Board of Dietitians/Nutritionist Examiners
Legislative
If you wish to review any of the following Public Chapters in their entirety, please visit:
https://sos.tn.gov/division-publications/acts-and-resolutions.
Noteworthy Health-Related Legislation
· The Department of Health’s administration bill successfully extended current opioid prescription protections that were put into place in 2018 under the Tennessee Together Act.
· The Department of Health was extended to June 30, 2027, following an audit and subsequent sunset hearings.
· Multiple boards administratively attached to the Department of Health were extended by the legislature following audits and subsequent sunset hearings.
Non-Health Related Legislative Activity of Note
· June 19th is now designated as a state holiday for Juneteenth.
· State employees are authorized to use sick leave from a sick leave bank to care for a sick minor child of the employee.
· State employees must be provided six paid weeks of leave for the birth of the employee’s child or because of the employee’s adoption of a child.
· “Send Me” is now an additional state motto.
· The legislature passed an extensive transportation modernization act.
· The legislature passed a teacher paycheck protection act that, among other things, raises the minimum teacher salary to $50,000 by 2026.
· Law enforcement officers and the district attorney general’s office may extend criminal immunity to persons who are experiencing a drug overdose and who are seeking medical assistance.
Pertinent Public Chapters
*All Public Chapters are hyperlinked to the actual document on the Secretary of State’s website.
Public Chapter No. 1—SB1/HB1—Johnson/Lamberth
This law prohibits a healthcare provider from knowingly performing or offering to perform on a minor, or administer or offer to administer to a minor, a medical procedure if the performance or administration of the procedure is for the purpose of enabling a minor to identify with or live as an identity inconsistent with the minor’s sex. This bill does not prohibit such medical procedure if the performance or administration is to treat a minor’s congenital defect, precocious puberty, disease, or physical injury or the medical procedure began prior to the effective date of this act and concludes on or before March 31, 2024. This law also prohibits a person from knowingly providing a
hormone or puberty blocker by any means to a minor if the provision of the hormone or puberty blocker is not in compliance with this bill. This bill is effective on July 1, 2023.
Public Chapter No. 48—SB11/HB2—Johnson/Zachary
This law extends certain provisions within the code regarding Covid-19 established during the 2021 Special Session. This bill was effective on March 21, 2023.
Public Chapter No. 49—SB94/HB50—Johnson/Lamberth
This law codifies the Acts of the 2022 legislative session. This law was effective on March 21, 2023.
Public Chapter No. 55—SB680/HB895—Reeves/Hurt
This law clarifies that the Medical Assistance Act of 1968 does not require a vendor, healthcare provider, or telehealth provider group that provides healthcare services exclusively via telehealth to have a physical address or site in this state in order to eb eligible to enroll as a vendor, provider, or provider group for that program. This law defines telehealth provider as two or more healthcare providers that share a common employer and provide healthcare services exclusively via telehealth. This law was effective on March 21, 2023.
Public Chapter No.103—SB1225/HB0556—White/Littleton
This law requires that court clerks notify the health facilities commission, instead of the department of health, when an offender is placed on the registry of persons who have been determined to have abused, neglected, misappropriated, or exploited the property of vulnerable individuals. This law also requires that notice must be provided within 90 days of conviction of the offense. This law became effective on March 31, 2021.
Public Chapter No.114—SB255/HB74—Johnson/Lamberth
This law changes the terms "general education development credential," "high school equivalency test," and variations of the terms to "high school equivalency credential” as referenced throughout the code. This law also replaces any references in code from GED(R) or HiSET(R) classes, coursework, testing, or services with the phrase “adult education programming to include preparation and testing toward obtaining a high school equivalency credential” throughout the code. This law is effective on July 1, 2023.This was a Department of Labor and Workforce Development legislative initiative.
Public Chapter No.156—SB40/HB206—Roberts/Ragan
This law extends the Department of Health to June 30, 2027. This law was effective on April 17, 2023.
Public Chapter No. 168—SB600/HB90—Hensley/Moody
This law prohibits counties, municipalities, and metropolitan governments from expending funds for the purpose of assisting a person in obtaining a criminal abortion. This prohibition includes using funds as part of a health benefit plan or for travel to another state for the purpose of obtaining an abortion. This law was effective on April 17, 2023.
