§ 63-23-108 — Denial, suspension or revocation of licenses

(a) The board has the power, which is its duty, to deny, suspend or revoke any license, or to otherwise discipline, an applicant or holder of a license who is found guilty by the board of one (1) or more of the following: (1) Willful or repeated violation of any provisions of this chapter or any rules of the board; (2) Fraud or deceit in procuring or attempting to procure a license, presenting to the board dishonest or fraudulent evidence of qualification, or fraud or deception in the process of examination for the purpose of securing a license; (3) Willful failure to display a license; (4) Fraud, deception, misrepresentation, dishonest or illegal practices in or connected with the practice of social work; (5) Circulating knowingly untrue, fraudulent, misleading or deceptive advertising; (6) Gross health care liability, or a pattern of continued or repeated health care liability, ignorance, negligence or incompetence in the course of practice; (7) Unprofessional or unethical conduct, or engaging in practices in connection with the practice of social work that are in violation of the standards of professional conduct, as defined in this section or prescribed by the rules of the board; (8) Incapacity or impairment that prevents a licensee from engaging in the practice of social work with reasonable skill, competence, and safety to the public; (9) Conduct reflecting unfavorably upon the profession of social work; (10) Willful making of any false statement as to material in any oath or affidavit that is required by this chapter; (11) Revocation by another state of a license or certificate to practice in that state in which case the record of the revocation shall be conclusive evidence; (12) Conviction of a felony under federal or state law involving use, misuse, possession or sale of any controlled substance or controlled substance analogue; (13) Conviction of a felony in the courts of this state or any other state, territory or country that, if committed in this state, would be a felony: (A) The record of conviction in a court of competent jurisdiction is sufficient evidence for disciplinary action to be taken as may be considered proper by the board. For the purpose of this chapter, a conviction is considered to be a conviction that has been upheld by the highest appellate court having jurisdiction, or a conviction upon which the time for filing an appeal has passed; and (B) A record of conviction upon charges that involve unlawful practice. Based upon the record of conviction, without any other testimony, the board may take temporary disciplinary action even though an appeal for review by a higher court may be pending; (14) Permitting or allowing another to use the license for the purpose of treating or offering to treat patients; (15) Engaging in practice under a false or assumed name, or the impersonation of another practitioner of a like, similar or different name; (16) Employing or permitting any person who does not hold a license to practice social work in this state to perform work that, under this chapter, can lawfully be done only by persons holding the license and permitted by law to practice social work in this state; or (17) Addiction to the habitual use of intoxicating liquors, narcotics or other stimulants to such an extent as to incapacitate the applicant or holder from the performance of the applicant's or holder's professional obligations and duties. (b) The board may on its own motion cause to be investigated any report indicating that a license holder is or may be in violation of this chapter. Any person who in good faith reports to the board any information that a license holder is or may be in violation of this chapter is not subject to suit for civil damages as a result of the good faith report. (c) All administrative proceedings for disciplinary action against a licensee undertaken pursuant to this chapter shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (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 37, eff. 7/1/2018. Acts 1984, ch. 1003, § 1; T.C.A. §63-23-106; Acts 2008 , ch. 1016, §1; 2012 , ch. 798, §47; 2012 , ch. 848, § 80.