62-42-101. Chapter definitions.

As used in this chapter, unless the context otherwise requires: 

(1) "Board" means the Tennessee board of employee assistance professionals; 

(2) "Consultation" means the act of giving expert advice on the role of an employee assistance professional in assisting troubled employees; 

(3) "Department" means the department of labor and workforce development; and 

(4) "Employee assistance professional" means a person who provides services to the public in a program designed to assist in identification and resolution of job performance problems in the workplace. 

[Acts 1993, ch. 346, § 2; 1999, ch. 520, § 44.]

62-42-102. Creation - Members.

(a)  There is hereby created the board of employee assistance professionals. 

(b)  The board shall consist of five (5) members who are residents of Tennessee to be appointed by the governor. 

(c)  Appointments to the board shall be as follows: 

(1) Two (2) members shall be independent, nationally certified and state licensed employee assistance professionals who shall serve for terms of one (1) year and three (3) years respectively; 

(2) One (1) person, who is not directly or indirectly engaged in the employee assistance profession, shall serve for a term of two (2) years; 

(3) One (1) licensed employee assistance professional shall serve for a term of four (4) years; and 

(4) One (1) licensed employee assistance professional shall serve for a term of five (5) years. 

(d)  The licensed employee assistance professionals appointed pursuant to subdivisions (c)(3) and (4) must have been engaged in active practice for no less than five (5) years. 

(e)  The Tennessee chapters of the Employee Assistance Professionals Association shall submit a list of at least three (3) nominees and the governor may make appointments from such list. 

(f)  All board members, except the member who is not directly or indirectly engaged as a employee assistance professional, shall be duly licensed or eligible to be licensed by the board.  Subsequent appointees to the board shall possess the professional qualifications required by their predecessors and shall be appointed to five-year terms. 

(g)  Members shall serve until their successors are appointed and qualified. Any vacancy occurring on the board shall be filled by the governor for the balance of the unexpired term.  A board member who has served a five-year term shall not be eligible for reappointment during the one-year period following the appointment of such member's successor. 

(h)  In making appointments to the board, the governor shall strive to ensure that at least one (1) person serving on the board is sixty (60) years of age or older and that at least one (1) person serving on the board is a member of a racial minority. 

(i)  For each day engaged in the business of the board, members shall receive as compensation fifty dollars ($50.00) and shall also receive actual expenses to be paid in accordance with the comprehensive travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter. 

(j)  The members of the board shall annually elect a chair and secretary. 

(k)  The board shall meet as frequently as shall be reasonably necessary to implement the provisions of this chapter.  Three (3) or more members of the board shall constitute a quorum for the purpose of transacting board business. 

(l)  For administrative purposes, the board shall be attached to the department. 

[Acts 1993, ch. 346, § 3; 1999, ch. 520, § 44.]

62-42-103. Powers and duties.

The board has the power and duty to: 

(1) Approve educational programs, to establish and prescribe courses, and to establish and prescribe the curricula and minimum standards for training, as required to prepare persons for licensure under this chapter; 

(2) Promulgate rules and regulations governing the issuance, renewal, suspension and revocation of licenses; 

(3) Establish minimum standards governing the activities and operations of licensed employee assistance professionals services; 

(4) Issue licenses; 

(5) Collect fees; and 

(6) Assess civil penalties as provided in this chapter. 

[Acts 1993, ch. 346, § 4.]

62-42-104. License and internship requirements.

(a)  To receive a license, an applicant shall have: 

(1) A high school degree or G.E.D.; and 

(2) Three (3) years full time supervised internship, or three thousand (3,000) hours of supervised internship work as well as board approved educational requirements. 

(b)  To meet the internship requirements, an applicant must enter into a board approved contractual agreement with a licensed employee assistance professional, who will provide supervision.  Such person will be titled as an employee assistance intern, during which time such person must be held under the same ethical code as those who are licensed.  Upon failure to uphold ethical conduct, the intern will be subject to board disciplinary action, until such requirements are met. 

[Acts 1993, ch. 346, § 5.]

62-42-105. Applications for licenses - Licenses renewal.

(a)  Any person desiring to be licensed shall apply to the board on a form approved by the board and accompanied by the appropriate fee.  The application shall contain such information as the board deems necessary for evaluation. 

(b)  Renewal of any license issued under the provisions of this chapter may be accomplished by paying an appropriate fee, submitting a renewal application, and otherwise complying with the applicable rules of the board. 

(c)  Any licensee may retire such licensee's license by submitting a form prescribed by the board, accompanied by the current active license certificate and an appropriate fee as established by the board. Upon receipt of an acceptable application to retire, the board shall issue a retired inactive license certificate to the employee assistance professional. The holder of a retired license shall not be entitled to practice as an employee assistance professional until the license has been reinstated. 