Public Chapter 190—SB350/HB294—Campbell/Freeman
This law creates the “Save Tennessee Students Act” and requires public institutions of higher education to include, among other thing, the telephone number of the suicide and crisis lifeline on student identification cards for students enrolled in the institution. This law takes effect July 1, 2023.
Public Chapter No. 201—SB721/HB498—Massey/Martin
This law exempts a patient who is receiving an initial behavioral health evaluation or assessment from the requirement from an in-person encounter between the health care service provider, the healthcare services provider's practice group, or the healthcare system and the patient to be within sixteen months prior to the interactive visit. This law also authorizes a physician assistant who is authorized to prescribe drugs and who provides services solely via telehealth to arrange for chart review by a collaborating physician via HIAA-compliant electronic means. This law was effective on April 24, 2023.
Public Chapter No. 270—SB859/HB982—Reeves/Terry
This law protects a person's statement regarding the use or possession of marijuana to a healthcare provider through the course of a person's medical care for the purpose of obtaining medical advice on the adverse effects of marijuana with other medications or medical treatments. Under this law, such statement is not admissible as evidence in a criminal proceeding in which the person is a defendant unless a person expressly waives this prohibition and requests that the statement be admitted as evidence. This law was effective on April 28, 2023.
Public Chapter No. 285—SB1237/HB306—Hensley/Bulso
This law requires, in connection with an interscholastic athletic activity or event where membership in the TSSAA (Tennessee Secondary Athletic Association) is required, a student enrolled in a private school in this state to participate in an athletic activity or event only in accordance with the student’s sex as defined in code. This does not prohibit a student whose sex is female from participating on a team designated for male students if the school does not offer a separate team for female students in that sport. This law was effective on April 28, 2023.
Public Chapter No. 296—SB644/HB252—Hensley/Barrett
This law removes the requirement that a parent-teacher of a home school student provide proof of the student's immunizations and receipt of health services or examinations required by law generally for children in this state to the local education agency. Under this law, if a home school student participates in an LEA-sponsored interscholastic activity or event or an LEA-sponsored extracurricular activity, then the LEA may request and receive proof that the school received a health service or examination that is required for the LEA’s students to participate in the activity or event. This law was effective on April 28, 2023
Public Chapter No. 300—SB551/HB448—Lowe/Davis
This law requires governmental entities to provide a period of public comment for public meetings but authorizes the governmental entities to place reasonable restrictions on the period for public comment. This does not apply to a meeting of a governing body, or a portion thereof, where the governing body is conducting a disciplinary hearing or a meeting for which there are no actionable items on the agenda. This takes effect July 1, 2023.
Public Chapter No. 306—SB924/HB577—Rose/Parkinson
This law adds as an enhancement factor that can be considered during sentencing if a defendant has been convicted of aggravated assault or attempted first degree murder on the grounds or premises of a healthcare facility. Healthcare facility is defined as a hospital licensed under title 33 or 68. This law takes effect July 1, 2023.
Public Chapter 313—SB745/HB883—Helton-Haynes/Briggs
This law specifies that terminating an ectopic or molar pregnancy does not constitute a criminal abortion. This law removes the current affirmative defense in law and instead provides that it is not an offense of criminal abortion if the abortion is performed or attempted by a licensed physician in a licensed hospital or ambulatory surgical treatment center and certain conditions are met. This law also requires the Department of Health to collect reports submitted under this law and report quarterly the number of abortions performed in this state to certain individuals in the executive and legislative branches no later than January 1, April 1, July 1, and October 1 of each year. This law is effective April 28, 2023.
Public Chapter No. 316—SB1426/HB1004—Roberts/Darby
This law requires an appointed member of a governing body for a state entity to serve in such capacity until the member's successor is duly appointed and qualified. Under this, an appointed member of a board, commission, or other governing body for a state governmental entity may be removed by the member's appointing authority with or without cause. A vacancy created by the removal of a member must be filled by the appointing authority in the same manner as the original appointment. This law also creates an advisory council on state procurement. This law was effective on April 28, 2023.
