Tenn. Comp. R. & Regs. 0800-02-20-.05 - APPLICATION PROCEDURES FOR PHYSICIANS TO JOIN THE REGISTRY

(1) Appointment to the MIR Registry shall expire upon a physician's decision to withdraw from the Registry or the Bureau's removal of a physician from the Registry. The Bureau reserves the right to charge physicians a non-refundable application fee upon appointment or reinstatement to the MIR Registry.

(2) An advisory panel of three (3) current MIR Registry physicians shall be randomly selected by the Program Coordinator to review the application. The Panel shall include one member from each grand division of the state who shall have been on the MIR Registry for at least five (5) years without any disciplinary actions imposed by the Bureau. Each panelist shall either recommend or not recommend to the Administrator the applicant for inclusion on the MIR Registry. The Administrator shall have the sole and exclusive authority to approve or reject applications for inclusion on the MIR Registry.

(3) Physicians seeking appointment to the MIR Registry shall complete a "Physician Application for Appointment to the Certified Physician Program and/or MIR Registries," available upon request or on-line at http://www.tn.gov/assets/entities/labor/attachments/MIR_appl_registry.pdf.

(4) Upon appointment to the MIR Registry, MIR Physicians shall comply with the following conditions:

(a) Conduct all MIR evaluations based on the guidelines in the applicable edition of the AMA Guides^TM and submit the original "MIR Report" with all attachments to the Program Coordinator. In cases not covered by the applicable AMA Guides^TM, any impairment rating allowed under the Act shall be appropriate;

(b) Agree to conduct all evaluations within 30 days of receiving referrals, except when good cause is shown. Consideration will be given to a physician's schedule and other previously arranged or emergency obligations;

(c) Comply with the MIR Registry's Rules;

(d) While on the MIR Registry, agree to maintain an active and unrestricted license to practice medicine, chiropractic, or osteopathy in Tennessee and to immediately notify the Administrator of any change in the status of the license, including any restrictions placed upon the license;

(e) While on the MIR Registry, agree to maintain all board certifications listed on the application and to immediately notify the Administrator of any change in their status;

(f) Conduct MIR evaluations in an objective and impartial manner, and shall:

1. Conduct all evaluations only in a facility where the primary use of the site is for medical service, except in instances of telehealth, as permitted under the Tennessee Workers' Compensation Law;

2. Comply with all local, state and federal laws, regulations, and other requirements with regard to business operations, including specific requirements for the provision of medical services;

3. Not conduct a physical examination on a claimant of the opposite sex without a witness of the same sex as the claimant present.

(g) Not refer any MIR Registry claimant to another specific physician for any treatment or testing nor suggest referral or treatment. However, if new diagnoses are discovered, the physician has a medical obligation to inform the requesting party and the claimant about the condition and recommend further medical assessment;

(h) Not become the treating physician for the claimant regarding the work-related injury;

(i) Not evaluate an MIR Registry claimant if a conflict of interest exists;

(j) Not substitute, or allow to be substituted, anyone else, including any other physician, physician assistant, nurse practitioner, physical therapist or staff member, as the physician to conduct the MIR Registry evaluation;

(k) No later than fifteen (15) calendar days after a request by the Program Coordinator to refund to the paying party part or all of any fee paid by that party for a MIR Registry evaluation, as may be required by these Rules and the Administrator; and

(l) For each MIR Registry case assigned, address only the issue of permanent impairment rating.

(5) Bureau employees may be appointed to the MIR Registry in compliance with these Rules.

(6) Physicians denied appointment to the MIR Registry by the Administrator or Administrator's designee on their initial application may seek reconsideration of their application by submitting a request for reconsideration stating the grounds for such reconsideration to the Program Coordinator within fifteen (15) calendar days of the issuance of the Notice of Denial of their application. The Administrator may affirm or reverse the initial determination upon reconsideration of the initial decision. The Administrator shall issue a Notice of Final Determination which shall be the final decision. If the Administrator does not act on the request for reconsideration within twenty (20) calendar days, then the request shall be deemed to have been denied, which shall be the final decision.

Notes

Tenn. Comp. R. & Regs. 0800-02-20-.05

Public necessity rule filed June 15, 2005; effective through November 27, 2005. Public necessity rule filed November 16, 2005; effective through April 30, 2006. Original rule filed January 30, 2006; effective April 15, 2006. Amendments filed March 25, 2013; effective June 23, 2013. Amendment filed December 26, 2013; effective March 26, 2014. Amendments filed June 10, 2016; effective September 8, 2016. Amendments filed December 5, 2023; effective 3/4/2024.

Authority: T.C.A. §§ 50-6-102, 50-6-204, 50-6-205, and 50-6-233.