Tenn. Comp. R. & Regs. 0880-02-.06 - TRAINING LICENSES AND LICENSURE EXEMPTIONS

Those persons who pursuant to T.C.A. § 63-6-207(d)(1) may be eligible to practice medicine in Tennessee with a training license issued by the Board may secure such license pursuant to paragraph (1) of this rule. Those persons who pursuant to T.C.A. §§ 63-6-201 or 63-6-207(d)(2) may be eligible to practice medicine in Tennessee with a Board issued exemption from licensure may secure such exemptions pursuant to paragraphs (2), (3) or (4) of this rule. Persons who have been issued a license to practice medicine pursuant to either Rule 0880-02-.03, 0880-02-.04, or 0880-02-.05 and whose license has not been revoked or suspended need not obtain an exemption from licensure or a training license pursuant to this rule to be able to participate in a training program.

(1) Medical Interns, Residents and Clinical Fellows

(a) It shall be the responsibility of the program director or the dean responsible for the training program to first compile all of the following on behalf of each applicant for a special training license and then when all necessary documents and fees are compiled, send them directly to the Board's Administrative Office:

1. A Board approved application form for each applicant.

2. The documentation required by Rule 0880-02-.03 paragraphs (2), (4), (5), (6), (9) and (11) or Rule 0880-02-.04(2), (4), (6), (7), (8), (12) and (14) for each applicant.

3. The special training license fee and the state regulatory fee for each applicant.

4. The names of the physicians licensed in Tennessee who will have supervisory responsibility for the applicant(s)

(b) A special training license may be issued for a one (1) year period only but may be renewed each year on its anniversary date so long as the applicant is still in training and upon submission of a written renewal request from the training program director and payment of the Special Training License Fee as provided in Rule 0880-02-.02(1)(d).

(c) Upon termination of any special training licensee's participation in the training program for any reason, the special license shall expire and the director of the program shall immediately notify the Board in writing of the termination and the reasons therefore delivered to the Board's Administrative Office. Such notification terminates the individual's authority to practice medicine in Tennessee unless and until a full license from the Board has been obtained.

(d) Upon approval of applications by the Board, a special training license shall be issued to each qualified applicant.

(e) Application review, approval and/or denial shall be governed by Rule 0880-02-.07.

(2) Visiting Medical Faculty

(a) The Dean of the medical school employing visiting medical faculty member(s) shall submit an application for each member to the Board Administrative Office which contains the following information:

1. The county in which the visiting faculty member is licensed.

2. The medical school from which the visiting faculty member graduated.

3. The reasons why the visiting faculty member should be considered a recognized medical authority by the Board.

(b) The applicant shall cause to be submitted to the Board's administrative office directly from the vendor identified by correspondence with the Board's administrative office, the result of a criminal background check.

(c) The application for exemption from licensure is effective, if approved, for a period of no longer than one (1) year from the date of approval by the Board and does not authorize practice outside the employing institution.

(d) Every application for each visiting faculty member shall be accompanied by the Licensure Exemption Fee required by Rule 0880-02-.02(1)(e).

(e) Every application previously approved by the Board must be re-filed annually and accompanied by the Licensure Exemption Fee required by Rule 0880-02-.02(1)(e).

(f) No applicant for licensure exemption as a visiting faculty member shall be approved after the expiration of the second (2nd) year of approval for exemption, except those qualifying pursuant to paragraph (3) of this rule.

(g) The Dean of the medical school shall immediately notify the Board in writing of the termination of any faculty member's employment and the reasons therefore delivered to the Board Administrative Office. Such notification terminates the visiting faculty member's authority to practice medicine in Tennessee unless such faculty member has obtained a license from the Board.

(h) The Board Administrative Office shall issue written notification of all Board dispositions on licensure exemption applications.

(3) Visiting Faculty Members - Private Practice

(a) Any visiting faculty member who intends to enter private practice beyond the scope of his employment at the sponsoring institution shall, in addition to the application required by Rule 0880-02-.06(2)(a), have the Dean of the Medical School or the Director of the three (3) year residency program in which the faculty member has enrolled submit the following information in writing to the Board Administrative Office:

1. That the visiting faculty member is enrolled and participating satisfactorily in a three (3) year residency program.

2. The construction of and the visiting faculty member's role and duties in the residence program.

(b) The applicant shall cause to be submitted to the Board's administrative office directly from the vendor identified by correspondence with the Board's administrative office, the result of a criminal background check.

