reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 2 - GENERAL PROVISIONS (§§ 63-6-201 — 63-6-248) › Section 63-6-201 - License requirements

(a)
No person shall practice medicine in any of its departments within this state unless and until such person has obtained a license from the board created by §
63-6-101
. The provisions in this chapter with reference to obtaining a license from the board do not apply to any person who on July 1, 1947, was duly and regularly licensed by law to practice medicine in any of its branches in this state.
(b)
(1)
Notwithstanding the foregoing provisions visiting medical faculty licensed in a country other than the United States and employed full time by a college or university operating an accredited medical school in Tennessee are exempt from the requirement of a license; provided, that the visiting faculty member is a graduate of a medical school, a recognized medical authority approved by the board and the practice of the visiting faculty member is limited to and is incidental to the visiting faculty member's employment at an accredited medical school in Tennessee. Such person is entitled to engage in private practice; provided, that the person enrolls and satisfactorily participates in a three-year residency program approved by the board. No physician authorized under this subsection (b) to engage in private practice shall continue to engage in private practice of any form after a period of three (3) years unless such person meets all the requirements of licensure set forth in §
63-6-207
.
(2)
It is the responsibility of the dean of the medical school to apply to the board for an exemption for each such visiting faculty member. Such application for exemption shall be filed annually, and an individual applicant may not receive an exemption for a period in excess of two (2) years. It is also the responsibility of the above-named dean to notify the board upon termination of a visiting faculty member's responsibilities.
(3)
The board may impose a fee to accompany each application for exemption.
Acts 1901, ch. 78, § 1; 1905, ch. 111, § 1; Shan., § 3609a13; Code 1932, § 6918; impl. am. Acts 1947, ch. 9, §§ 2-4, 9; mod. C. Supp. 1950, § 6918; Acts 1977, ch. 285, § 1; T.C.A. (orig. ed.), § 63-605; Acts 1982, ch. 905, § 3; 1984, ch. 937, §§ 27, 28; 1989, ch. 523, §§ 39, 40; 1990, ch. 1055, § 2; 1994, ch. 732, § 1; 1995, ch. 329, § 5; 2003 , ch. 262, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 2 - GENERAL PROVISIONS (§§ 63-6-201 — 63-6-248) › Section 63-6-202 - Unlawful activities of itinerant physicians or vendors - Penalties

(a)
It is unlawful for any itinerant physician or vendor of any drug, nostrum, ointment or application of any kind intended for treatment of disease or injury to sell or apply the same or for such itinerant physician or vendor, by writing, printing or other methods, to profess to cure or treat diseases or deformity by any drug, nostrum, manipulation or other expedient in this state.
(b)
(1)
A violation of this section is a Class A misdemeanor.
(2)
Each violation of this section constitutes a separate offense.
Acts 1907, ch. 543, § 4; Shan., § 3609a31; Code 1932, § 6935; Acts 1945, ch. 181, § 8; C. Supp. 1950, § 6935; T.C.A. (orig. ed.), § 63-606; Acts 1989, ch. 591, §§ 1, 6.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 2 - GENERAL PROVISIONS (§§ 63-6-201 — 63-6-248) › Section 63-6-203 - Penalties

(a)
(1)
Any person who practices medicine or surgery in this state without having first complied with the provisions of this chapter commits a Class B misdemeanor for each instance of such practice.
(2)
Each time any person practices medicine or surgery without first obtaining a valid certificate or renewing a certificate constitutes a separate offense.
(3)
Any person filing or attempting to file as the person's own a diploma or license of another or a forged affidavit of identification commits a Class E felony.
(b)
All fines for offenses under this chapter shall be paid over to the board to constitute a part of the funds of the board to be paid into the state treasury.
Acts 1901, ch. 78, § 18; Shan., § 3609a32; mod. Code 1932, § 6936; Acts 1945, ch. 181, § 9; mod. C. Supp. 1950, § 6936; T.C.A. (orig. ed.), § 63-607; Acts 1989, ch. 591, §§ 84, 112; 1993, ch. 404, § 6.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 2 - GENERAL PROVISIONS (§§ 63-6-201 — 63-6-248) › Section 63-6-205 - Practice of naturopathy

