Section 0940-04-04-.04 - ASSESSMENT OF CAPACITY TO MAKE AN INFORMED DECISION(1) Capacity to make informed decisions must be presumed for each adult unless the adult has a conservator. An unemancipated child does not have the capacity to make informed decisions. An emancipated child has the same rights and responsibilities as an adult within the scope of the court order.(2) When a service provider has reasonable cause to believe that an adult service recipient lacks capacity to make informed decisions, he/she must arrange for a qualified examiner to assess capacity under Department of Mental Health and Developmental Disabilities Rule 0940-1-6. When a service provider has reasonable cause to believe a service recipient sixteen (16) years of age or older lacks capacity to make informed mental health treatment decisions, s/he must arrange for a qualified examiner to assess capacity under Department of Mental Health and Developmental Disabilities Rule 0940-1-6.(3) If the results of the assessment of capacity indicate that the individual:(a) Has the capacity to make an informed decision, only the individual can make the decision regarding the specific treatment recommended;(b) Lacks the capacity to make an informed decision regarding the routine medical, dental or mental health treatment, then a surrogate decision-maker may be designated.(4) The results of the assessment and resultant action must be documented and maintained in the individual's record. The documentation must at least contain a description of the evidence obtained which supports either that the individual can make an informed decision or that there is a designated surrogate decision-maker.Tenn. Comp. R. & Regs. 0940-04-04-.04
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 33-2-221.