Tennessee Nurses Association
2011 Legislation of Interest
Bills of most critical concern are listed below, along with TNA's position.
(Please note: hyperlink to each bill is included, allowing access to the full text of bill.)
SB 0170 Sunset - board of nursing. Extends the termination date for the board of nursing from
Watson B. June 30th, 2010 to June 30th, 2016; reduces maximum period a member may serve on the
HB 0244 board, from 12 to eight consecutive years. SUPPORT
SB 0344 Nursing terminology - advanced practice registered nurse. Changes the terms, "nurse
Overbey practitioner" and "advanced practice nurse" (APN), to "advanced practice registered nurse"
HB 0299 (APRN). Makes consistent throughout the TN Code.
Harrison TNA SPONSORED LEGISLATION
SB 1258 Regulation of pain management clinics. Establishes procedures for pain clinics to
Yager become certified by the board of medical examiners. Allows the board to inspect the pain
HB 1040 clinic and investigate complaints. Requires that except for investor-owned clinics, the pain
Ramsey B. clinic must be majority owned by a physician or co-owned with other physicians. Prohibits
such physician/owner from being convicted of a felony or a illegal drug-related
misdemeanor. Requires that all pain clinics must be operated by a medical director who is
a physician and practices in this state under an unrestricted license. Establishes procedures
to revoke or suspend certificates issued by the board. Requires clinic to post certificate in a
conspicuous location that is clearly visible to patients. Establishes monetary fines for
certain violations. (14 pp.) OPPOSE AS WRITTEN
SB 1457 Regulation of pain management facilities: As introduced, authorizes the board for
Overbey licensing health care facilities to establish rules and regulations concerning the operation
HB 1636 and licensing of pain management facilities. - Amends TCA Title 68, Chapter 11. CRNA,
Dennis PA, TNA SPONSORED LEGISLATION
SB 1291 Motorcycle helmets not required for nonresidents. Exempts nonresidents, 21 years of
Southerland age or older who are from states that do not require motorcycle helmets, from having
HB 1811 wearing a helmet while driving in this state. OPPOSE
SB 1466 Riding of motorcycle without helmet. Allows persons who are 21 years of age and who
Bell possess proof of comprehensive medical coverage providing at least $15,000 in medical
HB 1673 benefits for injuries from a crash to ride a motorcycle without a helmet. OPPOSE
SB 1703 Home health services - assistance with medication. State Summary: As introduced,
Burks establishes requirements for home health companies to provide assistance with medication
HB 2031 to clients; requires background checks of employees, recordkeeping, and waiver. - Amends
Curtiss TCA Title 63, Chapter 7 and Title 68. OPPOSE
SB 1935 Interventional pain management: As introduced, establishes requirements for the
McNally supervision of nurses and physician assistants by certain physicians when engaged in
HB 1896 interventional pain management. - Amends TCA Title 63. OPPOSE
SB 2072 Assisting clients with medication in the clients' homes. Specifies that a person who
Burks provides personal support services to clients living in their own home must, prior to
HB2121 assisting the client with medication, have received training in medication assistance
Curtiss developed by a registered nurse. OPPOSE
The following list of bills are being monitored by TNA.
(Please note: abstracts for Tort Reform/Tort Liability bills are not included due to lengthy language of each bill.
As stated earlier, each bill may be accessed by using attached hyperlink.)
SB 0112 Certified intern of alcohol and drug abuse counseling. Requires the alcohol and drug
Johnson J. licensure board to establish two tiers of licenses and a certification process for persons to
HB 0157 be recognized as a certified intern of alcohol and drug abuse counseling. Authorizes only a
Casada licensed alcohol and drug abuse counselor, a certified intern of alcohol and drug abuse
counselor, or any other health care provider who is licensed by a health related board
covering this scope of practice to provide alcohol and drug counseling services.
Establishes the application process and eligibility requirements for certification as a
certified intern of alcohol and drug abuse counselor.
