PUBLIC HEALTH ADVISORY CONCERNING FENTANYL AND FENTANYL-LACED SUBSTANCES

Board of Chiropractic Examiners

Legislative

Current through July 31, 2016

If you wish to review any of the following Public Chapters in their entirety, please visit:
http://sos.tn.gov/division-publications/acts-and-resolutions.

Board Specific Updates:

Public Chapter 763

This Act permits licensees, whose licenses have expired due to non-payment, to be reinstated when payment of the annual (which is actually bi-annual) renewal fee along with payment of a late renewal fee that is capped at twice the annual renewal fee are completed. This public chapter makes no changes to continuing education requirements and all unattained continuing education must be completed along with repayment structure above prior to reinstatement. This replaces the current requirement of payment of all past due fees before reinstatement. This act took effect on July 1, 2016.

Public Chapter 990

This legislation requires an insurer to reimburse and provide coverage for telehealth services provided by a practitioner licensed in Tennessee, regardless of the patient's location. This act will take effect on January 1, 2017.

Public Chapter 1029

As enacted, amends the provisions governing X-ray equipment operators. This act will take effect on January 1, 2017.

Public Chapter 154

This act allows the Commissioner of Health or his designee to have electronic access to medical records in order to facilitate investigations when responding to an immediate threat to public health. Today the Commissioner of Health or his designee already has this authority but must go to the facility to review the medical records.  This act took effect on April 16, 2015.

Public Chapter 94

This act defines “abuse” and “neglect” for purposes of placing a person on the registry of persons who have abused, neglected, or misappropriated the property of vulnerable individuals specifically within the statutes that govern the Dept. of Health. It does not impact the definitions within the statutes that govern the Dept. of Intellectual and Developmental Disabilities nor the Dept. of Human Services.  It also increases the time within which placement on the registry may be appealed from 30 to 60 days.  For rulemaking purposes, this bill became effective on April 10, 2015.  All other provision become effective on July 1, 2015.

Public Chapter 502

This act allows the Joint Government Operations Committee (the legislative committee that reviews all rules) to stay a rule up to 75 days instead of 60 days.  Present law authorizes the Joint Government Operations Committee to consider the following factors when reviewing rules: authority, clarity, consistency, justification, necessity and reference. This act adds arbitrariness and capriciousness as two new considerations.

Public Chapter 268

This act makes disclosures of protected healthcare information permissible in medical malpractice lawsuits and became effective on April 24, 2015.

Public Chapter 121

This legislation would allow the Board of Chiropractic Examiners to petition a court to require a person to cease and desist in solicitation or telemarketing individuals after an accident or natural disaster.  This act took effect on July 1, 2015.

Public Chapter 261

The act provides for the practice of telehealth. It outlines the following:

  • Defines a healthcare provider
  • Establishes a provider-patient relationship by mutual consent and mutual communication
  • Specifies that telehealth does not create a new standard care
  • Prohibits any board from creating a more restrictive standard of professional practice for telehealth service
  • Allows a physician to prescribe by means of telemedicine and follow all prescribing applicable statutes such as checking the Controlled Substance Monitoring Database; however, pain management clinics are not permitted
  • There is no separate telehealth license required by the Bd of Medical Examiners

Public Chapter 475

  • Changes the requirements for who can become a certificate holder of a pain clinic. Certificate holders:
    • Must be a Tennessee licensed Medical Doctor, Doctor of Osteopathy, Advanced Practice Nurse or Physician’s Assistant and
    • This no longer allows pain clinics to be owned, in whole or in part, by chiropractors

 

Updates Applicable to All Boards

Public Chapter 949 This act allows for initial licensure applications to be accepted online. Currently, renewing licenses is already available online. This also makes available to the public annual inspections of health care facilities and pharmacies, similar to how nursing home inspections are already available.

Public Chapter 763 This act revises delinquent privilege tax provisions that would require the Department of Revenue to notify the licensee that failure to cure the delinquency or deficiency prior to their licensure renewal date can result in renewal abeyance. For purposes of the bill, “cure” means payment in full, entering into an agreed payment plan, or abatement of tax liability. Licensing boards will be provided monthly with list of licensees who are delinquent 90 days or more and boards may not process licensure renewal.

Public Chapter 675 The act allows telehealth providers to contract with insurance companies to have their services covered in offered plans. Insurance providers cannot deny payment solely because the encounter was not in person.

Public Chapter 575 This act extends civil immunity to health care providers providing services at clinics that charge patients based on a sliding scale to health care providers offering services at a clinic that does not charge a patient for services.