Title 68, Health, Safety and Environmental Protection

This part is known and may be cited as the “Topical Medical Waste Reduction Act of 2023.”

The general assembly finds that this part is necessary for the immediate preservation of the public welfare, health, and safety.

If a facility-provided medication is ordered at least twenty-four (24) hours in advance for surgical procedures and is administered to a patient at the facility, then an unused portion of the facility-provided medication may be offered to the patient upon discharge when it is req…

A facility-provided medication must be labeled consistent with labeling requirements under the Tennessee Pharmacy Practice Act of 1996, compiled in title 63, chapter 10, parts 2-5.

If a facility-provided medication is used in an operating room or emergency department setting, then the prescriber shall counsel the patient on its proper use and administration and the requirement of pharmacist counseling is waived.

(1) During a suspension of admissions pursuant to § 68-11-252, the executive director shall appoint one (1) or more special monitors, if the deficiency threatens serious bodily harm to the patients or residents of the facility. The executive director may appoint a special monitor…

(a) All acute care hospitals, birthing centers, prescribed child care centers, and ambulatory surgical treatment centers in Tennessee licensed pursuant to this part shall adopt, in the discretion of the institution and in consultation with the institution's medical staff, appropr…

(a) The general assembly finds and declares as fact, with regard to ambulatory surgical treatment centers that terminate pregnancies, that:(1) Over twenty-one thousand (21,000) abortions are performed annually in Tennessee;(2) The majority of these abortions are performed in ambu…

(a) For the purposes of this section:(1) “Clinical nurse specialist” means a nurse duly licensed under title 63, chapter 7 who has a master's degree or higher in a nursing specialty, has national specialty certification as a clinical nurse specialist, and is recognized by the boa…

(a) This section applies to situations in which licensed nursing homes suffer the unexpected loss of an administrator and provide for procedures to be followed in such cases. (b) “Unexpected loss” means the absence of a nursing home administrator due to serious illness or incapac…

(a) (1) The commission shall establish, by rules and regulations, standards by which a home medical equipment provider shall be licensed. The commission shall provide by rule that any home medical equipment provider accredited by the joint commission on accreditation of health ca…

(a) A hospital shall not require hospital-based physicians to:(1) Pay for the cost of the use of necessary medical equipment related to the provision of medical services by the hospital-based physicians; or(2) Share in the cost of advertising related to their services or services…

(a) As used in §§ 68-11-228 — 68-11-231, “home care organization” has the meaning as set forth in § 68-11-201. (b) (1) Except as otherwise provided, “solicit,” as used in §§ 68-11-228 — 68-11-231, means contact with a patient knowingly being treated by another home care organizat…

It is unlawful for any home care organization, through its officers, directors, employees or agents, to knowingly solicit any patient to change home care organizations, if that patient is being treated at the time by another home care organization.

(1) The purpose of §§ 68-11-228 — 68-11-231 is to promote and maintain the necessary quality and continuity of care provided by a home care organization to its patients. Nothing contained in these sections shall:(1) Limit the right of a home care organization patient to change ho…

(1) As used in this part:(1) “Commission” means the health facilities commission;(2) “Controlling person” means:(A) A business entity, officer, program administrator, or director whose responsibilities include the direction of the management or policies of a temporary healthcare …

(a) A temporary healthcare staffing agency shall:(1) Retain documentation that each direct care staff contracted with or employed by the agency meets all licensing, certification, training, and continuing education standards for the position in which the direct care staff will be…

(a) A temporary healthcare staffing agency shall not:(1) Restrict in any manner the employment opportunities of any direct care staff that is contracted with or employed by the agency, including, but not limited to, using contract buy-out provisions or contract non-compete clause…

(a) A temporary healthcare staffing agency shall not be operated, maintained, or advertised in this state without registering with the commission. Each separate location of a temporary healthcare staffing agency shall register and obtain a separate registration. (b) Each applicat…

(a) A temporary healthcare staffing agency shall submit biannual reports to the commission. (b) The commission shall promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to establish requirements for temporary healthcare s…

(a) The commission shall revoke the registration of a temporary healthcare staffing agency that knowingly provides to a healthcare facility a direct care staff with an illegally or fraudulently obtained or issued diploma, registration, license, certificate, criminal records check…

(a) If the commission imposes sanctions on a temporary healthcare staffing agency following a disciplinary proceeding, then the commission may require a temporary healthcare staffing agency to pay the actual and reasonable costs of the investigation and prosecution of the discipl…

The executive director shall promulgate rules to effectuate this part no later than September 1, 2023. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and may be promulgated as emergency rules pursuant to…

A home care organization found in violation of § 68-11-229 shall be subject to an injunction by either a circuit or chancery court of competent jurisdiction prohibiting further solicitation. An action seeking injunctive relief may be initiated by any home care organization. The p…

