[Effective Until 7/1/2024]

(a) All acute care hospitals, birthing centers, prescribed child care centers, and ambulatory surgical treatment centers in Tennessee licensed pursuant to this part shall adopt, in the discretion of the institution and in consultation with the institution’s medical staff, appropriate policies regarding the testing of patients and staff for human immunodeficiency virus (HIV) and any other identified causative agent of acquired immune deficiency syndrome (AIDS).
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Terms Used In Tennessee Code 68-11-222

  • commission: means the health facilities commission created by §. See Tennessee Code 68-11-201
  • Department: means the department of health. See Tennessee Code 68-11-201
  • Facility: means any institution, place or building providing health care services that is required to be licensed under this chapter. See Tennessee Code 68-11-201
  • Patient: includes , but is not limited to, any person who is suffering from an acute or chronic illness or injury or who is crippled, convalescent or infirm, or who is in need of obstetrical, surgical, medical, nursing or supervisory care. See Tennessee Code 68-11-201
  • physician: includes a podiatrist licensed under title 63, chapter 3. See Tennessee Code 68-11-201
  • 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
(b) Acting in consultation with the department of health and the health facilities commission, the following state entities shall promulgate rules requiring the respective facilities and persons, regulated by such state entities, to adopt and appropriately utilize universal precautions for prevention of HIV transmission:

(1) Board for licensing health care facilities, created under § 68-11-202;
(2) Board of dentistry, created under § 63-5-101;
(3) Board of medical examiners, created under § 63-6-101;
(4) Board of physician assistants, created under § 63-19-103;
(5) Board of nursing, created under § 63-7-201;
(6) Board of occupational therapy, created under § 63-13-216;
(7) Board of optometry, created under § 63-8-103;
(8) Board of osteopathic examination, created under § 63-9-101;
(9) Board of physical therapy, created under § 63-13-318; and
(10) Board of podiatric medical examiners, created under § 63-3-103.
(c)

(1) In the event that an employee of a health care facility or an inpatient mental health facility licensed under title 33, a student studying at the health care facility or inpatient mental health facility licensed under title 33 or other care provider that renders services at the healthcare facility or inpatient mental health facility licensed under title 33 is exposed to the blood or other body fluid of a patient, the facility may require that patient’s blood to be tested for the presence of the hepatitis B virus and the HIV/AIDS virus.
(2) Such testing shall be performed at no charge to the patient and the results of such testing shall be confidential.
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