2010 Tennessee Code
Title 63 - Professions Of The Healing Arts
Chapter 1 - Division of Health Related Boards
Part 1 - General Provisions
63-1-120 - Grounds for license denial, suspension or revocation.

63-1-120. Grounds for license denial, suspension or revocation.

(a)  The division shall have the power, in addition to the powers provided to the boards for licensing the various branches of the healing arts in other chapters of this title, and it is its duty, to suspend for a specified time to be determined in the discretion of the division, or to revoke any license to practice the healing arts or any branch thereof in this state, whenever the licensee is found guilty of any of the following acts or offenses:

     (1)  Fraud in procuring a license;

     (2)  Immoral, unprofessional or dishonorable conduct;

     (3)  Habitual intoxication or addiction to, or personal misuse of, any drug;

     (4)  Conviction of a felony;

     (5)  Use of untruthful or misleading statements, or exaggerated or extravagant claims concerning such licensee's professional excellence or abilities;

     (6)  Willful violations of rules concerning the practice of the healing arts as defined in § 63-1-102, promulgated by the various boards of such healing arts to regulate advertising by practitioners of such healing arts;

     (7)  Distribution of intoxicating liquors or drugs for any other than lawful purposes;

     (8)  Willful or repeated violation of this chapter or the rules and regulations of the department of health governing the control of communicable diseases;

     (9)  Willful violation of federal or state drug laws;

     (10)  Unlawful invasion of the field of practice of any profession mentioned in this chapter that the licensee is not licensed to practice;

     (11)  Solicitation by agents or persons popularly known as “cappers” or “steerers,” of professional patronage or profiting by the acts of those representing themselves to be agents of the licensee;

     (12)  Division of fees or agreeing to split or divide the fees received for professional services with any person for bringing or referring a patient;

     (13)  The use of any letters, words, term or terms, either as a prefix, affix or suffix, on stationery, in advertisements or otherwise, indicating that such person is entitled to practice a system or mode of healing for which that person is not licensed;

     (14)  Performing, procuring or aiding and abetting in the performance of a criminal abortion;

     (15)  Willful betrayal of a professional secret;

     (16)  Making use of any advertising statements of a character tending to deceive or mislead the public;

     (17)  Advertising any free professional services or free examinations;

     (18)  Offering discounts or inducements to prospective patients by means of coupons or otherwise to perform professional services during any period of time for a lesser or more attractive price; or

     (19)  Continuing to practice after suspension or revocation of certificate of fitness by the appropriate examining board.

(b)  With respect to any person required to be licensed, permitted, certified, or authorized by any board, council, committee, or agency created pursuant to chapters 4, 5, 7, 9, 11 and 12 of this title, and to title 68, chapter 140, attached to the division of health related boards, such board, council, committee, or agency may deny an application for licensure, certification, permit, or authorization; permanently withhold issuance of licensure, certification, permit, or authorization; suspend, limit, or restrict previously issued licensure, certification, permit, or authorization; or otherwise discipline a holder of a license, certificate, permit, or authorization, if the applicant, licensee, or certificate or permit holder has been disciplined by another state of the United States for any acts or omissions that would constitute grounds for discipline of a person licensed, certified, permitted, or authorized in this state. A certified copy of the initial order, final order, or other equivalent document memorializing the disciplinary action from the disciplining state shall constitute prima facie evidence of a violation of this section, and shall be sufficient grounds upon which to deny, restrict, or condition the license, permit, or certificate renewal or application, and/or otherwise to discipline a licensee licensed in this state.

(c)  In disciplinary actions against individuals holding a license, certificate, permit, or authorization in this state at the time of a disciplinary action in another reporting state, in the absence of justifying evidence to the contrary, there shall be a rebuttable presumption that the sanction proposed in any such proceeding will be comparable to that in the reporting state. However, no such presumption shall exist for those who are applying for licensure, certification, permit, or authorization in this state during or after the time the disciplinary action in the other state is pending or has become final. If a board, council, committee, or agency created pursuant to chapters 4, 5, 7, 9, 11 and 12 of this title, or title 68, chapter 140, denies, restricts, or conditions a licensure, certification, permit, or authorization based on a disciplinary action in another state, the applicant shall, upon written request, filed within thirty (30) days of the date of the action on the application, be entitled to a contested case hearing.

[Acts 1947, ch. 9, § 11; mod. C. Supp. 1950, § 6907.11 (Williams, § 6917.28); Acts 1955, ch. 57, § 1; 1975, ch. 355, §§ 5, 6; 1980, ch. 605, § 1; T.C.A. (orig. ed.), § 63-123; Acts 1984, ch. 937, § 75; T.C.A., § 63-1-123; Acts 2001, ch. 286, §§ 1, 2.]