SB 0249 Tort Reform- Medical Malpractice & Products Liability.
SB 0250 Tort Liability: Changes to venue, damages, and certain civil actions.
SB 0324 TN Medication Therapy Monitoring and Management Act of 2011. Creates the "TN
Watson B. Medication Therapy Monitoring and Management Act of 2011," which is a formal process
HB 0292 of administrative, clinical, and educational actions to monitor a patient's response to
Maggart medication. Authorizes the prescriber to request notification of an interchange from the
pharmacist for a specifically identified patient and a specific drug as ordered on the
prescription. Requires the prescriber, in his/her own handwriting, to write: "Notify of
Interchange" or "NOI" if such notification is requested.
SB 0326 Health Care Compact. Enacts health care compact, declaring that member states have the
Beavers primary responsibility to regulate health care policy within their states. Makes effective
HB 0369 upon adoption by the member states and consent of the federal congress. Declares that
White member states have the right to federal funding according to mandatory spending formula.
Creates an interstate advisory health care commission.
SB 0335 Tennessee Medication Therapy Monitoring & Management Act. Deletes current
Haile section of the code regulating the changing of manufacturers of prescription drugs to fill a
HB 0297 prescription treating epilepsy. Creates the Tennessee Medication Therapy Monitoring and
Evans Management Act of 2011 which requires pharmacists to notify patients and prescribers of
any changes in the manufacturer of prescriptions being filled, and provides for various
exclusions. Requires prescribers to write on the prescription label to notify them of drugs
released to the patient by a different manufacturer than the one prescribed.
Assignment of benefits to a health care provider. Alters conditions regarding contracts
SB 0361 of assignment of benefits to a health care provider. Requires an assignment of benefits to a
Johnson J. health care provider be disregarded if the health care facility fails to include the changed
HB 0303 language in its written notice to the insured.
SB 0416 Special joint committee to evaluate acute adverse actions. Creates a special joint
Crowe legislative committee to evaluate and make recommendations on acute adverse actions
HB 0428 which involve either fines of more than $1,000 or suspension of a license for more than
Ford seven days. Sets out guidelines for membership and appointment and requires the
committee to meet upon receiving notice of an agency taking an acute adverse action to
evaluate the agency's decision.
SB0418 Acute adverse action taken against any person by agency. Requires any agency that
Crowe takes "acute adverse action" against any person, which is defined as a fine or monetary
HB0427 penalty greater than $1,000 or suspension of a person's license for more than seven days, to
Ford notify the chairperson of the government operations committees of both the house and
senate within 72 hours of taking such action.
SB 0484 TN Patient & Quality Improvement Act of 2011. Establishes the "TN Patient Safety and
Overbey Quality Improvement Act of 2011." Encourages the improvement of patient safety and
HB 1158 quality. Defines "quality improvement committee" or "QIC" as a committee formed by a
Dennis health care organization for the purpose of evaluating the safety, quality, processes, cost,
or necessity of health care services by performing functions including, but not limited to:
evaluation of qualifications and competence of health care providers or the discipline of
any individual health care provider, reduction of morbidity or mortality, establishment and
enforcement of guidelines designed to keep the cost of health care within reasonable
bounds, research, evaluation of the quality and timeliness of the health care services
rendered to patients, and improvement of methods and procedures being utilized. Requires
records of a QIC to be confidential and privileged and must be protected from direct or
indirect means of discovery. Prohibits any information not produced for use by a QIC from
being construed as immune from discovery or use in any judicial or administrative
proceedings merely because such information was presented during proceeding of such
SB 0505 Proof of licensure of health care practitioners. Requires certain additional health care
Watson B. practitioners, including podiatrists, advanced practice nurses, physician assistants,
HB 0597 psychologists, acupuncturists, professional midwives, and more, to communicate proof of
Casada their licenses or certificates of registration by placing such proof in each office, wearing
certain identification, in writing to patient at the initial office visit, and on their website, if
SB 0611 Restrictive covenants for nonphysician providers. Applies the physician statute
Overbey concerning restrictive covenants to nonphysician health care providers. Redefines
HB 0832 "employing entity" concerning the "practice of medicine."
