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 3 - PHIL TIMP-AMANDA WILCOX RIGHT TO TRY ACT (§§ 63-6-301 — 63-6-309) › Section 63-6-303 - Manufacturer permitted to provide investigational drug, biological product, or device to eligible patient - Conditions

(a)
A manufacturer of an investigational drug, biological product, or device may make available, and an eligible patient may request, the manufacturer's investigational drug, biological product, or device under this part; provided, that this part does not require that a manufacturer make available an investigational drug, biological product, or device to an eligible patient.
(b)
A manufacturer may do all of the following:
(1)
Provide an investigational drug, biological product, or device to an eligible patient without receiving compensation; and
(2)
Require an eligible patient to pay the costs of, or the costs associated with, the manufacture of the investigational drug, biological product, or device.
Added by 2015 Tenn. Acts, ch. 376, s 1, eff. 7/1/2015.
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 63-6-304 - Payment of costs - Provision of items or services without approval not required

(a)
This part does not expand the coverage required of an insurer under title 56, chapter 7.
(b)
A health plan, third-party administrator, or governmental agency may, but is not required to, provide coverage for the cost of an investigational drug, biological product, or device, or the cost of services related to the use of an investigational drug, biological product, or device under this part.
(c)
This part does not require any governmental agency to pay costs associated with the use, care, or treatment of a patient with an investigational drug, biological product, or device.
(d)
This part does not require any hospital or facility licensed under title 68, chapter 11, or any physician or healthcare provider to provide any items or services unless a request by an eligible patient is approved by the hospital, facility, physician, or healthcare provider.
Added by 2015 Tenn. Acts, ch. 376, s 1, eff. 7/1/2015.
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 63-6-305 - Patient's heirs not liable for outstanding debt

If a patient dies while being treated by an investigational drug, biological product, or device, the patient's heirs are not liable for any outstanding debt related to the treatment or lack of insurance due to the treatment.
Added by 2015 Tenn. Acts, ch. 376, s 1, eff. 7/1/2015.
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 63-6-306 - Action against healthcare provider's license or medicare certification prohibited

A licensing board or disciplinary subcommittee shall not revoke, fail to renew, suspend, or take any action against a healthcare provider's license issued under this title, based solely on the healthcare provider's recommendations to an eligible patient regarding access to or treatment with an investigational drug, biological product, or device. An entity responsible for medicare certification shall not take action against a healthcare provider's medicare certification based solely on the healthcare provider's recommendation that a patient have access to an investigational drug, biological product, or device.
Added by 2015 Tenn. Acts, ch. 376, s 1, eff. 7/1/2015.
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 63-6-307 - Official, employee, or agent of state prohibited from blocking eligible patient's access

An official, employee, or agent of this state shall not block or attempt to block an eligible patient's access to an investigational drug, biological product, or device. The rendering of counseling, advice, or a recommendation consistent with medical standards of care from a licensed healthcare provider is not a violation of this section.
Added by 2015 Tenn. Acts, ch. 376, s 1, eff. 7/1/2015.
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 63-6-308 - No private cause of action for harm done to eligible patient resulting from investigational drug, biological product, or device - Part does not affect requirements under section 56-7-2365

(a)
This part does not create a private cause of action against a manufacturer of an investigational drug, biological product, or device or against any other person or entity involved in the care of an eligible patient using the investigational drug, biological product, or device for any harm done to the eligible patient resulting from the investigational drug, biological product, or device, if the manufacturer or other person or entity is complying in good faith with the terms of this part and has exercised reasonable care.
(b)
This part does not affect any mandatory healthcare coverage for participation in clinical trials under §
56-7-2365
.
Added by 2015 Tenn. Acts, ch. 376, s 1, eff. 7/1/2015.
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 63-6-309 - Reporting of adverse events

If a patient suffers an adverse event associated with the use of an investigational drug, biological product, or device, the patient's physician shall report the adverse event to the manufacturer of the investigational drug, biological product, or device
Added by 2015 Tenn. Acts, ch. 376, s 1, eff. 7/1/2015.
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 4 - INTERSTATE MEDICAL LICENSURE COMPACT (§§ 63-6-401 — 63-6-402) › Section 63-6-401 - Short title

This part shall be known and may be cited as the "Interstate Medical Licensure Compact."
Added by 2017 Tenn. Acts, ch. 365, s 1, eff. 1/1/2019.
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 5 - PHYSICIANS' CONFLICT OF INTEREST DISCLOSURE ACT OF 1991 (§§ 63-6-501 — 63-6-503) › Section 63-6-501 - Short title

