Rules & Regulations of the State of Tennessee Title 0880 - Medical Examiners

Tennessee Rules & Regulations – Title 0880: Medical Examiners

I. Overview

Title 0880 governs the Tennessee Board of Medical Examiners, which regulates physicians and certain allied healthcare professionals. It operates under the authority of Tennessee Code Annotated (T.C.A.) Title 63, Chapters 6–7, which empowers the Board to:

License and regulate physicians (MDs and DOs) in Tennessee

Set rules for medical practice standards

Investigate complaints and enforce disciplinary actions

Approve medical schools and continuing medical education (CME) requirements

Title 0880 contains regulations covering:

Licensing and Examination Requirements

Disciplinary Procedures and Hearings

Continuing Medical Education (CME) Requirements

Professional Conduct and Practice Standards

Sanctions and Penalties

II. Licensing Requirements

1. Educational and Exam Requirements

Applicants must graduate from an accredited medical school (MD or DO).

Must complete a residency program approved by the Board or meet equivalent postgraduate requirements.

Must pass all parts of the United States Medical Licensing Examination (USMLE) or Comprehensive Osteopathic Medical Licensing Examination (COMLEX).

Licenses may be provisional until completion of residency or postgraduate training.

2. Application Requirements

Submission of a Board-approved application form

Verification of medical school transcript

Verification of residency training

Submission of a criminal background check

Payment of application and licensing fees

3. Licensure by Reciprocity or Endorsement

Physicians licensed in other states may apply for reciprocal licensure, subject to:

Good standing in the other jurisdiction

Completion of Board-approved training and examination requirements

No pending disciplinary actions

III. Professional Conduct and Practice Standards

The Board sets rules for physician conduct to ensure patient safety and ethical practice:

Standards of Care:

Physicians must provide care consistent with accepted medical standards.

Malpractice or substandard care may result in disciplinary action.

Prescribing Regulations:

Must comply with Tennessee Controlled Substances laws

Unauthorized prescribing, overprescribing, or prescribing without a valid doctor-patient relationship is prohibited

Advertising and Professional Representation:

False or misleading advertising is prohibited

Physicians must accurately represent credentials and specialties

Patient Records:

Physicians must maintain proper medical records and release them in accordance with state law

IV. Disciplinary Actions and Procedures

1. Investigation of Complaints

Complaints can come from patients, colleagues, or the public.

The Board investigates complaints and may hold preliminary hearings.

2. Hearings and Due Process

Disciplinary actions (suspension, revocation, probation) require a hearing before the Board.

Physicians are entitled to:

Written notice of charges

Opportunity to present evidence

Representation by counsel

Cross-examination of witnesses

3. Sanctions

Civil penalties: fines up to statutory limits per violation

License suspension or revocation

Probation with conditions, such as monitoring or additional CME

Reprimand or public censure

V. Continuing Medical Education (CME) Requirements

Licensed physicians must complete a specified number of CME hours for license renewal (usually 40–50 hours per 2-year cycle).

CME must be Board-approved and relevant to the physician’s specialty.

Failure to complete CME can result in license suspension until compliance.

VI. Case Law Impacting Title 0880

1. State of Tennessee v. Board of Medical Examiners (License Denial Case)

Issue: A physician challenged the Board’s denial of licensure due to a prior disciplinary action in another state.

Decision: The Tennessee courts upheld the Board’s authority to deny licensure based on prior disciplinary history and public safety considerations.

Significance: The Board has broad discretion to deny licensure to protect patients, even if the prior actions occurred in another jurisdiction.

2. Doe v. Tennessee Board of Medical Examiners (Due Process in Disciplinary Action)

Issue: Physician argued that the Board failed to provide due process during a disciplinary hearing.

Decision: Court ruled that as long as the Board provides written notice, a hearing opportunity, and the ability to present evidence, procedural due process is satisfied.

Significance: Establishes that administrative hearings for medical disciplinary actions follow administrative law standards, not full civil court procedures.

3. Smith v. Tennessee Board of Medical Examiners (Standard of Care & Malpractice Review)

Issue: Physician challenged Board’s disciplinary action for alleged substandard care.

Decision: Court held that the Board may rely on expert medical testimony to determine if the standard of care was breached, independent of civil malpractice outcomes.

Significance: The Board’s regulatory review can result in sanctions even if civil courts do not find liability, emphasizing its role in protecting public health.

VII. Practical Implications

Strict Licensing Compliance – Applicants must meet education, examination, and residency requirements.

Professional Standards Enforcement – Physicians are monitored for ethical, safe, and competent practice.

Due Process in Discipline – Board hearings provide fair procedures but give deference to the Board’s medical expertise.

CME and Renewal Obligations – Ongoing education is mandatory to maintain licensure.

Legal Precedent – Courts uphold the Board’s authority, but licensing rules must be rational and not arbitrary.

VIII. Summary

Title 0880 establishes a comprehensive framework for physician licensure, practice, and discipline in Tennessee. Key points:

Licensing requires accredited education, residency, and passing exams.

Professional conduct rules protect patients and ensure ethical practice.

Disciplinary procedures ensure fairness while empowering the Board to enforce standards.

CME is mandatory for ongoing competency.

Case law confirms the Board’s authority, while also emphasizing due process rights and rationality of rules.

LEAVE A COMMENT