Disciplinary Procedures

(1) The Commission 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 hospital; (d) Conduct or practice found by the Commission to be detrimental to the health, safety, or welfare of the patients of the hospital; and (e) Failure to renew license. STANDARDS FOR HOSPITALS CHAPTER 0720-14 (2) The Commission 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 facility; (c) The conduct of the facility in taking all feasible steps or procedures necessary or appropriate to comply or correct the violation; and (d) Any prior violations by the facility of statutes, regulations or orders of the Commission. (3) Inappropriate transfers are prohibited and violation of the transfer provisions shall be deemed sufficient grounds to suspend or revoke a hospital’s license. (4) When a hospital is found by the Commission to have committed a violation of this chapter, the Commission will issue to the facility a statement of deficiencies. Within ten (10) calendar days of the receipt of the deficiencies, the hospital 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. (5) Either failure to submit a plan of correction in a timely manner or a finding by the Commission that the plan of correction is unacceptable shall subject the hospital’s license to possible disciplinary action. (6) Any licensee or applicant for a license, aggrieved by a decision or action of the Commission, pursuant to this chapter, may request a hearing before the Commission. The proceedings and judicial review of the Commission’s decision shall be in accordance with the Uniform Procedures Act, T.C.A. §§ 4-5-101, et seq. (7) Reconsideration and Stays. The Commission authorizes the member who chaired the Commission for a contested case to be the Commission member to make the decisions authorized pursuant to Rule 1360-04-01-.18 regarding petitions for reconsideration and stays in that case.