(a) If a person violates § 33-2-1301, the commissioner shall assess a civil penalty of one thousand five hundred dollars ($1,500) per incident against the person for each violation.
Terms Used In Tennessee Code 33-2-1302
Commissioner: means the commissioner of mental health and substance abuse services. See Tennessee Code 33-1-101
Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
(b) A penalty shall be assessed only after an informal hearing is held in the same manner as an informal hearing is held prior to the suspension of a license under § 4-5-320(d).(c) If services or supports to a recipient of mental health or developmental disabilities services or supports have been provided in violation of § 33-2-1301, the commissioner may:
(1) Require transfer of the recipient of services or supports to another provider of services or supports as soon as is reasonably practical;(2) Authorize the recipient of services or supports to remain with the provider of services or supports if the commissioner determines it to be in the best interests of the recipient of services or supports to remain with the provider of services or supports;(3) Restrict the referral of other recipients of services or supports to the provider of services or supports;(4) Exercise a combination of the preceding powers; or(5) Impose any other appropriate sanctions in the discretion of the commissioner.
