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Board of Medical Examiners

Legislative Updates


Legislative Updates:Current through July 1, 2011

If you wish to review any of the following Public Chapters in their entirety, please visit:  http://www.tennessee.gov/sos/acts/index.htm.

Board Specific Updates

Public Chapter 67- Removes the “Tennessee Peer Review Law of 1967” formerly codified in T.C.A. §63-6-219 and creates the “Tennessee Patient Safety and Quality Improvement Act of 2011” codified in T.C.A. §68-11-272 (relative to licensed health care facilities).  The new law provides that any healthcare organization, including, but not limited to a licensed health care facility as defined in T.C.A. §68-11-201(18); an entity owning a hospital or healthcare facility; an entity that contracts with a healthcare organization to perform quality improvement committee functions; an entity that maintains a patient safety evaluation system; or a professional assistance program that maintains a quality improvement committee shall have the records, testimony and statements relating to the committee protected from discovery, subpoena, or admission into evidence.  The new law also provides that the healthcare organization’s officers, director, trustee, healthcare providers, administrative staff, employee or other committee members or attendees shall not be held liable in any action for damages or relief arising from the provision of information provided to the committee in any judicial or administrative proceeding if such information is provided in good faith and without malice and on the basis of facts reasonably known or reasonably believed to exist. 

Public Chapter 75- Provides that each licensed physician shall conspicuously display an original or a copy of his/her license or certification displayed in the office or place of practice and shall conspicuously display a sign in intelligible lettering and not less than one inch (1”) in height, containing the name of such licensee immediately followed by the recognized abbreviation indicating the professional degree, if any held by such licensee, and containing immediately below the licensee’s name, in equal size lettering, the following words:  “Medical doctor”, “physician”, “medical doctor and surgeon”, “medicine” or “surgeon”, as applicable, for practitioners of medicine and surgery.  A licensee may substitute a specialist designation for these words for any specialized field that is recognized or approved by the appropriate board licensing that profession.  The licensee shall also affirmatively communicate the licensee’s specific licensure through one (1) of the following methods:  (1)  licensee shall wear a photo identification name tag during all patient encounters that contains a recent photograph of the licensee with the licensee’s full name and license type; or (2)  licensee shall communicate to a patient the licensee’s full name and license type in writing at the patient’s initial office visit after January 1, 2012.  In communicating the license type, the licensee shall use one of more of these words:  “Medical doctor”, “physician”, “medical doctor and surgeon”, “medicine” or “surgeon”, as applicable, for practitioners of medicine and surgery.   All licensees are required to comply with these requirements at each practice setting.  These requirements do not apply to licensees working in licensed health care facilities or to licensees who are not working in patient care settings who have no direct patient care interactions.  A licensee who provides information regarding healthcare services on the internet that is directly controlled or administered by the licensee or licensee’s agent, shall prominently display on the internet the licensee’s full name and type of license using one (1) or more of the following words:  “Medical doctor”, “physician”, “medical doctor and surgeon”, “medicine” or “surgeon”, as applicable, for practitioners of medicine and surgery.   A licensee who violates the provisions of this law may be subject to disciplinary action by the Board of Medical Examiners.  The provisions of this law shall become effective January 1, 2012. 

Public Chapter 166- Provides that a prescription label for any legend drug for all patients shall contain an indication or indications for which the drug is being prescribed if the indication or indications are requested by the prescriber, patient or patient’s caregiver and the prescriber, patient or caregiver provides the indications to the pharmacist dispensing the drug. 

Public Chapter 218- Amends the law to provide that a restriction on the right of an employed or contracted healthcare provider to practice the healthcare provider’s profession upon the termination or conclusion of the employment or contractual relationship shall apply to osteopathic physicians as well as podiatrists, chiropractors, dentists, medical doctors, optometrists, and psychologists.  The new law also removes the provision contained in the prior law that did not have the restriction apply to a healthcare provider who had been employed by, or under contract with, the employing or contracting entity for at least six (6) years. 

Public Chapter 271- Amends the law to provide that for physicians employed independently of a bona fide practice purchase, then the employing entity shall only restrict the employed physician’s right to practice medicine at the conclusion of the employment or contract pursuant to T.C.A. §63-1-148 (See Public Chapter 218).  The new law also removes an employing entity’s ability to only restrict an employed physician’s right to directly solicit by telephone or by mail the patients treated during the course of employment for only one (1) year or less following the termination or conclusion of employment and only if the physician has practiced for less than five (5) years where the hospital or primary practice is located. 

