PC 19 HB182 / SB171

As enacted, enacts "The Ink of Hope Act"; requires tattoo operators and tattoo artists to complete up to one hour of training on recognizing and reporting signs of human trafficking.

PC 22 HB229 / SB52

 As enacted, extends the board of alcohol and drug abuse counselors to June 30, 2029. - Amends TCA Title 4, Chapter 29 and Title 68, Chapter 24. 

PC 23 HB233 / SB55

As enacted, extends the board of osteopathic examination to June 30, 2029. - Amends TCA Title 4, Chapter 29 and Title 63, Chapter 9. 

PC 24 HB234 / SB56

As enacted, extends the board of pharmacy to June 30, 2029. - Amends TCA Title 4, Chapter 29 and Title 63, Chapter 10. 

PC 25 HB235 / SB57

As enacted, extends the board of physical therapy to June 30, 2029. - Amends TCA Title 4, Chapter 29 and Title 63, Chapter 13. 

PC 28 HB247 / SB69

As enacted, extends the genetic advisory committee to June 30, 2029. - Amends TCA Title 4, Chapter 29 and Title 68, Chapter 5, Part 5. 

PC 29 HB257 / SB79

As enacted, extends the perinatal advisory committee to June 30, 2029. - Amends TCA Title 4, Chapter 29 and Title 68, Chapter 1, Part 8. 

PC 36 HB274 / SB96

As enacted, extends the Tennessee medical examiner advisory council to June 30, 2029. - Amends TCA Title 4, Chapter 29 and Title 38, Chapter 7, Part 2. 

PC 41 HB281 / SB106

As enacted, extends the traumatic brain injury advisory council to June 30, 2029. - Amends TCA Title 4, Chapter 29 and Title 68, Chapter 55. 

PC 42 HB404 / SB393

As enacted, extends the professional music therapy advisory committee of the board of examiners in psychology to June 30, 2027. - Amends TCA Title 4, Chapter 29 and Title 63, Chapter 11. 

PC 43 HB232 / SB54

As enacted, extends the board of occupational therapy to June 30, 2029. - Amends TCA Title 4, Chapter 29 and Title 63, Chapter 13. 

PC 45 HB192 / SB282

As enacted, enacts the "Individualized Investigational Treatment Act." Outlines a patient’s right to seek treatment with an individualized investigational treatment and that a healthcare provider is protected against disciplinary action taken by the licensing board based solely on the provider’s recommendation regarding access or treatment with an individualized investigational treatment - Amends TCA Title 53 and Title 63.  - Amends TCA Title 53 and Title 63.

*PC 46 HB111 / SB1283

As enacted, adds Hepatitis C to the list of serological tests run at the time of the first examination for pregnant women. Removes Hepatitis B and adds a second Syphilis screening for all pregnant women between the 28^th and 32^nd week of gestation. Also, adds a third Syphilis screening for all pregnant women at the time of delivery.

PC 48 HB227 / SB49

 As enacted, extends the advisory committee for children's special services to June 30, 2029. - Amends TCA Title 4, Chapter 29 and Title 68, Chapter 12. 

PC 50 HB255 / SB77

As enacted, extends the medical cannabis commission to June 30, 2029. - Amends TCA Title 4, Chapter 29 and Title 68, Chapter 7. 

PC 53 HB271 / SB93

As enacted, extends the Tennessee emergency medical services board to June 30, 2029. - Amends TCA Title 4, Chapter 29 and Title 68, Chapter 140, Part 3. 

PC 56 HB383 / SB 744

As enacted, directs the commissioner of health to, on or before July 1, 2025, add alpha-gal syndrome to the department of health's published list of reportable diseases and conditions, the occurrence of which must be reported to the department by a healthcare provider pursuant to existing administrative rule. - Amends TCA Title 4; Title 63 and Title 68. 

PC 59 HB186 / SB174

As enacted, requires the board of medical examiners to register an applicant as a registered surgical assistant if the applicant maintains current credentials as a surgical assistant issued by the American Board of Surgical Assistants and satisfies other necessary requirements; removes December 31, 2019, as the deadline by which an applicant for registration as a surgical assistant must register with the board in order to be registered on the basis of certain practical experience. - Amends TCA Title 63, Chapter 6. 

PC 65 HB584 / SB515

As enacted, extends by four years to June 30, 2029, the current 125-bed limitation on the number of new nursing home beds for which the health facilities commission may issue a certificate of need per fiscal year. - Amends TCA Section 68-11-1619. 

PC 68 HB693 / SB569

As enacted, makes certain changes to the practice of pharmacy, including removing the present prohibition on requiring a patient to pay an administrative fee for pharmacist-provided hormonal contraceptives when the patient is insured or covered and receives a pharmacy benefit that covers the cost of the hormonal contraceptives. - Amends TCA Title 53, Chapter 10; Title 56, Chapter 32 and Title 63, Chapter 10.

PC 69 HB1226 / SB669

As enacted, deletes all references to the world health organization; requires a pandemic to be declared by the federal centers for disease and prevention control, rather than the world health organization, with a subsequent declaration of a state of emergency by the governor for the governor to have exclusive jurisdiction to issue executive orders and directives related to the pandemic until the pandemic ceases to exist. - Amends TCA Title 7 and Title 68. 

PC 76 HB62 / SB224

As enacted, authorizes athletic trainers to use dry needling to carry out the practice of prevention, recognition, evaluation, management, disposition, treatment, or rehabilitation of athletic injuries; requires the board of athletic trainers to establish minimum competency requirements for an athletic trainer to demonstrate in order to practice dry needling. - Amends TCA Title 49 and Title 63

PC 79 HB102 / SB1267

As enacted, changes from 21 to 18 the age at which certain adoption records must be made available to certain adopted persons; makes various other changes regarding adoption records. - Amends TCA Title 36, Chapter 1, Part 1. 

PC 81 HB107 / SB1287

As enacted, removes the requirement that a parent or caretaker enter a personal responsibility plan that requires a child to attend school and receive immunizations and health checks; removes certain requirements for a parent or caretaker regarding personal responsibility plans; removes a 20 percent reduction in temporary assistance payments for failure to comply with certain personal responsibility plan requirements. - Amends TCA Title 71.

PC 94 HB321 / SB329

As enacted, requires each department, agency, office, commission, institution, or instrumentality of the executive branch to accept electronic transmissions; defines the meaning of electronic transmission as applicable to this state's code; removes the terms "fax" or "facsimile" in certain statutes and replaces the terms with electronic transmission.

PC 96 HB395 / SB318

As enacted, enacts the "Tennessee Genomic Security and End Organ Harvesting Act." - Amends TCA Title 56 and Title 68. 

PC 99 HB572 / SB575

As enacted, requires all hospitals and birthing centers to provide information on post-birth warning signs, including symptoms and resources, to a mother and, if possible, to the mother's caregiver or at least one of the mother's family members prior to discharge following a birth; requires the department to provide all hospitals and birthing centers with information on post-birth warning signs, including symptoms and resources, and to have the information available on the department's website. - Amends TCA Title 68.

PC 100 HB657 / SB619

As enacted, allows a healthcare provider to petition a relevant board after completing a peer assistance or treatment program contract to remove information from the public-facing licensure verification website regarding the adverse action and the order by the relevant board after five years from the completion date of that program or contract indicated in such order; authorizes the division of health related boards to promulgate rules to effectuate such petition process. - Amends TCA Title 4; Title 63 and Title 68. 

