reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-142 - Temporary authorization to practice

(a)
Any board regulated by this title may authorize any of its members or its designee to conduct a review of the qualifications of an applicant for a license to practice such profession in this state and to make an initial determination as to whether the applicant has met all the requirements for licensure. If the board member or board designee determines that the applicant has met all the requirements for a license, the board member or board designee has the authority to issue to such applicant a temporary authorization to practice, and, once the temporary authorization is issued, the applicant is then authorized to practice such profession in this state until the board makes a final decision on the application for a license. Such temporary authorization, once issued, shall be deemed to be a valid license for all purposes, granting to the applicant all rights that would attach if the person had been issued a permanent license at that time. The board may authorize the use of this procedure with respect to an applicant for an initial license, temporary permit, temporary license, renewal of license and license reinstatement if the issuance of temporary permits, temporary licenses, renewal of license and license reinstatement is otherwise authorized by such board's practice statutes. In no event shall the temporary authorization issued pursuant to an initial determination made by a board member or a board designee be effective for longer than a six-month period measured from the date of issuance. The applicant shall not utilize this process for the same reason more than once.
(b)
If temporary authorization, pursuant to subsection (a), is issued to an applicant and if the subsequent decision of the board is to deny the application based upon a determination that the applicant has not complied with all the requirements for licensure, then the initial approval from that point forward shall immediately become null and void, and the applicant shall be notified immediately. In this event, the doctrine of estoppel shall not apply against the state based upon its issuance of temporary authorization and its subsequent denial of licensure.
Acts 1999, ch. 518, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-143 - Notification of vacancy - Termination due to vacancy

(a)
Each board, commission, committee, agency or other governmental entity created pursuant to this title incurring a vacancy shall notify the appointing authority in writing within ninety (90) days after the vacancy. All vacancies, other than ex officio members, on any board, commission, committee, agency or other governmental entity created pursuant to this title shall be filled by the appointing authority within ninety (90) days of receiving written notice of the vacancy and sufficient information is provided for the appointing authority to make an informed decision in regard to filling such vacancy. If sufficient information has been provided and a board, commission, committee, agency or other governmental entity created pursuant to this title has more than one (1) vacancy that is more than one hundred eighty (180) days in duration, such board, commissioner, committee, agency or other governmental entity shall report to the house and senate government operations committees why such vacancies have not been filled.
(b)
If more than one-half (1/2) of the positions on any board, commission, committee, agency or other governmental entity created pursuant to this title are vacant for more than one hundred eighty (180) consecutive days, such board, commission, committee, agency or other governmental entity shall terminate. Such board, commission, committee, agency or other governmental entity shall wind up its affairs pursuant to §
4-29-112
. If a board, commission, committee, agency or other governmental entity created pursuant to this title is terminated pursuant to this subsection (b), it shall be reviewed by the evaluation committees pursuant to the Uniform Administrative Procedures Act, compiled at title 4, chapter 5, before ceasing all its activities. Nothing in this section shall prohibit the general assembly from continuing, restructuring, or reestablishing a board, commission, committee, agency or other governmental entity created pursuant to this title.
Acts 2000, ch. 835, § 2.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-145 - Rules and regulations regarding advertisement pertaining to board certification and specialty

Consistent with this title, the boards of the respective branches of the healing arts shall promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and this title to regulate the nature, manner, content and extent of advertising and the use of titles by practitioners of such healing arts who are under the jurisdiction of such boards, including advertising pertaining to board certification and specialty. Those boards that have already adopted such rules and regulations are not required to adopt additional rules and regulations, unless and until deemed necessary and appropriate by those boards.
Acts 2005, ch. 467, § 4.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-146 - Rules and regulations regarding sanctions for violations

Consistent with this title, the boards of the respective branches of the healing arts are hereby authorized to promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, which establish sanctions for violations of this chapter by members of the professions the boards regulate. Such sanctions may include civil penalties, suspension or revocation of license.
Acts 2005, ch. 467, § 5.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-147 - Authority to enter into arrangements for evaluating and guiding the development of the health care workforce to improve delivery of quality health care

