(a) Subject to subsections (b) and (c), a volunteer health practitioner shall adhere to the scope of practice for a similarly licensed practitioner established by the licensing provisions, practice acts, or other laws of this state.
Terms Used In Tennessee Code 58-2-808
Emergency: means an occurrence, or threat thereof, whether natural, technological, or manmade, in war or in peace, that results or may result in substantial injury or harm to the population, or substantial damage to or loss of property. See Tennessee Code 58-2-101
Health practitioner: means an individual licensed under any chapter of titles 62, 63 or 68, or their counterparts in another state, to provide health services. See Tennessee Code 58-2-802
Health services: means : (A) The provision of treatment, care, advice or guidance, other services, or supplies related to the health or death of individuals or human populations, to the extent necessary to respond to an emergency, including:(i) The following, concerning the physical or mental condition or functional status of an individual or affecting the structure or function of the body: (a) Preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care. See Tennessee Code 58-2-802
Person: means an individual, corporation, business trust, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Tennessee Code 58-2-802
Scope of practice: means the extent of the authorization to provide health services granted to a health practitioner by a license issued to the practitioner in the state in which the principal part of the practitioner's services are rendered, including any conditions imposed by the licensing authority. See Tennessee Code 58-2-802
State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Tennessee Code 58-2-802
(b) Except as otherwise provided in subsection (c), this part does not authorize a volunteer health practitioner to provide services that are outside the practitioner’s scope of practice, even if a similarly licensed practitioner in this state would be permitted to provide the services.(c)TEMA may modify or restrict the health services that volunteer health practitioners may provide pursuant to this part. An order under this subsection (c) may take effect immediately, without prior notice or comment, and is not a rule within the meaning of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.(d) A host entity may restrict the health services that a volunteer health practitioner may provide pursuant to this part.(e) A volunteer health practitioner does not engage in unauthorized practice unless the practitioner has reason to know of any limitation, modification, or restriction under this section or that a similarly licensed practitioner in this state would not be permitted to provide the services. A volunteer health practitioner has reason to know of a limitation, modification, or restriction or that a similarly licensed practitioner in this state would not be permitted to provide a service if:
(1) The practitioner knows the limitation, modification, or restriction exists or that a similarly licensed practitioner in this state would not be permitted to provide the service; or(2) From all the facts and circumstances known to the practitioner at the relevant time, a reasonable person would conclude that the limitation, modification, or restriction exists or that a similarly licensed practitioner in this state would not be permitted to provide the service.(f) In addition to the authority granted by law of this state other than this part to regulate the conduct of health practitioners, a licensing board or other disciplinary authority in this state:
(1) May impose administrative disciplinary sanctions upon a health practitioner licensed in this state for conduct outside of this state in response to an out-of-state emergency;(2) May impose civil penalties pursuant to § 63-1-134 upon a practitioner not licensed in this state for conduct in this state in response to an in-state emergency; and(3) Shall report any civil penalty imposed upon a practitioner licensed in another state to the appropriate licensing board or other disciplinary authority in any other state in which the practitioner is known to be licensed.(g) In determining whether to impose administrative disciplinary sanctions or civil penalties under subsection (f), a licensing board or other disciplinary authority shall consider the circumstances in which the conduct took place, including any exigent circumstances, and the practitioner’s scope of practice, education, training, experience, and specialized skill.
