§ 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:

   1. Misrepresentation in connection with an applicant for certification or an investigation by the committee;
   2. Attempting to collect fees for services that were not performed;
   3. False advertising, including guaranteeing that a cure will result from an acupuncture treatment; or
   4. 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:

   1. Delegating professional responsibilities to a person the acupuncturist knows or should know is not qualified to perform; or
   2. Failing to exercise proper control over uncertified personnel working with the practice;
3. Fails to maintain records in a proper manner by:

   1. Failing to keep written records describing the course of treatment for each patient;
   2. Refusing to provide a patient, upon request, records that have been prepared for or paid for by the patient; or
   3. 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.