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