Section 1240-07-03-.01 - SCOPE OF RULES(1) These rules shall apply to the:(a) Investigation of any report made to the Department of Human Services of a suspected case of abuse, neglect, or exploitation of an adult as defined by the Tennessee Adult Protection Act (the Act) in Title 71, Chapter 6, Part 1 of the Tennessee Code Annotated;(b) Release of information from the Department's adult protective services records; and(c) Department's indication of an individual as a perpetrator of abuse, neglect or exploitation of an adult as defined by the Act and subsequent placement on the Vulnerable Persons Registry contained in Title 68, Chapter 11, Part 10 of the Tennessee Code Annotated; the release of such indication to protect vulnerable persons; and, for the administrative due process procedures associated with that placement or release.(2) Administrative Due Process.(a) Administrative due process is provided by these rules to any paid caregiver who has been indicated by the Department as a perpetrator of abuse, neglect, or exploitation of an adult to determine the validity of the indication of such paid caregiver.(b) Administrative due process is not available under these rules for any individual who is indicated in an investigation of alleged abuse, neglect or exploitation, but who is not a paid caregiver; provided, however, if such individual becomes a paid caregiver, the administrative due process procedures of this Chapter shall apply.(c) The administrative due process provisions of this Chapter shall not apply to any release of information authorized pursuant Rule 1240-07-03-.03 except as otherwise specified by Rule 1240-07-03-.03(4) and this Chapter.Tenn. Comp. R. & Regs. 1240-07-03-.01
Chapter 1240-07-03 has been assigned a new control number, removed, and renumbered to Chapter 0250-07-03 filed and effective March 25, 1999. Original rule filed September 20, 2010; effective December 19, 2010.Authority: T.C.A. §§ 4-5-202;68-11-1004; 71-6-101 et seq.; 71-6-102; 71-6-103(a).