Public Chapter 434- New law provides that notwithstanding any other provision contained in the board of medical examiners practice act, a licensed physician shall not perform or attempt to perform any abortion, including a medically induced abortion, or shall prescribe any drug or device intended to cause a medical abortion, except in the physical presence of the pregnant woman.  No drug or device intended to cause a medical abortion shall be administered or dispensed to a pregnant woman except in the physical presence of her physician.


Updates Applicable to All Boards

Public Chapter 340 -

Establishes the regulation of pain management clinics by the Department, authorizing the Department to grant, deny, renew and discipline a clinic license. A pain management clinic is defined as a privately-owned facility in which a medical doctor, osteopathic physician, advanced practice nurse and/or physician assistant who provide pain management services. Each pain management clinic must have a medical director who provides onsite supervision. On or before October 1, 2011, the Commissioner of Health, in consultation with the Board of Medical Examiners, the Board of Osteopathic Examination, the Board of Nursing, and the Committee on Physician Assistants, shall promulgate rules to implement the law.

Public Chapter 230 -

Provides that each health-related board shall establish a procedure to expedite the issuance of a license, certificate, or permit for an applicant who is certified or licensed in another state to perform the same profession that is the subject of the application; whose spouse is a member of the armed forces; whose spouse is the subject of a military transfer to Tennessee; and who has left employment to accompany the person’s spouse to Tennessee. The procedure shall include issuing the applicant a license, certificate, or permit if the licensure requirements in the other state are substantially equivalent to Tennessee’s requirements or developing a method to authorize the applicant to practice in Tennessee with a temporary permit in accordance with current law (T.C.A. §63-1-142).

Public Chapter 435 -

Provides that any governmental entity or private business or establishment that provides or offers a place of assembly or entertainment, transportation, lodging, dining, educational, medical or leisure activities or services, or any business or any establishment licensed by the State or any political subdivision thereof, or that is engaged in commerce in this State is strongly encouraged to post a sign indicating that certain information regarding the Tennessee human trafficking resource center hotline is in a location within the establishment that is visible to employees and the general public. The Department of Labor and Workforce Development shall provide the sign authorized by this section on its internet website for entities or establishments to print as needed.


Statutes and Rules

Statutes

Statutes are proposed and made law by the Tennessee State General Assembly (Legislature). The Board, following specific notice requirements and hearings, adopts rules. Both have the force of law and may be used in the regulation of a profession. The statutes pertaining to this Board are found at T. C. A. 63-1 (Division of Health Related Boards), T.C.A. 63-6 (Medicine and Surgery) and T.C.A. 63-2 (Medical Records).

Click here to review the Tennessee Code Annotated. (This link will take you to a website that is not maintained by the Tennessee Department of Health).

 

 

Rules

Click here for Rules and Regulations pertaining to the Tennessee Board of Medical Examiners

Policies

Policies

Office Based Surgery


Office Based Surgery

Pursuant to Board of Medical Examiners Rules relative to Office Based Surgery, the Board must post on its website a list, including the names and locations of physician offices that have qualified as sites for Level III surgeries and have been issued certification by the Board.

The following are certified office based surgical suites:

Shire Facial Plastic Surgery
6151 Shallowford Road, Suite 101
Chattanooga, TN 37421

Maxwell Aesthetics
2020 21st Avenue South
Nashville, TN 38212

Aesthetic Surgery and Laser Center
2204 Crestmoor Road
Nashville, TN 37215

Dr. Ronald Gilmer
310 25th Avenue North, Suite 100
Nashville, TN 37203

Cumberland Surgical Arts
2285 Rudolphtown Road
Suite 200
Clarksville, TN  37043

Paris Surgical Specialists
235 Tyson Avenue
Paris, TN  37242

Aesthetic Plastic Surgery Associates, PA
801 Weisgarber Road, Suite 500
Knoxville, TN  37909

Michael W. Goodman, MD, PC
979 East Third Street #C630
Chattanooga, TN  37403

The Plastic Surgery Center of East Tennessee
One Sheridan Square Suite 200
Kingsport, TN  37660

Larry A. Sargent, MD
The Plastic Surgery Group, P.C.
979East Third Street, C-920
Chattanooga, TN  37403

Colleen Maclin Schmitt, MD
Galen Medical Group
Gastroenterology East Office
1651 Gunbarrel Road, Suite 102
Chattanooga, TN  37421

Steven H. Smith, MD
Parkwest Plastic Surgery
9239 Park West Boulevard
Knoxville, TN  37923