Executive Orders - Governor 🖊️

Governor Bill Lee — Executive Order No. 19 — Monday, March 23, 2020

  1. Dental service providers in the State of Tennessee, including but not limited to dentists, pediatric dentists, orthodontists, oral surgeons, periodontists, prosthodontists, and endodontists, shall not perform any non-emergency dental or oral procedures. Non-emergency dental or oral procedures include hygiene visits, cosmetic procedures, and other elective procedures. Emergency procedures for patients with acute dental or oral needs may still be performed, including treatment for pain, swelling, trauma, or an abscess.

  2. All hospitals and surgical outpatient facilities in the State of Tennessee shall not perform non-essential procedures, which includes any medical procedure that is not necessary to address a medical emergency or to preserve the health and safety of a patient, as determined by a licensed medical provider. All hospitals and freestanding surgical outpatient facilities must postpone through the expiration of this Order, at a minimum, joint replacement, bariatric surgery, and cosmetic surgery, except for emergency or trauma-related surgery where postponement would significantly impact the health, safety, or welfare of the patient. Medical procedures excluded from postponement include, but are not limited to, surgeries related to advanced cardiovascular disease (including coronary artery disease, heart failure, and arrhythmias) that would prolong life; oncological testing, treatment, and related procedures; pregnancy-related visits and procedures, including labor and delivery; organ transplantation; procedures related to dialysis; and emergency or trauma-related procedures where postponement would significantly impact the health, safety, and welfare of the patient.

  3. Non-hospital healthcare providers impacted by this Order are requested and encouraged to provide necessary personal protective equipment in their possession and not required for the emergency care exempted in the Order, including, but not limited to, medical gowns, N95 masks, surgical masks, TYVEK suits, boot covers, gloves, and/or eye protection to the Tennessee Emergency Management Agency by delivering such equipment to the nearest open Tennessee National Guard Armory listed on the TEMA website (www.tn.gov/tema) between the hours of 9:00 a.m. and 2:00 p.m.

  4. Any state or local law, order, rule, or regulation that would limit the application of this Order is hereby suspended.

  5. This Order shall be effective and enforceable at 12:01 a.m., Central Daylight Time, on March 24, 2020, and shall remain in effect until 12:01 a.m., Central Daylight Time, on April 13, 2020, at which time the suspension of any state laws and rules and the other provisions of this Order shall cease and be of no further force or effect.

Governor Bill Lee — Executive Order No. 18 — Sunday, March 22, 2020

  1. In accordance with the President’s Coronavirus Guidelines for America and the guidance from the CDC, to limit the spread of COVID-19 so that normal life and activities may resume as soon as possible:

    a. Persons in the State of Tennessee shall not participate m social gatherings often (10) or more people.

    b. Persons in the State of Tennessee shall not eat or drink onsite at restaurants, bars, or other similar food or drink establishments, and shall not visit gyms or fitness/exercise centers or substantially similar facilities

    c. Restaurants, bars, and similar food or drink establishments, including nightclubs, shall not be open to persons, except only to offer drive-through, pickup, carry-out, or delivery service for food or drink, and persons are highly encouraged to use such drive-through, pickup, carry-out, or delivery options to support such businesses during this emergency.

    d. Gyms or fitness/exercise centers or substantially similar facilities shall not be open to members or the public, although persons are highly encouraged to use any available electronic or virtual fitness options to support such businesses during this emergency.

    e. Persons in the State of Tennessee shall not visit nursing homes, retirement homes, or long-term care or assisted-living facilities, unless to provide essential assistance or to visit residents receiving imminent end-of-life care, provided such visits may be accomplished without unreasonable risk to other residents. Persons are highly encouraged to use available electronic or virtual communication to spend time with their family members, friends, loved ones, and other persons in those facilities.

    f. Persons and businesses should take particular care to protect the well-being of those populations especially vulnerable to COVID-19, including older adults and persons with compromised immune systems or serious chronic medical conditions, by, among other things, taking care to adhere to all precautions advised by the President and the CDC and refraining to the extent practicable from physical contact and association. Businesses should further consider implementing measures to protect our most vulnerable populations by, for example, offering delivery service or special opportunities for members of vulnerable populations to shop in retail establishments exclusive of the general population.

