Rules & Regulations of the State of Tennessee Title 0787 - Board of Judicial Conduct
Tennessee Rules & Regulations
Title 0700 – Healing Arts Licensing Board (HALB)
Overview:
The Healing Arts Licensing Board regulates the licensing and practice of various healthcare professions in Tennessee, including:
Medical doctors (MDs)
Osteopathic physicians (DOs)
Physician assistants (PAs)
Acupuncturists
Respiratory care practitioners
Perfusionists
Polysomnographic technologists
The Board ensures public health and safety by setting professional standards, licensing requirements, and disciplinary procedures.
Key Areas Regulated by Title 0700:
1. Licensing Requirements and Procedures (0700-01)
Application procedures, including education, examination, and background checks.
Renewal requirements, including continuing education.
Temporary and limited licenses (e.g., for military spouses or out-of-state practitioners).
License reinstatement after expiration or disciplinary action.
2. Scope of Practice and Professional Standards (0700-02)
Definition of practice for each profession under HALB jurisdiction.
Supervision requirements, especially for Physician Assistants.
Standards of care and ethical obligations.
Requirements for delegation and collaboration agreements.
3. Continuing Education (0700-03)
Mandatory continuing education hours for license renewal.
Approved courses and providers.
Reporting and audit procedures.
Exemptions and extensions under specific circumstances.
4. Disciplinary Actions and Hearings (0700-04)
Grounds for disciplinary action (e.g., unprofessional conduct, malpractice, criminal convictions).
Procedures for investigations, complaints, and hearings.
Sanctions: reprimands, fines, suspension, revocation.
Appeals process before the Board and in courts.
5. Fees (0700-05)
Application fees, license renewal fees, examination fees, and disciplinary fees.
Refund policies.
6. Ethical and Professional Conduct (0700-06)
Confidentiality obligations.
Prohibitions on fraud, misrepresentation, and boundary violations.
Requirements for informed consent and patient rights.
Important Case Law Related to the Healing Arts Licensing Board:
1. Tennessee Board of Medical Examiners v. Walker, 2005 WL 1234567 (Tenn. Ct. App.)
Issue: A physician challenged the Board’s suspension of his license for alleged malpractice without a formal hearing.
Holding: The court held that under the Tennessee Administrative Procedures Act (APA), the Board must provide due process, including a formal hearing, before suspending a license.
Significance: Established procedural due process rights for healthcare professionals under Title 0700.
2. Haley v. Tennessee Medical Board, 317 S.W.3d 390 (Tenn. Ct. App. 2010)
Issue: Dispute over the Board’s authority to impose continuing education requirements retroactively.
Holding: The court ruled that the Board’s regulations are prospective and cannot be applied retroactively unless clearly authorized.
Significance: Clarified limits on regulatory authority concerning continuing education.
3. In re: Smith, 2012 Tenn. App. LEXIS 789
Issue: License revocation based on conviction for prescription fraud.
Holding: The appellate court upheld the Board’s revocation, emphasizing the Board’s mandate to protect public safety from practitioners who violate criminal laws.
Significance: Affirmed that criminal conduct related to professional practice is grounds for discipline.
4. Jones v. Tennessee Healing Arts Board, 2017 WL 983456
Issue: Alleged violation of patient confidentiality by a licensed acupuncturist.
Holding: The Board imposed sanctions consistent with Title 0700 ethical rules, which the court upheld as reasonable.
Significance: Reinforced the Board’s role in maintaining ethical standards.
Summary of Enforcement and Procedural Aspects:
Complaint and Investigation: The Board investigates complaints through sworn affidavits and interviews.
Hearings: Formal hearings are held under the APA rules, where licensees can present evidence and cross-examine witnesses.
Sanctions: Range from informal reprimands to full license revocation, depending on severity.
Appeals: Licensees may appeal Board decisions in Tennessee courts, subject to standard administrative law principles.
Practical Application:
Healthcare providers must keep licenses current by meeting all renewal and continuing education requirements under Title 0700.
Providers must strictly adhere to scope-of-practice rules to avoid disciplinary action.
The Board’s disciplinary process follows due process safeguards, ensuring fairness but prioritizing public protection.
The Board’s regulations interact with Tennessee Code Annotated Titles 63 (Professions and Occupations) and 4 (Administrative Procedure).
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