Tenn. Comp. R. & Regs. 1200-08-01-.03 - DISCIPLINARY PROCEDURES

(1) The board may suspend or revoke a license for:
(a) Violation of federal or state statutes;
(b) Violation of the rules as set forth in this chapter;
(c) Permitting, aiding or abetting the commission of any illegal act in the hospital;
(d) Conduct or practice found by the board to be detrimental to the health, safety, or welfare of the patients of the hospital; and
(e) Failure to renew license.
(2) The board may consider all factors which it deems relevant, including but not limited to the following when determining sanctions:
(a) The degree of sanctions necessary to ensure immediate and continued compliance;
(b) The character and degree of impact of the violation on the health, safety and welfare of the patients in the facility;
(c) The conduct of the facility in taking all feasible steps or procedures necessary or appropriate to comply or correct the violation; and
(d) Any prior violations by the facility of statutes, regulations or orders of the board.
(3) Inappropriate transfers are prohibited and violation of the transfer provisions shall be deemed sufficient grounds to suspend or revoke a hospital's license.
(4) When a hospital is found by the department to have committed a violation of this chapter, the department will issue to the facility a statement of deficiencies. Within ten (10) days of the receipt of the deficiencies, the hospital must return a plan of correction indicating the following:
(a) How the deficiency will be corrected;
(b) The date upon which each deficiency will be corrected;
(c) What measures or systemic changes will be put in place to ensure that the deficient practice does not recur; and
(d) How the corrective action will be monitored to ensure that the deficient practice does not recur.
(5) Either failure to submit a plan of correction in a timely manner or a finding by the department that the plan of correction is unacceptable shall subject the hospital's license to possible disciplinary action.
(6) Any licensee or applicant for a license, aggrieved by a decision or action of the department or board, pursuant to this chapter, may request a hearing before the board. The proceedings and judicial review of the board's decision shall be in accordance with the Uniform Procedures Act, T.C.A. § 4-5-101, et seq.
(7) Reconsideration and Stays. The Board authorizes the member who chaired the Board for a contested case to be the agency member to make the decisions authorized pursuant to rule 1360-04-01-.18 regarding petitions for reconsiderations and stays in that case.

Notes

Tenn. Comp. R. & Regs. 1200-08-01-.03
Original rule certified June 7, 1974. Amendment filed April 3, 1974; effective May 3, 1974. The following is a copy of T.C.A. §53-1317: Amendment filed February 26, 1985; effective March 28, 1985. Repeal and new rule filed May 22, 1986; effective June 21, 1986. Amendment filed December 30, 1986; effective February 13, 1987. Repeal and new rule filed March 18, 2000; effective May 30, 2000. Amendment filed March 1, 2007; effective May 15, 2007.

Authority: T.C.A. §§ 4-5-202, 4-5-204, 4-5-219, 4-5-312, 4-5-316, 4-5-317, 68-11-202, 68-11-204, 68-11-206, 68-11-208, 68-11-209, and 68-11-216.

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