Those persons who pursuant to T.C.A. §
63-6-207(d)(1) may
be eligible to practice medicine in Tennessee with a special 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. 63-6-248 may be eligible to practice
medicine in Tennessee with a short-term visitor clinical training license
issued by the Board for a period not to exceed ninety (90) days may secure such
a license pursuant to paragraph (2) of this rule. Those persons who pursuant to
T.C.A. 63-6-207 may be eligible to practice medicine in Tennessee with a
foreign training license issued by the Board may secure such a license pursuant
to paragraph (3) 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 (4), (5) or (6) 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0880-02-.03, 0880-02-.04, or 0880-02-.05 and whose license has not been revoked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) Special Training Licenses: 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)
Short-Term Visitor Clinical Training License: Eligible physician or medical
graduate from a foreign country or foreign territory
(a) An applicant shall obtain an application
form from the Board Administrative Office or from the Board's website, 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's Administrative
Office.
(b) It is the applicant's
responsibility to submit a photocopy of their medical school diploma from a
medical school recognized in the World Directory of Medical Schools. The
diploma must show that the degree has been conferred and carry the official
seal of the institution.
(c) An
applicant shall submit proof of written acceptance from a clinical professional
development or short-term clinical training program of one of the accredited
medical schools or of a teaching hospital affiliated with an accredited medical
school in this state.
(d) An
applicant shall submit proof that they are able to lawfully enter and remain in
the United States during the period of the clinical professional development or
short-term clinical training program.
(e) An applicant shall submit proof that
their credentials have been primary-source verified by the E.C.F.M.G, the FCVS
or by the host institution.
(f) An
applicant shall cause to be submitted the equivalent of a Tennessee certificate
of endorsement from the applicant's country or territory of origin or country
or territory of practice which indicates that applicant holds a current and
active medical license which is unrestricted and in good standing or cause to
be submitted proof that the applicant is enrolled in an accredited resident
training program in the applicant's country or territory of origin.
(g) An applicant shall sign a written
statement that they do not have a disqualifying criminal history or history of
disqualifying disciplinary action by an educational or training institution,
employer, or foreign licensing authority. A disqualifying criminal history
includes having been convicted, received adjudication, deferred adjudication,
community supervision, or deferred disposition for any felony, gross
misdemeanor, or crime of moral turpitude by a court of appropriate
jurisdiction. A history of disqualifying disciplinary action includes any
adverse actions taken by the educational or training institution or employer or
formal discipline by a licensing authority in any foreign
jurisdiction.
(h) An applicant
shall submit a copy of a valid professional liability insurance policy provided
by the clinical professional development or short-term clinical training
program or the school or hospital conducting the program effective for the
duration of the applicant's participation in the program.
(i) An applicant shall sign a written
statement acknowledging that a short-term visitor clinical training license
cannot be used to: obtain or hold a position in a residency program in the
United States, satisfy United States graduate medical education requirements,
or remain in this state to practice medicine beyond the expiration date of the
license.
(j) An applicant shall
submit a clear and recognizable photograph taken within the last six months
which shows the full head, face forward from at least the top of the shoulders
up.
(k) An applicant shall submit
the application fee and state regulatory fee as provided in Rule
0880-02-.02.
(l) All documents
required to be submitted shall be translated into English and such translation
certified along with the original documents as to authenticity by the issuing
source.
(m) The applicant shall
cause the results of a criminal background check to be submitted to the Board's
Administrative Office directly from the vendor identified in the Board's
licensure application materials.
(n) Application review and licensure shall be
governed by Rule
0880-02-.07.
(o)
Where the Board determines to grant a short-term visitor clinical training
license, the short-term visitor clinical training licensee:
1. Shall not assume independent
responsibility for patient care;
2.
May only engage in training activities under the supervision and control of a
physician licensed under chapter 6 or chapter 9 of title 63. Supervision and
control means continuous and direct supervision by the supervising
physician;
3. Shall not practice in
Tennessee in excess of ninety (90) days.
(p) The ninety (90) day period for the
license will begin on the start date of the clinical professional development
or short-term clinical training program in this state.
(q) In accordance with Rule
0880-02-.06(2)(o)
and the Accreditation Council for Graduate Medical Education guidelines a
short-term visitor clinical training licensee may engage in direct interaction
with a patient including, but not limited to, taking a medical history,
conducting a physical examination, reading a radiologic study, administering
anesthesia, and performing a surgical procedure.
(3) Foreign Training License for Graduates of
International Medical Schools
(a) An applicant
shall obtain an application form from the Board Administrative Office or from
the Board's website, 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's
Administrative Office.
(b) An
applicant shall cause FCVS to release the applicant's physician information
profile to the Board. The applicant shall attest to having no adverse actions
taken against them in medical school.
(c) The international medical school must
meet E.C.F.M.G. requirements and be listed in the World Directory of Medical
Schools or its equivalent and shall meet the following curriculum criteria:
1. All courses must have been completed by
personal attendance. No international medical school accepting or providing
credits for courses taken by correspondence shall be approved.
2. Course instruction must consist of the
equivalent of at least four (4) academic years with a minimum of thirty-two
(32) weeks of relevant medical instruction each academic year.
3. Acceptable medical educational courses and
activities must have been centrally organized, integrated and controlled into a
continuous program which was conducted, monitored and approved by the parent
institution.
(d) An
applicant shall cause to be submitted an E.C.F.M.G.certification status report
if not included in the FCVS physician information profile.
(e) An applicant shall cause to be submitted
a certificate of successful completion of the U.S.M.L.E. if not included in the
FCVS physician information profile.
1. All
applicants shall have passed all steps of the U.S.M.L.E. in no more than two
attempts for each step.
