| 4 | 3 | | |
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| 5 | 4 | | SENATE BILL 359 |
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| 6 | 5 | | By Briggs |
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| 7 | 6 | | |
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| 8 | 7 | | |
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| 9 | 8 | | SB0359 |
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| 10 | 9 | | 002022 |
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| 11 | 10 | | - 1 - |
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| 12 | 11 | | |
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| 13 | 12 | | AN ACT to amend Tennessee Code Annotated, Title 63, |
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| 14 | 13 | | relative to healthcare provider licensing. |
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| 15 | 14 | | |
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| 16 | 15 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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| 17 | 16 | | SECTION 1. Tennessee Code Annotated, Section 63-6-106, is amended by designating |
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| 18 | 17 | | the existing language as subsection (a) and adding the following as a new subsection: |
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| 19 | 18 | | (b) |
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| 20 | 19 | | (1) During an informal initial application interview during an executive |
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| 21 | 20 | | session held pursuant to § 63-1-169, the board may, in its discretion, issue a |
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| 22 | 21 | | license under a private advocacy order requiring the applicant to maintain |
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| 23 | 22 | | advocacy of a peer assistance program approved by the board. Any |
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| 24 | 23 | | determination regarding the necessity for a private advocacy order must be |
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| 25 | 24 | | individually tailored to the applicant's condition and how it currently impairs the |
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| 26 | 25 | | applicant's ability to practice medicine in a competent, ethical, and professional |
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| 27 | 26 | | manner absent such advocacy. A private advocacy order is not a restriction on |
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| 28 | 27 | | the license. |
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| 29 | 28 | | (2) For an individual practicing under a private advocacy order, failure to |
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| 30 | 29 | | maintain the advocacy of the peer assistance program constitutes a violation of |
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| 31 | 30 | | the practice act for which the board may take disciplinary action. |
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| 32 | 31 | | (3) Private advocacy orders are confidential, privileged, and not public |
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| 33 | 32 | | records subject to inspection by citizens of this state, as described in §§ 8-44- |
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| 34 | 33 | | 104(a) and 10-7-503. However, if a practitioner fails to maintain advocacy and |
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