§ 63-11-215 — Denial, restriction, suspension or revocation of license or certificate - Disciplinary action

(a) The board has the power to: (1) Deny an application for a license or certificate to any applicant; (2) Permanently or temporarily withhold issuance of a license or certificate; (3) Suspend, limit or restrict a previously issued license or certificate for such time and in such manner as the board may determine; (4) Reprimand or take such action in relation to disciplining an applicant or licensee or certified person as the board in its discretion may deem proper; or (5) Permanently revoke a license or certificate. (b) The grounds upon which the board shall exercise the powers enumerated in subsection (a) include, but are not limited to: (1) Unprofessional, dishonorable or unethical conduct; (2) Violation or attempted violation, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this chapter or any lawful order of the board issued pursuant thereto, or any criminal statute of the state; (3) Making false statements or representations, being guilty of fraud or deceit in obtaining admission to practice or being guilty of fraud or deceit in the course of professional practice; (4) Gross health care liability or a pattern of continued or repeated health care liability, ignorance, negligence or incompetence in the course of practice; (5) Habitual intoxication or personal misuse of any drugs or the use of intoxicating liquors, narcotics, controlled substances, controlled substance analogues or other drugs or stimulants in such manner as to adversely affect the person's ability to practice the person's profession; (6) Willfully betraying a professional secret; (7) The advertising of psychological practice in which untrue or misleading statements are made or causing the publication or circulation of fraudulent advertising relative to any disease, human ailment or condition; (8) Willful violation of the rules and regulations that may be promulgated by the board to regulate advertising by practitioners who are under the jurisdiction of such board; (9) Conviction of a felony, conviction of any offense under state or federal drug laws or conviction of any offense involving moral turpitude; (10) Making or signing in one's professional capacity any certificate that is known to be false at the time one makes or signs such certificate; (11) Offering, undertaking or agreeing to cure or treat a disease, injury, ailment or infirmity by a secret means, method, device or instrumentality; (12) Giving, receiving or aiding or abetting in the giving or receiving of rebates, either directly or indirectly; (13) Engaging in practice under a false or assumed name or the impersonation of another practitioner of a like, similar or different name; (14) Engaging in practice when mentally or physically unable to safely do so; (15) Violation of chapter 6 of this title; and (16) Practice of a level of psychology inappropriate or beyond the scope of the particular license or licenses or certification held by the licensee or certified person. (c) An action taken under this section shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 1, part 1 of this title.

Legislative History

Amended by 2018 Tenn. Acts, ch. 745, s 27, eff. 7/1/2018. Acts 1953, ch. 169, § 12 (Williams, § 7082.12); Acts 1955, ch. 56, § 1; 1979, ch. 201, § 1; T.C.A. (orig. ed.), § 63-1119; Acts 1985, ch. 120, § 12; 2001, ch. 123, §§ 23 - 28; 2012 , ch. 798, § 45; 2012 , ch. 848, § 75.