Public Chapter No. 332—SB0068/HB0234—Roberts/Ragan
This law makes permanent rules filed with the Secretary of State on or after January 1, 2022, which are set to expire on June 30, 2023, remain in effect until repealed, amended or superseded by legislative enactment. This law was effective on May 5, 2023.
Public Chapter No. 337—SB269/HB317—Johnson/Lamberth
This law designates June 19th as as a new official state holiday for Juneteenth. This law was effective on May 5, 2023, and applies to June 19, 2023. This was one of Governor Lee’s legislative initiatives.
Public Chapter 380—SB123/HB394—Niceley/Reedy
This law makes various changes to the Tennessee Meat and Poultry Inspection Act and establishes a state meat inspection program within the Department of Agriculture. This law has multiple effective dates.
Public Chapter 386—SB193/HB702—Lundberg/Doggett
This law adds fentanyl, carfentanil, remifentanil, alfentanil, and thiafentanil to what constitutes a qualifying controlled substance for purposes of certain felony offenses. This law is on July 1, 2023, and applies to offenses after that date.
Public Chapter No. 412—SB1398/HB1242—Reeves/Powers
This law makes it a Class A misdemeanor to knowingly possess xylazine and makes it a Class C felony to knowingly manufacture, deliver, or sell xylazine, or to knowingly possess xylazine with intent to manufacture, deliver, or sell xylazine. This law exempts veterinarians. This law is effective July 1, 2023.
Public Chapter No. 426—SB0458/HB0496—Watson/Martin
This law requires certain health related boards to either render a decision on the application or inform the applicant of the need to appear before such board within 60 days from the date the respective board receives a completed application for licensure from either an initial applicant or an applicant who is licensed in another state or territory of the United States or in the District of Columbia. This law was effective on May 11, 2023, and applies to applications submitted on or after that date.
Public Chapter No. 466—SB858/HB952—Reeves/Boyd
This law makes several changes concerning the powers and authorities of the Health Facilities Commission, including but not limited to authorizing the Commission to license facilities also licensed by the Department of Mental Health and Substance Abuse Services for the purpose of provide acute care services, authorizes the licensing and regulating of assisted-care facility administrators, amends the duties and responsibilities
of the board for licensing health care facilities, authorizes the recovery and collection of civil monetary penalties under certain circumstances, and cleans up references to the Department of Health. This law has multiple effective dates. However, the law in its entirety will become effective on July 1, 2024.
Public Chapter No. 475—SB1049/HB1077—Yarbro/Thompson
This law creates a farmer’s market food unit permit for qualified applicants who pay a
$300 permit fee and who have successfully completed a pre-operational inspection to determine compliance with applicable rules. Additionally, this law exempts vendors from the requirement to obtain a license or permit to offer samples for consumption on the premises of the farmer’s market. For the purposes of promulgating rules, this law is effective May 17, 2023. For all other purposes, this law will be effective on July 1, 2024. This requires the Department of Health to promulgate rules.
Public Chapter No. 477—SB1111/HB1380—Bowling/Ragan
This law creates the “Mature Minor Doctrine Clarification Act.” This act prohibits a healthcare provider from providing a vaccination to a minor unless the healthcare provider first receives informed consent from a parent or legal guardian of the minor. The healthcare provider must document receipt of and include in the minor's medical record proof of prior parental or guardian informed consent. This law also requires written consent from a parent or legal guardian before providing a minor with a COVID- 19 vaccine. Additionally, this law prohibits an employee or agent of the state to provide, request, or facilitate the vaccination of a minor child in state custody except when certain situations apply. This law was effective May 17, 2023.
Public Chapter No. 486—SB1440/HB239—Roberts/Bulso
This law defines “sex” in code to mean a person's immutable biological sex as determined by anatomy and genetics existing at the time of birth and evidence of a person's biological sex. “Evidence of a person’s biological sex” includes, but is not limited to, a government-issued identification document that accurately reflects a person's sex listed on the person's original birth certificate. This law takes effect on July 1, 2023.
