reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 14 - HOTELS, FOOD SERVICE ESTABLISHMENTS AND SWIMMING POOLS (§§ 68-14-101 — 68-14-807) › Part 7 - QUICK FAST FOOD ESTABLISHMENTS (§§ 68-14-NEW — 68-14-728) › Section 68-14-714 - Exemptions from fees - Fractional permit fees

(a)
Churches, schools, civic, fraternal or veterans' organizations serving food are exempt from the payment of food service establishment permit fees; provided, that food is served on no more than fifty-two (52) separate days in one (1) fiscal year. The exemption is expressly limited to the payment of fees and shall not exempt these organizations from any other provisions of this part.
(b)
In addition to the exemption established in subsection (a), churches involved in the sale of food at a four-day, multi-regional event sponsored by a local chamber of commerce, whose primary purpose is to generate economic interest in the regions, shall further be exempt from the payment of food service establishment permit fees for the event.
(c)
A bona fide charitable or nonprofit organization that operates a food bank and an on-site feeding program for the free distribution of food to combat poverty and hunger shall be exempt from the payment of food service establishment permit fees.
(d)
When application is made for a permit to operate any food service establishment after January 1 of any year, or such other date as the commissioner may establish by rule and regulation, the fee charged for the permit shall be one-half (1/2) the annual rate; provided, however, that where the establishment was subject to permit requirements prior to January 1 or such other date as the commissioner may establish by rule and regulation, of any year, no such fractional rate shall be allowed.
Added by 2013 Tenn. Acts, ch. 182, s 48, eff. 7/1/2015.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 14 - HOTELS, FOOD SERVICE ESTABLISHMENTS AND SWIMMING POOLS (§§ 68-14-101 — 68-14-807) › Part 7 - QUICK FAST FOOD ESTABLISHMENTS (§§ 68-14-NEW — 68-14-728) › Section 68-14-715 - Inspection reports

(a)
Inspection results for food service establishments shall be recorded on standard departmental forms that summarize the requirements of the law and rules and regulations.
(b)
A copy of the completed inspection report shall be furnished in a manner prescribed by the commissioner to the person in charge of the facility at the conclusion of the inspection.
(c)
The most current inspection report furnished to the operator or person in charge of the establishment shall be posted in a conspicuous manner. If any violation noted on the report is required to be corrected within ten (10) days of the issuance of the report and the department determines that the violation has been corrected within the period of time, then a final report without notation of the violation shall be furnished to the operator or person in charge of the food service establishment and the report shall be posted in lieu of the original report.
Added by 2013 Tenn. Acts, ch. 182,s 48, eff. 7/1/2015.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 14 - HOTELS, FOOD SERVICE ESTABLISHMENTS AND SWIMMING POOLS (§§ 68-14-101 — 68-14-807) › Part 7 - QUICK FAST FOOD ESTABLISHMENTS (§§ 68-14-NEW — 68-14-728) › Section 68-14-716 - Correction of violations - Cessation of operations - Hearing on ordered corrective action - Resumption of operations

(a)
The completed inspection report shall specify a reasonable period of time for correction of violations found.
(b)
Corrections of violations shall be accomplished within the following periods:
(1)
If an imminent health hazard exists, the facility shall immediately cease operations until authorized to reopen by the commissioner;
(2)
All violations of priority items shall be corrected as soon as possible and in any event within ten (10) days following inspection. A follow-up inspection may be made for confirmation;
(3)
All other items should be corrected as soon as possible, but in any event by the time of the next routine inspection;
(4)
In the case of temporary food service establishments, all violations shall be corrected within twenty-four (24) hours. If violations are not corrected within twenty-four (24) hours, the establishment shall immediately cease food service operations until authorized to resume by the commissioner; and
(5)
In the case of farmers market food units, all violations of priority items must be corrected immediately whenever possible, and in any event within twenty-four (24) hours.
(c)
The inspection report shall state that failure to comply with any time limits specified by the commissioner for correction may result in cessation of operations. An opportunity for a hearing on the ordered corrective action shall be provided if a written request is filed with the commissioner within ten (10) days following cessation of operations. If a request for a hearing is received, a hearing shall be held within a reasonable time after receipt of the request.
(d)
Whenever a facility is required under this section to cease operations, it shall not resume operations until it is shown on reinspection that conditions responsible for the order to cease operations no longer exist. Opportunity for reinspection shall be offered within a reasonable time.
Amended by 2023 Tenn. Acts, ch. 475, s 4, eff. 1/1/2024.
Added by 2013 Tenn. Acts, ch. 182, s 48, eff. 7/1/2015.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 14 - HOTELS, FOOD SERVICE ESTABLISHMENTS AND SWIMMING POOLS (§§ 68-14-101 — 68-14-807) › Part 7 - QUICK FAST FOOD ESTABLISHMENTS (§§ 68-14-NEW — 68-14-728) › Section 68-14-717 - Examination or sampling of food - Hold order

