reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 4 - HOSPITAL RECORDS AS EVIDENCE (§§ 68-11-401 — 68-11-408) › Section 68-11-403 - Sealing, identification and direction of copies

The copy of the records shall be separately enclosed in an inner envelope or wrapper, sealed, with the title and number of the action, name of witness and date of subpoena clearly inscribed on the envelope or wrapper. The sealed envelope or wrapper shall then be enclosed in an outer envelope or wrapper, sealed and directed as follows:
(1)
If the subpoena directs attendance in court, to the clerk of such court or to the judge thereof;
(2)
If the subpoena directs attendance at a deposition, to the officer before whom the deposition is to be taken, at the place designated in the subpoena for the taking of the deposition or at such officer's place of business; and
(3)
In other cases, to the officer, body or tribunal conducting the hearing, at a like address.
Acts 1977, ch. 158, § 3; T.C.A., § 53-1503.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 4 - HOSPITAL RECORDS AS EVIDENCE (§§ 68-11-401 — 68-11-408) › Section 68-11-404 - Opening of sealed envelopes

(a)
(1)
Unless the sealed envelope or wrapper is returned to a witness who is to appear personally, the copy of records shall remain sealed and shall be opened only at the time of trial, deposition or other hearing, upon the direction of the judge, court, officer, body or tribunal conducting the proceeding, in the presence of all parties who have appeared in person or by counsel at such trial, deposition or hearing. Before directing that such inner envelope or wrapper be opened, the judge, court, officer, body or tribunal shall first ascertain that either:
(A)
The records have been subpoenaed at the instance of the patient involved or such patient's counsel of record;
(B)
The patient involved or someone authorized in such patient's behalf to do so for such patient has consented thereto and waived any privilege of confidentiality involved; or
(C)
The records have been subpoenaed in a criminal proceeding.
(2)
Records that are not introduced in evidence or required as part of the record shall be returned to the person or entity from whom received.
(b)
(1)
Upon receipt of a subpoena, the custodian shall send the records to the attorney responsible for the issuance of the subpoena at the place, and on or before the date designated in the subpoena, if such subpoena:
(A)
States conspicuously on its face that the records are required in a tort action or proceeding in which the plaintiff has raised the issue of the plaintiff's physical or emotional condition; and
(B)
Directs the custodian's attendance at a deposition.
(2)
The attorney responsible for the issuance of the subpoena need not meet the requirements of subsection (a) before opening the sealed records, if the attorney furnishes a copy of the records to the plaintiff or someone authorized on the plaintiff's behalf to receive them.
Acts 1977, ch. 158, § 4; T.C.A., § 53-1504; Acts 1986, ch. 544, § 1; 1992, ch. 921, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 4 - HOSPITAL RECORDS AS EVIDENCE (§§ 68-11-401 — 68-11-408) › Section 68-11-405 - Affidavit of custodian as to copies - Costs

(a)
The records shall be accompanied by an affidavit of a custodian stating in substance:
(1)
That the affiant is duly authorized custodian of the records and has authority to certify the records;
(2)
That the copy is a true copy of all the records described in the subpoena;
(3)
That the records were prepared by the personnel of the hospital or community mental health center, staff physicians, or persons acting under the control of either, in the ordinary course of hospital or community mental health center business at or near the time of the act, condition or event reported in the records; and
(4)
Certifying the amount of the reasonable charges of the hospital or community mental health center for furnishing such copies of the record.
(b)
If the hospital or community mental health center has none of the records described, or only part of the records, the custodian shall so state in the affidavit and file the affidavit and such records as are available in the manner described in §§
68-11-402
and
68-11-403
.
(c)
The filing of such affidavit with respect to reasonable charges shall be sufficient proof of such expense, which shall be taxed as costs of court.
Acts 1977, ch. 158, § 5; T.C.A., § 53-1505; Acts 1984, ch. 819, § 3.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 4 - HOSPITAL RECORDS AS EVIDENCE (§§ 68-11-401 — 68-11-408) › Section 68-11-406 - Admissibility of copies and affidavits