Please note that these are high-level overviews of each public chapter. They do not include every detail or provide all bill information. Please review the text of the bill in its entirety at your own discretion. If you have any questions or need further clarity, please reach out to your attorney.
Non-Health Related Legislative Activity of Note
• The legislature addressed legislative and Congressional redistricting.
• The “Truth in Sentencing” Act made mandatory sentences for certain criminal offenses.
• The “Tennessee Investment in Student Achievement (TISA) Act” reformed the school funding approach.
Highlights and Noteworthy Health-Related Legislation
• The Department had two successful legislative initiatives that became law relating to local county health departments and the Controlled Substance Monitoring Database, respectively.
• Healthcare Facilities will move to the Health Services and Development Agency (HSDA)/Health Facility Commission on July 1, 2022.
• Healthcare providers can continue to utilize telehealth and receive reimbursement for telehealth services.
• The Board of Pharmacy and the Board of Nursing will now hire and fire the Executive Director of the Board.
• A registry within the Tennessee Commission on Aging and Disability was created to combat the operation of unlicensed facilities.
Pertinent Public Chapters
*All Public Chapters are Hyperlinked to the Document on the Secretary of State’s Website*
Public Chapter 602—SB1696/HB1777—Roberts/Ragan
Re: Board of Dietitian/Nutritionist Examiners Sunset. This public chapter extends the Board of Dietitian/Nutritionist Examiners to June 30, 2028.
Public Chapter 644—SB1823/HB1867—Johnson/Zachary
Re: Covid-19 Vaccine Exemptions. This public chapter requires that an employer grant certain exemptions to requirements of proof/receipt of vaccinations if the request for exemption is either (1) supported by signed/date statement by a licensed physician that the staff member has a condition recognized under generally accepted medical standards as a basis for the medical exemption or (2) the staff member attests in writing (including electronic means) that the staff member has a sincerely held religious believe that prevents the staff member from complying the requirement in accordance with guidance from Medicare and Medicaid services. This public chapter creates a civil penalty of $10,000 for violation of this statute. Effective as of March 11, 2022.
Public Chapter 680—SB1909/HB1904—Johnson/Faison
Re Autoclave Requirements. This public chapter exempts autoclaves from the clearance requirements of the Board of Boilers Rules if the autoclave sterilizes reusable medical or dental equipment used by an individual licensed under title 68 or 63, is installed in accordance with the manufacturer’s recommendations, contains a boiler, and is regulated by the FDA. Effective as of March 28, 2022. The Governor did not sign this public chapter.
Public Chapter 756—SB1789/HB2858—Briggs/Kumar
Re Conditions of Participation. This public chapter removes the requirement that a healthcare provider enrolled in Medicare or Medicaid be subject to conditions of participation to be exempt from the definition of “private business” or “governmental entity” for purposes of the Title 14/Covid-19 state laws.
Effective as of March 31, 2022.
Public Chapter 766—SB2453/HB2655—Yager/Hawk
Re Telehealth. This public chapter extends the ability for healthcare providers to receive reimbursement for healthcare services provided during a telehealth encounter. This public chapter also clarifies that a healthcare provider acting within the scope of a valid license is not prohibited from delivering services through telehealth. Lastly, this public chapter adds that the requirement of an in-person encounter between the healthcare services provider, the provider’s practice group, or the healthcare system and patient within sixteen months prior to the interactive visit is tolled for the duration of a state of emergency declared by the Governor provided that healthcare services provider or patient, or both, are located in the geographical area covered by the state of emergency. Effective as of April 1, 2022 and applies to insurance policies or contracts issued, entered into, renewed, or amended on or after that date.
Public Chapter 810—SB2035/HB2058—Southerland/Gant
Re Smokeless Nicotine Products. This public chapter makes it unlawful for the sale or distribution of smokeless nicotine products to individuals under 21 years old and unlawful for individuals under 21 years old to purchase or possesses smokeless nicotine products. For the purposes of this public chapter, smokeless nicotine product means nicotine that is in the form of a solid, gel, gum, or paste that is intended for human consumption or placement in the oral cavity for absorption into the human body by any means other than inhalation. Smokeless nicotine does not include tobacco or tobacco products or nicotine replacement therapy products. Effective as of April 8, 2022.