Food may be examined or sampled by the commissioner as deemed necessary for the enforcement of this part. The commissioner may place a hold order on any food that the commissioner believes is in violation of this part or of rules and regulations, upon written notice to the operator specifying particular reasons for the hold order. The commissioner shall tag, label, or otherwise identify any food subject to a hold order. No food subject to a hold order shall be used, served, sold, or moved from the establishment. The hold order may state that the food be held while confirmation is obtained that the condition violates this part or rules or regulations. The hold order may also order the operator to destroy food that violates this part or rules or regulations. The commissioner shall permit storage of the food under the conditions specified in the hold order, unless storage is not possible without risk to the health of the public, in which case immediate destruction shall be ordered and accomplished. The hold order shall state that a request for a hearing may be filed within ten (10) days. If a request for a hearing is received, the hearing shall be held within a reasonable time after receipt of the request. On the basis of evidence produced at the hearing, the hold order may be rescinded, or the owner or person in charge may be directed by written order to denature or destroy such food or to bring it into compliance with this part.
Added by 2013 Tenn. Acts, ch. 182,s 48, eff. 7/1/2015.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 14 - HOTELS, FOOD SERVICE ESTABLISHMENTS AND SWIMMING POOLS (§§ 68-14-101 — 68-14-807) › Part 7 - QUICK FAST FOOD ESTABLISHMENTS (§§ 68-14-NEW — 68-14-728) › Section 68-14-718 - Review and approval of plans and specifications

Whenever a food service establishment is constructed or extensively remodeled, and whenever an existing structure is converted to use as a food service establishment, plans and specifications shall be submitted to the commissioner for review and approval before construction, remodeling, or conversion is begun. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans, and construction materials and work areas, and the type and model of proposed fixed equipment and facilities. The commissioner shall approve the plans and specifications if they meet the requirements of this part and of rules and regulations. No food service establishment shall be constructed, extensively remodeled, or converted, except in accordance with plans and specifications approved by the commissioner. Any deviation from the submitted plans and specifications previously approved by the commissioner discovered during an inspection that would not compromise the safety of food products shall not delay the issuance of a permit to operate a food service establishment.
Added by 2013 Tenn. Acts, ch. 182,s 48, eff. 7/1/2015.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 14 - HOTELS, FOOD SERVICE ESTABLISHMENTS AND SWIMMING POOLS (§§ 68-14-101 — 68-14-807) › Part 7 - QUICK FAST FOOD ESTABLISHMENTS (§§ 68-14-NEW — 68-14-728) › Section 68-14-719 - Containment of disease transmission by employees

(a)
When the commissioner has reasonable cause to suspect possible disease transmission by an employee of the facility, the commissioner may obtain information about any recent illness of the employee or make other investigations as may be indicated. The commissioner may require any of the following:
(1)
The immediate exclusion of the employee from employment in the food service establishment;
(2)
The immediate closing of the facility until, in the commissioner's opinion, no further danger of disease outbreak exists;
(3)
Restricting the employee's service to some area of the facility where there would be little likelihood of transmitting disease; or
(4)
Adequate medical and laboratory examinations of the employee and of other employees.
(b)
A person in charge, having been provided by the employee with written documentation from a person who practices in a medical profession in accordance with title 63 that the employee has been diagnosed with a condition set forth in chapter 2, § 2-201.11(B)(2) of the Food Code shall have an affirmative duty to notify the commissioner or the commissioner's designee. A person in charge shall not be required to obtain medical records from a prospective employee prior to hiring such individual as an employee.
Added by 2013 Tenn. Acts, ch. 182,s 48, eff. 7/1/2015.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 14 - HOTELS, FOOD SERVICE ESTABLISHMENTS AND SWIMMING POOLS (§§ 68-14-101 — 68-14-807) › Part 7 - QUICK FAST FOOD ESTABLISHMENTS (§§ 68-14-NEW — 68-14-728) › Section 68-14-720 - Penalties

Any person operating a food service establishment who fails or refuses to comply with any of this part or with rules and regulations, obstructs or hinders the regulatory authority in the discharge of the regulatory authority's duties, or otherwise operates a food service establishment in violation of this part or rules and regulations commits a Class C misdemeanor. Each day of operation after notice of noncompliance of violation has been given and such violation has not been corrected constitutes a separate offense.
Added by 2013 Tenn. Acts, ch. 182,s 48, eff. 7/1/2015.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 14 - HOTELS, FOOD SERVICE ESTABLISHMENTS AND SWIMMING POOLS (§§ 68-14-101 — 68-14-807) › Part 7 - QUICK FAST FOOD ESTABLISHMENTS (§§ 68-14-NEW — 68-14-728) › Section 68-14-721 - Injunctions

When the commissioner has reason to believe that a person is causing, is about to cause, or has caused a violation of this part or of the rules and regulations promulgated under this part, the commissioner may initiate proceedings in either the chancery court of Davidson County or the chancery court of the county where the violation is occurring, for injunctive relief to prevent the continuance of the violation or to correct the conditions resulting in, or about to result in, the violation.
Added by 2013 Tenn. Acts, ch. 182,s 48, eff. 7/1/2015.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 14 - HOTELS, FOOD SERVICE ESTABLISHMENTS AND SWIMMING POOLS (§§ 68-14-101 — 68-14-807) › Part 7 - QUICK FAST FOOD ESTABLISHMENTS (§§ 68-14-NEW — 68-14-728) › Section 68-14-722 - Sales by children

