Section 0940-03-06-.15 - NOTIFICATION OF LEGAL SURROGATES(1) The hospital must notify the parent/guardian or legal custodian, as appropriate, of an unemancipated child or the conservator, attorney-in-fact under a durable power of attorney which authorizes mental health care, or surrogate decision-maker selected in accordance with TCA §§ 33-3-219 - 33-3-220 of an adult of the use of restraint or isolation as soon as possible but no later than 12 hours following initiation of the intervention. Unsuccessful attempts to notify must be documented in the service recipient's record. The parent/guardian, legal custodian, conservator, attorney-in-fact under a durable power of attorney which authorizes mental health care, or surrogate decision-maker, as appropriate, may modify the notice requirements in a written agreement. Such individuals must be provided the opportunity to participate in a discussion of the episode.Tenn. Comp. R. & Regs. 0940-03-06-.15
Original rule filed October 3, 2002; effective December 17, 2002.Authority: T.C.A. §§ 4-4-103, 4-5-202, 4-5-204, 33-1-120, 33-1-302, 33-1-305, 33-1-309, 33-2-301, and 33-2-302.