(d)  Any licensee who is not engaged in work or activities that require an employee assistance professional license may apply for a retired license. 

(e)  A retired Iicense shall be valid for a period of one (1) year from the certificate date. If the inactive licensee wishes to remain inactive for any portion of a subsequent calendar year, the licensee shall pay the appropriate fee as established by the board. 

(f)  The board shall not refund any of the renewal fee that a licensee may have paid prior to the receipt of the application to retire. 

(g)  A retired license may be reinstated by submitting an application acceptable to the board, by paying a prorated renewal fee and by fulfilling all other requirements of this chapter. The fee shall be prorated at a rate of twenty-five percent (25%) per quarter year of the current renewal fee. 

(h)  The retired status of a license shall not bar any disciplinary action by the board against a licensee for any of the causes provided in this chapter. 

[Acts 1993, ch. 346, § 6; 2005, ch. 190, § 2.]

62-42-106. License renewal of employee assistance professionals already licensed.

All persons who are licensed as employee assistance professionals shall renew their licenses as follows: 

(1) A certificate of license expires on the last day of the twelfth month following its issuance or renewal, and becomes invalid on such date unless renewed; 

(2) Renewal notices shall be mailed ninety (90) days prior to the expiration date of the license. Each applicant shall complete and return a renewal application to the office of the board thirty (30) days prior to the expiration of such license; 

(3) License renewal fees, in an amount established by the board, shall accompany each renewal application; and 

(4) If any holder of a license fails to renew that holder's license within sixty (60) days after registration becomes due, the license of such person shall be automatically revoked without further notice or hearing unless specifically requested. 

[Acts 1993, ch. 346, § 7; 1995, ch. 243, § 3; 1997, ch. 263, § 2; 2005, ch. 190, § 1.]

62-42-107. Out-of-state practitioners.

(a)  Any employee assistance professional licensed or certified in good standing in another state and based in a jurisdiction outside of Tennessee, but rendering services in Tennessee, must obtain a Tennessee license to practice employee assistance services in Tennessee. An applicant currently nationally certified or licensed in another state who meets the licensure requirements approved by the board shall be eligible for a Tennessee license. 

(b)  A license shall be issued when the applicant who is licensed or certified in good standing in another state: 

(1) Resides in Tennessee or is employed by a service operating in Tennessee; and 

(2) Submits an application with the appropriate fee to the board. 

(c)  Licenses must be obtained by each individual and not as a company. 

[Acts 1993, ch. 346, § 8.]

62-42-108. Violations - Enforcement measures - Penalties.

(a)  Whenever the board has reason to believe that a violation of this chapter, the regulations promulgated thereunder, or an order of the board, is occurring or is about to occur, the board may initiate any of the following enforcement measures: 

(1) The board may initiate a civil action in the chancery court of Davidson county or the county in which the alleged offender resides or does business.  In such action the board may seek and the court is authorized to grant any form of relief, injunctive and other, available at law or equity; 

(2) If the activity involved appears to be a criminal offense, the board shall refer the matter to the appropriate district attorney general for prosecution; 

(3) With respect to any person required to be licensed, the board may assess a civil penalty against such person in an amount not to exceed fifty dollars ($50.00) per day for each violation.  In assessing the civil penalty the board shall consider the following: 

(A) Whether the amount imposed will be a substantial economic deterrent to the violator; 

(B) The circumstances leading to the violation of the board's order; 

(C) The severity of the violation and the risk of harm to the employee; and 

(D) Economic benefits gained by the violator as a result of noncompliance. 

(b)  Civil penalties assessed by the board pursuant to subdivision (a)(3) are final thirty (30) days after the date the assessment is served unless the alleged violator, within that time, seeks review by the board.  If the violator fails to pay an assessment when it becomes final, the board may apply to the appropriate court for a judgment and seek execution of such judgment. 

[Acts 1993, ch. 346, § 9.]

62-42-109. Hearings.

Hearings before the board on enforcement or disciplinary actions shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. 

[Acts 1993, ch. 346, § 10.]

62-42-110. Representation as licensed professional.

No person shall, by verbal claim, advertisement, letterhead, card, or in any other way represent such person to be a licensed employee assistance professional unless such person possesses a valid state license issued pursuant to the provisions of this chapter. 

[Acts 1993, ch. 346, § 11.]

62-42-111. Employee assistance professional.

(a)  As used in this chapter, "employee assistance professional" means a licensed employee assistance professional who is qualified to provide employee assistance program services for employees and their families designed to assist in the identification and resolution of productivity problems associated with employees impaired by personal concerns, including health related, marital, family, financial, alcohol, drug, legal, emotional stress, or other personal concerns which may adversely affect employee job performance. 

