Tennessee SB 1284: Education, Dept. of - As introduced, directs the department to develop a parent management program training curriculum that can be offered to recently divorced parents in an after-school setting. - Amends TCA Title 36, Chapter 4 and Title 49.

Bill 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