PC 108 HB1157 / SB1031

As enacted, enacts the "Restore Trust in Public Health Messaging Act." prohibits the Department of Health, the commissioner of the Department of Health,  any employee or agent of the Department or a local health department, and any member of the state executive branch from promoting, distributing or endorsing information that conflicts with or does not accurately reflect the federal Food and Drug Administration ("FDA") approved or FDA-authorized label for said drug product - Amends TCA Title 53 and Title 68. 

PC 116 HB155 / SB668

As enacted, removes the limitation that a death must have been anticipated for a registered nurse to make the actual determination and pronouncement of death if a deceased was a patient or resident at a nursing home, hospital, or assisted-care living facility. - Amends TCA Title 68

PC118 HB821 / SB707

As enacted, specifies that a prospective purchaser of tobacco, smoking hemp, vapor products, or smokeless nicotine products must produce proof of age prior to the sale being made; increases from 30 to 50 years the apparent age above which a seller is not required to demand presentation of proof of age. - Amends TCA Title 39, Chapter 17 and Title 43, Chapter 27. 

PC 125 HB1074 / SB1063

As enacted, removes the requirement that a provider notify a patient of communication between the provider and a health insurance entity or healthcare facility concerning additional information needed to process a prior authorization request for the patient; removes the requirement that an utilization review agent notify the enrollee and the provider or healthcare facility when additional information is needed from the enrollee, provider, or healthcare facility to make a determination on the request for prior authorization. - Amends TCA Title 56 and Title 63, Chapter 1. 

*PC 127 HB1311 / SB1284

As enacted, removes requirement that a license issued by a health related board be signed by members of the board prior to such issuance; authorizes the presiding officer to divide the board into panels to conduct contested case hearings or disciplinary matters; includes patient billing records as part of the medical and practice records that providers must make available for inspection upon the department's request; clarifies that identifying information of certain parties to a contested case hearing involving disciplinary charges filed against a provider must only be produced by the provider in response to a subpoena from a law enforcement agency.  - Amends TCA Title 4; Title 63 and Title 68

PC 128 HB113 / SB1290

As enacted, makes permanent the exclusion of narcotic testing equipment used to determine whether a controlled substance contains a synthetic opioid, unless the narcotic testing equipment is possessed for purposes of the commission of a drug offense, from the definition of drug paraphernalia; removes the July 1, 2025, repeal date for that exclusion. - Amends TCA Section 39-17-402. 

PC 139 HB363 / SB462

As enacted, designates the month of November as "Diabetes Awareness Month." - Amends TCA Title 15, Chapter 2, Part 1.

PC 144 HB498 / SB321

As enacted, creates the advisory task force on state reimbursement rates to make recommendations on annual adjustments to the reimbursement rates paid to agencies that perform healthcare functions and services, the purpose of which is to ensure such reimbursement rates are adequate. - Amends TCA Title 4; Title 62 and Title 63. 

PC 147 HB702 / SB267

As enacted, clarifies that an additional license for a collection station is not required, without regard to where specimens are transported, as long as the medical laboratory owner of the licensed medical laboratory retains ownership of the medical laboratory and oversight of the collection station. - Amends TCA Title 68, Chapter 29. 

PC 172 HB515 / SB680

As enacted, requires an LEA and public charter school that provides parents or guardians of K-12 students with information on immunizations, infectious diseases, medications, or other school health issues to include information about Type 1 and Type 2 diabetes published by the department of education; directs the department, in cooperation with the department of health, to publish and make available to LEAs and public charter schools for free on its website certain information about Type 1 and Type 2 diabetes. - Amends TCA Title 49 and Title 68. 

PC 196 HB843 / SB1198

As enacted, declares Perry County Community Hospital in Linden and Decatur County General Hospital in Parsons to be necessary providers for the purpose of critical access hospital designation eligibility in accordance with Section 1820 of the Social Security Act. - Amends TCA Title 68. 

PC 204 HB959 / SB789

As enacted, changes the term "temporary license" to "associate license" for a marriage and family therapist who has completed the academic coursework and training required for the license and who has successfully passed the examination required by the board; redefines an approved supervisor for marital therapy and counseling services to no longer include a board-approved marriage and family supervisor; redefines the exemptions to current law for professional counselors and marital and family therapists. - Amends TCA Title 33 and Title 63. 

PC 209 HB830 / SB299

As enacted, changes the qualifications for membership on the medical cannabis commission to include a patient caregiver and a subject matter expert with knowledge of how cannabis is cultivated, processed, shipped, distributed, or prescribed for medical use; specifies that the recommendations made by the commission to the general assembly may include policy recommendations. - Amends TCA Title 4 and Title 68, Chapter 7. 

PC 212 HB373 / SB497

As enacted, requires a tattoo artist's signature on this state's tattoo apprenticeship completion application to signify that the apprentice artist under the tattoo artist's training has met the necessary requirements to become licensed in this state; permits tattoo artists who have been licensed in this state for fewer than three years but licensed in another state for 10 years or more to train an apprentice artist. - Amends TCA Title 62 and Title 68. 

PC 213 HB510 / SB554

As enacted, enacts the "Tennessee Physician Workforce Information Act." Requires the Department of Health to contact qualified medical organizations in Tennessee and request information on challenges, opportunities, and solutions related to physician workforce sustainability, including burnout, policy needs, training, access to care, and national trends. Amends TCA Title 4; Title 49; Title 63 and Title 68. 

PC 217 HB990 / SB1004

As enacted, creates definitions for "inevitable abortion" and "serious risk of substantial and irreversible impairment of a major bodily function" providing more clarity to physicians in determining when a condition could qualify for an abortion to be performed that is not considered criminal - Amends TCA Title 4; Title 9; Title 29; Title 33; Title 37; Title 38; Title 39; Title 40; Title 53; Title 56; Title 62; Title 63; Title 68 and Title 71.

PC 222 HB203 / SB332

As enacted, requires the board of nursing to develop a survey to collect information regarding Nurse Practitioners including specialty, collaborating physician relationship, and practice site location. Creates an annual report of the aggregated, de-identified data collected from the survey. The report shall be submitted on or before December 31 to the chair of the health and welfare committee of the senate and the chair of the committee of the house of representatives with jurisdiction over health-related matters    Amends TCA Title 4; Title 8; Title 14; Title 29; Title 33; Title 37; Title 39; Title 53; Title 63; Title 68 and Title 71. 

PC 228 HB896 / SB880

As enacted, prohibits a state agency from disseminating, proposing, or finalizing any regulatory action for a substance, mixture, or chemical related to drinking water, water pollution control, hazardous substances, contaminated site remediation, air quality, or solid or hazardous waste handling unless the regulatory action is based upon the best available peer-reviewed scientific and technical information. Clarifies this does not apply to any rule of the department of agriculture, the department of health,  any rule required by federal law, or any rule that is the substantive equivalent to a federal regulation. - Amends TCA Title 4, Chapter 5. 

PC 232 HB466 / SB1385

As enacted, requires a medical laboratory supervisor to be readily available for consultations during all hours when tests are performed; prohibits a medical laboratory supervisor from being required to be on laboratory premises. - Amends TCA Title 68. 

PC 247 HB533 / SB449

As enacted, enacts the "Fertility Treatment and Contraceptive Protection Act." Outlines protections for fertility treatment and contraception - Amends TCA Title 63 and Title 68. 

