<BillNo> <Sponsor>
SENATE BILL 359
By Briggs
SB0359
002022
- 1 -
AN ACT to amend Tennessee Code Annotated, Title 63,
relative to healthcare provider licensing.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 63-6-106, is amended by designating
the existing language as subsection (a) and adding the following as a new subsection:
(b)
(1) During an informal initial application interview during an executive
session held pursuant to § 63-1-169, the board may, in its discretion, issue a
license under a private advocacy order requiring the applicant to maintain
advocacy of a peer assistance program approved by the board. Any
determination regarding the necessity for a private advocacy order must be
individually tailored to the applicant's condition and how it currently impairs the
applicant's ability to practice medicine in a competent, ethical, and professional
manner absent such advocacy. A private advocacy order is not a restriction on
the license.
(2) For an individual practicing under a private advocacy order, failure to
maintain the advocacy of the peer assistance program constitutes a violation of
the practice act for which the board may take disciplinary action.
(3) Private advocacy orders are confidential, privileged, and not public
records subject to inspection by citizens of this state, as described in §§ 8-44-
104(a) and 10-7-503. However, if a practitioner fails to maintain advocacy and
formal disciplinary proceedings are initiated as a result of that failure, then the
private advocacy order becomes a public record.
- 2 - 002022
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.