Section 0940-05-44-.02 - APPLICATION OF RULES(1) The governing body of a facility providing alcohol and drug residential detoxification treatment services must comply with the following rules: (a) Applicable occupancy rules found in Chapter 0940-05-04 L ife Safety Licensure Rules: 1. Rule 0940-05-04-.02H ealth Care Occupancies for facilities providing services to four (4) or more service recipients who are not capable of self-preservation; or 2. Rule 0940-05-04-.06R esidential Occupancies - Board and Care for facilities providing services to four (4) or more service recipients who are capable of self-preservation; or3. Rule 0940-05-04-.07R esidential Occupancies - One- and Two-Family Dwellings (Two or Three Clients) for facilities providing services to two (2) or three (3) service recipients;(b) Rule 0940-05-04-.09(2) M obile Non-Ambulatory Rule if services are provided to one (1) or more mobile non-ambulatory service recipients in facilities meeting the requirements for Rule 0940-05-04-.06 R esidential Occupancies - Board and Care or Rule 0940-05-04-.07R esidential Occupancies - One- and Two-Family Dwelling Occupancy;(c) Adequacy of Facility Environment and Ancillary Services found in Chapter 0940-05-05;(d) Minimum Program Requirements for All Facilities found in Chapter 0940-05-06;(e) Minimum Program Requirements for Alcohol and Drug Residential Detoxification Treatment Facilities found in Chapter 0940-05-44; and(f) Use of Isolation, Mechanical Restraint, and Physical Holding Restraint in Mental Health Residential Treatment Facilities found in Chapter 0940-03-09.Tenn. Comp. R. & Regs. 0940-05-44-.02
Original rule filed April 27, 2000; effective July 11, 2000. Per Executive Order 44 (February 23, 2007), rule was transferred from 1200-8-23 on May 15, 2008. Repeal and new rule filed January 7, 2009; effective March 23, 2009.Authority: T.C.A. §§ 4-4-103, 4-5-202; 4-5-204; 33-1-302, 33-1-305, 33-1-309; and 33-2-301; 33-2-302;33-2-404; and Executive Order 44 (February 23, 2007).