Review and decisions on applications for licensure or exemption
from licensure shall be governed by this rule.
(1) The Board's administrative staff shall
determine when an application file is complete.
If an application is incomplete when
received by the Board Administrative Office, the applicant shall be notified of
the information required. Except as provided in subparagraph (b), the applicant
shall cause the requested information to be received by the Board
Administrative Office on or before the ninetieth (90th) day after the initial
letter notifying the applicant of the required information is sent.
(a) Except as provided in subparagraph (b),
if requested information is not timely received, the application file shall be
closed and the applicant notified that the Board will not consider licensure or
exemption until a new application is received pursuant to the rules governing
that process, including another payment of all fees applicable to the
ninety (90) day return requirement shall not apply to applications which
require action by the Immigration and Naturalization Service. Action on those
applications pursuant to subparagraph (a) shall not take place until the
expiration of six (6) months from the date the applications are
completed application is denied, conditioned or restricted by the Board the
following shall occur:
(a) A notification of
the denial shall be sent by the Board Administrative Office by certified mail,
return receipt requested which shall contain all the specific statutory or rule
authorities for the denial.
notification, when appropriate, shall also contain a statement of the
applicant's right to request a contested case hearing under the Tennessee
Administrative Procedures Act (T.C.A. §
to contest the denial and the procedure
necessary to accomplish that action.
applicant has a right to a contested case hearing only if the adverse decision
on an application was based upon subjective or discretionary criteria and only
if the request is in writing and received on or before the thirtieth
(30th) day after receipt of the notice by the
2. An applicant may be
granted a contested case hearing if licensure denial is based upon objective,
clearly defined criteria only if after review and attempted resolution by the
Board's administrative staff the licensure application cannot be approved and
the reasons for continued denial present genuine issues of fact and/or law
which are appropriate for appeal.
Any applicant who has successfully
complied with all requirements of the rules governing the licensure or
exemption process for the type of licensure or exemption applied for shall be
issued a license or an exemption from licensure to practice medicine in
Tennessee with the following exceptions:
Applicants who by virtue of any criteria for licensure in the areas of mental,
physical, moral or educational capabilities, as contained in the application
and review process which indicates derogatory information or a potential risk
to the public health, safety and welfare may be required to present themselves
to the Board, a duly constituted panel of the Board, a Board member, a
screening panel when the individual is under investigation or the Board
Designee for an interview before final licensure may be granted. If sufficient
cause exists an applicant may be required pursuant to T.C.A. §
submit to a mental and/or physical examination.
(b) An applicant whose examination (except
reciprocity applicants) is certified as having been successfully completed on
or before the fifth (5th) year preceding the date of application shall be
required to successfully complete the FLEX "Special Purpose Examination" as
administered by the Board.
interviews which may be required by paragraph (4)(a) of this Rule are
considered part of the licensure process.
The issuance or renewal of licensure to
applicants who otherwise may be entitled to full licensure or renewal, may be
withheld, denied, conditioned or restricted in any manner the Board deems
necessary to protect the public in any of the following circumstances:
1. When an applicant has had licensure
disciplinary action taken or is under investigation by another state or
territory of the United States for any acts or omissions which would constitute
grounds for discipline of a license issued in this state. A certified copy of
the initial or final order or other equivalent document memorializing the
disciplinary action or investigation from the disciplining state or territory
shall constitute prima facie evidence of violation of this section and be
sufficient grounds upon which to deny, restrict or condition licensure or
renewal and/or discipline a license issued in this state.
2. When any applicant's application indicates
a problem in the areas of mental, physical, moral or educational criteria for
licensure or renewal which the Board determines may create a potential threat
to the public health, safety or welfare.
3. When any applicant has violated any
provision of T.C.A. §
rules promulgated pursuant thereto.
