Board of Medical Examiners Can Take Disciplinary Action Against a Physician For A Wide-Range Of Conduct
Knoxville Academy of Medicine Bulletin – April 2009
By Jamie Ballinger-Holden

For many years, physicians have seen medical malpractice lawsuits as a key threat to their practices.  Liability reform continues to be atop the Tennessee Medical Association’s legislative agenda.  While the threat of a lawsuit is troublesome enough, a physician may also potentially face disciplinary action from the state.

Under Tennessee law, the Board of Medical Examiners is responsible for licensing and regulating all physicians in Tennessee. The Board receives administrative support from the Division of Health Related Boards of the Tennessee Department of Health. The Division shares jurisdiction with the Board and is charged with investigating complaints against physicians.

Upon the filing of a complaint against a physician, the Board may open an investigation. If it is determined the claim is meritorious, a formal action is initiated in which the Board decides what disciplinary action should be taken against the physician.  A physician can and should always enlist the assistance of counsel in dealing with an investigation by the Board.

Under Tennessee law, the Board can take disciplinary action against a physician for any conduct falling with the parameters of T.C.A. § 63-6-214(b)(1)-(22), such as unprofessional, dishonorable or unethical conduct, fraud and deceit, gross malpractice, advertising that uses misleading statements, and conviction of a felony. 

Ultimately, the Board has discretion to decide which type of disciplinary action is appropriate and may impose any of the following sanctions:

• Private censure
• Public censure or reprimand
• Probation
• Licensure suspension
• Revocation with leave to reapply
• Permanent licensure revocation

In addition, the Board may impose certain conditions on disciplined physicians during the period of their probation, suspension, or revocation, or as a prerequisite to full reinstatement. The Board may also assess a civil monetary penalty up to $1,000 per statute and/or rule violation. 

Disclaimer: The information contained herein is strictly informational; it is not to be construed as legal advice.