Advocacy group sues Tennessee over racial requirements for medical boards

NASHVILLE, Tenn. -- A nonprofit dedicated to opposing diversity initiatives in medicine has filed a federal lawsuit challenging the requirements surrounding the racial makeup of key medical boards in Tennessee.

The Virginia-based Do No Harm filed the lawsuit earlier this month, marking the second legal battle the group has launched in the Volunteer State in the past year.

In 2023, Do No Harm filed a similar federal lawsuit seeking to overturn the state's requirement that one member of the Tennessee Board of Podiatric Medical Examiners must be a racial minority. That suit was initially dismissed by a judge in August but the group has since filed an appeal to the 6th Circuit Court of Appeals.

Do No Harm is now targeting Tennessee's Board of Medical Examiners, which requires the governor to appoint at least one Black member, and Board of Chiropractic Examiners, which requires one racial minority member.

In both lawsuits, Do No Harm and their attorneys with the Pacific Legal Foundation say they have clients who were denied board appointments because they weren't a minority.

“While citizens may serve on a wide array of boards and commissions, an individual’s candidacy often depends on factors outside his or her control, like age or race," the lawsuit states. "Sadly, for more than thirty-five years, Tennessee governors have been required to consider an individual’s race when making appointments to the state’s boards, commissions, and committees.”

A spokesperson for the both the medical and chiropractic boards did not immediately return a request for comment on Thursday. Gov. Bill Lee is named as the defendant in the lawsuit, due to his overseeing of state board appointments. His spokesperson declined to comment citing the pending litigation.

More than 35 years ago, the Tennessee Legislature adopted legislation directing the governor to “strive to ensure" that at least one member on state advisory boards are ages 60 or older and at least one member who is a “member of a racial minority.”

Do No Harm's lawsuit does not seek overturn the age requirement in Tennessee law.

According to the suit, there are two vacancies on the Board of Medical Examiners but because all of the current members are white, Gov. Lee “must consider a potential board member’s race as a factor in making his appointment decisions.”

Do No Harm was founded by Dr. Stanley Goldfarb, a kidney specialist and a professor emeritus and former associate dean at the University of Pennsylvania’s medical school. He retired in 2021 and incorporated Do No Harm — a phrase included in Hippocratic oath taken by all new physician receiving a medical degree — in 2022.

That same year, Do No Harm sued Pfizer over its program for its race-based eligibility requirements for a fellowship program designed for college students of Black, Latino and Native American descent. While the suit was dismissed, Pfizer dropped the program.

Meanwhile, Do No Harm has also offered model legislation to restrict gender-affirming care for youth which have been adopted by a handful of states.