Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB1284 Compare Versions

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5		-	J enne&See Senate
6		-	PUBLIC CHAPTER NO. 127
7		-	SENATE BILL NO. 1284
8		-	By Johnson, Harshbarger
9		-	Substituted for: House Bill No. 1311
10		-	By Lamberth, Cochran, Kumar
11		-	AN ACT to amend Tennessee Code Annotated, Title 4; Title 63 and Title 68, relative to health
12		-	related licensure.
	1	+
	2	+	<BillNo> <Sponsor>
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	4	+	SENATE BILL 1284
	5	+	By Johnson
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	7	+
	8	+	SB1284
	9	+	002817
	10	+	- 1 -
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	12	+	AN ACT to amend Tennessee Code Annotated, Title 4;
	13	+	Title 63 and Title 68, relative to health related
	14	+	licensure.
	15	+
13	16		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
14	17		SECTION 1. Tennessee Code Annotated, Section 63-1-105, is amended by deleting the
15	18		section.
16		-	SECTION 2. Tennessee Code Annotated, Title 63, Chapter 1, Part 1, is amended by adding
17		-	the following as a new section:
18		-	Notwithstanding any law, for an agency of state government created pursuant to this
19		-	title or title 68, chapter 24, 29, or 140, three (3) or more members constitute a quorum for all
20		-	contested case hearings and disciplinary matters, and the presiding officer of the agency is
21		-	authorized, when necessary, to split the agency into panels of three (3) or more, each to
22		-	conduct contested case hearings or disciplinary matters. A majority vote of the members
23		-	present on any duly constituted panel is required to authorize an agency to take action in
24		-	disciplinary matters and contested case hearings. The presiding officer of the agency is
25		-	authorized to appoint members of the agency's governing body to serve on the panels, as
26		-	the presiding officer deems necessary, regardless of the grand division from which the
27		-	appointed member was chosen or the member's status as licensee of the agency or citizen
28		-	member. The existence of a citizen member of the agency's governing body creates no rights
29		-	in an individual concerning the composition of a panel in a disciplinary matter or contested
30		-	case hearing. Notwithstanding§ 4-5-314(e), if a member of a panel is unable to carry out the
31		-	member's duties prior to the time a final order is rendered, then a new member must only be
32		-	appointed to the panel if the panel does not have enough members remaining to constitute a
33		-	quorum required by this section for contested case hearings or disciplinary matters. If a new
34		-	member is appointed to the panel, then the member shall use the existing record and may
35		-	conduct further proceedings as is necessary in the interest of justice. A decision by the panel
36		-	is deemed an order of the board.
	19	+	SECTION 2. Tennessee Code Annotated, Title 63, Chapter 1, Part 1, is amended by
	20	+	adding the following as a new section:
	21	+	Notwithstanding any law, for an agency of state government created pursuant to
	22	+	this title or title 68, chapter 24, 29, or 140, three (3) or more members constitute a
	23	+	quorum for all contested case hearings and disciplinary matters, and the presiding officer
	24	+	of the agency is authorized, when necessary, to split the agency into panels of three (3)
	25	+	or more, each to conduct contested case hearings or disciplinary matters. A majority
	26	+	vote of the members present on any duly constituted panel is required to authorize an
	27	+	agency to take action in disciplinary matters and contested case hearings. The
	28	+	presiding officer of the agency is authorized to appoint members of the agency's
	29	+	governing body to serve on the panels, as the presiding officer deems necessary,
	30	+	regardless of the grand division from which the appointed member was chosen or the
	31	+	member's status as licensee of the agency or citizen member. The existence of a citizen
	32	+	member of the agency's governing body creates no rights in an individual concerning the
	33	+	composition of a panel in a disciplinary matter or contested case hearing.
	34	+	Notwithstanding § 4-5-314(e), if a member of a panel is unable to carry out the member's
	35	+	duties prior to the time a final order is rendered, then a new member must only be
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	40	+	appointed to the panel if the panel does not have enough members remaining to
	41	+	constitute a quorum required by this section for contested case hearings or disciplinary
	42	+	matters. If a new member is appointed to the panel, then the member shall use the
	43	+	existing record and may conduct further proceedings as is necessary in the interest of
	44	+	justice. A decision by the panel is deemed an order of the board.