Any board of an allied health care profession, for allied health professionals as defined by United States Code, title 42, chapter 6A, subchapter V, part F, § 295p (
42 U.S.C. § 295p
), within the division of health related boards as set out in §
68-1-101
, is authorized to enter into grants, agreements, scholarships or other arrangements with statewide nonprofit agencies or other state agencies for the purpose of evaluating and guiding the development of the education, distribution and availability of the allied health care workforce under the regulation of that board to provide a basis for improving the delivery of quality health care.
Acts 2006, ch. 558, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-148 - Covenants not to compete signed by healthcare providers

(a)
A restriction on the right of an employed or contracted healthcare provider to practice the healthcare provider's profession upon termination or conclusion of the employment or contractual relationship shall be deemed reasonable if:
(1)
The restriction is set forth in an employment agreement or other written document signed by the healthcare provider and the employing or contracting entity; and
(2)
The duration of the restriction is two (2) years or less and either:
(A)
The maximum allowable geographic restriction is the greater of:
(i)
A ten-mile radius from the primary practice site of the healthcare provider while employed or contracted; or
(ii)
The county in which the primary practice of the healthcare provider while employed or contracted is located; or
(B)
There is no geographic restriction, but the healthcare provider is restricted from practicing the healthcare provider's profession at any facility at which the employing or contracting entity provided services while the healthcare provider was employed or contracted with the employing or contracting entity.
(b)
An agreement entered into in conjunction with the purchase or sale of a healthcare provider's practice, or all or substantially all of the assets of the healthcare provider's practice, may restrict the healthcare provider's right to practice the healthcare provider's profession; provided, that the duration of the restriction and the allowable area of the restriction are reasonable under the circumstances. There shall be a rebuttable presumption that the duration and area of restriction agreed upon by the parties in such an agreement are reasonable.
(c)
This section shall apply to healthcare providers licensed under chapters 3, 4, 5, 6, 8, 9 and 11 of this title.
(d)
This section shall not apply to physicians who specialize in the practice of emergency medicine.
Acts 2007, ch. 487, § 1; 2008, ch. 891, § 1; 2010, ch. 851, § 1; 2011, ch. 218, §§ 1, 2.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-149 - Registry check

(a)
On and after October 1, 2010, before employing or contracting with any person who would be providing direct patient care, for whom a background check has not been completed, a health care professional licensed under any chapter of this title or title 68, chapters 24 and 140, shall initiate and perform a "registry check" which for the purposes of this section is defined as:
(1)
A state-by-state look in any state in which the person has lived in the previous seven (7) years of the national sex offender public registry website coordinated by the United States department of justice, including, but not limited to, the sexual offender registry maintained by the Tennessee bureau of investigation pursuant to title 40, chapter 39, part 2; and
(2)
Any adult abuse registry maintained for any state in which the person has lived in the previous seven (7) years; and
(3)
The department of health's elder abuse registry established pursuant to title 68, chapter 11, part 10.
(b)
Should an applicant be listed on any of the registries listed in subdivisions (a)(1)-(3), the health care professional shall not employ or contract with the person if the person would be providing direct patient care.
(c)
A health care professional who complies with the requirements to perform registry checks under subsection (a), or relies on a documented representation provided by an entity with which the health care professional contracts that the person who will work in the office is not on any of these registries, shall not be subject to civil or criminal liability solely based upon the information provided through a registry check under this section. This immunity shall extend to a claim related to the professional's refusal to employ or contract with a person based on information obtained from a registry check.
(d)
This section is not intended to apply to contracted, external staff who provide such services as cleaning services, maintenance of office or medical equipment or other services where direct patient contact is not intended.
(e)
This section shall not apply to health care professionals licensed chapter 12 of this title.
(f)
The department of health shall post no later than October 1, 2010, in a conspicuous location on its website as well as the website of each applicable licensing board a link to all potential databases the health care professional would be required to check pursuant to subsection (a). In addition, each applicable licensing board shall notify all of its licensees at least annually through board newsletters of their obligations under this section.
Acts 2010, ch. 1084, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-151 - Report by practitioner to licensing board of indictment for offense involving sale or dispensing of controlled substances