This part shall be known as the "Physicians' Conflict of Interest Disclosure Act of 1991."
Acts 1991, ch. 349, § 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 5 - PHYSICIANS' CONFLICT OF INTEREST DISCLOSURE ACT OF 1991 (§§ 63-6-501 — 63-6-503) › Section 63-6-502 - Conflict of interest - How addressed

(a)
Physicians are free to enter lawful contractual relationships, including the acquisition of ownership interests in health facilities, equipment or pharmaceuticals, but these can create potential conflicts of interest.
(b)
The potential conflict of interest shall be addressed by the following:
(1)
The physician has a duty to disclose to the patient or referring colleagues such physician's ownership interest in the facility or therapy at the time of referral and prior to utilization;
(2)
The physician shall not exploit the patient in any way, as by inappropriate or unnecessary utilization;
(3)
The physician's activities shall be in strict conformity with the law;
(4)
The patient shall have free choice either to use the physician's proprietary facility or therapy or to seek the needed medical services elsewhere; and
(5)
When a physician's commercial interest conflicts so greatly with the patient's interest as to be incompatible, the physician shall make alternative arrangements for the care of the patient.
(c)
The board shall have the authority to promulgate rules and regulations to effectuate this section.
Acts 1991, ch. 349, § 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 5 - PHYSICIANS' CONFLICT OF INTEREST DISCLOSURE ACT OF 1991 (§§ 63-6-501 — 63-6-503) › Section 63-6-503 - Federal law

Nothing in this part is intended to nor shall it permit any action that is inconsistent with the federal Patient and Program Protection Act of 1987, or other provisions of federal law that prohibits such arrangements as a condition to receipt of federal funds.
Acts 1991, ch. 349, § 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 6 - HEALTH CARE REFERRALS (§§ 63-6-601 — 63-6-608) › Section 63-6-601 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Entity" or "health care entity" means and includes a health care facility and an agency, company or health care professional, other than the referring physician, providing health care services;
(2)
"Health care facility" means and includes any real property or equipment of a health care institution as that term is defined in §
68-11-1602
; and
(3)
"Health care service" means and includes a diagnostic, treatment, therapy or rehabilitation service.
Acts 1993, ch. 408, § 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 6 - HEALTH CARE REFERRALS (§§ 63-6-601 — 63-6-608) › Section 63-6-603 - Where physicians may invest in and refer to an outside entity - Requirements

There may be situations in which a needed entity would not be built or instituted if referring physicians were prohibited from investing in the entity and a need might exist when there is no entity of reasonable quality in the community or when use of existing entities is onerous for patients. Therefore, physicians may invest in and refer to an outside entity, whether or not they provide direct care or services at or for the entity, if there is a demonstrated need in the community for the entity and alternative financing is not available. In such cases, the following requirements apply:
(1)
Individuals who are not in a position to refer patients to the entity shall be given a bona fide opportunity to invest in the entity and be able to invest on the same terms that are offered to referring physicians. The terms on which investment interests are offered to physicians shall not be related to the past or expected volume of referrals or other business from the physicians;
(2)
There is no requirement that any physician investor make referrals to the entity or otherwise generate business as a condition for remaining an investor;
(3)
The entity shall not market or furnish its items or services to referring physician investors differently than to other investors;
(4)
The entity shall not loan funds or guarantee a loan for physicians in a position to refer to the entity;
(5)
The return on the physician's investment shall be tied to the physician's equity in the entity rather than to the volume of referrals;
(6)
Investment contracts shall not include noncompetition clauses that prevent physicians from investing in other entities;
(7)
Physicians shall disclose their investment interest to their patients when making a referral. Patients shall be given a list of effective alternative entities if any such entities become reasonably available, informed that they have the option to use one of the alternative entities and assured that they will not be treated differently by the physician if they do not choose the physician-owned entity. These disclosure requirements also apply to physician investors who directly provide care or services for their patients in entities outside their office practice;
(8)
The physician's ownership interest shall be disclosed, when requested, to third party payers;
(9)
An internal utilization review program is established to ensure that investing physicians do not exploit their patients in any way, such as by inappropriate or unnecessary utilization; and
(10)
When a physician's financial interest conflicts so greatly with the patient's interest as to be incompatible, the physician shall make alternative arrangements for the care of the patient.
Acts 1993, ch. 408, § 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 6 - HEALTH CARE REFERRALS (§§ 63-6-601 — 63-6-608) › Section 63-6-604 - Prohibited cross referral arrangements

