Tenn. Comp. R. & Regs. 0940-04-04-.02

Current through December 26, 2024

Section 0940-04-04-.02 - SCOPE

(1) These rules apply to:

(a) An adult:

1. With mental retardation or mental impairment related to a developmental disability;

2. Who is in need of a single routine medical, dental, or mental health treatment or course of treatment; and

3. Lacks capacity to make an informed decision based on an evaluation under Rule 0940-1-6.

(b) An unemancipated child:

1. With mental retardation or mental impairment related to a developmental disability;

2. Who does not have a parent, legal guardian, legal custodian or caregiver under Part 3, Chapter 6, Title 34, T.C.A.; and

3. Is in need of a single routine medical, dental, or mental health treatment or course of treatment.

(c) An unemancipated child between sixteen (16) and eighteen (18) years old:

1. With mental retardation or mental impairment related to a developmental disability and who has a serious emotional disturbance or mental illness and:

2. Who is in need of a single routine medical, dental, or mental health treatment or course of treatment; and

3. Lacks capacity to make an informed decision based on an evaluation under Rule 0940-1-6.

(2) These rules do not apply to:

(a) An individual with mental illness or serious emotional disturbance who does not have mental retardation or a mental illness due to a developmental disability;

(b) An adult who has:

1. The capacity to make an informed decision about routine medical, dental or mental health treatment;

2. A court-appointed conservator or an attorney in-fact under a durable power of attorney with authority to make decisions; or

3. A declaration for mental health treatment that addresses the service to be provided.

(c) An individual under eighteen (18) years of age who has a parent, legal guardian, or legal custodian; or an individual under sixteen (16) years of age who has a mental illness or serious emotional disturbance and has a parent, legal guardian, legal custodian or an attorney-in-fact under a durable power of attorney for health care.

(d) An emergency as used in the Good Samaritan Law, T.C.A. § 63-6-218.

Tenn. Comp. R. & Regs. 0940-04-04-.02

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.