The information on this page was last updated by Horty, Springer & Mattern on March 22, 2023.
Tenn. Code Ann. §68-11-218. Reports of disciplinary action taken; immunity
§ 68-11-218. Reports of disciplinary action taken; immunity
(a) The chief administrative official of each hospital or other facility shall report to the respective licensing board, committee, council, or agency the following:
(1) Any disciplinary action taken concerning any person licensed under title 63 or this title, when the action is related to professional ethics, professional incompetence, negligence, moral turpitude, or drug or alcohol abuse; and
(2) Any information that the chief administrative official reasonably believes indicates that a person licensed under title 63 or this title has been referred to or participated in a professional assistance program on two (2) or more separate occasions because the person:
(A) Inappropriately prescribed an opioid;
(C) Engaged in sexual activity with a patient; or
(D) Has a mental or physical impairment that prevents the person from safely practicing the licensed profession.
(b)(1) A report to a licensing board, committee, council, or agency made pursuant to subdivision (a)(1) must be in writing and must be made within sixty (60) days of the date of a disciplinary action described in subdivision (a)(1).
(2) A report to a licensing board, committee, council, or agency made pursuant to subdivision (a)(2) must be in writing, must be made on or before January 31 of each year, and must cover any referrals occurring during the previous calendar year.
(c) For purposes of this section, “disciplinary action” includes termination, suspension, reduction, or resignation of hospital privileges for any of the reasons listed in subsection (a).
(d) Notwithstanding § 63-1-150
, § 63-6-228
, or any other provision to the contrary, the hospital or facility shall make available to the respective licensing board, committee, council, or agency, for examination all records pertaining to a disciplinary action described in subdivision (a)(1).
(e) Any individual who, as a member of any committee, an employee, or a contractor of any hospital or facility, files a report pursuant to this section, is immune from liability to the extent provided in § 63-1-150