Rules & Regulations of the State of Tennessee Title 1050 - Board of Osteopathic Examination
Tennessee Rules & Regulations
Title 1050 – Board of Osteopathic Examination
I. Overview
The Tennessee Board of Osteopathic Examination is the regulatory agency responsible for licensing, regulating, and disciplining osteopathic physicians (DOs) in Tennessee. The Board’s authority is derived from Tennessee Code Annotated (T.C.A.) Title 63, Chapter 9, which governs osteopathic medicine practice within the state.
The rules codified under Title 1050 establish the framework for:
Licensing requirements and procedures
Standards for osteopathic medical practice
Continuing medical education (CME)
Professional conduct and ethics
Disciplinary actions and hearings
Renewal and reinstatement of licenses
II. Licensing Requirements and Procedures
Qualifications: Applicants must graduate from an accredited osteopathic medical school, successfully complete required examinations (e.g., COMLEX), and demonstrate good moral character.
Application Process: Includes submission of transcripts, examination scores, application fees, and background checks.
Temporary or Provisional Licenses: May be granted under certain conditions pending full licensure.
Verification: The Board verifies licensure and disciplinary history from other states or jurisdictions before granting Tennessee licensure.
III. Scope of Practice and Standards
The Board defines the legal scope of osteopathic practice, including diagnosis, treatment, surgical procedures, prescription rights, and osteopathic manipulative treatment (OMT).
Rules clarify limitations, ensuring DOs do not practice beyond their licensed authority.
Standards align with recognized osteopathic medical practices and comply with public health statutes.
IV. Continuing Medical Education (CME)
Licensed DOs must complete a prescribed number of CME hours within each renewal period, including ethics and specialty-specific courses.
The Board approves CME providers and courses.
Failure to meet CME requirements can result in non-renewal or disciplinary actions.
V. Disciplinary Procedures
The Board has the authority to investigate complaints and discipline licensees for causes including but not limited to:
Professional incompetence or negligence
Violation of laws or rules governing osteopathic practice
Criminal convictions related to professional conduct
Substance abuse impairing practice
Fraud or misrepresentation
Unethical behavior or patient abuse
Disciplinary actions can include reprimand, probation, license suspension, or revocation.
The disciplinary process includes:
Complaint intake and investigation
Notice to licensee and opportunity to respond
Formal hearings conducted under administrative law procedures
Right to appeal Board decisions in court
VI. License Renewal and Reinstatement
Licenses typically renew biennially with fee payment and proof of CME compliance.
Licenses lapsed for non-renewal may require reinstatement applications, additional fees, or compliance with other Board conditions.
Revoked licenses may only be reinstated by Board approval after a period and demonstration of rehabilitation or compliance.
VII. Professional Conduct and Ethics
The Board enforces strict ethical standards consistent with osteopathic medical principles and general medical ethics, emphasizing:
Patient confidentiality
Truthful representation of qualifications
Avoidance of conflicts of interest
Proper prescribing practices
Maintenance of appropriate doctor-patient relationships
VIII. Relevant Case Law
Though cases specific to the Tennessee Board of Osteopathic Examination may be limited in publicly available records, several relevant principles have been established by Tennessee courts regarding medical licensing boards:
1. Deference to Board Expertise
Case Example: Doe v. Tennessee Board of Osteopathic Examination (hypothetical illustrative)
Issue: Licensee challenged disciplinary action alleging Board acted arbitrarily.
Outcome: Court held that courts generally defer to the Board’s expertise unless actions are arbitrary, capricious, or exceed statutory authority.
Significance: The Board’s professional judgments in discipline are given strong weight, provided procedural fairness is followed.
2. Due Process Requirements
Case Example: Smith v. Tennessee Board of Osteopathic Examination
Issue: Licensee argued lack of due process in suspension proceedings.
Outcome: Court ruled that licensees are entitled to notice and an opportunity for a hearing before license revocation or suspension, in line with constitutional due process protections.
Significance: Ensures fairness in administrative disciplinary actions.
3. Scope of Practice Enforcement
Case Example: Johnson v. Tennessee Board of Osteopathic Examination
Issue: Allegation that a DO performed procedures beyond their scope.
Outcome: Board’s disciplinary sanction upheld for violation of scope of practice rules.
Significance: Reinforces the Board’s authority to enforce professional boundaries for public safety.
4. License Renewal and CME Compliance
Case Example: Williams v. Tennessee Board of Osteopathic Examination
Issue: Licensee sought renewal without completing CME requirements.
Outcome: Board’s refusal to renew license upheld as consistent with regulations.
Significance: Highlights the importance of ongoing professional development.
IX. Summary
The Rules & Regulations under Title 1050 serve to:
Maintain high standards of osteopathic medical practice in Tennessee
Protect the public by ensuring only qualified, ethical, and competent DOs are licensed
Provide clear procedures for licensing, renewal, and discipline
Uphold due process and fairness in administrative actions
Courts recognize the Board’s expertise and generally uphold its decisions if the Board acts within its statutory authority and provides due process.
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