§ 33-2-422 — Differentiation between licensed physicians based on maintenance of certification

(a) For purposes of this section: (1) "Maintenance of certification" means any process requiring periodic recertification examinations or other activities to maintain specialty medical board certification; and (2) "Organized medical staff" means an organized body composed of individuals appointed by a facility's governing board that operates under bylaws approved by the governing body and is responsible for the quality of medical care provided to patients by the facility. (b) Except as otherwise provided by this section, facilities licensed under this title may only differentiate between licensed physicians based on a physician's maintenance of certification in medical staff privileging and credentialing when authorized through the following process: (1) The voting members of the facility's organized medical staff vote to adopt the differentiation; and (2) The facility's governing body reviews and approves the action of the medical staff. (c) An authorization described by subsection (b) may: (1) Establish terms applicable to the facility's differentiation, including: (A) Appropriate grandfathering provisions; and (B) Limiting the differentiation to certain medical specialties; and (2) Be rescinded at any time when: (A) The voting members of the facility's organized medical staff vote to rescind the differentiating action; and (B) The facility's governing body reviews and approves the rescinding action of the organized medical staff. (d) Nothing in this section restricts a facility's ability to differentiate between physicians in medical staff privileging and credentialing based on a physician's maintenance of certification when: (1) The facility's designation under law or certification or accreditation by a national certifying or accrediting organization is contingent on the facility requiring a specific maintenance of certification by physicians seeking staff privileges or credentialing at the facility; and (2) The differentiation is limited to those physicians whose maintenance of certification is required for the facility's designation, certification, or accreditation as described by subdivision (d)(1). (e) Nothing in this section requires a facility's organized medical staff or governing body to reconsider or vote to reconsider maintenance of certification differentiation or requirements made prior to July 1, 2018. (f) A facility shall not require a physician to disclose the physician's participation in a physician wellness program, as defined by § 63-1-173 , in order to obtain privileges or credentials at the facility unless otherwise required by a federal condition of participation.

Legislative History

Amended by 2024 Tenn. Acts, ch. 924,s 4, eff. 1/1/2025. Acts 2018 , ch. 694, § 1.