2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 9 - OSTEOPATHIC PHYSICIANS (§§ 63-9-NEW — 63-9-124) › Section 63-9-104 - Application for certificate to practice - Special training and conditional licenses

(a)
Before engaging in the practice of osteopathic medicine, a person shall submit an application to the secretary of the board for a certificate of fitness to practice osteopathic medicine on a form prescribed by the board in writing or via online application, which includes:
(1)
The person's name, age, which shall not be less than eighteen (18) years, and residence;
(2)
The name of the school of osteopathic medicine from which the person was graduated, which shall have been in good repute as such at the time of the issuing of the person's diploma, as determined by the board;
(3)
The date of the person's diploma, evidence that such diploma was granted on personal attendance and completion of the course of study approved by the board;
(4)
Such other information as the board may require; and
(5)
Sufficient evidence that the applicant is of good moral character.
(b)
(1)
Each applicant shall pay a nonrefundable application fee as set by the board.
(2)
On notice of acceptance, each applicant for examination shall pay an examination fee as set by the board.
(3)
Each applicant accepted by reciprocity will pay a reciprocity fee as set by the board.
(c)
(1)
Notwithstanding subsection (a), osteopathic medical students, interns, residents, and clinical fellows, while participating in a training program approved by the American Osteopathic Association or the American Medical Association, performing duties assigned to meet the requirements of such a training program and while under the supervision and control of a physician, either a doctor of osteopathic medicine or a doctor of medicine licensed to practice in this state, are exempt from the requirement of a license. No such student, intern, resident, or clinical fellow shall be permitted to practice osteopathic medicine outside of the person's duties and responsibilities in the approved training program without being licensed to practice osteopathic medicine.
(2)
It is the responsibility of the program director or the dean responsible for the training program to apply to the board of osteopathic examination for an exemption for each such medical student, intern, resident, or clinical fellow. It is the responsibility of such program director or dean to notify the board of the termination of an applicant's participation in the training program, whether by completion of the program or for any other reason.
(3)
The board of osteopathic examination may impose a fee to accompany each application for exemption.
(d)
The board is authorized, in its discretion, to issue special training licenses to osteopathic medical interns, residents and fellows who have met all other qualifications for licensure contained in this chapter and the rules and regulations promulgated pursuant thereto, with the exception of having completed the necessary residency or training programs required by subdivision (a)(4) and properly promulgated rules, and the licensure examination. The board also is authorized to promulgate rules and regulations to implement this new licensure category. The initial set of these rules may be processed as emergency rules pursuant to §
4-5-208
. These special training licenses will be governed by the following:
(1)
Such licenses shall be issued only to osteopathic medical interns, residents and fellows while participating in a training program of one of the accredited medical schools or of one of such medical school's affiliated teaching hospitals in Tennessee, performing duties assigned to meet the requirements of such program and while under the supervision and control of a physician, either a doctor of osteopathic medicine or a doctor of medicine fully licensed to practice medicine in Tennessee;
(2)
No person holding a special training license is permitted to practice osteopathic medicine outside of such person's duties and responsibilities in the training program without being fully licensed to practice medicine in Tennessee. Termination of participation in the training program for which the special license was issued for any reason terminates that license;
(3)
It is the responsibility of the program director or the dean responsible for the training program to submit the necessary information and applications on behalf of each applicant. It also is the responsibility of the program director or the dean to notify the board of the termination of the applicant's participation in the training program, whether by completion of the program or for any other reason;
(4)
The board may impose fees to accompany each individual application for a special training license; and
(5)
[Deleted by the 2022 amendment.]
(e)
The board also has the authority to issue locum tenens and/or conditional licenses as it deems appropriate after reviewing the qualifications of applicants. In addition to the authority granted the board in §
63-9-111
, the board has the authority to issue restricted licenses to current applicants or current licensees, or both, as it deems necessary, pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(f)
(1)
Nothing in this section shall be construed to prohibit a charitable clinic from employing or contracting with an osteopathic physician; provided, that the contractual relationship between the osteopathic physician and the charitable clinic is evidenced by a written contract, job description, or documentation, containing language that does not restrict the osteopathic physician from exercising independent professional medical judgment in diagnosing and treating patients.
(2)
For the purposes of this subsection (f), the term "charitable clinic" means an entity that meets the following standards:
(A)
Has received a determination of exemption from the internal revenue service under
26 U.S.C. § 501(c)(3)
or is a distinct part of an entity that has received such a determination of exemption;
(B)
Has clinical facilities located in this state;
(C)
Has a primary mission to provide health care or dental care services to low-income, uninsured, or underserved individuals;
(D)
Provides one (1) or more of the following services for free or at a discounted rate:
(i)
Medical care;
(ii)
Dental care;
(iii)
Mental health care; or
(iv)
Prescription medications;
(E)
Utilizes volunteer healthcare professionals and nonclinical volunteers; and
(F)
Is not required to be licensed under §
68-11-202(a)(1)
.
(3)
For the purposes of this section, the term "employing" shall not allow the employing of osteopathic physicians with the same specialties as those physicians exempted in §
63-6-204(e)(3)
.
Amended by 2022 Tenn. Acts, ch. 1083, s 3, eff. 5/27/2022.
Amended by 2016 Tenn. Acts, ch. 632, Secs.s 2, s 3eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 766, s 4, eff. 4/19/2016.
Amended by 2014 Tenn. Acts, ch. 949,s 8, eff. 7/1/2014.
Acts 1905, ch. 255, § 2; Shan., § 3654a5; mod. Code 1932, §7004; Acts 1939, ch. 150, § 1; impl. am. Acts 1947, ch. 9, §§2-4, 9; C. Supp. 1950, § 7004; Acts 1953, ch. 113, § 25; 1971, ch. 161, § 2; 1973, ch. 44, § 1; 1976, ch. 727, § 4; T.C.A. (orig. ed.), § 63-904; Acts 1982, ch. 948, § 1; 1988, ch. 808, § 1; 1989, ch. 523, §§ 57-60; 1992, ch. 744, § 1; 1994, ch. 901, §4; 1996, ch. 712, §§1, 2; 2009 , ch. 566, § 12.