Boards and Commissions

Plain English Breakdown

The candidate explanation included details that were not fully supported by the provided official source material, such as specifying all three criteria must be met for a rebuttable presumption to apply.

Health Boards and Licensing

This bill establishes rules for health boards to follow when deciding whether to deny or renew licenses for nursing professionals who have certain alcohol-related convictions.

What This Bill Does

• Creates a rule that if someone applying for or renewing a nursing license has been convicted of driving under the influence, vehicular assault, aggravated vehicular assault, vehicular homicide, or aggravated vehicular homicide within five years and there is evidence showing their blood alcohol level was twice the legal limit during the offense and an injury occurred to another person, they are presumed to have their application denied.
• Requires health boards to write down reasons if they decide to approve a license for someone who meets these criteria.
• Gives the board of nursing permission to make rules about how to follow this new law.

Who It Names or Affects

• People applying for or renewing nursing licenses in Tennessee.
• The board of nursing and other health-related boards in Tennessee.

Terms To Know

rebuttable presumption

A rule that says something is true unless someone can prove it's not true.

conviction

When a court decides someone is guilty of breaking the law.

Limits and Unknowns

• The bill does not specify what happens if the board approves a license despite meeting the criteria.
• It's unclear how this will affect nursing professionals who have convictions but do not meet all three criteria mentioned in the bill.

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

HOUSE BILL 2107
By Terry

SENATE BILL 2345
By Seal
SB2345
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.