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SB 359

Medical Occupations - As enacted, authorizes a healthcare provider’s licensing board to issue a license subject to a private advocacy order that requires the applicant to participate in a peer assistance program approved by the board; designates private advocacy orders as confidential and not public records, as long as the provider does not fail to maintain participation in the peer assistance program and requires the initiation of disciplinary proceedings by the board. - Amends TCA Title 63.

114th Regular Session (2025-2026) Introduced by Richard Briggs

Tennessee lets healthcare boards issue conditional licenses with confidential peer assistance requirements, keeping provider restrictions hidden from the public unless compliance fails.

Pub. Ch. 317
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Bill Summary · SB 359

Legislative bill overview

SB 359 allows Tennessee healthcare licensing boards to issue licenses with conditions requiring participation in approved peer assistance programs, such as substance abuse or mental health support. These conditional licenses and associated "private advocacy orders" remain confidential and are not publicly disclosed unless the provider fails to maintain program participation or disciplinary proceedings are initiated.

Why is this important

This law creates a private pathway for healthcare providers struggling with addiction or mental health issues to maintain licensure while receiving treatment, potentially keeping experienced practitioners in the workforce. However, it also creates a confidential disciplinary system where the public has no visibility into which licensed providers are subject to restrictions or what conditions they must meet.

Potential points of contention

  • Public transparency vs. patient safety: Patients cannot access information about providers operating under these confidential orders, raising questions about informed consent and public accountability for healthcare quality
  • Selective confidentiality: The confidentiality only ends if a provider fails to comply or discipline is initiated; successful compliance means the public never learns about the initial concern, creating asymmetrical information
  • Scope and oversight: The bill grants broad discretion to licensing boards to define which peer assistance programs qualify and what constitutes compliance, with limited statutory guardrails or appeal mechanisms specified

Compiled from official sources — confirm details with the bill’s official record.

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