§ 68-1-101 — Department organized into divisions - Expedited issuance of license

(a) The department of health shall be organized into the following divisions: (1) The division of sanitary engineering, the head of which shall be the sanitary engineer; (2) The division of laboratories, the head of which shall be the bacteriologist; (3) The division of tuberculosis control, the head of which shall be the commissioner of health; (4) The division of preventable diseases, the head of which shall be the director of preventable diseases; (5) The division of children's special services, the head of which shall be the director of crippled children's service; (6) The division of medical care, the head of which shall be the director of medical care, who shall be appointed by the governor; (7) The division of rabies control, the head of which shall be the director of rabies control; and (8) The division of health related boards for all administrative, fiscal, inspectional, clerical and secretarial functions of the following boards, agencies and commissions: (A) Board of alcohol and drug abuse counselors; (B) Board of athletic trainers; (C) Board for professional counselors, marital and family therapists and clinical pastoral therapists; (D) Board of chiropractic examiners; (E) Board of communication disorders and sciences; (F) Board of communication disorders and sciences' council for hearing instrument specialists; (G) Board of dentistry; (H) Board of dietitians/nutritionists examiners; (I) Board of dispensing opticians; (J) Board of electrolysis examiners; (K) Board of examiners for nursing home administrators; (L) Board of examiners in psychology; (M) Board of medical examiners; (N) Board of medical examiners' committee for clinical perfusion; (O) Board of physician assistants; (P) Board of medical examiners' Tennessee advisory committee for acupuncture; (Q) Board of nursing; (R) Board of occupational therapy; (S) Board of optometry; (T) Board of osteopathic examination; (U) Board of osteopathic examination's council of certified professional midwifery; (V) Board of pharmacy; (W) Board of physical therapy; (X) Board of podiatric medical examiners; (Y) Reflexology practitioners' registration; (Z) Board of respiratory care; (AA) Board of social worker licensure; (BB) Tennessee massage licensure board; (CC) Tennessee medical laboratory board; and (DD) Board of veterinary medical examiners. (b) (1) Notwithstanding any other law to the contrary, each health related board and the emergency medical services board shall establish a procedure to expedite the issuance of a license, certification or permit to perform professional services regulated by each such board to a person: (A) (i) Who is certified or licensed in another state to perform professional services in a state other than Tennessee; (ii) Whose spouse is a member of the armed forces of the United States; and (iii) Whose spouse is the subject of a military transfer to this state; or (B) (i) Who, as a member of the armed forces of the United States, carries a current license or certification in another state to perform substantially similar professional services in a state other than Tennessee; and (ii) Who applies for a license in Tennessee within one hundred eighty (180) days of: (a) Retiring from the armed forces of the United States; (b) Receiving any discharge other than a dishonorable discharge from the armed forces of the United States; or (c) Being released from active duty into a reserve component of the armed forces of the United States. (2) The procedure shall include: (A) Issuing the person a license, certificate or permit, if, in the opinion of the board, the requirements for certification or licensure of such other state are substantially equivalent to that required in this state; or (B) Developing a method to authorize the person to perform professional services regulated by the board in this state by issuing the person a temporary permit for a limited period of time in accordance with § 63-1-142 . (c) The commissioner, each health related board and the emergency medical services board shall, upon application for certification or licensure, accept military education, training or experience completed by a person described in subdivisions (b)(1)(B)(ii)( a )-( c ) toward the qualifications to receive the license or certification if such education, training or experience is determined by the commissioner or board to be substantially equivalent to the standards of this state. (d) (1) Notwithstanding any other law to the contrary, any member of the national guard or a reserve component of the armed forces of the United States called to active duty, and who, at the time of activation, was duly licensed or certified to perform professional services by a health related board of this state or by the emergency services board of this state, shall be kept in good standing by the board during the period of activation. (2) A license, certification or permit issued by a health related board of this state or by the emergency services board of this state for a person described in subdivision (d)(1) shall be temporarily renewed pursuant to subdivision (d)(3) without: (A) Payment of dues or fees; (B) Obtaining continuing education credits when: (i) Circumstances associated with the person's military duty prevent the obtaining of continuing education credits and a waiver request has been submitted to the appropriate health related board or to the emergency medical services board; or (ii) The person performs the licensed or certified occupation as part of such person's military duties and provides documentation to the appropriate health related board or to the emergency medical services board; or (C) Performing any other act typically required for the renewal of the license or certification. (3) The license, certification or permit issued under this subsection (d) shall be continued or renewed while the person described in subdivision (d)(1) is on active duty until no later than six (6) months from the person's release from active duty.

Legislative History

Amended by 2021 Tenn. Acts, ch. 565, s 9, eff. 5/26/2021. Amended by 2019 Tenn. Acts, ch. 195, s 2, eff. 7/1/2019. Amended by 2017 Tenn. Acts, ch. 271, s 1, eff. 5/4/2017. Amended by 2013 Tenn. Acts, ch. 122, s 1, eff. 7/1/2013. Acts 1923, ch. 7, § 47; Shan. Supp., § 373a108; Code 1932, § 326; Acts 1935, ch. 135, § 1; 1937, ch. 33, § 64; 1939, ch. 77, § 2; 1939, ch. 102, § 1; 1941, ch. 23, § 6; 1947, ch. 16, § 3; mod. C. Supp. 1950, § 326 (Williams, §§ 255.67, 255.68a, 326, 4432.23, 4752, 4916.2, 5827.6); Acts 1953, ch. 252, § 3 (Williams, § 5109.22); impl. am. Acts 1967, ch. 173, § 1; Acts 1971, ch. 81, § 2; impl. am. Acts 1971, ch. 188, § 1; impl. am. Acts 1972, ch. 771, § 1; 1974, ch. 495, § 8; impl. am. Acts 1976, ch. 575, § 1; Acts 1976, ch. 623, § 1; 1976, ch. 650, § 15; impl. am. Acts 1977, ch. 128, § 3; Acts 1978, ch. 906, § 5; 1978, ch. 924, § 2; impl. am. Acts 1979, ch. 378, §§ 2, 19; T.C.A. (orig. ed.), § 53-101; Acts 1984, ch. 921, § 6; 1984, ch. 1003, § 3; 1995, ch. 419, § 1; 2007 , ch. 424, § 1; 2008 , ch. 1016, § 8; 2011 , ch. 230, § 1.