Section 1050-02-.17 - TELEMEDICINE LICENSURENo person shall engage in the practice of osteopathic medicine across state lines in this State, hold himself out as qualified to do the same, or use any title, word, or abbreviation to indicate to or induce others to believe that he is licensed to practice osteopathic medicine across state lines in this State unless he is actually so licensed in accordance with the provisions of this rule.
(1) Definitions - As used in this rule, the practice of osteopathic medicine across state lines (telemedicine) means:(a) The rendering of a written or otherwise documented medical opinion concerning diagnosis or treatment of a patient within this State by an osteopathic physician located outside this State as a result of transmission of individual patient data by electronic or other means from within this State to such osteopathic physician or his agent; or(b) The rendering of treatment to a patient within this State by an osteopathic physician located outside this State as a result of transmission of individual patient data by electronic or other means from within this State to such osteopathic physician or his agent.(2) Issuance of License - An applicant who has an unrestricted license in good standing in another state and maintains an unencumbered certification in a recognized specialty area; or is eligible for such certification and indicates a residence and a practice outside the State of Tennessee but proposes to practice osteopathic medicine across state lines on patients within the physical boundaries of the State of Tennessee, shall in the discretion of the Board be issued a telemedicine license.(a) To obtain a license, an applicant shall compile the following and when completed, submit them to the Board Administrative Office:1. A Board approved application form; and2. All documentation required by rule 1050-02-.03 subparagraphs (1) (b), (1) (f), (1) (g), (1) (i), (1) (j) and (2) (a).(b) The practice of any person issued a telemedicine license shall be restricted to the specialty area of osteopathic medicine in which that person is certified or in which the person is eligible for certification.(c) All telemedicine licenses must be renewed, inactivated or retired according to the same procedure as active unrestricted licenses governed by rules 1050-02-.07 and 1050-02.08.(d) All telemedicine licenses are subject to discipline for the same causes and pursuant to the same procedures as active unrestricted licenses.(e) In the event of previous disciplinary or other action against the applicant, the Board may, in its discretion, issue a license to practice osteopathic medicine across state lines if it finds that the previous disciplinary or other action does not indicate that the osteopathic physician is a potential threat to the public.(3) Effect of License - The issuance by the Board of a special purpose license to practice osteopathic medicine across state lines subjects the licensee to the jurisdiction of the Board in all matters set forth in the Osteopathic Practice Act and implementing rules and regulations, including all matters related to discipline. The licensee agrees by acceptance of such license to do the following: (a) Produce patient medical records and/or materials as requested by the Board and/or to appear before the Board upon receipt of notice commanding appearance issued by the Board. Failure of the licensee to appear and/or to produce records or materials as requested, after appropriate notice, shall constitute grounds to suspend or revoke the licensee's telemedicine license at the Board's discretion.(b) Designate on the licensure application the name, address and telephone number of a physician residing in Tennessee upon whom service of process for any disciplinary action filed against the licensee can be legally made in the event that personal service upon the licensee has been shown to be unsuccessful. Service of process on that named individual, for acts or omissions that occurred during or as a result of the treatments provided or ordered by the licensee for patients physically located in Tennessee, is legally equivalent to personal service on the licensee.(4) Patient Medical Records - Any licensee licensed under the provision of this rule shall comply with all laws, rules, and regulations governing the maintenance of patient medical records, including patient confidentiality requirements, regardless of the state where the medical records of any patient within this State are maintained.(5) Any person who violates the provisions of this Act is subject to criminal prosecution for the unlicensed practice of osteopathic medicine pursuant to T.C.A. § 63-9-109, and/or injunctive or other action authorized in this State to prohibit or penalize continued practice without a license. Nothing in this rule shall be interpreted to limit or restrict the Board's authority to discipline any osteopathic physician licensed to practice in this State who violates the Osteopathic Practice Act while engaging in the practice of osteopathic medicine within this or any other State.(6) Exempted from the provisions of this rule are the following:(a) An osteopathic physician who practice osteopathic medicine across state lines in an emergency; or(b) Licensed / registered osteopathic physicians or surgeons of other states when called in consultation by a Tennessee licensed / registered osteopathic physician.(7) Not exempted from these rules is the practice of osteopathic medicine across state lines conducted within the parameters of a contractual relationship.(8) At the Board's discretion, submission of any document or set of documents required by this rule or submission of verification of the authenticity, validity and accuracy of the content of any document or set of documents required by this rule directly from the FCVS or other Board approved credentialing service to the Board Administrative Office shall be deemed to be submission of originals of those documents or sets of documents by the issuing institution(s).Tenn. Comp. R. & Regs. 1050-02-.17
Original rule filed April 10, 2000; effective June 24, 2000. Amendment filed March 14, 2006; effective May 28, 2006.Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-9-101, 63-9-104, and 63-9-111.