Tennessee § 53-11-309 - Reporting persons obtaining or attempting to obtain controlled substances — Immunity — Exception.

§ 53-11-309. Reporting persons obtaining or attempting to obtain controlled substances — Immunity — Exception.

Any physician, dentist, optometrist, podiatrist, veterinarian, pharmacist, advanced practice registered nurse with a certificate of fitness issued under title 63, chapter 7, or physician assistant, hereinafter referred to collectively as “health care providers”, who has actual knowledge that a person has knowingly, willfully and with intent to deceive, obtained or attempted to obtain controlled substances in the manner prohibited by § 53-11-402(a)(6) shall cause a report to be submitted regarding such activity within five (5) business days of obtaining such knowledge. The report should be submitted to the local law enforcement agency where the health care provider is located or, where one exists, to a judicial district or multi-judicial district drug task force. The controlled substance database advisory committee established by § 53-10-303 shall develop a form by no later than August 1, 2010, that health care providers may choose to use to make reports. The department of health shall make the form available on its web site. Any physician or advanced practice registered nurse with a certificate of fitness issued under title 63, chapter 7, or physician assistant who has actual knowledge that a person has knowingly, willfully and with the intent to deceive, obtained or attempted to obtain controlled substances in the manner prohibited by § 53-11-402(a)(6) and who is providing treatment to a person with a mental illness as defined in § 33-1-101 may, but is not required to, report as provided for under subsection (a). If the health care provider's actual knowledge of conduct prohibited by § 53-11-402(a)(6) is a result of the health care provider accessing the information available in the controlled substance database established in § 53-10-304, then notwithstanding the confidentiality provisions in § 53-10-306, the local law enforcement agency or, where one exists, a judicial district or multi-judicial district drug task force may receive from the health care provider only the pertinent information from the database for the thirty (30) days prior to the date of treatment leading to the alleged offense which ostensibly demonstrates non-compliance with § 53-11-402(a)(6). A report with information from the database not exceeding thirty (30) days prior to the date of treatment made under this provision to local law enforcement or, where one exists, to a judicial district or multi-judicial district drug task force is sufficient grounds for the production of complete or more detailed controlled substance database information for purposes of a criminal investigation or pending prosecution pursuant to the procedures established by § 53-10-306(b). A health care provider, or any person under the direction of the health care provider or any entity that assumes the responsibility of reporting for the provider who furnishes any information in good faith is immune from liability if a complaint, report, information, or record is furnished to a law enforcement agency. This section shall not apply in the case of a person who, on the date of treatment by the health care provider, is enrolled in or covered by TennCare. Acts 2009, ch. 67, § 1; 2010, ch. 663, § 1; 2012, ch. 880, § 22; 2016, ch. 980, § 3; 2016, ch. 1002, § 13. Compiler's Notes. Acts 2012, ch. 880, § 25 provided that the act, which amended subdivision (b)(1) effective from January 1, 2013, until July 1, 2016, shall be interpreted to be consistent with all state and federal laws addressing privacy of patient records. Acts 2016, ch. 1002, § 13, deleted the provisions of Acts 2012, ch. 880, § 29 that provided for the expiration of the amendments by Acts 2012, ch. 880, § 22. Therefore, those amendments remain in effect. Amendments. The 2010 amendment rewrote the section which read: “(a) Any physician, dentist, optometrist, podiatrist, veterinarian, nurse authorized pursuant to § 63-6-204 or § 63-9-113 , or physician assistant who has good reason to believe a person has obtained or attempts to obtain controlled substances prohibited under § 53-11-402(a)(6) shall report the activity within three (3) business days to the local law enforcement agency for investigation.“(b) A health care provider is immune from civil liability if the health care provider, operating in good faith, makes a complaint or furnishes a report, information or records to law enforcement agencies pursuant to this section.” The 2012 amendment by ch. 880, as amended by Acts 2016, ch. 1002, inserted “pharmacist,” in the first sentence of (a). The 2016 amendment by ch. 980, substituted “advanced practice registered nurse” for “advanced practice nurse” in the first sentence of (a) and near the beginning of (b). Effective Dates. Acts 2009, ch. 67, § 4. July 1, 2009. Acts 2010, ch. 663, § 4. March 30, 2010. Acts 2012, ch. 880, § 29. January 1, 2013; provided, that, for purposes of promulgating rules and regulations, including emergency rulemaking, the act shall take effect May 9, 2012; and provided further, that the provisions of the act shall expire and be of no force and effect after June 30, 2016, and on July 1, 2016, the existing provisions of title 53, chapter 10, part 3, shall be revived and reenacted as they were codified on March 1, 2012. Acts 2016, ch. 980, § 25. July 1, 2016. Acts 2016, ch. 1002, § 17. April 27, 2016. Cross-References. Employee or contractor’s unauthorized use of medical doctor’s DEA registration number to write prescriptions, § 63-6-242 .