Tenn. Comp. R. & Regs. 0940-04-04-.03

Current through September 10, 2024

Section 0940-04-04-.03 - DEFINITIONS

(1) "Actively involved" means involvement with the individual based on the following:

(a) Observed interactions of the person with the individual;

(b) Advocacy for the best interests of the individual;

(c) Knowledge of and sensitivity to the individual's preferences, values and beliefs;

(d) Ability to communicate with the individual; and

(e) Availability to the individual for assistance or support when needed.

(2) "Caregiver" means a person designated by a parent to care for a minor child under Title 34, Chapter 6, Part 3, T.C.A.

(3) "Conservator" means a person appointed by a court under the conservatorship law in Title 34, Chapter 3 or the Veterans Administration Guardianship law in Title 34, Chapter 5, T.C.A., with authority to make decisions for an adult who lacks capacity to make informed decisions.

(4) "Declaration for mental health treatment" means a document authorized by Part 10, Chapter 6, Title 33, T.C.A., that allows a competent adult or emancipated minor to indicate how he/she wants to be treated or not be treated when he/she is unable to make informed decisions about mental health treatment.

(5) "Developmental disability" means a condition based on having either a severe, chronic disability under T.C.A. § 33-1-101(10) or mental retardation under T.C.A. § 33-1-101(17).

(6) "Durable power of attorney" (DPOA) means a legal document authorized by Title 34, Chapter 6, Part 2, T.C.A., that allows the attorney-in-fact to make health care decisions for the individual.

(7) "Guardian" means a person appointed by a court under the guardianship law in Title 34, Chapter 1, T.C.A., with authority to make decisions for an unemancipated individual under eighteen (18) years of age.

(8) "Legal custodian" means a person appointed by a court under Title 37, Tennessee Code Annotated with authority to make decisions for a child who lacks capacity to make decisions.

(9) "Mental retardation" means substantial limitations in functioning as shown by significantly sub-average intellectual functioning that exists concurrently with related limitations in two (2) or more of the following adaptive skill areas: communication, self- care, home living, social skills, community use, self-direction, health and safety, functional academics, leisure, and work; and that are manifested before eighteen (18) years of age. [T.C.A. § 33-1-101(17)]

(10) "Qualified examiner" means:

(a) A licensed physician to determine capacity to make an informed decision about routine medical or mental health treatment;

(b) A licensed psychologist to determine capacity to make an informed decision about routine mental health treatment;

(c) A licensed dentist to determine capacity to make an informed decision about routine dental care.

(11) "Routine treatment" means commonplace, everyday medical, dental or mental health treatment but excludes psychosurgery, convulsive therapy, and elective surgery, or services solely for behavior control of an individual.

(12) "Service provider" means an individual who provides routine medical, dental, or mental health treatment for individuals with a diagnosis of mental retardation or mental impairment related to a developmental disability.

(13) "Service recipient" means a person who is receiving service, has applied for service, or for whom someone has applied for or proposed service because the person has a mental illness, serious emotional disturbance, or a developmental disability. [T.C.A. § 33-1-101(21)]

(14) "Severe, chronic disability" in a person:

(a) Over five (5) years of age means a condition that:

1. Is attributable to a mental or physical impairment or combination of mental and physical impairments;

2. Is manifested before twenty-two (22) years of age;

3. Is likely to continue indefinitely;

4. Results in substantial functional limitations in three (3) or more of the following major life activities:

(i) Self-care;

(ii) Receptive and expressive language;

(iii) Learning;

(iv) Mobility;

(v) Self-direction;

(vi) Capacity for independent living; and

(vii) Economic self-sufficiency; and

5. Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic services, supports, or other assistance that is likely to continue indefinitely and to need to be individually planned and coordinated.

(b) Up to five (5) years of age means a condition of substantial developmental delay or specific congenital or acquired conditions with a high probability of resulting in developmental disability as defined for persons over five (5) years of age if services and supports are not provided.

Tenn. Comp. R. & Regs. 0940-04-04-.03

Original rule filed March 29, 2005; effective June 12, 2005.

Authority: T.C.A. §§ 4-4-103, 33-1-101, 33-1-302, 33-1-305, and 33-3-219 through 33-3-221.