Current through Acts 2023-2024, ch. 1069
Section 63-11-612 - Grounds for denial, restriction, or suspension of certificate(a) The advisory committee may deny a person's application for a certificate, restrict, suspend, or revoke an existing certificate, or take other action that the advisory committee deems proper.(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 certificate 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, a criminal statute of this state, a provision of this part, a rule promulgated by the advisory committee, or a 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) A physical or mental condition that currently impairs a certified professional music therapist's competent professional performance or that poses a substantial risk to the recipient of music therapy services;(B) Professional conduct that constitutes an extreme and unjustified deviation from the customary standard of practice accepted in the professional practice of music 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, music work, and artistic expressions; and(4) Any other action deemed to be grounds for disciplinary action under rules promulgated by the advisory committee.(c) All proceedings for disciplinary action against a certified professional music therapist under this part must be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.Added by 2024 Tenn. Acts, ch. 1010,s 2, eff. 1/1/2025.