PC 261 HB960 / SB849

As enacted, directs the department of health to collaborate with an organization in this state that is approved by the board of medical examiners and board of osteopathic examination, and the board of medical examiners, the board of examiners in psychology respectively and accredited as a sponsor of continuing education to create or identify a continuing education program for the purpose of providing healthcare professionals licensed pursuant to this chapter with information or training relative to maternal mental health.

PC 263 HB1141 / SB882

As enacted, adds that the governor's appointee for the health facilities commission who is a representative of the assisted-care living facility industry may be appointed from lists of qualified persons submitted by interested groups, including the Tennessee Center for Assisted Living. - Amends TCA Title 68. 

PC 266 HB1044 / SB955

As enacted, creates the "Medical Ethics Defense Act." Grants healthcare providers the legal right to decline to participate in or fund any healthcare procedure, treatment, or service that violates their conscience. - Amends TCA Title 63. 

PC 272 HB1349 / SB1146

As enacted, requires the medical examiner's office to ascertain and document current drug use, including psychotropic drugs, by a deceased individual who committed a mass shooting; directs the University of Tennessee's health science center to study drug interactions between the psychotropic drugs and any other drugs present in the deceased individual's system; requires the department of health to disclose the psychotropic drug use of the individual to the public upon request. - Amends TCA Title 38; Title 53; Title 63 and Title 68. 

PC 278 HB37 / SB428

As enacted, authorizes an insurer, for purposes of group insurance plans offered to state employees, to adopt or amend a state preferred drug list (PDL); requires the insurer to ensure that reimbursement is provided to a healthcare prescriber or hospital that provides a non-opioid treatment to a covered employee under the group insurance plan. - Amends TCA Title 8; Title 53; Title 56; Title 63; Title 68 and Title 71. 

PC 286 HB731 / SB908

As enacted, specifies that the Tennessee One Health Committee is a governing body under the open meetings act; requires meetings of the committee to be open to the public. - Amends TCA Title 4, Chapter 3, Part 5; Title 8, Chapter 44; Title 43, Chapter 1; Title 58; Title 68, Chapter 1 and Title 70.

PC 294 HB1237 / SB1235

As enacted, prohibits the exclusion of persons from membership on state regulatory and health-related boards on the basis of race, color, ethnicity, and national origin; prohibits such boards from establishing or operating under race-based policies pertaining to their composition; creates a private cause of action against a board and its officers, employees, and agents for such practices; removes requirement that appointing authorities strive to ensure certain boards and commissions are represented by members of racial minorities. - Amends TCA Title 4, Chapter 21; Title 9; Title 62; Title 63 and Title 68. 

PC 295 HB1239 / SB421

As enacted, authorizes certain prescribing physician assistants and nurse practitioners to prescribe buprenorphine products for the treatment of opioid use disorder when the physician assistant or nurse practitioner is employed by or contracts with a state correctional facility or county or municipal jail, and certain other conditions are met. - Amends TCA Title 33; Title 41; Title 53 and Title 63.

PC 304 HB164 / SB128

As enacted, allows chiropractic physicians to engage in the practice of animal chiropractic and apply to the board for a certification to perform animal chiropractic if they meet certain requirements. It also allows the performance of animal chiropractic by a licensed veterinarian.  - Amends TCA Title 4 and Title 63.

PC 317 HB1203 / SB359

As enacted, authorizes the board of medical examiners and board of osteopathic examination to issue a license subject to a private advocacy order which requires the applicant to participate in a peer assistance program approved by the board; designates private advocacy orders as confidential and not public records, as long as the provider does not fail to maintain participation in the peer assistance program and requires the initiation of disciplinary proceedings by the board. - Amends TCA Title 63. 

PC 324 HB968 / SB763

As enacted, requires the department of revenue to maintain a directory on its website that lists all vapor products certified as authorized to be sold in this state; levies a privilege tax of seven cents per milliliter of consumable material contained in a closed-system vapor product; levies a privilege tax at the rate of 10 percent of the wholesale cost price on vapor products.

PC 339 HB495 / SB606

As enacted, rewrites the fee limits for a party requesting a patient's medical record in either paper or electronic format from a provider or the provider's third-party release of information provider. - Amends TCA Title 63 and Title 68. 

PC 346 HB760 / SB817

As enacted, authorizes a healthcare practitioner to prescribe and a pharmacist to dispense a prescribed, bronchodilator rescue inhaler to an authorized entity to be administered to a person believed to be experiencing asthma symptoms or respiratory distress in an emergency situation, under a standing protocol from the healthcare practitioner; encourages schools in LEAs and public charter schools to keep bronchodilator rescue inhalers to be administered to students believed to be having asthma symptoms or in respiratory distress in an emergency situation. - Amends TCA Title 49; Title 53; Title 63 and Title 68. 

PC 347 HB826 / SB895

As enacted, outlines parental consent regarding medical treatment and video or voice recording of children on school property, as well as absences from school due to religious holidays- Amends TCA Title 33; Title 36; Title 37; Title 49; Title 63 and Title 68. 

PC 360 HB885 / SB212

As enacted, expands the requirement that state and local governing bodies make an agenda available to the public prior to regular public meetings of the body to include the governing bodies of certain nonprofit organizations, including nonprofit community organizations that receive federal funding, nonprofit organizations that receive community grant funds from this state or certain funding from local governments, nonprofit organizations created for the benefit of local governments, and nonprofit organizations that provide the metropolitan government of Nashville/Davidson County with certain utility services; requires, rather than permits, such governing bodies that maintain a website to post the agenda to the website. - Amends TCA Section 8-44-110

PC 361 HB318 / SB263

 As enacted, prohibits the enforcement and recognition of requirements or mandates issued by the World Health Organization, United Nations, or World Economic Forum in this state or its political subdivisions. - Amends TCA Title 4, Chapter 1, Part 4.

PC 386 HB1180 / SB1005

As enacted, allows petitioners to include all children in one adoption or termination of parental rights petition if the petitioners are seeking to adopt more than one child at the same time and the children are siblings who share at least one biological parent, unless the court issues a written order finding that it is in the best interest of the children that separate petitions be filed; specifies that the clerk of court shall charge only one filing fee for such a petition. - Amends TCA Title 18; Title 36 and Title 37. 

PC390 HB1355 / SB1052

As enacted, specifies that a biological father or alleged biological father who makes token financial support to or for the benefit of a child or the child's mother during the pregnancy or when the mother had physical custody of the child is not a putative father; makes various other changes regarding final orders of adoption. Adds to the list of persons a healthcare provider can get informed consent from before vaccinating a minor to include biological, legal, adoptive parent, potential adoptive parent or individual granted medical decision-making authority over a child under state law - Amends TCA Title 36 and Title 63.  

PC 392 HB1293 / SB1114

As enacted, deletes the automatic repeal on July 1, 2025, of a provision that authorizes records custodians to seek an injunction against a person who makes requests to view or copy public records with the intent to disrupt government operations. - Amends TCA Title 10, Chapter 7, Part 5.

PC 393 HB1356 / SB1116

As enacted, allows the Department of Children’s Services to access sealed adoption records for the purposes of kinship foster placement.  - Amends TCA Title 36 and Title 68

PC 397 HB1357 / SB1239

As enacted, Creates the Tennessee task force to end childhood hunger with the purpose of developing an action plan for ending childhood hunger. The task force shall recommend a strategic action plan to guide the administration and general assembly. - Amends TCA Title 36 and Title 37.

