Section 0720-28-.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 as set forth in this chapter;(c) Permitting, aiding or abetting the commission of any illegal act in the agency;(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.(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 patient in the agency;(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) 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;(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.(4) 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 agency's 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. 0720-28-.03
Original rule filed April 25, 1996; effective July 9, 1996. Repeal and new rule filed April 17, 2000; effective July 1, 2000. Amendment filed March 1, 2007; effective May 15, 2007. Transferred from chapter 1200-08-27 pursuant to Public Chapter 1119 of 2022 effective7/1/2022.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, and 68-11-206 through 68-11-209.