Notwithstanding this part to the contrary, children eighteen (18) years of age or less do not need a license or permit to sell bakery goods, homemade or otherwise, soft drinks, or other similar food commodities at public events.
Added by 2013 Tenn. Acts, ch. 182,s 48, eff. 7/1/2015.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 14 - HOTELS, FOOD SERVICE ESTABLISHMENTS AND SWIMMING POOLS (§§ 68-14-101 — 68-14-807) › Part 7 - QUICK FAST FOOD ESTABLISHMENTS (§§ 68-14-NEW — 68-14-728) › Section 68-14-723 - Quick fast food establishment delivery vehicles

(a)
Every quick fast food establishment delivery vehicle, whether owned by the establishment or not, that is used in the delivery of prepared food shall be clearly marked with the name and logo of the quick fast food establishment.
(b)
If the quick fast food establishment or one (1) of its delivery employees reasonably believes that providing delivery services to an address would expose delivery personnel to a risk of harm, the name or logo may be temporarily removed.
Added by 2013 Tenn. Acts, ch. 182,s 48, eff. 7/1/2015.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 14 - HOTELS, FOOD SERVICE ESTABLISHMENTS AND SWIMMING POOLS (§§ 68-14-101 — 68-14-807) › Part 7 - QUICK FAST FOOD ESTABLISHMENTS (§§ 68-14-NEW — 68-14-728) › Section 68-14-724 - Proof of financial responsibility for delivery vehicles owned by establishment

All vehicles owned by a quick fast food establishment used in the delivery of its products shall meet the requirements for proof of financial responsibility in accordance with §
55-12-102(12)(A)
.
Added by 2013 Tenn. Acts, ch. 182, s 48, eff. 7/1/2015.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 14 - HOTELS, FOOD SERVICE ESTABLISHMENTS AND SWIMMING POOLS (§§ 68-14-101 — 68-14-807) › Part 7 - QUICK FAST FOOD ESTABLISHMENTS (§§ 68-14-NEW — 68-14-728) › Section 68-14-725 - Maintenance of employee records - Fines for violations

(a)
Every quick fast food establishment shall maintain accurate and current files on each employee hired to provide delivery services that verify the employee has met the requirements of this part. Such files shall be open for inspection by the commissioner of health or the commissioner's authorized agent.
(b)
A fine not to exceed two hundred fifty dollars ($250) for each violation as defined in subsection (a) shall be assessed by the commissioner or the commissioner's authorized agent after providing an opportunity for a hearing; provided, that in addition to assessing such fines, the commissioner or the commissioner's authorized agent may revoke a permit for repeated violations of the requirements of this part or for interference with the commissioner or the commissioner's agent in the performance of the official's duty.
Added by 2013 Tenn. Acts, ch. 182,s 48, eff. 7/1/2015.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 14 - HOTELS, FOOD SERVICE ESTABLISHMENTS AND SWIMMING POOLS (§§ 68-14-101 — 68-14-807) › Part 7 - QUICK FAST FOOD ESTABLISHMENTS (§§ 68-14-NEW — 68-14-728) › Section 68-14-726 - Maintenance of required files - Requirements if contracting with company that provides drivers

The files required to be maintained in accordance with this part shall be kept by all quick fast food establishments that employ drivers or that contract with drivers or contract with companies that provide drivers for the delivery of food. If a quick fast food service establishment contracts with a company that provides drivers for the delivery of food, the company shall provide to the food service establishment proof of financial responsibility for each of the company's employees providing the driving services under the contract.
Added by 2013 Tenn. Acts, ch. 182,s 48, eff. 7/1/2015.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 14 - HOTELS, FOOD SERVICE ESTABLISHMENTS AND SWIMMING POOLS (§§ 68-14-101 — 68-14-807) › Part 7 - QUICK FAST FOOD ESTABLISHMENTS (§§ 68-14-NEW — 68-14-728) › Section 68-14-727 - Food samples at farmers markets - Requirements

Notwithstanding this part to the contrary, a vendor at a farmers market is not required to obtain a license or permit to offer samples for consumption on the premises of the farmers market. Samples may include fresh produce; value-added products; foods prepared in a licensed and inspected kitchen; foods produced pursuant to §§
53-1-102
,
53-1-118
, and
53-1-204
; and hot food prepared on site by a farmers market food unit, if the vendor complies with the following requirements:
(1)
Samples must be prepared on clean surfaces;
(2)
Food must be in good, sound condition, free from spoilage, filth, or other contamination;
(3)
Food must be honestly presented and safe for human consumption;
(4)
Cut produce should be discarded after two (2) hours;
(5)
Persons preparing or dispensing samples must wash their hands frequently or have and use disposable gloves;
(6)
A barrier must be maintained between hands and food, such as gloves, tongs, toothpicks, or napkins; and
(7)
Sneeze guards or plastic or glass coverings are required to protect open food products from contamination, such as insects, dirt, and customers.
Added by 2023 Tenn. Acts, ch. 475, s 2, eff. 1/1/2024.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 14 - HOTELS, FOOD SERVICE ESTABLISHMENTS AND SWIMMING POOLS (§§ 68-14-101 — 68-14-807) › Part 8 - KATIE BETH'S LAW [Pool Alarms] (§§ 68-14-801 — 68-14-807) › Section 68-14-801 - Short title

