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J enne&See Senate
PUBLIC CHAPTER NO. 127
SENATE BILL NO. 1284
By Johnson, Harshbarger
Substituted for: House Bill No. 1311
By Lamberth, Cochran, Kumar
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
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 SB 1284
(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 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(9), 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:
(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.
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.
2 SB 1284
SECTION 9. This act takes effect upon becoming a law, the public welfare requiring it.
3 PASSED:
SENATE BILL NO. 1284
March 24, 2025
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' RAt\iv McNALL y
SPEAKER OF THE SENATE
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CAMERONSEXTON,SPEAKER
HOUSE OF REPRESENTATIVES
APPROVED this fJ1 day of &i 2025
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BILL LEE, GOVERNOR