SB 0686 Outpatient cosmetic medical procedures - licensure. Empowers the board to license and
Tracy regulate cosmetic medical procedure clinics where outpatient elective cosmetic medical
HB 0977 procedures are performed and prohibits operation without a license. Requires the clinic to
Sparks follow the current license application process used for healthcare facilities to gain license
approval from the board. Requires licensed physicians directly supervise cosmetic
SB 0791 Board of medical examiners to regulate genetic counselors. Recognizes that the board
Overbey of medical examiners has the power to promulgate rules and regulations to administer the
HB 0344 Genetic Counselors Licensing Act. Broadly captioned.
SB 0817 Authentication of verbal orders. Requires that hospitals authenticate all verbal orders by
Crowe a physician or responsible individual who has the authority to issue verbal orders in
HB 0829 accordance with hospital policies or medical staff bylaws. Establishes that policies or
Hensley bylaws must requires that authentication of verbal orders occur within 48 hours after the
time the order was made and the individual receiving a verbal order must record the date
and time of such order. Establishes that a read-back and verify process must require that
the individual receiving the order immediately read back the order to the physician, who
must immediately verify that the read-back order is correct.
SB 0901 Licensure of health care professional denied for felony. Prohibits any board assigned to
Watson B. the division of health related boards from issuing or renewing a license to any health care
HB 1070 professional or applicant, who might be allowed to engage in direct patient care as part of
Rich that professional's scope of practice, when such person has been convicted of any felony in
TN. Broadly captioned.
SB 0938 Tort reform regarding punitives, noneconomic losses.
SB 1017 TN Medication Therapy Monitoring and Management Act of 2011. Allows a
Haile pharmacist to determine that a drug interchange in regard to an anti-epileptic drug used to
HB 1615 prevent seizures is acceptable provided that the prescriber is notified of the interchange to
Shepard allow appropriate medication therapy monitoring and management. Clarifies that the
request for pharmacist notification must be for a specifically identified patient and a
specific drug as ordered on the prescription. Specifies that it cannot be requested for a class
of drugs. Requires prescriber to write "Notify of Interchange" or "NOI" in his own
handwriting. Specifies that prescriber notification will only be in force for the time period
that the prescription order is valid. Requires notification to be entered into patient's chart
and documented as received.
SB 1018 TN Medication Therapy Monitoring and Management Act of 2011. As introduced,
Haile enacts the "Tennessee Medication Therapy Monitoring and Management Act of 2011" for
HB 1614 immunosuppressant and anti-epileptic drugs.
SB 1026 Unauthorized practice of medicine. As introduced, reduces the penalty for unauthorized
Ketron practice of medicine from a Class B to a Class C misdemeanor.
SB 1039 Licensure of person from another state with military spouse. Directs the health related
Ketron boards and the boards attached to the division of regulatory boards to develop a procedure
HB 0968 to expedite the licensing or certification of persons who were licensed or certified in
Curtiss another state and accompanied their spouse, who is the subject of a military transfer, to
Tennessee. Permits temporary licensure for persons while they are waiting to meet new
requirements for Tennessee license.
SB 1522 Tennessee Civil Justice Act of 2011. Enacts the "Tennessee Civil Justice Act of 2011."
Norris (Part of Administration Package, Tort Reform)
SB 1856 Nonemergent primay care from public health departments. As introduced, requires
Crowe commissioner of finance and administration to seek an amendment to the TennCare waiver
HB 1146 to require TennCare enrollees to seek all of their nonemergent primary care from public
Casada health departments; requires MCOs to contract with public health departments; requires
bureau of TennCare to provide certain financial assistance to local health departments.
SJR 0078 Study on making health-related boards autonomous. Creates a special joint committee
Watson B. to study the feasibility of establishing a system to make certain health-related boards and
commissions more autonomous.