Tennessee § 68-1-103 - Rules and regulations — Fees and charges.

§ 68-1-103. Rules and regulations — Fees and charges.

The commissioner of health may adopt rules and regulations subject to this chapter. The commissioner is empowered to adopt, promulgate and enforce, with the concurrence of the comptroller of the treasury and the commissioner of finance and administration, rules and regulations establishing fees and charges for any public health service, including, but not limited to, licenses, permits, or authorizations rendered pursuant to, or required by, any statute administered by the department of health. Any and all recipients of public health services shall be responsible for payment of same. The commissioner is empowered to promulgate regulations to reduce or eliminate fees for any classification or classifications of services, based upon recipients' condition or ability to pay. All fees received for the performance of services shall be retained by the district, municipal or county health department rendering the service, subject to the prior approval of the commissioner. Any fees received by the state department of health, and any fees not retained by the district, municipal or county health department, shall be deposited with the state treasurer in accordance with the provisions set forth in § 9-2-127. Any fees retained by district, municipal or county public health departments are to be applied toward the cost of providing or expanding the service or evaluating and processing the license, permit or other authorization, and the district, municipal or county department shall provide an accounting to the state of all such fees retained by that department, in such manner as shall be determined by the commissioner. With the approval of the commissioner, district, municipal and county public health departments may establish fees and charges in excess of, or less than, fees and charges set by the commissioner. Any fee for services performed by the municipal, county or district public health departments not included on the fee schedule prepared by the commissioner shall be established by the district, municipal or county public health department. The amount of any fee established by the commissioner or by a district, municipal or county public health department under this section shall not exceed the cost of providing the service. Rules and regulations establishing fees shall be in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 1877, ch. 98, § 8; Shan., § 3094; impl. am. Acts 1923, ch. 7, § 46; Code 1932, § 5756; Acts 1973, ch. 323, § 1; 1981, ch. 192, §§ 1, 2; T.C.A. (orig. ed.), § 53-103; Acts 1983, ch. 294, § 1. Compiler's Notes. For transfer of the bureau of environment in the department of health and its related functions and the administration of the Tennessee environmental statutes (excluding chs. 14, 110 (formerly 28) and 112 (formerly 42) of this title) from the department of health to the department of environment and conservation, see Executive Order No. 42 (February 4, 1991). Cross-References. Establishment of fees for the regulation of health and related facilities, § 68-11-216 . Establishment of fees for emergency services, § 68-140-317 . Powers and duties of the department of health, § 4-3-1803 . Rules and bylaws to control sexually transmitted diseases, § 68-10-109 . Rules and regulations regarding acupuncture, § 63-6-1004 . Rules and regulations regarding advertisement pertaining to board certification and specialty, § 63-1-145 . Rules and regulations regarding area health educations centers, § 68-1-1614 . Rules and regulations regarding certified nurse practitioners, § 63-7-123 . Rules and regulations regarding chiropractors, § 63-4-106 . Rules and regulations regarding enforcement of pharmaceutical laws, § 63-10-304 . Rules and regulations regarding family planning, § 68-34-106 . Rules and regulations regarding funeral directors and embalmers, § 62-5-203 . Rules and regulations regarding hazardous waste, §§ 68-212-312 , 68-212-504 . Rules and regulations regarding health related boards, § 63-1-139 . Rules and regulations regarding inspection of hotels, food service establishments and public swimming pools, § 68-14-326 . Rules and regulations regarding licensing of alcohol and drug abuse counselors, § 68-24-603 . Rules and regulations regarding management and regulation of cemeteries, § 46-2-101 . Rules and regulations regarding medical laboratories, § 68-29-105 . Rules and regulations regarding midwifery, § 63-29-116 . Rules and regulations regarding operation of X-ray equipment in physicians' offices, § 63-9-112 . Rules and regulations regarding podiatrists, § 63-3-202 . Rules and regulations regarding primary health care centers, § 68-1-702 . Rules and regulations regarding rabies, § 68-8-112 . Rules and regulations regarding reflexology practitioners, § 63-30-112 . Rules and regulations regarding regulation of health and related facilities, § 68-11-209 . Rules and regulations regarding sanctions for violations of division of health related boards, § 63-1-146 . Rules and regulations regarding social workers, § 63-23-110 . Rules and regulations regarding solid waste disposal, §§ 68-211-107 , 68-211-111 , 68-211-1006 . Rules and regulations regarding subsurface sewage disposal systems, §§ 68-221-409 , 68-221-414 . Rules and regulations regarding the cancer reporting system, § 68-1-1004 . Rules and regulations regarding the prevention of diseases, § 68-5-103 . Rules and regulations regarding the public school nurse program, § 68-1-1204 . Rules and regulations regarding tuberculosis, § 68-9-104 . Rules and regulations regarding veterinarians, § 63-12-105 . Rules and regulations regarding vital records, § 68-3-103 . Rules for beauty shops, § 62-4-125 . Sexually transmitted diseases, making rules and bylaws to control, § 68-10-109 .