(a)
The copy of the record shall be admissible in evidence to the same extent as though the original of the record were offered and the custodian had been present and testified to the matters stated in the affidavit.
(b)
(1)
The affidavit shall be admissible in evidence and the matters stated in the affidavit shall be presumed true in the absence of a preponderance of evidence to the contrary.
(2)
When more than one (1) person has knowledge of the facts, more than one (1) affidavit may be made.
Acts 1977, ch. 158, § 6; T.C.A., § 53-1506.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 4 - HOSPITAL RECORDS AS EVIDENCE (§§ 68-11-401 — 68-11-408) › Section 68-11-407 - Personal attendance of custodian - Production of original record

(a)
Where the personal attendance of the custodian is required, the subpoena duces tecum shall contain a clause which reads:
"The procedure authorized pursuant to §
68-11-402
will not be deemed sufficient compliance with this subpoena."
(b)
Where both the personal attendance of the custodian and the production of the original record are required, the subpoena duces tecum shall contain a clause that reads:
"Original records are required, and the procedure authorized pursuant to §
68-11-402
will not be deemed sufficient compliance with this subpoena."
(c)
Where the personal attendance of the custodian is required, the reasonable cost of producing the records shall be taxed as costs of court.
Acts 1977, ch. 158, § 7; T.C.A., § 53-1507.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 4 - HOSPITAL RECORDS AS EVIDENCE (§§ 68-11-401 — 68-11-408) › Section 68-11-408 - Substitution of copies for original records

(a)
In view of the property right of the hospital or community mental health center in its records, original records may be withdrawn after introduction into evidence and copies substituted, unless otherwise directed for good cause by the court, judge, officer, body or tribunal conducting the hearing.
(b)
The custodian may prepare copies of original records in advance of testifying for the purpose of making substitution of the original record, and the reasonable charges for making such copies shall be taxed as costs of court.
(c)
If copies are not prepared in advance, they can be made and substituted at any time after introduction of the original record, and the reasonable charges for making such copies shall be taxed as costs of court.
Acts 1977, ch. 158, § 8; T.C.A., § 53-1508; Acts 1984, ch. 819, § 3.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 5 - CONTRIBUTIONS AND PUBLIC AID TO HOSPITALS (§§ 68-11-501 — 68-11-507) › Section 68-11-501 - Cities or counties guaranteeing maintenance of hospital erected and equipped by others

(a)
Any municipality through its mayor and governing board is authorized to enter into contracts and guarantee the payment, and to make payment of the expense of maintaining a hospital for a period of five (5) years; provided, that any person will agree to defray the expense of building and equipping the hospital within the limits of the city for its use.
(b)
Any county is empowered through its county legislative body at its regular meeting to enter into contracts and guarantee, and to make payment of, the expense of maintaining a hospital for a period not exceeding five (5) years; provided, that any person will agree to defray the expense of building and equipping such hospital within the county for its use.
Acts 1925, ch. 32, § 1; Shan. Supp., § 2706a94; mod. Code 1932, § 4828; impl. am. Acts 1978, ch. 934, §§ 7, 12, 36; T.C.A. (orig. ed.), § 53-1401.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 5 - CONTRIBUTIONS AND PUBLIC AID TO HOSPITALS (§§ 68-11-501 — 68-11-507) › Section 68-11-502 - Interlocal agreements for apportionment of expense

Municipalities and counties are empowered severally and jointly to enter into the contracts provided for in §
68-11-501
. The municipalities and counties and those persons maintaining hospitals are authorized mutually to agree as to the amount of the expenses of the operation and upkeep of the hospital to be paid by the municipality and the county, and to apportion the expenses of operation and upkeep between the municipality and the county, the agreement to be made by the legislative bodies of the municipality and the county.
Acts 1925, ch. 32, § 2; Shan. Supp., § 2706a95; mod. Code 1932, § 4829; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 53-1402.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 5 - CONTRIBUTIONS AND PUBLIC AID TO HOSPITALS (§§ 68-11-501 — 68-11-507) › Section 68-11-503 - Contracts to build and equip hospital - Acceptance