(c) To continue to engage in private practice and participate as a visiting faculty member under a previously granted licensure exemption, the Dean of the Medical School or the Director of the three (3) year residency program must submit a written application every year which shall include all information required by Rules 0880-02-.06(2)(a) and 0880-02-.06(3)(a) and be accompanied by the Licensure Exemption Fee required by Rule 0880-02-.02(1)(e).

(d) No applicant for licensure exemption shall be approved for a visiting faculty member with private practice privileges after the expiration of the third (3rd) year of approved licensure exemption. Such faculty members desiring to continue private practice must become licensed by meeting all applicable requirements of T.C.A. § 63-6-207 and Rule 0880-02-.03 or 0880-02-.04.

(e) The Dean of the Medical School and the Director of the three (3) year residency program shall immediately notify the Board in writing of the termination of any faculty members employment and/or enrollment and the reasons therefore delivered to the Board Administrative Office. Such notification terminates the visiting faculty member's authority to practice medicine in Tennessee unless such faculty member has obtained a license from the Board pursuant to T.C.A. § 63-6-207 or Rule 0880-02-.03 or 088002-.04.

(4) Medical Interns, Residents and Clinical Fellows

(a) Prior to the commencement of practice by any individual in a training program, except individuals covered pursuant to T.C.A. § 63-6-207(d)(2)(C), it shall be the responsibility of the program director or the dean responsible for the training program which meets the requirements of T.C.A. § 63-6-207(d)(2) to make an application to the Board's Administrative Office which contains all of the following:

1. Evidence of how the training program meets the requirements of T.C.A. § 63-6-207(d)(2). Accreditation by the Accreditation Council of Graduate Medical Education or evidence of affiliation with a hospital so accredited is acceptable for purposes of this rule.

2. The names of the physicians licensed in Tennessee who will have supervisory and control responsibility for the program participants.

3. For those requiring exemption, a list of each participant's name, social security number and date of birth.

4. The licensure exemption fee as established in Rule 0880-02-.02(1)(k) for each participant.

(b) The application for exemption from licensure is effective, if approved, for a period of no longer than one (1) year from the date of approval. Exemption applications previously approved need not be re-filed for the individuals continuing in the program beyond one (1) year expiration date. However, the program is subject to payment of the fee provided in Rule 0880-02-.02(1)(k) as the annual deadline expires for each such individual.

(c) Upon termination of any listed individual's participation in the training program for any reason, the director of the program shall immediately notify the Board of the termination and the reasons therefore in writing delivered to the Board's Administrative Office. Such notification terminates the individual's authority to practice medicine in Tennessee unless and until a license or a new exemption from the Board has been obtained.

(d) The Board Administrative Office shall issue written notification of all Board dispositions on licensure exemption applications. Exemption issuance decisions pursuant to this Rule may be made administratively or upon review by any Board member or the Board Designee.

(5) The Board Administrative Office shall issue written notification of all Board dispositions on licensure exemption applications.

(6) 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).

(7) Applicants attempting to qualify for limited licensure under T.C.A. § 63-6-207(h) shall apply pursuant to Rule 0880-02-.03 and pay the application fee and state regulatory fee. The Board will determine on a case by case basis whether the applicant's time out of practice and activities during that time warrant a limited license.

(a) Where the Board determines to grant a limited license, the following shall apply:

1. The limited 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 limited license shall be nonrenewable;

3. The limited license shall be for the accomplishment of training as determined necessary by the Board on a case by case basis, to be accomplished by the licensee during the duration of the limited license;

4. The limited license shall be subject to those restrictions on practice and practice setting as determined on a case by cases basis by the Board; and

5. All other rules and regulations of a full and unrestricted license shall apply to a limited license, and though not disciplinary, a limited license shall be encumbered to the extent that a limited licensee may not serve as a supervising or collaborating physician to an advanced practice registered nurse or physician assistant.

(b) In order to convert to a full and unrestricted license, a limited licensee shall:

1. Submit an application and disclose the circumstances surrounding any of the following occurring since or not completely disclosed on the initial application for licensure:

(i) Conviction of any criminal law violation of any country, state, or municipality, except minor traffic violation;

(ii) The denial of licensure application by any other state or the discipline of licensure in any state;

(iii) Loss or restriction of hospital privileges;

(iv) 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; and

(v) Failure of any medical licensure examination;

2. 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;

3. Pay the Limited Licensure Conversion Fee;

4. Provide proof that he or she has successfully completed the training determined necessary by the Board for which the limited license was granted.

