§ 63-22-110 — Denial, withholding, restricting or revoking licensure or certification - Disciplinary actions - Unprofessional conduct

(a) The board has the power to: (1) Deny an application for a license to any applicant who applies for the same through reciprocity or otherwise; (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 license or certificate holder 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 such power includes, but is not limited to, the following: (1) Conviction of a felony; (2) Using fraud or deception in applying for a license or certificate or in taking an examination required by this part; (3) Violating the rules and regulations adopted by the board, except that a violation of A.11.b of the 2014 American Counseling Association Code of Ethics, or any similar or successor provision, shall not be grounds upon which the board shall exercise its powers pursuant to subsection (a); provided, however, that a violation of A.11.b shall be a ground for the board to exercise these powers in cases involving an individual seeking or undergoing counseling where the individual was in imminent danger of harming themselves or others; or (4) Engaging in professional misconduct, unethical or unprofessional conduct, including, but not limited to, willful acts, negligence and conduct likely to deceive, defraud or harm the public or engaged in such conduct. (c) The board has the power to: (1) Deny an application for a license to any marital and family therapist applicant who applies for the same through reciprocity or otherwise where the applicant does not meet the standards in this part; (2) Permanently or temporarily withhold issuance of a marital and family therapist license where the applicant does not meet the standards in this part; (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 license holder or certificate holder as the board in its discretion may deem proper; or (5) Permanently revoke a license or certificate. (d) 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 36, eff. 7/1/2018. Amended by 2016 Tenn. Acts, ch. 926, s 2, eff. 4/27/2016. Acts 1984, ch. 933, § 11; 1991, ch. 141, §§ 11, 12; 1991, ch. 421, § 16.