(a)
It is unlawful for any person to practice naturopathy in this state.
(b)
"Naturopathy" means nature cure or health by natural methods and is defined as the prevention, diagnosis and treatment of human injuries, ailments and disease by the use of such physical forces as air, light, water, vibration, heat, electricity, hydrotherapy, psychotherapy, dietetics or massage and the administration of botanical and biological drugs.
(c)
In no event shall naturopathy mean the sale of herbs or natural health information exchanges provided as a service so long as:
(1)
The sale or provision of information exchanges is not conducted for the purpose of the prevention, diagnosis or treatment of any physical ailment or physical injury to or deformity of another; and
(2)
In any instance involving natural health information exchanges, the seller obtains a signed acknowledgement from the buyer that the seller is neither a licensed practitioner of the healing arts in this state, nor meets the recognized qualification criteria that would allow the provision of any form of diagnosis, treatment recommendation or medical care in this state. For the purposes of meeting the requirements of this section, the seller shall keep the signed acknowledgement from the buyer on file for a period of three (3) years.
(d)
A violation of this section is a Class B misdemeanor.
(e)
This section does not apply to persons who comply with the regulatory laws of the state with respect to the practice of the various healing arts.
Acts 1947, ch. 2, §§ 1, 2; mod. C. Supp. 1950, § 6940.1 (Williams, § 7025.4); T.C.A. (orig. ed.), § 63-609; Acts 1989, ch. 591, § 112; 2009 , ch. 416, § 1; 2012 , ch. 745, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 2 - GENERAL PROVISIONS (§§ 63-6-201 — 63-6-248) › Section 63-6-206 - Penalty for unlawful issuance of licenses

(a)
It is a Class B misdemeanor, and disqualifies for office, for the board to issue a license to any person except as prescribed in this chapter. Should the board be so disqualified, the governor shall appoint a new board in full as provided in this chapter.
(b)
In no event shall the negligent issuance of a license result in criminal prosecution under this chapter.
Acts 1901, ch. 78, § 22; Shan., § 3609a36; mod. Code 1932, § 6940; impl. am. Acts 1947, ch. 9, §§ 2-4, 9; C. Supp. 1950, § 6940; T.C.A. (orig. ed.), § 63-610; Acts 1984, ch. 937, § 29; 1989, ch. 591, § 112; 1993, ch. 404, § 7.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 2 - GENERAL PROVISIONS (§§ 63-6-201 — 63-6-248) › Section 63-6-209 - Issue of licenses

(a)
Licenses shall be issued promptly by the division as directed by the board after the board determines that an applicant has met all licensure criteria or qualifications and successfully passed the examination. The board shall also issue to such applicant a certificate of registration signed by the administrator of the health related boards, which certificate shall recite that the person is duly registered for the years specified.
(b)
The board also has the authority to issue locum tenens and/or conditional licenses as it deems appropriate after reviewing the qualifications of applicants. In addition to the authority granted the board in §
63-6-214
, the board has the authority to issue restricted licenses and special licenses based upon licensure to another state for the limited purpose of authorizing the practice of telemedicine to current applicants or current licensees, or both, as it deems necessary, pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c)
Any certificate of registration issued by the board shall contain the name of the person to whom it is issued, the address of the person, the date and number of the license and such other information as the board deems necessary. The address contained on this certificate of registration shall be the address of the licensee where all correspondence and renewal forms from the board shall be sent during the two (2) years for which the certificate of registration has been issued and shall be the address deemed sufficient for purposes of service of process.
(d)
Any licensee whose address changes from the address contained on the registration certificate shall, within thirty (30) days thereafter, notify the board of the address change.
Acts 1901, ch. 78, § 11; Shan., § 3609a24; Code 1932, § 6928; Acts 1945, ch. 181, § 6; impl. am. Acts 1947, ch. 9, §§ 2-4, 9; C. Supp. 1950, § 6928; Acts 1953, ch. 113, § 15; 1961, ch. 114, § 1; 1972, ch. 587, § 1; T.C.A. (orig. ed.), § 63-613; Acts 1984, ch. 937, § 31; 1985, ch. 48, § 1; T.C.A., §
63-6-210(a)
; Acts 1993, ch. 404, § 10; 1996, ch. 1043, § 3.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 2 - GENERAL PROVISIONS (§§ 63-6-201 — 63-6-248) › Section 63-6-212 - Records

The board shall keep a record of their proceedings in a book provided for that purpose, which book shall be open for inspection and shall record the name of each applicant, the time of granting a license and the names of the members of the board present. Where a license is denied by the board to any applicant under authority of this chapter, the fact and ground of such denial shall be entered on the minutes of the board and shall be communicated in writing to such applicant.
Acts 1901, ch. 78, § 10; Shan., § 3609a23; Code 1932, § 6927; impl. am. Acts 1947, ch. 9, §§ 2-4, 9; C. Supp. 1950, § 6927; T.C.A. (orig. ed.), § 63-616; Acts 1984, ch. 937, § 33.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 2 - GENERAL PROVISIONS (§§ 63-6-201 — 63-6-248) › Section 63-6-213 - Investigation and prosecution of violations - Injunctions - Contested cases