(c) A limited license is subject to the same disciplinary proceedings as a full and unrestricted license and if a limited licensee commits a violation of the practice act or rules and regulations promulgated thereto, that violation shall be grounds to deny the limited licensee's conversion application or grounds for discipline of either the limited license or the licensee's full and unrestricted license where an upgrade application was approved.

(8) Applicants attempting to qualify for an administrative license under T.C.A. § 63-6-207(h) shall apply pursuant to Rule 0880-02-.03 and pay the application fee and state regulatory fee. The Board will determine on a case by case basis whether the applicant's circumstances warrant an administrative license.

(a) Where the Board determines to grant an administrative license, the following shall apply:

1. An administrative licensee shall only practice administrative medicine and is not licensed to practice clinical medicine;

2. All rules and regulations of a full and unrestricted license shall apply to an administrative license;

3. The administrative license may be renewed pursuant to Rule 0880-02-.09;

4. The due date for the administrative license renewal is the expiration date, which shall be the last day of the month in which the administrative licensee's birthday falls pursuant to the Division of Health Related Boards "biennial birthdate renewal system" contained in Rule 1200-10-01-.10.

(b) If an administrative licensee wishes to pursue a full and unrestricted license to practice medicine, that licensee shall submit a new application pursuant to Rule 0880-02-.03. There shall be no process by which an administrative license can be converted to a full and unrestricted license.

(c) The Board shall not issue an administrative license or convert to an administrative license as a form of discipline.

(d) Administrative medicine means administration or management utilizing the medical and clinical knowledge, skill, and judgment of a licensed physician which may affect the health and safety of the public but does not involve direct patient care. Administrative medicine does not include the clinical practice of medicine including examining, diagnosing, caring for, or treating patients, prescribing medications, or supervision of or collaboration with healthcare practitioners in the provision of direct patient care, or delegating medical acts or prescriptive authority to others.

(e) An administrative license is subject to the same disciplinary proceedings as a full and unrestricted license and if an administrative licensee commits a violation of the practice act or rules and regulations promulgated thereto, that violation shall be grounds for discipline of the administrative license or grounds to deny an application for a full and unrestricted license or discipline a full and unrestricted license where such an application was approved.

(9) In order to employ a physician who does not possess a full and unrestricted license to practice medicine in Tennessee at St. Jude Children's Research Hospital, it is the responsibility of St. Jude Children's Research Hospital to submit an application on behalf of a prospective employee. Such applications shall be made pursuant to Rule 0880-02-.03 or 0880-02-.04, and require payment of the application fee and state regulatory fee, except that the St. Jude application shall be used, and an applicant who has met all other qualifications for licensure is not required to have completed a residency or training program required by T.C.A.§§ 63-6-207(a)(1)(C) or (a)(2)(F).

(a) Where the Board determines to grant a St. Jude license the following shall apply:

1. A St. Jude licensee shall only practice within the duties and responsibilities as an employee of St. Jude Children's Research Hospital;

2. All rules and regulations of a full and unrestricted license shall apply to a St. Jude license, including:

(i) The St. Jude licensee is subject to the same continuing education requirements as a full and unencumbered license, and St. Jude licensees must comply with the continuing education requirements of Rule 0880-02.19;

(ii) The St. Jude licensee is subject to licensure discipline and civil penalties pursuant to Rule 0880-02-.12;

(iii) The St. Jude license may be renewed pursuant to Rule 0880-02-.09; and

(iv) The due date for the St. Jude license renewal is the expiration date, which shall be the last day of the month in which the administrative licensee's birthday falls pursuant to the Division of Health Related Boards "biennial birthdate renewal system" contained in Rule 1200-10-01-.10.

(b) If the holder of a St. Jude license wishes to pursue a full and unrestricted license to practice medicine, that licensee shall submit a new application pursuant to Rule 088002-.03 or 0880-02-.05. There shall be no process by which a St. Jude license can be converted to a full and unrestricted license.

Notes

Tenn. Comp. R. & Regs. 0880-02-.06

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 July 12, 1995; effective November 28, 1995. 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. Amendments filed March 14, 2006; effective May 28, 2006. Amendment 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, 63-6-101(a), 63-6-201, 63-6-201(a), 63-6-201(b), 63-6207, 63-6-208, 63-6-209, 63-6-210, 63-6-211, 63-6-214, and 63-6-214(b).