fr: . #13393:-
. 14": ?3 a} 


I.
a 4.: 

?15
STATE OF TENNESSEE
EXECUTIVE ORDER
BY THE GOVERNOR
No. 15

AN ORDER SUSPENDING PROVISIONS OF CERTAIN STATUTES AND
RULES AND TAKING OTHER NECESSARY MEASURES IN ORDER TO
FACILITATE THE TREATMENT AND CONTAINMENT OF COVID-19

WHEREAS, Coronavirus Disease 2019 (COVID-19) is a respiratory disease caused by
the virus that can result in mild or severe including fever, cough, and
shortness of breath, and can lead to serious illness or death, particularly in the case of older adults
and persons with serious chronic medical conditions; and

WHEREAS, the virus causing COVID-19 is frequently spread through close contact
between persons and respiratory transmission, and the Centers for Disease Control and Prevention
(CDC) has noted that the virus ?seems to be spreading easily and sustainably 1n the community?;
and

WHEREAS, in late 2019, a signi?cant outbreak of COVID-19 was identi?ed in China,
and this disease has since spread to many other countries; and

WHEREAS, to date, according to the CDC, there have been 10,442 cases of COVID-19
identi?ed in the United States, which have resulted in 150 deaths; and

WHEREAS, on January 16, 2020, the Tennessee Department of Health activated the
State Health Operations Center (SHOC), and on January 21, 2020, following CDC guidance, the
Department designated as a reportable disease in Tennessee; and

WHEREAS, on January 31, 2020, the US. Secretary of Health and Human Services
declared a public health emergency to aid the nation?s healthcare community in responding to
and

WHEREAS, on March 4, 2020, I announced the formation of a Coronavirus Task Force
to enhance Tennessee?s coordinated efforts to prevent, identify, and treat potential cases of
and that task force convened its ?rst meeting a few days later; and

1

WHEREAS, on March 4, 2020, the ?rst case of in the State of Tennessee was
identi?ed, and 153 additional con?rmed or presumptively positive cases of have since
been identi?ed in Tennessee, indicating that the number of cases continues to increase; and

WHEREAS, on March 11, 2020, the World Health Organization declared the outbreak a
global pandemic; and

WHEREAS, on March 12, 2020, I issued Executive Order No. 14, which declared a state
of emergency and waived certain laws to facilitate the response to and

WHEREAS, on March 13, 2020, President Trump issued a proclamation declaring that
the 9 outbreak in the United States constitutes a national emergency; and

WHEREAS, nearly all other states have also declared states of emergency to facilitate
their responses to and

WHEREAS, the spread and identi?cation of additional cases of 9 in Tennessee
is likely to continue, and therefore, taking proactive steps to mitigate to the greatest extent possible
the risk to public health and safety is paramount; and

WHEREAS, public and private health care, emergency, and other entities are engaged in
efforts throughout the state to treat and prevent the additional spread of and the
provisions of this Order are necessary to maximize those efforts and avoid undue strain on the
health care system; and

WHEREAS, Tennesseans, businesses, and governmental and nongovernmental entities
of all types are working and enduring consequences of efforts to limit the spread of 
and the provisions of this Order are designed to support those efforts and persons, while also
maintaining continuity of state government services; and

WHEREAS, taking further measures to limit the opportunities for community spread is
imperative to containing and thereby protecting the health and safety of Tennesseans,
including facilitating the uninterrupted delivery of materials, supplies, goods, and services, as well
as providing state services and conducting state business remotely or delaying such business or
services where appropriate, and such measures are designed to allow Tennesseans to avoid large
gatherings to the greatest extent possible to prevent community spread; and

WHEREAS, in addition to the other powers granted by law, Tennessee Code Annotated,
Section provides that during a state of emergency, the Governor is authorized to
suspend laws and rules regarding the conduct of state business if necessary to cope with the
emergency, utilize all available state and local resources and state departments and personnel to
combat the emergency, order evacuations, make orders concerning entry and exit and the
occupancy of premises within an emergency area, and take measures concerning the conduct of
civilians and the calling of public meetings and gatherings, among other things; and

WHEREAS, pursuant to this authority and the general emergency management powers of
the Governor under law, the temporary suspension of selected state laws and rules and the other
measures contained herein are necessary to facilitate the response to the current public health

emergency.

NOW THEREFORE, 1, Bill Lee, Governor of the State of Tennessee, by virtue of the
power and authority vested in me by the Tennessee Constitution and other applicable law, do
hereby declare a state of emergency and major disaster exists to facilitate the response to COVID-
19 and accordingly order the following:

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.

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 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.

The provisions of Tennessee Code Annotated, Section 63-10-207(a) and 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 of COVID- 1 9 in Tennessee, subject to all other
provisions of Tennessee Code Annotated, Sections 63-10-207 and 63-1?164.

The provisions of Tennessee Code Annotated, Section 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.

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. and Tenn. Comp. R. Regs. 1050-02-.15 are hereby
suspended to the extent necessary to relieve nurse practitioners who have been
issued a certi?cate of ?tness to write and sign prescriptions or issue drugs from the
following requirements: (1) ?ling 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
of legend 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.