(a)
(1)
Notwithstanding any other provision of this chapter or of chapter 3, chapters 5-9 or chapter 19 of this title, when a practitioner licensed under any of such chapters is under state or federal indictment in this state for an offense involving the sale or dispensing of controlled substances under state or federal law, the practitioner shall report the indictment to the practitioner's licensing board in writing within seven (7) calendar days of acquiring actual knowledge of the indictment. Such report shall include the jurisdiction in which the indictment is pending, if known, and shall also be accompanied by a copy of the indictment, if the practitioner has one.
(2)
A district attorney general and appropriate attorneys for the federal government are strongly encouraged, when appropriate, to promptly notify a practitioner's licensing board when a practitioner covered under subdivision (a)(1) is indicted in this state for an offense involving the sale or dispensing of controlled substances under state or federal law.
(b)
The knowing failure of a practitioner to submit the report required in subdivision (a)(1) to the licensing board shall be considered unprofessional, dishonorable or unethical conduct and may be grounds for such licensing board to take disciplinary action against the practitioner's license. The fact an indictment was sealed and the practitioner could not have actual knowledge of its existence excuses the practitioner from discipline based on the failure of the practitioner to submit a report. However, the claim that the practitioner was not aware of the obligation required in subdivision (a)(1) may not excuse the practitioner from discipline based on the failure of the practitioner to submit a report.
(c)
Upon receiving a report of an indictment pursuant to subdivision (a)(1), (a)(2) or from any other source, the practitioner's licensing board, through the board's consultant or other person designated by the board, shall within fifteen (15) calendar days, conduct an expedited review of the practitioner's conduct alleged in the indictment. The purpose of such expedited review shall be to determine if the matter merits an expedited investigation by the board. If so, such a directive shall be given to the department of health's office of investigations. All review activity under this subsection (c) shall be confidential pursuant to §
63-1-117(f)
.
(d)
For the purposes of this section, "controlled substances" means substances regulated as controlled substances under title 39, chapter 17, part 4, or title 53, chapters 10 and 11, or the federal Controlled Substances Act (
21 U.S.C. § 801
, et seq.).
Added by 2013 Tenn. Acts, ch. 232, s 1, eff. 7/1/2013.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-159 - Prohibited offer or payment, or offer or solicitation, of commission for referral of patient or patronage with respect to alcohol or drug services

(a)
A healthcare provider licensed under this title, with respect to alcohol and drug services, as defined in §
33-2-402
, shall not knowingly:
(1)
Offer or pay a commission, benefit, rebate, kickback, or bribe, directly or indirectly, in cash or in kind, or engage in any split-fee arrangement, in any form whatsoever, to induce the referral of a patient or patronage to or from:
(A)
A licensee or facility licensed under title 33, chapter 2, part 4; or
(B)
A recovery residence, an employee of a recovery residence, a nationally recognized recovery residence standards organization or its affiliate, or an employee of a nationally recognized recovery residence standards organization or an employee of its affiliate under title 33, chapter 2, part 14;
(2)
Solicit or receive a commission, benefit, rebate, kickback, or bribe, directly or indirectly, in cash or in kind, or engage in any split-fee arrangement, in any form whatsoever, in return for referring a patient or patronage to or from:
(A)
A licensee or facility licensed under title 33, chapter 2, part 4; or
(B)
A recovery residence, an employee of a recovery residence, a nationally recognized recovery residence standards organization or its affiliate, or an employee of a nationally recognized recovery residence standards organization or an employee of its affiliate under title 33, chapter 2, part 14;
(3)
Solicit or receive a commission, benefit, rebate, kickback, or bribe, directly or indirectly, in cash or in kind, or engage in any split-fee arrangement, in any form whatsoever, in return for the acceptance or acknowledgment of treatment from:
(A)
A licensee or facility licensed under title 33, chapter 2, part 4; or
(B)
A recovery residence, an employee of a recovery residence, a nationally recognized recovery residence standards organization or its affiliate, or an employee of a nationally recognized recovery residence standards organization or an employee of its affiliate under title 33, chapter 2, part 14; or
(4)
Aid, abet, advise, or otherwise participate in the conduct prohibited under subdivision (a)(1), (a)(2), or (a)(3).
(b)
Any healthcare provider licensed under this title, with respect to alcohol and drug services, that violates this section is subject to suspension or revocation of the healthcare provider's license by the appropriate healthcare licensing board and the imposition of civil penalties as authorized under this title.
Amended by 2021 Tenn. Acts, ch. 309, s 7, eff. 7/1/2022.
Acts 2018 , ch. 855, § 2.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-161 - Waiver of initial licensure fees for low-income persons

