Section 1240-07-03-.07 - NOTICE OF PERPETRATOR STATUS TO THIRD PARTIES(1) Organizations and Individuals with Whom the Indicated Perpetrator is Associated as a Paid Caregiver.(a) Prior to completion of administrative due process, information regarding the indication can only be provided to third parties as permitted by Rules 1240-07-03-.03, 1240-07-03-.05 or 1240-07-03-.06(7)(e) and (f).(b) Following final resolution of the case, whether by administrative hearing order, court order, or waiver by the indicated individual, notice of the final outcome shall be provided as specified below:1. If the indication of the paid caregiver as a perpetrator of abuse, neglect, or exploitation of an adult was upheld, the organization or individual has a continuing obligation to assure that the indicated perpetrator is not a threat to the safety of vulnerable persons in their care;2. If notice was previously provided pursuant to Rule 1240-07-03-.05, that the indication of the paid caregiver as a perpetrator was not upheld the organization or individual no longer has a continuing obligation pursuant to the previously provided notice to assure that the paid caregiver is not a threat to the safety of any vulnerable person in their care; and3. If the indication of the paid caregiver as a perpetrator of abuse, neglect, or exploitation of an adult was upheld, the Department may provide notice of the person's status as an indicated perpetrator of abuse, neglect or exploitation to any organization or to any individual with which or with whom the person is associated as a paid caregiver or to any licensing authority of such person or the licensing authority of such organization or individual with which or with whom the person is associated as a paid caregiver.(2) Vulnerable Persons Registry of the Department of Health.(a) If, upon final resolution of the case, whether by administrative hearing order, court order, or waiver by the indicated individual, the indication of the paid caregiver as a perpetrator is upheld, the Department shall provide notification of this finding to the Department of Health to have the name of the indicated perpetrator included on the Vulnerable Persons Registry pursuant to the criteria established by T.C.A. § 68-11-1004. 1. Notification shall consist of a copy of a final administrative order, a judicial order, or other evidence verifying that the Department or other tribunal has afforded the indicated perpetrator an opportunity for an administrative or judicial due process hearing regarding allegations of abuse, neglect or exploitation of a adult who was the subject of a report and investigation under T.C.A. §§ 71-6-101 et seq.2. Notification shall also include the individual's last known mailing address, the definition of abuse, neglect, or exploitation as specified in Rule 1240-07-03-.02 above, and any other information that the Department of Health determines is necessary to adequately identify such individual for purposes of administrative hearings provided by T.C.A. § 68-11-1004 or to adequately identify such individual when inquiry to the Registry is made.(b) If the indication of the paid caregiver as a perpetrator is upheld based upon a criminal adjudication, the Department shall provide to the Department of Health a copy of the criminal disposition from the Tennessee Bureau of Investigation, other federal, state or local law enforcement agency, court, or criminal justice agency, verifying that a criminal disposition against the named individual was the result of an offense against a adult for whom an investigation was also conducted by the Department of Human Services pursuant to T.C.A. §§ 71-6-101 et seq.Tenn. Comp. R. & Regs. 1240-07-03-.07
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., 71-6-103(a).