*PC 400 HB1310 / SB1282

 As enacted, deletes present laws pertaining to rented premises unfit for habitation and quick fast food establishment delivery vehicles; removes the statutorily set permit fees to operate food service establishments and requires such permit fees to be set by rule; makes other revisions to present laws pertaining to food service and safety. - Amends TCA Section 53-8-103; Title 68, Chapter 110; Title 68, Chapter 111; Title 68, Chapter 14 and Title 68, Chapter 15.

PC 404 HB1242 / SB1414

As enacted, expands provisions prohibiting discrimination against 340B entities that are covered entities participating in the federal 340B drug discount program under section 340B of the Public Health Service Act, 42 U.S.C. § 256b. - Amends TCA Title 47, Chapter 18 and Title 56

HJR120

Urges Department of Health to implement voluntary reporting system for Charcot-Marie-Tooth Disease cases. 

HB923 / SB1084

As enacted, enacts the "Dismantling DEI Departments Act." Prohibits a department, agency, or other unit of state government from use of a discriminatory preference in an effort to increase diversity, equity, or inclusion or establish or maintain an office, division, or department for such purposes. Sets exemptions for public health, medical research, or disease prevention programs   - Amends TCA Title 4; Title 5; Title 6; Title 7; Title 8 and Title 49, Chapter 7.

HB622 / SB1083F

As enacted, enacts the “Dismantle DEI Act,” which prohibits local governments and public institutions of higher education from basing hiring decisions on any metrics that consider an applicant’s race, color, religion, sex, national origin, age, or disability, or hiring a particular candidate to achieve any goals to increase diversity, equity, or inclusion in the workplace. – Amends TCA Title 5; Title 6; Title 7; Title 8 and Title 49. 

HB1330 / SB1316

As introduced, enacts the “Less is More Act of 2025.” – Amends TCA Title 4; Title 8; Title 20; Title 33; Title 38; Title 40; Title 52; Title 55; Title 62; Title 63; Title 68; Title 70 and Title 76.

HB132 / SB396

 As enacted, limits the duration of a state of emergency declared by the governor to 30 days; authorizes the general assembly to terminate, extend, or renew a state of emergency by joint resolution; establishes an ad hoc legislative council to extend a state of emergency during the interim between legislative sessions. – Amends TCA Section 58-2-107.

HB865 / SB644

As enacted, requires the board of nursing to change certain minimum curricula standards for schools of nursing related to program course access and enrollment; requires the board of nursing to permit practical nursing program students to sit for the national council licensure exam upon completion of the program, as long as the exam’s minimum age requirements are met. – Amends TCA Title 49 and Title 63. 

HB310/ SB289

As enacted, creates a presumption that the diagnosis of a law enforcement officer or emergency medical responder with post-traumatic stress disorder as the result of responding to certain incidents was incurred in the line of duty for purposes of workers’ compensation coverage. – Amends TCA Title 7, Chapter 51 and Title 50, Chapter 6.

HB869 / SB890

 As enacted, deletes the 72 hour pause on certain lab results, requiring labs to fully comply with federal information blocking requirements. Also outlines requirements for insurance entities to establish and maintain certain application programming interfaces as described in federal code for the benefit of insureds - Amends TCA Title 8; Title 47; Title 56; Title 63 and Title 68. 

HB1192 / SB871

As enacted, directs TACIR to conduct a study and prepare a report on recommendations on the continuum of care in this state and how the continuum of care can be improved; requires the study and report to survey the continuum of care in other states and compare such care to the continuum of care in this state; requires TACIR to submit the report on or before January 1, 2026, to each member of the general assembly and the legislative librarian; permits the report to be submitted electronically. – Amends TCA Title 4; Title 33; Title 63; Title 68 and Title 71. 

HB979 / SB764

 As enacted, establishes rules around which types of physicians can be employed by hospitals in different counties, with specific restrictions for specialties like radiologists, anesthesiologists, pathologists, and emergency physicians. It also defines conditions under which these physicians can be employed, including ensuring medical decision-making is not interfered with by the employing hospital. Establishes a licensing system for anesthesiologist assistants in Tennessee, setting requirements for education, certification, and supervision, and outlining their scope of practice under the direct oversight of a licensed anesthesiologist. - Amends TCA Title 47; Title 63 and Title 68. 

HB717 / SB654

 As enacted, enacts the "Caring for Caregivers Act," which requires the department to create and administer a three-year family caregiver grant pilot program to provide grants to caregivers of family members diagnosed with Alzheimer's disease or related dementia to offset expenditures incurred by the caregivers. - Amends TCA Title 9; Title 33; Title 52; Title 67 and Title 68. 

HB979 / SB476

As enacted, requires LEAs and public charter schools to prohibit food or beverage items that contain Red 40 to be sold, offered for sale, or provided to students on school property unless the food or beverage item is sold to the student as part of a school fundraising event. - Amends TCA Title 49

PC.557 S82074/HB1678

As enacted, transfers certain duties and authority regarding data reported by health facilities from the executive director of the health facilities commission to the department; requires licensed birthing centers to report claims data on discharges to the department at least quarterly; removes requirement that an owner of a hospital that closes must submit to the department a report of the statistical particulars relative to the hospital's patients for the fiscal year.

PC.561 S82075/HB1679

As enacted, generally prohibits a licensed dentist from allowing, under general supervision, more than three dental hygienists to work at any one time; authorizes a dentist to supervise, under direct supervision, no more than five dental hygienists while the dentist and each hygienist are providing dental services on a volunteer basis through a nonprofit provider of free mobile clinics; authorizes a dentist to supervise, under general supervision, no more than five dental hygienists if the dentist and dental hygienists work for the department of health, a county or metropolitan health department, or an entity that participates in the state safety net program for the uninsured.

PC.566 SB1595/HB1635

As enacted, prohibits emotional support animals that are not trained, or being trained, to perform tasks or work for a person with a disability from indoor areas of food service establishments.

PC.584 S81957/HB2079

As enacted, establishes a process for a licensed veterinarian to report suspected animal cruelty in violation of certain criminal laws and testify in a judicial or administrative proceeding concerning the care of the animal without being subject to criminal or civil liability.

PC.586 SB2628/HB2666

As enacted, establishes qualifications for a person to receive a professional counselor license through a reciprocal agreement that this state has entered into on or before January 1, 2024. The qualifications are as follows: Has a master's degree in counseling or education; (2) Has a valid, unencumbered license in the state with which this state has such reciprocal agreement; (3) Has actively practiced for at least the preceding twenty-four (24) months in the state with which this state has such reciprocal agreement; and

(4) Has passed the examination offered by the National Board for Certified Counselors (NBCC) or such other examination approved by the board.

PC.606 SB2276/HB2904

As enacted, clarifies that the executive directors of the board of pharmacy and the board of nursing are employees of the department of health, under the supervision and control of the division of health related boards.

PC.608 SB2581/HB2303

As enacted, requires only marriage license applicants under the age of 18 to provide the name and address of the applicant's parents, guardian, or next of kin

PC648SB2398/HB2371

As enacted, increases from 48 hours to two business days the time by which a physician in charge of a patient who dies or a medical examiner must determine the cause of death and complete and sign a medical certification of death.

PC.651 SB2590/HB2522

As enacted, authorizes the board of osteopathic examination to issue advisory private letter rulings upon request to affected licensees regarding matters within the board's primary jurisdiction; provides that such rulings only affect the licensee making the inquiry and have no precedential value for another inquiry or future contested case that might come before the board.

