Tenn. Comp. R. & Regs. 1000-01-.16

Current through December 10, 2024

Section 1000-01-.16 - FREE HEALTH CLINIC AND VOLUNTEER PRACTICE REQUIREMENTS

(1) Free Health Clinic Practice Pursuant to T.C.A. § 63-1-201

(a) Any nurse licensed/certified to practice in this state or any other state who has not been disciplined by any nursing licensure board may have their license/certificate converted to or receive a Tennessee "Special Volunteer License," as defined in T.C.A. § 63-1-201, which will entitle the licensee to practice without remuneration solely within a "free health clinic," as defined by T.C.A. § 63-1-201, at a specified site or setting by doing the following:

1. Obtaining from the Board's administrative office a "Special Volunteer License" application, completing it and submitting it along with any required documentation to the Board's administrative office; and

2. For nurses who have not been licensed in Tennessee, comply with all provisions of Rule 1000-01-.04 and, if applicable, the Health Care Consumer-Right-To-Know Act compiled at T.C.A. §§ 63-51-101, et seq.; and

3. Submitting the specific location of the site or setting of the free health clinic in which the licensee intends to practice along with proof of the clinic's private, and not-for-profit, status.

(b) A nurse holding a Special Volunteer License is not required to pay any fee for its issuance or the required biennial renewal pursuant to the Division of Health Related Board's biennial birthdate renewal system.

(c) A nurse holding a Special Volunteer License may not do any of the following:

1. Practice nursing anywhere other than in the free health clinic site or setting specified in the application; and

2. Charge any fee or receive compensation or remuneration of any kind from any person or third party payor including insurance companies, health plans and state or federal benefit programs for the provision of services except as otherwise authorized by law; and

3. Practice for any free health clinic that imposes any charge on any individual to whom health care services are rendered or submits charges to any third party payor including insurance companies, health plans and state or federal benefit programs for the provision of any services.

(d) Special Volunteer applicants and licensees are subject to all of the following:

1. All rules governing renewal, retirement and reinstatement as provided by these rules, except those requiring the payment of any fees; and

2. The rules governing continuing nursing competence as provided by these rules; and

3. Disciplinary action for the same causes and pursuant to the same procedures as all other licenses issued by the Board.

(2) Practice Pursuant to the "Volunteer Health Care Services Act" T.C.A. §§ 63-6-701, et seq.

(a) Any nurse licensed in this or any other state, territory, district or possession of the United States whose license is not under a disciplinary order of suspension or revocation may practice in this state but only under the auspices of an organization that has complied with the provisions of this rule and T.C.A. §§ 63-6-701 through 707 and Rule 1200-10-01-.12 of the Division of Health Related Boards.

(b) Any nurse who may lawfully practice in this or any other state, territory, district or possession of the United States under an exemption from licensure and who is not under a disciplinary order of suspension or revocation and who is not and will not "regularly practice," as defined by T.C.A. § 63-6-703(4) may practice in this state but only under the auspices of an organization that has complied with the provisions of this rule and T.C.A. §§ 63-6-701 through 707 and Rule 1200-10-01-.12 of the Division of Health Related Boards.

(c) A nurse or anyone who practices under an exemption from licensure pursuant to this rule may not charge any fee or receive compensation or remuneration of any kind from any person or third party payor including insurance companies, health plans and state or federal benefit programs for the provision of services; and may not practice for any organization that imposes any charge on any individual to whom health care services are rendered or submits charges to any third party payor including insurance companies, health plans and state or federal benefit programs for the provision of any services.

(d) Any organization that organizes or arranges for the voluntary provision of health care services on residents of Tennessee may utilize persons described in subparagraphs (a) and (b) to practice only when it has complied with the provisions of T.C.A. §§ 63-6-701 through 707 and Rule 1200-10-01-.12 of the Division of Health Related Boards.

Tenn. Comp. R. & Regs. 1000-01-.16

Original rule filed March 9, 2001; effective May 23, 2001. Repeal and new rules filed July 10, 2024; effective 10/8/2024.

Authority: T.C.A. §§ 63-1-201, 63-6-701 through 63-6-707, 63-7-102, 63-7-104, 63-7-105, 63-7-207, and 63-7-210.