  2. This Order does not mandate sheltering in place and does not prohibit persons from visiting places necessary to maintain health and economic well-being, including grocery stores, gas stations, parks, and banks, among other places, so long as they observe the necessary precautions advised by the President and the CDC to reduce the spread of COVID-19.

  3. All critical infrastructure remains operational, and government entities and businesses will continue providing important and essential services.

  4. For offices, workplaces, and businesses that remain open, employees should work from home where feasible, and employees and their customers should practice good hygiene and observe the necessary precautions advised by the President and the CDC to reduce the spread ofCOVID-19.

  5. The provisions of Tennessee Code Annotated, Title 57, and related rules and other state or local laws, orders, rules, or regulations are temporarily suspended to the extent necessary to allow restaurants and limited service restaurants, as defined in Tennessee Code Annotated, Section 57-4-102, and wine-only restaurants, as permitted by Tennessee Code Annotated, Section 57-4-lOl(c), to sell for take-out or delivery alcoholic beverages or beer, so long as the following conditions are met:

    a. Any sale of an alcoholic beverage or beer is for consumption off of the premises of the restaurant, limited service restaurant, or wine-only restaurant ( collectively referred to hereafter as “restaurant”) and is accompanied by the sale of food in the same order;

    b. An alcoholic beverage or beer sold under this Paragraph 5 must be packaged in a container or bottle with a secure lid or cap and in a manner designed to prevent consumption without removal of the lid or cap, and customers shall not remove such lids or caps while operating a motor vehicle;

    c. Single servings of alcoholic beverages or beer and multi-serving bottles or containers of beer or wine normally sold by the restaurant may be sold under this Paragraph 5, but not bottles of spirits or liquor;

    d. A restaurant selling alcoholic beverages or beer under this Paragraph 5 shall prominently post a warning in a manner reasonably calculated to provide notice to customers of open container laws, which must include the following language from Tennessee Code Annotated, Section 55-10-416: “No driver shall consume any alcoholic beverage or beer or possess an open container of alcoholic beverage or beer while operating a motor vehicle in this state.” ;

    e. An employee or contractor of a restaurant providing or delivering alcoholic beverages or beer to a customer under this Paragraph 5 shall not provide or deliver such beverages to any person under twenty-one (21) years of age and may not provide or deliver such beverages to a person who is visibly intoxicated. Any such employee providing or delivering alcoholic beverages or beer must visually inspect a valid government-issued document deemed acceptable to the restaurant that includes the photograph and birth date of the adult consumer attempting to make an alcoholic beverage purchase and confirms that the person is at least twenty-one (21) years of age;

    f. A person delivering alcoholic beverages or beer under this Paragraph 5 must be at least twenty-one (21) years of age and must have a valid driver license; and

    g. An alcoholic beverage or beer sold under this Paragraph 5 must be sold during current operating hours. 6. Any state or local law, order, rule, or regulation inconsistent with this Order is hereby suspended.

  6. This Order shall be effective and enforceable at 12:01 a.m., Central Daylight Time, on March 23, 2020, and shall remain in effect until 12:01 a.m., Central Daylight Time, on April 6, 2020, at which time the suspension of any state laws and rules and the other provisions of this Order shall cease and be of no further force or effect.


Governor Bill Lee — Executive Order No. 16 — Friday, March 20, 2020

  1. As a reasonable measure to protect the safety and welfare of Tennesseans while ensuring that government business may continue in a manner that is open and accessible to the public, the provisions of Tennessee Code Annotated, title 8, Chapter 44, Part 1, are hereby suspended to the extent necessary to allow a governing body, as defined in Tennessee Code Annotated, Section 8-44-102, to meet and conduct its essential business by electronic means, rather than being required to gather a quorum of members physically present at the same location, if the governing body determines that meeting electronically is necessary to protect the health, safety, and welfare of Tennesseeans in light of the COVID-19 outbreak, subject to the following conditions:

    a. All governing body meetings conducted by electronic means under this Order shall remain open and accessible to public attendance by electronic means, as follows: Each governing body must make reasonable efforts to ensure that the public access to the meeting via electronic means is live access, but if the governing body cannot provide such live public access despite reasonable efforts, the governing body must make a clear audio or video recording of the meeting available to the public as soon as practicable following the meeting, and in no event more than two business days after the meeting; and

    b. This Order does not in any way limit existing quorum, meeting notice, or voting requirements under law, and governing bodies are urged to provide the public with clear notice of the meeting agenda and how the public can access the meeting electronically at a time and location reasonable accessible to all members of the public; and

    c. The provisions of Tennessee Code Annotated, Section 8-44-108(c), remain in effect; and

    d. All such meetings shall be conducted in a manner consistent with Article I, Section 19 of the Tennessee Constitution.

