(a)

lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Tennessee Code 7-90-122

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Medical education program: means a program of study that is a biomedical research program, dental program, nursing program, medical program, including graduate medical education, or allied health program. See Tennessee Code 7-90-103
  • Medical school: means an educational facility created and operated as part of a program that grants the degree of doctor of medicine to the graduates of such educational facility or provides graduate medical education. See Tennessee Code 7-90-103
  • medical school authority: means any public corporation organized pursuant to this chapter. See Tennessee Code 7-90-103
  • Municipality: means any county, metropolitan government or incorporated city or town in this state located in a county having a population of not less than ninety-one thousand eight hundred (91,800), according to the 2000 federal census or any subsequent federal census. See Tennessee Code 7-90-103
  • Project: means any facilities or group of facilities to be used for a medical school, dental school, biomedical research, graduate medical education, nursing degree programs, or allied health profession degree programs. See Tennessee Code 7-90-103
  • State: means the state of Tennessee and, unless otherwise indicated by the context, any agency, authority, branch, bureau, commission, corporation, department or instrumentality of the state, now or hereafter existing. See Tennessee Code 7-90-103
  • THEC: means the Tennessee higher education commission. See Tennessee Code 7-90-103
(1)

(A) No state or local funds shall be expended by or on behalf of a medical school authority for a proposed project under this chapter nor shall bonds be issued by the state or bonds be guaranteed under § 7-90-114(b) on behalf of such project unless THEC, upon review of the proposed medical education program, specifically approves the program for public funding. The program shall not be approved for public funding unless THEC finds that such program is consistent with the purposes of this chapter, as expressed by the general assembly in § 7-90-102. In considering the program for such approval, THEC shall evaluate whether:

(i) The medical education program conflicts with the master plan for public higher education developed pursuant to § 49-7-202(c)(1);
(ii) The medical education program is unnecessarily duplicative of other programs offered within the region of Tennessee for which the project is proposed;
(iii) There are sufficient potential students in the region or who would be attracted to the region to justify and maintain the operation of the medical education program;
(iv) The market demand for potential graduates of the medical education program is sufficient to support the number of graduates produced; and
(v) The resources available in the region can sustain the medical education program.
(B) In making its decision, THEC may also consider other criteria found in § 7-90-123(a) and information developed by the feasibility study required by § 7-90-123.
(2) THEC approval is not required under this subsection (a), if the proposed project and medical education program will be funded exclusively with nonpublic funding and without the issuance of state bonds. A determination that THEC approval under this subsection (a) is not required shall not affect the requirements of § 7-90-123.
(3) THEC shall have the authority to contract with another entity to perform the evaluation required by this part, the cost of which shall be the sole responsibility of the authority or the municipality or municipalities creating the authority.
(4) The authority shall have a right to appeal THEC’s action made pursuant to this section to the chancery court of Davidson County. Any such appeal shall be heard by the court de novo.
(b) The comptroller of the treasury or the comptroller’s designee shall not approve a state bond issue under § 7-90-112(f) until the comptroller or the comptroller’s designee has received and examined the approval of the associated medical education program by THEC pursuant to subsection (a).
(c) All state funds to be expended for a project of a medical school authority shall be specifically appropriated by reference to such project in the general appropriations act and such funds shall only be expended in accordance with the provisions of such act.
  Previous section
Next section  
 Chapter 90 Contents