SENATE BILL 1284
By Johnson
HOUSE BILL 1311
By Lamberth
HB1311
002817
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AN ACT to amend Tennessee Code Annotated, Title 4;
Title 63 and Title 68, relative to health related
licensure.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 63-1-105, is amended by deleting the
section.
SECTION 2. Tennessee Code Annotated, Title 63, Chapter 1, Part 1, is amended by
adding the following as a new section:
Notwithstanding any law, for an agency of state government created pursuant to
this title or title 68, chapter 24, 29, or 140, three (3) or more members constitute a
quorum for all contested case hearings and disciplinary matters, and the presiding officer
of the agency is authorized, when necessary, to split the agency into panels of three (3)
or more, each to conduct contested case hearings or disciplinary matters. A majority
vote of the members present on any duly constituted panel is required to authorize an
agency to take action in disciplinary matters and contested case hearings. The
presiding officer of the agency is authorized to appoint members of the agency's
governing body to serve on the panels, as the presiding officer deems necessary,
regardless of the grand division from which the appointed member was chosen or the
member's status as licensee of the agency or citizen member. The existence of a citizen
member of the agency's governing body creates no rights in an individual concerning the
composition of a panel in a disciplinary matter or contested case hearing.
Notwithstanding § 4-5-314(e), if a member of a panel is unable to carry out the member's
duties prior to the time a final order is rendered, then a new member must only be
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appointed to the panel if the panel does not have enough members remaining to
constitute a quorum required by this section for contested case hearings or disciplinary
matters. If a new member is appointed to the panel, then the member shall use the
existing record and may conduct further proceedings as is necessary in the interest of
justice. A decision by the panel is deemed an order of the board.
SECTION 3. Tennessee Code Annotated, Section 63-1-117, is amended by deleting
subsection (a) and substituting:
(a) Notwithstanding §§ 63-2-101(b), 68-11-1502, and 68-11-1503, and
regardless of any express or implied contracts, agreements, or covenants of
confidentiality based upon those sections, healthcare providers and facilities licensed
pursuant to this title or title 68 shall make their medical and practice records, including
patient billing records, available for inspection and copying by the department of health
or its representatives, designees, or employees within ten (10) business days of the
request. Healthcare providers and facilities that utilize electronic medical records shall
cause a copy of requested medical records to be provided to the department of health or
its representatives, designees, or employees within ten (10) business days of the
request. Any records produced pursuant to this section must be produced in
accordance with § 63-2-102(c). Healthcare providers and facilities are required to
provide the medical and practice records only upon receipt of one (1) or both of the
following:
(1) The written authorization for release signed by the patient or the
patient's legal representative; or
(2) The written request made by the department of health investigators,
inspectors, or surveyors who are performing authorized investigations,
inspections, or surveys of facilities or individuals licensed pursuant to this title or
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title 68 based on a complaint filed with the department or an inspection or survey
required by state or federal law. The written request must contain the nature of
the violation, the applicable laws and rules that may have been violated, and the
specific date by which production of the records is required. The written request
must be made in good faith and must be related to the complaint, inspection, or
survey. The obligation to provide access and copies of records is not limited to
the subject of the complaint, inspection, or survey, but rather to any healthcare
provider and facility licensed pursuant to this title or title 68 who receives such a
request.
SECTION 4. Tennessee Code Annotated, Section 63-1-117(g), is amended by deleting
the subsection and substituting:
(g) After the filing of formal disciplinary charges against the provider pursuant to
§ 4-5-307, only the materials and documents upon which the charges are based may be
disclosed as a public record or in response to a subpoena, but not the complainant's
identifying information, identifying information of a witness who requests anonymity,
patient's identifying information, patient's medical records, or investigator's report, which
may be produced only in response to a subpoena from a law enforcement agency. If an
investigation results in an outcome that does not involve the filing of a formal disciplinary
charge as described in § 4-5-307 against the provider, then investigative materials may
only be disclosed in accordance with subsection (f).
SECTION 5. Tennessee Code Annotated, Section 63-26-115, is amended by deleting
subsection (a) and redesignating the remaining subsections, and is further amended by deleting
the language "subdivision (c)(2)" and substituting "subdivision (b)(2).
SECTION 6. Tennessee Code Annotated, Section 63-27-105, is amended by deleting
subdivision (b)(1) and substituting:
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(1) A person seeking licensure as a registered respiratory therapist or a certified
respiratory therapist shall:
(A) Be at least eighteen (18) years of age and of good moral character;
(B) Pay the required fees set by the board;
(C) Provide evidence satisfactory to the board that the person has
successfully completed academic and clinical preparation in a respiratory care
educational program supported, approved, or otherwise recognized by the board
or by the National Board for Respiratory Care (NBRC); and
(D) Meet the following requirements:
(i) A person applying for licensure as a certified respiratory
therapist shall provide evidence satisfactory to the board that the person
has obtained the credential "certified respiratory therapist" (CRT) or the
credential "certified respiratory therapy technician" (CRTT) from the
NBRC; or
(ii) A person applying for licensure as a registered respiratory
therapist shall provide evidence satisfactory to the board that the person
has obtained the credential "registered respiratory therapist" (RRT) from
the NBRC.
SECTION 7. Tennessee Code Annotated, Section 63-27-106(a), is amended by
deleting the first sentence and substituting:
The knowledge and skills for performing the functions of a registered respiratory
therapist must be acquired by academic and clinical preparation in a respiratory care
program supported, approved, or otherwise recognized by the board or by the National
Board for Respiratory Care.
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SECTION 8. Tennessee Code Annotated, Section 63-27-107(a), is amended by
deleting the first sentence and substituting:
The knowledge and skills for performing the functions of a certified respiratory therapist
must be acquired by academic and clinical preparation in a respiratory care program
supported, approved, or otherwise recognized by the board or by the National Board for
Respiratory Care.
SECTION 9. This act takes effect upon becoming a law, the public welfare requiring it.