Tenn. Comp. R. & Regs. 1200-08-28-.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 set forth in this chapter;
(c) Permitting, aiding or abetting the commission of any illegal act in the HIV supportive living facility;
(d) Conduct or practice found by the board to be detrimental to the health, safety, or welfare of the residents of the HIV supportive living facility; or
(e) Failure to renew the 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 residents in the HIV supportive living facility;
(c) The conduct of the HIV supportive living facility in taking all feasible steps or procedures necessary or appropriate to comply or correct the violation; and,
(d) Any prior violations by the HIV supportive living facility of statutes, regulations or orders of the board.
(3) When a facility 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:
(a) How the deficiency will be corrected;
(b) The date upon which each deficiency will be corrected;
(c) What measures or systematic 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.
(4) Either the 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 facility license to possible disciplinary action.
(5) 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.
(6) 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.


Tenn. Comp. R. & Regs. 1200-08-28-.03
Original rule filed July 27, 2000; effective October 10, 2000. Amendment filed March 1, 2007; effective May, 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, 68-11-207, 68-11-208, and 68-11-209.

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