Board of Athletic Trainers

PC.557 SB2074/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 SB2075/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 SB1957/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

PC648 SB2398/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.

PC678 SB1787/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 of the 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 III drugs may prescribe buprenorphine products; increases from four (4) to five(5) 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’sCommunity mental health centers, non-residental substitution based treatment center for opiate addiction)

PC.824 SB0869/HB0282

As enacted, authorizes as part of the 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 SB2297/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 of the 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 of the 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 of the 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 of the operations of a licensed pharmacy. The pharmacy responsible for the operations of the 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 of the 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.

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.

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 legislation 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.

Public Chapter 325

This legislation creates the “Sudden Cardiac Arrest Prevention Act” for the purpose of informing and educating coaches, school administrators, youth athletes, and their parents or guardians of the nature, risk, and symptoms of sudden cardiac arrest (SCA). Requires the governing authority of each public and nonpublic middle, junior, and high school to, through guidance provided by the Department of Health (DOH), adopt guidelines and forms to inform and educate coaches, school administrators, youth athletes, and their parents or guardians of the nature, risk, and symptoms of SCA, including the risk of continuing to play or practice upon experiencing specific symptoms related to SCA.

The bill also requires any athlete, coach, parent, guardian, athletic director and as applicable, a licensed health care professional or lead administrator to sign a SCA information sheet. DOH must maintain all signed SCA information sheets and documentation related to completion of an SCA education course for a period of three years. Establishes a policy requiring the removal of any youth athlete, who passes out or faints while participating in a youth activity, or displays related symptoms of SCA and further prohibits such athlete from returning to the athletic activity until the athlete is evaluated by a health care provider and receives written clearance from such provider to return to the athletic activity. A licensed health care professional, as available, may monitor the athlete’s return to an athletic activity and must provide updates to the appropriate health care provider on the progress of the athlete.

No licensed health care professional, acting in good faith, shall be liable for any act or omission while engaged in the monitoring of such athlete. The respective local education agency (LEA), in consultation with the head of a school youth athletic activity, is authorized to establish the following activities for a coach who ignores an athlete’s SCA symptoms or allows an athlete to return to practice or competition without written clearance from a health care provider:

· For a first violation, the coach shall be suspended from coaching any community-based youth athletic activity for the remainder of the season.

· For a second violation, the coach shall be suspended from coaching any community-based youth activity for the remainder of the season and next season.

· For a third violation, permanent suspension from coaching any community-based youth athletic activity.

This legislation goes into effect on January 1, 2016.

Public Chapter 154 

This act allows the Commissioner of Health or his designee to have electronic access to medical records in order to facilitate investigations when responding to an immediate threat to public health. Today the Commissioner of Health or his designee already has this authority but must go to the facility to review the medical records.

Public Chapter 94 

This act defines “abuse” and “neglect” for purposes of placing a person on the registry of persons who have abused, neglected, or misappropriated the property of vulnerable individuals specifically within the statutes that govern the Dept. of Health. It does not impact the definitions within the statutes that govern the Dept. of Intellectual and Developmental Disabilities nor the Dept. of Human Services. It also increases the time within which placement on the registry may be appealed from 30 to 60 days.

Public Chapter 502 

This act allows the Joint Government Operations Committee (the legislative committee that reviews all rules) to stay a rule up to 75 days instead of 60 days. Present law authorizes the Joint Government Operations Committee to consider the following factors when reviewing rules: authority, clarity, consistency, justification, necessity and reference. This act adds arbitrariness and capriciousness as two new considerations.