTROLOGISTS PRACTICE ACT (§§ 63-26-101 — 63-26-127) › Section 63-26-117 - Waiver of examination

(a)
The commissioner may grant a waiver of examination; provided, that the applicant:
(1)
Provides adequate evidence that an electrology license was acquired after passing an electrology examination in another state, and that the examination was substantially equivalent to the examination for which the applicant seeks waiver in this state;
(2)
Became licensed in another state after meeting other requirements that are substantially equivalent to the requirements of this chapter;
(3)
Pays the appropriate application and license fees; and
(4)
Submits the required application form for licensing.
(b)
The commissioner may grant a waiver of examination for an electrology instructor license; provided, that the applicant:
(1)
Furnishes proof that the applicant has met the requirements of subdivisions (a)(1) and (2);
(2)
Has filed an application for a license; and
(3)
Has paid the required license fee.
(c)
The commissioner or a designee of the commissioner shall have the discretion to grant a waiver of examination to an applicant; provided, that a written explanation of the waiver is provided to the applicant and made available to persons requesting a copy of the explanation.
Acts 1988, ch. 896, § 19; 1993, ch. 342, § 1; T.C.A., §62-34-217; Acts 2009 , ch. 456, §§ 25, 39.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 26 - ELECTROLOGISTS PRACTICE ACT (§§ 63-26-101 — 63-26-127) › Section 63-26-118 - Issuance of license - Display - Changes

(a)
The commissioner shall issue a license to an applicant meeting the requirements of this chapter for the license designation as an electrologist, or an electrology instructor, or an approved school teaching electrology.
(b)
All licenses issued by the commissioner must be conspicuously displayed at the site of use.
(c)
All licensees shall keep the commissioner informed of any changes of address.
Acts 1988, ch. 896, § 20; 1993, ch. 342, § 1; T.C.A., §62-34-218; Acts 2009 , ch. 456, § 26.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 26 - ELECTROLOGISTS PRACTICE ACT (§§ 63-26-101 — 63-26-127) › Section 63-26-119 - Authority over educational programs - Fraudulent or deceptive promotions

(a)
In addition to other powers and duties, the commissioner has the authority to:
(1)
Set standards by which an electrology education program may be approved;
(2)
Review with the state board of education and the Tennessee higher education commission a progressive electrology education program in the state;
(3)
Evaluate the need for such programs in the geographical area in which the electrology program will be located;
(4)
Approve and license institutions in this state that meet the requirements of the electrology education program;
(5)
Maintain a list of the institutions offering electrology education programs approved by the commissioner; and
(6)
Remove an institution from the list of institutions that offer approved electrology education if the institution:
(A)
Is guilty of fraud or deceit in obtaining or attempting to obtain approval;
(B)
Acts in a manner not consistent with generally accepted standards for the practice of electrology;
(C)
Violates standards set under this chapter and fails to correct the violation in a reasonable time after notice has been given;
(D)
No longer operates a program that is approved under this chapter; or
(E)
Promotes electrology in a manner that the commissioner determines is unreasonable, misleading or fraudulent.
(b)
The commissioner shall monitor fraudulent or deceptive promotion of permanent hair removal procedures.
Amended by 2019 Tenn. Acts, ch. 459, s 54, eff. 9/30/2019.
Acts 1988, ch. 896, § 21; 1993, ch. 342, § 1; T.C.A., §62-34-219; Acts 2009 , ch. 456, §§ 27-29.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 26 - ELECTROLOGISTS PRACTICE ACT (§§ 63-26-101 — 63-26-127) › Section 63-26-120 - Renewal of licenses - Revocation and reinstatement