Public Chapter 833—HB1997/SB1936—Cochran/Jackson
Re UAPA. Clarifies that the ALJ shall decide a procedural questions of law. Allows the director of the administrative procedures division of the secretary of state’s office to issue subpoenas. Allows electronic participation in hearings, by agreement of the parties. The hearing officer may allow electronic testimony if the absence of the witness would otherwise cause of delay of the hearing. Requires that a final orders be issued within 90 days. Allows that a petition for reconsideration be filed within 15 days of the entry of the final order or initial order.
Effective as of April 19, 2022.
Public Chapter 862—SB693/HB813—Niceley/Lafferty
Re Food. “Tennessee Food Freedom Act.” Exempts homemade food from licensing, inspection, permitting, packaging and labelling laws, except when the Department of Health is investigating a reported foodborne illness. Provides that specific information will be provided for homemade food(s). Permits the Department of Health to investigate foodborne illnesses. Effective on July 1, 2022.
Public Chapter 883—SB2285/HB1749—Bell/Ragan
Re UAPA and Judicial Review Standards. Requires that a judge over a contested case not defer to an agency’s interpretation of the statue or rule and shall interpret it de novo. Remaining ambiguity shall be resolved against the agency.
Effective as of April 14, 2022.
Public Chapter 911—HB2309/SB2464—Freeman/Reeves
Re Professional License Requirements. Mandates that a person seeking a professional license have US citizenship or be authorized under federal law to work in the US as verified by the SAVE Program (allows DACA children who are now adults to obtain professional licensure if not otherwise prevented by the license).
Effective July 1, 2022.
Public Chapter 930—HB1871/SB1982—Hulsey/Hensley
Re Covid Vaccinations and Acquired Immunity. Amends Title 14 to mandate that acquired immunity from a previous Covid-19 infection be treated the same as a Covid-19 vaccination by a governmental entity, school, or local education authority. Mandates that private businesses who require vaccinations also include recognition for acquired immunity for Covid-19. Effective as of April 11, 2022—This was not signed by Governor.
Public Chapter 1073—HB2665/SB2449—Sexton, McNally
Re Covid Visitation Policies and Limitations on Covid Treatment Exemptions. Clarifies that a prescriber can be disciplined for prescribing controlled substances and/or narcotics for treatment of Covid, if appropriate. In addition, creates a patient advocate process that hospitals must follow during times of covid concern. Allows that person to enter a facility if they agree to follow procedures but provides certain exceptions to access to locations within the hospital. Effective as of May 25, 2022.
Public Chapter 1094—SB1891/HB1905—Hulsey/Doggett
Re Mandatory Reporting of Fatal Drug Overdoses. Requires that a fatal overdose be reported to law enforcement, including by doctors and nurses.
Effective July 1, 2022.
Public Chapter 1110—SB2219/HB2705—Briggs/Carringer
Re Local/County Smoking Prohibitions. Permits local or county governments to pass legislation to prohibit smoking and/or vaping in age-restricted venues. Excludes cigar bars and retail tobacco stores from the local prohibitions.
Effective on July 1, 2022.
Public Chapter 1117—SB2448/HB2671—White/Farmer
Re: Extended Liability Protection Against Covid Claims. Extends the liability protection against claims based on Covid exposure until July 1, 2023. Effective as of June 1, 2022.
Public Chapter 1123—SB2574/HB2535—Crowe/Alexander
Re: End-of-Life Visitation at Nursing Homes and Assisted Living Facilities. Requires that nursing homes and assisted living facilities allow for visitation during a disaster, emergency, or public health emergency for Covid-19. Provides an exemption if the visitation would violate federal or state law.
Effective July 1, 2022.
** Please note that these are high-level overviews of each public chapter. Speak with the Board
Attorney for any specific questions or concerns. **
This act prohibits agencies subject to sunset review from promulgating rules or adopting policies to exempt members solely by virtue of their status as members.
This act took effect March 23, 2021.
