68-11-227 - Prohibited hospital actions. - Tennessee Statutes

68-11-227. Prohibited hospital actions.

(a)  A hospital shall not require hospital-based physicians to:

     (1)  Pay for the cost of the use of necessary medical equipment related to the provision of medical services by the hospital-based physicians; or

     (2)  Share in the cost of advertising related to their services or services of the hospital, unless specifically required by contract.

(b)  The termination of an oral or written contract between a hospital and a hospital-based physician shall not result in loss of medical staff privileges, through contractual provisions or hospital policy, unless there is a written contract that contains a section separately executed by the parties that provides for the loss of medical staff privileges:

     (1)  If such physician is provided with at least six (6) months' written notice of the termination of the contract; and

     (2)  If such physician either:

          (A)  Provides medical services under the contract to a department of the hospital that has a closed staff and will have a closed staff after termination of the contract; or

          (B)  Provides medical services under the contract to a department of the hospital that has an open staff, but will have a closed staff after termination of the contract. In the case of an emergency physician, the notice of termination described in this subsection (b) may be less than six (6) months in order to obtain emergency coverage to satisfy requirements of state licensing rules, accreditation or applicable managed care plans.

(c)  As used in this section, “hospital-based physician” means an anesthesiologist, emergency physician, pathologist, or radiologist.

[Acts 1995, ch. 466, § 4.]