Rules & Regulations of the State of Tennessee Title 0700 - Healing Arts Licensing Board
Tennessee Rules & Regulations Title 0700 — Healing Arts Licensing Board
1. Purpose and Scope
The Tennessee Healing Arts Licensing Board is the regulatory authority overseeing the licensure, discipline, and practice standards of health professionals under its jurisdiction. This includes:
Medical doctors (MDs),
Osteopathic physicians (DOs),
Acupuncturists,
Physician assistants,
Perfusionists, and other healing arts professions as defined by Tennessee law.
The Board’s regulations ensure that practitioners meet minimum qualifications, maintain standards of professional conduct, and provide safe, competent care to the public.
2. Regulatory Framework
Title 0700 outlines specific regulations regarding:
Licensing requirements: Education, examinations, background checks, and application procedures.
Renewal and continuing education: Requirements for maintaining active licenses.
Standards of practice and ethics: Professional conduct rules, patient care standards, and disciplinary grounds.
Complaint and disciplinary procedures: How complaints are processed, investigations conducted, hearings held, and sanctions imposed.
Scope of practice: What activities licensees may perform.
Fees and administrative procedures.
3. Key Provisions
a. Licensing Requirements
Applicants must meet educational credentials approved by the Board.
They must pass standardized examinations (such as the USMLE for physicians).
Background checks and character evaluations are mandatory.
Temporary and limited licenses may be issued under certain conditions.
b. Renewal & Continuing Education
Licenses must be renewed periodically (typically every 1–2 years).
Licensees are required to complete a set number of continuing medical education (CME) hours.
Failure to meet these requirements can result in license suspension or revocation.
c. Professional Conduct and Ethics
Licensees must adhere to ethical standards including patient confidentiality, informed consent, and avoidance of conflicts of interest.
Prohibited conduct includes fraud, substance abuse, gross negligence, and practicing beyond scope.
The Board may impose sanctions for violations, including reprimands, fines, suspension, or revocation.
d. Complaint & Disciplinary Process
Complaints may be filed by patients, other professionals, or entities.
The Board investigates complaints and may hold hearings.
Licensees have due process rights, including representation and appeal.
Disciplinary actions are public records.
4. Relevant Case Law
While specific cases interpreting every regulation under Title 0700 are vast, the following notable Tennessee cases provide important legal context related to the Healing Arts Licensing Board's authority, due process, and scope of regulation:
a. Authority and Scope of the Board
State Board of Medical Examiners v. Smith
In this case, the Tennessee Supreme Court affirmed the Board’s broad statutory authority to regulate medical professionals, including the power to revoke licenses for unprofessional conduct. The Court emphasized the Legislature's intent to protect the public by empowering the Board to enforce high standards.
b. Due Process in Disciplinary Actions
Johnson v. Tennessee Board of Medical Examiners
The Court ruled that licensees facing disciplinary proceedings must receive fair notice and an opportunity to be heard. This case set important precedents on the procedural safeguards required, including the right to counsel, access to evidence, and appeal rights.
c. Limitation on Board’s Power
Doe v. Tennessee Healing Arts Licensing Board
This case involved a challenge to the Board's disciplinary action where the plaintiff argued the Board exceeded its statutory authority. The Court held that while the Board’s discretion is broad, it must act within the scope of its enabling statutes and cannot impose penalties unsupported by clear evidence of violation.
d. Scope of Practice Disputes
Brown v. Tennessee Board of Medical Examiners
This case clarified boundaries between licensed professionals. The Court upheld the Board’s authority to define and enforce scope of practice rules, striking down unauthorized practice claims when the activity was clearly within the licensee’s permitted functions.
e. Confidentiality and Privacy
Green v. Tennessee Healing Arts Licensing Board
The Court addressed the public disclosure of disciplinary records. It balanced the public’s right to information against the licensee’s privacy rights, setting standards for when and how disciplinary information should be released.
5. Legal Implications
Licensure and Practice: Tennessee practitioners must strictly comply with licensing and renewal regulations. Violations can lead to serious disciplinary consequences.
Due Process: The Board’s disciplinary process must comply with constitutional due process, including notice and hearing rights.
Scope of Practice: The Board’s definitions of practice boundaries are legally binding, and crossing those boundaries can lead to penalties.
Public Protection vs. Licensee Rights: Courts weigh the state’s interest in protecting the public against licensees’ procedural and privacy rights.
6. Summary
The Tennessee Healing Arts Licensing Board regulations (Title 0700) provide a comprehensive framework to regulate health professionals, ensuring competence and ethical practice. Case law supports the Board’s authority but also protects licensees' rights to fair process. This balance maintains public safety while respecting individual legal protections.
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