Tenn. Comp. R. & Regs. 0880-02-.05 - LICENSURE OF OUT-OF-STATE AND INTERNATIONAL APPLICANTS

Current through March 20, 2022

To practice medicine in Tennessee a person must possess a lawfully issued license from the Board. The Board in its discretion may issue licensure based upon licensure in another state or distinguished faculty status according to the following criteria, process and qualifications:

(1) An applicant shall obtain an application form from the Board Administrative Office, respond truthfully and completely to every question or request for information contained in the form and submit it along with all documentation and fees required by the form and this rule to the Board Administrative Office in such a manner that all documents are dated not more than one (1) year prior to the date received in the Board Administrative Office.
(2) An applicant shall submit a clear and recognizable, recently taken, bust photograph which shows the full head, face forward from at least the top of the shoulders up.
(3) An applicant shall submit evidence of good moral character. Such evidence shall be two (2) recent (within the six [6] months preceding the date the Board received the application) original letters from medical professionals, attesting to the applicant's personal character and professional ethics on the signatory's letterhead.
(4) An applicant shall submit proof of United States or Canada citizenship or evidence of being legally entitled to live and work in the United States. Such evidence may include notarized copies of birth certificates, naturalization papers or current visa status.
(5) An applicant shall submit with the application the application fee as provided in Rule 0880-02-.02(1)(a) and the state regulatory fee as provided in Rule 0880-02-.02(1)(g).
(6) If an applicant has ever held a license to practice medicine in any other state or Canada, the applicant shall submit or cause to be submitted the equivalent of a Tennessee Certificate of Endorsement from each such licensing board which indicates the applicant either holds a current active medical license and whether it is in good standing, or has held a medical license which is currently inactive and whether it was in good standing at the time it became inactive;
(7) All applicants shall disclose the circumstances surrounding any of the following:
(a) Conviction of any criminal law violation of any country, state, or municipality, except minor traffic violations.
(b) The denial of licensure application by any other state or the discipline of licensure in any state.
(c) Loss or restriction of hospital privileges.
(d) Any other civil suit judgment or civil suit settlement in which the applicant was a party defendant including, without limitation, actions involving medical malpractice, breach of contract, antitrust activity or any other civil action remedy recognized under any country's or state's statutory, common, or case law.
(e) Failure of any medical licensure examination.
(8) Applicants attempting to qualify for licensure based on licensure in another state pursuant to T.C.A. § 63-6-211(a) are subject to the following:
(a) An applicant who has successfully completed FLEX or the National Board of Medical Examiners examination in another state but has not become licensed in another state or Canada will not be considered for licensure under this rule but may qualify by complying with all requirements of Rule 0880-02-.03 or Rule 0880-02-.04.
(b) An applicant shall cause to be submitted, evidence of successful completion of a medical educational program as follows:
1. For United States or Canada medical school graduates, the documentation required by Rule 0880-02-.03(2) and 0880-02-.03(3).
2. For international medical school graduates, the documentation required by Rules 0880-02-.04(2), (3), (4) and (5) all of which must be translated into English.
(c) It is the applicant's responsibility to request official verification of successful completion of one of the following examinations be sent to the Board Administration Office directly from the examination agency.
1. FLEX - Completed in another state with a passing score as determined pursuant to Rule 0880-02-.08; or
2. The written and/or practical state medical board examination successfully completed in another state prior to December 1972 (date Tennessee began FLEX); or
3. The National Board of Medical Examiners examination with a certificate of endorsement indicating a passing score; or
4. The Canadian Medical Board; or
5. The United States Medical Licensing Examination with a certification of endorsement indicating a passing score.
(d) An applicant shall cause to be submitted the equivalent of a Tennessee certificate of endorsement from the licensing board of at least one (1) state or Canada which indicates the applicant holds a current and active medical license which is in good standing.
(9) Applicants attempting to qualify for licensure as a distinguished faculty member pursuant to T.C.A. § 63-6-211(b) are subject to the following:
(a) An applicant shall cause to be submitted evidence of successful completion of a medical education program pursuant to either Rule 0880-02-.03(2) or Rule 0880-02.04(2).
(b) An applicant shall cause to be submitted the following documentation:
1. A certification from an accredited medical college in Tennessee that the applicant has a full-time appointment at the rank of full professor; and
2. Letters of support attesting to the applicants distinguished status from all of the following:
(i) The Dean of the medical college appointing the applicant.
(ii) All department chairmen at the appointing medical college who are directly involved with the applicant's faculty assignments.
