Current through Acts 2023-2024, ch. 1069
Section 63-1-169 - [Effective 1/1/2025] Executive sessions for discussion or deliberation of licensee or prospective licensee health conditions - Status of meeting - Session requirements - Representation of applicant during proceedings(a) Notwithstanding another law, a licensing board established pursuant to this title or title 68 shall enter into an executive session for any discussion or deliberation of licensee or prospective licensee health conditions, including mental health conditions and substance use disorders, revealed during an application process. The discussion and deliberation of the executive session is not a public meeting as described in § 8-44-102. Minutes and recordings of such executive session, portions of an application involving an applicant's health condition, and records involving an applicant's health condition are confidential, privileged, and not public records subject to inspection by citizens of this state, as described in §§ 8-44-104(a) and 10-7-503. An applicant or licensee may access records of the applicant's or licensee's own application and related proceedings, as may the applicant's or licensee's authorized representative or attorney, or an attorney for this state. The licensing board shall not vote during an executive session described in this subsection (a).(b) An executive session is required for licensure application proceedings involving conditions that impair a physician's ability to practice medicine in a competent, ethical, and professional manner. An attorney for the state may be present for the entirety of the proceeding and may advocate on behalf of the department as is reasonably necessary during such proceeding, including the executive session.(c) At the discretion of an applicant for a license, an authorized representative or attorney for the applicant for a license before a board established pursuant to this title or title 68, may be present for the entirety of any proceeding, including an executive session, and may advocate on behalf of the applicant as is reasonably necessary during such proceeding or executive session.Added by 2024 Tenn. Acts, ch. 924,s 9, eff. 1/1/2025.