Skip to content

Wellness Legislation Clears Key Hurdles, Corporate Practice Reform Advances

Back to Political Pulse

Wellness Legislation Clears Key Hurdles, Corporate Practice Reform Advances

A bill aimed at establishing new licensure protections for health care providers is progressing through the Tennessee General Assembly.

As introduced, SB359/HB1203 by TMA members Sen. Richard Briggs, MD (R-Knoxville) and Rep. Sabi Kumar, MD (R-Springfield) would authorize the Board of Medical Examiners (BME) and the Board of Osteopathic Examination (BOE) to issue conditional licenses to new state applicants who disclose past mental health diagnoses during a confidential preliminary interview. The issuance of the license would not be reportable to the National Practitioner Data Bank.

Under the proposal, the “private advocacy order” stipulates that the applicant must participate in and successfully complete a peer assistance program in order to receive the license; however, the order itself is not deemed a restriction on the license. Such orders would be confidential, privileged and not public record unless the applicant failed to fulfill his or her program obligation and disciplinary proceedings were initiated.

The legislation builds upon the success of the Tennessee Wellness Law, passed by TMA last year and effective on Jan. 1 of this year, which authorizes state licensing boards to enter into confidential “executive sessions” to assess mental health history of applicants. Prior to the passage of this law, these proceedings were open to the public. Without this key provision, the legislation filed this year would not be feasible.

TMA members, Dr. Reeves Johnson and Dr. Michael Baron, are spearheading the legislative effort. The former is past President of the Board of Medical Examiners while the latter is the current Medical Director of the Tennessee Medical Foundation. Both physicians have played an active role in helping to reduce mental health stigma for health care professionals in Tennessee and continue to advocate for greater protections.

The bill has swiftly progressed through the legislature, having passed unanimously on the Senate floor on Monday and in the House Health Subcommittee on Wednesday. The measure is set to be considered in the full House Health Committee hearing next Tuesday, March 25 at 1:30pm CT. Once passed, the law will take effect immediately.

CORPORATE PRACTICE OF MEDICINE

Legislation seeking to allow certain physicians to be employed by rural hospitals advanced out of the House Health Subcommittee on Wednesday.

As amended, SB764/HB979 by Sen. Paul Bailey (R-Sparta) and Rep. Ryan Williams (R-Cookeville) would eliminate the longstanding prohibition on hospitals employing radiologists, anesthesiologists, pathologists and emergency physicians under certain conditions, otherwise known as the corporate practice of medicine doctrine. The policy has come under increased scrutiny by lawmakers over the past several years as some hospitals have cited difficulty in maintaining sufficient workforces, particularly in rural regions of the state.

Under the proposal, hospitals could directly employ these four physician specialties in children’s hospitals or hospitals located in counties with a population under 105,000, which includes all but 13 of Tennessee’s most populous counties. As a condition of this employment, the legislation stipulates that these physicians would be allowed to work for a specific rural hospital rather than the entire health system. The bill also specifies that the hospital shall not restrict or interfere with medically appropriate treatment or referral decisions, a provision that hearkens back to the policy’s original justification.

The measure is a product of months-long discussions among several key stakeholders, including the Tennessee Hospital Association (THA), the Tennessee Society of Anesthesiologists (TSA), the Tennessee Radiological Society (TRA) and the TMA, who has served primarily in a brokerage position.

Despite a conceptual agreement about the bill’s language related to corporate practice, the inclusion of one key provision garnered some opposition: a state licensure pathway for certified anesthesiologist assistants (CAAs). A similar measure was introduced in last year’s session but failed to gain enough favor to pass despite active lobbying from the TSA and the TMA. Its sole opponents include the certified registered nurse anesthetists (CRNAs).

TMA member and Chattanooga-based anesthesiologist, Dr. Louis Chemin, testified in favor of the legislation, pointing to his experience working with both CRNAs and CAAs and attesting to the expertise and training of both professions.

Despite oppositional testimony from two CRNAs, the bill successfully advanced out of the committee on a 6-1-2 vote, under the caveat that the CRNAs’ concerns be addressed prior to the bill being taken up for a vote in the full committee next Tuesday, March 25 at 1:30pm CT.

PSYCHOLOGIST PRESCRIBING

A bill that would grant psychologists prescribing authority with less oversight than is currently required by other advanced practice professionals is on notice in both chambers next week.

The measure, SB911/HB996 by Sen. Ferrell Haile (R-Gallatin) and Rep. Brock Martin (R-Huntingdon), would establish a new licensure certificate for psychologists and allow them prescribe controlled substances (except opiates and narcotics) and order lab tests, devices or treatment. The proposal sets forth certain eligibility requirements that a psychologist must meet in order to obtain this prescribing authority, including a post-doctoral master’s degree in clinical psychopharmacology, completion of an exam determined by the psychology board, and completion of a one-year fellowship under the supervision of a physician or prescribing psychologist.

Due to the limited educational and collaboration requirements, TMA and the Tennessee Psychiatric Association are actively opposing the bill. Members are encouraged to reach out to both the House Health Subcommittee and Senate Health & Welfare Committee members urging them to vote “no” when the bill is taken up next week on Wednesday, March 26 at noon CT and 1:00 pm CT, respectively. Talking points are linked in the call-to-action below. If you are a constituent of any of these members, you can email them directly through TMA’s grassroots platform.

House Health Subcommittee:

Senate Health & Welfare Committee:


Powered By GrowthZone
Scroll To Top