This part shall be known and may be cited as "Katie Beth's Law."
Acts 2010, ch. 850, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 14 - HOTELS, FOOD SERVICE ESTABLISHMENTS AND SWIMMING POOLS (§§ 68-14-101 — 68-14-807) › Part 8 - KATIE BETH'S LAW [Pool Alarms] (§§ 68-14-801 — 68-14-807) › Section 68-14-802 - Part definitions

For purposes of this part, unless the context otherwise requires:
(1)
"Pool alarm" means a device which emits a sound of at least fifty decibels (50 dB) when a person or an object weighing fifteen pounds (15 lbs.) or more enters the water in a swimming pool, but shall not include swimming protection alarm devices designed for individual use, such as an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water;
(2)
"Residential dwelling" means a one-family or two-family dwelling structure; and
(3)
"Swimming pool" means any structure that is intended for swimming or recreational bathing and contains water over thirty-six inches (36") deep, including, but not limited to, in-ground, aboveground, and on-ground swimming pools, hot tubs and nonportable spas.
Acts 2010, ch. 850, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 14 - HOTELS, FOOD SERVICE ESTABLISHMENTS AND SWIMMING POOLS (§§ 68-14-101 — 68-14-807) › Part 8 - KATIE BETH'S LAW [Pool Alarms] (§§ 68-14-801 — 68-14-807) › Section 68-14-803 - Prominent sign by sellers of pools regarding alarm requirement

Each person, enterprise, agency or entity that sells swimming pools to the general public shall post in a prominent place a sign, at least six inches (6") high and fourteen inches (14") wide, that reads as follows:
STATE LAW REQUIRES A POOL ALARM BE INSTALLED.
Acts 2010, ch. 850, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 14 - HOTELS, FOOD SERVICE ESTABLISHMENTS AND SWIMMING POOLS (§§ 68-14-101 — 68-14-807) › Part 8 - KATIE BETH'S LAW [Pool Alarms] (§§ 68-14-801 — 68-14-807) › Section 68-14-804 - Alarm requirement in pools

Each person, enterprise, agency or entity that purchases or acquires a swimming pool to be installed after January 1, 2011, shall install and maintain a pool alarm before using or making available for use such swimming pool.
Acts 2010, ch. 850, § 1; 2011, ch. 317, § 2.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 14 - HOTELS, FOOD SERVICE ESTABLISHMENTS AND SWIMMING POOLS (§§ 68-14-101 — 68-14-807) › Part 8 - KATIE BETH'S LAW [Pool Alarms] (§§ 68-14-801 — 68-14-807) › Section 68-14-805 - Alarm installation required for final approval of electrical wiring and for building permit - Offense

(a)
When an electrical inspection is required for approval of the wiring of a swimming pool, the electrical inspector shall not give final approval for such electrical wiring unless a hard-wired swimming pool alarm has been properly installed or the person, enterprise, agency or entity who has acquired the pool provides written proof that a battery operated pool alarm has been purchased.
(b)
(1)
No local government shall issue a building permit for the construction or substantial alteration of a swimming pool located at a residential dwelling unless the project calls for a functioning swimming pool alarm to be installed prior to the completion of the construction project.
(2)
It is an offense for any person, firm, association or corporation to knowingly accept a building permit for a swimming pool located at a residential dwelling unless a functioning swimming pool alarm will be installed prior to the completion of the construction project.
Acts 2010, ch. 850, § 1; 2011, ch. 317, § 3.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 14 - HOTELS, FOOD SERVICE ESTABLISHMENTS AND SWIMMING POOLS (§§ 68-14-101 — 68-14-807) › Part 8 - KATIE BETH'S LAW [Pool Alarms] (§§ 68-14-801 — 68-14-807) › Section 68-14-806 - Violations - Punishment

A violation of this part is a Class C misdemeanor, punishable by a fine only not to exceed one hundred dollars ($100). Second and subsequent offenses shall be punishable by a fine only of not more than five hundred dollars ($500).
Acts 2010, ch. 850, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 14 - HOTELS, FOOD SERVICE ESTABLISHMENTS AND SWIMMING POOLS (§§ 68-14-101 — 68-14-807) › Part 8 - KATIE BETH'S LAW [Pool Alarms] (§§ 68-14-801 — 68-14-807) › Section 68-14-807 - Exceptions

This part shall not apply to public swimming pools or multi-family residential housing swimming pools, as defined in §
68-14-302
.
Acts 2010 , ch. 850, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 15 - MISCELLANEOUS SANITARY REGULATIONS (§§ 68-15-101 — 68-15-303) › Part 1 - WORKSHOPS (§§ 68-15-101 — 68-15-107) › Section 68-15-101 - [Repealed]

Repealed by 2017 Tenn. Acts, ch. 253, s 1, eff. 5/2/2017.
Acts 1915, ch. 28, § 4; Shan., § 3473a81; Code 1932, § 6637; T.C.A. (orig. ed.), § 53-2205.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 15 - MISCELLANEOUS SANITARY REGULATIONS (§§ 68-15-101 — 68-15-303) › Part 1 - WORKSHOPS (§§ 68-15-101 — 68-15-107) › Section 68-15-102 - [Repealed]