(a)
As used in this section:
(1)
"Licensing" means the procedure through which the privilege to engage in a specific profession regulated under this title is granted by a licensing authority;
(2)
"Licensing authority" means any state agency with the authority to impose training, education, or licensure fees to practice in a profession;
(3)
"Licensure fee" means a fee imposed by a licensing authority on persons licensed to practice a profession for the privilege of providing goods or services;
(4)
"Low-income persons" means persons who are enrolled in a state or federal public assistance program, including, but not limited to, temporary assistance for needy families (TANF), medicaid, or supplemental nutrition assistance program (SNAP); and
(5)
"State agency" means a state board, agency, or commission attached to the division of health related boards, as listed in §
68-1-101(a)(8)
.
(b)
(1)
Any licensing authority that requires a license for persons to practice in a profession shall waive all initial licensure fees for low-income persons.
(2)
Persons seeking a waiver of initial licensure fee requirements shall apply to the appropriate licensing authority in a format prescribed by the authority.
(3)
All licensing authorities to which this section applies shall promulgate rules to effectuate the purposes of this section. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2018 , ch. 954, § 2.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-166 - Acceptance of barter as payment for healthcare services

(a)
Notwithstanding any law to the contrary, a healthcare professional may accept goods or services as payment in a direct exchange of barter for healthcare services provided by the healthcare professional if the patient to whom the healthcare services are provided is not covered by health insurance coverage, as defined by §
56-7-109
. A healthcare professional who accepts barter as payment in accordance with this section shall annually submit a copy of the relevant federal tax form disclosing the healthcare professional's income from barter to the healthcare professional's licensing board. This section does not apply to any healthcare services provided at a pain management clinic as defined in §
63-1-301
.
(b)
For purposes of this section, "healthcare professional" means a physician or other healthcare practitioner licensed, registered, accredited, or certified to perform specified healthcare services pursuant to this title or title 68 and regulated under the authority of the department of health or any agency, board, council, or committee attached to the department.
Added by 2019 Tenn. Acts, ch. 229,s 1, eff. 4/30/2019.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-167 - Exemption from licensing requirements for medical professionals participating in federal lnnovative Readiness Training programs

(a)
Notwithstanding any requirement for the licensure of a medical professional by a health related board listed in §
68-1-101
, a medical professional who has a current license to practice from another state, commonwealth, territory, or the District of Columbia is exempt from the licensure requirements of such boards, if:
(1)
The medical professional is an active or reserve member of the armed forces of the United States, a member of the national guard, a civilian employee of the United States department of defense, an authorized personal services contractor under
10 U.S.C. § 1091
, or a healthcare professional otherwise authorized by the department of defense; and
(2)
The medical professional is engaged in the practice of a medical profession listed in §
68-1-101
through a program in partnership with the federal Innovative Readiness Training.
(b)
The exemption provided by this section only applies while:
(1)
The medical professional's practice is required by the program pursuant to military orders; and
(2)
The services provided by the medical professional are within the scope of practice for the individual's respective profession in this state.
(c)
This section does not permit a medical professional exempt by this section to engage in the practice of a medical profession listed in §
68-1-101
, except as part of federal Innovative Readiness Training as described in this section.
(d)
The respective health related board may promulgate rules to effectuate this section. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Added by 2019 Tenn. Acts, ch. 255,s 1, eff. 7/1/2019.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-168 - Record of attempt or threat of suicide or infliction of bodily harm - Referral requirement

(a)
For purposes of this section:
(1)
"Facility" has the same meaning as defined in §
68-11-201
;
(2)
"Healthcare provider" means a person who is licensed, certified, or authorized or permitted by the laws of this state to administer health care in the ordinary course of business or practice of a profession; and
(3)
"Qualified mental health professional" has the same meaning as defined in §
33-1-101
.
(b)
If a patient who is an inpatient in a licensed healthcare facility, or seeking services from an emergency department, expresses to a healthcare provider a recent threat or attempt at suicide or infliction of bodily harm to themselves, then the healthcare provider shall enter the attempt or threat into the patient's medical record. Upon discharge from the facility, the facility shall provide the patient with contact information to access a qualified mental health professional or counseling resource unless the patient is discharged to another facility. This referral requirement may be satisfied by providing contact information for this state's mobile crisis services or the statewide crisis hotline.
(c)
A healthcare provider who violates this section is subject to discipline by the healthcare provider's licensing authority.
Added by 2021 Tenn. Acts, ch. 259, s 1, eff. 7/1/2021.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-169 - [Repealed]