4. When any applicant fails to fully and
timely comply with all licensure application and renewal
Any physician licensed by any state or
country sponsored by a hospital located in Tennessee and/or at least one
physician licensed by the Board may, in the Board's discretion, without further
qualifications receive a restricted "single purpose" license under the
(a) The physician has
credentials which indicates that he or she is licensed in good standing in
another state or country; and
The physician submits satisfactory evidence that he or she is either to engage
in advanced study in a particular field of medicine in Tennessee or teach or
demonstrate a new medical technique to medical professionals in Tennessee;
(c) The physician's credentials
are verified by the appropriate national specialty organization in this country
or by the American Medical Association or a similar organization acceptable to
the Board; and
(d) The physician
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; and
(e) The hospital and/or sponsoring physician
must supply all necessary documentation of licensure, credentialing and
verification of the same along with a completed Board approved application
(f) The hospital and/or
sponsoring physician must pay the full cost to the Board of researching,
processing and issuing the restricted "single purpose" license which is the
application and state regulatory fee provided in rule 0880-02-.02;
(g) The license will be issued
authorizing medical practice in the sponsoring hospital or the sponsoring
physician's training program only and shall be designated as a "single purpose"
license. It will not allow practice outside that hospital or the designated
training program; and
restricted "single purpose" license will be issued for a specified period of
time not to exceed one (1) year and be subject to whatever other practice
restrictions deemed appropriate by the Board. The training received in any
program pursuant to this license shall not be used to qualify for full,
unrestricted licensure in Tennessee; and
(i) The sponsoring physician has full
responsibility for the activities of any physician granted a restricted "single
(j) All such
restricted "single purpose" licenses are subject to discipline for the same
causes and pursuant to the same procedures as active unrestricted
applicant who is; licensed in good standing in another state; maintains an
unencumbered certification in a recognized specialty area; or is eligible for
such certification and indicates an intended residence outside the State of
Tennessee but proposes to practice intermittently within the physical
boundaries State of Tennessee, shall in the discretion of the Board be issued a
Locum Tenens license.
To obtain a Locum
Tenens license, an applicant shall compile the following and when completed,
submit them to the Board Administrative Office:
1. A Board approved application form;
2. All documentation required
by rule 0880-02-.05 paragraphs (2), (4), (5), (6), (7) and (10).
(b) The practice of any person
issued a locum tenens license shall be restricted to the specialty area of
medicine in which that person is certified or in which the person is eligible
physician holding a Locum Tenens license shall notify the Board of the location
and duration of each Tennessee practice as soon as reasonably possible under
the circumstances before that practice occurs.
(d) All Locum Tenens licenses must be
renewed, inactivated or retired according to the same procedure as active
Locum Tenens licenses are subject to discipline for the same causes and
pursuant to the same procedures as active unrestricted licenses.
(f) Any person holding a Locum Tenens license
who practices in this state for a period of time in any one year that the Board
in its discretion feels is inordinate for the purposes of this licensure status
may have his or her Locum Tenens license revoked or be required to apply for a
full active license.
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
Tenn. Comp. R. & Regs.
Original rule filed
October 13, 1983; effective November 14, 1983. Subsequently repealed and
replaced twice, the last replacement was effective April 12, 1991. Amendment
filed November 27, 1991; effective February 26, 1992. Amendment filed January
21, 1993; effective March 7, 1993. Amendment filed April 14, 1994; effective
June 28, 1994. Amendment filed February 23, 1995; effective May 9, 1995.
Amendment filed March 29, 1996; effective June 12, 1996. Amendment filed
September 22, 1997; effective December 6, 1997. Amendment filed February 3,
1998; effective April 19, 1998. Amendment filed November 30, 1998; effective
February 13, 1999. Amendment filed April 16, 1999; effective June 30, 1999.
Amendment filed January 4, 2002; effective March 20, 2002. Amendment filed
September 5, 2002; effective November 19, 2002. Amendment filed May 28, 2003;
effective August 11, 2003. 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,
Authority: T.C.A. §§
4-5-202, 4-5-204, 63-6-101,
63-6-101(a), 63-6-201(a), 63-6-207, 63-6-208, 63-6-209, 63-6-210, 63-6-211,
63-6-214, 63-6-214(a), (c), (d), and (j), 63-6-216, 63-6-230, and