Section 0720-23-.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 residential hospice;(d) Conduct or practice found by the board to be detrimental to the health, safety, or welfare of the patients or residents of the residential hospice; 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 patients in the residential hospice;(c) The conduct of the residential hospice in taking all feasible steps or procedures necessary or appropriate to comply or correct the violation; and,(d) Any prior violations by the residential hospice 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 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 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'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. 0720-23-.03
Original rule filed August 18, 1995; effective November 1, 1995. Repeal and new rule filed April 27, 2000; effective July 11, 2000. Amendment filed March 1, 2007; effective May 15, 2007. Transferred from chapter 1200-08-15 pursuant to Public Chapter 1119 of 2022 effective 7/1/2022.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.