(a)
(1)
The contract provided for by §§
68-11-501
and
68-11-502
, when made by the county legislative body of any county, shall be embodied in a resolution and shall set forth in full the proposition made by any person offering to build and equip the hospital.
(2)
The resolution shall be adopted by the majority vote of the members of the county legislative body at a regular meeting of the legislative body.
(b)
The legislative body of any municipality shall adopt an ordinance embodying the contract with any person offering to build such hospital and the ordinance shall be duly passed, signed and attested as other ordinances made by the municipality.
(c)
The contract so made by either a municipality or county, whether separately or jointly, shall be entered upon the minutes of the respective legislative bodies.
Acts 1925, ch. 32, § 3; Shan. Supp., § 2706a96; Code 1932, § 4830; impl. am. Acts 1978, ch. 934, §§ 7, 12, 36; T.C.A. (orig. ed.), § 53-1403.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 5 - CONTRIBUTIONS AND PUBLIC AID TO HOSPITALS (§§ 68-11-501 — 68-11-507) › Section 68-11-504 - Contributions to public welfare hospitals by counties or incorporated municipalities

Any county or incorporated municipality of this state is empowered and authorized to make contributions of property or money from the public funds of the county or municipality, or of both, to any general welfare corporation established under the laws of this state, and engaged in acquiring, erecting, building, constructing, improving, maintaining, operating, expanding, enlarging or repairing any hospital of this state that serves the citizens and residents of the county or municipality, without regard to race, creed or color, and that is not operated for private profit, without regard to whether the hospital is located within or without the territorial limits of the county or municipality.
Acts 1949, ch. 177, § 1; C. Supp. 1950, § 5879.30 (Williams, § 4432.39); T.C.A. (orig. ed.), § 53-1404.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 5 - CONTRIBUTIONS AND PUBLIC AID TO HOSPITALS (§§ 68-11-501 — 68-11-507) › Section 68-11-505 - Contributions declared a public purpose

The contribution of public property and moneys, or both, to a public welfare corporation conducting a hospital is declared to be a public purpose for which public moneys raised by taxation may be expended.
Acts 1949, ch. 177, § 2; C. Supp. 1950, § 5879.31 (Williams, § 4432.40); T.C.A. (orig. ed.), § 53-1405.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 5 - CONTRIBUTIONS AND PUBLIC AID TO HOSPITALS (§§ 68-11-501 — 68-11-507) › Section 68-11-506 - Manner of making contributions

(a)
In making any contribution pursuant to this part, the county legislative body shall act by resolution making an appropriation where the contribution is from the funds of the county, or directing the execution of a bill of sale or deed by appropriate county officers in the name of the county whenever the contribution is one of real or personal property.
(b)
Any contribution made by a municipality shall be by ordinance or resolution adopted as required by the charter of the municipality, and providing either an appropriation or for the transfer of real or personal property.
Acts 1949, ch. 177, § 3; C. Supp. 1950, § 5879.32 (Williams, § 4432.41); impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 53-1406.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 5 - CONTRIBUTIONS AND PUBLIC AID TO HOSPITALS (§§ 68-11-501 — 68-11-507) › Section 68-11-507 - Prior contributions validated

All contributions pursuant to this part previously given to the public welfare corporations conducting hospitals as mentioned in this part are validated.
Acts 1949, ch. 177, § 4; C. Supp. 1950, § 5879.33 (Williams, § 4432.42); T.C.A. (orig. ed.), § 53-1407.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 6 - MEDICAL ARTS BUILDING ACT OF 1974 (§§ 68-11-601 — 68-11-615) › Section 68-11-601 - Short title

This part shall be known and may be cited as the "Medical Arts Building Act of 1974."
Acts 1974, ch. 601, § 1; T.C.A., § 53-5901.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 6 - MEDICAL ARTS BUILDING ACT OF 1974 (§§ 68-11-601 — 68-11-615) › Section 68-11-602 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"County or municipality" includes any county or incorporated city or town of this state;
(2)
"Equipment" includes, but is not limited to, X-ray machines, dental chairs, dental drills, autoclaves, refractometers, examining tables, dialysis equipment and all other equipment and instruments used and useful in the practice of medicine and dentistry;
(3)
"Governing body" includes the body or board by whatever name it may be known, charged with the governing of a municipality;
(4)
"Medical arts building" means any building or buildings, including the site of the building or buildings, providing space suitable for the use of physicians or dentists, or both, as office space, emergency treatment rooms, laboratories, examining rooms, therapy rooms or other uses in connection with the practice of medicine or dentistry and the provision of health care, but does not include hospital facilities or overnight or extended care facilities; and
(5)
"Professional corporation" or "professional partnership" means a corporation or partnership formed pursuant to Tennessee law by a person or persons licensed to practice medicine or dentistry in this state.
Acts 1974, ch. 601, § 2; T.C.A., § 53-5902.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 6 - MEDICAL ARTS BUILDING ACT OF 1974 (§§ 68-11-601 — 68-11-615) › Section 68-11-603 - Purpose - Construction