2. All
applicants shall have passed all steps of the U.S.M.L.E. within ten (10) years
from the date of whichever step of the examination was successfully completed
first.
(f) An applicant
shall submit evidence of successful completion of a postgraduate training
program with a minimum duration of three (3) years in the applicant's licensing
country. Successful completion means having no adverse action taken against
them during the duration of the postgraduate training program. The applicant
shall provide at a minimum, a certificate of successful completion and an
attestation from the program director certifying the successful completion of
the program.
(g) An applicant shall
submit evidence that the applicant has actively practiced as a medical
professional performing the clinical duties of a physician for the last three
(3) calendar years outside of the United States. Actively practiced means full
time and continuous employment with an average of thirty-two (32) hours per
week for the last three (3) calendar years prior to application. Such evidence
shall include completion of an attestation form by the employer for each place
of employment during the last three (3) calendar years. This is separate and
distinct from the successful completion of a postgraduate training program as
specified above. The applicant shall not have any adverse actions taken against
them by any previous employer.
(h)
An applicant shall submit sufficient evidence satisfactory to the Board that
they have an offer for employment as a clinical physician at a healthcare
provider, as defined by T.C.A. §
63-6-207 that operates in this state and
has a postgraduate training program accredited by the accreditation council for
graduate medical education (ACGME) in place. The applicant shall provide at a
minimum, a notarized attestation form from the healthcare provider attesting to
the applicant's offer of employment as a physician and the healthcare
provider's ACGME postgraduate training program in place.
(i) An applicant shall submit proof of United
States citizenship or of being lawfully present in the United States pursuant
to T.C.A. §
4-58-103.
(j) An
applicant shall submit satisfactory information to the Board of passage of the
E.C.F.M.G's Occupational English Test (OET) Medicine.
(k) An applicant shall submit a clear and
recognizable photograph taken within the last six months which shows the full,
head, fact forward from at least the top of the shoulders up.
(l) An applicant shall submit the application
fee and state regulatory fee as provided in Rule
0880-02-.02.
(m) All documents required to be submitted
shall be translated into English and such translation certified along with the
original documents as to the authenticity by the issuing source.
(n) An applicant shall cause the results of a
criminal background check to be submitted to the Board's Administrative Office
directly from the vendor identified in the Board's licensure application
materials. An applicant shall also attest that they do not have a criminal
history or licensure discipline in any country and that any medical license
that they hold in any country is in good standing. Good standing means having
no discipline on their medical license and having no open investigations. The
applicant shall consent to the use of official verification from other
countries, to include but not be limited to, licensure verification and
criminal background checks if such forms of official verification are
available.
(o) Application review
and licensure shall be governed by Rule
0880-02-.07.
(p) Where the Board determines to grant a
foreign training license of limited duration, the following shall apply:
1. The foreign training license shall be of a
duration of three (3) years and is not renewable;
2. The foreign training license will not
issue prior to 90 days of the applicant's anticipated start date as a physician
at a healthcare provider.
3. The
practice of medicine shall be limited to providing medical services at a
healthcare provider, as defined by T.C.A. §
63-6-207 that has in place a
postgraduate training program accredited by the ACGME.
4. Should the foreign training licensee no
longer be employed by the same healthcare provider who was listed in the
initial application for licensure, the foreign training license shall
automatically expire. The foreign training licensee shall notify the Board
Administrative Office within thirty (30) days after they are no longer employed
by the healthcare provider. Should the physician have a new job offer at a
different healthcare provider, the physician must reapply for a new foreign
training license.
(q) A
foreign training license is subject to the same disciplinary proceedings as a
full and unrestricted license and if a foreign training licensee commits a
violation of the practice act or rules and regulations promulgated thereto,
that violation shall be grounds to deny the foreign training licensee 's
application for a full and unrestricted license and grounds for discipline of
the foreign training license.
(r) A
foreign training licensee shall be in good standing at the time of application
for a full and unrestricted license. Good standing means having no discipline
or open investigations on the foreign training license. In order to apply for a
full an unrestricted license, a foreign training licensee shall:
1. Submit an application to the Board
Administrative Office and pay the conversion fee and state regulatory
fee;
2. Submit at least two (2)
letters from medical professionals who worked closely with the applicant for a
majority of time the applicant was employed by the healthcare provider and who
can attest to the applicant's professional competence; and,
3. Submit sufficient evidence to the Board
that they have actively practiced clinical medicine in this state for two (2)
years after the date of issuance of the foreign training license. Actively
practiced means full time and continuous employment with an average of
thirty-two (32) hours per week. The applicant shall provide at a minimum,
completion of a notarized attestation form by each healthcare provider that
employed the applicant during the two years after the date of issuance of the
foreign training license.
4. An
applicant shall cause the results of a criminal background check to be
submitted to the Board's Administrative Office directly from the vendor
identified in the Board's licensure application materials.
5. Submit proof of United States citizenship
or of being lawfully present in the United States pursuant to T.C.A. §
4-58-103.
6. The foreign training
license, if still active, shall automatically expire upon the issuance of a
full and unrestricted license.
(4) 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.
(5)
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
0880-02-.04.
(6)
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)(jk) 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)(jk) 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.
(7) The Board
Administrative Office shall issue written notification of all Board
dispositions on licensure exemption applications.
(8) 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).
(9) Applicants attempting to qualify for
limited licensure under T.C.A. §
63-6-207(ih) 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 the results of a
criminal background check to be submitted to the Board's administrative office
directly from the vendor identified in the Board's licensure application
materials.
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.
(10) Applicants attempting to qualify for an
administrative license under T.C.A. §
63-6-207(ih) 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.
(11) 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
0880-02-.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.