Section 0940-01-01-.02 - DEFINITIONS(1) For the purposes of chapters 0940-1-1 through 0940-1-3, unless the context requires otherwise, the terms listed below shall be interpreted as follows.(a) "Psychotropic medication" means a drug which exercises a direct effect upon the central nervous system and which is capable of influencing and modifying behavior. Drugs covered by these rules include but are not limited to: 3. agents for control of mania and depression,5. psychomotor stimulants, and(b) "Medication", unless otherwise noted means psychotropic medication.(c) "Voluntary patient" means a patient who has been admitted pursuant to T.C.A. § 33-6-101.(d) "Voluntary resident" means a resident who has been admitted pursuant to T.C.A. § 33-5-101.(e) "Involuntary patient" means a patient who has been admitted pursuant to T.C.A. §§ 33-6-103, 33- 6-104, 33-7-301, and 33-7-303.(f) "Involuntary resident" means a resident who has been admitted pursuant to T.C.A. §§ 33-5-305 and 33-3-401.(g) "Guardian" means a court appointed guardian or conservator.(h) "Legally incompetent patient or resident" means a patient or resident from whom a court, pursuant to T.C.A. Title 34, Chapter 12, Part 1 or 2, has removed the power to make decisions as to treatment and for whom it has appointed a guardian to make such decisions.(i) "Informed Consent" means consent voluntarily given in writing after sufficient explanation and disclosure of the subject matter involved to enable the person whose consent is sought to make a knowing and willful decision without any element of force, fraud, deceit, duress, or other form of constraint or coercion. Informed consent for psychotropic medication can be obtained from a person who is capable of understanding after adequate explanation a medication's expected benefits, possible risks and side effect, the advantage and risk or alternative treatments, and the prognosis if medication is not given.(j) "Lacks capacity" means that a patient or resident is not able to give informed consent for psychotropic medication and has not had a guardian granted that authority.(k) "Emergency" means circumstances in which there exists:1. an immediate threat of serious physical harm to the patient or resident or to others caused by the violent behavior of the patient or resident,2. an immediate threat to the patient or resident of deteriorating physical well-being with risk to life or long term health caused by the effects of mental illness, or3. actual violent behavior by the patient or resident causing substantial property damage.(l) "Treatment Team" means mental health institute personnel directly involved in developmenting, administering, and monitoring a patient's treatment plan or resident's individual habilitation plan.(m) "Interdisciplinary Team" (IDT) means developmental center personnel directly involved in developmenting, administering, and monitoring a resident's individual habilitation plan.(n) "Treatment Review Committee" (TRC) means a committee constituted under these rules to review Treatment Team decisions at a mental health institute.(o) "Behavior Management Committee" (BMC) means a committee constituted by the Superintendent of a developmental center or mental retardation secure facility to review behavior change programs which use psychotropic medications and aversive procedures.(o) "Human Rights Committee" (HRC) means a committee constituted by the Assistant Commissioner for Mental Retardation Services to safeguard the rights of residents at the developmental centers or mental retardation secure facilities.(p) "Patient Rights Advisor" (PRA) means a person designated by the superintendent of the Institute to have the responsibilities imposed by these rules.(q) "Clinical professional" means, at a mental health institute, a professional who has been granted clinical privileges and, at a developmental center or mental retardation secure facility, a professional who is a Qualified Mental Retardation Professional (QMRP) and who has been designated as a clinical professional for the purposes of these rules.(r) "Regular working day" means 8:00 a.m. until 4:30 p.m., Monday through Friday, excluding legal holidays.Tenn. Comp. R. & Regs. 0940-01-01-.02
(For Administrative History prior to February, 1985, see page 1.001). New rule filed January 9, 1985; effective February 8,1985.Authority: T.C.A. §§ 33-1-203 through 33-1-205, 33-3-104 and 33-3-105.