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; STANDARDS FOR HOME CARE ORGANIZATIONS PROVIDING CHAPTER 0720-28 HOSPICE SERVICES (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.