(a)
It is determined and declared that for the benefit of the people of this state, the improvement and maintenance of their health and living conditions and their general welfare, it is essential that the people of this state have access to adequate medical and dental care; that it is essential that physicians and dentists have available adequate structures in which to carry on the examination, treatment and testing that is a part of their professional practice; that largely because of a lack of availability of such structures there has been an increasing outward migration of physicians and dentists from this state; and that it is the purpose of this part to provide a measure of assistance in making available for lease to individual physicians and dentists, professional partnerships and professional corporations, structures in which they may carry on their medical and dental practices, such structures defined in this part to be medical arts buildings, all to the public benefit and good.
(b)
This part shall be liberally construed in conformity with such intention.
Acts 1974, ch. 601, § 3; T.C.A., § 53-5903.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 6 - MEDICAL ARTS BUILDING ACT OF 1974 (§§ 68-11-601 — 68-11-615) › Section 68-11-604 - Powers of county or municipality

In addition to powers that it may otherwise have in its charter or the laws of this state, any county or municipality is empowered under this part, subject to the conditions, limitations and restrictions provided in this part, to:
(1)
Construct, acquire by gift or purchase, reconstruct, improve, better or extend, and equip any medical arts building within the county or municipality, and acquire by gift or purchase lands or rights in land in connection with the medical arts building;
(2)
Issue bonds to finance, in whole or in part, the cost of the acquisition, purchase, construction, reconstruction, improvement, betterment or extension, and equipping of medical arts buildings, including the acquisition of lands or rights in land in connection with the medical arts building. The governing body of the county or municipality, in determining the cost, may include all costs and estimated cost of the issuance of the bonds, all engineering, inspection, fiscal and legal expenses, and interest that it is estimated will accrue during the construction period and for six (6) months thereafter on money borrowed or that it is estimated will be borrowed pursuant to this part;
(3)
Rent or lease all or a portion of the medical arts buildings to individual physicians or dentists licensed to practice in this state, professional partnerships or professional corporations, in such manner that rents to be charged for the use of the medical arts buildings shall be fixed and revised from time to time so as to produce income and revenues sufficient to provide for the prompt payment of interest upon all bonds issued under this part, and to create a sinking fund to pay the principal of the bonds when due, and to provide for the operation and maintenance of the medical arts buildings, and for an adequate depreciation account, if desired, in connection with the medical building;
(4)
Pledge to the punctual payment of bonds authorized under this part and interest on the bonds the income and revenues to be received from such medical arts buildings, including improvements, betterments or extensions to the medical arts building, sufficient to pay the bonds and interest as the bonds and interest shall become due and to create and maintain reasonable reserves for the bonds and interest;
(5)
Make certain the punctual payment of bonds authorized under this part, and interest on the bonds, by pledging the full faith and credit of the county or municipality under the conditions, restrictions and limitations set forth in this part; and
(6)
Issue its bonds to refund in whole or in part, bonds theretofore issued by the county or municipality under authority of this part.
Acts 1974, ch. 601, § 4; T.C.A., § 53-5904.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 6 - MEDICAL ARTS BUILDING ACT OF 1974 (§§ 68-11-601 — 68-11-615) › Section 68-11-605 - Construction authorized - Bonds

