Boards and Commissions

Plain English Breakdown

The official source does not provide information on consequences for non-compliance by nursing boards.

Health Boards and Nursing Licenses

This bill creates a rule that nursing boards must deny or not renew licenses for people who have been convicted of specific alcohol-related crimes within the last five years if certain conditions are met.

What This Bill Does

• Establishes a rebuttable presumption that the board of nursing must deny an application or refuse to renew a license if the applicant or licensee has been convicted in the past five years of driving under the influence, vehicular assault, aggravated vehicular assault, vehicular homicide, aggravated vehicular homicide, or similar offenses from another state.
• Requires evidence showing the person's blood alcohol level was at least twice the legal limit during the offense and that an injury occurred to another person.
• If the board approves a license application or renewal despite meeting these criteria, it must provide written findings explaining why.

Who It Names or Affects

• People applying for or trying to renew a nursing license in Tennessee.
• The board of nursing responsible for reviewing and deciding on licensing applications.

Terms To Know

rebuttable presumption

A rule where something is assumed true unless proven otherwise.

conviction

When a court finds someone guilty of breaking the law.

Limits and Unknowns

• The bill does not specify what happens if nursing boards do not follow these rules.
• It is unclear how this will affect people who have already been licensed before this rule was made.

Official Summary Text

W
hen the board of nursing considers whether to deny an application for a license, registration, certification, or other authorization by the board of nursing to engage in the practice of professional nursing or another profession
("license")
to an applicant or whether to refuse to renew a license,
this bill provides that
there is a rebuttable presumption that the board must deny the application or refuse to renew the license if
all of the following criteria is met:



The applicant or licensee has been convicted in the last five years of driving under the influence,

vehicular assault, aggravated vehicular assault,

vehicular homicide,

aggravated vehicular homicide,
or
an offense committed in another state that would constitute any of the
se
offenses
.


There was evidence involving an offense
as described above
that the alcohol concentration in the person's blood or breath was at least twice the limit
.


There was evidence that an injury occurred to another person during the commission of
an
offense
as
described above.

WRITTEN FINDINGS

If the board approves a license application or renews a license for an applicant that meets the
above
criteria, then
this bill requires
the board
to
make written findings as to why the board approved or renewed the license.

RULEMAKING

This bill authorizes the
board of nursing to promulgate rules to effectuate this
bill
.

Current Bill Text

SENATE BILL 2345
By Seal

HOUSE BILL 2107
By Terry
HB2107
012048
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 63,
relative to health related boards.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 63, Chapter 7, Part 1, is amended by
adding the following as a new section:
63-7-132.
(a) Notwithstanding § 63-1-130 or another law to the contrary, when the board of
nursing considers whether to deny an application for a license to an applicant or whether
to refuse to renew a license, there is a rebuttable presumption that the board must deny
the application or refuse to renew the license if:
(1) The applicant or licensee has been convicted in the last five (5) years
of:
(A) Driving under the influence under § 55-10-401;
(B) Vehicular assault under § 39-13-106;
(C) Aggravated vehicular assault under § 39-13-115;
(D) Vehicular homicide under § 39-13-213(a)(2);
(E) Aggravated vehicular homicide under § 39-13-218; or
(F) An offense committed in another state that would constitute
any of the offenses in subdivisions (a)(1)(A)-(E);
(2) There was evidence involving an offense under subdivision (a)(1) that
the alcohol concentration in the person's blood or breath was at least twice the
limit under § 55-10-401(2); and

- 2 - 012048

(3) There was evidence that an injury occurred to another person during
the commission of the offense under subdivision (a)(1).
(b) If the board approves a license application or renews a license for an
applicant that meets the criteria in subsection (a), then the board shall make written
findings as to why the board approved or renewed the license.
(c) As used in this section, "license" means any license, registration,
certification, or other authorization by the board of nursing to engage in the practice of
professional nursing or another profession regulated by this chapter.
(d) The board of nursing is authorized to promulgate rules to effectuate this
section. The rules must be promulgated in accordance with the Uniform Administrative
Procedures Act, compiled in title 4, chapter 5.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.