§ 33-2-413 — Inspections of facilities

(a) The department shall make at least one (1) unannounced life safety and environmental inspection of each licensed service or facility yearly. The department shall inspect for quality standards all licensees that contract with the department as part of its contract monitoring. The department shall inspect for quality standards all licensees that do not contract with the department. The department may deem a service or facility in compliance without inspection if the service or facility meets another government agency's certification or accreditation requirements provided for in rules of the department. (b) With or without giving notice, the department may enter the premises and inspect any applicant or licensee when a complaint is filed with the department against the applicant or licensee or when the department otherwise deems inspection in the interest of service recipients. Inspection may include review of physical plant, program, activities, and applicant or licensee records. (c) The department may charge a fee for any service or facility inspection in an amount not to exceed fifty dollars ($50.00). (d) If the department finds noncompliance with life safety or food service standards relating to non-life threatening issues, the department shall refer the findings to the state or local agency responsible for life safety or food service inspection for reinspection or review in accordance with life safety or food service standards. The department will accept the state or local agency's determination. (e) The department shall, to the extent practicable, coordinate life safety inspections to avoid duplication without good cause in the same calendar year by other government agencies that apply substantially the same standards. (f) The department shall include in its annual inspection of each hospital licensed under this title a determination of the hospital's compliance with the reporting requirements of § 33-3-117 . The hospital must document its compliance with a record of its communication with local law enforcement with respect to the commitments. A hospital's failure to comply with the reporting requirements shall subject the hospital to civil penalties or other action against the hospital's license under § 33-2-407 .

Legislative History

Amended by 2018 Tenn. Acts, ch. 1015, s 1, eff. 7/1/2018. Acts 1978, ch. 853, § 9; 1983, ch. 323, §§ 28, 29; T.C.A., § 33-1809; Acts 1989, ch. 559, § 4; T.C.A., § 33-2-509; Acts 2000, ch. 947, § 1; T.C.A. §33-2-412; Acts 2001, ch. 299, § 1.