(a)
The construction, acquisition, reconstruction, improvement, betterment, extension and equipping of any medical arts buildings may be authorized under this part, and bonds may be authorized to be issued under this part to provide funds for such purpose or purposes or for the refunding of bonds already issued under this part, by resolution or resolutions of the governing body, which resolutions may be adopted by a majority of all the members of the governing body then in office at the same meeting at which they are introduced, and shall take effect immediately upon adoption.
(b)
The bonds shall bear interest at the rate or rates, payable semiannually, may be in one (1) or more series, may bear the date or dates, may mature at the time or times not exceeding forty (40) years from their respective dates, may be payable in the medium of payment at the place or places, may carry the registration privileges, may be subject to the terms of redemption with or without premium, may be executed in the manner, may contain the terms, covenants and conditions, and may be in the form, either coupon or registered, as the resolution or subsequent resolutions may provide.
(c)
The bonds may be sold in the manner and upon the terms as may be deemed advisable by the governing body; provided, that bonds to which the full faith and credit and unlimited taxing power of the county or municipality are pledged shall be sold at public sale pursuant to the Local Government Public Obligations Law, compiled in title 9, chapter 21; and further provided, that bonds for refunding purposes shall not be sold at less than par, but may be delivered in exchange for bonds to be refunded thereby.
(d)
(1)
Pending the preparation of the definitive bonds, interim receipts or certificates in the form and with the provisions as the governing body may determine, may be issued to the purchaser or purchasers of bonds sold pursuant to this part.
(2)
The bonds and interim receipts or certificates shall be fully negotiable within the meaning of and for all purposes of title 47, chapter 3.
Acts 1974, ch. 601, § 5; T.C.A., § 53-5905.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 6 - MEDICAL ARTS BUILDING ACT OF 1974 (§§ 68-11-601 — 68-11-615) › Section 68-11-606 - Approval of bond issue at election

(a)
The governing body of any county or municipality desiring to issue bonds as authorized in this part shall declare its intention of issuing the bonds by adopting an initial resolution calling for their issuance and providing that prior to the delivery of and payment for any bonds authorized under this part, a three-fourths (3/4) majority of the registered voters of the municipality voting at an election on the special question of issuing the bonds shall approve of the bond issue; provided, that no election shall be necessary in connection with the authorization of refunding bonds under this part.
(b)
The governing body shall, by resolution, direct the county election commission to hold an election on the question of issuing the bonds.
(c)
The question submitted to the voters shall include the maximum amount of bonds to be issued, the purpose for the bonds and a statement as to whether the bonds shall be payable exclusively from the income and revenues derived from the medical arts buildings, or from the income and revenues and, in the event of a deficiency of income and revenues, from general ad valorem taxes.
(d)
It is the duty of the governing body of the county or municipality to enter upon its minutes the results and returns of the election, and after the delivery of any bonds voted upon at the election and payment therefor, the entry upon the minutes shall be conclusive evidence of the result of the election, and thereafter no suit, action or other proceeding contesting the validity of the election shall be entertained in any of the courts of the state.
(e)
If the election results unfavorably to the proposition, then no second or other election shall be ordered or held until the governing body again determines that an election may be held.
Acts 1974, ch. 601, § 6; T.C.A., § 53-5906.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 6 - MEDICAL ARTS BUILDING ACT OF 1974 (§§ 68-11-601 — 68-11-615) › Section 68-11-607 - Resolution of governing body on details of bonds to be issued

(a)
After the adoption of the initial resolution provided for in §
68-11-606
, but not necessarily subsequent to the election on the special question of issuance of bonds, the governing body shall adopt a bond resolution providing the details of the bonds to be issued. Any resolution may contain covenants as to:
(1)
The use and disposition of the rentals from the medical arts building for which the bonds are to be issued, including the creation and maintenance of reserves;
(2)
The issuance of other or additional bonds payable from the income and revenues from the medical arts building;
(3)
The maintenance and repair of the medical arts building;
(4)
The insurance to be carried on the medical arts building and the use and disposition of insurance moneys; and
(5)
The terms and conditions upon which the holders of the bonds, or any portion of the bonds or any trustees for the bonds, are entitled to the appointment of a receiver by the chancery court, which court shall have jurisdiction in such proceedings.
(b)
The receiver may enter and take possession of the medical arts building and lease and maintain it, prescribe rentals and collect, receive and apply all income and revenues thereafter arising from the medical arts building, in the same manner and to the same extent as the municipality itself might do.
(c)
This part and any such resolution or resolutions shall be a contract with the holder or holders of the bonds and shall continue in effect until the principal of and the interest on the bonds so issued have been fully paid, and the duties of the county or municipality and its governing body and officers under this part, and any bond resolution or resolutions shall be enforceable by a bondholder by mandamus, or other appropriate suit, action or proceedings in any court of competent jurisdiction.
Acts 1974, ch. 601, § 7; T.C.A., § 53-5907.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 6 - MEDICAL ARTS BUILDING ACT OF 1974 (§§ 68-11-601 — 68-11-615) › Section 68-11-608 - Collection of rents for payment of bonds

