Section 0940-05-06-.03 - FINANCIAL MANAGEMENT OF ALL SERVICES AND FACILITIES(1) The licensee holding or receiving funds or property for the service recipient as trustee or representative payee will adhere to all laws, state and federal, that govern his fiduciary position and relation to the client. A licensee may not retaliate against an employee, volunteer or other individual who reports a violation of the licensee's fiduciary obligation to the client.(2) The licensee shall prohibit staff, volunteers and proprietors from soliciting or borrowing money or property from clients.(3) The licensee shall ensure that all money received, held and/or disbursed on behalf of the client is for the strict, personal benefit of the client.(4) The licensee shall not mix funds with those of the client. The licensee shall maintain a separate account in a federally insured financial institution for the deposit and/or disbursement of client funds.(5) The licensee shall not take funds or property of the client for the licensee's personal or organizational use or gain.(6) The licensee shall maintain a written account of all monies received or disbursed on behalf of the client. No less than annually the licensee shall provide the client or the client's legal representative a report of all funds held and disbursed on behalf of the client.Tenn. Comp. R. & Regs. 0940-05-06-.03
Original rule filed May 26, 1988; effective July 11, 1988. Amendment filed May 28, 2010; to have been effective August 26, 2010. Stay of amendment filed by the Tennessee Department of Mental Health and Developmental Disabilities on July 21, 2010; new effective date November 9, 2010. Withdrawal of amendment filed August 2, 2010. Amendment filed August 30, 2010; to have been effective January 29, 2011. Stay of amendment filed by the Tennessee Department of Mental Health and Developmental Disabilities on January 29, 2011; new effective date March 7, 2011. Withdrawal of amendment filed by the Department of Mental Health and Developmental Disabilities on February 25, 2011. Repeal and new rules filed November 30, 2016; effective 2/28/2017.Authority: T.C.A. §§ 4-4-103, 33-1-302, 33-1-305, 33-1-309, 33-2-301, 33-2-302, 33-2-404, 33-2-405, 33-2-407, and 33-2-504.