Repealed by 2017 Tenn. Acts, ch. 253, s 1, eff. 5/2/2017.
Acts 1915, ch. 28, § 1; Shan., § 3473a77; Code 1932, § 6633; T.C.A. (orig. ed.), § 53-2201.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 15 - MISCELLANEOUS SANITARY REGULATIONS (§§ 68-15-101 — 68-15-303) › Part 1 - WORKSHOPS (§§ 68-15-101 — 68-15-107) › Section 68-15-103 - [Repealed]

Repealed by 2017 Tenn. Acts, ch. 253, s 1, eff. 5/2/2017.
Acts 1915, ch. 28, § 1; Shan., § 3473a78; Code 1932, § 6634; T.C.A. (orig. ed.), § 53-2202.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 15 - MISCELLANEOUS SANITARY REGULATIONS (§§ 68-15-101 — 68-15-303) › Part 1 - WORKSHOPS (§§ 68-15-101 — 68-15-107) › Section 68-15-104 - [Repealed]

Repealed by 2017 Tenn. Acts, ch. 253, s 1, eff. 5/2/2017.
Acts 1915, ch. 28, § 2; Shan., § 3473a79; Code 1932, § 6635; impl. am. Acts 1972, ch. 561, § 24; T.C.A. (orig. ed.), § 53-2203.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 15 - MISCELLANEOUS SANITARY REGULATIONS (§§ 68-15-101 — 68-15-303) › Part 1 - WORKSHOPS (§§ 68-15-101 — 68-15-107) › Section 68-15-105 - [Repealed]

Repealed by 2017 Tenn. Acts, ch. 253, s 1, eff. 5/2/2017.
Acts 1915, ch. 28, § 3; Shan., § 3473a80; Code 1932, § 6636; impl. am. Acts 1972, ch. 561, § 24; T.C.A. (orig. ed.), § 53-2204.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 15 - MISCELLANEOUS SANITARY REGULATIONS (§§ 68-15-101 — 68-15-303) › Part 1 - WORKSHOPS (§§ 68-15-101 — 68-15-107) › Section 68-15-106 - [Repealed]

Repealed by 2017 Tenn. Acts, ch. 253, s 1, eff. 5/2/2017.
Acts 1915, ch. 28, § 4; Shan., § 3473a82; Code 1932, § 6638; impl. am. Acts 1972, ch. 561, § 24; T.C.A. (orig. ed.), § 53-2206.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 15 - MISCELLANEOUS SANITARY REGULATIONS (§§ 68-15-101 — 68-15-303) › Part 1 - WORKSHOPS (§§ 68-15-101 — 68-15-107) › Section 68-15-107 - [Repealed]

Repealed by 2017 Tenn. Acts, ch. 253, s 1, eff. 5/2/2017.
Acts 1915, ch. 28, § 5; Shan., § 3473a83; Code 1932, § 6639; T.C.A. (orig. ed.), § 53-2207; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 15 - MISCELLANEOUS SANITARY REGULATIONS (§§ 68-15-101 — 68-15-303) › Part 2 - BEDDING MATERIALS (§§ 68-15-201 — 68-15-207) › Section 68-15-201 - Part definitions

As used in this part, unless the context clearly requires otherwise:
(1)
"Bedding" means any mattress, mattress pad, mattress protector pad, box spring, upholstered spring, upholstered sofa bed, quilted pad, comforter, bolster, cushion, pillow, featherbed, sleeping bag, or any other bag, case, or covering that is:
(A)
Made of leather, textile, or other material;
(B)
Stuffed or filled with any soft material or substance; and
(C)
Designed or made for sleeping or reclining purposes, or designed or made to be an integral part of a bed or couch or other device used for sleeping or reclining purposes;
(2)
"Comfort exchange policy" means a policy offered by a mattress manufacturer, wholesaler or retailer to a mattress buyer authorizing the buyer to exchange the mattress for a different firmness or for other reasons, within a certain period;
(3)
"Filling material" means:
(A)
Hair;
(B)
Down;
(C)
Feathers;
(D)
Wool;
(E)
Cotton;
(F)
Kapok;
(G)
Plant fibers; or
(H)
Any other soft material used in the manufacture of and the filling or stuffing of articles of bedding;
(4)
"Mattress" means any quilted pad, mattress, mattress pad, bunk quilt or cushion, stuffed and filled with wool, hair or other soft material, to be used on a couch or other bed for sleeping or reclining purposes;
(5)
"New" means an article of bedding or filling material that has not been previously used for any purpose; however, manufacturing processes shall not be deemed a prior use;
(6)
"Secondhand" means any article of bedding or material, or part of bedding or material, of which prior use of any kind has been made, including, but not limited to, a mattress that has been returned by a buyer to a manufacturer, wholesaler, or retailer pursuant to a comfort exchange policy; and an article of bedding shall be deemed to be secondhand if the article contains any previously used material in whole or in part; and
(7)
"Sold" or "sale" includes any of the following activities, or any combination of them:
(A)
Sell;
(B)
Offer;
(C)
Expose for sale;
(D)
Barter;
(E)
Trade;
(F)
Lend;
(G)
Deliver;
(H)
Give away;
(I)
Rent;
(J)
Consign;
(K)
Lease;
(L)
Possess with the intent to sell; or
(M)
Dispose of in any other commercial manner.
Acts 2003, ch. 28, § 1; 2006, ch. 591, § 1; 2012, ch. 564, § 2.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 15 - MISCELLANEOUS SANITARY REGULATIONS (§§ 68-15-101 — 68-15-303) › Part 2 - BEDDING MATERIALS (§§ 68-15-201 — 68-15-207) › Section 68-15-202 - Tagging required for new articles of bedding

