Tennessee Code Title 63. Professions of the Healing Arts § 63-1-173

Current as of January 02, 2024 | Updated by Findlaw Staff

(a) As used in this section:

(1) “Career fatigue”:

(A) Means a work-related, psychological disorder that manifests in emotional exhaustion, depersonalization, and a diminished sense of personal accomplishment; and

(B) Does not mean:

(i) Substance use disorder;

(ii) A mental health condition; or

(iii) Another condition that impairs a physician's judgment or adversely affects a physician's ability to practice medicine in a competent, ethical, and professional manner;

(2) “Health insurance entity” has the same meaning as defined in § 56-7-109;

(3) “Physician” means a person licensed pursuant to chapter 6 or 9 of this title; and

(4) “Physician wellness program”:

(A) Means the program that:

(i) Is organized or contracted for by a statewide advocacy organization that has its principal place of business in this state and that serves physicians licensed to practice medicine in this state; and

(ii) Provides counseling, coaching, or similar services to address issues pertaining to career fatigue; and

(B) Does not mean a program that provides counseling, coaching, or similar services to address issues related to substance abuse, a mental health condition, or another condition that impairs a physician's judgment or adversely affects the physician's ability to practice medicine in a competent, ethical, and professional manner.

(b) An individual or entity that provides, discloses, or receives information related to career fatigue as part of a physician wellness program is, with respect to the information provided, disclosed, or received, immune from:

(1) Civil liability or a civil cause of action; and

(2) An administrative sanction or other proceeding.

(1) Authorize a physician to withhold information requested in accordance with contractual terms between a health insurance entity and a statewide advocacy organization or information requested in an application used by a health insurance entity for credentialing or contracting purposes, including a Council for Affordable Quality Healthcare application;

(2) Waive a physician's obligation to disclose information regarding:

(A) A substance use disorder;

(B) A mental health condition; or

(C) Another condition that impairs the physician's judgment or adversely affects the physician's ability to practice medicine in a competent, ethical, and professional manner; or

(3) Authorize a statewide advocacy organization to withhold information in accordance with contractual terms between the statewide advocacy organization and a health insurance entity.

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Cite this article: FindLaw.com - Tennessee Code Title 63. Professions of the Healing Arts § 63-1-173 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-63-professions-of-the-healing-arts/tn-code-sect-63-1-173/

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