(iii) At least five (5) of the applicant's academic colleagues from outside of Tennessee in addition to the letters required by paragraph (3) of this rule. The academic colleagues shall include the following:
(I) Other nationally or internationally recognized experts in the applicant's specialty area.
(II) Former or current medical school deans;
(c) An applicant must cause to be submitted a certification of current and active membership in good standing in at least two (2) medical specialty societies which have restricted and selective membership based on academic and/or practice related criteria;
(d) An applicant must cause the following documentation to be submitted:
1. A certification from at least two (2) medical educational institutions either abroad or in the United States that the applicant has been or was invited to be a lecturer or visiting professor along with the applicable dates, lecture topics and/or educational assignments.
2. The dates, location and sponsoring specialty organizations for at least two (2) national or international medical meetings at which the applicant delivered scholarly medical papers along with copies of at least two (2) such delivered papers. The meetings must have been conducted by or for the applicant's specialty membership;
(e) The appointing medical college shall immediately notify the Board at any time that an applicant who obtains distinguished faculty licensure ceases to maintain a full-time appointment at the rank of full professor; and
(f) Any license issued to a distinguished faculty member shall automatically expire at any time the licensee fails to maintain a full-time appointment at the rank of full professor and authorized medical practice only in conjunction with the medical college at which the appointment is held.
(10) Any applicant for any type of licensure authorized by this rule shall cause to be submitted to the Board's administrative office directly from the vendor identified in the Board's licensure application materials, the result of a criminal background check.
(11) Submission of any document or set of documents required by this rule or submission of verification of the authenticity, validity and accuracy of the content of any document or set of documents required by this rule directly from the FCVS to the Board Administrative Office shall be deemed to be submission of originals of those documents or sets of documents by the issuing institution(s).
(12) Application review and licensure decisions shall be governed by Rule 0880-02-.07.
(13) Applicants attempting to qualify for a temporary licensure under T.C.A. § 63-6-207(g) shall apply pursuant to Rule 0880-02-.05(1)-(8) and pay the application fee and state regulatory fee. The Board will determine on a case by case basis whether the applicant's special circumstances warrant a temporary license.
(a) Where the Board determines to grant a temporary license, the following shall apply:
1. The temporary license shall be of a duration of one (1) year, unless a shorter or longer period is determined by the board, but in no event shall it be for longer than a two (2) year duration;
2. The temporary license shall be nonrenewable and cannot be converted to a full and unrestricted license;
3. The temporary license shall be for the accomplishment of an express purpose determined by the Board to be accomplished by the licensee during the duration of the temporary license; and
4. All rules and regulations of a full and unrestricted license shall apply to a temporary license, and though not disciplinary, a temporary license shall be encumbered to the extent that a temporary licensee may not serve as a supervising or collaborating physician to an advanced practice registered nurse or physician assistant.
(b) In order to apply for a full and unrestricted license, a temporary licensee shall:
1. Submit an application pursuant to Rule 0880-02-.05(1)-(8) and pay the application fee and state regulatory fee;
2. Submit proof that the temporary licensee has successfully accomplished the requirements of the express purpose determined by the Board for which the temporary license was issued; and
3. The applicant shall cause to be submitted to the Board's administrative office directly from the vendor identified in the Board's licensure application materials, the result of a criminal background check.
(c) A temporary license is subject to the same disciplinary proceedings as a full and unrestricted license and if a temporary licensee commits a violation of the practice act or rules and regulations promulgated thereto, that violation shall be grounds to deny the temporary licensee's application for a full and unrestricted license or grounds for discipline of either the temporary license or the licensee's full and unrestricted license where such an application was approved.

Notes

Tenn. Comp. R. & Regs. 0880-02-.05
Original rule filed October 13, 1983; effective November 14, 1983. Repeal and new rule filed May 10, 1987; effective July 24, 1987. Repeal and new rule filed February 26, 1991; effective April 12, 1991. Amendment filed January 10, 1992; effective February 24, 1992. Amendment filed April 14, 1994; effective June 28, 1994. Amendment filed March 29, 1996; effective June 12, 1996. Amendment filed February 3, 1998; effective April 19, 1998. Amendment filed December 5, 2003; effective February 18, 2004. Amendment filed August 23, 2005; effective November 6, 2005. Amendment filed March 14, 2006; effective May 28, 2006. Amendment filed March 22, 2007; effective June 6, 2007. Amendments filed July 1, 2008; effective September 14, 2008. Amendments filed October 4, 2021; effective 1/2/2022.

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-6-101, 63-6-207, and 63-6-211.

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