Tennessee § 62-26-223 - Exceptions to applicability of part.

§ 62-26-223. Exceptions to applicability of part.

This part does not apply to a public accountant and a certified public accountant, or the agent of either, performing duties relating to public accountancy. This part does not apply to: A governmental officer or employee performing official duties; A person engaged exclusively in the business of obtaining and furnishing information regarding the financial rating or standing and credit of persons; An attorney at law in good standing and licensed to practice law; An employee of a single attorney or single law firm who is acting within the employee's scope of employment for the attorney or law firm; or A consultant when the person is retained by an attorney or appointed by a court to make tests, conduct experiments, draw conclusions, render opinions or make diagnoses, where those services require the use of training or experience in a technical, scientific or social science field; These exceptions do not apply to any other person or company that otherwise provides or offers to provide investigative services as described in § 62-26-202; An insurance company, licensed insurance agent or staff or independent adjuster performing investigative duties in connection with insurance business transacted; A private business employee conducting investigations relating to the internal affairs of the business; Any individual conducting investigative activities in connection with the repossession of a vehicle; An individual conducting undercover investigations meeting the criteria set forth in § 62-26-229; Any person duly licensed by this state in another profession while the person is engaged in activities within the scope of that profession; Any student from any college or university who is working as an intern in a public defender's or district attorney's program in this state who is directly supervised by an attorney at law in the public defender's or district attorney's office and who is not compensated for the services; or A person engaged exclusively in the business of obtaining and furnishing information regarding a candidate for employment to the candidate's potential employer. An insurance adjuster claiming an exemption to this part under subdivision (b)(4) must be an employee of an insurance company duly licensed to do business in this state, a licensed insurance agent in this state or a staff employee of the agent, or an independent adjuster performing investigative activity limited to matters directly pertaining to an insurance transaction. The employee of the insurance company, the insurance agent or employee of the agent or the independent adjuster or employee of the adjuster must be acting within the scope of that person's employment with respect to the investigative activity. Acts 1991, ch. 457, §§ 28, 29; 1992, ch. 879, §§ 1, 2; 1993, ch. 511, §§ 3, 16, 17; 1995, ch. 234, § 1; 2000, ch. 812, §§ 1, 2; 2004, ch. 539, §§ 1, 2; 2004, ch. 733, § 1; 2017, ch. 391, § 1. Attorney General Opinions. “Insurance adjuster” and “independent adjuster,” OAG 94-76, 1994 Tenn. AG LEXIS 79 (7/8/94). Applicability of private investigators licensure requirements to death penalty mitigation experts, OAG 99-181, 1999 Tenn. AG LEXIS 216 (9/17/99). Death penalty mitigation experts are generally exempt from the licensure requirements imposed on private investigators and investigations companies under T.C.A. § 62-26-223(b) ; however, if such an expert engages in other private investigations work that is not specifically exempted, the expert must be licensed, OAG 00-175, 2000 Tenn. AG LEXIS 178 (11/20/00). An “attorney-at-law” is exempt from the private investigators licensure requirement even if that attorney maintains an active license to practice in a state other than Tennessee, OAG 03-097, 2003 Tenn. AG LEXIS 116 (8/13/03). Inapplicability of private investigators licensing act to photographic traffic monitoring systems. OAG 11-3, 2011 Tenn. AG LEXIS 3 (1/7/11). Application of private investigators licensing act to digital forensics providers. OAG 12-84, 2012 Tenn. AG LEXIS 84 (9/10/12). License for Providing Canine Detection Services to Public Schools and Private Entities. OAG 15-62, 2015 Tenn. AG LEXIS 62 (7/28/15).