Cross referral arrangements or schemes between physicians or between physicians and entities, in which the physician or physicians know or should know that the arrangement has as its principal purpose generating referrals to an entity that if made directly by one of the participating physicians would be in violation of this part, are prohibited.
Acts 1993, ch. 408, § 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 6 - HEALTH CARE REFERRALS (§§ 63-6-601 — 63-6-608) › Section 63-6-605 - Preexisting investments - Compliance

If physicians have invested in entities prior to July 1, 1993, the physicians shall reevaluate their activity in accordance with this part and comply with its provisions. If compliance with the need and alternative investor criteria is not practical, it is essential that the identification of reasonably available alternative entities be provided.
Acts 1993, ch. 408, § 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 6 - HEALTH CARE REFERRALS (§§ 63-6-601 — 63-6-608) › Section 63-6-606 - Disposal of ownership interests - Cessation of referrals

(a)
On and after July 1, 1995, all physicians are required either to:
(1)
Dispose of their ownership interests in entities outside their office practice at which they do not directly provide care or services when they have an investment interest in the entity unless the entity meets the requirements of §
63-6-602
; or
(2)
Cease referring patients to such entities.
(b)
Physicians are encouraged to seek out potential buyers of a minority race before disposing of facilities or equipment regulated by this part. Upon request, the office of minority business enterprise in the department of economic and community development shall provide information relative to potential minority purchasers.
Acts 1993, ch. 408, §§ 7, 10.
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 6 - HEALTH CARE REFERRALS (§§ 63-6-601 — 63-6-608) › Section 63-6-607 - Violations - Sanctions

Any physician who makes or causes to be made a referral prohibited by this part is in violation of the medical practice law, as compiled in this chapter. Willful violations of this part are considered unprofessional conduct, which conduct is subject to licensure sanction by the board of medical examiners, including suspension, revocation or other restriction deemed appropriate by the board. In addition, the board is authorized to impose civil penalties of an amount up to five thousand dollars ($5,000) for each prohibited referral.
Acts 1993, ch. 408, § 8.
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 6 - HEALTH CARE REFERRALS (§§ 63-6-601 — 63-6-608) › Section 63-6-608 - Investment interests in publicly traded entities

The definition of "investment interest" does not include a publicly traded entity in which such physician has an investment interest if all of the following requirements are met:
(1)
The entity's stock is listed for trading on the New York Stock Exchange or the American Stock Exchange or is a national market system security traded under an automated interdealer quotation system operated by the National Association of Securities Dealers;
(2)
The entity had, at the end of the corporation's most recent fiscal year, total assets of at least fifty million dollars ($50,000,000), determined in accordance with generally accepted accounting principles, related to the furnishing of health services;
(3)
The entity markets and furnishes its services to physician-investors and other physicians on the same and equal terms;
(4)
All stock of the entity, including the stock of any predecessor privately held company, is one (1) class without preferential treatment as to status or remuneration;
(5)
The entity does not issue loans or guarantee any loans for physicians who are in a position to refer patients to such entity if the physician uses any portion of the loan to obtain the investment interest;
(6)
The income on the physician's investment is not tied to referral volumes and is directly proportional to the physician's equity interest in the entity;
(7)
The physician's investment interest does not exceed one-half of one percent (0.5%) of the entity's total equity; and
(8)
The physician purchases the investment interest either:
(A)
On terms generally available to the public; or
(B)
In exchange for an investment interest acquired by the physician before July 1, 1993; provided, the terms of the exchange are consistent with fair market value in an arms-length transaction and are not related to the volume or value of any referrals from the physician to the corporation and the investment interest is not held after December 31, 1997.
Acts 1993, ch. 408, § 9.
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 7 - VOLUNTEER HEALTH CARE SERVICES ACT (§§ 63-6-701 — 63-6-712) › Section 63-6-701 - Short title

This part shall be known and may be cited as the "Volunteer Health Care Services Act."
Acts 1995, ch. 299, § 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 7 - VOLUNTEER HEALTH CARE SERVICES ACT (§§ 63-6-701 — 63-6-712) › Section 63-6-702 - Legislative findings

