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Commission Seeks Legal Clarification on "Tennessee-licensed" Mental-Health Provider Requirement
Summary
Legal staff briefed the commission on statutory language requiring a Tennessee-licensed mental-health provider to certify fitness for duty for prospective officers. Commissioners asked staff to research which Tennessee licenses qualify and return with guidance in January.
Commerce & Insurance legal counsel and commission legal staff reviewed statutory language cited by commissioners that pre-employment fitness-for-duty exams must be done by a "Tennessee-licensed health care provider qualified in the psychiatric or psychological field" (referenced statutes cited in discussion as section 38,806 and 8,102 in the transcript). The statute requires a Tennessee license; commission staff said prior attempts to rely on interstate licensure compacts did not meet the statutory requirement.
Legal staff said jurisdictions use psychologists, psychiatrists and licensed clinical social workers in some regions for these exams. Commissioners and legal counsel requested further consultation with health licensing authorities and health-care stakeholders to clarify which Tennessee licenses and clinical qualifications meet the statutory phrase "qualified in the psychiatric or psychological field." Staff will return with recommendations and a Jan. agenda item to present clarifying guidance to agencies that use out-of-state or compact-license providers for pre-employment mental-health certification.
The commission did not adopt an enforcement change at the meeting; it directed staff to prepare a report and (if appropriate) request an advisory opinion or administrative guidance to reduce inconsistent practice across counties.