Each new article of bedding, sold in this state, must have securely and permanently attached to it a substantial white cloth tag that:
(1)
Is visible on the outside covering, with the visible part being not less than six (6) square inches in size;
(2)
Will not flake when abraded; and
(3)
Is indelibly stamped or printed in the English language a statement or statements:
(A)
Describing the kind of materials used in filling the article of bedding;
(B)
Stating that the materials are new;
(C)
Disclosing the name and address of the manufacturer, distributor, or vendor; and
(D)
For articles of bedding containing mixtures of material from animal or fowl, indicating the percentage by weight of each kind of material contained in the article of bedding.
Acts 2003, ch. 28, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 15 - MISCELLANEOUS SANITARY REGULATIONS (§§ 68-15-101 — 68-15-303) › Part 2 - BEDDING MATERIALS (§§ 68-15-201 — 68-15-207) › Section 68-15-203 - Tag required for articles of bedding containing secondhand materials

(a)
Each article of bedding containing any secondhand material, sold in this state, must have securely and permanently attached to it the white cloth tag required by §
68-15-202
as well as a securely and permanently attached substantial yellow cloth tag upon which is stamped or printed, in the same manner as required in §
68-15-202
, a statement or statements:
(1)
Describing the kind of materials used in filling the article of bedding; and
(2)
Indicating that the article of bedding itself is secondhand or that certain specified material contained in the bedding is secondhand.
(b)
Subsection (a) shall also apply to all secondhand mattresses sold in this state.
Acts 2003 , ch. 28, § 1; 2007 , ch. 35, § 2.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 15 - MISCELLANEOUS SANITARY REGULATIONS (§§ 68-15-101 — 68-15-303) › Part 2 - BEDDING MATERIALS (§§ 68-15-201 — 68-15-207) › Section 68-15-204 - Tag required for shipments or delivery of materials used for filling articles of bedding

Each shipment or delivery of material to be used in this state for filling articles of bedding must have conspicuously attached to the material a tag upon which is stamped or printed a statement or statements:
(1)
Describing the kind of material;
(2)
Stating whether the material is new or secondhand; and
(3)
Disclosing the name and address of the manufacturer, distributor, or vendor.
Acts 2003, ch. 28, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 15 - MISCELLANEOUS SANITARY REGULATIONS (§§ 68-15-101 — 68-15-303) › Part 2 - BEDDING MATERIALS (§§ 68-15-201 — 68-15-207) › Section 68-15-205 - Restriction of terms used on tags

The terms used on the tag to describe filling materials shall be restricted to those defined in rules promulgated by the department of health. A trade or substitute term may not be used, and no additional information may be contained in the statement. The description of the filling material and the statement of whether new or previously used shall be in plain type not less than one-eighth inch (1/8") in height.
Acts 2003, ch. 28, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 15 - MISCELLANEOUS SANITARY REGULATIONS (§§ 68-15-101 — 68-15-303) › Part 2 - BEDDING MATERIALS (§§ 68-15-201 — 68-15-207) › Section 68-15-206 - Offenses - Penalties

(a)
A person who knowingly omits or falsifies information required for inclusion on a tag required by this part commits a Class C misdemeanor punishable by a fine only. Each such deficient tag shall constitute a separate offense.
(b)
A person who knowingly includes misleading information on a tag required by this part commits a Class C misdemeanor punishable by a fine only. Each such deficient tag shall constitute a separate offense.
(c)
A person who knowingly sells in this state an article of bedding or item of filling material without the required tag or tags properly affixed to it commits a Class C misdemeanor punishable by a fine only. Each such omitted tag shall constitute a separate offense.
(d)
Notwithstanding any provision of this section to the contrary, a first offense for selling a secondhand mattress in violation of §
68-15-203(b)
is a Class C misdemeanor, punishable by a fine only of fifty dollars ($50.00); a second offense is a Class B misdemeanor, punishable by a fine only of five hundred dollars ($500); and a third or subsequent offense is a Class A misdemeanor, punishable by a fine only of two thousand five hundred dollars ($2,500).
Acts 2003 , ch. 28, § 1; 2007 , ch. 35, § 3.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 15 - MISCELLANEOUS SANITARY REGULATIONS (§§ 68-15-101 — 68-15-303) › Part 2 - BEDDING MATERIALS (§§ 68-15-201 — 68-15-207) › Section 68-15-207 - Exceptions

This part does not apply to:
(1)
The sale by a householder of bedding that was owned and used by the householder or the householder's family and was not acquired for the purpose of resale;
(2)
The repair or renovation of any article of bedding by or for the owner for the owner's own use, or for the purpose of a casual and isolated sale by the owner; provided, however, that:
(A)
The same or new material is used, or sterilized material is used and that fact is indicated on a label prescribed by the department; and
(B)
The person who receives the article of bedding for repair or renovation securely and permanently attaches, at the time received, a red cloth tag on which the date of receipt and the name and address of the owner are indelibly and legibly written; or
(3)
Any article of bedding sold under court order.
Acts 2003, ch. 28, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 15 - MISCELLANEOUS SANITARY REGULATIONS (§§ 68-15-101 — 68-15-303) › Part 3 - PUBLIC RESTROOMS (§§ 68-15-301 — 68-15-303) › Section 68-15-301 - Required posting