The provisions of Tennessee Code Annotated, Title 63, Chapter 19, Part 1, Tenn.
Comp. R. Regs. through Tenn. Comp. R. Regs. 0880?03-25, and
Term. Comp. R. Regs. 0880-02-.18 are hereby suspended to the extent necessary
to relieve physician assistants from the following requirements: (1) ?ling 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.

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, certi?cate,
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,
certi?cation, or registration may continue to legally Operate or practice their
profession. No ?nes or penalties shall be assessed or collected if the holder of such
license, certi?cation, 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, certi?cate, or
registration shall be accepted as timely. When each license, certi?cate, or
registration is renewed, its new expiration date shall be twenty-four (24) months
after the expiration date it had prior to this Order.

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.

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 de?ned in Tennessee Code Annotated, Section 
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

10biological science ?eld 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.

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 certi?cate 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 COVID-19.

The provisions of Term. Comp. R. Regs. 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.

The provisions of Tennessee Code Annotated, Section 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 provided, that there shall be inspections of
such structures to ensure safety, as necessary.

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 (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
am, Central Daylight Time, on April 3, 2020.

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 Term. 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 ?ve-axle truck tractor/semi-trailer
combination shall be no less than ?fty-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? in height on the Interstate
Highway System, except on Interstate 55, and thirteen feet, six
inches (13? in height on Interstate 55 and any other highway on
the National Highway System; or

Fourteen feet, six inches (14? in Width.

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

g. Any person, ?rm, 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
of?cers 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 Of?ce, 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 certi?cate of insurance in the
vehicle at all times.

h. Paragraph 14(0) 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 CPR. Part 395 limiting the hours of service for the

6

16.

17.

18.

19.

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:

3. Nothing in this Order shall be construed as an exemption from the Commercial
Driver?s License requirements in 49 C.F.R. 383, the ?nancial 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 noti?es 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.

The provisions of Tennessee Code Annotated, Section are
hereby suspended to the extent necessary to allow the Commissioner of Labor and
Workforce Development to authorize the payment of unemployment bene?ts to a
claimant who is unemployed, as de?ned in Tennessee Code Annotated, Section 50-
7-21 1, because the claimant left work after being directed by a medical professional
or health authority to isolate or quarantine due to who intends to return
to work, and who is otherwise eligible for bene?ts.

The provisions of Tennessee Code Annotated, Section and (4),
which require reporting to an employment of?ce and having the ability and
undertaking reasonable efforts to secure work to receive unemployment bene?ts,
are hereby suspended upon receiving appropriate federal guidance. The one-week
waiting period imposed by Tennessee Code Annotated, Section is
also hereby suspended.

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 of 

The provisions of Tennessee Code Annotated, Section 45-2-1602(a) and Section
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 

20.

21.

22.

23.

24.

25.

The provisions of Tennessee Code Annotated, Section 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.

The provisions of Tennessee Code Annotated, Section and 
Section and Section and and Section 40-
and requiring the Tennessee Board of Parole to take certain
actions and conduct certain proceedings, the provisions of Tennessee Code
Annotated, Section requiring that hearings be open to the public,
the noti?cation requirements of Tennessee Code Annotated, Section 
and and any related provisions of Term. 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
am, Central Daylight Time, on April 19, 2020.

The provisions of Tennessee Code Annotated, Section 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.

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 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.

The provisions of Tennessee Code Annotated, Section 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.

The provisions of Tennessee Code Annotated, Sections 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.

27.

28.

29.

30.

31.

32.

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.

The provisions governing the initial issuance and renewal of licenses, permits, and
certi?cations 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.

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 

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 Fire?ghting Personnel Standards
and Education discretion to reasonably extend the deadline for meeting such
requirements as necessary to respond to the effects of 

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 Of?cer Standards and Training Commission
discretion to reasonably extend the deadline for meeting such requirements as
necessary to respond to the effects of COVID-19.

The provisions of Tenn. Comp. Regs. 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 

The provisions of Tennessee Code Annotated, Section 8-50-802, Tenn. Comp. 
Regs. 1120-06-01 through Tenn. Comp. 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 modi?ed operations due to 

33.

34.

35.

36.

37.

38.

The provisions of Tennessee Code Annotated, Section 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.

The Division of TennCare 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.

Tenn. Comp. R. Regs. 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.

Tenn. Comp. R. Regs. and are hereby suspended to the
extent necessary to grant the Department of Intellectual and Developmental
Disabilities the discretion to extend the medication administration certi?cation of
unlicensed personnel when necessary to provide for continuity of care.

Pursuant to Tennessee Code Annotated, Section 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 and improve

access to treatment options and medically necessary screening and testing for


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 
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 is hereby suspended to allow
telemedicine services by pain management clinics, as de?ned in Tennessee Code

10

39.

40.

41.

42.

Annotated, Section and in the case of chronic nonmalignant pain
treatment.

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
?ngerprint-based background checks.

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

This Order shall remain in effect until 12:01 am, 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.

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

IN WITNESS WHEREOF, I have subscribed my signature and caused the Great Seal of the State
of Tennessee to be af?xed this 19th day of March, 2020.

ATTEST:

MW

SECRETARY EYE STATE

RECEIVED
2020 MAR 19 PM 3:35

 

@2526-

GOVERNOR

 

SECRETARY OF STATE
PUBLICATIONS

11