(b)  An employee assistance program is designed to assist work organizations in addressing productivity issues, and "employee clients" in identifying and resolving personal concerns. The core activities of the employee assistance program represent the essential components of the employee assistance profession. The specific core activities of employee assistance professionals include: 

(1) Consultation with, training of, and assistance to work organization leadership, managers, supervisors, and union stewards, seeking to manage the troubled employee, enhance the work environment, and improve employee job performance; 

(2) Outreach to and education of employees and their family members about availability of employee assistance program services; 

(3) Confidential and timely problem identification/assessment services for employee clients with personal concerns that may affect job performance; 

(4) Use of constructive confrontation, motivation and short-term intervention with employee clients to address problems that affect job performance; 

(5) Referral of employee clients for diagnosis, treatment, and assistance, plus case monitoring and follow-up services; 

(6) Consultation to work organizations in establishing and maintaining effective relations with treatment and other service providers, and in managing provider contracts; 

(7) Consultation to work organizations to encourage availability of, and employee access to, health benefits covering medical and behavioral problems including, but not limited to, alcoholism, drug abuse, and mental and emotional disorders; and 

(8) Identification of the effects of employee assistance program services on the work organization and individual job performance. 

(c)  A person is subject to the provisions of this chapter if such person provides four (4) or more activities set forth in subsection (b). 

[Acts 1993, ch. 346, § 12; 2004, ch. 802, §§ 1, 2.]

62-42-112. Licensure of persons with nationally recognized professional certification.

A person who has received nationally recognized professional certification as an employee assistance professional shall apply to the board for licensure and, upon proof of such certification and upon payment of a fee as set by the board, such person shall receive a license as an employee assistance professional. 

[Acts 1993, ch. 346, § 13; 1997, ch. 263, § 1; 1998, ch. 648, § 1.]

62-42-113. Prohibited activities - Denial, suspension or revocation of licenses - Disciplinary measures.

The board has the power to deny, suspend, or revoke any license, or to otherwise discipline an applicant or holder of a license who is found guilty by the board of one (1) or more of the following: 

(1) Willful or repeated violation of any provision of this chapter or any rules of the board; 

(2) Fraud or deceit in procuring or attempting to procure a license, presenting to the board dishonest or fraudulent evidence of qualification, or fraud or deception in the process of examination for the purpose of securing a license; 

(3) Willful failure to display a license; 

(4) Fraud, deception, misrepresentation, dishonest or illegal practices in or connected with the practice of employee assistance; 

(5) Circulating knowingly untrue, fraudulent, misleading or deceptive advertising; 

(6) Gross malpractice, or a pattern of continued or repeated malpractice, ignorance, negligence or incompetence in the course of practice; 

(7) Unprofessional or unethical conduct, or engaging in practices in connection with the practice of employee assistance which are in violation of the standards of professional conduct prescribed by the board; 

(8) Conduct reflecting unfavorably upon the profession of employee assistance; 

(9) Willful making of any false statement as to material in any oath or affidavit which is required by this chapter; 

(10) Conviction of a felony under federal court or in the courts of Tennessee or any other state five (5) years prior to applying for a license or while licensed; 

(11) Permitting or allowing another to use such person's license for the purpose of providing or offering employee assistance services; 

(12) Engaging in practice under a false or assumed name, or the impersonation of another practitioner of a like, similar or different name; 

(13) Failure of an employee assistance professional to inform clients fully about the limits of confidentiality in a given situation, the purposes for which information is obtained, and how it may be used; 

(14) Referring a client to further obtain services from any source that would directly or indirectly financially profit the referring licensed employee assistance professional; 

(15) Denial of clients' reasonable requests for access to any records concerning them.  When providing clients with access to records, the employee assistance professional shall take due care to protect the confidences of others contained in those records; 

(16) Failure to obtain informed consent of clients before taping, recording, or permitting third party observation of their activities; 

(17) Failure to clarify the nature and directions of an employee assistance professional's loyalties and responsibilities as mandated by law and as mandated by their contracted agreement with a company; 

(18) Failure to fully inform consumers as to the purpose and nature of an evaluative research, treatment, educational or training procedure, and freely acknowledging that clients, students, or participants in research have freedom of choice with regard to participation; 

(19) Failure to attempt to terminate a consulting relationship when it is reasonably clear that the relationship is not benefiting the consumer; employee assistance professionals who find that their services are being used by employers beyond their contractual agreement, or beyond their licensed qualification, in a way that is not beneficial to the participants, have the responsibility to make their observations known to the responsible persons and to propose modification or termination of the engage