Section 0940-05-38-.03 - SCOPE OF PERSONAL SUPPORT SERVICES AGENCIES(1) These rules apply to all agencies or personal support services workers who provide personal support services in the permanent or temporary residence of service recipients who meet the criteria specified in Rule 0940-05-38-.01(2).(2) The following are exempt from licensure under this chapter:(a) A person who provides personal support services to only one (1) service recipient and who is not in a business arrangement to provide personal support services to any other service recipient. This exception shall not apply to an individual who holds themselves out to the public as being in the business of personal support services for compensation;(b) A person who provides personal support services only to members of the individual's own family;(c) A person who provides only housekeeping services to a service recipient and no other assistance with major life activities;(d) A person who provides only transportation services and no other assistance with major life activities;(e) A person who provides services in homeless shelters;(f) A person who provides only delivery services, such as dry-cleaning, food, medication delivery, or medical equipment; and(g) Home care organizations licensed under T.C.A., Title 68, Chapter 11, Part 2 as a home care organization.Tenn. Comp. R. & Regs. 0940-05-38-.03
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 rules 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.