(a)
The members of the board shall investigate any supposed violation of this chapter and report to the proper district attorney general all the cases that in the judgment of such member or members warrant prosecution.
(b)
It is the duty of the district attorneys general to prosecute violators of this chapter.
(c)
(1)
The board may, through the department of health's general counsel, petition any circuit or chancery court having jurisdiction over any person within this state who is practicing medicine without a license or in violation of a restriction or condition placed upon a license, regardless of whether such practice resulted from a license being restricted, conditioned, denied, or because a license has been suspended or revoked by action of the board, or any other reason, to enjoin such person from conducting or continuing to conduct the unlawful practice of medicine within this state.
(2)
Jurisdiction is conferred upon the circuit and chancery courts of this state to hear and determine all such causes as equity causes and are authorized to exercise full and complete jurisdiction in these injunctive proceedings. Nothing in this section shall be construed as conferring criminal jurisdiction upon any court not now possessing such criminal jurisdiction, nor shall any such court, as an incident to the injunctive proceedings authorized in this section, have the power to assess criminal penalties.
(d)
The board shall retain rulemaking authority to adjust the administration of its contested case docket in order to provide for the efficient and orderly disposition of contested cases. This authority may include rulemaking for the setting of reasonable limitations on deadlines for case settlements, and whether several contested cases are set on each meeting's docket of business.
Acts 1901, ch. 78, § 21; Shan., § 3609a35; mod. Code 1932, § 6939; Acts 1945, ch. 181, § 11; C. Supp. 1950, § 6939; T.C.A. (orig. ed.), § 63-617; Acts 1996, ch. 1043, § 5.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 2 - GENERAL PROVISIONS (§§ 63-6-201 — 63-6-248) › Section 63-6-215 - Advertising

(a)
The board shall adopt rules and regulations to regulate the nature, manner, content and extent of advertising by practitioners who are under the jurisdiction of such board.
(b)
If advertising is permitted, all methods must be allowed: newspaper, radio and television.
Acts 1901, ch. 78, § 16; 1917, ch. 13, § 2; Shan., § 3609a30; Acts 1919, ch. 117, § 1; Code 1932, § 6933; Acts 1945, ch. 181, § 7; C. Supp. 1950, § 6933; Acts 1975, ch. 355, § 16; 1980, ch. 605, §§ 4, 5; T.C.A. (orig. ed.), § 63-619.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 2 - GENERAL PROVISIONS (§§ 63-6-201 — 63-6-248) › Section 63-6-216 - Disciplinary proceedings governed by Administrative Procedures Act

All proceedings for disciplinary action against a licensee under this chapter shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1939, ch. 66, § 1; impl. am. Acts 1947, ch. 9, §§ 2-4, 9; C. Supp. 1950, § 6932; T.C.A. (orig. ed.), § 63-620; Acts 1982, ch. 905, § 6.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 2 - GENERAL PROVISIONS (§§ 63-6-201 — 63-6-248) › Section 63-6-217 - Practice after license revocation - Penalty

After the board has revoked the license of any person for any of the grounds specified in §§
63-6-214
and
63-6-215
, such person shall not thereafter practice medicine or surgery in the state, and for each and every instance of such practice the person commits a Class B misdemeanor.
Acts 1919, ch. 117, § 2; Shan. Supp., § 3609a30b1; Code 1932, § 6934; T.C.A. (orig. ed.), § 63-621; Acts 1989, ch. 591, § 112.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 2 - GENERAL PROVISIONS (§§ 63-6-201 — 63-6-248) › Section 63-6-218 - "Good Samaritan Law."

(a)
This section shall be known and cited as the "Good Samaritan Law."
(b)
Any person, including those licensed to practice medicine and surgery and including any person licensed or certified to render service ancillary thereto, or any member of a volunteer first aid, rescue or emergency squad that provides emergency public first aid and rescue services, shall not be liable to victims or persons receiving emergency care for any civil damages as a result of any act or omission by such person in rendering the emergency care or as a result of any act or failure to act to provide or arrange for further medical treatment or care for the injured person, except such damages as may result from the gross negligence of the person rendering such emergency care, who in good faith:
(1)
Renders emergency care at the scene of an accident, medical emergency and/or disaster, while en route from such scene to a medical facility and while assisting medical personnel at the receiving medical facility, including use of an automated external defibrillator, to the victim or victims thereof without making any direct charge for the emergency care; or
(2)
Participates or assists in rendering emergency care, including use of an automated external defibrillator, to persons attending or participating in performances, exhibitions, banquets, sporting events, religious or other gatherings open to the general public, with or without an admission charge, whether or not such emergency care is made available as a service, planned in advance by the promoter of the event and/or any other person or association.
(c)
A receiving medical facility shall not be liable for any civil damages as a result of any act or omission on the part of any member of a volunteer first aid, rescue or emergency squad that provides emergency public first aid and rescue services while such person is assisting medical personnel at the receiving medical facility.
(d)
The members of such volunteer fire squad, while providing fire protection within such area outside of a plant, shall be liable to suit under the provisions of the Governmental Tort Liability Act, compiled in title 29, chapter 20, part 2, if:
(1)
A volunteer fire squad is organized by a private company for the protection of the plant and grounds of such company;
(2)
Such squad is willing to respond and does respond to calls to provide fire protection for residents living within a six (6) mile radius of the county surrounding such plant; and
(3)
The plant is located in a county that does not otherwise provide fire protection to such residents.
Acts 1963, ch. 46, §§ 1, 2; 1976, ch. 551, § 1; T.C.A., § 63-622; Acts 1985, ch. 338, §§ 1-4; 1994, ch. 556, § 1; 1998, ch. 963, § 5; 1999, ch. 488, §§ 1, 2.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 2 - GENERAL PROVISIONS (§§ 63-6-201 — 63-6-248) › Section 63-6-219 - Surgical assistants