(a)
The general assembly finds that:
(1)
Access to high quality health care services is a concern of all persons;
(2)
Access to such services is severely limited for some residents of this state, particularly those who reside in remote, rural areas or in the inner city;
(3)
Physicians and other health care professionals have traditionally worked to assure broad access to health care services; and
(4)
Many health care providers from Tennessee and elsewhere are willing to volunteer their services to address the health care needs of Tennesseans who may otherwise not be able to obtain such services.
(b)
The general assembly further finds that it is the public policy of this state to encourage and facilitate voluntary provision of health care services.
Acts 1995, ch. 299, § 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 7 - VOLUNTEER HEALTH CARE SERVICES ACT (§§ 63-6-701 — 63-6-712) › Section 63-6-703 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Free clinic" means a not for profit, out-patient, nonhospital facility in which a health care provider engages in the voluntary provision of health care services to patients without charge to the recipient of the services or to a third party;
(2)
"Health care provider" means any physician, surgeon, dentist, nurse, optometrist or other practitioner of a health care discipline, the professional practice of which requires licensure or certification under this title or under a comparable provision of law of another state, territory, district or possession of the United States;
(3)
"Licensed health care provider" means any health care provider holding a current license or certificate issued under:
(A)
This title; or
(B)
A comparable provision of the law of another state, territory, district or possession of the United States;
(4)
"Regularly practice" means to practice for more than sixty (60) days within any ninety-day period;
(5)
"Sponsoring organization" means any organization that organizes or arranges for the voluntary provision of health care services and that registers with the department of health as a sponsoring organization in accordance with §
63-6-706
and charges recipients based on one (1) of the following criteria:
(A)
On a sliding scale according to income;
(B)
A fee at the time of service of no more than fifty dollars ($50.00); or
(C)
No fee to the recipient; and
(6)
"Voluntary provision of health care services" means the providing of professional health care services by the health care provider either without charge to the recipient of the services or to a third party, or recipients are charged on a sliding scale according to income. Nothing shall preclude a health care provider from collecting the charges described in subdivision (5)(B) on behalf of the sponsoring organization as long as the health care provider retains none of the payment and forwards all collections to the sponsoring organization.
Amended by 2014 Tenn. Acts, ch. 575, s 1, eff. 3/28/2014.
Amended by 2014 Tenn. Acts, ch. 615, s 1, eff. 7/1/2014.
Amended by 2013 Tenn. Acts, ch. 235, s 1, eff. 7/1/2013.
Acts 1995, ch. 299, § 3; 2009 , ch. 581, § 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 7 - VOLUNTEER HEALTH CARE SERVICES ACT (§§ 63-6-701 — 63-6-712) › Section 63-6-704 - Licensure requirements

(a)
Notwithstanding any provision of law to the contrary, no additional license or certificate otherwise required under this title is necessary for the voluntary provision of health care services by any person who:
(1)
Is a duly licensed health care provider as defined under §
63-6-703
; or
(2)
Lawfully practices under an exception to the licensure or certification requirements of any state, territory, district or possession of the United States; provided, that the person does not and will not regularly practice in Tennessee.
(b)
Subsection (a) does not apply to any person whose license or certificate is suspended or revoked pursuant to disciplinary proceedings in any jurisdiction. Furthermore, subsection (a) does not apply to a licensed health care provider who renders services outside the scope of practice authorized by the provider's licensure, certification or exception to such licensure or certification.
Acts 1995, ch. 299, § 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 7 - VOLUNTEER HEALTH CARE SERVICES ACT (§§ 63-6-701 — 63-6-712) › Section 63-6-705 - Applicability

With regard to a person who voluntarily provides health care services and who is covered by §
63-6-704(a)
, the prohibitions expressed in §
63-6-202
, relative to itinerant physicians, shall not apply and all requirements regarding display of a license or certificate shall be satisfied by the presentation for inspection, upon request, of a photocopy of the applicable license, certificate or statement of exemption.
Acts 1995, ch. 299, § 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 7 - VOLUNTEER HEALTH CARE SERVICES ACT (§§ 63-6-701 — 63-6-712) › Section 63-6-707 - Liability insurance coverage

No contract of professional liability insurance covering a health care provider in this state, issued or renewed on or after May 26, 1995, shall exclude coverage to any provider who engages in the voluntary provision of health care services; provided, that the sponsoring organization and the health care provider comply with the requirements of this part.
Acts 1995, ch. 299, § 8.
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 7 - VOLUNTEER HEALTH CARE SERVICES ACT (§§ 63-6-701 — 63-6-712) › Section 63-6-708 - Immunity for voluntary provision of health care services