Repealed by 2023 Tenn. Acts, ch. 1, s 2, eff. 7/1/2023.
Added by 2021 Tenn. Acts, ch. 460, s 1, eff. 5/18/2021.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-171 - Notification of communication concerning additional information needed to process prior authorization request for patient

(a)
As used in this section:
(1)
"Communication" means written or electronic correspondence among a healthcare facility, health insurance entity, or provider concerning a prior authorization;
(2)
"Health insurance coverage" has the same meaning as defined in §
56-7-109
;
(3)
"Health insurance entity" means an entity subject to the insurance laws of this state, or subject to the jurisdiction of the commissioner of commerce and insurance, that contracts or offers to contract to provide health insurance coverage, including, but not limited to, an insurance company, a health maintenance organization, and a nonprofit hospital and medical service corporation;
(4)
"Healthcare facility":
(A)
Means an institution, place, or building providing healthcare services that is required to be licensed under title 68, chapter 11; and
(B)
Excludes emergency room and in-patient services provided at a hospital, as defined in §
68-11-201
;
(5)
"Healthcare service" means a service for the diagnosis, prevention, treatment, cure, or relief of a health condition, illness, injury, or disease;
(6)
"Minor" means an individual who has not attained eighteen (18) years of age;
(7)
"Policyholder" means an individual who has contracted with a health insurance entity for healthcare services coverage; and
(8)
"Provider" means an individual or entity performing services regulated pursuant to this title or title 68, chapter 11, with whom the health insurance entity has an express and valid network provider agreement or contract.
(b)
Except as provided in subsection (d), a provider shall notify a patient of communication between the provider and a health insurance entity or healthcare facility concerning additional information needed to process a prior authorization request for the patient within five (5) business days after the communication has occurred. The notification must include a brief summary of the communication or a copy of the communication.
(c)
The provider shall notify the patient via electronic means, such as by email or through an online patient portal offered by the provider, unless the patient requests, in writing, an alternative notification method.
(d)
If the patient is a minor, then the provider must notify the policyholder whose health insurance coverage covers the minor.
(e)
This section does not apply to the TennCare program or a successor to the program provided for in the Medical Assistance Act of 1968, compiled in title 71, chapter 5, or to the CoverKids Act of 2006, compiled in title 71, chapter 3, part 11 or a successor program.
Added by 2022 Tenn. Acts, ch. 664, s 5, eff. 1/1/2023.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-172 - Referral or order of services as part of child's IEP by healthcare providers

(a)
For the purposes of providing services in a school setting pursuant to a child's individualized education program (IEP), the following healthcare providers licensed pursuant to this title may refer or order services within their scope of practice as part of a child's IEP:
(1)
A physical therapist licensed under chapter 13 of this title may order or make a referral for physical therapy services for a child, and qualifies as a licensed practitioner of the healing arts for the purpose of
42 C.F.R. 440.110(a)(1)
;
(2)
An occupational therapist licensed under chapter 13 of this title may order or make a referral for occupational therapy services for a child, and qualifies as a licensed practitioner of the healing arts for the purpose of
42 C.F.R. 440.110(b)(1)
;
(3)
A speech-language pathologist licensed under chapter 17 of this title may order or make a referral for speech-language pathology services for a child, and qualifies as a licensed practitioner of the healing arts for the purpose of
42 C.F.R. 440.110(c)(1)
; and
(4)
An audiologist licensed under chapter 17 of this title may order or make a referral for audiology services for a child, and qualifies as a licensed practitioner of the healing arts for the purpose of
42 C.F.R. 440.110(c)(1)
.
(b)
An order or referral made in accordance with this section may be evidenced by the signature of the healthcare provider in the student's IEP; provided, that the child has been appropriately evaluated and assessed by the provider making the referral or order.
Added by 2022 Tenn. Acts, ch. 695, s 1, eff. 7/1/2022.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-173 - [Effective 1/1/2025]

