08/09/2021
STATE OF TENNESSEE GOVERNOR EXECUTIVE ORDER TO EMPLOY NATIONAL GUARD FOR COVID RESPONSE. THIS HAS MANY PEOPLE CONCERNED. Discretion to utilize National Guard and State Guard members in connection with certain health care and emergency services operations. This Paragraph 8 is issued for the limited purpose of authorizing personnel recognized under Tennessee Code Annotated, Sections 58-1-203, 58-1-204, and 58-1-402 (collectively, "Personnel"), to serve in certain health care and emergency services roles to reduce system capacity strain resulting from COVID-19. Namely, Personnel may: (1) perform authorized diagnostic testing for COVID-19 in health care settings, including but not to limited to hospitals, emergency departments, and alternate care sites (collectively, "Facilities"); (2) perform authorized nursing and other functions in Facilities; and (3) operate public or privately owned, permitted ambulance service vehicles with a licensed service. Accordingly, the following provisions are hereby suspended to the extent necessary to facilitate this Paragraph 8: Tennessee Code Annotated, Titles 63 and Title 68, and related rules, with respect to licensure, continuing education, and other requirements for Personnel or Facilities utilizing Personnel; Title 68, Chapter 140, Part 3, with respect to Personnel and licensed ambulance services utilizing Personnel; and any other state or local law, order, rule, or regulation that would limit the application of this Paragraph 8 is hereby suspended to the extent necessary to facilitate this Paragraph 8. This Paragraph 8 is subject to the following conditions: a. No Personnel shall operate under this Paragraph 8 unless designated by the Adjutant General upon request or order of the Governor; b. Personnel operating pursuant to this Paragraph 8 shall have the appropriate training or skills in the area(s) pertaining to their designations; c. The Adjutant General and Commissioner of Health, or their designees, shall determine the Facilities to which Personnel are assigned, based on need and other reasonable factors, in their sole discretion; d. Any Facility to which Personnel are assigned must submit, in writing to the Commissioner of Health, the responsibilities and tasks that Personnel will be undertaking while operating pursuant to this Paragraph 8; e. A list of Personnel designated to operate under this Paragraph 8 and the Facility or setting in which such Personnel will be operating shall be provided to the Commissioner of Health by the Adjutant General, and this list shall be updated from time to time as necessary; f. Any authority, duties, or scope of practice suspensions extended to Personnel pursuant to this Paragraph 8 shall terminate and be of no further force and effect upon the expiration or termination of Paragraph 8 or other order of the Governor to that effect; and g. This Paragraph 8 shall not affect the requirements and provisions of the suspended statutory and rule provisions with respect to any other person or facility.