Legislative Updates Current through July 31, 2014:
If you wish to review any of the following Public Chapters in their entirety, please visit:  http://www.tennessee.gov/sos/acts/index.htm.
Public Chapter 949
This act allows for initial licensure applications to be accepted online. Currently, renewing licenses is already available online. This also makes available to the public annual inspections of health care facilities and pharmacies, similar to how nursing home inspections are already available.
Public Chapter 622
Current law requires that, prior to writing a script for an opiate or benzodiazepine; a practitioner must check the database for their patient. This act allows that patient’s profile to be placed in their medical record, which is subject to HIPAA. This further allows the Department of Health to make available upon request aggregate, de-identified data from the CSMD.
Public Chapter 623
Naloxone is an opioid antagonist designed to stop the effects of an opiate related overdose. This act allows a licensed healthcare practitioner to prescribe naloxone to a person at risk of having an opiate related overdose, or a family member or friend of the at-risk individual. It further requires training in administration of naloxone prior to the drug being prescribed. Civil immunity is provided for both the prescribing practitioner and the individual administering naloxone.
Public Chapter 763
This act revises delinquent privilege tax provisions that would require the Department of Revenue to notify the licensee that failure to cure the delinquency or deficiency prior to their licensure renewal date can result in renewal abeyance. For purposes of the bill, “cure” means payment in full, entering into an agreed payment plan, or abatement of tax liability. Licensing boards will be provided monthly with list of licensees who are delinquent 90 days or more and boards may not process licensure renewal.
Public Chapter 906
This is the Methamphetamine Production Reduction Act. The law caps the sale/purchase of ephedrine or pseudoephedrine products at 5.76 g/month or 28.8 g/year, per person requiring prescription. The caps shall not apply with respect to a valid prescription from a practitioner authorized to prescribe. No person under the age of 18 may purchase the products except pursuant to a valid prescription from a practitioner or from a pharmacist generated prescription.
Public Chapter 983
This is a pain clinic revision act that requires all healthcare practitioners to notify their appropriate licensing board within 10 days of starting or ending employment at a pain clinic. It prevents health care prescribers from dispensing an opioid or benzodiazepine except under certain conditions. Requires all opioids and benzodiazepine’s not falling under the exemptions to be returned to a reverse distributor or to local law enforcement by Jan. 11, 2015. The act requires pharmacy wholesalers to notify the Board of Pharmacy and other prescribing boards when suspicious orders (unusual size, deviations from normal pattern, and unusual frequency) are discovered. Wholesalers must report a theft or significant loss of controlled substances to the Controlled Substance Monitoring Committee and local law enforcement within one business day of discovery.
Public Chapter 898
This act revises the way Advanced Practice Nurse and Physicians Assistants profiles are maintained on the Consumer Right to Know Database. It does this by making the database searchable by APN, PA or physician name. It further requires notification to the Department within 30 days of any change in supervising relationship by all providers so it can be changed in the database for the public.
Public Chapter 594
The act requires certain entities to make available information and instruction of infant CPR to at least one future parent or caregiver.
Public Chapter 820
This act allows for prosecution, up to a class A misdemeanor, of a woman who gives birth to a child with neonatal abstinence syndrome, if the mother was illegally using narcotics. It is an affirmative defense for the mother if she was enrolled in a recovery program prior to the birth and successfully completes the program.
Public Chapter 700
The act defines chronic non-malignant pain treatment as “prescribing or dispensing opioids, benzodiazepines, barbiturates or carisoprodol for ninety (90) days or more in a twelve (12) month period for pain unrelated to cancer or palliative care.” A pain clinic has been redefined in statute.
Public Chapter 909
The act defines cosmetic medical service as any “service that uses a biologic or synthetic material, a chemical application, a mechanical device, or a displaced energy form of any kind that alters or damages, or is capable of altering or damaging, living tissue to improve the patient’s appearance or achieve an enhanced aesthetic result”. The act further requires any business advertising as a medical spa to display the medical director or supervising physician of the practice on a sign at the practice including board certification.
Public Chapter 675
The act allows telehealth providers to contract with insurance companies to have their services covered in offered plans. Insurance providers cannot deny payment solely because the encounter was not in person.
Public Chapter 575
This act extends civil immunity to health care providers providing services at clinics that charge patients based on a sliding scale to health care providers offering services at a clinic that does not charge a patient for services.
Public Chapter 651
The act allows Quality Improvement Committees (QIC’s) to share information with their counterparts and keeps this information confidential, privileged and protected from subpoena, discovery or trial evidence. It removes liability surrounding those who give information to QIC’s and removes liability solely on actions taken by the QIC.
Public Chapter 842
This act expands the provisions for dispensing in pain clinics to allow prescribers at a pain clinic to dispense complimentary samples of non-narcotic schedule V controlled substances for up to a 14-day supply.
Public Chapter 936
This act allows for cannabidiol to be dispensed and administered as part of clinic research trials for treatment of intractable seizures in certain hospitals. The act requires the trials to be supervised by a physician practicing at a hospital or associated clinic that are affiliated with a university with a college or school of medicine. Any physician conducting a trial must report the results to the standing health committees of the Tennessee House and Tennessee Senate as well as both the Speakers of the Senate and House by January 15, 2018.
Public Chapter 1011
The act requires submissions to the Controlled Substance Monitoring Database be made at the close of each business day for all controlled substances dispensed the prior business day. The act does provide good faith effort exemption and gives the Board of Pharmacy the ability to make rules implementing this exemption.
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).
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, updated 2/11/15:
2020 21st Avenue South
Nashville, TN 38212
Dr. Ronald Gilmer
310 25th Avenue North, Suite 100
Nashville, TN 37203
Cumberland Surgical Arts
2285 Rudolphtown Road
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.
979 East 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
Advanced Surgical Concepts
7446 Shallowford road, Suite 205
Chattnooga, TN 37421
Associates in Plastic and Reconstructive Surgery
3404 Navajo Drive
Chattanooga, TN 37411
Southern Surgical Arts
1405 Cowart Street
Chattanooga, TN 37408
Shire Facial Plastic Surgery
6151 Shallowford Road, Suite 101
Chattanooga, TN 37421