(a)
No person shall use or assume the title "registered surgical assistant" unless such person is registered with the board as a registered surgical assistant.
(b)
The board shall register as a registered surgical assistant any applicant who presents satisfactory evidence that the applicant:
(1)
Holds and maintains a current credential as a surgical assistant or surgical first assistant issued by the National Board of Surgical Technology and Surgical Assisting, the National Surgical Assistant Association, or the National Commission for Certification of Surgical Assistants or their successors;
(2)
Has successfully completed a surgical assistant training program during the applicant's service as a member of any branch of the armed forces of the United States; or
(3)
Has practiced as a surgical assistant at any time in the six (6) months prior to July 1, 2017, provided the applicant registers with the board by December 31, 2019.
(c)
The board shall have the authority to deny, restrict, condition, revoke, or otherwise discipline the registration of a surgical assistant for violation of this section, violation of any rules promulgated pursuant to this section, or any basis provided in §
63-6-214
.
Acts 1967, ch. 348, § 1; 1975, ch. 117, § 1; T.C.A., § 63-623; Acts 1983, ch. 344, §§ 1, 2; 1987, ch. 315, § 1; 1988, ch. 609, §§ 1, 2; 1990, ch. 596, § 1; 1992, ch. 916, §§ 1-4; 1993, ch. 404, § 13; 1994, ch. 732, §§ 5, 6; 1997 , ch. 470, § 1; 1999, ch. 305, §§ 1 - 3; 2009 , ch. 46, § 1, repealed by Acts 2011 , ch. 67, § 1, effective 4/12/2011.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 2 - GENERAL PROVISIONS (§§ 63-6-201 — 63-6-248) › Section 63-6-220 - Treatment of juvenile drug abusers without parental consent

(a)
Physicians may treat juvenile drug abusers without prior parental consent.
(b)
A physician may use the physician's own discretion in determining whether to notify the juvenile's parents of such treatment.
Acts 1972, ch. 597, § 13; T.C.A., § 63-624.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 2 - GENERAL PROVISIONS (§§ 63-6-201 — 63-6-248) › Section 63-6-222 - Emergency treatment of minors

(a)
Any licensed physician may perform emergency medical or surgical treatment on a minor, despite the absence of parental consent or court order, where such physician has a good faith belief that delay in rendering emergency care would, to a reasonable degree of medical certainty, result in a serious threat to the life of the minor or a serious worsening of such minor's medical condition and that such emergency treatment is necessary to save the minor's life or prevent further deterioration of the minor's condition.
(b)
Such treatment shall be commenced only after a reasonable effort is made to notify the minor's parents or guardian, if known or readily ascertainable.
(c)
Any physician rendering emergency care to a minor pursuant to this section shall not be liable for civil damages, except such damages as may result from the negligence of the physician in rendering such care.
Acts 1981, ch. 242, § 1; T.C.A., § 63-630.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 2 - GENERAL PROVISIONS (§§ 63-6-201 — 63-6-248) › Section 63-6-223 - Prenatal and peripartum care for minors

(a)
Any person licensed to practice medicine, including those persons rendering service pursuant to §
63-6-204
, may, for the purpose of providing prenatal care, examine, diagnose and treat a minor without the knowledge or consent of the parents or legal guardian of the minor and shall incur no civil or criminal liability in connection therewith except for negligence.
(b)
Any person licensed to practice medicine, including those persons rendering service pursuant to §
63-6-204
, may, for the purpose of providing peripartum care, which may include providing peripartum analgesia, examine, diagnose, and treat a minor who is at least fourteen (14) years of age without the knowledge or consent of the parents or legal guardian of the minor and shall incur no civil or criminal liability in connection therewith except for negligence.
Amended by 2017 Tenn. Acts, ch. 138, s 1, eff. 4/17/2017.
Acts 1986, ch. 581, § 1; T.C.A., §
63-6-224
.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 2 - GENERAL PROVISIONS (§§ 63-6-201 — 63-6-248) › Section 63-6-225 - Unlawful division of fees by physicians

