2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 1 - DEPARTMENT OF HEALTH (§§ 68-1-NEW — 68-1-2503) › Part 1 - GENERAL PROVISIONS (§§ 68-1-NEW — 68-1-144) › Section 68-1-143 - Implementation of measures if healthcare staffing crisis exists

(a)
As used in this section, "healthcare staffing crisis" means:
(1)
There is a shortage of qualified staff for healthcare facilities in this state as a result of an infectious disease or a catastrophic event; and
(2)
The shortage described in subdivision (a)(1) has the potential to compromise the health, safety, or welfare of the citizens of this state.
(b)
(1)
Notwithstanding a law to the contrary, the commissioner of health may implement the following measures if the commissioner determines a healthcare staffing crisis exists:
(A)
Allow a healthcare professional, who is licensed in another state, does not hold a valid license in this state, and who would otherwise be subject to the licensing requirements under title 63 or this title, to temporarily engage in the practice of the professional's profession in this state while employed by a facility licensed under title 33 or this title. If the commissioner implements this subdivision (b)(1)(A), then the commissioner must establish by rule a process for professionals to practice under this subdivision (b)(1)(A). The process must be published on the department of health's health professional boards' website. A healthcare professional practicing in this state pursuant to this subdivision (b)(1)(A) is subject to the licensing fees, rules, scope of practice, and disciplinary actions applicable to licensed healthcare professionals in this state that are not contrary to this subdivision (b)(1)(A);
(B)
(i)
Allow a healthcare professional licensed under title 63 or this title to perform tasks outside of the professional's scope of practice, if the tasks are performed in a hospital licensed under this title or in a psychiatric hospital, in a behavioral health residential facility, or by a behavioral health crises services provider licensed under title 33. The commissioner shall approve a professional pursuant to this subdivision (b)(1)(B) pursuant to a facility- or provider-specific plan of delegation, as follows:
(a)
In the case of a hospital licensed under this title, the plan has been submitted by the facility's chief medical officer and approved by the commissioner of health; or
(b)
In the case of a facility or provider licensed under title 33, the plan has been submitted by the facility's or provider's chief medical or chief executive officer and jointly approved by the commissioner of mental health and substance abuse services, and the commissioner of health;
(ii)
The plan of delegation must include the specific types of licensees covered, the specific tasks outside of the professional's licensed scope of practice that are permitted, and the specific circumstances and directives under which the tasks are permitted;
(iii)
The approval of the plan is subject to conditions set by the commissioner in rules promulgated by the department in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; and
(iv)
A professional performing tasks pursuant to this subdivision (b)(1)(B):
(a)
If licensed, remains subject to rules and disciplinary action as if the professional were acting within the professional's licensed scope of practice; and
(b)
If unlicensed, may be prohibited from obtaining a license in the future if found to be in violation of the plan of delegation or any related rules;
(C)
(i)
Allow a student actively enrolled in a graduate school program or an undergraduate respiratory care program, the educational standards of which meet the training requirements for a license under title 63 or this title, to perform supervised tasks within the licensed scope of practice of that license, if the tasks are performed in a hospital licensed under this title or in a psychiatric hospital, in a behavioral health residential facility, in a nursing facility licensed under this title that provides enhanced respiratory care reimbursed by TennCare, or by a behavioral health crises services provider licensed under title 33, pursuant to a facility- or provider-specific plan of delegation, as follows:
(a)
In the case of a hospital licensed under this title, the plan has been submitted by the facility's chief medical officer and approved by the commissioner of health;
(b)
In the case of a facility or provider licensed under title 33, the plan has been submitted by the facility's or provider's chief medical or chief executive officer and jointly approved by the commissioner of mental health and substance abuse services, and the commissioner of health; or
(c)
In the case of a nursing facility licensed under this title and providing enhanced respiratory care reimbursed by TennCare, the plan has been submitted by the facility's administrator and the medical director of either the facility or the facility's respiratory program, and approved by the commissioner of health;
(ii)
The plan of delegation pursuant to this subdivision (b)(1)(C) must include the specific types of programs in which a student must be enrolled to perform tasks in accordance with the plan, the specific tasks within the relevant scope of practice that the student is permitted to perform, and the specific circumstances and directives under which the tasks are permitted;
(iii)
The commissioner approving the plan may include conditions and may rescind approval in that person's sole discretion; and
(iv)
A student performing tasks pursuant to this subdivision (b)(1)(C) may be subject to disciplinary action upon applying for a license described in subdivision (b)(1)(C)(i) for actions inconsistent with the scope of practice for that license; and
(D)
Temporarily suspend the effectiveness of a rule applicable to facilities or providers licensed under title 33, title 63, or this title; provided:
(i)
The temporary suspension is consistent with regulations, or the waiver of regulations, issued by the federal centers for medicare and medicaid services;
(ii)
In the case of a facility or provider licensed under title 33 for the provision of mental health services or alcohol and drug abuse prevention or treatment, the temporary suspension is effective only to the extent that the commissioner of mental health and substance abuse services has concurred in the temporary suspension of the rule; and
(iii)
In the case of a facility or provider licensed under title 52 for the provision of services for intellectual and developmental disabilities, aging services, and personal support services, the temporary suspension is effective only to the extent that the commissioner of disability and aging has concurred in the temporary suspension of the rule;
(2)
It is within the commissioner of health's sole discretion to determine whether a healthcare staffing crisis exists pursuant to this section. However, if the commissioner makes that determination and implements the measures described in subdivision (b)(1), then the commissioner must provide the governor, the speaker of the senate, and the speaker of the house of representatives written notice of the healthcare staffing crisis and the intended measures prior to implementation of those measures.
(c)
The commissioner may impose geographic and time limitations on the measures authorized by this section for no more than one hundred twenty (120) days. The commissioner may extend the measures for up to an additional one hundred twenty (120) days if the commissioner makes a determination that a healthcare staffing crisis still exists.
Amended by 2024 Tenn. Acts, ch. 688,s 155, eff. 7/1/2024.
Added by 2022 Tenn. Acts, ch. 954, s 1, eff. 4/29/2022.