  2. Pursuant to Tennessee Code Annotated, Sections 58-2-107 and 58-2-118, I hereby authorize all governing bodies, state departments and agencies, and political subdivisions of the state, and other agencies designated or appointed by the governor to make, amend, and rescuing orders and rules as necessary to conduct electronic meetings adhering to the provisions and spirit of the Tennessee Constitution and Open Meetings Act.

  3. Given the findings underlying, and general applicability of, this Order, Tennessee Code Annotated, Section 8-44-108(b)(3), which requires each governing body to provide findings to the Secretary of State concerning the need for a meeting where a quorum is not physically present, is hereby suspended.

  4. Any law, order, rule, or regulation inconsistent with this Order is hereby suspended.

  5. This Order shall remain in effect until 12:01 a.m., Central Daylight Time, on May 18, 2020, at which time the suspension of any state laws and rules and my authorization pursuant to Tennessee Code Annotated, Section 58-2-118, shall cease and be of no further force or effect.


Governor Bill Lee — Executive Order No. 15 — Thursday, March 19, 2020

  1. The Commissioner of Health or her designee, in conjunction with the Director of the Tennessee Emergency Management Agency (TEMA) or his designee, shall implement the Tennessee Emergency Management Plan (TEMP) and all applicable annexes to coordinate the State’s response to COVID-19.

  2. The relevant provisions of Tennessee Code Annotated, Titles 63 and 68, and related rules are hereby suspended to the extent necessary to give the Commissioner of Health the discretion to allow a health care professional who is licensed in another state, and who would otherwise be subject to the licensing requirements under Title 63 or Title 68, to engage in the practice of such individual’s profession in Tennessee, if such individual is a health care professional who is assisting in the medical response to COVID-19, including treating routine or other medical conditions. The Commissioner of Health shall provide the requisite form for practicing under this Paragraph on the Department of Health’s Health Professional Boards webpage.

  3. The provisions of Tennessee Code Annotated, Section 63-10-207(a) and (c), are hereby suspended to allow a pharmacist to dispense up to a 90-day supply of maintenance prescriptions without proper authorization to persons as is necessary to respond to and prevent the spread ofCOVID-19 in Tennessee, subject to all other provisions of Tennessee Code Annotated, Sections 63-10-207 and 63-1-164.

  4. The provisions of Tennessee Code Annotated, Section 68-11-201(20), are hereby suspended to the extent necessary to allow health care professionals who would otherwise be subject to licensing requirements to provide localized treatment of patients in temporary residences.

  5. The provisions of Tennessee Code Annotated, Section 63-7-123, Tenn. Comp. R. & Regs. 1000-04-.04, Tenn. Comp. R. & Regs. 0880-06-.01 through Tenn. Comp. R. & Regs. 0880-06-.03, and Tenn. Comp. R. & Regs. 1050-02-.15 are hereby suspended to the extent necessary to relieve nurse practitioners who have been issued a certificate of fitness to write and sign prescriptions or issue drugs from the following requirements (1) filing a notice with the Board of Nursing containing the name of the nurse practitioner, the name of the licensed physician collaborating with the nurse practitioner, and a copy of the formulary describing the categories oflegend and non-legend drugs to be prescribed or issued by the nurse practitioner; (2) having charts reviewed; and (3) having remote sites visited by collaborating physicians every thirty (30) days.

  6. The provisions of Tennessee Code Annotated, Title 63, Chapter 19, Part 1, Tenn. Comp. R. & Regs. 0880-03-.01 through Tenn. Comp. R. & Regs. 0880-03-.25, and Tenn. Comp. R. & Regs. 0880-02-.18 are hereby suspended to the extent necessary to relieve physician assistants from the following requirements (1) filing a notice of authorization for prescribing form with the Committee on Physician Assistants containing the name of the physician assistant, the name of the licensed physician collaborating with the physician assistant, and a copy of the formulary describing the categories of legend and non-legend drugs to be prescribed or issued by the physician assistant; (2) having charts reviewed; and (3) having remote sites visited by collaborating physicians every thirty (30) days.