(a)
(1)
No person who is licensed, certified or authorized by the board of any of the professions of the healing arts, as enumerated in this title, shall be liable for any civil damages for any act or omission resulting from the rendering of such services, unless the act or omission was the result of such person's gross negligence or willful misconduct if the person:
(A)
Is engaging in the voluntary provision of health care services within the limits of the person's license, certification or authorization; and
(B)
The services are delivered to any patient of:
(i)
A sponsoring organization; or
(ii)
A free clinic.
(2)
The volunteer licensee who is providing free care shall not receive compensation of any type, directly or indirectly, or any benefits of any type whatsoever, or any consideration of any nature, from anyone for the free care. Nor shall such services be part of the provider's training or assignment.
(3)
The volunteer licensee must be acting within the scope of such license, certification or authority.
(4)
A health care licensee providing free health care shall not engage in activities at a clinic or at the health care licensee's office, if the activities are performed on behalf of the sponsoring organization, unless those activities are authorized by the appropriate authorities to be performed at the clinic or office and the clinic or office is in compliance with all applicable rules and regulations.
(b)
For purposes of this section, any commissioned or contract medical officer or dentist serving on active duty in the United States armed forces and assigned to duty as a practicing, commissioned or contract medical officer or dentist at any military hospital or medical facility owned and operated by the United States government shall be deemed to be licensed pursuant to this part.
Amended by 2014 Tenn. Acts, ch. 575, s 2, eff. 3/28/2014.
Acts 2005, ch. 208, § 1; 2007 , ch. 69, § 2; 2009 , ch. 581, § 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 7 - VOLUNTEER HEALTH CARE SERVICES ACT (§§ 63-6-701 — 63-6-712) › Section 63-6-709 - Liability of volunteer crisis response team member - Applicability

(a)
(1)
"Crisis intervention" means a session at which crisis response services are rendered by a critical incident stress management team member during or after a crisis or disaster.
(2)
"Crisis response services" means consultation, risk assessment, referral and crisis intervention services provided by a critical incident stress management team to individuals affected by crisis or disaster.
(3)
"Critical incident stress management team member," referred to also as "team member," means an individual specially trained to provide crisis response services as a member of an organized community or local crisis response team that holds membership in a registered critical incident stress management team.
(4)
"Registered team" means a team formally registered with a recognized training agency. For the purposes of this section, a recognized training agency shall include the International Critical Incident Stress Foundation, the National Organization for Victim Assistance, the National Red Cross, the Tennessee Public Safety Network and other such organizations.
(5)
"Training session" means a session providing crisis response training by a qualified, trained trainer utilizing the standards established by the accrediting agencies set out in subdivision (a)(4).
(6)
"Volunteer" means a person who serves and receives no remuneration for services except reimbursement for actual expenses.
(b)
(1)
Any volunteer crisis response team member who participates in a crisis intervention shall not be liable in tort for any personal injuries or infliction of emotional distress of any participant to the crisis intervention that is caused by the act or an omission of a crisis response team member during the course of a crisis intervention.
(2)
Subdivision (b)(1) shall not apply unless the intervention or training is conducted within generally accepted protocols of a registered team as defined by a nationally recognized accrediting agency.
(c)
The tort immunity in subsection (b) does not apply if:
(1)
The team member acted with actual malice or willful intent to injure the subject;
(2)
The team member acted outside the scope of assigned duties;
(3)
The team member acted without team coordination and dispatch;
(4)
The action involved the commission of a crime;
(5)
The action involved sexual harassment, sexual or physical abuse;
(6)
The actions involved any form of moral turpitude or moral misconduct within the normally accepted community standards; or
(7)
If damages resulted from gross negligence of the team member.
Acts 2008 , ch. 921, § 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 7 - VOLUNTEER HEALTH CARE SERVICES ACT (§§ 63-6-701 — 63-6-712) › Section 63-6-710 - Free clinics for veterans - Use of armory as site

