Section 0720-24-.01 - DEFINITIONS(1) Health Care Facility (Facility): Any facility licensed under the authority of the Board for Licensing Health Care Facilities as defined in T.C.A. §68-11-102.(2) Civil Rights: Personal and individual rights guaranteed by the federal or state constitution and/or any federal or state statute.(3) Commissioner: The Commissioner of the Tennessee Department of Health or his designated representative.(4) Department: Tennessee Department of Health.(5) Board: Board for Licensing Health Care Facilities.(6) Title VI: Title VI of the Civil Rights Act of 1964, 45 C.F.R., Part 80.(7) Section 504: Section 504 of the Rehabilitation Act of 1973, 45 C.F.R., Part 84.(8) Handicapped Person: means any person who (a) has a physical or mental impairment which substantially limits one or more major life activities, (b) has a record of such an impairment, or (c) is regarded as having such an impairment.(9) Qualified Handicapped Person: (a) With respect to receiving services, means a handicapped person who meets the eligibility requirements for receiving services offered by the facility;(b) with respect to employment, means a handicapped person who, with reasonable accommodations, can perform the essential functions of the job in question without undue hardship to the facility. Reasonable accommodations may include: Making facilities readily accessible to and usable by handicapped persons; Providing part-time or modified work schedules; and, providing readers or interpreters. In determining whether an accommodation would result in an undue hardship on the facility, factors to be considered may include: The overall size of the facility with respect to number of employees, number and type of facilities, and size of budget; and type of facility, including the composition and structure of the facility's workforce; and, the nature and cost of the accommodation needed.(10) Physical or Mental Impairment: means(a) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskelatal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive, digestive, genito-urinary; hemic and lymphatic; skin; and endocrine; or(b) any mental or psychological disorder, such as mental retardation organic brain syndrome, emotional or mental illness, and specific learning disabilities.(11) Discrimination: Any act, policy, practice, or procedure which result in different treatment based on race, color, national origin or handicapping condition that impacts negatively upon qualified handicapped individuals and others protected under Title VI of the Civil Rights Act of 1964.(12) Office on Civil Rights Compliance (OCRC): The administrative unit established within the Tennessee Department of Health charged with the responsibility of monitoring and investigating complaints related to civil rights compliance of facilities regulated by the Board.(13) Minority. Persons who fall within the following categories: Black, not of Hispanic origin; Hispanic; American Indian; Asian or Pacific Islander.Tenn. Comp. R. & Regs. 0720-24-.01
Original rule filed November 21, 1990; effective January 5, 1991. Transferred from chapter 1200-08-16 pursuant to Public Chapter 1119 of 2022 effective 7/1/2022.Authority: T.C.A. §§ 4-5-202, 68-1-113, 68-11-102, and 68-11-203; 45 C.F.R., Part 80; and 45 C.F.R., Part 84.