Tenn. Comp. R. & Regs. 1155-02-.07 - APPLICATION REVIEW, APPROVAL, DENIAL, INTERVIEWS

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 administrator.

(3) If an 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.

(a) 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.

(5) 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. §§ 4-5-301, et seq.) to contest the denial and the procedure necessary to accomplish that action.

(c) An 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 Board.

(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.

(7) If 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 rule 1155-02-.07(5).

(8) Whenever 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.

(9) 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 Board.

(c) An application submitted subsequent to the abandonment of a prior application shall be treated as a new application.

(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.

(11) An 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.

(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;

2. An 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 1155-02-.06(f).

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;

4. 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 traffic violations.

(ii) The denial of licensure application by any other state or the discipline of licensure in any state.

(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 examination.

5. Any 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 practice occurs.

(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 unrestricted licenses.

Notes

Tenn. Comp. R. & Regs. 1155-02-.07

Original rule filed March 7, 1989; effective April 21, 1989. (Formerly 1155-02-.06) Amendment filed October 3, 1990; effective November 17, 1990. Repeal and new rule filed November 10, 1998; effective January 14, 1999. Amendment filed December 13, 2000; effective February 26, 2001. Amendment filed January 20, 2012; effective April 19, 2012.

Authority: T.C.A. §§ 4-5-202, 4-5-204, 4-5-301, 63-3-106, 63-3-109, 63-3-110, 63-3-111, 63-3-112, 63-3-114, 63-3-115, 63-3-119, and 63-3-125.