(a)
It is an offense for any licensed physician or surgeon to divide or to agree to divide any fee or compensation of any sort received or charged in the practice of medicine or surgery with any person without the knowledge and consent of the person paying the fee or compensation or against whom the fee may be charged.
(b)
This section does not prohibit a physician from compensating any independent contractor that provides goods or services to the physician on the basis of a percentage of the physician's fees generated in the practice of medicine. The percentage paid must be reasonably related to the value of the goods or services provided. Payments by physicians in return for referrals are prohibited.
(c)
A violation of this section is a Class B misdemeanor.
Acts 1989, ch. 591, § 3; 1995, ch. 466, § 2.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 2 - GENERAL PROVISIONS (§§ 63-6-201 — 63-6-248) › Section 63-6-226 - Additional penalty - Suit for recovery

(a)
Any person who violates §
63-6-225
shall also forfeit and pay treble the value of the fee or compensation to the person applying the same or against whom the fee may be charged, or from whom it may have been demanded, and if the party entitled to sue does not sue within two (2) years after the fee or compensation has been paid or demanded, then the state shall have the right to sue for and recover such treble amount, which shall, upon recovery, be paid one-half (1/2) into the state treasury and one-half (1/2) to the officer prosecuting the suit.
(b)
It is the duty of the attorney general and reporter, or of the district attorney general of any county in which service of process may be had upon the person liable, to institute in the name of the state all suits necessary for the recovery of the sum of money.
Acts 1989, ch. 591, § 3.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 2 - GENERAL PROVISIONS (§§ 63-6-201 — 63-6-248) › Section 63-6-227 - Cancellation of license upon conviction

The license of any physician or surgeon who is convicted of a violation of §
63-6-225
may, upon the first conviction, and shall, upon any subsequent conviction, be adjudged to be cancelled and annulled by the court before which the conviction may be and, without further trial or hearing, the physician or surgeon shall not thereafter again be admitted to practice medicine or surgery within this state.
Acts 1989, ch. 591, § 3.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 2 - GENERAL PROVISIONS (§§ 63-6-201 — 63-6-248) › Section 63-6-229 - Consent to medical treatment by a minor

Notwithstanding any other provision of law to the contrary, in the absence or unavailability of a spouse, any minor is authorized and empowered to consent for such minor's child, either orally or otherwise, to any surgical or medical treatment or procedures not prohibited by law that may be suggested, recommended, prescribed or directed by a duly licensed physician.
Acts 1995, ch. 317, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 2 - GENERAL PROVISIONS (§§ 63-6-201 — 63-6-248) › Section 63-6-230 - Inactive licenses to perform pro bono services

The board of medical examiners shall establish by rule an inactive license category that allows physicians to perform services without compensation only for those persons receiving services from organizations that have received a determination of exemption under § 501(c)(3) of the Internal Revenue Code (
26 U.S.C. § 501(c)(3)
). Such inactive license category shall not authorize any other practice of medicine.
Acts 1997 , ch. 345, § 3.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 2 - GENERAL PROVISIONS (§§ 63-6-201 — 63-6-248) › Section 63-6-231 - Transfer of patient medical information outside the state

(a)
The transfer of patient medical information to a person in another state who is not licensed to practice medicine or osteopathy in the state of Tennessee, using any electronic, telephonic or fiber optic means or by any other method, constitutes the practice of medicine or osteopathy if such information is employed to diagnose and/or treat, any person physically located within the state of Tennessee.
(b)
Notwithstanding subsection (a) to the contrary, the transfer of such information shall not constitute the practice of medicine if:
(1)
Such information is to be used by a medical doctor or doctor of osteopathy licensed in Tennessee;
(2)
Such information is to be used for a second opinion requested by a Tennessee licensed medical doctor or doctor of osteopathy; provided, no charges are assessed for such second opinion;
(3)
Such information is to be used by an out-of-state physician for treatment of a person who is seeking medical treatment out of Tennessee;
(4)
Such information is used to determine if such patient is covered by insurance;
(5)
Such information is to be used by physicians in another state to provide occasional academic consultations to a medical school located in Tennessee; or
(6)
Such information is used by insurance or related companies for risk evaluation, utilization review, claims processing and/or evaluation of claimant's rehabilitation, including establishing and administering rehabilitation plans. The establishing and administering of such rehabilitation plans shall not include the diagnosis and/or treatment of any person physically located within the state of Tennessee as prohibited by subsection (a).
(c)
This section shall not apply to research hospitals, as defined in §
63-6-204(f)(7)
.
Acts 1998, ch. 1017, §§ 1, 2.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 2 - GENERAL PROVISIONS (§§ 63-6-201 — 63-6-248) › Section 63-6-232 - Disciplinary complaints against chelation therapist

