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Current as of January 02, 2024 | Updated by Findlaw Staff
(a) A gender clinic operating in this state shall report statistics regarding all gender transition procedures to the department on a form provided by the department.
(b) The department shall develop a form for reporting under subsection (a) and determine the statistics to be reported, which must include:
(1) The date on which the gender transition procedure was prescribed;
(2) The age and sex of the person for whom the gender transition procedure was prescribed;
(3) For a drug prescribed as part of a gender transition procedure:
(A) The name of the drug;
(B) The dosage of the drug;
(C) The dosage frequency and duration; and
(D) The method by which the drug will be administered;
(4) For a surgical intervention provided as part of a gender transition procedure, the type of surgical procedure identified by the current procedural terminology (CPT) code;
(5) The state of residence of the person receiving the gender transition procedure;
(6) The name, contact information, and medical specialty of the healthcare professional who prescribed the gender transition procedure; and
(7) A list of any diagnoses that the person receiving a gender transition procedure has received of neurological, behavioral, or mental health conditions.
(c) The form developed by the department must be:
(1) Completed by each gender clinic at which a gender transition procedure is prescribed;
(2) Signed by the healthcare professional who prescribes the gender transition procedure; and
(3) Transmitted by the gender clinic to the department no later than fifteen (15) days after the end of the calendar month during which the gender transition procedure was prescribed.
(d) Forms required under this section must not contain individually identifiable health information as defined in 45 CFR § 160.103.
(e)(1) The department shall submit a comprehensive annual statistical report by December 31, 2026, and by December 31 of each year thereafter, to the speaker of the senate, the speaker of the house of representatives, and the legislative librarian based on all data obtained from forms required by this section. The annual statistical report to the speaker of the senate, the speaker of the house of representatives, and the legislative librarian must not identify individual gender clinics but must aggregate such data.
(2) The department shall make the statistical report available to the public on the department's public website in a downloadable format; provided, the data in the report on the department's public website is not aggregated. The data contained in such report must not identify individual providers.
(f) If a healthcare professional fails to comply with this section, then:
(1) The healthcare professional has engaged in unprofessional conduct and is subject to discipline by the appropriate licensing entity or disciplinary review board with competent jurisdiction in this state. Disciplinary action must include suspension of the ability to administer health care or practice medicine for at least six (6) months; and
(2) The gender clinic where the healthcare professional is employed shall pay a civil fine not to exceed one hundred fifty thousand dollars ($150,000).
(g) The attorney general and reporter may investigate a potential violation of this part.
Cite this article: FindLaw.com - Tennessee Code Title 68. Health, Safety and Environmental Protection § 68-1-2503 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-68-health-safety-and-environmental-protection/tn-code-sect-68-1-2503/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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