Section 1200-34-01-.03 - APPLICATION REVIEW, APPROVAL, AND DENIAL(1) Administrative staff shall determine when an application file is complete.(2) If an applicant does not complete the application process within ninety (90) days after the Department receives the application because the application lacks the required information or fails to meet the prerequisites for licensure, then the application will be closed, the licensure fee will not be refunded, and the applicant shall be required to reapply in order to pursue licensure.(3) Any applicant who has successfully complied with all requirements governing the licensure process shall then be subject to an inspection of the clinic. The applicant must successfully pass the inspection prior to being eligible for licensure. Upon inspection, if evidence is found that any practice act or any requirement of these rules has been violated, the application may be denied, and the Department may use the evidence in a separate disciplinary matter against any of the licensees involved. Representations in the application which are deemed by the Department to be untrue or incompletely disclosed may also subject the applicant to disciplinary action before his or her licensing board, and may subject the pain management clinic application to denial, and a previously issued pain management clinic license or certificate to revocation or other disciplinary action.(4) The Department will conduct its eligibility inspection within 90 business days from the date the application is deemed complete by administrative staff. If the applicant does not initially pass the inspection, the Department, at its discretion, may re-inspect the clinic subject to a payment of a re-inspection fee. Such re-inspection may take place beyond the 90 business days from the application completion date. If the applicant maintains a current practice at a certified or licensed pain management clinic and the application is for a new location, the Department may inspect the current practice and approve the license at the new location, subject to a re-inspection and re-inspection fee at the new location after the practice has moved to the new location.(5) If the application is denied, or the license is issued with conditions or restrictions, the following shall occur: (a) A notification of the denial shall be sent from the Administrative Office by certified mail, return receipt requested, which shall contain reasons for the denial, condition, or restriction, as well as the statutory or rule authority for the denial, condition, or restriction.(b) The notification, when appropriate, shall also contain a statement of the applicant's right to a contested case hearing under the Tennessee Administrative Procedures Act (T.C.A. §§ 4-5-101, et. seq.) to contest the denial, condition, or restriction. An applicant has a right to a contested case hearing only if the denial, condition, or restriction was based upon subjective or discretionary criteria, and only if the request for the contested case hearing is made in writing and received by the Department's Office of General Counsel on or before the thirtieth (30th) day after receipt of the notice by the applicant.(6) If the Department finds that it has erred in the issuance of a license, the Administrative Office will give written notice by certified mail of its intent to revoke the license. The notice will allow the Medical Director the opportunity to meet the requirements for licensure within thirty (30) days from the date of receipt of the notification. If the Medical Director does not concur with the stated reason and the intent to revoke the license, the Medical Director shall have the right to proceed according to T.C.A. § 63-1-316(j).Tenn. Comp. R. & Regs. 1200-34-01-.03
Emergency rule filed September 30, 2011; effective through March 28, 2012. Emergency rule filed September 30, 2011 and effective through March 28, 2012; on March 29, 2012 the emergency rule expired and reverted to its previous status. Permanent rules 1200-34-01-.01 through .10 filed December 27, 2011; to have been effective March 26, 2012. The Government Operations Committee filed a seven-day stay of effective date of the rules; new effective date April 2, 2012. On March 26, 2012, the Government Operations Committee withdrew its stay; new effective date March 26, 2012. Emergency rule filed May 25, 2017 and effective through November 21, 2017. The emergency rule expired on November 22, 2017 and reverted to its previous status. Repeal and new rules filed August 28, 2017; effective 11/26/2017.Authority: T.C.A. §§ 63-1-303, 63-1-304, and 63-1-316.