Section 0940-03-11-.06 - EMERGENCY TRANSFER TO MTMHI FORENSIC SERVICES PROGRAM FROM DEPARTMENT OF CORRECTION(1) The emergency transfer of a service recipient to the MTMHI Forensic Services Program from the Department of Correction may occur when:(a) The Director of a Department of Correction facility determines, based on a written report of a licensed physician or a licensed psychologist designated as a health services provider, that a service recipient in the Director's custody: 1. Has mental illness; and2. Is in need of emergency 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 an appropriate residential program of the Department of Mental Health and Developmental Disabilities.(2) If the Director of the Department of Correction facility orders the emergency transfer to the MTMHI Forensic Services Program, the Director shall:(a) Telephone the MTMHI Forensic Services Program Director and the Office of Forensic Services.(b) Send by facsimile the following information:1. Recommendations for transfer from the referring Director of the Department of Correction facility that includes the rationale for transfer; and2. Documentation of the need for transfer from either a licensed physician or a licensed psychologist with health service provider designation.(c) Verify available suitable accommodations at the MTMHI Forensic Services Program by obtaining a confirmation number from MTMHI.(3) After documentation is received by MTMHI and a confirmation number has been provided, the service recipient may be transferred immediately to the MTMHI Forensic Services Program.(4) When an service recipient is transferred to the MTMHI Forensic Services Program from the Department of Correction, the Chief Officer of MTMHI shall convene a transfer committee, as defined by T.C.A. § 33-3-404 et seq., not less than seven (7) days or more than fourteen (14) days thereafter unless the service recipient is returned to the Department of Correction before the hearing date.Tenn. Comp. R. & Regs. 0940-03-11-.06
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; 33-3-403; 33-3-404;33-3-405; 33-3-406; § 33-3-701 et seq.