Tennessee § 63-6-101 - Creation — Composition — Administrative support.

§ 63-6-101. Creation — Composition — Administrative support.

There shall be a board to be known as the board of medical examiners, referred to in this chapter as the “board,” to consist of twelve (12) members. Nine (9) members shall be duly licensed physicians, each of whom must meet the following qualifications: Graduation from a medical school whose curriculum is substantially similar to, and whose educational standards are as high as that of, the medical department of the University of Tennessee, as published at the time of its extant catalogue; and Not less than six (6) years experience in the practice of either medicine or surgery or both. Three (3) members shall be nonphysicians who are consumers of health care and who neither own nor have any financial or other interest in any health care facility or business or school of medicine or other allied health care practitioner educational program and who shall represent the public at large. It shall be the board's duty to examine the qualifications of all applicants for certification of fitness to practice medicine or surgery in this state, to conduct disciplinary hearings, and to make such rules and regulations as are necessary to carry out and make effective this chapter. Any rules and regulations promulgated by the board shall comply with all requirements of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. No member shall be employed by or be a member of the governing body of, or have a financial interest in, any medical school, college or university of the state or of any school, college or university in which allied health care practitioners who are under the regulation of the board receive their qualifying education. The board is authorized to issue advisory private letter rulings to any affected licensee who makes such a request regarding any matters within the board's primary jurisdiction. Such private letter ruling shall only affect the licensee making such inquiry and shall have no precedential value for any other inquiry or future contested case to come before the board. Any dispute regarding a private letter ruling may, if the board chooses to do so, be resolved pursuant to the declaratory order provisions of § 4-5-223. The board shall receive administrative support from the division of health related boards in the department of health, referred to as the “division” in this chapter. Acts 1901, ch. 78, § 2; Shan., § 3096a14; Code 1932, § 6919; Acts 1945, ch. 181, § 1; impl. am. Acts 1947, ch. 9, §§ 2-4, 9; mod. C. Supp. 1950, § 6919; T.C.A. (orig. ed.), § 63-601; Acts 1982, ch. 905, § 1; 1984, ch. 937, § 26; 1993, ch. 404, § 1; 1996, ch. 1043, § 1. Compiler's Notes. The regulatory board created by this section is attached to the division of health related boards in the department of health. See §§ 63-1-131 — 63-1-133 and 68-1-101 . The board of medical examiners, created by this section, terminates June 30, 2023. See §§ 4-29-112 , 4-29-244 . Cross-References. Abortion, title 39, ch. 15, part 2. Health maintenance organizations exempt from chapter, § 56-32-121 . Liability of professional societies, title 62, ch. 50, part 1. Prevention of HIV transmission, rulemaking authority, § 68-11-222 . Regulation of health and related facilities, title 68, ch. 11, part 2. State examining boards, general provisions, title 4, ch. 19. Law Reviews. Report on Administrative Law to the Tennessee Law Revision Commission, 20 Vand. L. Rev. 777. Uncovering the Silent Victims of the American Medical Liability System, 67 Vand. L. Rev. 151 (2014). United States v. Caronia: How True Does “Truthful” Have to Be?, 67 Vand. L. Rev. En Banc 157 (2014). Attorney General Opinions. Even though the Tennessee Medical Practice Act contains no express language authorizing the Board of Medical Examiners to regulate the facilities at which physicians practice, unless provided otherwise by law or Board regulation, individual physician practice requirements and standards apply to a physician's practice of medicine in any setting, including a medical clinic, OAG 04-128 (8/11/04).