§ 63-6-1007 — Disciplinary action

The board, in consultation with the committee, may deny, suspend or revoke certification, require remedial education or issue a letter of reprimand, if an applicant or certified acupuncturist: (1) Engages in false or fraudulent conduct that demonstrates an unfitness to practice acupuncture, including: (A) Misrepresentation in connection with an applicant for certification or an investigation by the committee; (B) Attempting to collect fees for services that were not performed; (C) False advertising, including guaranteeing that a cure will result from an acupuncture treatment; or (D) Dividing or agreeing to divide a fee with anyone for referring the patient for acupuncture; (2) Fails to exercise proper control over one's practice by: (A) Delegating professional responsibilities to a person the acupuncturist knows or should know is not qualified to perform; or (B) Failing to exercise proper control over uncertified personnel working with the practice; (3) Fails to maintain records in a proper manner by: (A) Failing to keep written records describing the course of treatment for each patient; (B) Refusing to provide a patient, upon request, records that have been prepared for or paid for by the patient; or (C) Revealing personally identifiable information about a patient, without consent, unless otherwise authorized by law; (4) Fails to exercise proper care of a patient, including the exercising or attempting to exercise undue influence in the acupuncturist-patient relationship by making sexual advances or requests for sexual activity or making submission to such conduct a condition of treatment; (5) Displays substance abuse or mental impairment to such a degree as to interfere with the ability to provide safe and effective treatment; (6) Is convicted of or pleads guilty or no contest to any crime that demonstrates an unfitness to practice acupuncture; (7) Negligently fails to practice acupuncture with the level of skill recognized within the profession as acceptable under such circumstances; (8) Willfully violates any provision of this part or rule of the commission; or (9) Has had a certificate or license denied, suspended or revoked in another jurisdiction for any reason that would be grounds for such action in Tennessee.

Legislative History

Acts 2000, ch. 685, § 9.