(a) Nothing in this chapter shall require or authorize the state medicaid agency or a managed care organization to approve, supply or cover the services set out in § 68-11-201 for assisted-care living facilities. (b) Nothing in this chapter shall require or authorize the state me…

(a) A home care organization that provides home health services or hospice services shall require a criminal background check of persons who apply for employment with the organization as a paid employee and provider of direct care to a patient, prior to such persons being employe…

(a) All “prescribed child care centers” as defined in § 68-11-201 shall initiate a criminal background check on any person who is employed by or who wishes to volunteer in a capacity that involves providing direct care to a child, prior to or within seven (7) days of employment o…

(a) As used in this section, the term “nursing home” or “facility” means any nursing home as defined in § 68-11-201. (b) No later than August 1, 2004, any nursing home that is not fully sprinklered as of May 3, 2004, must provide a smoke alarm or smoke detector, or both, in each …

(a) The term “facility” as used in this section means any assisted-care living facility, as that term is defined in § 68-11-201. (b) No later than one hundred twenty (120) days after July 1, 2004, any licensed facility that is not fully sprinklered as of July 1, 2004, must provid…

(a) The term “facility” as used in this section means:(1) Any home for the aged, as such term is defined in § 68-11-201, that is licensed for twelve (12) or more beds in which all residents live on the ground floor; or(2) Any home for the aged that has two (2) or more stories in …

(a) Notwithstanding any law to the contrary, hospitals subject to the open meetings laws compiled in title 8, chapter 44, or the public records laws compiled in title 10, chapter 7, may discuss and develop marketing strategies and strategic plans in closed meetings, not open to t…

(a) As used in this section:(1) “Central service department” means a department within a healthcare facility that processes, issues, and controls medical supplies, devices and equipment, both sterile and nonsterile, for patient care areas of a healthcare institution;(2) “Central …

Notwithstanding any rule to the contrary, a nursing home, as defined in § 68-11-201, is authorized to participate in a drug donation repository program under title 63, chapter 10 until such time as the board for licensing health care facilities promulgates rules to effectuate suc…

(a) Notwithstanding this title or any rule, the board for licensing health care facilities is directed to use emergency rulemaking under § 4-5-208 to promulgate rules by January 1, 2018, to permit facilities licensed under this part to dispose of controlled substances and other p…

(a) For purposes of this section:(1) “Maintenance of certification” means any process requiring periodic recertification examinations or other activities to maintain specialty medical board certification; and(2) “Organized medical staff” means an organized body composed of indivi…

(a) A business associate, as that term is defined in 45 CFR § 160.103, shall comply with:(1) The Health Insurance Portability and Accountability Act (HIPAA) (42 U.S.C. § 1320d et seq.) and standards for privacy of individually identifiable health information required by 45 CFR Pa…

(a) As used in this section:(1) “Ambulatory outpatient hospital clinic” means a clinic or physician office that is owned and operated by a hospital licensed under this title and that provides treatment to patients who are not admitted as inpatients to the hospital;(2) “Certified …

(a) As used in this section:(1) “Communication” means written or electronic correspondence among a healthcare facility, health insurance entity, or provider concerning a prior authorization;(2) “Health insurance coverage” has the same meaning as defined in § 56-7-109;(3) “Health …

(a) A facility is authorized to establish policies pursuant to which a suitable number of persons may be employed, commissioned, or contracted through a private third party, as police officers, public safety officers, and security officers by the facility; provided, that the chie…

Notwithstanding another law, the department of health shall make available to the executive director of the health facilities commission all internal audits that pertain to the board for licensing healthcare facilities, the office of health care facilities, or the support staff o…

(a) As used in this section:(1) “COVID-19” means the novel coronavirus, SARS-CoV-2, and coronavirus disease 2019, commonly referred to as COVID-19, including any variant of SARS-CoV-2 or COVID-19;(2) “Family member” means a spouse, parent, grandparent, stepmother, stepfather, chi…

Notwithstanding another law, the home addresses, telephone numbers, dates of birth, and photographs of current or former personnel of the health facilities commission or board for licensing healthcare facilities whose duties include the investigation of complaints filed against h…

(a) (1) Health care equipment provided to a health care institution from lessors shall clearly state the name of the lessor and the date of the last inspection by the lessor.(2) The notice providing such information shall be prominently displayed on the health care equipment. (1)…

(a) The health facilities commission shall promulgate rules pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to provide optimal emergency medical, surgical, and critical care services for pediatric patients in facilities it licenses and has t…

(a) The executive director has the authority to suspend the admission of any new patients or residents to any facility or licensee in those cases where the executive director has a factual basis upon which to believe that the conditions in any such facility or licensee are, or ar…

(a) As used in this section, unless the context otherwise requires:(1) “Board” means the state board for licensing contractors created by title 62, chapter 6;(2) “Certified medical gas installer” means a person who has qualified for certification by the successful completion of a…