Tenn. Comp. R. & Regs. 0880-02-.07 - APPLICATION REVIEW, APPROVAL, DENIAL, INTERVIEWS AND CONDITIONED, RESTRICTED AND LOCUM TENENS LICENSURE

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.

(2) 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 applicant's circumstances.

(b) 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 received.

(3) If a 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.

(b) The 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. § 4-5-101, et seq.) to contest the denial and the procedure necessary to accomplish that action.

1. An 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 (30^th) day after receipt of the notice by the applicant.

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.

(4) 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:

(a) 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. § 63-6-214(c) to 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.

(c) The interviews which may be required by paragraph (4)(a) of this Rule are considered part of the licensure process.

(d) 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. § 63-6-214(b) or rules promulgated pursuant thereto.

4. When any applicant fails to fully and timely comply with all licensure application and renewal requirements.

(5) 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 following circumstances:

(a) The physician has credentials which indicates that he or she is licensed in good standing in another state or country; and

(b) 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; and

(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 form; and

(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; and

(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

(h) The 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 purpose" license.

(j) All such restricted "single purpose" licenses are subject to discipline for the same causes and pursuant to the same procedures as active unrestricted licenses.

(6) An 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.

(a) 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; and

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 for certification.

(c) Any 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 unrestricted licenses.

(e) All 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.

(7) 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).

Notes

Tenn. Comp. R. & Regs. 0880-02-.07

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, 2006.

Authority: T.C.A. §§ 4-5-102(3), 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 63-6-233.