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NASHVILLE, TN – (WJHL) – The chairman of Tennessee’s Senate Health and Welfare Committee says he and his staff are putting the finishing touches on a bill that would allow for the immediate suspensions of nursing licenses for nurses who fail drug tests and don’t have prescriptions for the drugs in question. Sen. Crowe says the legislation would give the Tennessee Department of Health commissioner and chief medical officer the ability to temporarily suspend a nurse’s license pending an investigation.

“We want every person that tests positive to be subject to suspension of license if we can show that that positive test doesn’t relate to a prescription that they have to take that drug,” Sen. Rusty Crowe (R – District 3) said. “Let’s find a way to suspend their work through licensure while we’re checking this out.”

The proposed legislation comes just months after our Community Watchdog investigation uncovered nursing board disciplinary delays that allowed drug-addicted nurses to keep their licenses and find new jobs while under investigation. As we previously discovered, emergency suspensions rarely occur.

The legislation, which Sen. Crowe expects to file by the end of the month, would also make it easier for hospitals to share disciplinary information about former employees with hospitals that are hiring. He says the bill would limit potential liability.

“When you call and ask about the work status of an employee or the kind of employee that they are, you need to feel comfortable that you can tell the truth through your Human Resources department,” Sen. Crowe said.

The legislation is in addition to the Department of Health’s internal efforts to reduce disciplinary delays. TDOH previously said the agency improved its procedures and added staff in response to our investigation.

“Our staff members continue to have discussions with Senator Crowe on the health licensure disciplinary action process,” TDOH Assistant Communications and Media Relations Director Shelley Walker said. “We are not able to comment on any proposed legislation.”

Tennessee Nurses Association Executive Director Sharon Adkins said she isn’t in a position to comment on the specifics of the legislation, since she has not yet seen the legislation.

“I do know, however, that there already is a process in place for reporting health care providers who test positive for drugs without the appropriate prescription,” Adkins said. “They include, but are not limited to, reporting to the appropriate board for disciplinary action, and/or referring to a monitoring program, and loss of employment.”

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