  7. The relevant provisions of Tennessee Code Annotated, Titles 63 and 68, and related rules are hereby suspended to the extent necessary to extend the current expiration dates for health care professionals and facilities to renew their license, certificate, or registration set to expire between March 12, 2020, and the date on which this Order terminates for three (3) months, during which time the holder of each license, certification, or registration may continue to legally operate or practice their profession. No fines or penalties shall be assessed or collected if the holder of such license, certification, or registration practices or operates during this extended period. Any renewal application received by the Tennessee Department of Health within three (3) months of the expiration date of the license, certificate, or registration shall be accepted as timely. When each license, certificate, or registration is renewed, its new expiration date shall be twenty-four (24) months after the expiration date it had prior to this Order.

  8. The relevant portions of Tennessee Code Annotated, Title 63, Chapter 10, and Tenn. Comp. R. & Regs. 1140-02-.01 through Tenn. Comp. R. & Regs. 1140-02-.02 are hereby suspended to the extent necessary to allow pharmacy technicians and pharmacists to complete computer-based processing of prescriptions at alternative locations, including from the residence of the pharmacy technician or pharmacist. Such computer-based processing shall be conducted utilizing adequate security to ensure all aspects of the Health Insurance Privacy and Accountability Act of 1996 are followed. No laws pertaining to licensed pharmacy practice sites, the storage of drugs, recordkeeping, or dispensing processes are waived or limited by this Order.

  9. The relevant portions of Tennessee Code Annotated, Title 68, Chapter 29, and related rules are hereby suspended to the extent necessary to give the Commissioner of Health the discretion to allow individuals to work as medical laboratory technologists, as defined in Tennessee Code Annotated, Section 68-29-103(16), with respect to coronavirus testing only, without a license while employed by a licensed medical laboratory and working under the supervision of a medical laboratory director; provided, that, such an individual must be a postdoctoral fellow in a biological science field such as pathology, microbiology, chemistry, molecular diagnostics, or immunology. The Commissioner of Health shall provide the requisite form for practicing under this Paragraph on the Department of Health’s Health Professional Boards webpage.

  10. The provisions of Tennessee Code Annotated, Section 68-11-1607, are hereby suspended to the extent necessary to allow hospitals that would otherwise be subject to certificate of need requirements to temporarily increase their number of licensed hospital beds at any location or temporarily establish hospital and diagnostic services at any location, if necessary for the treatment of COVID-19 patients, as well as to the extent necessary to facilitate activity authorized by the provisions of this Order and any subsequent order concerning CO VID-19.

  11. The provisions of Tenn. Comp. R. & Regs. 1200-06-03-.16 are suspended to allow testing for COVID-19 at alternate testing sites without prior approval by the Medical Laboratory Board; provided, that laboratories shall notify the Medical Laboratory Board of any such alternate testing sites.

  12. The provisions of Tennessee Code Annotated, Section 68-11-202(c)(l)-(8), are hereby suspended to allow for the construction of temporary structures, the plans for which would otherwise be subject to review for new construction, additions, or substantial alterations, as directed by the Commissioner of Health and the Director of TEMA in response to COVID-19; provided, that there shall be inspections of such structures to ensure safety, as necessary.

  13. In accordance with Tennessee Code Annotated, Section 47-18-5103, it is hereby declared that in Tennessee an abnormal economic disruption exists, and therefore, persons are prohibited from charging any other person a price for medical supplies, emergency supplies, or consumer food items, as listed in Tennessee Code Annotated, Section 47-18-5103(a)(l)(A), (C), and (D), that is grossly in excess of the price generally charged for the same or similar goods or services in the usual course of business. Paragraph 13 of this Order shall remain in effect until 12:01 a.m., Central Daylight Time, on April 3, 2020.

