Tenn. Comp. R. & Regs. 1000-05-.06 - DISCIPLINARY ACTIONS AND CIVIL PENALTIES

(1) The Board has the power to discipline medication aides based on the grounds set forth in T.C.A. § 63-7-127 and may deny, revoke or suspend any certificate to practice as a medication aide, or otherwise discipline a certificate holder, including but not limited to the imposition of civil penalties as are specified below.

(2) Schedule of Civil Penalties

(a) A Type A Civil Penalty may be imposed whenever the Board finds a person who is required to be licensed, certified, permitted, or authorized by the Board, guilty of a violation of Tenn. Code Ann. § 63-7-127 or the regulations pursuant thereto, to such an extent that there is, or likely to be, an imminent, substantial threat to health, safety and welfare of an individual patient or the public. For the purpose of this section, practicing as an MA without a certification from the Board is one of the violations of the statute for which a Type A Civil Penalty is assessable.

(b) A Type B Civil Penalty may be imposed whenever the Board finds a person who is required to be licensed, certified, permitted, or authorized by the Board, guilty of a violation of Tenn. Code Ann. § 63-7-127 or the regulations pursuant thereto in such manner as to impact directly the care of patients of the public.

(c) A Type C Civil Penalty may be imposed whenever the Board finds a person who is required to be certified, permitted or authorized by the Board, guilty of a violation of Tenn. Code Ann. § 63-7-127 or the regulations pursuant thereto, which are neither directly detrimental to the patients or public, nor directly impact their care, but have only an indirect relationship to patient care or the public.

(3) Amount of Civil Penalties

(a) A Type A Civil Penalty may be assessed in an amount of not less than $500 or more than $1,000.

(b) A Type B Civil Penalty may be assessed in an amount of not less than $100 or more than $750.

(c) A Type C Civil Penalty may be assessed in an amount of not less than $50 or more than $500.

(4) In assessing the Civil Penalties pursuant to these rules the Board may consider the following factors:

(a) Whether the amount imposed will be a substantial economic deterrent to the violator;

(b) The circumstances leading to the violation;

(c) The severity of the violation and the risk of harm to the public;

(d) The economic benefits gained by the violator as a result of non-compliance;

(e) The interest of the public; and

(f) Willfulness of the violation.

Notes

Tenn. Comp. R. & Regs. 1000-05-.06

Original rule filed May 15, 2012; effective August 13, 2012. The Government Operations Committee filed a 60-day stay of the rule on July 13, 2012; new effective date October 12, 2012. Amendments filed September 11, 2017; effective 12/10/2017.

Authority: T.C.A. §§ 63-1-134, 63-7-127, and 63-7-207.