Tenn. Comp. R. & Regs. 1200-34-01-.04

Current through December 10, 2024
Section 1200-34-01-.04 - LICENSURE RENEWAL
(1) Renewal.
(a) A pain management clinic license, unless another time is given at the time of licensure, shall expire two (2) years from the date of issuance. All licenses must be renewed on or before the last day of the two (2) year licensure cycle.
(b) A Medical Director may renew a current, valid license prior to its expiration date by submitting the following to the Department:
1. A renewal application form prescribed by the Department;
2. The required renewal fee;
3. Proof of having a medical director who meets the requirements contained in these rules and is a pain management specialist;
4. An attestation that the clinic is not owned wholly or partly by a person who has been convicted of, pleaded nolo contendere to, or received deferred adjudication for:
(i) An offense that constitutes a felony; or
(ii) An offense that constitutes a misdemeanor, the facts of which relate to the distribution of illegal prescription drugs or a controlled substance as defined in § 39-17-402;
5. An attestation that no owner, employee or person with whom the clinic contracts who has clinical contact with patients, contact with onsite patient information or specimens, and/or has management responsibilities:
(i) Has been convicted of an offense involving the sale, distribution, or dispensing of controlled substances under state or federal law;
(ii) Has been denied, by any jurisdiction, a license under which that person may prescribe, dispense, administer, supply, or sell a controlled substance;
(iii) Has been subject to disciplinary action by any licensing entity for conduct that was the result of inappropriately prescribing, dispensing, administering, supplying, or selling a controlled substance;
6. Proof the Medical Director has maintained the status of pain management specialist;
7. Any other information requested by the Department.
(2) A clinic whose certificate was renewed before July 1, 2017, and continued operation on that certificate as a license until its expiration, shall have its Medical Director apply as a new applicant for licensure under this part, and must meet all requirements for licensure in order to continue operation beyond the expiration date of the certificate. In order for the Department to timely process the application and inspect the clinic, the Medical Director must have submitted a complete application as a new applicant a minimum of ninety (90) days before the expiration of the clinic's certificate. For purposes of an expired certificate, there shall be no grace period for operation between expiration of the certificate and the initial licensure date.
(3) Late Renewal and Reapplication.

The pain management clinic may renew its license within sixty (60) days after the license expiration date with payment of the renewal fee and late renewal penalty fee, and after having completed all of the other requirements for renewal. After the sixty (60) day grace period, the Medical Director may reapply for a new license, but must cease operations until such time as a new license is granted.

Tenn. Comp. R. & Regs. 1200-34-01-.04

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, 63-1-306, 63-1-307, 63-1-308, 63-1-309, and 63-1-316.