(a)
Each licensed electrologist and each licensed electrology instructor shall pay the scheduled annual renewal fee to the commissioner, payable in advance, for the following year on or before December 31 of each year that such renewal fee is due.
(b)
Each licensed electrology school shall pay the scheduled annual renewal fee to the commissioner, payable in advance, for the following year on or before December 1 of each year that such renewal fee is due.
(c)
The commissioner shall renew the license of each licensee who meets the specified requirements for renewal or for registration.
(d)
When any electrologist licensee, electrology instructor licensee, or licensed electrology school shall fail to register and pay the annual registration fee within sixty (60) days after such registration becomes due, the license of such person or school shall be automatically revoked without further notice or hearing.
(e)
Any person or school whose license is automatically revoked may make application in writing to the commissioner for the reinstatement of such license, and upon good cause being shown, the commissioner, in the commissioner's discretion, may reinstate such license upon payment of all past-due renewal fees and upon payment of the scheduled reinstatement fee.
Acts 1988, ch. 896, § 22; 1993, ch. 342, § 1; T.C.A., §62-34-220; Acts 2009 , ch. 456, § 30.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 26 - ELECTROLOGISTS PRACTICE ACT (§§ 63-26-101 — 63-26-127) › Section 63-26-121 - Retirement from practice

Any licensee who has retired, or may hereafter retire from practice in this state, shall not be made to register if such person files with the commissioner an affidavit on a form to be furnished by the commissioner. The affidavit shall state the date on which the person retired from practice and any other facts the commissioner deems necessary to verify the retirement. If such person thereafter reengages in practice in this state, then such person shall apply for registration with the commissioner and meet any other requirements as may be prescribed by the commissioner.
Acts 1988, ch. 896, § 23; 1993, ch. 342, § 1; T.C.A., §62-34-221; Acts 2009 , ch. 456, § 31.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 26 - ELECTROLOGISTS PRACTICE ACT (§§ 63-26-101 — 63-26-127) › Section 63-26-122 - Unlawful practice

It is unlawful for any person to practice or attempt to practice electrology in this state, unless such person has been issued a valid and current license to practice electrology. This section does not apply to a student who is practicing electrolysis as part of an approved electrolysis education program.
Acts 1988, ch. 896, § 22; 1993, ch. 342, § 1; T.C.A., § 62-34-222.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 26 - ELECTROLOGISTS PRACTICE ACT (§§ 63-26-101 — 63-26-127) › Section 63-26-123 - Grounds for suspending, revoking or denying a license

(a)
The commissioner has the authority to suspend, revoke or otherwise deny a license whenever a licensee is found guilty of any of the following acts or offenses:
(1)
Fraud in procuring a license;
(2)
Conviction of a felony;
(3)
Habitual intoxication or addiction to the use of narcotic drugs or controlled substances or controlled substance analogues;
(4)
Immoral, unprofessional, unethical or dishonorable conduct; or
(5)
Professional connection or association with any person, firm or corporation in any manner in an effort to avoid and circumvent this chapter, or lending one's name to another for the illegal practice of electrology by such person.
(b)
An action taken under this section 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 40, eff. 7/1/2018.
Acts 1988, ch. 896, § 25; 1993, ch. 342, § 1; T.C.A., §62-34-223; Acts 2009 , ch. 456, §32; 2012 , ch. 848, § 82.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 26 - ELECTROLOGISTS PRACTICE ACT (§§ 63-26-101 — 63-26-127) › Section 63-26-124 - Administrative procedures

All proceedings shall be in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1988, ch. 896, § 26; 1993, ch. 342, § 1; T.C.A., § 62-34-224.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 26 - ELECTROLOGISTS PRACTICE ACT (§§ 63-26-101 — 63-26-127) › Section 63-26-125 - Enjoining prohibited practices

The commissioner is authorized and empowered to petition any circuit or chancery court having jurisdiction to enjoin any person who is practicing or attempting to practice electrology without possessing a valid license to practice, and to enjoin any person, firm or corporation from performing any act or rendering any service that constitutes the practice of electrology.
Acts 1988, ch. 896, § 27; 1993, ch. 342, § 1; T.C.A., §62-34-225; Acts 2009 , ch. 456, § 33.