§ 63-31-109 — Power of board to impose sanctions

(a) The board has the power to impose any sanctions on a licensee, up to and including license revocation, if the licensee is found guilty of violating any of the provisions of this chapter or of committing any of the following acts or offenses: (1) Making false or misleading statements or committing fraud in procuring a license; (2) Moral turpitude; (3) Habitual intoxication or personal misuse of narcotics, controlled substances, controlled substance analogues or any other drugs or the use of alcoholic beverages or stimulants in a manner that adversely affects the person's ability to practice polysomnography; (4) Conviction of a felony or of any offense involving moral turpitude or any violation of the drug laws of this or any other state or of the United States; (5) Violation or attempted violation, directly or indirectly, assisting in or abetting the violation of, or conspiring to violate, this chapter or any lawful order of the board or any criminal statute of this state; (6) Gross health care liability, ignorance, negligence or incompetence in the course of professional practice; (7) Making or signing in one's professional capacity any document that is known to be false at the time it is made or signed; (8) Engaging in the practice of polysomnography when mentally or physically unable to safely do so; (9) Making false statements or representations or being guilty of fraud or deceit in the practice of polysomnography when mentally or physically unable to safely do so; (10) Having disciplinary action imposed by another state or territory of the United States for any acts or omissions that would constitute grounds for discipline of a person licensed to practice polysomnography in this state; provided, that a certified copy of the order or other document memorializing the disciplinary action by the other state or territory constitutes prima facie evidence of a violation of this section; (11) Undertaking any duties that are outside the authorized scope of practice of a licensed polysomnographic technologist, as set forth in this chapter; (12) Violating the code of ethics adopted by the committee for polysomnographic technologists; (13) Use or attempted use of a polysomnographic procedure or equipment for which the licensee has not received sufficient education or training in the proper use of that procedure or equipment; (14) Promoting the sale of services, drugs, devices, appliances, or goods to a patient to exploit the patient for financial gain; (15) Willfully failing to file, or willfully impeding the filing of, any report or record that is required by law; (16) Knowingly engaging in the practice of polysomnography with an unlicensed person, knowingly aiding an unlicensed person in the practice of polysomnography, or knowingly delegating a task involved in the practice of polysomnography to an unlicensed person; (17) Knowingly failing to meet appropriate standards for the delivery of polysomnographic services; (18) Breaching patient confidentiality; (19) Paying or agreeing to pay any sum or providing any form of remuneration or material benefit to any person for bringing or referring a patient, or accepting or agreeing to accept any form of remuneration or material benefit from a person for bringing or referring a patient; or (20) Any other unprofessional or unethical conduct specified in the rules of the board. (b) 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 45, eff. 7/1/2018. Acts 2007 , ch. 469, §1; 2012 , ch. 798, §51; 2012 , ch. 848, § 84.