(a)
The governing body of the municipality issuing bonds pursuant to this part shall prescribe and collect rentals for each medical arts building, and shall revise the rentals from time to time whenever necessary, so that the income and revenues to be derived from the rentals will always be sufficient to pay when due all bonds and interest on the bonds for the payment of which the revenues are pledged, including reserve for the bonds if any, and to provide for all expenses of operation and maintenance, of the medical arts buildings, and for an adequate depreciation account, if desired, in connection with the medical arts building.
(b)
All funds arising under this part shall be kept separate and apart from other funds of the municipality.
Acts 1974, ch. 601, § 8; T.C.A., § 53-5908.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 6 - MEDICAL ARTS BUILDING ACT OF 1974 (§§ 68-11-601 — 68-11-615) › Section 68-11-609 - Bonds secured by lien on rentals

All bonds issued under this part and the interest on the bonds shall be secured by a lien upon the rentals from the medical arts building for which the bonds have been issued, and the governing body may provide in the bond resolution for additional bonds to be equally and ratably secured by a lien upon the rentals or may provide that the lien upon the rentals for future bonds shall be subordinate.
Acts 1974, ch. 601, § 9; T.C.A., § 53-5909.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 6 - MEDICAL ARTS BUILDING ACT OF 1974 (§§ 68-11-601 — 68-11-615) › Section 68-11-610 - Pledges of full faith and credit and taxing power as additional security - Enforcement of bondholders' rights

(a)
(1)
If desired by the governing body in order to further secure the payment of any of the bonds issued pursuant to this part, and interest on the bonds, any municipality shall have the power as to the bonds to pledge in addition to all other revenues and funds provided for in this part, the full faith and credit and unlimited taxing power of the county or municipality to the punctual payment of the principal of and interest on the bonds.
(2)
In the event the pledge of full faith and credit and unlimited taxing power of the county or municipality is given, any holder or holders of the bonds, including a trustee or trustees for holders of such bonds, shall have the right, in addition to all other rights, by mandamus or other suit, action or proceedings in any court of competent jurisdiction, to enforce the holder's or holders', or any such trustee's or trustees' rights against the municipality, and the governing body of the county or municipality and any officer, agent or employee of the county or municipality, including, but not limited to, the right to require the county or municipality and governing body and any proper officer, agent or employee of the county or municipality, to assess, levy and collect taxes and other revenues and charges adequate to carry out any agreement as to, or pledge of, such taxes, revenues and charges.
(b)
The taxes authorized to be pledged in this part shall be levied without limit as to rate or amount upon all taxable property within the county or municipality, and all such taxes to be levied are declared to have been levied for county and corporation purposes, respectively, within the meaning of article II, § 29 of the Constitution of Tennessee.
Acts 1974, ch. 601, § 10; T.C.A., § 53-5910.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 6 - MEDICAL ARTS BUILDING ACT OF 1974 (§§ 68-11-601 — 68-11-615) › Section 68-11-611 - Validity of bonds

(a)
Bonds issued pursuant to this part bearing the signatures, or facsimiles of the signatures of the officers in office on the date of the signing of the bonds shall be valid and binding obligations, notwithstanding that before the delivery of the bonds and payment for the bonds, any or all the persons whose signatures or facsimile signatures appear on the bonds shall have ceased to be officers of the county or municipality issuing the bonds.
(b)
The validity of the bonds shall not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition, purchase, construction, reconstruction, improvement, betterment, extension or equipping of the medical arts building for which the bonds are issued.
(c)
The bond resolution shall provide that the bonds contain a recital that they are issued pursuant to this part, which recital shall be conclusive evidence of their validity and of the regularity of their issuance.
Acts 1974, ch. 601, § 11; T.C.A., § 53-5911.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 6 - MEDICAL ARTS BUILDING ACT OF 1974 (§§ 68-11-601 — 68-11-615) › Section 68-11-612 - Bonds exempt from taxes

All bonds issued pursuant to this part and the income from the bonds shall be exempt from all state, county and municipal taxation, except inheritance, transfer and estate taxes.
Acts 1974, ch. 601, § 12; T.C.A., § 53-5912.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 6 - MEDICAL ARTS BUILDING ACT OF 1974 (§§ 68-11-601 — 68-11-615) › Section 68-11-613 - Bonds legal and authorized investments

