68-1-103 - Rules and regulations Fees and charges. - Tennessee Statutes

68-1-103. Rules and regulations Fees and charges.

(a)  The commissioner of health may adopt rules and regulations subject to the provisions of this chapter.

(b)  The commissioner is empowered to adopt, promulgate and enforce, with the concurrence of the comptroller of the treasury and the commissioner of finance and administration, rules and regulations establishing fees and charges for any public health service, including, but not limited to, licenses, permits, or authorizations rendered pursuant to, or required by, any statute administered by the department of health. Any and all recipients of public health services shall be responsible for payment of same. The commissioner is empowered to promulgate regulations to reduce or eliminate fees for any classification or classifications of services, based upon recipients' condition or ability to pay. All fees received for the performance of services shall be retained by the district, municipal or county health department rendering the service, subject to the prior approval of the commissioner. Any fees received by the state department of health, and any fees not retained by the district, municipal or county health department, shall be deposited with the state treasurer in accordance with the provisions set forth in § 9-2-127. Any fees retained by district, municipal or county public health departments are to be applied toward the cost of providing or expanding the service or evaluating and processing the license, permit or other authorization, and the district, municipal or county department shall provide an accounting to the state of all such fees retained by that department, in such manner as shall be determined by the commissioner. With the approval of the commissioner, district, municipal and county public health departments may establish fees and charges in excess of, or less than, fees and charges set by the commissioner. Any fee for services performed by the municipal, county or district public health departments not included on the fee schedule prepared by the commissioner shall be established by the district, municipal or county public health department. The amount of any fee established by the commissioner or by a district, municipal or county public health department under the provisions of this section shall not exceed the cost of providing the service.

(c)  Rules and regulations establishing fees shall be in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

[Acts 1877, ch. 98, § 8; Shan., § 3094; impl. am. Acts 1923, ch. 7, § 46; Code 1932, § 5756; Acts 1973, ch. 323, § 1; 1981, ch. 192, §§ 1, 2; T.C.A. (orig. ed.), § 53-103; Acts 1983, ch. 294, § 1.]