Tenn. Comp. R. & Regs. 1050-02-.05 - 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) Completed licensure or exemption applications received in the Board Administrative Offices by the first day of the month preceding a Board meeting shall be submitted to the Board for review at its next regularly scheduled meeting. An initial determination may be made prior to the next Board meeting after the application is received. Each member of the Board or any Board consultant/designee is vested with the authority to make these initial determinations.

(2) An authorization to practice osteopathic medicine or an exemption may be issued pursuant to the initial determination made by the Board member or the Board consultant/designee reviewing the application. However, such authorization or exemption may not become fully effective until such time as the full Board ratifies the initial determination.

(3) If an application is incomplete when received by the Board Administrative Office or the reviewing Board member or the Board consultant/designee determines additional information is required from an applicant before an initial determination is made, the Board Administrative Office shall notify the applicant of the information required.

(a) 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.

(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 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. The earlier application will not be incorporated by reference.

(4) If a completed application is initially denied by the reviewing Board member or Board consultant/designee, the applicant shall be informed of that initial decision and that final determination shall be made by the full Board at its next meeting. If the full Board ratifies the initial denial, the action shall become final and 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.

(5) The initial determination procedures of this rule will not apply if the full Board reviews and makes final determination on any application during its meeting.

(6) If the application and review process identifies an applicant to be deficient in mental, physical, moral or educational capabilities and/or identifies potential risk to the public health, safety and welfare, such applicant may be required to present themselves to the Board or selected member(s) of the Board or the Board consultant/designee for oral examination before final licensure may be granted. If sufficient cause as determined by the full Board exists an applicant may be required pursuant to T.C.A. § 63-9-111 to submit to a mental and/or physical examination. Failure to respond to a notification to appear for interview before the Board, a member, or a consultant/designee, shall be treated as a failure to supply necessary information as specified in paragraph (3) above.

(7) An applicant (except reciprocity applicants) whose examination or combination of examinations, as provided in Rule 1050-02-.06(3), 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 Special Purpose Examination (SPEX), the Comprehensive Osteopathic Medical Special Purpose Examination (COMSPEX), or the Comprehensive Osteopathic Medical Variable Purpose Examination (COMVEX).

(8) The examination which may be required by paragraph (6) of this Rule shall be considered part of the requirements for licensure pursuant to T.C.A. § 63-9-111.

(9) 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:

(a) 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.

(b) 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.

(c) When any applicant has violated any provision of T.C.A. § 63-9-111 or rules promulgated pursuant thereto.

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

(10) 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 indicate 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 osteopathic 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 Osteopathic 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 1050-02-.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 restricted "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 any 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.

(k) At the Board's discretion, 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 or other Board approved credentialing service 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).

(11) An applicant who is either 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 of the 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 1050-02-.03 subparagraphs (1) (b), (1) (f), (1) (i), (1) (j) and (2) (a).

(b) The practice of any person issued a locum tenens license shall be restricted to the specialty area of osteopathic 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.

(g) At the Board's discretion, 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 or other Board approved credentialing service 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. 1050-02-.05

Original rule filed April 29, 1988; effective June 13, 1988. Amendment filed November 30, 1990; effective January 14, 1991. Amendment filed July 12, 1995; effective September 25, 1995. Repeal and new rule filed April 10, 2000; effective June 24, 2000. Amendment filed October 2, 2002; effective December 16, 2002. Amendment filed March 14, 2006; effective May 28, 2006.

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-1-142, 63-9-101, 63-9-104, 63-9-105, and 63-9-111.