Tennessee Nurse Practitioners Are Now Exempt from Subpoena to Trial

Analysis:  T.C.A. § 24-9-101 provides a list of individuals who are exempt from subpoena to trial in Tennessee.  These individuals are still subject to give a deposition by subpoena but they cannot be subpoenaed to trial.  Tennessee Public Chapter No. 590, was passed in the 2014 Tennessee Legislative session and it added “advanced practice nurses”, commonly referred to as “nurse practitioners” to the list of those who are exempt from subpoena to trial.  As a result, T.C.A. § 24-9-101 now provides the following list of individuals who are exempt from subpoena to trial:

(a) Deponents exempt from subpoena to trial but subject to subpoena to a deposition are:

(1) An officer of the United States;

(2) An officer of this state;

(3) An officer of any court or municipality within the state;

(4) The clerk of any court of record other than that in which the suit is pending;

(5) A member of the general assembly while in session, or clerk or officer thereof;

(6) A practicing physician, physician assistant, advanced practice nurse, psychologist, senior psychological examiner, chiropractor, dentist or attorney;

(7) A jailer or keeper of a public prison in any county other than that in which the suit is pending; and

(8) A custodian of medical records, if such custodian files a copy of the applicable records and an affidavit with the court and follows the procedures provided in title 68, chapter 11, part 4, for the production of hospital records pursuant to a subpoena duces tecum.

(b) If the court grants a motion to quash a subpoena issued pursuant to subsection (a), the court may award the party subpoenaed its reasonable attorney's fees and expenses incurred in defending against the subpoena.

As a result, nurse practitioners or “advanced practice nurses” are now exempt from subpoena and share the same status as many other professions across the state of Tennessee.  This is an important distinction to keep in mind when considering preparing for trial and whether a nurse practitioner or advance practice nurses can be subpoenaed to trial.  This statute went into effect on March 28, 2014.