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Tennessee General Assembly· HB 1311Comp. SB subst.

Boards and Commissions - As enacted, removes requirement that a license issued by a health related board be signed by members of the board prior to such issuance; authorizes the presiding officer to divide the board into, the official text

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                             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 authorizatiqn 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.

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SB 1284
          SECTION 9. This act takes effect upon becoming a law, the public welfare requiring it.

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         SENATE BILL NO. 1284

PASSED:  March 24, 2025

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                         '                     RAt\iv McNALLy

                                 SPEAKER OF THE SENATE

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                            CAMERONSEXTON,SPEAKER
                            HOUSE OF REPRESENTATIVES

fJ1 APPROVED this  day of & i \                2025

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                           BILL LEE, GOVERNOR
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