This act creates a new definition of “store-and-forward telemedicine services” to include the use of asynchronous computer-based communications between the healthcare provider and the patient for the purpose of diagnoses, consultation, or treatment of a patient at a distant site where there may be no in-person exchange.
This act took effect April 13, 2021.
This act authorizes unlicensed graduates of certain medical training programs to provide telehealth services, provided they maintain the same existing standards for telehealth that licensed providers must meet.
This act took effect April 20, 2021.
This act authorizes records custodians to petition a court for injunctive relief from individuals making frequent public records requests with the intent of disrupting government operations, following a fifth (5th) public records request. A records custodian can only petition a court if they notify the person in writing stating the specific conduct may constitute intent to disrupt government operations, and that the person continues to do so. The individual upon a court enjoinment would not be able to make public requests at the agency for up to one (1) year.
This chapter took effect April 28th, 2021 and will sunset July 1, 2025.
This act requires the attorney general and reporter to not approve an emergency rule if the emergency rule does not meet the statutory criteria for adoption of the rule.
This act took effect July 1, 2021.
This act requires that starting December 1, 2023, state agencies submit a report of their effective rules to the chairs of the government operations committee every eight (8) years. The report is required to include a brief description of the department’s operations that each chapter affects, as well as each rule and its administrative history, which would include the original promulgated date and the dates the rule was last amended, if applicable. Additionally, the report would include a determination of each rule on whether it is adheres to current state or federal law or court rulings, should be amended or repealed, reviewed further, or continue in effect without amendment. Lastly, if there are any intentionally false statements in the report, the government operations committee would have the
ability to vote to request the general assembly to remove a rule or suspend the department’s rulemaking authority for any reasonable period of time.
This act took effect July 1, 2021.
This act authorizes an exception to existing telehealth requirements governing healthcare providers in Tennessee. In doing so, it allows individuals licensed in another state to practice telehealth in Tennessee while providing healthcare services on a volunteer basis through a free clinic.
This act took effect May 11, 2021.
This act requires public or private entities or businesses that operate a building open to the general public to post signage regarding public restroom access in certain situations. Specifically, this applies to entities or businesses that have restroom policies allowing either biological sex to use any public restroom within their building. The act includes requirements for language, size, location, and even color for the signage. The act excludes unisex, single occupant restrooms or family restrooms intended for use by either sex.
This act took effect July 1, 2021.
This act prohibits the Governor from issuing an executive order and a state agency, department or political subdivision from promulgating, adopting, or enforcing an ordinance or resolution that requires a person to receive an
immunization, vaccination, or injection for the SARS-CoV-2 virus or any variant of the SARS-CoV-2 virus. It also deletes the previous override during an epidemic or immediate threat of an epidemic of an objection against vaccination that was made on the basis of religious tenets. The law prohibits requiring the COVID-19 vaccine to attend k-12 schools. The prohibition against requiring vaccines does not apply to governmental entities subject to federal or state statute or rule that prohibits the entity from requiring medical treatment for those who object on religious grounds or right of conscience. The law also does not apply to students of a public institution of higher education delivering healthcare services when the student is participating in/fulfilling requirements of a program in medicine, dentistry, pharmacy, or another healthcare profession.
This act took effect May 25, 2021.
This act limits an agency’s authority to promulgate rules without a public hearing. There are exceptions to the public hearing requirement. These exceptions include emergency rules, rules that are nonsubstantive modifications to existing rules (like clerical updates), rules that repeal existing rule, or rules that eliminate or reduce a fee described by an existing rule.
This act took effect July 1, 2021.
This act authorizes the joint government operations committee to stay an agency’s rule from going into effect for a period of time not to exceed ninety (90) days. If the government operations committee determines that subsequent stays are necessary, then the joint committee may issue consecutive stays, each for an additional ninety (90) day period, so long as such stays do not extend beyond the
fifth legislative day of the year following the year in which the rule is filed with the secretary of state. The initial stay may be done by either the house or senate government operations committee, but subsequent stays must be by agreement by the committees of both chambers. A stay is effective when the respective committee files written notice with the secretary of state, and the respective committee shall specify the length of effectiveness of the stay.
