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 birthing
(d) Conduct or practice
found by the board to be detrimental to the health, safety, or welfare of the
patients of the facility; and
Failure to renew license.
The board may consider all factors which
it deems relevant, including but not limited to the following, when determining
(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 patient in the
(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 birthing center's license.
When a birthing center 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 statement of deficiencies the facility must return a plan of
correction indicating the following:
the deficiency will be corrected;
(b) The date upon which each deficiency will
(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
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
birthing center'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
Administrative 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.