(a)
As used in this section:
(1)
"Career fatigue":
(A)
Means a work-related, psychological disorder that manifests in emotional exhaustion, depersonalization, and a diminished sense of personal accomplishment; and
(B)
Does not mean:
(i)
Substance use disorder;
(ii)
A mental health condition; or
(iii)
Another condition that impairs a physician's judgment or adversely affects a physician's ability to practice medicine in a competent, ethical, and professional manner;
(2)
"Health insurance entity" has the same meaning as defined in § 56-7-109;
(3)
"Physician" means a person licensed pursuant to chapter 6 or 9 of this title; and
(4)
"Physician wellness program":
(A)
Means the program that:
(i)
Is organized or contracted for by a statewide advocacy organization that has its principal place of business in this state and that serves physicians licensed to practice medicine in this state; and
(ii)
Provides counseling, coaching, or similar services to address issues pertaining to career fatigue; and
(B)
Does not mean a program that provides counseling, coaching, or similar services to address issues related to substance abuse, a mental health condition, or another condition that impairs a physician's judgment or adversely affects the physician's ability to practice medicine in a competent, ethical, and professional manner.
(b)
An individual or entity that provides, discloses, or receives information related to career fatigue as part of a physician wellness program is, with respect to the information provided, disclosed, or received, immune from:
(1)
Civil liability or a civil cause of action; and
(2)
An administrative sanction or other proceeding.
(c)
This section does not:
(1)
Authorize a physician to withhold information requested in accordance with contractual terms between a health insurance entity and a statewide advocacy organization or information requested in an application used by a health insurance entity for credentialing or contracting purposes, including a Council for Affordable Quality Healthcare application;
(2)
Waive a physician's obligation to disclose information regarding:
(A)
A substance use disorder;
(B)
A mental health condition; or
(C)
Another condition that impairs the physician's judgment or adversely affects the physician's ability to practice medicine in a competent, ethical, and professional manner; or
(3)
Authorize a statewide advocacy organization to withhold information in accordance with contractual terms between the statewide advocacy organization and a health insurance entity.
Added by 2024 Tenn. Acts, ch. 924,s 2, eff. 1/1/2025.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 2 - MEDICAL PRACTITIONERS PRACTICING IN FREE HEALTH CLINICS (§§ 63-1-201 — 63-1-203) › Section 63-1-201 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Free health clinic" means a health care facility operated by a nonprofit private entity that does not receive payment for its services and does not impose any charges on the individuals to whom services are rendered;
(2)
"Medical practitioner" means a:
(A)
Physician licensed under chapter 6 or 9 of this title;
(B)
Dentist or dental hygienist licensed under chapter 5 of this title;
(C)
Nurse licensed under chapter 7 of this title;
(D)
Chiropractor licensed under chapter 4 of this title;
(E)
Psychologist licensed under chapter 11 of this title;
(F)
Social worker licensed under chapter 23 of this title; and
(G)
Physician assistant licensed under chapter 19 of this title;
(H)
Licensed Professional Counselors licensed under chapter 22 of this title;
(I)
Marital and Family Therapists licensed under chapter 22 of this title; and
(J)
Clinical Pastoral Therapists licensed under chapter 22 of this title; and
(3)
"Special volunteer license" means a license awarded to a medical practitioner whose sole practice is rendering professional services without remuneration in a free health clinic at a specified site or setting. The practitioner must have been previously issued a license to practice in this state or another state and the practitioner must never have been the subject of disciplinary action. The licensing authority shall require an application and relevant documentation before issuing the special volunteer license. No fee may be charged for an application or issuance of the special license.
Amended by 2024 Tenn. Acts, ch. 1035,s 1, eff. 7/1/2024.
Acts 2004, ch. 579, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 2 - MEDICAL PRACTITIONERS PRACTICING IN FREE HEALTH CLINICS (§§ 63-1-201 — 63-1-203) › Section 63-1-202 - Exemption from fees and taxes

Medical practitioners who practice in a free health clinic and who do not receive monetary remuneration for medical care and other services rendered within the statutory scope of practice for such practitioner shall not be subject to:
(1)
Any fees for a special volunteer license from the practitioner's licensing board; or
(2)
The privilege tax on occupations imposed by title 67, chapter 4, part 17.
Acts 2004, ch. 579, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 2 - MEDICAL PRACTITIONERS PRACTICING IN FREE HEALTH CLINICS (§§ 63-1-201 — 63-1-203) › Section 63-1-203 - Compensation for services prohibited - Donations and gifts permitted

A medical practitioner or a free health clinic may not receive any compensation for services rendered including, but not limited to, reimbursement from an individual or from any third party payor. Reimbursement may not be accepted from any insurance policy, health plan or federal or state benefits program. A clinic may receive donations and gifts.
Acts 2004, ch. 579, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 3 - PAIN MANAGEMENT CLINICS (§§ 63-1-301 — 63-1-320) › Section 63-1-302 - Exemptions from part