(a)
Bonds issued under the authority of this part and secured by a pledge of full faith and credit shall be and are declared to be legal and authorized investments for banks, savings banks, trust companies, building and loan associations, insurance companies, fiduciaries, trustees, guardians and for all public funds of the state of Tennessee, including, but not limited to, the sinking funds of cities, towns, villages, counties, school districts or other political corporations or subdivisions of the state.
(b)
The bonds shall be eligible to secure the deposit of any and all public funds of the state and any and all public funds of cities, towns, villages, counties, school districts or other political corporations or subdivisions of the state, and the bonds shall be lawful and sufficient security for the deposits to the extent of their value when accompanied by all unmatured coupons appertaining to the bonds.
Acts 1974, ch. 601, § 13; T.C.A., § 53-5913.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 6 - MEDICAL ARTS BUILDING ACT OF 1974 (§§ 68-11-601 — 68-11-615) › Section 68-11-614 - Joint undertakings

Two (2) or more counties or municipalities may exercise jointly the powers and authorities conferred upon them individually in this part.
Acts 1974, ch. 601, § 14; T.C.A., § 53-5914.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 6 - MEDICAL ARTS BUILDING ACT OF 1974 (§§ 68-11-601 — 68-11-615) › Section 68-11-615 - Provisions supplemental - Bonds

(a)
The powers conferred by this part shall be in addition and supplemental to, and the limitations imposed by this part shall not affect the powers conferred by, any other general, special or local law.
(b)
Medical arts buildings may be acquired, purchased, constructed, reconstructed, improved, bettered, extended and equipped, and bonds may be issued under this part for such purposes, notwithstanding that any general, special or local law may provide for the acquisition, purchase, construction, reconstruction, improvement, betterment, extension and equipping of a like medical arts building, or the issuance of bonds for like purposes, and without regard to the requirements, restrictions, limitations or other provisions contained in any other general, special or local law.
Acts 1974, ch. 601, § 15; T.C.A., § 53-5915.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 7 - PATIENT TRANSFERS (§§ 68-11-701 — 68-11-705) › Section 68-11-701 - Legislative intent

It is the intent of the general assembly that the department of health, acting through the board for licensing health care facilities created in §
68-11-203
, shall promulgate rules, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to regulate the transfer of inpatients between hospitals, and that inpatients should not be involuntarily transferred for purely economic reasons, but should receive the needed medical care as required by chapter 140, part 3 of this title.
Acts 1986, ch. 711, § 2.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 7 - PATIENT TRANSFERS (§§ 68-11-701 — 68-11-705) › Section 68-11-702 - Standards and policies

(a)
The health facilities commission, acting through the board for licensing health care facilities created in §
68-11-203
, shall adopt rules, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to provide standards governing the transfer of hospital inpatients. The rules shall provide that inpatient transfers between hospitals shall be accomplished in a medically reasonable manner by providing for:
(1)
The transfer of patients requiring emergency services who have sustained an injury or who are suffering from an acute medical condition where the injury or condition is liable to cause death, severe injury, or severe illness, as determined by a physician, only after having complied with the requirements of chapter 140, part 3 of this title;
(2)
The use of medically reasonable life support measures to stabilize the patient prior to transfer and to sustain the patient during the transfer, as determined by a physician;
(3)
The transfer of any necessary records for continuing the care for the patient;
(4)
The prohibition of discrimination against patients based on race, religion or national origin; and
(5)
The date by which each hospital must adopt policies in accordance with these rules.
(b)
Each hospital shall adopt policies relating to inpatient transfers that are consistent with the rules adopted by the board.
Amended by 2022 Tenn. Acts, ch. 1119, s 71, eff. 7/1/2022.
Acts 1986, ch. 711, § 3.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 7 - PATIENT TRANSFERS (§§ 68-11-701 — 68-11-705) › Section 68-11-703 - Notice and correction of violations

If the board for licensing health care facilities finds that a hospital is violating or has violated this part, or a rule adopted pursuant to this part, the board shall notify the hospital of its finding and shall provide the hospital a reasonable opportunity to correct the violation.
Acts 1986, ch. 711, § 4.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 7 - PATIENT TRANSFERS (§§ 68-11-701 — 68-11-705) › Section 68-11-704 - Suspension or revocation of license

