(a) The advisory committee may deny a person‘s application for a license, restrict, suspend, or revoke an existing license, or take other action that the advisory committee deems proper.

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Terms Used In Tennessee Code 63-11-411

  • Advisory committee: means the professional art therapist advisory committee of the board of examiners in psychology, created by §. See Tennessee Code 63-11-402
  • Art therapy: means the integrated application of psychotherapeutic principles and methods with specialized training in visual art media, the neurobiological implications of art-making and the creative process, and art-based assessment models to assist individuals, families, or groups to improve mental functioning, increase self-awareness and self-esteem, resolve conflicts and distress, and enhance social functioning. See Tennessee Code 63-11-402
  • Fraud: Intentional deception resulting in injury to another.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Statute: A law passed by a legislature.
(b) The grounds upon which the advisory committee may exercise the powers enumerated in subsection (a) include, but are not limited to:

(1) Obtaining or attempting to obtain a license by making a false or misleading statement, failing to make a required statement, or engaging in fraud or deceit in any communication to the advisory committee;
(2) Violation or attempted violation, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any criminal statute of this state, any provision of this chapter, a rule promulgated by the advisory committee, or any lawful order of the advisory committee issued pursuant to rules;
(3) Gross or repeated negligence, incompetence, misconduct, or malpractice in professional work including, but not limited to:

(A) Any physical or mental condition that currently impairs a licensee’s competent professional performance or that poses a substantial risk to the recipient of art therapy services;
(B) Professional conduct that constitutes an extreme and unjustified deviation from the customary standard of practice accepted in the professional practice of art therapy;
(C) Abandonment of a service recipient resulting in the termination of imminently needed care without adequate notice or provision for transition;
(D) Professional recordkeeping or data collection that constitutes an extreme and unjustified deviation from the customary standard of practice for the field, or deceptively altering a service recipient’s records or data; and
(E) Unauthorized disclosure of confidential client information, including, but not limited to, client records, art work, and artistic expressions; and
(4) Any other action deemed to be grounds for disciplinary action under § 63-11-215.
(c) All proceedings for disciplinary action against a licensee under this part must be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.