37	45		SECTION 3. Tennessee Code Annotated, Section 63-1-117, is amended by deleting
38	46		subsection (a) and substituting:
39		-	(a) Notwithstanding §§ 63-2-101(b), 68-11-1502, and 68-11-1503, and regardless of
40		-	any express or implied contracts, agreements, or covenants of confidentiality based upon
41		-	those sections, healthcare providers and facilities licensed pursuant to this title or title 68
42		-	shall make their medical and practice records, including patient billing records, available for
43		-	inspection and copying by the department of health or its representatives, designees, or
44		-	employees within ten (10) business days of the request. Healthcare providers and facilities
45		-	that utilize electronic medical records shall cause a copy of requested medical records to be
46		-	provided to the department of health or its representatives, designees, or employees within
47		-	ten (10) business days of the request. Any records produced pursuant to this section must be
48		-	produced in accordance with § 63-2-102(c). Healthcare providers and facilities are required
49		-	to provide the medical and practice records only upon receipt of one (1) or both of the
	47	+	(a) Notwithstanding §§ 63-2-101(b), 68-11-1502, and 68-11-1503, and
	48	+	regardless of any express or implied contracts, agreements, or covenants of
	49	+	confidentiality based upon those sections, healthcare providers and facilities licensed
	50	+	pursuant to this title or title 68 shall make their medical and practice records, including
	51	+	patient billing records, available for inspection and copying by the department of health
	52	+	or its representatives, designees, or employees within ten (10) business days of the
	53	+	request. Healthcare providers and facilities that utilize electronic medical records shall
	54	+	cause a copy of requested medical records to be provided to the department of health or
	55	+	its representatives, designees, or employees within ten (10) business days of the
	56	+	request. Any records produced pursuant to this section must be produced in
	57	+	accordance with § 63-2-102(c). Healthcare providers and facilities are required to
	58	+	provide the medical and practice records only upon receipt of one (1) or both of the
50	59		following:
51		-	(1) The written authorization for release signed by the patient or the ~~patient's~~
52		-	legal representative; or ~~SB 1284~~
	60	+	(1) The written authorization for release signed by the patient or the
	61	+	patient's legal representative; or
53	62		(2) The written request made by the department of health investigators,
54		-	inspectors, or surveyors who are performing authorized investigations, inspections, or
55		-	surveys of facilities or individuals licensed pursuant to this title or title 68 based on a
56		-	complaint filed with the department or an inspection or survey required by state or
57		-	federal law. The written request must contain the nature of the violation, the
58		-	applicable laws and rules that may have been violated, and the specific date by which
59		-	production of the records is required. The written request must be made in good faith
60		-	and must be related to the complaint, inspection, or survey. The obligation to provide
61		-	access and copies of records is not limited to the subject of the complaint, inspection,
62		-	or survey, but rather to any healthcare provider and facility licensed pursuant to this
63		-	title or title 68 who receives such a request.
64		-	SECTION 4. Tennessee Code Annotated, Section 63-1-117(9), is amended by deleting the
65		-	subsection and substituting:
66		-	(g) After the filing of formal disciplinary charges against the provider pursuant to § 4-
67		-	5-307, only the materials and documents upon which the charges are based may be
	63	+	inspectors, or surveyors who are performing authorized investigations,
	64	+	inspections, or surveys of facilities or individuals licensed pursuant to this title or
	65	+
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	68	+
	69	+	title 68 based on a complaint filed with the department or an inspection or survey
	70	+	required by state or federal law. The written request must contain the nature of
	71	+	the violation, the applicable laws and rules that may have been violated, and the
	72	+	specific date by which production of the records is required. The written request
	73	+	must be made in good faith and must be related to the complaint, inspection, or
	74	+	survey. The obligation to provide access and copies of records is not limited to
	75	+	the subject of the complaint, inspection, or survey, but rather to any healthcare
	76	+	provider and facility licensed pursuant to this title or title 68 who receives such a
	77	+	request.
	78	+	SECTION 4. Tennessee Code Annotated, Section 63-1-117(g), is amended by deleting
	79	+	the subsection and substituting:
	80	+	(g) After the filing of formal disciplinary charges against the provider pursuant to
	81	+	§ 4-5-307, only the materials and documents upon which the charges are based may be
68	82		disclosed as a public record or in response to a subpoena, but not the complainant's
69		-	identifying information, identifying information of a witness who requests anonymity, ~~patient's~~
70		-	identifying information, patient's medical records, or investigator's report, which ~~may be~~
71		-	produced only in response to a subpoena from a law enforcement agency. If an ~~investigation~~
72		-	results in an outcome that does not involve the filing of a formal disciplinary ~~charge as~~
73		-	described in § 4-5-307 against the provider, then investigative materials may ~~only be~~
74		-	disclosed in accordance with subsection (f).
75		-	SECTION • 5. Tennessee Code Annotated, Section 63-26-115, is amended by deleting
76		-	subsection (a) and redesignating the remaining subsections, and is further amended by deleting ~~the~~
77		-	language "subdivision (c)(2)" and substituting "subdivision (b)(2)".