Each person, enterprise, agency or entity that maintains publicly-owned restroom facilities available to the general public shall post in a prominent place within each such restroom a sign, at least six inches (6") high and fourteen inches (14") wide, that reads as follows:
FOR GOOD HEALTH,
PLEASE WASH YOUR HANDS!
Acts 1994, ch. 920, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 15 - MISCELLANEOUS SANITARY REGULATIONS (§§ 68-15-101 — 68-15-303) › Part 3 - PUBLIC RESTROOMS (§§ 68-15-301 — 68-15-303) › Section 68-15-302 - Penalty

Each failure to post the sign pursuant to §
68-15-301
shall subject the person, enterprise, agency or entity to a civil fine of fifty dollars ($50.00).
Acts 1994, ch. 920, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 15 - MISCELLANEOUS SANITARY REGULATIONS (§§ 68-15-101 — 68-15-303) › Part 3 - PUBLIC RESTROOMS (§§ 68-15-301 — 68-15-303) › Section 68-15-303 - Restroom Access Act

(a)
This section shall be known and may be cited as the "Restroom Access Act."
(b)
As used in this section:
(1)
"Customer" means an individual who is lawfully on the premises of a retail establishment;
(2)
"Eligible medical condition" means Crohn's disease, ulcerative colitis, any other inflammatory bowel disease, irritable bowel syndrome, or any other medical condition that requires immediate access to a toilet facility; and
(3)
"Retail establishment" means a place of business open to the general public for the sale of goods or services.
(c)
A retail establishment that has a toilet facility for its employees shall allow a customer to use that facility during normal business hours if all of the following conditions are met:
(1)
The customer requesting the use of the employee toilet facility suffers from an eligible medical condition or utilizes an ostomy device;
(2)
Three (3) or more employees of the retail establishment are working at the time the customer requests use of the employee toilet facility;
(3)
The retail establishment does not normally make a restroom available to the public;
(4)
The employee toilet facility is not located in an area where providing access would create an obvious health or safety risk to the customer or an obvious security risk to the retail establishment; and
(5)
A public restroom is not immediately accessible to the customer.
(d)
A retail establishment or an employee of a retail establishment is not civilly liable for any act or omission in allowing a customer to use an employee toilet facility that is not a public restroom if the act or omission meets all of the following:
(1)
It is not willful or grossly negligent;
(2)
It occurs in an area of the retail establishment that is not accessible to the public; and
(3)
It results in an injury to or death of the customer or any individual other than an employee accompanying the customer.
(e)
A retail establishment is not required to make any physical changes to an employee toilet facility under this section.
(f)
A retail establishment or an employee of a retail establishment that violates subsection (c) commits a Class C misdemeanor and is only subject to a fine of not more than fifty dollars ($50.00).
(g)
When requesting access to an employee toilet facility, a customer shall present to an employee of the retail establishment proof of an eligible medical condition. The proof shall take the form of a document issued by a licensed physician or the Crohn's & Colitis Foundation of America identifying the presenter of the document and citing the appropriate statutory authority.
Acts 2008, ch. 864, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 24 - ALCOHOL AND DRUG TREATMENT (§§ 68-24-101 — 68-24-701) › Part 3 - OVERDOSE REPORTS (§ 68-24-301) › Section 68-24-301 - Drug overdose by student

(a)
Every physician or other medical professional who makes a diagnosis of or treats a person who is believed to be enrolled in school in a kindergarten through grade twelve (K-12) for a drug overdose, and every chief administrative officer of a hospital, clinic, or dispensary in which there is a case of drug overdose of such a person, shall report such cases to public school officials under rules of the department of health adopted to ensure that such reports are not in violation of federal or state laws requiring confidentiality in treatment of drug abusers. The reports shall contain nothing more than the type of the drug, the school in which the student was enrolled, and the name and address of the reporter. School officials shall share such reports with law enforcement agencies when the school officials deem it necessary as a means of controlling drug problems in the schools involved.
(b)
"Drug," as used in this section, means any of the substances treated as controlled substances or controlled substance analogues under the Tennessee Drug Control Act of 1989, compiled in title 39, chapter 17, part 4.
(c)
Any person who fails to perform the duties imposed by this section is guilty of professional misconduct and for that failure is subject to professional discipline by the licensing agency or employment disciplinary action by the employer.
Acts 1982, ch. 750, § 1; T.C.A., § 33-820; Acts 1993, ch. 234, § 6; T.C.A., §
33-8-301
; Acts 1996, ch. 675, § 71; 2012, ch. 848, § 94.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 24 - ALCOHOL AND DRUG TREATMENT (§§ 68-24-101 — 68-24-701) › Part 6 - LICENSING OF ALCOHOL AND DRUG ABUSE COUNSELORS (§§ 68-24-601 — 68-24-606) › Section 68-24-602 - Licensing of alcohol and drug abuse counselors - Rules