PC678SB1787/HB2327

As enacted, by May 31, 2025 and by each May 31 thereafter, requires the department of health to publish an annual report stating the total number of attempted suicides and completed suicides that have occurred in this state in the previous calendar year; requires the department to submit the report electronically to all members of the general assembly within seven calendar days of the publication.

PC.680 SB1843/HB2004

As enacted, requires the department to investigate reports of the number of diagnoses of cancer and Parkinson's disease based on data currently available to the department in Maury County and Lawrence County; requires the department to submit a report to legislative committees no later than July 1, 2025.

PC.700 SB2399/HB2296

As enacted, authorizes the board for professional counselors, marital and family therapists, and clinical pastoral therapists to enter into a reciprocal agreement with any other state that licenses marital and family therapists.

PC.703 SB2445/HB2254

As enacted, adds three persons to the state child fatality review team who are each state residents with a child under 18 (The Governor, Speaker of the House, and Speaker of the Senate each get one of the 3 appointments); requires the state child fatality review team to distribute the team's annual report to each local education agency and to the board of the Tennessee Chapter of the American Academy of Pediatrics.

PC.714 SB2810/HB2622

As enacted, allows the board of pharmacy to license ambulatory surgical treatment centers if certain criteria are met. An ambulatory surgical treatment center that applies to the board for licensure shall designate to the board either a pharmacist-in-charge, as defined in§ 63-10-204, or a medical director who is licensed as a physician under part 6 or part 9 of this title, as the person who has the authority and responsibility for compliance with laws and rules pertaining to the practice of pharmacy at the ambulatory surgical treatment center

PC.718 SB1588/HB1610

As enacted, increases from 500 to 650 the minimum number of curriculum hours that an applicant for licensure in massage must have completed at a board-approved institution for massage, bodywork, or somatic therapy in order to be eligible for licensure under the Massage Licensure Act of 1995.

***PC.736 SB0334/HB0468

As enacted, removes certain limitations placed on a person trying to meet the educational requirement for licensure as a polysomnographic technologist by presenting proof of successful completion of an accredited sleep technologist educational program (A-STEP) that is accredited by the American Academy of Sleep Medicine.

PC.741 SB1874/HB1853

As enacted, clarifies, for the purposes of regulation of health and related facilities, what constitutes home health services. Home health service does not include services that are: Provided by a person or entity that provides solely the services of a healthcare professional licensed under title 63, chapter 13 or 17; (b) Provided solely on an outpatient basis; (c) Provided to individuals who are not certified by a physician as meeting the definition of homebound, as defined in Sections 1835(a) and 1814(a) of the Social Security Act (42 U.S.C. §§ 1395f and 1395n); and ( cl) Not reimbursed under Medicare part A; and

(ii) This subdivision (25)(K) does not exclude a therapist or entity from the requirements of this section relative to professional support services; and "Home health service" does not include physical, occupational, or speech therapy services provided by a person or entity that provides solely the services of a healthcare professional licensed under title 63, chapter 13 or 17, when provided in the room or residence of an assisted-care living facility resident

PC.749 SB2362/HB2122

As enacted, requires the department to collaborate with a Tennessee organization approved by the Board of Medical Examiners for the creation of a continuing education program for the purpose of providing healthcare professionals with information and training relative to public and office safety.

PC.756 SB1993/HB2289

As enacted, authorizes a medication aid to administer oral or topical medications prescribed with a nursing designation authorizing or requiring administration on an as-needed basis, regardless of whether a nursing assessment of the patient has been completed by a licensed nurse before administration; removes the prohibition against a medication aide administering medications delivered by aerosol/nebulizers or metered hand-held inhalers without spacers.

PC.759 SB2549/HB2537

As enacted, requires former and current district attorneys general, to solemnize the rite of matrimony, to opt in by filing notice of intention to solemnize the rite of matrimony with the office of vital records.

PC.761 SB2482/HB2773

As enacted, enacts the "Cassie Wright Act," which makes changes to law relative to a parent, legal guardian, or legal custodian having access to certain medical information of their unemancipated minor. Requires a health care professional who reports a threat of bodily harm or threat of committing suicide, by a service recipient who is an unemancipated minor, to law enforcement must also report to the unemancipated minors parent, legal guardian, or legal custodian. Requires access to an unemancipated minors prescription records unless the provider is required to report abuse or access to this information is reasonably likely to endanger the life or physical safety of the minor.

PC.767 SB1657/HB1846

As enacted, requires the department to submit an annual report to the governor stating the total number of firearm injuries and deaths caused by firearms in this state per 100,000 people that have occurred in the previous calendar year.

PC.768 SB1791/HB1973

As enacted, requires the department, when screening for a condition is not implemented within 36 months of being added to the Recommended Uniform Screening Panel, to provide a report on the status and the reason for delay to the health and welfare committee of the senate, the health committee of the house, the genetics advisory committee ofthe department, and the Tennessee rare disease advisory council.

PC.783 SB1673/HB1625

As enacted, requires a qualified mental health professional or behavior analyst to warn or protect an identified victim or group of people when the professional or analyst determines that a service recipient has communicated an intent for actual threat of bodily harm; requires the professional or behavior analyst to report such threat; provides immunity from civil, criminal, and regulatory liability for a professional or analyst who takes reasonable action to warn or protect identified victims or groups and to report such threat.

PC.806 SB1917/HB2041

As enacted, prohibits marriage between first cousins.

PC.808 SB2019/HB2060

As enacted, increases from 50 to 100 the number of patients to whom a licensed nurse practitioner or physician assistant who is authorized to prescribe Schedule II or Ill drugs may prescribe buprenorphine products; increases from four (4) to five(S) the maximum number of licensed nurse practitioners or physician assistants who prescribe buprenorphine products that a physician may supervise or collaborate with at one time; makes other changes relative to the use of buprenorphine products.( FQHC's Community mental health centers, non-residental substitution based treatment center for opiate addiction)

PC.824 SB0869/HB0282

As enacted, authorizes as part ofthe practice of pharmacy the prescribing of dietary fluoride supplements, certain immunization agents upon, opioid antagonists, Post-exposure prophylaxis for nonoccupational exposure to HIV infection, and the ordering of lab tests in conjunction with initiation of therapy; Epinephrine auto-injectors for patients with a documented history of allergies or anaphylactic reactions; Progesterone-only hormonal contraceptives.

PC.831 SB1766/HB1882

As enacted, requires a healthcare provider to provide to a patient or the patient's authorized representative a full copy of the patient's medical records within 10 working days of receipt of a written request by the patient or representative, instead of providing a full copy or a summary of the records; requires a healthcare provider to provide to a principal or an attorney in fact acting pursuant to a durable power of attorney for health care a full copy of the principal's medical records within 10 working days of receipt of a written request by the principal or attorney in fact, instead of providing a full copy or a summary of the records.

PC.834 SB1832/HB2226

As enacted changes requirements for members appointment to the Maternal mortality Review Committee. The requirements for members who are from community-based organizations are as follows:

1 member from the middle grand division of this state

1 member from the eastern grand division of this state.

