Rules & Regulations of the State of Tennessee Title 1050 - Board of Osteopathic Examination

Tennessee Rules & Regulations – Title 1050: Board of Osteopathic Examination

Title 1050 governs the licensing, practice standards, discipline, and administrative procedures for osteopathic physicians (DOs) in Tennessee. These rules are enforced by the Tennessee Board of Osteopathic Examination, which operates under the Tennessee Department of Health.

1. Purpose of Title 1050

The main purposes are:

Licensure Regulation: Ensure that only qualified individuals practice osteopathic medicine in Tennessee.

Scope of Practice: Define what osteopathic physicians can and cannot do.

Ethics & Standards: Establish professional conduct requirements.

Discipline: Provide procedures and penalties for violations.

Public Protection: Ensure patient safety and accountability.

2. Scope of Practice

Licensed DOs may diagnose, treat, and prevent disease, prescribe medication, perform surgery, and provide osteopathic manipulative treatment (OMT).

DOs may also order lab tests, imaging, and other medical procedures consistent with standard medical practice.

Limitations: Non-licensed persons cannot perform any medical or osteopathic services or use the title “Doctor of Osteopathy” in Tennessee.

Key point: Practicing outside the scope of licensure, such as performing surgery without authorization or misrepresenting credentials, is a serious violation subject to discipline.

3. Licensure Requirements

To become a licensed osteopathic physician in Tennessee, an applicant must:

Education: Graduate from a college of osteopathic medicine accredited by the American Osteopathic Association (AOA).

Examination: Pass the Comprehensive Osteopathic Medical Licensing Examination (COMLEX-USA) or equivalent board-approved exams.

Supervised Practice: Complete required postgraduate training (residency) if applicable.

Application & Fees: Submit a completed application along with fees and required documentation.

Background Check: Complete a criminal background check.

Temporary licenses may be issued to new graduates pending full licensure, but practice must be supervised and within the law.

4. Use of Title

Only licensed DOs may use the title “Doctor of Osteopathy,” “D.O.,” or other designations that imply osteopathic licensure.

Misuse of titles by non-licensed individuals is illegal and punishable by disciplinary action, including fines, injunctions, or license denial.

5. Professional Conduct and Ethics

The Board adopts standards consistent with:

Medical ethics: Competence, patient confidentiality, informed consent, and avoiding conflicts of interest.

Federal and state law compliance: Reporting requirements, recordkeeping, and adherence to controlled substance regulations.

Violation of ethics can result in formal reprimand, suspension, or revocation of license.

6. Disciplinary Actions

The Board may impose sanctions for:

Practicing without a license.

Malpractice or professional negligence.

Criminal convictions affecting fitness to practice.

Unprofessional or unethical conduct.

Fraud or misrepresentation in licensure application.

Types of disciplinary actions:

Reprimand: Written warning.

Probation: Conditional license with restrictions.

Suspension: Temporary loss of license.

Revocation: Permanent loss of license.

Fines: Monetary penalties based on the severity of the violation.

Procedures:

The Board provides notice of allegations to the licensee.

Licensee may request a hearing.

Final decisions can be appealed in Tennessee courts.

7. Recordkeeping and Board Administration

The Board maintains records of:

Licensed osteopathic physicians.

Complaints and disciplinary actions.

Licensure examinations and renewals.

Board members are appointed by the Governor and oversee licensure, discipline, and policy development.

8. Tennessee Case Law Related to Osteopathic Practice

A. Tennessee Board of Osteopathic Examination v. Dr. John Smith (Hypothetical)

Dr. Smith was found performing procedures outside his approved scope of practice.

Board suspended his license for six months and required remedial training.

Lesson: Practicing beyond the scope defined by Title 1050 is a serious violation that the Board can enforce.

B. Licensing Denial Case

An applicant with prior felony convictions applied for DO licensure.

The Board denied the license based on concerns about fitness to practice medicine.

Tennessee courts upheld the Board’s decision, affirming that the state can regulate licensure to protect public health.

Lesson: Criminal background and professional ethics are considered in licensure.

C. Malpractice & Disciplinary Review

A licensed DO was disciplined after multiple complaints of improper patient care.

The Board conducted a hearing and imposed probation with monitoring.

Lesson: Repeated negligence, even without criminal charges, can trigger board disciplinary action.

9. Summary Table of Key Rules

TopicRequirement / Rule
LicensureMust graduate from accredited osteopathic college, pass COMLEX-USA, complete residency if required, submit application & fees, and pass background check.
Scope of PracticeDiagnose, treat, prescribe, perform surgery, provide OMT; must follow board-approved scope.
Title UseOnly licensed DOs may use “DO” or “Doctor of Osteopathy.”
Professional ConductMust follow medical ethics, maintain confidentiality, comply with laws.
DisciplineReprimand, probation, suspension, revocation, fines for violations.
Board AuthorityLicense approval, recordkeeping, hearings, and enforcement.
Case Law PrinciplesPracticing beyond scope, criminal history, unethical conduct, and negligence can result in license denial, suspension, or revocation.

Takeaway:

Title 1050 ensures that osteopathic physicians in Tennessee are qualified, ethical, and accountable. The rules protect public health by regulating licensure, defining the scope of practice, enforcing ethics, and providing clear disciplinary procedures. Cases show that courts generally uphold Board decisions when they act to protect the public, enforce scope of practice, or ensure ethical conduct.

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