2010 Tennessee Code
Title 63 - Professions Of The Healing Arts
Chapter 6 - Medicine and Surgery
Part 2 - General Provisions
63-6-207 - Application for certificate Special training licenses.

63-6-207. Application for certificate Special training licenses.

(a)  Persons desiring to practice medicine or surgery in this state shall make application in writing to the board, which application shall be accompanied by:

     (1)  If a United States or Canadian medical school graduate:

          (A)  A certificate from a medical school whose curriculum is approved by the American Medical Association or its extant accreditation program for medical education, or its successor;

          (B)  A nonrefundable application fee as set by the board and by an examination fee prescribed in this section;

          (C)  Evidence of the satisfactory completion of a one-year United States training program approved by the American Medical Association or its extant accreditation program for medical education, or its successor;

          (D)  Sufficient evidence of good moral character; and

          (E)  Evidence of being legally entitled to live and work in the United States if not a citizen of the United States or Canada;

     (2)  If an international medical school graduate:

          (A)  A certificate from a medical school whose curriculum is judged to be acceptable by the board;

          (B)  A copy of a permanent Educational Commission for Foreign Medical Graduates (E.C.F.M.G.) certificate;

          (C)  A nonrefundable application fee as set by the board and by an examination fee prescribed in this section;

          (D)  Sufficient evidence of good moral character;

          (E)  Evidence of being a citizen of the United States or Canada or legally entitled to live and work in the United States; and

          (F)  Evidence of satisfactory completion of a three-year residency program approved by the American Medical Association or its extant accreditation program for medical education, or its successor. Such person may apply to the board for licensure and/or testing in accordance with this chapter within three (3) months of completion of the residency program if satisfactory performance in such residency is demonstrated to the satisfaction of the board.

(b)  All applicants shall present themselves before the board or the board's administrative designee for examination. The board may question in such subjects as the board may deem appropriate. As its qualifying examination, the board accepts the Federation Licensing Examination (FLEX) and/or the National Board of Medical Examiners examination and/or the United States Medical Licensing Examination or its successor examination. Applicants shall successfully complete the United States Medical Licensing Examination within seven (7) years from the date of whichever step of the examination was successfully completed first. An applicant is considered to have successfully completed a step of the examination on the date that the step was taken and not the date on which the passing score was made public by the examination agency; provided, however, that the board is authorized to promulgate rules and regulations creating exceptions that will extend the seven (7) year time frame provided in this subsection (b). In addition, the board reserves the right to write its own state board examination or contract with other national testing organizations. The board reserves the right to designate its administrative staff to administer the licensing examinations and to collect such application and examination fees as the board, in its discretion, may deem necessary.

(c)  The members of the board also have the right to examine all applicants in such oral examinations as they may deem necessary.

(d)  The board is authorized in its discretion to issue special training licenses to 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)(1)(C), and/or (a)(2)(F) 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 the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. These special training licenses will be governed by the following:

     (1)  Such licenses shall be issued only to 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 fully licensed to practice medicine in Tennessee;

          (A)  No person holding a special training license is permitted to practice 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;

          (B)  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;

          (C)  The board may impose fees to accompany each individual application for a special training license; and

          (D)  Recipients of the special training license shall not be subject to the occupational tax levied by § 67-4-1702(a)(4)(G).

     (2)  Notwithstanding the provisions of subdivision (d)(1), medical interns, residents, and fellows who do not hold a special training license pursuant to this subsection (d), are exempt from the requirement of a license to practice medicine or surgery in this state when such medical interns, residents, and clinical fellows are participating in a training program of one of the accredited medical schools, or of one of its 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 fully licensed to practice medicine or surgery in the state of Tennessee. No such intern, resident or clinical fellow is permitted to practice medicine or surgery outside of that person's duties and responsibilities in such training program without being fully licensed to practice medicine or surgery in the state of Tennessee;

          (A)  It is the responsibility of the program director or the dean responsible for the training program to apply to the board for an exemption for each such medical intern, resident or clinical fellow. Moreover, it is the responsibility of such program director or 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;

          (B)  The board may impose a fee, to accompany each application for exemption; and

          (C)  Eligibility for the exemption provided for in this subdivision (d)(2) shall apply to all eligible persons in training on April 8, 1994, or thereafter.

(e)  The board or the board's designee is specifically authorized to conduct applicant interviews periodically as it deems necessary on a case by case basis.

[Acts 1901, ch. 78, § 6; Shan., § 3609a18; Code 1932, § 6923; Acts 1945, ch. 181, § 3; C. Supp. 1950, § 6923; Acts 1975, ch. 355, § 14; impl. am. Acts 1976, ch. 575, § 1; T.C.A. (orig. ed.), § 63-611; Acts 1982, ch. 905, § 4; 1985, ch. 468, §§ 1, 2; 1988, ch. 912, § 1; 1989, ch. 302, § 1; 1989, ch. 523, §§ 41, 42; 1990, ch. 1002, § 1; 1990, ch. 1055, §§ 1, 3; 1993, ch. 404, § 8; 1994, ch. 732, § 2; 1995, ch. 97, §§ 1-3; 1995, ch. 329, § 1; 1998, ch. 877, § 1; 2003, ch. 11, § 1; 2004, ch. 562, § 1; 2006, ch. 774, §§ 1, 2; 2009, ch. 566, § 12.]