(a) The board shall have the power to:

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Terms Used In Tennessee Code 63-6-807

  • Board: means the board of medical examiners, created by §. See Tennessee Code 63-6-802
  • Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
  • Conviction: A judgement of guilt against a criminal defendant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fraud: Intentional deception resulting in injury to another.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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.
(1) Deny, restrict or condition a license;
(2) Permanently or temporarily withhold issuance of a license;
(3) Suspend, limit or restrict a previously issued license, for the time and in the manner that the board determines;
(4) Reprimand, suspend, revoke or take any other disciplinary action in relation to an applicant or license holder that the board, in its discretion, deems proper; or
(5) Permanently revoke a license.
(b) The grounds upon which the board shall exercise the powers in subsection (a) shall include, but are not limited to, circumstances in which the person:

(1) Is guilty of fraud or deceit in the procurement or holding of the license;
(2) Has been convicted of a felony in a court of competent jurisdiction, either within or outside of this state, unless the conviction has been reversed and the holder of the license was discharged or acquitted or if the holder has been pardoned with full restoration of civil rights, in which case the license shall be restored;
(3) Is or has been physically or mentally incapable of practicing at a level of competency that protects the public health, safety and welfare;
(4) Has knowingly aided and abetted a person who is not a license holder or is not otherwise authorized pursuant to this part to perform the duties of a license holder under this part;
(5) Has undertaken or engaged in any practice beyond the scope of practice stated in § 63-6-803;
(6) Has impersonated a license holder or former license holder or is under an assumed name performing the duties authorized to be performed only by a licensed person;
(7) Has been found guilty of a violation of the code of ethics as provided in § 63-6-805;
(8) Is or has been found guilty of incompetence or negligence in performance as a license holder;
(9) Has been found guilty of unethical conduct;
(10) Violates or attempts to violate, directly or indirectly, or assists or aids in the violation of, or conspires to violate, any provision of this part or any lawful order of the board issued pursuant to this part, or any of the rules or regulations promulgated pursuant to this part or any criminal statute of the state;
(11) Is habitually intoxicated or engages in personal misuse of any drugs or the use of intoxicating liquors, narcotics, controlled substances, controlled substance analogues or other drugs or stimulants in a manner that adversely affects the person’s ability to practice; or
(12) Has received disciplinary action from another state for any acts or omissions that would constitute grounds for discipline of a person licensed in this state. A certified copy of the initial or final order or other equivalent document memorializing the disciplinary action from the disciplining state shall constitute prima facie evidence of violation of this section and shall be sufficient grounds upon which to deny, restrict or condition licensure or renewal or to discipline a person licensed in this state.
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