Tenn. Code § 63-1-173

Current through Acts 2023-2024, ch. 1069
Section 63-1-173 - [Effective 1/1/2025] Tennessee wellness law
(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.
(c) This section does not:
(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.

T.C.A. § 63-1-173

Added by 2024 Tenn. Acts, ch. 924,s 2, eff. 1/1/2025.