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Back to HB 2539
Tennessee General Assembly· HB 2539Transmitted to Governor for his action.

Health Care - As enacted, makes revisions to health law, including, but not limited to, revising certain reporting requirements, requiring a person licensed by the board of examiners in psychology to complete certain sui, the official text

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PUBLIC CHAPTER NO. 1041

                                                  HOUSE BILL NO. 2539

          By Representatives Lamberth, Cochran, Kumar, Crawford, Hakeem, Cepicky

                                       Substituted for: Senate Bill No. 2227

                                                   By Senator Johnson

         AN ACT to amend Tennessee Code Annotated, Title 4; Title 8; Title 33; Title 36; Title 37;
Title 48; Title 49; Title 52; Title 53; Title 55; Title 56; Title 62; Title 63 and Title 68, relative to
health.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. Tennessee Code Annotated, Section 53-10-309, is amended by deleting
the first two sentences.

          SECTION 2. Tennessee Code Annotated, Section 63-1-125(b)(1), is amended by
deleting the subdivision and substituting:

                    (1) "Board" means a health-related board created in this title or title 68 and
          includes:

                              (A) The board for professional counselors, marital and family therapists,
                    and clinical pastoral therapists, created by§ 63-22-101;

                              (8) The board of alcohol and drug abuse counselors, created by § 68-24-
                    601;

                              (C) The board of occupational therapy, created by§ 63-13-216;

                              (D) The board of examiners in psychology, created by § 63-11-102; and

                              (E) The board of social work licensure, created by§ 63-23-101; and

          SECTION 3. Tennessee Code Annotated, Section 63-1-125(e), is amended by adding
the following as a new subdivision:

                    (5) A person licensed under chapter 11 of this title.

          SECTION 4. Tennessee Code Annotated, Section 63-1-164(f), is amended by deleting
the subsection.

          SECTION 5. Tennessee Code Annotated, Section 63-1-314, is amended by deleting the
section.

          SECTION 6. Tennessee Code Annotated, Section 68-1-120, is amended by deleting the
section and substituting:

                    By December 31, 2026, and by each December 31 thereafter, the department of
          health shall publish an annual report stating the total number of attempted suicides and
          completed suicides that have occurred in this state using the most recent year of final
          data available. The department of health shall submit the report electronically to all
          members of the general assembly within seven (7) calendar days of the publication.

          SECTION 7. Tennessee Code Annotated, Section 68-1-128(h)(4), is amended by
deleting the subdivision.

          SECTION 8. Tennessee Code Annotated, Section 68-1-128, is amended by adding the
following as a new subsection:
HB2539

                   U) The commissioner shall annually report to the chairs of the health and welfare
         committee of the senate and the committee of the house of representatives having
         jurisdiction over prescribers of controlled substances a summary of the data concerning
         prescribers identified pursuant to this section, disciplinary actions taken against those
         prescribers or taken related to prescription drug abuse or pain management clinics,
         distribution and abuse of controlled substances, and access to the controlled substance
         database.

         SECTION 9. Tennessee Code Annotated, Section 68-1-147(a)(4), is amended by
deleting the subdivision and substituting:

                   (4) "Palliative care" means specialized care focused on providing relief from
         physical, psychological, and spiritual suffering, in order to maximize quality of life for
         both the patient and family, that is provided for people facing a health condition that
         carries a high risk of mortality, and:

                             (A) Negatively impacts a person's daily function;

                             (8) Negatively impacts a person's quality of life; or
                             (C) Excessively strains the person's caretaker.

         SECTION 10. Tennessee Code Annotated, Title 68, Chapter 1, Part 1, is amended by
adding the following as a new section:

                   (a) When legislation is enacted by the general assembly that requires a board
         administratively attached to the department to promulgate rules in a prescribed period of
         time, the board retains the exclusive authority to promulgate the rules until sixty (60)
         days before the effective date of the legislation.

                   (b) If the board has not promulgated emergency rules and scheduled the
          ru_lemaking hearing on permanent rules at least sixty (60) days before the effective date
          of the legislation, then the commissioner becomes the exclusive authority to promulgate
         the rules as described in subsection (a). Upon the receipt of such authority, the
          commissioner shall, in accordance with the Uniform Administrative Procedures Act,
          compiled in title 4, chapter 5:

                             (1) Promulgate emergency rules, in accordance with§ 4-5-208, within the
                   time required by the legislation; and

                             (2) Promulgate permanent rules within one hundred eighty (180) days of
                   the effective date of the emergency rules.

                   (c) Upon the completion of the requirements of subsection (b), the exclusive
          authority to promulgate rules reverts to the board. The board may, at that time, amend
         the permanent rules in accordance with the Uniform Administrative Procedures Act,
          compiled in title 4, chapter 5.

                   (d) The rules promulgated by the commissioner in accordance with subsection
          (b) remain in full force and effect, the same as if promulgated by the board, unless and
          until the rules are amended by the board.

         SECTION 11. This act takes effect July 1, 2026, the public welfare requiring it.

                                                              2
                    HOUSE BILL NO. 2539

PASSED:  April 22, 2026

                         C:J_'-

                            CAMERON SEXTON, SPEAKER
                           HOUSE OF REPRESENTATIVES

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                                                \  RANDY MCN~ LY

                                                SPEAKER OF THE SEN-E

r APPROVED this ;::).[ -,■ day of rt::\a◄ ,,..     2026

BILL LEE, GOVERNOR
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