Evidence

Plain English Breakdown

The official source material does not provide specific details on how the bill will affect the number of cases in which nurse practitioners and physician assistants can provide expert testimony.

Allowing Nurse Practitioners and Physician Assistants to Testify in Civil Cases

This bill allows licensed nurse practitioners and physician assistants who are qualified as experts under Tennessee's rules of evidence to testify about medical findings in civil cases, except for health care liability actions or workers' compensation claims.

What This Bill Does

• Allows licensed nurse practitioners and physician assistants who are properly qualified as experts under the Tennessee Rules of Evidence to testify about certain medical findings in civil cases other than health care liability actions or workers' compensation claims.

Who It Names or Affects

• Licensed nurse practitioners and physician assistants who are qualified as experts under Tennessee's rules of evidence.
• People involved in civil cases where expert testimony on medical findings is needed, excluding those involving health care liability actions or workers' compensation claims.

Terms To Know

Civil action

A lawsuit between individuals or organizations to resolve disputes over money, property, or other issues that do not involve criminal charges.

Health care liability action

A legal case where a patient sues a healthcare provider for medical malpractice or negligence.

Limits and Unknowns

• The bill does not apply to health care liability actions or workers' compensation claims.
• It is unclear how this change will affect the number of cases in which nurse practitioners and physician assistants can provide expert testimony.

Official Summary Text

In the trial of any civil suit,
present law provides that
there
must be
received in evidence if offered on behalf of any party, opinions as to medical findings as a result of treatment or examination of the party, whether such opinions are based on subjective or objective findings
. S
uch opinions are those of persons otherwise qualified as medical experts.

This bill authorizes a
licensed nurse practitioner or licensed physician assistant who is properly qualified as an expert under the Tennessee Rules of Evidence
to
testify as to the diagnosis of an injury or condition; the reasonable and necessary medical care provided; the reasonableness of the associated treatment charges; the medical cause of an injury, condition, or impairment; and any additional matters within
the scope of expert testimony ordinarily permitted to a physician under the Tennessee Rules o
f Evidence in any civil action other than
a
health care liability action or
a
workers' compensation claim.

Further, this bill does
not permit the inclusion of an advance practice registered nurse or physician assistant on any workers' compensation panel, or the provision of any testimony by an advance practice registered nurse or physician assistant in a workers' compensation case re
garding the injured worker's medical impairment rating or disability rating, or whether the injury is work-related.

Current Bill Text

SENATE BILL 2048
By Gardenhire

HOUSE BILL 2155
By Baum
HB2155
011872
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 24;
Title 29, Chapter 26 and Title 50, Chapter 6,
relative to opinions as to medical findings.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 24-7-115, is amended by designating
the existing language as subsection (a) and adding the following new subsections:
(b) A licensed nurse practitioner or licensed physician assistant who is properly
qualified as an expert under the Tennessee Rules of Evidence may testify as to the
diagnosis of an injury or condition; the reasonable and necessary medical care provided;
the reasonableness of the associated treatment charges; the medical cause of an injury,
condition, or impairment; and any additional matters within the scope of expert testimony
ordinarily permitted to a physician under the Tennessee Rules of Evidence in any civil
action other than:
(1) A health care liability action filed pursuant to title 29, chapter 26; or
(2) A workers' compensation claim filed pursuant to title 50, chapter 6.
(c) This section does not permit the inclusion of an advance practice registered
nurse or physician assistant on any workers' compensation panel pursuant to title 50,
chapter 6, or the provision of any testimony by an advance practice registered nurse or
physician assistant in a workers' compensation case regarding the injured worker's
medical impairment rating or disability rating, or whether the injury is work-related.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.