This act took effect May 25, 2021.
**These are general summaries of legislation. For more detailed information and all specifics/requirements, please review the links to each public chapter**
Public Chapter 4 (second extraordinary session)
This public chapter deals with telehealth and reimbursement. The majority of the legislation is focused on provisions related to insurance and reimbursement for telehealth services. Section 9 of the public chapter, however, focuses on the definition of telehealth and what health practitioners are authorized to do telehealth.
Section 9 of the bill defines "telehealth," "telemedicine," and "provider-based telemedicine" as the use of real time audio, video, or other electronic media and telecommunication technology that enables interaction between a healthcare provider and a patient for the purpose of diagnosis, consultation, or treatment of a patient at a distant site where there may be no in-person exchange between a healthcare provider and a patient. The definition also includes store-and-forward telemedicine services.
Until April 1, 2022, all licensed providers under title 63 (as well as licensed alcohol and drug abuse counselors under title 68, or any state-contracted crisis service provider that is employed by a facility licensed under title 33) are defined as healthcare providers under the telehealth bill. After April 1, 2022, the definition of a healthcare provider eligible to perform telehealth services will change to an individual acting within the scope of a valid license issued pursuant to title 63 (as well as licensed alcohol and drug abuse counselors under title 68, or any state-contracted crisis service provider that is employed by a facility licensed under title 33). Telehealth is not authorized for use at pain management clinics or for the treatment of chronic nonmalignant pain. It is also not available for veterinarians.
A patient-provider relationship in regard to telehealth is created by mutual consent and communication. No new standards of care are created, and the provider will be held to the same standard of care as if the case was in person. Finally, the board shall not establish a more restrictive standard of practice for telehealth than what is specifically authorized by the provider's practice act or other applicable statutes.
This act took effect August 20, 2020.
This act was the Department of Health’s Licensure Accountability Act. The bill allows all health related boards to take action against a licensee that has been disciplined by another state for any acts or omissions that would constitute grounds for discipline in Tennessee. The law also expands available emergency actions, allowing actions beyond simply a summary suspension. Finally, the act establishes that the notification of law changes to health practitioners can be satisfied by the online posting of law changes by the respective boards. Notice must be maintained online for at least 2 years following the change.
This act took effect March 20, 2020.
This act prohibits a governmental entity from authorizing destruction of public records if the governmental entity knows the records are subject to a pending public record request. Prior to authorizing destruction of public records an entity must contact the public record request coordinator to ensure the records are not subject to any pending public record requests. Records may still be disposed of in accordance with an established records retention schedule/policy as part of an ordinary course of business as long as the records custodian is without knowledge the records are subject to a pending request.
This act took effect on June 22, 2020.
This act states that an entity responsible for an AED program is immune from civil liability for personal injury caused by maintenance or use of an AED if such conduct does not rise to the level of willful or wanton misconduct or gross negligence.
This act took effect on March 28, 2019.
The majority of this act pertains to boards governed by the Department of Commerce and Insurance. One small section applies to the health related boards. Currently, the health related boards have an expedited licensure process for military members and their spouses. Previously, a spouse of an active military member had to leave active employment to be eligible for this expedited process. This act removes that requirement. This section applies to all health related boards. The Commissioner of Health is permitted to promulgate rules, but rules are not needed to implement the act.
This act takes effect July 1, 2019.
This act allows healthcare professionals to accept goods or services as payment in direct exchange of barter for healthcare services. Bartering is only permissible if the patient to whom services are provided is not covered by health insurance. All barters accepted by a healthcare professional must be submitted to the IRS annually. This act does not apply to healthcare services provided at a pain management clinic.
This act took effect April 30, 2019.
This act mandates that an agency that requires a person applying for a license to engage in an occupation, trade, or profession in this state to take an examination must provide appropriate accommodations in accordance with the Americans with Disabilities Act (ADA). Any state agency that administers a required examination for licensure (except for examinations required
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by federal law) shall promulgate rules in regard to eligibility criteria. This legislation was introduced to assist individuals with dyslexia.
This act took effect May 2, 2019 for the purpose of promulgating rules, and for all other purposes, takes effect July 1, 2020.
