Medical Occupations - As enacted, authorizes a healthcare provider’s licensing board to issue a license subject to a private advocacy order that requires the applicant to participate in a peer assistance program approved, the official text

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PUBLIC CHAPTER NO. 317

SENATE BILL NO. 359

                             By Briggs

Substituted for: House Bill No. 1203

                          By Kumar, Davis

AN ACT to amend Tennessee Code Annotated, Title 63, relative to healthcare provider licensing.

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

         SECTION 1. Tennessee Code Annotated, Section 63-6-106, is amended by designating the
existing language as subsection (a) and adding the following as a new subsection:

(b)(1) During an informal initial application interview during an executive session held
pursuant to§ 63-1-169, the board may, in its discretion, issue a license under a private
advocacy order requiring the applicant to maintain advocacy of a peer assistance
program approved by the board. Any determination regarding the necessity for a
private advocacy order must be individually tailored to the applicant's condition and
how it currently impairs the applicant's ability to practice medicine in a competent,
ethical, and professional manner absent such advocacy. A private advocacy order is
not a restriction on the license.

          (2) For an individual practicing under a private advocacy order, failure to
maintain the advocacy of the peer assistance program constitutes a violation of the
practice act for which the board may take disciplinary action.

          (3) Private advocacy orders are confidential, privileged, and not public records
subject to inspection by citizens of this state, as described in§§ 8-44-104(a) and 10-7-
503. However, if a practitioner fails to maintain advocacy and formal disciplinary
proceedings are initiated as a result of that failure, then the private advocacy order
becomes a public record.

          SECTION 2. Tennessee Code Annotated, Section 63-9-118, is amended by designating the
existing language as subsection (a) and adding t~e following as a new subsection:

(b)(1) During an informal initial application interview during an executive session held

pursuant to§ 63-1-169, the board may, in its discretion, issue a license under a private

advocacy order requiring the applicant to maintain advocacy of a peer assistance

program approved by the board. Any determination regarding the necessity for a

private advocacy order must be individually tailored to the applicant's condition and

how it currently impairs the applicant's ability to practice medicine in a competent,

ethical, and professional manner absent such advocacy. A private advocacy order is

not a restriction on the license.                    •             •

          (2) For an individual practicing under a private advocacy· order, failure to
maintain the advocacy of the peer assistance program constitutes a violation of the
practice act for which the board may take disciplinary action.

(3) Private advocacy orders are confidential, privileged, and not public records

subject to inspection by citizens of this state, as described in§§ 8-44-104(a) and 10-7-

503. However, if a practitioner fails to maintain advocacy and formal disciplinary

proceedings are initiated as a result of that failure, then the private advocacy order

becomes a public record.                          •

SECTION 3. This act takes effect upon becoming a law, th~ public welfare requiring it.
         SENATE BILL NO. 359

PASSED:  April 17, 2025

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                         '\                  RANDYN

                             SPEAKER OF THE SENATE

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                         CAMERO~XTON,SPEAKER

                         HOUSE OF REPRESENTATIVES

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J£. M APPROVED this                          2025

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                         BILL LEE, GOVERNOR