Rules & Regulations of the State of Tennessee
Title 0720 - Health Facilities Commission
Chapter 0720-46 - Standards for Temporary Healthcare Staffing Agencies
Section 0720-46-.08 - PENALTIES

1. A Type A civil penalty may be imposed whenever the Commission finds the person who is required to be registered by the Commission is guilty of a willful and knowing violation of the Temporary Healthcare Staffing Registry Act, or regulations promulgated pursuant thereto, to such an extent that there is, or is likely to be an imminent substantial threat to the health, safety, and welfare of the public. For purposes of this section, a Type A penalty shall include, but not be limited to, a person who willfully and knowingly operates a staffing registry without registration from the Commission.

2. A Type B civil penalty may be imposed whenever the Commission finds the person required to be registered by the Commission is guilty of a violation of the Temporary Healthcare Staffing Registry Act or regulations promulgated pursuant thereto in such manner as to impact directly on the care of patients received in a licensed healthcare facility or the public.

3. A Type C civil penalty may be imposed whenever the Commission finds the person required to be registered by the Commission is guilty of a violation of the Temporary Healthcare Staffing Agency Registry or regulations promulgated thereto, which are neither directly detrimental to clients or the public, nor directly impact their care, but have only an indirect relationship to client care or the public.

1. Type A civil penalties shall be assessed in the amount of not less than $1000 nor more than $5,000.

2. Type B civil penalties may be assessed in the amount of not less than $500 and not more than $1000.

3. Type C civil penalties may be assessed in the amount of not less than $100 and not more than $500.

1. The Commission's staff may initiate a civil penalty assessment by filing a Memorandum of Assessment of Civil Penalty. The Commission's staff shall state in the memorandum the facts and law upon which it relies in alleging a violation, the proposed amount of the civil penalty and the basis for such penalty. The Commission's staff may incorporate the Memorandum of Assessment of Civil Penalty with a Notice of Charges which may be issued attendant thereto.

2. Civil penalties may also be initiated and assessed by the Commission during consideration of any Notice of Charges. In addition, the Commission may, upon good cause shown, assess a type and amount of civil penalty which was not recommended by the Commission's staff.

3. In assessing the civil penalties pursuant to these rules the Commission may consider the following factors:

4. All proceedings for the assessment of civil penalties shall be governed by the contested case provisions of T.C.A. Title 4, Chapter 5 and shall be heard by an Administrative Law Judge sitting alone.