  14. The provisions of Tennessee Code Annotated, Section 55-4-401, through Tennessee Code Annotated, Section 55-4-413, Tennessee Code Annotated, Section 55-7-201, through Tennessee Code Annotated, Section 55-7-209, and Tenn. Comp. R. & Regs. 1680-07-01-.01 through Tenn. Comp. R. & Regs. 1680-07-01-.25 that set forth maximum height, length, and width limitations are hereby suspended in the case of vehicles participating in the response to or preparation for COVID-19, subject to the following conditions

    a. A vehicle must be transporting emergency goods, supplies, equipment, mobile structures, or other items to affected areas.

    b. A vehicle shall be permitted only to travel on (1) Interstate Highways; (2) highways on the National Highway System; and (3) other state-maintained roads as may be required to obtain access to needed services off of the aforementioned highways, without any restrictions on their time of movement except as may otherwise be provided in this Order.

    c. A vehicle may transport a divisible or non-divisible load up to a maximum gross vehicle weight of 95,000 pounds and a maximum axle weight of 20,000 pounds, except on any bridge or overpass with a lower posted weight limit.

    d. The outer bridge span of any five-axle truck tractor/semi-trailer combination shall be no less than fifty-one feet (51 ’).

    e. The overall dimensions of a vehicle and load shall not exceed

    i. One hundred feet (100’) in length;

    ii. Fourteen feet, four inches (14’ 4 ”) in height on the Interstate Highway System, except on Interstate 55, and thirteen feet, six inches (13’ 6”) in height on Interstate 55 and any other highway on the National Highway System; or

    iii. Fourteen feet, six inches (14’ 6”) in width.

    f. Vehicles that do not exceed ten feet (1 O’) in width may travel seven (7) days per week during daylight or nighttime hours without any time restrictions.

    g. Any person, firm, company, corporation, or other entity that undertakes the movement of any overweight and/or overdimensional article and/or commodity on the highways of Tennessee shall hold Tennessee and its officers and employees harmless from any claims for damages resulting from the exercise of any of the privileges granted under this Order and, to this end, shall carry liability insurance with an insurer, acceptable to the Tennessee Department of Transportation’s Oversize and Overweight Permit Office, in the amount of not less than three hundred thousand dollars ($300,000) for each claimant and one million dollars ($1,000,000) per occurrence. The transporter shall carry the certificate of insurance in the vehicle at all times.

    h. Paragraph 14(c) of this Order shall take effect only upon the issuance of and in accordance with an appropriate declaration by the President of the United States.

  15. In accordance with 49 C.F.R. § 390.23, as adopted by Tenn. Comp. R. & Regs. 1340-06-01-.08, there is hereby provided a temporary exception from the federal rules and regulations in 49 C.F.R. Part 395 limiting the hours of service for the operator of a commercial motor vehicle providing supplies, equipment, personnel, and other provisions to assist persons affected by COVID-19, subject to the following conditions

    a. Nothing in this Order shall be construed as an exemption from the Commercial Driver’s License requirements in 49 C.F.R. § 383, the financial requirements in 49 C.F.R. § 387, or applicable federal size and weight limitations.

    b. No motor carrier operating under the terms of this Order shall require or allow an ill or fatigued driver to operate a motor vehicle. A driver who notifies a motor carrier that he or she needs immediate rest shall be given at least ten (10) consecutive hours off-duty before the driver is required to return to service.

  16. The provisions of Tennessee Code Annotated, Section 50-7-303(a)(l)(A), are hereby suspended to the extent necessary to allow the Commissioner of Labor and Workforce Development to authorize the payment of unemployment benefits to a claimant who is unemployed, as defined in Tennessee Code Annotated, Section 50-7-211, because the claimant left work after being directed by a medical professional or health authority to isolate or quarantine due to COVID-19, who intends to return to work, and who is otherwise eligible for benefits.

  17. The provisions of Tennessee Code Annotated, Section 50-7-302(a)(3) and (4), which require reporting to an employment office and having the ability and undertaking reasonable efforts to secure work to receive unemployment benefits, are hereby suspended upon receiving appropriate federal guidance. The one-week waiting period imposed by Tennessee Code Annotated, Section 50-7-302(a)(5), is also hereby suspended.

  18. The relevant provisions of Tennessee Code Annotated, Title 71, Chapter 3, Part 5, and related rules are hereby suspended to the extent necessary to give the Commissioner of Human Services the discretion to waive the child care licensure requirements to allow suspension of onsite assessment and licensing monitoring visits, permit reviews by desk audit, and extend current licenses, as well as waive other child care licensure requirements, including provisions concerning capacity, care categories, grouping, license transfers, and drop-in centers, if necessary to respond to the effects ofCOVID-19.

  19. The provisions of Tennessee Code Annotated, Section 45-2-1602(a) and Section 45-4-1002(a), and related rules requiring examination of state-chartered banks, trust companies, and credit unions within certain time periods are hereby suspended to the extent necessary to give the Commissioner of Financial Institutions discretion to extend the applicable examination cycle of such institutions when the Commissioner determines that conducting an examination would not be appropriate given the risks associated with COVID-19.

