Medical Occupations

Plain English Breakdown

The bill summary and official text do not provide specific details on the consequences for failing to comply with private advocacy orders beyond potential disciplinary action.

Medical Licensing Changes

This bill allows healthcare licensing boards to issue licenses under private advocacy orders that require applicants to participate in approved peer assistance programs if needed.

What This Bill Does

• During an informal initial application interview, the board of medical examiners may issue a license under a private advocacy order requiring the applicant to maintain participation in a peer assistance program approved by the board.
• The necessity for a private advocacy order must be individually tailored based on the applicant's condition and its impact on their ability to practice medicine safely.
• Failing to follow the requirements of a private advocacy order is considered a violation of medical licensing rules, leading to potential disciplinary action.
• Private advocacy orders are confidential unless formal disciplinary proceedings are initiated due to non-compliance.

Who It Names or Affects

• Healthcare providers applying for or renewing their licenses in Tennessee.
• The board of medical examiners responsible for issuing and regulating healthcare provider licenses.

Terms To Know

Private advocacy order

A requirement given to a healthcare provider by the licensing board to participate in a peer assistance program, aimed at helping them maintain professional standards despite health challenges.

Peer assistance program

A support system approved by the medical board that helps healthcare providers address personal or professional issues without affecting their license status.

Limits and Unknowns

• The bill does not specify what happens if a provider fails to comply with a private advocacy order.
• It is unclear how many healthcare providers will be affected by this new licensing requirement.

Official Summary Text

P
resent law prohibits the board of medical examiners ("board") from requiring an applicant for licensure to disclose career fatigue as a requirement for initial licensure. However, the board may enter into an executive session for any discussion or delibe
r
ation of a licensee or prospective licensee's health conditions, including mental health conditions and substance use disorders, revealed during an application process.

This bill adds that, during an informal initial application interview during such an
executive session, the board may, in its discretion, issue a license under a private advocacy order requiring the applicant to maintain advocacy of a peer assistance program approved by the board. Any determination regarding the necessity for a private a
d
vocacy order must be individually tailored to the applicant's condition and how it currently impairs the applicant's ability to practice medicine in a competent, ethical, and professional manner absent such advocacy.

This bill clarifies that a private
advocacy order is not a restriction on the license. However, for an individual practicing under a private advocacy order, failure to maintain the advocacy of the peer assistance program constitutes a violation of the practice act for which the board may
t
ake disciplinary action.

This bill provides that private advocacy orders are confidential, privileged, and not public records subject to inspection by citizens of this state. However, if a practitioner fails to maintain advocacy and formal disciplinary
proceedings are initiated as a result of that failure, then the private advocacy order becomes a public record.

ON APRIL 15, 2025, THE HOUSE SUBSTITUTED SENATE BILL 359 FOR HOUSE BILL 1203, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 359, AS AMENDED.

AMENDMENT #1 adds the provisions of this bill, as described in the bill summary, to the present law concerning licensure and regulation of osteopathic physicians.

Current Bill Text

HOUSE BILL 1203
By Kumar

SENATE BILL 359
By Briggs

SB0359
002022
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 63,
relative to healthcare provider licensing.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 63-6-106, is amended by designating
the existing language as subsection (a) and adding the following as a new subsection:
(b)
(1) During an informal initial application interview during an executive
session held pursuant to § 63-1-169, the board may, in its discretion, issue a
license under a private advocacy order requiring the applicant to maintain
advocacy of a peer assistance program approved by the board. Any
determination regarding the necessity for a private advocacy order must be
individually tailored to the applicant's condition and how it currently impairs the
applicant's ability to practice medicine in a competent, ethical, and professional
manner absent such advocacy. A private advocacy order is not a restriction on
the license.
(2) For an individual practicing under a private advocacy order, failure to
maintain the advocacy of the peer assistance program constitutes a violation of
the practice act for which the board may take disciplinary action.
(3) Private advocacy orders are confidential, privileged, and not public
records subject to inspection by citizens of this state, as described in §§ 8-44-
104(a) and 10-7-503. However, if a practitioner fails to maintain advocacy and

- 2 - 002022

formal disciplinary proceedings are initiated as a result of that failure, then the
private advocacy order becomes a public record.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.