MEMBER ALERT - New Laws Enacted June 2021
June 4, 2021
The following new laws enacted by the 2021 General Assembly are effective and may be of special interest to physicians since they could require action or reporting. Others are for information only. Contact the TMA Legal Department at 800-659-1862, ext. 1645 or at firstname.lastname@example.org if you have any questions.
Action Required by Physicians
- Disposition of Fetal Remains – PC 348
This law prohibits disposal of fetal remains as infectious waste, requires disposition by cremation or interment, completion of a form from the Department of Health, and documentation requirements. See new section XI in our online Law Guide topic titled Abortion for the specific details.
Information Only – No Reporting/Action Required by Physicians
- Behavioral Health Services & Telemedicine – PC 191
Effective for services provided on and after 4/22/2021, the definition of provider-based telemedicine includes HIPAA compliant audio-only conversations for behavioral health services when video technology as described in T.C.A. § 56-7-1003 (A) is not available. See our online Law Guide topic titled Telemedicine for the full definition to learn when behavioral health audio-only services are acceptable.
- Certified Medical Assistants Employed by Ambulatory Outpatient Hospital Clinics (includes physician practices owned by a hospital) – PC 396
There are restrictions on the types of procedures and injections that CMAs employed by a practice that is owned and operated by a hospital versus CMAs employed by a physician-owned practice. The Legal Department’s Scope-Procedures - Delegation of Services by Physicians provides need for practices owned by a hospital.
- Controlled Substance Violation or Sexual Offense Impacts Licensure Status – PC 461
A physician’s license will be restricted or revoked if he/she is indicted or convicted of a controlled substance violation or a sexual offense. Our Law Guide topic, Prescription Laws, contains the specific penalties and process in subsection XIX.
- Standard Medical Care for Gender Dysphoric or Gender Incongruent Minors – PC 460
Prohibits hormone treatment for gender dysphoric or gender incongruent prepubertal minors unless an exception applies. The effective date of this law was May 18, 2021. See TMA’s Treatment of Minors Guide for the details of this new law.
- Records of School Vaccines – PC 169
The department of health must accept out-of-state medical records evidencing the immunization of a natural or adopted child of a military parent against each of the diseases required for attendance at any school or child care facility.
- Orders for Home Health Care by APRN or PA – PC 124
This law adds advanced practice registered nurses and physician assistants as healthcare providers who can place orders for home health care.
- Microneedling by Aesthetician – PC 376
Aestheticians working under the supervision of a licensed physician may perform microneedling without fear of discipline by their licensing board.