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 agency or the
(d) Conduct or
practice found by the Board to be detrimental to the health, safety, or welfare
of the patients of the agency; or
(e) Failure to renew the license.
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 patient of the
(c) The conduct of the
agency in taking all feasible steps or procedures necessary or appropriate to
comply or correct the violation; and
(d) Any prior violations by the agency of
statutes, rules 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 an agency's license.
When an agency is found by the Department
to have committed a violation of this chapter, the Department will issue to the
agency a statement of deficiencies. Within ten (10) days of receipt of the
statement of deficiencies the agency 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
agency'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.
(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 1360-4-1-.18
regarding petitions for reconsiderations and stays in that case.