This part does not apply to:
(1)
A medical or dental school, an osteopathic medical school, a nursing school, a physician assistant program or an outpatient clinic associated with any of the foregoing schools or programs, including, but not limited to, clinics that have an agreement to train residents by members of that clinic who are appointed as adjunct faculty of the school or program;
(2)
A hospital as defined in §
68-11-201
, including any outpatient facility or clinic of a hospital if such outpatient facility or clinic is regulated under title 68;
(3)
Hospice services as defined in §
68-11-201
;
(4)
A nursing home as defined in §
68-11-201
;
(5)
A facility maintained or operated by this state; or
(6)
A hospital or clinic maintained or operated by the federal government.
Acts 2011, ch. 340, § 1; 2012, ch. 869, §§ 2, 3.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 3 - PAIN MANAGEMENT CLINICS (§§ 63-1-301 — 63-1-320) › Section 63-1-303 - Regulation of licensed healthcare practitioners - Rules and regulations

(a)
(1)
Each licensed healthcare practitioner who provides services at a pain management clinic shall continue to be regulated only by the board which has issued a license to that practitioner.
(2)
A licensed health care practitioner shall notify the board that has licensed the practitioner within ten (10) days of starting or ending work at any pain management clinic.
(b)
On or before October 1, 2011, the commissioner of health, in consultation with the board of medical examiners, the board of osteopathic examination, the board of nursing, and the committee on physician assistants, shall promulgate rules necessary to implement this part, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c)
The rules adopted pursuant to subsection (b) shall address the following topics, among others:
(1)
The operation of the clinic, including requirements:
(A)
That patients have current and valid government issued identification or current health insurance card issued by either a government or private carrier; and
(B)
That providers conduct urine drug screening in accordance with a written drug screening compliance plan as required by rules promulgated by the commissioner of health pursuant to subsection (b);
(2)
Personnel requirements for the clinic;
(3)
Training requirements for clinic providers who are regulated by that board;
(4)
Patient records;
(5)
Standards to ensure quality of patient care;
(6)
Infection control;
(7)
Health and safety requirements;
(8)
License application and renewal procedures and requirements;
(9)
Data collection and reporting requirements;
(10)
Inspections and complaint investigations; and
(11)
Patient billing procedures.
Amended by 2016 Tenn. Acts, ch. 1033,s 8, eff. 7/1/2017.
Amended by 2014 Tenn. Acts, ch. 983,s 1, eff. 1/1/2015.
Amended by 2014 Tenn. Acts, ch. 700,s 2, eff. 7/1/2014.
Amended by 2013 Tenn. Acts, ch. 430,s 8, eff. 5/16/2013.
Acts 2011, ch. 340, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 3 - PAIN MANAGEMENT CLINICS (§§ 63-1-301 — 63-1-320) › Section 63-1-304 - Inspections

Each board shall have the authority to inspect a pain management clinic which utilizes the services of a practitioner licensed by that board. During such inspections, the authorized representatives of the board may inspect all necessary documents and medical records to ensure compliance with this part and all other applicable laws and rules.
Acts 2011, ch. 340, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 3 - PAIN MANAGEMENT CLINICS (§§ 63-1-301 — 63-1-320) › Section 63-1-305 - Investigation of complaints

Each board shall have the authority to investigate a complaint alleging a violation of this part, or a rule adopted under this part, by a pain management clinic utilizing the services of a healthcare practitioner licensed by that board. Each board shall also have the authority to investigate a complaint alleging that a pain management clinic utilizing the services of a healthcare practitioner licensed by that board is not properly licensed by the department as required by this part.
Amended by 2016 Tenn. Acts, ch. 1033,s 9, eff. 7/1/2017.
Acts 2011, ch. 340, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 3 - PAIN MANAGEMENT CLINICS (§§ 63-1-301 — 63-1-320) › Section 63-1-306 - Medical director - Operation certificate - Disciplinary action