All disciplinary complaints filed against a chelation therapist shall be judged by the standard of medical care in the community where such complaint originated.
Acts 2001, ch. 296, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 2 - GENERAL PROVISIONS (§§ 63-6-201 — 63-6-248) › Section 63-6-233 - Continuing medical education

(a)
Any person licensed to practice medicine in this state shall complete continuing medical education as required by the board of medical examiners. The board of medical examiners may establish waivers from such continuing medical education requirements and exemptions for certain licensees through rules and regulations.
(b)
The board of medical examiners shall establish the continuing medical educational requirements, waivers and exemptions through rules and regulations promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2001, ch. 320, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 2 - GENERAL PROVISIONS (§§ 63-6-201 — 63-6-248) › Section 63-6-234 - Physicians serving as United States public health service commissioned officers

A physician serving as a United States public health service commissioned officer who is trained as a national health service corps ready responder shall be authorized to practice medicine at federally qualified health centers while pursuing licensure as provided in this part under the following conditions:
(1)
The physician has first filed an application for licensure as provided in this part;
(2)
The physician, prior to commencing practice, submits a written statement to the board that all of the physician's medical licenses, including the authority to practice in United States public health service, are unencumbered by disciplinary actions, unresolved disciplinary complaints or unresolved health care liability lawsuits; and
(3)
The physician timely complies with all board rules governing the application process and immediately ceases practicing medicine until a license is subsequently granted should the initial licensure application be closed either for failure to provide timely required information or is denied by the board.
Acts 2003 , ch. 43, § 1; 2012 , ch. 798, § 40.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 2 - GENERAL PROVISIONS (§§ 63-6-201 — 63-6-248) › Section 63-6-235 - Special volunteer license for practice in free health clinic - Exemption from fees - Renewal

(a)
A physician licensed pursuant to this chapter under a special volunteer license who is a medical practitioner, as defined by §
63-1-201
, engaged in practice at a free health clinic shall not be subject to license fees under this chapter. The board of medical examiners may issue a special volunteer license, as such license is defined in §
63-1-201
, to qualified applicants without fee or charge. Such license shall be for a period of two (2) years and may be renewed on a biennial basis.
(b)
Notwithstanding any other provision of this chapter to the contrary, a retired or inactive physician may apply for and receive a special volunteer license for practice only in volunteer service at benevolent or humanitarian service project locations outside of the state. The board of medical examiners is authorized to promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this section.
Acts 2004, ch. 579, § 2; 2005, ch. 250, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 2 - GENERAL PROVISIONS (§§ 63-6-201 — 63-6-248) › Section 63-6-237 - Radiologist assistants

(a)
In addition to the practice permitted by [former] §
63-6-902
[repealed], a radiologist may utilize the services of a radiologist assistant to practice radiology assistance under the supervision of such radiologist to the extent not prohibited by [former] §
63-6-902
[repealed].
(b)
The board of medical examiners shall define the scope of practice of a radiologist assistant and the educational qualifications necessary to practice as a radiologist assistant by rules promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Such rules shall be consistent with guidelines adopted by the American College of Radiology, the American Society of Radiologic Technologists and the American Registry of Radiologic Technologists (ARRT).
(c)
A radiologist assistant must be a radiologic technologist certified by the board of medical examiners under [former] §
63-6-902
[repealed] and certified and registered with ARRT and credentialed to provide radiology services under the supervision of a radiologist.
(d)
A radiologist assistant may not interpret images, make diagnoses or prescribe medications or therapies.
(e)
On or after July 1, 2004, a radiology practitioner assistant shall only be known as a radiologist assistant.
(f)
On or after July 1, 2008, any person seeking to become a radiologist assistant in Tennessee must have completed an advanced academic program encompassing a nationally recognized radiologist assistant curriculum, as well as completed a radiologist directed clinical preceptorship, all culminating in a baccalaureate degree.
(g)
Any person who, on or before December 31, 2008, was practicing as a radiology practitioner assistant in Tennessee and who submits satisfactory proof of that practice to the board, along with an application and the certification fee on or before December 31, 2009, shall be entitled to be certified by the board as a radiologist assistant without having to meet the educational, certification, registration, credentialing or examination requirements of subsections (b) and (c) and rules promulgated pursuant to subsections (b) and (c).
Acts 2004, ch. 704, § 1; 2007 , ch. 393, § 1; 2008 , ch. 1003, §§ 1-3.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 2 - GENERAL PROVISIONS (§§ 63-6-201 — 63-6-248) › Section 63-6-238 - Notice to patients of departure

Psychiatrists are not required to notify patients that were treated by them at community mental health centers, as defined in §
33-1-101
, of their departure from such community mental health centers. Patient records shall remain with the community mental health centers. The transfer of patients' records shall be in compliance with standards set by state and federal law.
Acts 2005, ch. 53, § 2.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 2 - GENERAL PROVISIONS (§§ 63-6-201 — 63-6-248) › Section 63-6-239 - Reserved Reserved

