ON MARCH 21, 2024, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 734, AS AMENDED.
AMENDMENT #1 rewrites the bill to, instead, enact the Tennessee Wellness Law ("act"), as follows:
(1) Establishes that an action taken by a parent that is protected by the act does not give rise to a claim or cause of action against the parent. If a parent's rights are violated under the act, then the parent may bring a civil action for injunctive relief, compensatory damages, reasonable attorney's fees, court costs, and expenses in a judicial or administrative proceeding. A parent may also raise a defense in a judicial or administrative proceeding;
(2) Establishes that the act does not do the following:
(A) 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;
(B) Waive a physician's obligation to disclose information regarding (i) a substance use disorder; (ii) a mental health condition; or (iii) 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
(C) Authorize a statewide advocacy organization to withhold information in accordance with contractual terms between the statewide advocacy organization and a health insurance entity;
HEALTH INSURANCE ENTITIES
(3) Prohibits a health insurance entity from requiring the disclosure of a physician's participation in a physician wellness program as a condition of credentialing, contracting, or network participation with the health insurance entity;
(4) Establishes that a health insurance entity that is unable to assess a physician's risk of future impairment due to disclosures prohibited by (3) above is immune from civil liability, a civil cause of action, or an administrative sanction or other proceeding related to harm caused by the physician;
(5) Establishes that 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 (i) civil liability or a civil cause of action; and (ii) an administrative sanction or other proceeding;
(6) Establishes that the act does not do the following:
(A) 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;
(B) Waive a physician's obligation to disclose information regarding (i) a substance use disorder; (ii) a mental health condition; or (iii) 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
(C) Authorize a statewide advocacy organization to withhold information in accordance with contractual terms between the statewide advocacy organization and a health insurance entity;
FACILITIES
(7) Prohibits a facility from requiring a physician to disclose the physician's participation in a physician wellness program in order to obtain privileges or credentials at the facility unless otherwise required by a federal condition of participation;
DISCLOSURES
(8) Prohibits an employer from requiring a physician, or a prospectively employed physician, to disclose participation in a physician wellness program as a condition of employment or continued employment;
(9) Prohibits an employer from requiring an independent contractor or a prospective independent contractor to disclose participation in a physician wellness program;
(10) Prohibits the board of medical examiners from requiring an applicant for medical licensure to disclose career fatigue as a requirement for initial licensure;
(11) Prohibits a facility from requiring a physician to disclose the physician's participation in a physician wellness program in order to obtain privileges or credentials at the facility unless otherwise required by a federal condition of participation;
EXECUTIVE SESSIONS
(12) Requires a licensing board established under state law relative to healing arts and health and safety professions to 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. 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. 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 must not vote during an executive session;
(13) Requires an executive session for 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 mental health and substance abuse services ("department") as is reasonably necessary during such proceeding, including the executive session;
ATTORNEY REPRESENTATION
(14) At the discretion of an applicant for a license, establishes that an authorized representative or attorney for the applicant for a license before a board established under state law relative to healing arts and health and safety professions, 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;
MEANING OF CAREER FATIGUE
(15) Establishes that "career fatigue" means a work-related, psychological disorder that manifests in emotional exhaustion, depersonalization, and a diminished sense of personal accomplishment. It 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; and
RULEMAKING
(15) Requires the department of mental health and substance abuse services and the department of health to promulgate rules to effectuate the act.
ON APRIL 16, 2024, THE HOUSE SUBSTITUTED SENATE BILL 734 FOR HOUSE BILL 628, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 734, AS AMENDED.
AMENDMENT #1 makes the following changes:
(1) Encourages physicians who experience career fatigue to seek services from the Tennessee Medical Foundation or a similar entity, or private counseling services;
(2) Clarifies that when the bill requires an executive session for proceedings involving conditions that impair a physician's ability to practice medicine in a competent, ethical, and professional manner, that the proceedings referenced are licensure application proceedings; and
(3) Authorizes the department of health to promulgate emergency rules.

Statutes affected:
Introduced: 63-1-109(c), 63-1-109
Amended with SA0623 -- 03/21/2024: 63-1-109(c), 63-1-109, 56-7-1001, 33-2-422, 68-11-242
Amended with SA0623, HA0772 -- 04/22/2024: 63-1-109(c), 63-1-109, 56-7-1001, 33-2-422, 68-11-242