2 members from the western grand division of this state, including: 1 member from a municipality with a population of not less than 633,100 and not more 633,200 and 1 member from a municipality with a population of not less 68,200 and not more than 68,210 according to the 2020 federal census or a subsequent federal census

PC.838 SB1930/HB2222

As enacted, requires the department of health shall conduct a review and issue a report to the general assembly on variants of the apolipoprotein L 1 (APOL 1) gene associated with increased risk of end-stage renal disease. The report must include: Recommendations on how to increase awareness for APOL 1, including screening and genetic testing. An analysis of strategies and funding to increase screening and genetic testing for APOL 1 in this state. Other relevant information or issues identified by the department.

PC.840 SB1945/HB2174

As enacted, redefines "food service establishment" to exclude an establishment whose primary business is other than food service, that incidentally makes casual, occasional food sales for two days or less while an organized temporary event is being conducted less than one-quarter mile from the establishment, for the purposes of exempting such establishments from regulation by the department of health and local governments.

PC.856 SB2296/HB2248

As enacted, authorizes the department to contract with a 501(c)(3) nonprofit organization that maintains a principal office in this state and that is affiliated with a nonprofit membership organization composed of family physicians, family medicine residents, and medical students in this state for the nonprofit organization to administer some or all portions of the family medicine student loan repayment program.

PC.857 S82297/HB2308

As enacted, changes certain requirements for healthcare providers who are not physicians to qualify to prescribe a buprenorphine product for the treatment of opioid use disorder, recovery, or medication­ assisted treatment.( PAs and APRNs who practice in certain setting, have certain specialties, and practices under a collaborative agreement with a physician)(Vanderbilt)

PC.891 SB2300/HB2378

As enacted changes the number of credit hours for practical nursing programs to 1,296 clock hours or an equivalent number of credit hours.

PC.893 SB1720/HB2451

As enacted, requires certain information to be included in a healthcare practitioner advertisement. A practitioner may only advertise the profession, title, or designation associated with the educational degree of the practitioner.

PC.906 SB2020/HB1695

As enacted, specifies that reports of county medical examiners and autopsy reports of victims who are minors and who's manner of death is listed as homicide are not public documents; allows a parent or legal guardian of a minor who's death is listed as homicide to the release of the report of the county medical examiner or autopsy report of the minor victim if the parent or legal guardian is not a suspect in the circumstances ofthe minor's death.

PC.921 SB2850/HB2900

As enacted, requires verification of U.S. citizenship or lawful presence for applicants of professional licenses. Outlines that BME shall grant a full and unrestricted license to temporary licensee who is in good standing 2 years after the date ofthe initial temporary licensure.

PC.924 SB0734/HB0628

As enacted, allows the Licensing Board to enter into an executive session for the discussion or deliberation of health conditions of a licensee or prospective licensee, including mental health conditions, career fatigue, substance use disorders, revealed during an application process.

The proceedings of the executive session, minutes and recordings of such executive session, portions of an application involving an applicant's health condition, and records involving an applicant's health condition are confidential, privileged, and not public records subject to inspection by citizens of this state. The board may not vote during an executive session. An applicant or licensee may access records of the applicant's or licensee's own application and related proceedings, as may the applicant's or licensee's authorized representative or attorney, or an attorney for this state

An attorney for the state may be present for the entirety of the 3 proceeding and may advocate on behalf ofthe department as is reasonably necessary during such proceeding, including the executive session. (c) At the discretion of an applicant for a license, an authorized representative or attorney for the applicant for a license before a board established pursuant to this title or title 68, may be present for the entirety of any proceeding, including an executive session, and may advocate on behalf of the applicant as is reasonably necessary during such proceeding or executive session.

PC.929 SB1936/HB2366

As enacted, changes the application requirements for international medical school graduates applying for special licenses of limited duration after meeting certain criteria. Grants a temporary license to international medical graduates with one-year postgraduate training in the U.S. Outlines the path for foreign training and temporary licensees to obtain full, unrestricted medical practice licenses in Tennessee.

PC.935 SB2139/HB2358

As enacted, provides the board of Pharmacy the authority to register any mechanical or electronic systems that operate solely on the premises of a hematology or oncology clinic in this state and that perform the storage, control, and dispensing of commercially-available drug products pursuant to a valid patient-specific prescription, as part ofthe operations of a licensed pharmacy. The pharmacy responsible for the operations ofthe mechanical or electronic system shall maintain the collection, control, and maintenance of all transaction information and the security, control, and accountability for such commercially-available drug products.

PC.944 SB2588/HB2097

As enacted, requires state regulatory boards within the department of commerce and insurance and state health related boards within the department of health to issue advisory opinions upon request.

PC.945 SB2632/HB2645

As enacted, makes various changes to the present law relative to birth certificates. This includes certain reporting requirements for clerks or attorneys to the division of vital records for the preparation of a new certificate of birth by adoption. Outlines the methods for amending birth certificates to establish parentage, including acknowledgment forms, marriage certificates, and court orders. Also outlines the preparation of new certificates of birth by adoption, the sealing of original birth certificates, and the issuance of reports of foreign birth for adoptees not born in the U.S.

PC.980 SB2246/HB2093

As enacted, authorizes a healthcare provider licensed as a nurse or physician assistant to prescribe a buprenorphine product as approved by the FDA for use in recovery or medication-assisted treatment if certain criteria are met. The act sets limits on the number of patients to whom a provider can prescribe buprenorphine products-100 patients generally, and 250 patients if the provider practices in a nonresidential office-based opiate treatment facility accredited by bodies like CARF or the Joint Commission. It also caps the number of providers a physician can supervise at one time-two providers generally, and five providers in a nonresidential office-based opiate treatment facility, with a maximum of 500 patients under treatment at any one time.(OBOTs)

PC.996 SB2633/HB2644

As enacted, makes various changes to present law on adoption and foster parents including conditions under which parental rights may be terminated, including new grounds for termination and procedures for surrendering parental rights. Definitions and rights of putative fathers are clarified, including criteria for claiming paternity and the process for acknowledging paternity in adoption cases. details procedural changes in adoption, including expenses related to adoption, consent requirements, and expedited proceedings for contested cases.

PC.999 SB1771/HB2808

As enacted, makes the state liable and responsible for paying the expenses for HIV medication for inmates committed to a county jail or workhouse who previously received prescription medication to treat HIV or AIDS through a state department, agency, or program, including TennCare. Allows inmates who were being treated under the Ryan White program prior to incarceration to either be brought to the treating physician to continue treatment or continue treatment via telemedicine.

PC.1010 SB0898/HB0521

As enacted, creates the professional music therapist advisory committee ofthe board of examiners in psychology to regulate the practice of music therapy.

PC.1018 SB1727/HB1862

As enacted, enacts the Physician Assistant (PA) Licensure Compact.

PC.1025 SB1862/HB1863

As enacted, enacts the "Dietitian Licensure Compact."

PC.1027 SB1881/HB2857

As enacted, removes from the definition of "provider-based telemedicine" the requirement that the healthcare service provider or the provider's practice group or healthcare system have an established provider-patient relationship that is documented by an in-person encounter within 16 months prior to the interactive visit.

PC.1030 SB1963/HB2176

As enacted, permits a court to award the reasonable court costs and attorney's fees to a petitioner successfully proving that a governing body knowingly and willfully violated the public meetings laws in this state.

PC.1032 SB1971/HB1895

As enacted, creates the criminal offense of abortion trafficking of a minor; provides for a civil action against a person committing the offense of abortion trafficking of a minor for the wrongful death of an unborn child that was aborted.

PC.1035 SB2004/HB2328

As enacted, prohibits a licensed professional counselor, licensed marital and family therapist, or licensed clinical pastoral therapist from receiving compensation for services rendered in a free health clinic, including, but not limited to, reimbursement from an individual or from any third party payor.

