Section 1240-07-03-.05 - EMERGENCY NOTIFICATION OF FINDING OF AN INDICATED PERPETRATOR(1) If the Department finds that a paid caregiver indicated as a perpetrator of abuse, neglect, or exploitation of an adult poses an immediate threat to the health, safety or welfare of a vulnerable person to whom the alleged perpetrator has access as a paid caregiver, the Department shall provide written notice of this finding as soon as practicable to the indicated individual and any organization(s) or individual(s) with whom the individual is associated as a paid caregiver or any authority which licenses or otherwise regulates the indicated perpetrator's ability to engage in an occupation or profession in which the person is a paid caregiver.(2) Notice to the indicated individual of the emergency release of the indication shall be in addition to the notice required by 1240-07-03-.04(5) and 1240-07-03-.06.(3) Notice to organizations or individuals with whom the indicated perpetrator is associated shall contain the following information:(a) The organization or individual shall ensure that the indicated individual is not a threat to the health, safety or welfare of any vulnerable person in their care; and(b) The indicated perpetrator has been notified of his / her rights to an administrative hearing on the allegations, and that the organization or individual shall be notified of the final decision; and(c) The Department will seek injunctive relief pursuant to T.C.A. § 71-6-104 to prevent any violation of the requirements of this notice.(4) The indicated perpetrator shall continue to have the right to appeal the indication as specified in Rule 1240-07-03-.06 after emergency notification is sent pursuant to this rule.Tenn. Comp. R. & Regs. 1240-07-03-.05
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;71-6-101 et seq.; 71-6-103(a); 71-6-104.