  20. The provisions of Tennessee Code Annotated, Section 9-4-301(a), and Tennessee Department of Finance and Administration Policy 25, are hereby suspended to the extent necessary to allow the Commissioner of Revenue to implement processes that will safeguard the health, welfare, and safety of employees handling and processing payment instruments.

  21. The provisions of Tennessee Code Annotated, Section 40-28-118( a) and (b ), Section 40-28-121(b) and (d), Section 40-28-122(a), (c), and (f), and Section 40-35-503(d), (e), (f), and (h), requiring the Tennessee Board of Parole to take certain actions and conduct certain proceedings, the provisions of Tennessee Code Annotated, Section 40-28-502(a)(l), requiring that hearings be open to the public, the notification requirements of Tennessee Code Annotated, Section 40-28-505(b), (c), (e), and (g), and any related provisions of Tenn. Comp. R. & Regs. 1100-01-01-.01 through Tenn. Comp. R. & Regs. 1100-01-01-.16 and Board of Parole policies adopted pursuant to Tennessee Code Annotated, Section 40-28-104, are hereby suspended. However, the Board of Parole is directed to use all available processes, alternatives, and technology to maintain continuity of services and hearings to the greatest extent practicable while maintaining the health and safety of all persons involved. Paragraph 21 of this Order shall remain in effect until 12:01 a.m., Central Daylight Time, on April 19, 2020.

  22. The provisions of Tennessee Code Annotated, Section 55-4-104(a)-(d), are hereby suspended to the extent necessary to delay the expiration of all valid motor vehicle registrations set to expire between March 12, 2020, and May 18, 2020. Such motor vehicle registrations shall instead expire on June 15, 2020; provided, however, that such registrations shall return to their original renewal schedules in subsequent years.

  23. The provisions of Tennessee Code Annotated, Sections 55-50-336 and 55-50-337, are hereby suspended to the extent necessary to delay the expiration of all valid Class A, B, C, D, P, and M driver licenses and Class ID photo identification licenses set to expire between March 12, 2020, and May 18, 2020. Such licenses shall instead expire six ( 6) months from the current date the license is set to expire.

  24. The provisions of Tennessee Code Annotated, Section 39-17-1351(n)(l), are hereby suspended to the extent necessary to delay the expiration of a valid enhanced handgun carry permit set to expire between March 12, 2020, and May 18, 2020. Such permits shall instead expire six (6) months from the current date the permit is set to expire.

  25. The provisions of Tennessee Code Annotated, Sections 55-10-417(d) and 55-10-425, requiring persons with ignition interlock devices to appear at certain times at the ignition interlock device provider for calibration, monitoring, or inspection of the device, are hereby suspended until June 15, 2020. Any such time periods running as of the effective date of this Order are stayed until June 15, 2020, at which time they shall resume running.

  26. Any time limits set forth in Title 40, Chapter 33, Part 2, on taking actions or conducting proceedings are hereby suspended until June 15, 2020. Any such time periods running as of the effective date of this Order are stayed until June 15, 2020, at which time they shall resume running.

  27. The provisions governing the initial issuance and renewal oflicenses, permits, and certifications issued by the Department of Commerce and Insurance and the boards, commissions, and agencies administratively attached to the Department are suspended to the extent necessary to give the Commissioner of Commerce and Insurance and the boards, commissions, and agencies discretion to reasonably extend the deadline for obtaining the required education, continuing education, or in-service credits as necessary to respond to the effects of COVID-19.

  28. The provisions governing building plans review or building code requirements under the purview of the Department of Commerce and Insurance are suspended to the extent necessary to give the Commissioner of Commerce and Insurance discretion to reasonably extend the deadline for compliance with such provisions as necessary to respond to the effects of COVID-19.

  29. The provisions of Tennessee Code Annotated, Sections 4-24-112, 4-24-202 and 4-24-205, requiring completion of basic training and in-service credits are suspended to the extent necessary to give the Commission on Firefighting Personnel Standards and Education discretion to reasonably extend the deadline for meeting such requirements as necessary to respond to the effects of COVID-19.

