(a) The transfer of patient medical information to a person in another state who is not licensed to practice medicine or osteopathy in the state of Tennessee, using any electronic, telephonic or fiber optic means or by any other method, constitutes the practice of medicine or osteopathy if such information is employed to diagnose and/or treat, any person physically located within the state of Tennessee.
(b) Notwithstanding subsection (a) to the contrary, the transfer of such information shall not constitute the practice of medicine if:
(1) Such information is to be used by a medical doctor or doctor of osteopathy licensed in Tennessee;
(2) Such information is to be used for a second opinion requested by a Tennessee licensed medical doctor or doctor of osteopathy; provided, no charges are assessed for such second opinion;
(3) Such information is to be used by an out-of-state physician for treatment of a person who is seeking medical treatment out of Tennessee;
(4) Such information is used to determine if such patient is covered by insurance;
(5) Such information is to be used by physicians in another state to provide occasional academic consultations to a medical school located in Tennessee; or
(6) Such information is used by insurance or related companies for risk evaluation, utilization review, claims processing and/or evaluation of claimant's rehabilitation, including establishing and administering rehabilitation plans. The establishing and administering of such rehabilitation plans shall not include the diagnosis and/or treatment of any person physically located within the state of Tennessee as prohibited by subsection (a).
(c) This section shall not apply to research hospitals, as defined in § 63-6-204(f)(7).
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