Amends TCA Title 4; Title 29, Chapter 26; Title 63 and Title 68.

This bill requires the appropriate licensing authority, upon learning a healthcare prescriber was indicted for or convicted of certain criminal offenses, to restrict or revoke, respectively, the prescriber’s ability to prescribe controlled substances; requires the licensing authority to suspend the license of certain healthcare professionals upon finding the healthcare professional failed to comply with physician collaboration requirements; and requires facility administrators to report certain information, all as discussed below. This bill provides the following, which will have general application to a healthcare provider licensed under title 63 (our state's laws governing professions of the healing arts): (1) If the licensing authority of a healthcare prescriber learns that the healthcare prescriber is the subject of an indictment for a federal or state criminal offense that involves a controlled substance violation or sexual offense, then the licensing authority must immediately restrict the license of the healthcare prescriber by removing the prescriber's authorization to prescribe controlled substances in this state until the case against the healthcare prescriber reaches final disposition. The licensing authority must send written notice of the license restriction to the healthcare prescriber. The licensing authority will remove the license restriction if: (A) The healthcare prescriber is acquitted by a verdict of the jury upon the merits; or (B) The prosecution is dismissed, or a nolle prosequi is entered by the prosecuting authority; (2) If the licensing authority of a healthcare prescriber learns that the healthcare prescriber is convicted of a federal or state criminal offense that involves a controlled substance violation or sexual offense, then the licensing authority must immediately revoke the license of the healthcare prescriber. The licensing authority must send written notice of the license revocation to the healthcare prescriber. If the conviction on which the revocation is based is subsequently overturned or reversed, then the licensing authority will: (A) Reinstate the prescriber's license if the prescriber otherwise satisfies the qualifications for licensure and the criminal charges against the prescriber involving a controlled substance violation or sexual offense have reached final disposition; or (B) Reinstate the prescriber's license subject to the restriction described in item (1) if the prescriber otherwise satisfies the qualifications for licensure, but the criminal charges against the prescriber involving a controlled substance violation or sexual offense have not reached final disposition; and (3) Failure by a person licensed under and required by the provisions governing nurses and physician assistants to collaborate with a physician for any act within the person's licensed scope of practice constitutes a threat to the public health, safety, and welfare and imperatively requires emergency action by the person's licensing authority. If the licensing authority of such a nurse or physician assistant learns that the person has failed to comply with the collaboration requirement, then the licensing authority must immediately suspend the license of the person until the licensing authority receives sufficient proof that the person is in compliance with the collaboration requirements. This bill provides that this licensure sanction is supplementary to, and does not limit, the authority of the appropriate board to take other disciplinary action against a person the board determines to be in violation of the laws governing the nurse's or physician assistant's license. This bill adds to the provisions governing nurses and physician assistants that if a nurse or physician assistant is a prescriber and is the subject of a disciplinary action by the person's board for conduct related to improper prescribing or diversion of a controlled substance, but retains an active license with prescribing authority following the disciplinary action, then the prescriber is prohibited from prescribing a controlled substance in this state unless the healthcare prescriber is working in collaboration with an on-site physician who is licensed to prescribe controlled substances in this state. The appropriate board will determine the period of time that a healthcare prescriber is subject to the on-site supervision requirement, which must not be less than two years. Under present law, the Uniform Administrative Procedure Act's contested case provisions provide that a court may reverse or modify the decision of agency if the rights of the petitioner have been prejudiced because the administrative findings, inferences, conclusions or decisions are, among other things, unsupported by evidence that is both substantial and material in the light of the entire record. In determining the substantiality of evidence, the court takes into account whatever in the record fairly detracts from its weight, but the court may not substitute its judgment for that of the agency as to the weight of the evidence on questions of fact. This bill revises the above provisions in regard to certain healthcare professionals so that the applicable standard will be "a preponderance of the evidence in light of the entire record" instead of "substantial and material in the light of the entire record." This revision will apply to decisions made by a entity created to the present law provisions governing podiatrists, chiropractors, dentists, physicians, nurses, optometrists, pharmacists, psychologists, veterinarians, occupational and physical therapists, opticians, nursing home administrators, speech language pathologists, audiologists, hearing instrument specialists, massage therapists, physician assistants, professional counselors, marital and family therapists, clinical pastoral therapists, social workers, athletic trainers, dieticians and nutritionists, electrologists, respiratory therapists, clinical perfusionists, midwives, reflexologists, and polysomnographic technologists. Present law requires the chief administrative official of each hospital or other healthcare facility to report to the respective licensing board, committee, council, or agency any disciplinary action taken concerning any licensed healthcare professions, when the action is related to professional ethics, professional incompetence, negligence, moral turpitude, or drug or alcohol abuse. This bill adds to the information that must be reported any information that the chief administrative official reasonably believes indicates that the healthcare professional has been referred to or participated in a professional assistance program on two or more separate occasions because the person: (A) Inappropriately prescribed an opioid; (B) Diverted an opioid; (C) Engaged in sexual activity with a patient; or (D) Has a mental or physical impairment that prevents the person from safely practicing the licensed profession. ON APRIL 1, 2021, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 212, AS AMENDED. AMENDMENT #1 revises various provisions of this bill, as follows: (1) Specifies that the administrative staff of the licensing authority designated by the chair, or the chair, may take the actions contemplated in this bill; (2) Clarifies that a restriction will be lifted "upon receipt of sufficient proof" of either of the circumstances described above in the bill summary in (1)(A) and (B); (3) Specifies that the revocation based on the circumstances described above in the bill summary in (2), and the suspension under the circumstances described above in the bill summary in (3), may be made without further action by the licensing authority; and (4) Provides for "granting a new license" instead of "reinstating" a license. ON APRIL 29, 2021, THE HOUSE SUBSTITUTED SENATE BILL 212, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 212, AS AMENDED. AMENDMENT #1 specifies that the restriction will happen "automatically" upon the licensing authority learning that the prescriber is the subject of an indictment for a federal or state criminal offense that involves a controlled substance violation or sexual offense and limits the restriction in such situations to the prescribing of Schedule II controlled substances instead of all controlled substances.