Section 0720-39-.06 - REQUESTS FOR REMOVAL FROM THE REGISTRY(1) A petitioner seeking removal from the Registry must request removal in writing. Requests for removal may be submitted to the Office of Health Care Facilities.(2) In cases involving a request for removal from an individual placed by another state government agency, the Department shall forward the request for removal to the agency that initially referred the individual for placement on the Registry.(3) A state government agency that has referred a person for placement on the Registry may recommend to the Department the removal of the person's name if:(a) The agency determines that the placement of the person's name on the registry was in error; or(b) An advisory group, convened by such state agency, composed of persons with experience in the subject matter areas of the agency's work, or who by experience or education the agency determines are qualified to provide recommendations to the agency regarding a person's likelihood of committing further acts or omissions that led to the person's placement on the Registry determines, based upon evidence presented to the group, that removal of the person from the Registry is clearly warranted.(4) The advisory group may require the petitioner seeking removal to provide documentation supporting removal from the Registry, including, but not limited to:(a) Tennessee Open Records Information Services (TORIS) background check conducted by the Tennessee Bureau of Investigation.(b) Employment history from the time the petitioner was placed on the Registry;(c) Statement from the petitioner regarding the circumstances of their placement on the Registry;(d) Letters of reference;(e) Information regarding petitioner's rehabilitative efforts after the circumstances leading to the placement, including but not limited to, continuing education; anger management; and with proper authorizations, evidence of therapy and/or alcohol and drug rehabilitation information.(5) The final decision regarding the recommendation for removal from the Registry shall be made by the state government agency. The recommendation shall be reduced to writing, giving the agency's reasons for the decision and mailed to the petitioner seeking removal. The state government agency shall provide a copy of the final decision to the Department.(6) If the decision is to remove the person from the Registry, the recommendation shall be sent to the Department and the person's name shall be removed by the Department.(7) If the petitioner seeking removal is dissatisfied with the determination made by the state government agency, the person shall be permitted to appeal. The appeal shall be conducted(8) The decision and the written recommendations of the advisory group and the state government agency shall be open for public inspection, after redactions are made to comply with applicable confidentiality law.(9) A certified nurse aide's name may only be removed from the Registry when the following circumstances have been met:(a) The individual was placed on the Registry on the basis of one (1) instance of neglect;(b) The employment and personal history of the nurse aide do not reflect a pattern of abusive behavior or neglect; and(c) At least one calendar year has expired from the date of placement on the Registry.Tenn. Comp. R. & Regs. 0720-39-.06
Original rules filed September 28, 2016; effective December 27, 2016. Transferred from chapter 1200-08-38 pursuant to Public Chapter 1119 of 2022 effective 7/1/2022.Authority: T.C.A. §§ 68-11-1003(g) and 42 U.S.C.A. § 1396r.