Section 0940-03-11-.05 - REGULAR TRANSFER TO MTMHI FORENSIC SERVICES PROGRAM FROM DEPARTMENT OF CORRECTION(1) A service recipient may be transferred immediately to the MTMHI Forensic Services Program from a Department of Correction facility when the Director of a Department of Correction facility makes a determination, based on a written report of a licensed physician or psychologist with health services provider designation, that a service recipient in the director's custody: (a) Has a mental illness;(b) Is in need of residential care and treatment for the condition that cannot be provided at an appropriate facility of the Department of Correction and that can be provided at the MTMHI Forensic Services Program; and(c) Waives in writing the right to a transfer hearing.(2) The following information shall accompany a service recipient transferred to the MTMHI Forensic Services Program from the Department of Correction:(a) A letter affirming the transfer to the MTMHI Forensic Services Program;(b) A copy of the signed statement from the service recipient waiving the right to a transfer hearing; and(c) The written report documenting that the service recipient meets the transfer criteria in 0940-03-11-.05(1)(a) and (b).(3) If the service recipient does not waive the right to a transfer hearing, the service recipient shall remain in the facility of the Department of Correction until the Director of a Department of Correction Facility convenes a transfer committee not less than seven (7) days or more than fourteen (14) days thereafter.(4) The transfer committee shall meet the requirements of T.C.A. § 33-3-404 et seq.(5) The transfer committee shall approve the transfer if the transfer meets the criteria in Rule 0940-03-11-.05(1)(a) and (b).(6) The chair of the transfer committee shall provide the service recipient with the following information if the transfer is approved:(a) A written notice of the transfer committee's decision and a summary of the factual basis for the decision; and(b) A complaint form for review of the transfer in circuit court under T.C.A., Title 33, Chapter 3, Part 7.(7) The Director of the Department of Correction facility shall transfer the service recipient five (5) days after the receipt of the transfer committee's notice to the service recipient if the following conditions are met: (a) The transfer meets the criteria specified in Rule 0940-03-11-.05(1)(a) and (b) The service recipient has not filed a complaint under T.C.A., Title 33, Chapter 3, Part 7; and(c) The Director verifies available suitable accommodations at the MTMHI Forensic Services Program by obtaining a confirmation number from MTMHI.(8) When a transfer is approved by the transfer committee, the Director of the Department of Correction Facility shall provide the MTMHI Forensic Service Program with: (a) A letter affirming the transfer to the MTMHI Forensic Services Program; and(b) A summary of the factual basis for the transfer committee decision.(9) The transfer committee shall disapprove the transfer if the transfer does not meet the criteria specified in Rule 0940-03-11-.05(1)(a) and (b).(10) If the transfer is disapproved, the chair of the transfer committee shall provide the service recipient with a written notice of the transfer committee's decision and a summary of the factual basis for the decision.(11) If the transfer is disapproved and the service recipient has already been transferred, the transfer committee shall order the service recipient returned to the Department of Correction facility.(12) The Chief Officer of MTMHI shall determine, within five (5) days, excluding Saturdays, Sundays, and legal holidays, whether a transfer is appropriate based on the advice of a licensed physician.(a) If the transfer is not appropriate, the Chief Officer of MTMHI shall immediately transfer the service recipient back to the custody of the Department of Correction.(b) If the transfer is appropriate, the Chief Officer of MTMHI shall:1. Ensure that the service recipient receives a signed statement and a receipt of transfer notification notifying the service recipient of the authorized transfer;2. Provide the service recipient with the opportunity to sign the receipt of transfer notification at the time the notice is delivered. If the service recipient refuses to sign the acknowledgement, the person who delivers the notice of the transfer shall, in the presence of a witness, write on the receipt, "refused to sign receipt." After the service recipient either signs or fails to sign the acknowledgement of receipt, it shall be co-signed by the person who delivered the notice and a witness. The completed acknowledgement of receipt shall be filed in the office of the Chief Officer;3. Verbally contact the appropriate relative or conservator and send by mail a written notice of transfer; these contacts shall be documented in the service recipient's record;4. Set up a teleconference between the referring physician or psychologist with health service provider designation and the receiving physician to discuss diagnosis and medication decisions: this discussion shall be documented in the service recipient's record;5. Send to the Office of Forensic Services a copy of the notification of the transfer to the service recipient and to the appropriate relative or conservator;(13) All complaints filed with circuit court to review whether a service recipient may be transferred to a facility shall follow the requirements in Title 33, Chapter 3, Part 7.Tenn. Comp. R. & Regs. 0940-03-11-.05
Original rule filed March 18, 2010; effective June 16, 2010.Authority: T.C. A. §§ 4-4-103;33-1-201; 33-1-202; 33-1-203; 33-1-204; 33-1-302; 33-1-305; 33-3-301; 33-3-402;33-3-404; 33-3-405; 33-3-406; 33-3-408; 33-3-409; and 33-3-701 et seq.