Tenn. Comp. R. & Regs. 0880-02-.22 - FREE HEALTH CLINIC, INACTIVE PRO BONO AND VOLUNTEER PRACTICE REQUIREMENTS

(1) Free Health Clinic Practice Pursuant to T.C.A. § 63-1-201

(a) Any physician licensed to practice medicine in this state or any other state who has not been disciplined by any medical licensure board may have their license converted to or receive a Tennessee "Special Volunteer License," as defined in T.C.A. § 63-1-201, which will entitle the licensee to practice without remuneration solely within a "free health clinic," as defined by T.C.A. § 63-1-201, at a specified site or setting by doing the following:

1. Obtaining from the Board's administrative office a "Special Volunteer License" application, completing it and submitting it along with any required documentation to the Board's administrative office; and

2. Have the licensing authority of every state in which the physician holds or ever held a license to practice medicine submit directly to the Board's administrative office the equivalent of a "certificate of fitness" as described in T.C.A. § 63-1- 118 which shows that the license has never been subjected to any disciplinary action and is free and clear of all encumbrances; and

3. For physicians who have not been licensed in Tennessee, comply with all provisions of paragraphs (2), (3), (4), and (7) of rule 0880-02-.05 and the Health Care Consumer-Right-To-Know Act compiled at T.C.A. §§63-51-101, et seq.; and

4. Submitting the specific location of the site or setting of the free health clinic in which the licensee intends to practice along with proof of the clinic's private, and not-for-profit status.

(b) A physician holding a Special Volunteer License is not required to pay any fee for its issuance or the required biennial renewal pursuant to the Division of Health Related Board's biennial birthdate renewal system

(c) A physician holding a Special Volunteer License may not do any of the following:

1. Practice medicine anywhere other than in the free health clinic site or setting specified in the application; and

2. Charge any fee or receive compensation or remuneration of any kind from any person or third party payor including insurance companies, health plans and state or federal benefit programs for the provision of medical or any other services; and

3. Practice for any free health clinic that imposes any charge on any individual to whom health care services are rendered or submits charges to any third party payor including insurance companies, health plans and state or federal benefit programs for the provision of any services.

(d) Special Volunteer Licenses are subject to all of the following

1. All rules governing renewal, retirement, reinstatement and reactivation as provided by rules 0880-02-.09 and .10, except those requiring the payment of any fees; and

2. The rules governing continuing medical education as provided by rule 0880-02-.19; and

3. Disciplinary action for the same causes and pursuant to the same procedures as all other licenses issued by the Board.

(2) Special Volunteer License for Out-of-State Practice.

(a) Any physician whose license to practice medicine in Tennessee is in retired or inactive status and who has not been disciplined by any medical licensure board may receive a "Special Volunteer License for Out-of-State Practice," which will entitle the licensee to practice without remuneration at benevolent or humanitarian service projects locations outside of the state by doing the following:

1. Comply with the provisions of parts (1) (a) 1., (1) (a) 2. and (1) (a) 3. of this rule; and

2. Submit to the Board's administrative office the location and details of the benevolent or humanitarian service projects at which the licensee intends to practice.

(b) The provisions of subparagraphs (1) (b) and (1) (d) of this rule are applicable to Special Volunteer Licenses for Out-of-State Practice.

(c) Unless appropriately licensed elsewhere, a physician holding a Special Volunteer License for Out-of-State Practice may not practice medicine anywhere other than at the benevolent or humanitarian service projects specified in the application.

(3) Inactive Pro Bono Practice Pursuant to T.C.A. § 63-6-230 - Applicants who intend to exclusively practice medicine without compensation on patients who receive medical services from organizations granted a determination of exemption pursuant to Section 501 (c)(3) of the Internal Revenue Code may obtain an inactive pro bono license to do so by doing as follows:

(a) Applicants who currently hold a valid Tennessee license to practice medicine issued by the Board pursuant to this rule which is in good standing must:

1. Retire their active licenses pursuant to the provisions of rule 0880-02-.10(2); and

2. Have submitted to the Board Administrative Office directly from the qualified organization proof of the determination of exemption issued pursuant to Section 501 (c)(3) of the Internal Revenue Code; and

3. Submit a written certification that they are practicing medicine exclusively on the patients of the qualified entity and that such practice is without compensation.

(b) Applicants who do not currently hold a valid Tennessee license to practice medicine must:

1. Obtain a license by complying with all provisions of paragraphs (2), (3), (4), (6) and (7) of rule 0880-02-.05 and the Health Care Consumer-Right-To-Know Act compiled at T.C.A. §§ 63-51 -101, et seq.; and

2. Have submitted to the Board Administrative Office directly from the qualified organization proof of the determination of exemption issued pursuant to Section 501 (c)(3) of the Internal Revenue Code; and

3. Submit a written certification that they are practicing medicine exclusively on the patients of the qualified entity and that such practice is without compensation.

(c) Inactive pro bono licenses are subject to all rules governing renewal, retirement, reinstatement and reactivation as provided by rules 0880-02-.09 and .10, and are subject to all rules governing continuing medical education as provided by rule 0880-02-. 19. These licenses are also subject to disciplinary action for the same causes and pursuant to the same procedures as active licenses.

(d) Inactive pro bono licenses are distinguished from the inactive licenses referred to in rule 0880-02-. 10 only by the fact that licenses issued pursuant to this rule allow the practice of medicine in Tennessee with the restrictions placed on it by this rule.

(4) Practice Pursuant to the "Volunteer Health Care Services Act" T.C.A. §§ 63-6-701, et seq.

(a) Any physician licensed in this or any other state, territory, district or possession of the United States whose license is not under a disciplinary order of suspension or revocation may practice medicine in this state but only under the auspices of an organization that has complied with the provisions of this rule and T.C.A. §§ 63-6-701 through 707 and rule 1200-10-01-.12 of the Division of Health Related Boards.

(b) Any person who may lawfully practice medicine in this or any other state, territory, district or possession of the United States under an exemption from licensure and who is not under a disciplinary order of suspension or revocation and who is not and will not "regularly practice," as defined by T.C.A. § 63-6-703(3) may practice medicine in this state but only under the auspices of an organization that has complied with the provisions of this rule and T.C.A. §§ 63-6-701 through 707 and rule 1200-10-01-.12 of the Division of Health Related Boards.

(c) A physician or anyone who practices under an exemption from medical licensure pursuant to this rule may not charge any fee or receive compensation or remuneration of any kind from any person or third party payor including insurance companies, health plans and state or federal benefit programs for the provision of medical or any other services; and may not practice for any organization that imposes any charge on any individual to whom health care services are rendered or submits charges to any third party payor including insurance companies, health plans and state or federal benefit programs for the provision of any services.

(d) Any organization that organizes or arranges for the voluntary provision of health care services on residents of Tennessee may utilize persons described in subparagraphs (a) and (b) to practice medicine only when it has complied with the provisions of T.C.A. §§ 63-6-701 through 707 and rule 1200-10-01-.12 of the Division of Health Related Boards.

(5) 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).

(6) Application review and licensure decisions for these types of medical licensure or organization registration shall be governed by rule 0880-02-.07.

Notes

Tenn. Comp. R. & Regs. 0880-02-.22

Original rule filed August 23, 2005; effective November 6, 2005. Amendment filed April 17, 2006; effective July 1, 2006.

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-1-201 through 63-1-203, 63-6-101, 63-6-230, 63-6-235, 63-6-701 through 63-6-707, and 63-6-235.