PC.1041 SB2134/HB2405

As enacted, enacts the Social Work Licensure Compact.

PC.1042 SB2136/HB2318

As enacted, outlines the definitions, roles, and collaborative agreements for physician assistants, including their scope of practice and prescriptive authority. Details the protocol requirements for physician assistants, including chart reviews and remote site visits. Changes existing laws concerning the signing of death certificates and genetic counseling referrals. Also creates a task for composed of three

(3) PAs and three (3) MDs to collaborate and determine what the enhanced PA License will entail and how it operates.

PC.1043 SB2151/HB2861

As enacted, clarifies that a healthcare practitioner shall not coerce a person, including a person who has legal authority to make healthcare decisions for a child, to consent to a vaccination; Mislead or misrepresent that a vaccination is required by state law, when state law provides an exemption; or (3) Mislead or misrepresent that a newborn screening test is required by state law, when state law does not require such screening without providing an exemption to such requirement.

PC.1046 SB2230/HB2545

As enacted, defines "hospital-based laboratory" and "hospital-based laboratory supervisor" for purposes of the Tennessee Medical Laboratory Act; provides hospital-based laboratory supervisors the authority to supervise up to four hospital-based laboratories located in rural counties; makes certain other changes relative to hospital-based laboratories.

PC.1061 SB2749/HB2936

As enacted, enacts the "Families' Rights and Responsibilities Act." This act outlines that parental consent must be given to a healthcare provider to render certain treatment or services unless under certain circumstances such as emergency medical or surgical treatment or if blanket consent has been given.

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. 2—SB3/HB9—Johnson/Todd

This law creates a Class A misdemeanor offense for a person to perform adult cabaret entertainment on public property or in a location where the adult cabaret entertainment could be viewed by a person who is not an adult. Subsequent offenses are Class E felonies. This bill was effective on April 1, 2023.

Public Chapter No. 36—SB23/HB17—Massey/Faison

This law designates the month of May as “Silver Alert Awareness Month.” This bill was effective on March 14, 2023.

Public Chapter No. 41—SB256/HB75—Johnson/Lamberth

This law allows law enforcement or the district attorney general’s office to extend criminal immunity from being arrested, charged, or prosecuted to persons who are experiencing a subsequent drug overdose. This bill takes effect on July 1, 2023. This was a Department of Mental Health and Substance Abuse’s legislative initiative.

Public Chapter No. 42—SB266/HB314—Johnson/Lamberth

This law makes changes regarding assignment of benefits to a healthcare provider and the collection of out-of-network charges by healthcare facilities, by removing existing notification requirements and duplicative language within code to adhere to the federal No Surprises Act. This law was effective on March 14, 2023. This was a Department of Commerce and Insurance legislative initiative.

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. 91—SB454/HB609—Watson/Hawk

This law authorizes family leave insurance to be written as an amendment or rider to a group disability income policy or life insurance policy, included in a group disability income police or life insurance policy or a separate group policy purchased by an employer. Under this law, family leave insurance means an insurance policy issued to an employer related to a benefit program provided to an employee to pay for a percentage or portion of the employee’s income loss due to the birth or adoption of a child by the employee, placement of a child with the employee for foster care, care of a family member of the employee who has a serious health condition, or status of family member of the employee who is a service member on active duty or has been notified of impending duty. This law will be effective on January 1, 2024.

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.157—SB86HB734—Walley/Rudd

This law clarifies that a person requesting public records is not entitled to special or expedited access to those records based on their occupation or association with a profession. 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 No. 188—SB277/HB325—Johnson/Lamberth

This law extends legislation enacted in 2018 to preserve opioid prescription limitations for acute care. In addition, this law exempts individuals who had recent cancer treatment from this prescription limitation. “Recent cancer treatment” is defined as six months following the end of an active cancer treatment. This law creates an exception for informed consent where a healthcare practitioner who issued the initial prescription does not have to obtain and document informed consent, if the subsequent prescription is for the same opioid and for the same episode of treatment. Outside of this exception, informed consent must be updated periodically. This law also requires the Commissioner of the Department of Health to provide a letter, in consultation with the health-related boards, no to certain elected officials that includes information on the impact and the effects of this legislation in each even-numbered year. This law was effective on April 24, 2023. This law was a Department of Health legislative initiative.

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. 216—SB276/HB324—Johnson/Lamberth

This law makes various changes to current law pertaining to leave for state employees. Among other things, this law allows an eligible employee to be granted absence from work with pay for a period of time equal to six workweeks because of the birth of the employee’s child or because of the placement of a child with the employee for adoption. This law is effective on July 1, 2023, and applies to eligible employees who qualify for leave on or after July 1, 2023. This was one of Governor Lee’s legislative initiatives.

Public Chapter No. 252—SB221/HB273—Roberts/Terry

This law requires the division of health-related boards to consult with the Board of Medical Examiners in the hiring of a medical consultant. This law also gives the medical consultant authority to consult on various issues and to work with the board’s attorney on certain portions of the complaint and settlement process. Additionally, the division must provide biannual surveys to the Board for its feedback and review of the consultant. This law authorizes the Board to promulgate rules to effectuate this process. This law was effective on April 28, 2023.

Public Chapter No. 265—SB669/HB0981—Reeves/Faison

This law vacates and reconstitutes the Tennessee Emergency Medical Services Board, as of July 1, 2023. This law staggers the initial terms of appointment so that a portion of new members must be appointed in each year for the next four years. Members serving on the Board as of June 30, 2023, may be reappointed to the new Board. After the initial round of appointments, the terms of appointment expand to four years. Additionally, this law also makes various changes to the qualifications for candidates being considered as an appointment for the Board. For purposes of promulgating rules and carrying out administrative duties, this law was effective on April 28, 2023. For all other purposes, this law takes effect on June 30, 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. 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 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. 325—SB1191/HB1388—Bailey/Ragan

This law terminates the Radiologic Imaging and Radiation Therapy Board of Examiners with no wind down period. This law authorizes the Board of Medical Examiners to establish and issue limited and full X-ray certifications. This law was effective on April 28, 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 No. 379—SB0365/HB0355—Massey/Alexander

This law requires that a health benefit plan that provides coverage for a screening mammogram must provide coverage for diagnostic imaging and supplemental breast screening without imposing a cost-sharing requirement on the patient. This law is effective 90 days after May 11, 2023.

Public Chapter No. 399—SB1458/HB0983—White/Sexton

This law requires local education agencies (LEAs) to provide licensed employees of the LEA 6 paid workweeks after a birth or stillbirth of the employee's child or employee's adoption of a newly placed minor child. This law is effective May 11, 2023, and applies to leave taken on or after that date.

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. 443—SB296/HB779—Gardenhire/Helton-Haynes

This law requires the Board of Medical Examiners, the Board of Osteopathic Examination, the Board of Nursing, the Board of Physician Assistants, and the Alcohol and Drug Abuse Counselors Board to, upon the receipt of 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, render a decision on the application or inform the applicant of the need to appear before the board within 45 days from the date the board receives the application. This law requires the Board of Athletic Trainers to, upon the receipt of 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, render a decision on the application or inform the applicant of the need to appear before the board within 60 days from the date the board receives the application. "Completed application" means an application that satisfies all statutory and board rule requirements. This law takes effect May 17, 2023.

