It is a violation of this chapter for any person to:
(1) Operate, maintain, direct or engage in the business of operating a medical laboratory, unless such person has obtained a medical laboratory license from the board, or is exempt under § 68-29-104;
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Terms Used In Tennessee Code 68-29-129
- Board: means the medical laboratory board, created by §. See Tennessee Code 68-29-103
- Contract: A legal written agreement that becomes binding when signed.
- Medical laboratory: means any institution, building, or place in which operations and procedures for the microbiological, serological, chemical, hematological, immunohematological, or biophysical examination of specimens taken from the human body are performed to obtain information for diagnosis, prophylaxis, or treatment or where any examination, determination, or test is made on any sample used as a basis for health advice, or where any sample is collected for the purpose of transfusion or processing of blood or blood fractions, or for the training of medical laboratory personnel. See Tennessee Code 68-29-103
- Person: means any individual, firm, partnership, association, corporation, municipality, political subdivision, or any other entity whether organized for profit or not. See Tennessee Code 68-29-103
(2) Operate, maintain, direct or engage in the business of operating a medical laboratory during a suspension of a license or after revocation of a license;
(3) Conduct, maintain, or operate a medical laboratory, unless such medical laboratory is under the direct and responsible supervision and direction of a person licensed under this chapter or is exempt under § 68-29-116;
(4) Allow any person to perform medical laboratory procedures, except individuals licensed and registered under this chapter;
(5) Accept specimens for tests from, and make reports to, persons who are not legally qualified or authorized to submit specimens to medical laboratories and to receive such reports. However, this does not prohibit the referral of specimens from one (1) licensed medical laboratory to another licensed under this chapter or to a laboratory named in § 68-29-104; provided, that the report indicates clearly the medical laboratory performing the test and the name of the director of such medical laboratory;
(6) Make any test or examination in a medical laboratory, unless the person is licensed or authorized to make such tests under this chapter;
(7) Solicit the referral of specimens to the person’s or another medical laboratory or contract to perform medical laboratory examinations of specimens in a manner that offers or implies an offer of rebates to any person submitting specimens, other fee-splitting inducements, participation in fee-splitting arrangements, or other unearned remuneration. Notwithstanding § 68-29-104(13), this subdivision (7) applies to medical personnel employed by and performing testing at a private laboratory;
(8) Violate or aid and abet in the violation of any provision of this chapter or the rules and regulations promulgated under this chapter; or
(9) Operate, maintain, direct or engage in the business of operating a medical laboratory school, unless such school has been issued a certificate of approval by the board.