(a) As used in this section:

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Terms Used In Tennessee Code 71-2-116

  • Commission: means the commission on aging and disability. See Tennessee Code 71-2-103
  • Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(1) “Commission” means the Tennessee commission on aging and disability;
(2) “Council” means the state palliative care and quality of life council;
(3) “Executive director” shall mean the executive director of the Tennessee commission on aging and disability; and
(4) “Palliative care” means an approach that improves the quality of life of patients and their families facing the problems associated with chronic life- threatening illness, through the prevention and relief of suffering by means of early identification and assessment and treatment of pain and other problems, physical, psychosocial, and spiritual. Palliative care includes, but is not limited to:

(A) Discussions involving a patient’s goals for treatment;
(B) Discussions involving treatment options that are appropriate to the patient, including, where appropriate, hospice care; and
(C) Comprehensive pain and symptom management.
(b) The state palliative care and quality of life council is established.
(c) The purpose of the council is to continually assess the current status of palliative care in the state and to review the barriers that exist that prevent such care from being obtained and utilized by the people who could benefit from such care. The council shall provide recommendations to the governor and to the general assembly on issues related to its work.
(d) The executive director shall appoint the council membership after consulting with the Tennessee Hospice Association, Tennessee Hospital Association, Tennessee Medical Association, Tennessee Nursing Association, Tennessee Health Care Association, Tennessee Association of Home Care, and the Tennessee Chapter of the American Cancer Society and shall include interdisciplinary palliative care medical, nursing, social work, pharmacy, and spiritual professional expertise; patient and family caregiver advocate representation; and any other relevant appointees the executive director determines appropriate. The council consists of no more than twelve (12) members. The executive director shall consider the racial, geographic, urban/rural, and economic diversity of the state when appointing members. Membership must specifically include health professionals having palliative care work experience or expertise in palliative care delivery models in a variety of inpatient, outpatient, and community settings such as acute care, long-term care, and hospice, and with a variety of populations, including pediatric, youth, and adult. At least one (1) council member must be a board-certified hospice and palliative medicine physician; at least one (1) council member must be a licensed certified registered nurse practitioner with expertise in palliative care; one (1) council member must be the executive director of the health facilities commission, or the executive director’s designated representative; and one (1) council member must be from the department of health. Council members are appointed for a term of three (3) years. The members shall elect a chair and vice chair, whose duties are established by the council. The council shall fix a time and place for regular meetings and shall meet no less than twice yearly.
(e) Council members shall receive no compensation for their services or travel reimbursement for attending meetings.
(f) The council shall consult with and advise the executive director on matters related to the establishment, maintenance, and operation of palliative care initiatives in this state.
(g) The commission shall provide administrative support to the council.
(h) By January 15 of 2020, and by January 15 of each subsequent year, the council shall submit a report to the general assembly that addresses barriers to palliative care access, analyzes service utilization data, and provides recommendations and best practices to address gaps in service.
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