This act permits law enforcement agencies to subpoena materials and documents pertaining to an investigation conducted by the Department of Health prior to formal disciplinary charges being filed against the provider. This bill was brought by the Tennessee Bureau of Investigation.
This act went into effect May 22, 2019.
This law requires an agency holding a public hearing as part of its rulemaking process, to make copies of the rule available in “redline form” to people attending the hearing.
This takes effect July 1, 2018.
This statute allows a licensing entity the discretion to not suspend/deny/revoke a license in cases where the licensee has defaulted or become delinquent on student loans IF a medical hardship significantly contributed to the default or delinquency.
This act took effect January 1, 2019.
Public Chapter 745 and Public Chapter 793
These public chapters work together to create and implement the “Fresh Start Act.” Licensing authorities are prohibited from denying an application or renewal for a license/certificate/registration due to a prior criminal conviction that does not directly relate to the applicable occupation. Lays out the requirements on the licensing authorities as well as the exceptions to the law (ex: rebuttable presumption regarding A and B level felonies).
These acts take effect July 1, 2018.
This chapter prevents any board, commission, committee, etc. created by statute from promulgating rules, issuing statements, or issuing intra-agency memoranda that infringe on an entity member’s freedom of speech.
Freedom of speech includes, but is not limited to, a member’s freedom to express an opinion concerning any matter relating to that governmental entity, excluding matters deemed to be confidential under TCA 10-7-504.
Violations as determined by a joint evaluation committee may result in recommendations to the general assembly concerning the entity’s sunset status, rulemaking authority and funding.
This act took effect April 18, 2018.
This act redefines policy and rule and requires each agency to submit a list of all policies, with certain exceptions, that have been adopted or changed in the previous year to the chairs of the government operations committees on July 1 of each year. The submission shall include a summary of the policy and the justification for adopting a policy instead of a rule.
This act also prohibits any policy or rule by any agency that infringes upon an agency member’s freedom of speech.
Finally, this act establishes that an agency’s appointing authority shall have the sole power to remove a member from a board, committee, etc.
This act takes effect July 1, 2018 and applies to policies adopted on or after that date.
This legislation requires the initial licensure fee for low-income persons to be waived. Low income individuals per the statute are defined as persons who are enrolled in a state or federal public assistance program including but not limited to TANF, Medicaid, and SNAP. All licensing authorities are required to promulgate rules to effectuate the purposes of this act.
This act takes effect January 1, 2019.
This act allows for appeals of contested case hearings to be in the chancery court nearest the residence of the person contesting the agency action or at that person’s discretion, in the chancery court nearest the place the action arose, or in the chancery court of Davidson County. Petitions seeking review must be filed within 60 days after entry of the agency’s final order.
This act takes effect July 1, 2018.
Public Chapter 154
This act allows the Commissioner of Health or his designee to have electronic access to medical records in order to facilitate investigations when responding to an immediate threat to public health. Today the Commissioner of Health or his designee already has this authority but must go to the facility to review the medical records.
Public Chapter 94
This act defines “abuse” and “neglect” for purposes of placing a person on the registry of persons who have abused, neglected, or misappropriated the property of vulnerable individuals specifically within the statutes that govern the Dept. of Health. It does not impact the definitions within the statutes that govern the Dept. of Intellectual and Developmental Disabilities nor the Dept. of Human Services. It also increases the time within which placement on the registry may be appealed from 30 to 60 days.
Public Chapter 502
This act allows the Joint Government Operations Committee (the legislative committee that reviews all rules) to stay a rule up to 75 days instead of 60 days. Present law authorizes the Joint Government Operations Committee to consider the following factors when reviewing rules: authority, clarity, consistency, justification, necessity and reference. This act adds arbitrariness and capriciousness as two new considerations.
Public Chapter 268
This act makes disclosures of protected healthcare information permissible in medical malpractice lawsuits.
Public Chapter 949
This act allows for initial licensure applications to be accepted online. Currently, renewing licenses is already available online. This also makes available to the public annual inspections of health care facilities and pharmacies, similar to how nursing home inspections are already available.