Section 0940-03-09-.15 - NOTIFICATION(1) Upon admission to the mental health residential treatment facility, both the incoming service recipient and the parent, guardian, temporary caregiver, or legal custodian, as appropriate, of an unemancipated child or the conservator, attorney-in-fact under a durable power of attorney which authorizes health care, or surrogate decision-maker of an adult selected under T.C.A. §§ 33-3-219 and 220 must be informed and provided a copy of the facility's policy regarding the use of isolation, mechanical restraint, and physical holding restraint during an emergency safety situation. If the parent, guardian, temporary caregiver, or legal custodian, as appropriate, of an unemancipated child or the conservator, attorney-in-fact under a durable power of attorney which authorizes health care, or surrogate decision-maker of an adult selected under T.C.A. §§ 33-3-219 and 220 is not available upon admission, information regarding the policy will be provided as soon as possible. This policy must be communicated in a way that is understood by the service recipient and his or her parent, guardian, temporary caregiver, legal custodian, conservator, attorney-in-fact under a durable power of attorney which authorizes health care, or surrogate decision-maker, as appropriate. When necessary, the facility must provide interpreters or translators.(2) An acknowledgement, in writing, from the service recipient and the parent, guardian, temporary caregiver, or legal custodian, as appropriate, of an unemancipated child or the conservator, attorney-in-fact under a durable power of attorney which authorizes health care, or surrogate decision-maker of an adult selected under T.C.A. §§ 33-3-219 and 220 that he or she has been informed of the facility's policy on the use of isolation, mechanical restraint, and physical holding restraint in an emergency safety situation. The acknowledgement must be placed in the service recipient's record.(3) Contact information, including phone number and mailing address, for the Disability Law & Advocacy Center of Tennessee (DLAC) must be provided to the service recipient or his or her parent, guardian, temporary caregiver, legal custodian, conservator, attorney-in-fact under a durable power of attorney which authorizes health care, or surrogate decision-maker, as appropriate, upon admission to the facility.(4) The mental health residential treatment facility must notify the parent, guardian, temporary caregiver, or legal custodian, as appropriate, of an unemancipated child or the conservator, attorney-in-fact under a durable power of attorney which authorizes health care, or surrogate decision-maker of an adult selected under T.C.A. §§ 33-3-219 and 220 of the use of isolation, mechanical restraint, or physical holding restraint as soon as possible but no later than twelve (12) hours following initiation of the intervention. Notification and/or unsuccessful attempts to notify must be documented in the service recipient's record. The parent, guardian, temporary caregiver, legal custodian, conservator, attorney-in-fact under a durable power of attorney which authorizes health care, or surrogate decision-maker, as appropriate, may choose to modify the notice requirements in a written agreement filed in the service recipient's record. Such individuals must be provided the opportunity to participate in a discussion with appropriate staff about the episode that precipitated the use of isolation, mechanical restraint or physical holding restraint.(5) The mental health residential treatment facility may notify other family members or significant others, with their agreement to be notified, as specified in 0940-3-8-.14, when a release has been signed by: (a) the service recipient who is sixteen (16) years old or older;(b) the parent, guardian, temporary caregiver, or legal custodian, as appropriate, of an unemancipated child; or(c) the conservator, attorney-in-fact under a durable power of attorney, which authorizes health care or surrogate decision-maker of an adult, selected under T.C.A. §§ 33-3-219 and 220.Tenn. Comp. R. & Regs. 0940-03-09-.15
Original rule filed March 3, 2008; effective May 17, 2008.Authority: T.C.A. §§ 4-4-103, 4-5-202 and 204, 33-1-302, 305, 309, and 33-3-120; 42 C.F.R. §483.356(c) and (d); 42 C.F.R. §483.366(a) and (b).