Tenn. Comp. R. & Regs. 1050-02-.20 - FREE HEALTH CLINIC AND VOLUNTEER PRACTICE REQUIREMENTS

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

(a) Any osteopathic physician licensed to practice osteopathy in this state or any other state who has not been disciplined by any osteopathic and/or 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. § 63-1201, 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 osteopathic physician holds or ever held a license to practice osteopathy 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 osteopathic physicians who have not been licensed in Tennessee, comply with all provisions of subparagraphs (1)(b), (1)(e), (1)(f) and (1)(i) of rule 105002-.03 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) An osteopathic 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) An osteopathic physician holding a Special Volunteer License may not do any of the following:

1. Practice osteopathy 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 osteopathic 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 1050-02-.07 and .08, except those requiring the payment of any fees; and

2. The rules governing continuing osteopathic education as provided by rule 105002-.12; and

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

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

(a) Any osteopathic 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 osteopathy 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 63-6-707 and rule 1200-10-01-.12 of the Division of Health Related Boards.

(b) Any person who may lawfully practice osteopathy 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 osteopathy 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 63-6-707 and rule 1200-10-01.12 of the Division of Health Related Boards.

(c) An osteopathic physician or anyone who practices under an exemption from osteopathic 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 osteopathic 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 osteopathy only when it has complied with the provisions of T.C.A. §§ 63-6-701 through 63-6-707 and rule 1200-10-01-.12 of the Division of Health Related Boards.

(e) An osteopathic physician may satisfy one (1) hour of continuing education through the performance of one (1) hour of voluntary provision of healthcare services. The maximum amount of annual hours that can be received by performing voluntary healthcare services is four (4) hours. Evidence of such voluntary healthcare services must include a letter on official letterhead from the sponsoring organization identifying the date that the voluntary healthcare services were completed and the number of voluntary healthcare service hours that were completed.

(3) 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).

(4) Application review and licensure decisions for these types of osteopathic licensure or organization registration shall be governed by rule 1050-02-.05.

Notes

Tenn. Comp. R. & Regs. 1050-02-.20

Original rule filed October 6, 2005; effective December 20, 2005. Amendments filed April 22, 2022; effective 7/21/2022.

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-1-201, 63-6-701 through 63-6-707, 63-9-101, and 63-9-115.