  30. The provisions of Tennessee Code Annotated, Sections 38-8-107 and 38-8-111, requiring completion of basic training and in-service credits are suspended to the extent necessary to give the Peace Officer Standards and Training Commission discretion to reasonably extend the deadline for meeting such requirements as necessary to respond to the effects of CO VID-19.

  31. The provisions of Tenn. Comp. R & Regs. 0780-04-03-.01(4)(d) and 0780-04-03-.01 (10)(c) governing eligibility for initial registration with the Securities Division of Department of Commerce and Insurance are suspended to the extent necessary to give the Commissioner of Commerce and Insurance discretion to reasonably extend the time periods for completing certain registration application requirements as necessary to respond to the effects of COVID-19.

  32. The provisions of Tennessee Code Annotated, Section 8-50-802, Tenn. Comp. R & Regs. 1120-06-.01 through Tenn. Comp. R & Regs. 1120-06-.26, and related Department of Human Resources policies are to the extent necessary hereby suspended so that executive branch appointing authorities and the Commissioner of Human Resources may grant discretionary leave to an employee subject to Title 8, Chapter 30, who is directed not to report to work because of COVID-19, or because of modified operations due to COVID-19.

  33. The provisions of Tennessee Code Annotated, Section 33-2-413(a), are hereby suspended to the extent necessary to give the Commissioner of Mental Health and Substance Abuse Services the authority to suspend the required unannounced life safety and environmental inspections of licensed services or facilities, absent the death of a service recipient at the service or facility with an indication of possible abuse or neglect by the service or facility or its employees or a request for placement assistance from law enforcement or state or federal agencies regarding the service or facility.

  34. The Division ofTennCare is hereby authorized to create policies or modify existing policies as is necessary to ensure that members of the TennCare and CoverKids programs continue to receive medically necessary services without disruption during this state of emergency.

  35. Tenn. Comp. R. & Regs. 0465-01-01-.05(3) is hereby suspended to the extent necessary to allow for admission to a state-owned and operated facility under Title 33 without conducting a Statewide Admission Review Committee review within seven (7) days of admission.

  36. Tenn. Comp. R. & Regs. 0465-0l-03.04(4)(a) and (b) are hereby suspended to the extent necessary to grant the Department of Intellectual and Developmental Disabilities the discretion to extend the medication administration certification of unlicensed personnel when necessary to provide for continuity of care.

  37. Pursuant to Tennessee Code Annotated, Section 58-2-107(e)(2), I hereby direct the Tennessee Department of Health and the Tennessee Department of Commerce and Insurance to continue working with health insurance carriers operating in the state to identify and remove any burdens to responding to COVID-19 and improve access to treatment options and medically necessary screening and testing for COVID-19.

  38. Health insurance carriers are urged to provide coverage for the delivery of clinically appropriate, medically necessary covered services via telemedicine to all providers, irrespective of network status or originating site. Providers are urged to follow the new guidance from the federal Centers for Medicare and Medicaid Services regarding equipment and everyday communications technologies that may be used for the provision of telemedicine services. Carriers are urged not to impose prior authorization requirements on medically necessary treatment related to COVID-19 delivered by in-network providers via telemedicine. Health care professionals licensed in another state who are authorized pursuant to this Order to temporarily practice in this state are permitted to engage in telemedicine services with patients in Tennessee to the extent the scope of practice of the applicable professional license in this state would authorize the professional to diagnose and treat humans. Tennessee Code Annotated, Section 63-1-155(c)(3), is hereby suspended to allow telemedicine services by pain management clinics, as defined in Tennessee Code Annotated, Section 63-1-301(7), and in the case of chronic nonmalignant pain treatment.

  39. The provisions of Tennessee Code Annotated, Title 38, Chapter 6, Part 1, are hereby suspended to the extent necessary to authorize the Tennessee Bureau of Investigation to conduct name-based background checks for applicants, rather than fingerprint-based background checks.

  40. Tennessee Code Annotated, Section 40-32-102(b), which imposes upon the Tennessee Bureau of Investigation a sixty-day deadline for removing expunged records from criminal histories, is hereby suspended.

  41. This Order shall remain in effect until 12:01 a.m., Central Daylight Time, on May 18, 2020, at which time the suspension of any state laws and rules shall cease and be of no further force or effect.

  42. This Order supersedes Executive Order No. 14, dated March 12, 2020, which is hereby repealed.


Governor Bill Lee — Executive Order No. 14 — Thursday, March 12, 2020

Repealed by the Executive Order 15.