Section 0940-01-03-.06 - PROCEDURES FOR ADMINISTRATION OF MEDICATION UNDER RULE 0940-1-1-08 TO RESIDENTS WHO DO NOT LACK CAPACITY AND WHO REFUSE MEDICATION(1) If a resident who does not lack capacity refuses to consent to administration of medication other than emergency medication under rule 0940-1-1-.05, the Interdisciplinary Team shall inform the resident of the Interdisciplinary Team process and of the resident's right to discuss the case with the members of the Team and to participate in the Team meeting. The resident's participation shall be encouraged but is not mandatory.(2) The resident may request any personal representative to assist or to speak on the resident's behalf in all meetings under this rule.(3) Staff members may continue non-coercive efforts to persuade the refusing resident to take the prescribed and proffered medication throughout the procedures under this rule.(4) The Interdisciplinary Team shall discuss the physician's recommendations and the resident's response.(5) The Team shall attempt to formulate a plan that is acceptable to the resident, e.g., reduced dosage, alternate medication, alternative treatment if any is available, or a possible trial period of medication, etc. The team chairperson shall document the recommendations of the Interdisciplinary Team in the resident's chart.(6) If after the Interdisciplinary Team meeting, the Team finds that medications is a necessary part of the resident's habilitation plan and the resident still refuses the medication, the team shall report the case to the HRC. The HRC shall review the case at its next regular meeting and make recommendations to the Superintendent. The Superintendent shall document the final decision and provide copies to:(a) the resident's clinical chart,(b) the Medical Director, and(c) the Human Rights Committee.Tenn. Comp. R. & Regs. 0940-01-03-.06
(For Administrative History prior to February, 1985, see page 1.001). New rule filed January 9, 198 5; effective February 8, 1985.Authority: T.C.A. §§ 33-1-203 through 33-1-205, 33-3-104 and 33-3-105.