Section 0940-05-38-.01 - DEFINITIONS(1) "Personal Support Services" means one (1) or more of the following services provided to a service recipient, as defined in 0940-05-38-.01(2), in the individual's permanent or temporary residence. (a) Self-care assistance with tasks such as eating, dressing, toileting, bathing, mobility, transfer assistance and other services and supports to maintain health and wellness;(b) Household assistance with tasks such as housekeeping, laundry, meal planning, meal preparation, shopping, bill paying, and use of telecommunication devices;(c) Personal assistance to service recipients to access community activities such as transportation, social, recreational or other personal activities; and/or(2) "Service Recipient" means an individual who:(a) Has substantial limitations in two (2) or more major life activities because of a chronic condition, acute episode of illness or injury, age, physical or other disability;(b) Receives services in either a permanent or temporary residence; and(c) Depends on personal support services to perform major life activities, but does not require nursing level services to be provided in connection with an acute episode of illness or injury.(3) "Personal Support Services Agency" or "Agency" means a sole proprietorship (someone who owns an unincorporated business by himself or herself), partnership, corporation, limited liability company or limited liability partnership providing personal support services. Agency includes all entities that employ or subcontract with individuals who provide personal support services to service recipients.(4) "Personal Support Services Worker" (or "Worker") means a person licensed as a personal support services agency, or an employee or an individual subcontracted by a personal support services agency who is providing personal support services under an arrangement between a service recipient and a personal support services agency.(5) "Chronic Condition" means a mental and/or physical impairment that is expected to last indefinitely.(6) "Education Services" means consultation provided by a registered nurse to the service recipient or primary family caregiver concerning a chronic condition.(7) "Hold Out to the Public" means asserting expertise and availability through advertising, public notice, self-promotion, etc.(8) "Major Life Activities" means:(b) Receptive and expressive language;(f) Capacity for independent living; or(g) Economic self-sufficiency.(9) "Medication Assistance" means providing medication reminders and opening medication packaging, but does not mean giving the service recipient injections or any form of medication or medication administration that would only be appropriate and acceptable for persons who are authorized to do so by Title 63, Chapter 7. Medication assistance includes, but is not limited to, any of the following:(a) Loosening the cap on a pill bottle for oral medication;(b) Opening pill reminder box if the box is filled by the service recipient or authorized representative or licensed medical personnel practicing within the scope of their license;(c) Placing medication within reach of the service recipient;(d) Holding a service recipient's hand steady to help them with drinking liquid medication;(e) Guiding the service recipient's hand when the individual is applying eye/ear/nose drops and wiping the excess liquid;(f) Helping with a nasal cannula or mask for oxygen, plugging the machine in and turning it on;(g) Applying non-prescription cream and lotions purchased over-the-counter to external parts of the body.(10) "Self- administration of Medication" means the ability of a service recipient to take prescribed or over-the-counter medications without assistance from another person.(11) "Written" means, as applied to licensee's records, any generally accepted format, including electronic or paper, used for retaining business or client records.Tenn. Comp. R. & Regs. 0940-05-38-.01
Original rule filed July 21, 2004; effective November 26, 2004. Repeal and new rule filed November 20, 2009; effective February 18, 2010. Repeal and new rule filed March 4, 2016; effective 6/2/2016.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, and 33-2-407.