The board may
suspend or revoke a license for:
Violation of federal or state statutes;
(b) Violation of the rules as set forth in
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
(e) Failure to renew
may consider all factors which it deems relevant, including but not limited to
the following when determining sanctions:
The degree of sanctions necessary to ensure immediate and continued
(b) The character and
degree of impact of the violation on the health, safety and welfare of the
patients in the facility;
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.
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;
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;
(d) How the corrective action
will be monitored to ensure that the deficient practice does not
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.
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
petitions for reconsiderations and stays in that case.
Tenn. Comp. R. &
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. §§
4-5-219, 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.