Section 1200-34-01-.13 - COMMISSIONER SUSPENSIONS OF TREATMENT OF NEW OR EXISTING PATIENTS(1) In cases where the Commissioner determines that the conditions of any pain management clinic are, or are likely to be, detrimental to the health, safety, or welfare of any patient, the Commissioner may suspend treatment of any new or existing patients in whole or part at the Commissioner's sole discretion, pending a prompt hearing and in accordance with the requirements and provisions set out at T.C.A. § 63-1-318. The Commissioner may also convene an advisory panel, at his discretion, to make recommendations regarding the conditions of any clinic.(2) The following is a non-exhaustive list of conditions which are, or are likely to be, detrimental to the health, safety, or welfare of a patient: (a) Where there is gross deviation or a pattern of deviation from the Chronic Pain Guidelines or Pain Clinic Guidelines promulgated by the Department;(b) Where there is a pattern of negligence or a pattern of noncompliance with normal standards of care;(c) Where there is dispensing of schedule II or schedule III drugs in violation of T.C.A. § 63-1-313;(d) Where a provider in the clinic demonstrates active, untreated impairment or substance use disorder.Tenn. Comp. R. & Regs. 1200-34-01-.13
Emergency rule filed May 25, 2017 and effective through November 21, 2017. The emergency rule expired on November 22, 2017 and reverted to its previous status. Original rules filed August 28, 2017; effective 11/26/2017.Authority: T.C.A. §§ 63-1-303 and 63-1-318.