(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.
(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.
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, 68-11- 206, 68-11-208, 68-11-209, and 68-11-216. Administrative History: Original rule certified June 7, 1974. Amendment filed April 3, 1974; effective May 3, 1974. Amendment filed February 26, 1985; effective March 28, 1985. Repeal and new rule filed May 22, 1986; effective June 21, 1986. Amendment filed December 30, 1986; effective February 13, 1987. Repeal and new rule filed March 18, 2000; effective May 30, 2000. Amendment filed March 1, 2007; effective May 15, 2007. Transferred from chapter 1200- 08-01 pursuant to Public Chapter 1119 of 2022 effective July 1, 2022. Amendments filed January 8, 2026; effective April 8, 2026.