(a)
This section may be known and cited as the "Kenneth Harry-Hill Tennessee Veterans Health Care Act of 2015." This section may also be known as the "Mission Tennessee for Veterans Program."
(b)
In addition to any other health care authorized by this part, a licensed healthcare provider who is a member of the national guard in this state, under title 58, chapter 1, part 2, may provide healthcare services to veterans and other persons who lack health insurance at a free clinic operated on the site of an armory, as defined in §
58-1-507
. The free clinic is authorized to provide limited primary health care, but not emergency care or urgent care services. Healthcare providers rendering services under this subsection (b) shall be deemed to be engaging in the voluntary provision of healthcare services under this part.
(c)
(1)
The military department is authorized to permit the use of an armory as a site of a free clinic on a temporary basis.
(2)
The military department is also authorized to permit members of the national guard who are licensed healthcare providers in this state to volunteer at free clinics operated at an armory under this section.
(3)
The military department is authorized to accept donations of medical supplies and services to assist the operation of a free clinic at an armory under this section.
(d)
A free clinic operating under this section is authorized to participate in appropriate networks and public information activities in order to facilitate access to free healthcare services by veterans.
(e)
The commissioner of health is authorized to 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.
(f)
For the purposes of this section, "veteran" means a Tennessee resident who has entered and served in the United States armed forces and who was discharged or released therefrom under conditions other than dishonorable.
Added by 2015 Tenn. Acts, ch. 277, s 1, eff. 7/1/2015.
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 7 - VOLUNTEER HEALTH CARE SERVICES ACT (§§ 63-6-701 — 63-6-712) › Section 63-6-711 - Immunity for those dispensing previously owned eyeglasses - Applicability

(a)
Subject to the requirements of subsection (b), none of the following shall be civilly liable for any damages arising out of dispensing previously owned eyeglasses to a person:
(1)
A sponsoring organization;
(2)
A free clinic and any optometrist, ophthalmologist, or dispensing optician providing services at the free clinic; or
(3)
Any organization that provides previously owned eyeglasses to a sponsoring organization or a free clinic free of charge and that is exempt from federal taxation under § 501(c)(3) or § 501(c)(4) of the Internal Revenue Code of 1986 (
26 U.S.C. § 501(c)(3) and (4)
).
(b)
In order for the immunity conferred by subsection (a) to apply:
(1)
The person to whom the previously owned eyeglasses are dispensed must be fourteen (14) years of age or older;
(2)
The previously owned eyeglasses must be dispensed without charge; and
(3)
Before the previously owned eyeglasses are dispensed, a licensed optometrist or ophthalmologist shall have:
(A)
Personally examined the recipient of the eyeglasses and issued a prescription for the eyeglasses; or
(B)
Personally consulted with the licensed optometrist or ophthalmologist who issued a prescription for the eyeglasses.
(c)
The previously owned eyeglasses may be dispensed by an optometrist or ophthalmologist or a dispensing optician working with the optometrist or ophthalmologist.
(d)
The immunity conferred by this section shall not apply if the organization or person granted immunity engages in grossly negligent or willful and wanton misconduct in dispensing the previously owned eyeglasses.
Added by 2016 Tenn. Acts, ch. 665, s 1, eff. 3/31/2016.
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 7 - VOLUNTEER HEALTH CARE SERVICES ACT (§§ 63-6-701 — 63-6-712) › Section 63-6-712 - Satisfaction of continuing education requirements

(a)
Notwithstanding this title to the contrary, a healthcare provider may satisfy one (1) hour of continuing education requirements for maintaining a license issued pursuant to this title through the performance of one (1) hour of voluntary provision of healthcare services as provided in this part. The maximum amount of hours of a continuing education requirement that a healthcare provider may satisfy through the voluntary provision of healthcare services pursuant to this subsection (a) is the lesser of eight (8) hours annually or twenty percent (20%) of the total annual required for the applicable license.
(b)
Upon providing evidence of completion of the voluntary provision of healthcare services, the healthcare provider shall identify in any documentation required to be submitted to the applicable licensing board, the name and contact information of the sponsoring organization.
(c)
The division of health related boards may promulgate rules to administer this section in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, including a fee to be charged to the healthcare provider for satisfying continuing education requirements pursuant to this section.
Added by 2017 Tenn. Acts, ch. 350, s 1, eff. 5/11/2017.
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 8 - GENETIC COUNSELORS' LICENSING ACT (§§ 63-6-801 — 63-6-808) › Section 63-6-801 - Short title

