Section 0940-04-04-.01 - PURPOSE(1) This chapter establishes a way to get timely and appropriate delivery of routine medical, dental, or mental health treatment for service recipients with mental retardation or mental impairment related to a developmental disability who lack capacity to make informed decisions and do not have a:(a) Parent or guardian for individuals under age 18 or care giver of a minor child under Title 34, Chapter 6, Part 3, Tennessee Code Annotated;(b) Parent or guardian for individuals under age 16 for mental health treatment;(c) Conservator, guardian or legal custodian who has court authorization to give consent for such services;(d) Declaration for mental health treatment which addresses the service to be provided; or(e) Attorney-in-fact under a durable power of attorney (DPOA) for health care for the services to be provided.Tenn. Comp. R. & Regs. 0940-04-04-.01
Original rule filed March 29, 2005; effective June 12, 2005.Authority: T.C.A. §§ 4-4-103, 33-1-302, 33-1-305, and 33-3-219 through 33-3-221.