Repealed by 2018 Tenn. Acts, ch. 883, s 5, eff. 1/1/2019.
Acts 2010 , ch. 795, § 3.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 2 - GENERAL PROVISIONS (§§ 63-6-201 — 63-6-248) › Section 63-6-241 - [Repealed]

Repealed by 2022 Tenn. Acts, ch. 1001, s 1, eff. 1/1/2023.
Acts 2011 , ch. 434, § 1; 2012 , ch. 672, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 2 - GENERAL PROVISIONS (§§ 63-6-201 — 63-6-248) › Section 63-6-242 - Employee or contractor's unauthorized use of medical doctor's DEA registration number to write prescriptions

(a)
Any medical doctor licensed pursuant to this chapter who has reason to believe that an employee or contractor of the doctor or the doctor's firm, partnership or corporation has used the doctor's federal drug enforcement administration (DEA) registration number without authorization to write prescriptions may make a report to a law enforcement agency.
(b)
Any medical doctor, firm, partnership, or corporation making a report pursuant to subsection (a) shall be immune from any civil liability for making such report when made in good faith.
Acts 2012 , ch. 818, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 2 - GENERAL PROVISIONS (§§ 63-6-201 — 63-6-248) › Section 63-6-244 - Interventional pain management

(a)
A physician licensed pursuant to this chapter may only practice interventional pain management if the licensee is either:
(1)
Board certified through the American Board of Medical Specialties (ABMS) or the American Board of Physician Specialties (ABPS)/American Association of Physician Specialists (AAPS) in one of the following medical specialties:
(A)
Anesthesiology;
(B)
Neurological surgery;
(C)
Orthopedic surgery;
(D)
Physical medicine and rehabilitation;
(E)
Radiology; or
(F)
Any other board certified physician who has completed an ABMS subspecialty board in pain medicine or completed an ACGME-accredited pain fellowship;
(2)
A recent graduate in a medical specialty listed in subdivision (a)(1) not yet eligible to apply for ABMS or ABPS/AAPS board certification; provided, that there is a practice relationship with a physician who meets the requirements of subdivision (a)(1) or an osteopathic physician who meets the requirements of §
63-9-121(a)(1)
;
(3)
A licensee who is not board certified in one of the specialties listed in subdivision (a)(1) but is board certified in a different ABMS or ABPS/AAPS specialty and has completed a post-graduate training program in interventional pain management approved by the board;
(4)
A licensee who serves as a clinical instructor in pain medicine at an accredited Tennessee medical training program; or
(5)
A licensee who has an active pain management practice in a clinic accredited in outpatient interdisciplinary pain rehabilitation by the commission on accreditation of rehabilitation facilities or any successor organization.
(b)
For purposes of this section, "interventional pain management" is the practice of performing invasive procedures involving any portion of the spine, spinal cord, sympathetic nerves of the spine or block of major peripheral nerves of the spine in any setting not licensed under title 68, chapter 11.
(c)
The board is authorized to define through rulemaking the scope and length of the practice relationship established in subdivision (a)(2).
(d)
A physician who provides direct supervision of an advanced practice registered nurse or a physician's assistant pursuant to §
63-7-126
or §
63-19-107
must meet the requirements set forth in subdivision (a)(1) or (a)(3).
(e)
A physician who violates this section is subject to disciplinary action by the board pursuant to §
63-6-214
, including, but not limited to, civil penalties of up to one thousand dollars ($1,000) for every day this section is violated.
Amended by 2016 Tenn. Acts, ch. 980, s 9, eff. 7/1/2016.
Acts 2012 , ch. 961, § 4.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 2 - GENERAL PROVISIONS (§§ 63-6-201 — 63-6-248) › Section 63-6-245 - Notice to patients of determination that patient has dense or extremely dense breasts

(a)
As used in this section, "physician" means an individual authorized by this chapter to practice medicine and surgery or osteopathic medicine and surgery pursuant to chapter 9 of this title.
(b)
If a physician has determined, after a mammogram is performed, that a patient has dense breasts or extremely dense breasts, based on the breast imaging reporting and data system established by the American College of Radiology, the facility where the mammogram was performed shall provide the following notice to the patient:
Your mammogram shows that you have dense breast tissue. Dense breast tissue is common. However, dense breast tissue can hide breast cancer, so that it may not be seen on routine mammography. It may also be associated with an increased risk of developing breast cancer. You should discuss these results with your doctor to determine if additional tests might be helpful. A report of your mammogram results, which contains information about your breast density, has been sent to your doctor's office.
(c)
This section shall become operative on January 1, 2014. Nothing in this section shall be construed to create or impose liability for failing to comply with the requirements of this section. Nothing in this section shall be deemed to create a duty of care or other legal obligation beyond the duty to provide notice as set forth in this section. Nothing in this section shall be deemed to require a notice that is inconsistent with the federal Mammography Quality Standards Act (
42 U.S.C. § 263b
) or any regulations promulgated pursuant to that act.
Amended by 2018 Tenn. Acts, ch. 750, s 1, eff. 7/1/2018.
Added by 2013 Tenn. Acts, ch. 387, s 1, eff. 1/1/2014.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 2 - GENERAL PROVISIONS (§§ 63-6-201 — 63-6-248) › Section 63-6-246 - Maintenance of licensure or certification not required

