This rule determines the procedure the Board shall use to make
decisions for applicants seeking to practice podiatry pursuant to this chapter
and for applicants seeking to operate x-ray equipment for diagnostic purposes
in podiatrists' offices pursuant to Chapter 1155-03.
(1) An application packet shall be requested
from the Board's administrative office.
(2) Review of all applications to determine
whether or not the application file is complete may be delegated to the Board's
application is incomplete when received in the Board's administrative office, a
deficiency letter will be sent to the applicant notifying him of the
deficiency. The requested information must be received in the Board's
administrative office on or before the sixtieth (60th) day after the
applicant's receipt of the notification.
Such notification shall be sent certified mail, return receipt requested, from
the Board's administrative office.
(b) If the requested information is not
received on or before the sixtieth (60th) day prior to the examination, the
application file shall become inactive and the applicant notified. No further
board action will take place until the application is completed pursuant to the
rules governing the application process.
(4) An individual who has a complete
application, application fees, and all supporting documents on file in the
Board's administrative office at least sixty (60) days prior to the examination
date will be scheduled and notified to take the examination.
If a completed application has been
denied and ratified as such by the Board or its designee, the action shall
become final and the following shall occur:
(a) A notification of the denial shall be
sent by the Board's administrative office by certified mail, return receipt
requested. Specific reasons for denial will be stated, such as incomplete
information, unofficial records, examination failure, or other matters judged
insufficient for licensure, and such notification 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. §§
seq.) to contest the denial and the procedure necessary to
accomplish that action.
applicant has a right to a contested case hearing only if the licensure denial
is based on subjective or discretionary criteria.
(d) An applicant may be granted a contested
case hearing if licensure denial is based on an 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 a genuine issue of fact and/or law which
is appropriate for appeal. Such request must be made in writing to the Board
within thirty (30) days of the receipt of the notice of denial from the
(6) The Board or
its designee may delay a decision on eligibility to take the examination for
any applicant for whom the board wishes additional information for the purpose
of clarifying information previously submitted. This request is to be in
writing and sent by certified mail, return receipt requested. The applicant's
response must be made and received at the Board's administrative office within
sixty (60) days from the date of the official review of the application or the
application will be closed.
the Board finds it has erred in the issuance of a license, the board will give
written notice by certified mail of its intent to revoke the license. The
notice will allow the applicant the opportunity to meet the requirements of
licensure within thirty (30) days from the date of receipt of the notification.
If the applicant does not concur with the stated reason and the intent to
revoke the license, the applicant shall have the right to proceed according to
requirements for examination are not completed sixty (60) days before the date
of the examination, a written notification will be mailed to the applicant and
the application file will become inactive. An applicant whose file has become
inactive shall subsequently be considered for licensure only upon completion of
his application and payment of all appropriate fees.
Abandonment of Application
(a) An application shall be deemed abandoned
and closed if the application has not been completed by the applicant within
sixty (60) days from the date it was initially reviewed.
(b) The above action must be ratified by the
(c) An application submitted
subsequent to the abandonment of a prior application shall be treated as a new
(10) If an
applicant requests one means for licensure, and wishes to change that
application to a different means of obtaining licensure, a new application,
with supporting documents and appropriate fee(s) must be submitted, i.e.,
reciprocity to examination.
applicant who holds a license in good standing in another state 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.
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;
applicant shall submit with the application the application fee as provided in
rule 1155-02-.06(b) and the state regulatory fee as provided in rule
3. If an applicant
has ever held a license to practice podiatry in any other state or Canada, the
applicant shall submit or cause to be submitted the equivalent of a Tennessee
Certificate of Endorsement from each such licensing board which indicates the
applicant either holds a current active podiatric license and whether it is in
good standing, or has held a podiatric license which is currently inactive and
whether it was in good standing at the time it became inactive;
All applicants shall disclose the
following events and provide any additional documentation, proof or explanation
that explains the event(s):
(i) Conviction of
any criminal law violation of any country, state, or municipality, except minor
(ii) The denial
of licensure application by any other state or the discipline of licensure in
(iii) Loss or
restriction of hospital privileges.
(iv) Any other civil suit judgment or civil
suit settlement in which the applicant was a party defendant including, without
limitation, actions involving malpractice, breach of contract, antitrust
activity or any other civil action remedy recognized under any country's or
state's statutory, common, or case law.
(v) Failure of any podiatric licensure
applicant for any type of licensure authorized by this rule 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.
(b) Any podiatrist 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
(c) All Locum
Tenens licenses must be renewed, inactivated, or retired according to the same
procedures as active unrestricted licenses.
(d) Each Locum Tenens practice must be no
more than ninety (90) days in duration.
(e) An applicant may obtain a maximum of two
Locum Tenens licenses per lifetime.
(f) All Locum Tenens licenses are subject to
discipline for the same causes and pursuant to the same procedures as active