This part shall be known and may be cited as the "Genetic Counselors' Licensing Act."
Acts 2007 , ch. 366, § 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 8 - GENETIC COUNSELORS' LICENSING ACT (§§ 63-6-801 — 63-6-808) › Section 63-6-802 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"ABGC" means the American Board of Genetic Counseling;
(2)
"ABMG" means the American Board of Medical Genetics;
(3)
"Board" means the board of medical examiners, created by §
63-6-101
;
(4)
"CEU" means a continuing education unit as defined by the ABGC;
(5)
"Department" means the department of health;
(6)
"Division" means the division of health related boards within the department;
(7)
"Genetic counselor" means a person licensed under this part to engage in the practice of genetic counseling;
(8)
"Practice of genetic counseling" means the process of helping people understand and adapt to the medical, psychological and familial implications of genetic contributions to disease performed pursuant to a referral. This process integrates the following:
(A)
Interpretation of family and medical histories to assess the chance of disease occurrence or recurrence;
(B)
Education about inheritance, testing, management, prevention, resources and research; and
(C)
Counseling to promote informed choices and adaptation to the risk or condition;
(9)
"Referral" means a written or telecommunicated authorization for genetic counseling services from a physician licensed to practice medicine in all its branches or a physician assistant who has protocols or a collaborative agreement with a supervising physician that authorizes referrals to a genetic counselor; and
(10)
"Supervision" means the ongoing, direct clinical review for the purposes of training or teaching by an approved supervisor who monitors the performance or a person's supervised interaction with a client and provides regular documented face-to-face consultation, guidance and instructions with respect to the clinical skills and competencies of the person supervised. Supervision may include, without being limited to, the review of case presentations, audio tapes, video tapes and direct observation.
Amended by 2024 Tenn. Acts, ch. 1042,s 8, eff. 5/28/2024.
Amended by 2016 Tenn. Acts, ch. 980, s 10, eff. 7/1/2016.
Acts 2007 , ch. 366, § 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 8 - GENETIC COUNSELORS' LICENSING ACT (§§ 63-6-801 — 63-6-808) › Section 63-6-803 - Scope of genetic counseling

Genetic counseling is a communication process, conducted by one (1) or more appropriately trained individuals, that includes:
(1)
Estimating the likelihood of occurrence or recurrence of any potentially inherited or genetically influenced condition. This assessment may involve:
(A)
Obtaining and analyzing a complete health history of the person and family;
(B)
Reviewing pertinent medical records;
(C)
Evaluating the risks from exposure to possible mutagens or teratogens; and
(D)
Recommending genetic testing or other evaluations to assist in the diagnosis of a condition or determine the carrier status of one (1) or more family members;
(2)
Helping the individual, family, health care provider or public to:
(A)
Appreciate the medical, psychological and social implications of a disorder, including its features, variability, usual course and management options;
(B)
Learn how genetic factors contribute to the disorder and affect the chance for recurrence of the condition in other family members;
(C)
Understand available options for coping with, preventing, or reducing the chance of occurrence or recurrence of a condition;
(D)
Select the most appropriate, accurate and cost-effective methods of diagnosis; and
(E)
Understand genetic tests, including, but not limited to, diagnostic genetic tests, screening tests or predispositional genetic tests, coordinate testing for inherited disorders and interpret complex genetic test results;
(3)
Facilitating an individual's or family's:
(A)
Exploration of the perception of risk and burden associated with a genetic disorder;
(B)
Decision making regarding testing or medical interventions consistent with their beliefs, goals, needs, resources, culture and ethical/moral views; and
(C)
Adjustment and adaptation to the condition or their genetic risk by addressing needs for psychological, social and medical support.
Acts 2007 , ch. 366, § 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 8 - GENETIC COUNSELORS' LICENSING ACT (§§ 63-6-801 — 63-6-808) › Section 63-6-804 - Licensure requirement - Exceptions

