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 63-1-162 - Task force to create minimum disciplinary action for healthcare practitioner who deviates from sound medical judgment in treatment of patient with an opioid

(a)
If a healthcare practitioner treats a human patient with an opioid and that healthcare practitioner's licensing board or agency finds that the healthcare practitioner engaged in a significant deviation or pattern of deviation from sound medical judgment, the minimum disciplinary action that a healthcare practitioner's licensing board or committee must take shall be established and promulgated by rule by a task force composed of representatives from:
(1)
The board of medical examiners;
(2)
The board of osteopathic examination;
(3)
The board of dentistry;
(4)
The board of podiatric medical examiners;
(5)
The board of optometry;
(6)
The board of nursing; and
(7)
The board of physician assistants.
(b)
The task force must create a uniform minimum disciplinary action pursuant to this section, which shall be binding on each board and committee listed in subsection (a).
(c)
The task force is authorized to establish minimum disciplinary actions pursuant to this section by emergency rule in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The rule promulgated by the task force shall be codified and published by the secretary of state in each of the chapters for the boards and committee listed in subsection (a).
(d)
(1)
Each board and committee listed in subsection (a) must select and appoint by majority vote one (1) member of their respective board or committee to serve on the task force before September 1, 2018.
(2)
The task force shall select and appoint a member to serve as chair of the task force.
(3)
A majority of the task force shall constitute a quorum, and a majority vote of the task force members present is required for any action.
(4)
Notwithstanding any provision of the Uniform Administrative Procedures Act to the contrary, the task force shall hear public comment at any required hearing on behalf of all boards listed in subsection (a) when a hearing is required. The task force is authorized to vote to promulgate the rule to establish the uniform minimum disciplinary action for each board and committee listed in subsection (a).
(e)
In the event that the task force has not promulgated uniform minimum disciplinary actions by April 1, 2019, then the minimum disciplinary action that a healthcare practitioner's licensing board or agency must take is a removal of the healthcare practitioner's right to prescribe controlled substances for no less than five (5) years.
(f)
The task force shall terminate upon the later of July 1, 2019, or the effective date of a permanent rule establishing the uniform minimum disciplinary action pursuant to this section. The procedures of this section must be followed to amend, repeal, or otherwise revise the uniform minimum disciplinary action established pursuant to this section. In such case, the task force may be reconvened by the commissioner of health or a majority of the boards and committees listed in subsection (a).
(g)
Nothing in this part shall be construed to prohibit the licensing boards and committee listed in subsection (a) from promulgating rules regarding other minimum disciplinary actions that will be taken against their licensees.
Amended by 2021 Tenn. Acts, ch. 565, s 5, eff. 5/26/2021.
Acts 2018 , ch. 978, § 13.