Public Chapter No. 446—SB361/HB942—Massey/Alexander

This law creates the dentist and dental hygienist compact. The compact details licensure requirements and other provisions related to the practice of dentists and dental hygienists who participate in the compact. While this law has been enacted in Tennessee, it will not take effect until the date the seventh compact state enacts the same legislation. This legislation has been enacted in three states as of the date of this publication: Tennessee, Washington, and Iowa. Four states have this legislation: Texas, Kansas, Minnesota, and Ohio.

Public Chapter No. 457—SB753/HB1317—Haile/Kumar

This law changes the composition and number of members of the Board of Pharmacy by adding two members to the Board and adding a residency requirement of no less than five years for pharmacist members of the board. This law authorizes the Board of Pharmacy to issue advisory opinions. This law also specifies that the current board members must serve on July 1, 2023, through the end of the members’ existing terms. This law was effective May 17, 2023.

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.

Legislative Activity of Note

• Legislative and Congressional redistricting.
• “Truth in Sentencing” Act to make mandatory sentences for certain criminal offenses.
• “Tennessee Investment in Student Achievement (TISA) Act” to reform 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 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 726—SB1719/HB1800—Roberts/Ragan

Re Board Extension. This public chapter extends the Polysomnography Professional Standards Committee to June 30, 2027.

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 769—SB568/HB702—Johnson/Lamberth

Re Anatomical Gifts. This public chapter prohibits a healthcare provider, a hospital, an ambulatory surgical treatment center, a home care organization or any other entity responsible for matching anatomical gifts or organ donors to potential recipients from, solely on the basis of whether an individual has received or will receive a Covid-19 vaccine, (1) consider an individual ineligible for transplant or receipt of an anatomical gift, (2) deny medical or other services related to transplantation, (3) refuse to refer an individual to a transplant center or specialist, (4) refuse to place an individual on an organ or tissue waiting list, or (5) place an individual at a position on an organ or tissue waiting list lower than the position the person at which the individual would have been placed if not for the individual’s vaccine status.

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 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 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. **

Public Chapter 37

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.

Public Chapter 153

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.

Public Chapter 179

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.

Public Chapter 242

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 (5^th) 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 28^th, 2021 and will sunset July 1, 2025.

Public Chapter 291

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.

Public Chapter 325

This act extends the Polysomnography Standards Committee to June 30, 2022.

This act took effect May 4, 2021.

Public Chapter 328

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.

Public Chapter 453

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.

Public Chapter 531

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.

Public Chapter 532

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**

Legislative Update 2019: Polysomnography Committee

Public Chapter 61

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. 

Public Chapter 195

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. 

Public Chapter 229

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. 

Public Chapter 243

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

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. 

Public Chapter 447

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. 

Polysomnography Committee Legislative Update - 2018

Public Chapter 611

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.

Public Chapter 744

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.

Public Chapter 754

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.

Public Chapter 929

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.

Public Chapter 954

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.

Public Chapter 1021

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.

Tennessee Committee on Polysomnography  Legislative Update - 2017

Public Chapter 350

This will allow healthcare providers to satisfy one hour of continuing education requirements through the performance of one hour of voluntary provision of healthcare services.  The maximum amount of annual hours of continuing education that a provider can receive through providing volunteer healthcare services is the lesser of 8 hours or 20% of the provider’s annual continuing education requirement.  The legislations allows for rulemaking by the division of health related boards in order to administer this section.  This took effect on May 12, 2017.

Public Chapter 215

This will require state governmental entities that establish or adopt guides to practice to do so through the promulgation of rules, rather than policy.  The rules so promulgated must specify all provisions included in and relating to the guide to practice.  Any changes to guides to practice made after the guides are adopted must also be promulgated by rule in order to be effective.   For purposes of this part, guides to practice includes codes of ethics and other quality standards, but does not include tests, examinations, building codes, safety codes, or drug standards.  This legislation took effect on April 28, 2017.

Public Chapter 240

This legislation was brought by the Department of Health and was designed to address a number of issues throughout all licensing boards, committees, and councils.  This legislation will:

•      Insure the integrity of licensure examinations by making examination questions, answer sheets, scoring keys, and other examination data confidential and closed to public inspection.

•      Allow the issuance of limited licenses to applicants who have been out of clinical practice or inactive, or who are engaged in administrative practice.  Limited licenses may be of restricted scope, restricted duration, and have additional conditions placed upon them in order to obtain full licensure.

•      Clarify that other documents prepared by or on behalf of the Department with regard to an investigation are confidential until such time as formal disciplinary charges are filed against the provider.

•      Eliminate the “locality rule” for administrative law.

•      Require the chief administrative official for each health care facility to report within 60 days any disciplinary action taken against an employee for matters related to ethics, incompetence or negligence, moral turpitude, or substance abuse, to the employee’s respective licensing board.  All records pertaining to the disciplinary action shall be made available for examination to the licensing board.

This act became effective on May 2, 2017.

Public Chapter 481

This legislation creates a new violation of a healthcare practitioner’s practice act if that practitioner refuses to submit to or tests positive for any drug the practitioner does not have a lawful prescription for or a valid medical reason for using the drug.  It is the duty of the employer to report any violation to the Department of Health.  If the practitioner fails a drug test, the practitioner has 3 business days to either produce the requisite prescription or medical reason, or report to their board approved peer assistance program.  If the practitioner does not comply with any of these measures, it is the duty of the employer to report this violation of the practice act to the employee’s licensing board for investigation and action.  If the practitioner reports to the peer assistance program and obtains and maintains advocacy of the program, the employer is not required to notify the board.  

As long as a practitioner obtains, maintains and complies with the terms of a peer assistance program, the board shall not take action on the licensee for the sole reason of a failed or refused drug test.  If a practitioner fails to obtain or maintain advocacy from the peer assistance program, the program is required to report that information to the appropriate licensing board.  The board SHALL suspend the license of a practitioner who fails to comply with the terms of the program.  Employer drug testing must be compliant with the Drug-free Workplace requirements.  This legislation allows a quality improvement committee to share information regarding substance abuse by a practitioner with other quality improvement committees.  Additionally, this legislation specifies that the Department of Health is not required to obtain prior approval from the Attorney General in order to take any emergency action on a licensee. This legislation took effect on July 1, 2017.

Public Chapter 230

This legislation authorizes commissioners or supervising officials of departments to evaluate certain actions by a regulatory board to determine whether the action may constitute a potentially unreasonable restraint of trade.  Supervising officials must ensure that the actions of regulatory boards that displace competition are consistent with a clearly articulated state policy.  If a board action constitutes a potentially unreasonable restraint of free trade, the supervising official must conduct a further review of the action and either approve, remand or veto the action.  The supervising official may not be licensed by, participate in, or have a financial interest in the occupation, business or trade regulated by the board who is subject to further review, nor be a voting or ex officio member of the board.  The supervising official must provide written notice of any vetoed actions to the senate and house government operations committees.  

Prior to filing a regulatory board's rule with the secretary of state, the commissioner or chief executive officer of the administrative department under which a regulatory board operates or to which a regulatory board is administratively attached, or a designee to the extent a conflict of interest may exist with respect to the commissioner or chief executive officer, must remand a rule that may constitute a potentially unreasonable restraint of trade to the regulatory board for additional information, further proceedings, or modification, if the rule is not consistent with a clearly articulated state policy or law established by the general assembly with respect to the regulatory board.  This act took effect on April 24, 2017.