(a)
As used in this section:
(1)
"Continuing medical education" means continued postgraduate medical education required by the board of medical examiners intended to provide medical professionals with knowledge of new developments or reinforcement of previously learned information in their field;
(2)
"Maintenance of certification" means any process requiring periodic recertification examinations or other activities to maintain specialty medical board certification;
(3)
"Maintenance of licensure" means the proprietary framework for physician license renewal established through the Federation of State Medical Boards or its successor organization, which includes additional periodic testing or requirements other than continuing medical education; and
(4)
"Specialty medical board certification" means certification by a board that specializes in one (1) particular area of medicine and typically requires additional examinations other than the board of medical examiners' requirements to practice medicine.
(b)
The board shall not deny a physician licensure based on a physician's non-participation in any form of maintenance of licensure, including requiring any form of maintenance of licensure tied to maintenance of certification. The board's regular requirements, including continuing medical education, demonstrate professional competency.
(c)
The board shall not require any form of specialty medical board re-certification or any maintenance of certification to practice medicine in this state.
Added by 2017 Tenn. Acts, ch. 438, s 1, eff. 1/1/2014.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 2 - GENERAL PROVISIONS (§§ 63-6-201 — 63-6-248) › Section 63-6-247 - [Repealed] Reserved

Repealed by 2019 Tenn. Acts, ch. 229, s 2, eff. 4/30/2019.
Acts 2018 , ch. 1037, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 2 - GENERAL PROVISIONS (§§ 63-6-201 — 63-6-248) › Section 63-6-248 - Short-term visitor clinical training license

(a)
The board of medical examiners may issue to an eligible physician or medical graduate from a foreign country or foreign territory a short-term visitor clinical training license for a period of time not to exceed ninety (90) days.
(b)
To be eligible for a short-term visitor clinical training license under this section, an applicant physician or medical graduate must provide to the board, in a manner and form prescribed by the board by rule:
(1)
Proof that the applicant holds a medical degree from an institution recognized in the World Directory of Medical Schools;
(2)
Proof of written acceptance to a clinical professional development or short-term clinical training program in this state;
(3)
Proof that the applicant is able to lawfully enter and remain in the United States during the period of the clinical professional development or short-term clinical training program;
(4)
Evidence that the host institution or the Educational Commission for Foreign Medical Graduates (ECFMG) has verified the applicant's credentials;
(5)
Evidence that the applicant:
(A)
Has an unrestricted license to practice medicine in the applicant's country or territory of origin or country or territory of practice; or
(B)
Is enrolled in an accredited resident training program in the applicant's country or territory of origin;
(6)
A written statement that the applicant does not have, as determined by the board:
(A)
A disqualifying criminal history; or
(B)
A history of disqualifying disciplinary action by an educational or training institution, employer, or foreign licensing authority;
(7)
Proof of medical liability insurance coverage; and
(8)
A written statement signed by the applicant acknowledging that a short-term visitor clinical training license cannot be used to:
(A)
Obtain or hold a position in a residency program in the United States;
(B)
Satisfy United States graduate medical education requirements; or
(C)
Remain in this state to practice medicine beyond the expiration date of the license.
(c)
A short-term visitor clinical training licensee:
(1)
Shall not assume independent responsibility for patient care;
(2)
May only engage in training activities under the supervision and control of a physician licensed under this chapter or chapter 9 of this title; and
(3)
To the extent permitted by the board based upon the licensee's education and training, and by compliance with subdivision (c)(2), may engage in direct interaction with a patient, including, but not limited to:
(A)
Taking medical history;
(B)
Conducting a physical examination;
(C)
Reading a radiologic study;
(D)
Administering anesthesia; and
(E)
Performing a surgical procedure.
Added by 2022 Tenn. Acts, ch. 970, s 1, eff. 5/3/2022.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 6 - MEDICINE AND SURGERY (§§ 63-6-NEW — 63-6-1207) › Part 3 - PHIL TIMP-AMANDA WILCOX RIGHT TO TRY ACT (§§ 63-6-301 — 63-6-309) › Section 63-6-301 - Short title

This part shall be known and may be cited as the "Phil Timp-Amanda Wilcox Right to Try Act."
Added by 2015 Tenn. Acts, ch. 376, s 1, eff. 7/1/2015.