Any licensee who has engaged in the practice of nursing home
administration in a facility reported by the Commissioner of the Department of
Health pursuant to T.C.A. §§
the year immediately preceding the reporting shall be subject to the following
(1) All administrators
shall be required to complete and document a Board approved questionnaire. Said
questionnaire shall be considered part of the information required for review
pertaining to the quality of care rendered at the administrator's facility
pursuant to T.C.A. §
The Board Consultant is authorized to
take the following actions regarding the administrators to be reviewed pursuant
to T.C.A. § 63-16-107(e). However, all final actions shall be submitted to
the full Board for approval.
(a) Review all
documents compiled by the agencies.
(b) Recommend that an "affirmative finding"
be made as to any administrator reviewed.
(c) Recommend that "no affirmative finding"
be made as to any administrator reviewed.
(d) Propose a course of action to be taken by
an administrator who receives a negative finding recommendation which, if
taken, would result in a recommendation of an "affirmative finding".
(e) Recommend disciplinary action be
instituted and any terms which would be acceptable to reach an informal or
negotiated settlement in lieu of a contested case.
(3) The Board shall review the Board
Consultant's recommendations for "affirmative findings" and, if approved, a
notice of the Board action shall be sent to the administrator
(4) The Board shall not
consider the Board Consultant's recommendations other than "affirmative
findings" until such time as all legal requirements or obligations are met as
to those recommendations which might result in a contested case hearing before
The Board Consultant
is authorized to do any of the following acts in an effort to resolve any of
the cases under review:
(a) Authorize the
issuance of an "affirmative finding" in those cases in which the administrator
has acted in a manner consistent with the policy statement of rule
(b) Make direct
contact with any administrator under review for purposes of issue clarification
after first notifying the administrator of the right to consult with an
(c) Recommend that an
administrator, for whom an "affirmative finding" could not be made, obtain
continuing or additional education or training in specific areas within a
specific amount of time in an effort to justify the issuance of an "affirmative
finding" or an Agreed Order thereby informally or otherwise settling the
matter. Any education completed under this subparagraph shall not be included
as part of the annual continuing education hours required by rule
all legal requirements and obligations being met and a recommendation from the
Board Consultant that an "affirmative finding" cannot be made, a notice of that
recommendation shall be sent to the administrator involved. He shall also be
notified of any and all rights available to him for review of that
recommendation before the Board.
(a) lf the
administrator does not pursue his review rights within thirty (30) days of
receipt of notice thereof the matter will be referred to the board for approval
of the recommendation at which time it shall become a final action of the
(b) lf an administrator
requests a hearing pursuant to subparagraph (6)(a) a Notice of Hearing shall be
issued alleging the facts and violations of the Nursing Home Administrator's
Practice Act and the fact that disciplinary actions may be taken when the
matter is addressed as a contested case hearing.
Administrators subject to review shall
not be allowed to renew their licenses until one of the following has occurred:
(a) An "affirmative finding" letter has been
authorized by the Board; or
requested contested case hearing is concluded subject to the provisions of
(8) Any administrator who by final
action of the Board has not been allowed to renew licensure pursuant to this
rule may not engage in the practice of nursing home administration at any time
until complying with all statutes and rules governing initial licensure. The
Board may consider the action taken under this rule in determining whether the
person is qualified for licensure.
Tenn. Comp. R. & Regs.
Original rule certified
June 7, 1974. Amendment filed May 22, 1979; effective July 6, 1979. Amendment
by Public Chapter 969; effective July 1, 1984. Amendment filed October 22,
1987; effective December 6, 1987. Amendment filed January 4, 1989; effective
February 18, 1989. Amendment filed July 19, 1990; effective September 2, 1990.
Amendment filed February 21, 1991; effective April 7, 1991. Repeal and new rule
filed December 17, 1991; effective January 31, 1992. Repeal and new rule filed
December 14, 1999; effective February 27,
Authority: T.C.A. §§
4-5-204, 63-16-103, 63-16-103(4),
63-16-103(5), 63-16-103(8), 63-16-107, and 63-16-107(e).