(a)
The board may license the minimal competence of alcohol and drug abuse counselors based on satisfactory completion of its licensure process, including passing examinations, maintaining competence and professional standards and paying reasonable fees.
(b)
The board shall promulgate rules to effectuate the purposes of this part including, but not be limited to:
(1)
Application and licensure fees;
(2)
Examination and licensure procedures;
(3)
Standards of practice and qualifications for licensure;
(4)
Disciplinary procedures; and
(5)
Supervision of applicants.
(c)
(1)
When the board receives a completed application for initial licensure or a completed application for licensure from an applicant who is licensed in another state or territory of the United States or in the District of Columbia, then the board shall, within sixty (60) days from the date the board receives the completed application:
(A)
Render a decision on the application; or
(B)
Inform the applicant of the need to appear before the board.
(2)
As used in this subsection (c), "completed application" means an application that satisfies all statutory and board rule requirements.
Amended by 2023 Tenn. Acts, ch. 443,s 6, eff. 5/22/2023.
Acts 1997 , ch. 453, § 3; T.C.A. §
68-24-605
.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 24 - ALCOHOL AND DRUG TREATMENT (§§ 68-24-101 — 68-24-701) › Part 6 - LICENSING OF ALCOHOL AND DRUG ABUSE COUNSELORS (§§ 68-24-601 — 68-24-606) › Section 68-24-603 - Renewal - Fees - Rules and regulations

(a)
A license shall be renewable biennially on the birth date of the licensee.
(b)
The board, by rule, shall establish reasonable and necessary fees so that the fees, in the aggregate produce sufficient revenue to cover the cost of administering this part.
(c)
The board shall promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this part.
Acts 1997, ch. 453, § 4; T.C.A. §
68-24-606
.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 24 - ALCOHOL AND DRUG TREATMENT (§§ 68-24-101 — 68-24-701) › Part 6 - LICENSING OF ALCOHOL AND DRUG ABUSE COUNSELORS (§§ 68-24-601 — 68-24-606) › Section 68-24-604 - Practice of medicine or other professions not authorized

Nothing in this part shall be construed as permitting any person licensed as an alcohol or drug abuse counselor to engage in the practice of medicine, or to engage in the practice of a licensed psychologist, licensed psychological examiner, licensed senior psychological examiner, certified psychological assistant, licensed social worker, licensed professional counselor, licensed marriage and family therapist, or psychiatric nurse. Persons licensed as alcohol and drug abuse counselors shall not be authorized by this part to dispense or prescribe drugs. Nothing in this part shall be construed to constrict or limit the practice of medicine, the certification and licensing of social workers, the licensing of nurses, the licensing of psychologists, or the licensing of professional counselors and marriage and family therapists. In addition, nothing in this part shall be construed to prevent qualified members of such professions from advertising that such persons diagnose and treat alcohol and drug disorders within the scope of their respective professions or from actually diagnosing and treating alcohol and drug disorders within the scope of their respective professions.
Acts 1997, ch. 453, § 5; 2001, ch. 334, § 19; 2008, ch. 1016, § 9; T.C.A. § 68-24-607.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 24 - ALCOHOL AND DRUG TREATMENT (§§ 68-24-101 — 68-24-701) › Part 6 - LICENSING OF ALCOHOL AND DRUG ABUSE COUNSELORS (§§ 68-24-601 — 68-24-606) › Section 68-24-605 - Scope of counseling activities

(a)
Alcohol and other drug abuse counseling includes the following:
(1)
The evaluation and treatment of problems and misconceptions of persons who abuse mood-altering chemicals within the context of individual, group, familial and significant other systems;
(2)
The evaluation and treatment of those persons who have had their lives significantly impacted by another person's use of alcohol or other abuse of drugs. Alcohol and other drug abuse counseling includes the provision of the primary functions which may be performed by licensed alcohol and drug abuse counselors; and
(3)
The evaluation and treatment of those persons who have had their lives significantly impacted by compulsive gambling disorder; provided, however, that to evaluate or treat a person significantly impacted by compulsive gambling disorder, a counselor shall have not less than sixty (60) additional hours of specialized education relating to compulsive gambling disorder. The education shall be in the form of formal classroom hours or annual continuing educational hours, or a combination of such hours; provided further, that an applicant for license as a part of the applicant's clinically supervised counseling experience shall have experience with not less than ten (10) patients impacted by compulsive gambling disorder. A qualified supervisor shall have not less than sixty (60) formal classroom hours of instruction related to compulsive gambling disorder to supervise a counselor relative to the evaluation and treatment of compulsive gambling disorder.
(b)
Nothing in this part shall be construed as permitting any person licensed as an alcohol and drug abuse counselor to perform psychological testing intended to measure and/or diagnose mental illness. Consistent with each counselor's formal education and training, licensed alcohol and drug abuse counselors may administer and use appropriate assessment instruments which identify elements of perceptual inability to recognize empirical facts, problems of appropriately displaying emotions, and inappropriate responses to the environment of individuals, couples and families as part of the alcohol and other drug abuse therapy process or in the development of a treatment plan in the context of chemical abuse systems.
Acts 1997, ch. 453, § 6; 2009, ch. 459, § 1; T.C.A. § 68-24-608.