Rules & Regulations of the State of Tennessee
Title 1000 - Nursing
Chapter 1000-05 - Medication Aides
Section 1000-05-.06 - DISCIPLINARY ACTIONS AND CIVIL PENALTIES
Universal Citation: TN Comp Rules and Regs 1000-05-.06
Current through September 24, 2024
(1) The Board has the power to discipline medication aides based on the grounds set forth in T.C.A. § 63-7-127 and may deny, revoke or suspend any certificate to practice as a medication aide, or otherwise discipline a certificate holder, including but not limited to the imposition of civil penalties as are specified below.
(2) Schedule of Civil Penalties
(a) A Type A Civil Penalty may be imposed
whenever the Board finds a person who is required to be licensed, certified,
permitted, or authorized by the Board, guilty of a violation of Tenn. Code Ann.
§
63-7-127 or the regulations
pursuant thereto, to such an extent that there is, or likely to be, an
imminent, substantial threat to health, safety and welfare of an individual
patient or the public. For the purpose of this section, practicing as an MA
without a certification from the Board is one of the violations of the statute
for which a Type A Civil Penalty is assessable.
(b) A Type B Civil Penalty may be imposed
whenever the Board finds a person who is required to be licensed, certified,
permitted, or authorized by the Board, guilty of a violation of Tenn. Code Ann.
§
63-7-127 or the regulations
pursuant thereto in such manner as to impact directly the care of patients of
the public.
(c) A Type C Civil
Penalty may be imposed whenever the Board finds a person who is required to be
certified, permitted or authorized by the Board, guilty of a violation of Tenn.
Code Ann. §
63-7-127 or the regulations
pursuant thereto, which are neither directly detrimental to the patients or
public, nor directly impact their care, but have only an indirect relationship
to patient care or the public.
(3) Amount of Civil Penalties
(a) A Type A Civil Penalty may be assessed in
an amount of not less than $500 or more than $1,000.
(b) A Type B Civil Penalty may be assessed in
an amount of not less than $100 or more than $750.
(c) A Type C Civil Penalty may be assessed in
an amount of not less than $50 or more than $500.
(4) In assessing the Civil Penalties pursuant to these rules the Board may consider the following factors:
(a) Whether the amount imposed will be a
substantial economic deterrent to the violator;
(b) The circumstances leading to the
violation;
(c) The severity of the
violation and the risk of harm to the public;
(d) The economic benefits gained by the
violator as a result of non-compliance;
(e) The interest of the public; and
(f) Willfulness of the violation.
Authority: T.C.A. §§ 63-1-134, 63-7-127, and 63-7-207.
Disclaimer: These regulations may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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