2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 3 - PODIATRISTS (§§ 63-3-101 — 63-3-214) › Part 2 - TENNESSEE ORTHOTICS, PROSTHETICS, AND PEDORTHICS PRACTICE ACT OF 2005 (§§ 63-3-201 — 63-3-214) › Section 63-3-204 - Powers of the board

(a)
The board shall have the power to:
(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 such time and in such manner as the board may determine;
(4)
Reprimand, suspend, revoke or take such other disciplinary action in relation to an applicant or license holder as the board, in its discretion, may deem proper; or
(5)
Permanently revoke a license.
(b)
The grounds upon which the board shall exercise such power 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 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 afflicted with any medical problem, disability or addiction that, in the opinion of the board, would impair professional competence;
(4)
Has knowingly aided and abetted a person who is not a license holder or is not otherwise authorized pursuant to this chapter to perform the duties of a license holder under this chapter;
(5)
Has undertaken or engaged in any practice beyond the scope of duties permitted a license holder under this chapter;
(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 violations of a code of ethics, which the board shall establish by regulation;
(8)
Is or has been found guilty of incompetence or negligence in performance as a license holder;
(9)
Acts in a manner unprofessional, dishonorable or unethical or has been found guilty of unprofessional, dishonorable or 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 chapter or any lawful order of the board issued pursuant to this chapter or any of the rules or regulations promulgated pursuant to this chapter, 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 such manner as to adversely affect the person's ability to practice; or
(12)
Has received disciplinary action from another state or territory of the United States that has licensed or certified the person to practice in that 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 or territory, 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.
(c)
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.
Amended by 2018 Tenn. Acts, ch. 745,s 23, eff. 7/1/2018.
Acts 2005, ch. 380, § 1; 2012, ch. 848, § 67.