(a)
No person shall engage in the practice of genetic counseling, act or represent that person to be a genetic counselor, or to use such titles as "genetic counselor," "licensed genetic counselor," "gene counselor," "genetic associate" or any words, letters, abbreviations or insignia indicating or implying that the person is a genetic counselor, unless that person holds a license or temporary license and otherwise complies with this part and the rules and regulations adopted by the board.
(b)
The following persons may engage in the practice of genetic counseling subject to the stated circumstances and limitations without being licensed under this part:
(1)
Other qualified and licensed health care professionals who are practicing within their scope of practice. Individuals may not use the title genetic counselor or any other title tending to indicate they are genetic counselors unless licensed as such in this state;
(2)
Students enrolled in an approved academic program in genetic counseling, if practice constitutes a part of a supervised course of study and the student is designated by a title clearly indicating the student's status as a student or trainee;
(3)
An individual trained as a genetic counselor who is reapplying for the ABGC certification examination and gathering logbook cases under supervision in an approved genetic counseling training site;
(4)
Individuals employed by a state genetics center that provides education regarding single gene conditions, including, but not limited to, sickle cell, cystic fibrosis and hemoglobinopathies. The individual may not use the title genetic counselor or any other title tending to indicate the individual is a genetic counselor unless licensed as such in this state; and
(5)
Visiting ABGC or ABMG certified genetic counselors from outside the state performing activities and services for a period of thirty (30) days each year. Visiting genetic counselors must be licensed, if licensure is available in their home state.
Acts 2007 , ch. 366, § 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 8 - GENETIC COUNSELORS' LICENSING ACT (§§ 63-6-801 — 63-6-808) › Section 63-6-805 - Compliance with ethical codes

(a)
All licensees shall comply with the current code of ethics adopted by the National Society of Genetic Counselors, except to the extent that it conflicts with state laws or the rules of the board. If the code of ethics conflicts with state law or rules, state law or rules govern the matter. A violation of the code of ethics or state law or rules may subject a licensee to disciplinary action.
(b)
Each applicant or licensee is responsible for being familiar with and following the code of ethics.
(c)
A copy of the code of ethics may be obtained by writing the National Society of Genetic Counselors, 401 N. Michigan Avenue, Chicago, IL 60611 or by visiting the website www.nsgc.org.
Acts 2007 , ch. 366, § 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 8 - GENETIC COUNSELORS' LICENSING ACT (§§ 63-6-801 — 63-6-808) › Section 63-6-808 - Retirement of license and relicensure

Any person who has been issued a license to practice under this part and who wishes to retire the license shall file with the board an affidavit, on a form to be furnished by the board, stating the date on which the person retired from practice and any other information deemed necessary by the board. If that person decides to reengage in practice in this state, the person shall apply for licensure as provided by this part and shall not be liable for licensure renewal fees that accrued during the period of retirement.
Acts 2007 , ch. 366, § 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 9 - RADIOLOGIC IMAGING AND RADIATION THERAPY (§§ 63-6-901 — 63-6-902) › Section 63-6-901 - [Repealed]

Repealed by 2023 Tenn. Acts, ch. 325,s 2, eff. 4/28/2023.
See 2023 Tenn. Acts, ch. 325, s 3.
Added by 2016 Tenn. Acts, ch. 1029, s 2, eff. 1/1/2017.
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 9 - RADIOLOGIC IMAGING AND RADIATION THERAPY (§§ 63-6-901 — 63-6-902) › Section 63-6-902 - [Repealed]

Repealed by 2023 Tenn. Acts, ch. 325,s 2, eff. 4/28/2023.
Amended by 2016 Tenn. Acts, ch. 1029, s 1, eff. 1/1/2017.
Acts 1982, ch. 905, § 7; T.C.A., §
63-6-223
; Acts 2000, ch. 956, § 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 10 - ACUPUNCTURE (§§ 63-6-1001 — 63-6-1010) › Section 63-6-1001 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"ACAOM" means the Accreditation Commission for Acupuncture and Oriental Medicine;
(2)
"Acupuncture" means a form of health care developed from traditional and modern oriental medical concepts that employs oriental medical diagnosis and treatment and adjunctive therapies and diagnostic techniques for the promotion, maintenance and restoration of health and the prevention of disease;
(3)
"ADS" means an acupuncture detoxification specialist trained in, and who performs only, the five-point auricular detoxification treatment;
(4)
"Board" means the Tennessee board of medical examiners;
(5)
"NADA" means the National Acupuncture Detoxification Association;
(6)
"NCCAOM" means the National Certification Commission for Acupuncture and Oriental Medicine; and
(7)
"Practice of acupuncture" means the insertion of acupuncture needles and the application of moxibustion to specific areas of the human body based on oriental medical diagnosis as a primary mode of therapy. Adjunctive therapies within the scope of acupuncture may include acupressure, cupping, thermal and electrical treatment and the recommendation of dietary guidelines and supplements and therapeutic exercise based on traditional oriental medical concepts.
Acts 2000, ch. 685, § 3.