The Diagnostician Question · Tennessee · 2026

The diagnostician question in Tennessee

Who can give the autism diagnosis in Tennessee, and what happens to your ownership if you bring that diagnostician in-house, with the operative statute quoted verbatim. This page carries what is specific to Tennessee; the framework, the structure, and the 17-state comparison are in the diagnostician question hub.

Important · This is not legal advice

This page is general educational information about corporate-practice, professional-entity, and anti-kickback law as it affects applied behavior analysis practices in Tennessee. It is not legal, tax, or business advice, it creates no attorney-client relationship, and it is not produced by an attorney. Confirm the verbatim text against the current official code and engage qualified healthcare-regulatory and tax counsel before acting.

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Tennessee · classification
Flip on in-house

Bringing a diagnosing psychologist or physician in-house forces licensee ownership. Flip: separate licensee-owned diagnostic entity plus a management company.

Who may give the diagnosis in Tennessee

The medical-necessity diagnosis is made by a licensed physician or a licensed psychologist. A BCBA may not diagnose ASD, so the diagnostician you would bring in-house is a psychologist or a physician, and both are professions the state may treat differently from behavior analysis.

How Tennessee treats psychology and medicine ownership

Tennessee's learned-professions doctrine bars an ordinary entity from employing physicians, and a professional limited liability company may include non-licensee members only if the licensing board authorizes it, and may render only a single profession. That channels psychology into a licensee-owned entity.

Verbatim, Tenn. Code Ann. § 48-249-1109(b)A PLLC may have persons who are not licensed to practice a profession described in the PLLC's articles in this state as members or holders of financial rights, only if the licensing authority that licenses the professionals who are members or holders of such a PLLC specifically so authorizes.
Verbatim, Tenn. Code Ann. § 48-249-1104(a)a PLLC may be formed, and professional LLC status of an LLC may be elected, solely for the purpose of rendering professional services, including services ancillary to them, and solely within a single profession.

What bringing the diagnostician in-house does

Bringing a diagnosing psychologist or physician in-house forces licensee ownership. Flip: separate licensee-owned diagnostic entity plus a management company.

How to structure it in Tennessee

Keep the ABA entity ABA-only and non-licensee owned, and put the diagnosis in a separate licensee-owned entity connected through a management company on fair-market-value, not volume-based, terms so the referral survives the federal Anti-Kickback Statute; or rely on an outside referral with no remuneration flowing for the referral. If the diagnostician is a physician and the payer is Medicaid, the federal physician self-referral rules add a layer that a psychologist does not trigger. The full three-entity structure is set out in the diagnostician question hub.

Confirm current requirements directly

The corporate-practice, professional-entity, and anti-kickback rules summarized here are amended and reinterpreted, and verbatim text is a starting point rather than a conclusion. The official Tennessee code, the applicable federal safe harbor, and qualified healthcare-regulatory and tax counsel are the authoritative sources.

Last updated July 2026. The diagnosis-authority and diagnostician-ownership question for ABA practices in Tennessee, with the operative provision quoted verbatim from the official code. Statutes and safe harbors change and are interpreted by agencies and courts. Nothing here is legal, tax, or financial advice. Confirm against the official code and consult qualified counsel before structuring a diagnosis-and-treatment arrangement.