A violation of this part is deemed to constitute sufficient grounds for the suspension or revocation of the hospital's license, as provided at §
68-11-207
, and shall further subject the institution to the penalties provided in §
68-11-213
.
Acts 1986, ch. 711, § 5.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 7 - PATIENT TRANSFERS (§§ 68-11-701 — 68-11-705) › Section 68-11-705 - Persons with mental illness or intellectual disability

In promulgating the regulations regarding transfers of hospital inpatients, as required by this part, the board for licensing health care facilities shall give due regard to title 33, regarding commitment and transfer of persons with mental illness or intellectual disability, it being the express legislative intent that neither this part nor the regulations promulgated pursuant to this part shall be construed to constitute an amendment or modification of title 33.
Acts 1986, ch. 711, § 6; 2011, ch. 158, § 38.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 8 - DEFICIENT NURSING HOMES (§§ 68-11-801 — 68-11-832) › Section 68-11-801 - Authority to impose penalties - Consultation to determine medical necessity

(a)
The executive director of the health facilities commission has the authority to impose civil monetary penalties upon deficient nursing homes, as defined by §
68-11-201
, under the circumstances provided in this part.
(b)
In addition to the civil monetary penalties specifically enumerated in this part, the executive director has the authority to impose civil monetary penalties in such amount, scope, manner and circumstances as required by the federal Nursing Home Reform Act of 1987.
(c)
The executive director has the authority to promulgate rules and regulations to impose the civil monetary penalties described in subsection (b).
(d)
The imposition of a state civil penalty pursuant to this section and the decision to impose such penalty shall not be affected by either the imposition or withholding of a federal sanction under Title XVIII of the Social Security Act (
42 U.S.C. § 1395
et seq.), or Title XIX of the Social Security Act (
42 U.S.C. § 1396
et seq.).
Amended by 2022 Tenn. Acts, ch. 1119, s 72, eff. 7/1/2022.
Acts 1987, ch. 312, § 1; 1989, ch. 512, §§ 1, 6; 2000, ch. 978, § 1; 2003 , ch. 169, § 4.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 8 - DEFICIENT NURSING HOMES (§§ 68-11-801 — 68-11-832) › Section 68-11-802 - Type A civil monetary penalties

(a)
Type A civil monetary penalties may be imposed whenever the executive director of the health facilities commission finds the conditions in a nursing home are, or are likely to be, detrimental to the health, safety or welfare of the patients, and the executive director has accompanied this finding by ordering the nursing home to suspend the admission of any new patients, as provided by §
68-11-252
.
(b)
No type A civil penalty may be imposed solely for a communicable disease where the nursing home has maintained an adequate quality of patient care and made reasonable efforts to prevent the spread of the communicable disease.
(c)
The imposition of a type A civil penalty shall exclude the assessment of type B or type C civil penalties for the specific violations contributing to these conditions.
Amended by 2022 Tenn. Acts, ch. 1119, s 73, eff. 7/1/2022.
Amended by 2018 Tenn. Acts, ch. 655, s 5, eff. 7/1/2018.
Acts 1987, ch. 312, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 8 - DEFICIENT NURSING HOMES (§§ 68-11-801 — 68-11-832) › Section 68-11-805 - Applicability of penalties - Higher, additional and more detailed standards - Lesser standards not allowed

(a)
The standards specified in §§
68-11-803
and
68-11-804
are those whose violation may justify the imposition of a civil monetary penalty.
(b)
The board for licensing health care facilities may, as authorized by §
68-11-209
, promulgate rules and regulations establishing higher, additional and more detailed minimum standards for nursing homes, but the board shall not have the authority to adopt any standard that is less rigorous than those specified in §§
68-11-801
- 68-11-805.
(c)
Should the board find that its rules governing licensed nursing homes are less rigorous than §§
68-11-801
- 68-11-805, the board shall amend its rules to conform to these standards.
(d)
Should the board adopt higher standards, they may be used for all purposes related to the licensing of nursing homes, but will not alter the circumstances under which civil penalties can be imposed, that power being specifically reserved for the general assembly.
Acts 1987, ch. 312, § 1.