Section 0940-05-06-.08 - MODIFICATION OR LIMITATION OF AN INDIVIDUAL CLIENT'S RIGHTS(1) The rights of an individual client in a facility may only be modified or limited under the following conditions: (a) It is demonstrated and documented that such modification or limitation is necessary because of the individual client's physical or mental condition or inappropriate behavior;(b) To achieve a legitimate goal in the client's individual program plan;(c) No modification or limitation may be made solely for the convenience of staff or be more stringent than is necessary;(d) The client and/or the client's legally-appointed representative, as appropriate, must be fully informed of the proposed limitation or modification and must be given an opportunity to object, to propose alternatives, and to consult with family, friends, and/or advocacy agencies prior to implementation of the modifications or limitations;(e) Any modifications or limitations and the reasons therefore must be documented in the client's record; and,(f) The facility is not a Medicaid-reimbursed home and community based service (HCBS) provider required to comply with the federal home-based and community-based setting final rule, published in the Federal Register at 79 FR 2947 (January 16, 2014).Tenn. Comp. R. & Regs. 0940-05-06-.08
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.