	83	+	identifying information, identifying information of a witness who requests anonymity,
	84	+	patient's identifying information, patient's medical records, or investigator's report, which
	85	+	may be produced only in response to a subpoena from a law enforcement agency. If an
	86	+	investigation results in an outcome that does not involve the filing of a formal disciplinary
	87	+	charge as described in § 4-5-307 against the provider, then investigative materials may
	88	+	only be disclosed in accordance with subsection (f).
	89	+	SECTION 5. Tennessee Code Annotated, Section 63-26-115, is amended by deleting
	90	+	subsection (a) and redesignating the remaining subsections, and is further amended by deleting
	91	+	the language "subdivision (c)(2)" and substituting "subdivision (b)(2).
78	92		SECTION 6. Tennessee Code Annotated, Section 63-27-105, is amended by deleting
79	93		subdivision (b)(1) and substituting:
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80	98		(1) A person seeking licensure as a registered respiratory therapist or a certified
81	99		respiratory therapist shall:
82	100		(A) Be at least eighteen (18) years of age and of good moral character;
83	101		(B) Pay the required fees set by the board;
84	102		(C) Provide evidence satisfactory to the board that the person has
85	103		successfully completed academic and clinical preparation in a respiratory care
86		-	educational program supported, approved, or otherwise recognized by the board or
87		-	by the National Board for Respiratory Care (NBRC); and
	104	+	educational program supported, approved, or otherwise recognized by the board
	105	+	or by the National Board for Respiratory Care (NBRC); and
88	106		(D) Meet the following requirements:
89		-	(i) A person applying for licensure as a certified respiratory therapist
90		-	shall provide evidence satisfactory to the board that the person has obtained
91		-	the credential "certified respiratory therapist" (CRT) or the credential "certified
92		-	respiratory therapy technician" (CRTT) from the NBRC; or
93		-	(ii) A person applying for licensure as a registered respiratory therapist
94		-	shall provide evidence satisfactory to the board that the person has obtained
95		-	the credential "registered respiratory therapist" (RRT) from the NBRC.
96		-	SECTION 7. Tennessee Code Annotated, Section 63-27-106(a), is amended by deleting the
97		-	first sentence and substituting:
	107	+	(i) A person applying for licensure as a certified respiratory
	108	+	therapist shall provide evidence satisfactory to the board that the person
	109	+	has obtained the credential "certified respiratory therapist" (CRT) or the
	110	+	credential "certified respiratory therapy technician" (CRTT) from the
	111	+	NBRC; or
	112	+	(ii) A person applying for licensure as a registered respiratory
	113	+	therapist shall provide evidence satisfactory to the board that the person
	114	+	has obtained the credential "registered respiratory therapist" (RRT) from
	115	+	the NBRC.
	116	+	SECTION 7. Tennessee Code Annotated, Section 63-27-106(a), is amended by
	117	+	deleting the first sentence and substituting:
98	118		The knowledge and skills for performing the functions of a registered respiratory
99	119		therapist must be acquired by academic and clinical preparation in a respiratory care
100	120		program supported, approved, or otherwise recognized by the board or by the National
101	121		Board for Respiratory Care.
102		-	SECTION 8. Tennessee Code Annotated, Section 63-27-107(a), is amended by deleting the
103		-	first sentence and substituting:
104		-	The knowledge and skills for performing the functions of a certified respiratory
105		-	therapist must be acquired by academic and clinical preparation in a respiratory care
106		-	program supported, approved, or otherwise recognized by the board or by the National
107		-	Board for Respiratory Care.
108		-	2 SB 1284
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	125	+
	126	+	SECTION 8. Tennessee Code Annotated, Section 63-27-107(a), is amended by
	127	+	deleting the first sentence and substituting:
	128	+	The knowledge and skills for performing the functions of a certified respiratory therapist
	129	+	must be acquired by academic and clinical preparation in a respiratory care program
	130	+	supported, approved, or otherwise recognized by the board or by the National Board for
	131	+	Respiratory Care.
109	132		SECTION 9. This act takes effect upon becoming a law, the public welfare requiring it.
110		-	3 PASSED:
111		-	SENATE BILL NO. 1284
112		-	March 24, 2025
113		-	I{ ~~ h ... ~t.h~
114		-	' RAt\iv McNALL y
115		-	SPEAKER OF THE SENATE
116		-	~,,z
117		-	CAMERONSEXTON,SPEAKER
118		-	HOUSE OF REPRESENTATIVES
119		-	APPROVED this fJ1 day of &i 2025
120		-	~UA.~
121		-	BILL LEE, GOVERNOR