(a)
(1)
Each pain management clinic must have a medical director who is a medical doctor or osteopathic physician who practices in this state under an unrestricted and unencumbered license issued pursuant to §
63-6-201
or §
63-9-104
.
(2)
In addition to the requirements of subdivision (a)(1), each physician serving as a medical director at a pain management clinic shall be a pain management specialist.
(3)
(A)
All advanced practice registered nurses licensed under chapter 7 of this title, who practice in a licensed pain clinic, shall collaborate with a pain medicine specialist.
(B)
All physician assistants licensed under chapter 19 of this title who practice in a licensed pain clinic shall collaborate with a pain medicine specialist.
(b)
In the event that the medical director, for whatever reason, no longer meets the requirements of this part, the pain management clinic must notify the department, in writing within ten (10) business days, of the identity of another physician who meets the requirements of this part and will act as medical director and provide all necessary documentation required by the department to establish that the replacement is qualified as required by this part. Any clinic that fails to provide such timely written notice must cease operations until the notice is provided and the department has confirmed in writing that the replacement medical director is duly qualified. Continuation of operations without the timely written notice required by this subsection (b) constitutes grounds for disciplinary action against the clinic under this part.
(c)
Any board that assesses any discipline or penalty against a provider that it licenses for a violation of rules promulgated under this part shall inform the department of any penalty or discipline imposed on such a provider for a violation of rules promulgated under this part within thirty (30) days of imposing the discipline or penalty, and the department may consider such discipline or penalty as a basis for disciplinary action against the pain management clinic pursuant to this subsection (c).
(d)
The pain management clinic shall post the license in a conspicuous location so as to be clearly visible to patients.
(e)
The department shall have the authority to adopt rules, including emergency rules if deemed necessary, to implement this part for which the department has responsibility.
Amended by 2018 Tenn. Acts, ch. 610,s 1, eff. 7/1/2018.
Amended by 2017 Tenn. Acts, ch. 334,s 1, eff. 7/1/2017.
Amended by 2016 Tenn. Acts, ch. 1033,s 10, eff. 7/1/2017.
Amended by 2015 Tenn. Acts, ch. 475,s 5, eff. 7/1/2015.
Amended by 2015 Tenn. Acts, ch. 475,s 4, eff. 7/1/2015.
Acts 2011, ch. 340, § 1; 2012, ch. 869, § 4.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 3 - PAIN MANAGEMENT CLINICS (§§ 63-1-301 — 63-1-320) › Section 63-1-307 - Reserved

Repealed by 2016 Tenn. Acts, ch. 1033, s 11, eff. 7/1/2017.
Acts 2011 , ch. 340, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 3 - PAIN MANAGEMENT CLINICS (§§ 63-1-301 — 63-1-320) › Section 63-1-308 - Reserved

Repealed by 2016 Tenn. Acts, ch. 1033, s 12, eff. 7/1/2017.
Acts 2011 , ch. 340, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 3 - PAIN MANAGEMENT CLINICS (§§ 63-1-301 — 63-1-320) › Section 63-1-309 - Restrictions on ownership - Documentation of controlled substances dispensed or prescribed - Required medical director hours

(a)
A pain management clinic may not be owned wholly or partly by a person who has been convicted of, pled nolo contendere to, or received deferred adjudication for:
(1)
An offense that constitutes a felony; or
(2)
An offense that constitutes a misdemeanor, the facts of which relate to the distribution of illegal prescription drugs or a controlled substance or controlled substance analogue as defined in §
39-17-402
.
(b)
If any practitioner providing services at a pain management clinic prescribes controlled substances for the treatment of chronic nonmalignant pain, the practitioner must document in the patient's record the reason for prescribing that quantity.
(c)
A medical director shall be onsite at least twenty percent (20%) of the clinic's weekly total number of operating hours. A medical director shall serve as medical director and provide services for no more than four (4) pain management clinics.
Amended by 2016 Tenn. Acts, ch. 1033,s 13, eff. 7/1/2017.
Acts 2011, ch. 340, § 1; 2012, ch. 848, § 65; 2012, ch. 869, § 5; 2012, ch. 880, § 24; 2013, ch. 336, §§ 3, 4; 2013, ch. 430, § 9.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 3 - PAIN MANAGEMENT CLINICS (§§ 63-1-301 — 63-1-320) › Section 63-1-310 - Payments

(a)
A pain management clinic may accept only a check or credit card in payment for services provided at the clinic, except as provided in subsection (b).
(b)
A payment may be made in cash for a co-pay, coinsurance or deductible when the remainder of the charge for the services will be submitted to the patient's insurance plan for reimbursement.
Amended by 2013 Tenn. Acts, ch. 430,s 10, eff. 5/16/2013.
Acts 2011, ch. 340, § 1.