Rules & Regulations of the State of Tennessee
Title 0465 - Intellectual and Developmental Disabilities
Subtitle 0465-02 - Intellectual and Developmental Disabilities, Department of
Chapter 0465-02-06 - Minimum Program Requirements for All Facilities/Services
Section 0465-02-06-.02 - ENVIRONMENTAL REQUIREMENTS FOR ALL LICENSEES

Universal Citation: TN Comp Rules and Regs 0465-02-06-.02

Current through September 24, 2024

(1) The governing body must ensure that a written policies and procedures manual is maintained. The manual must include the following elements:

(a) A description of each facility/service provided by the licensee. The description must include the hours of operation and admission and discharge criteria;

(b) An organizational chart which clearly shows or describes the lines of authority between the governing body, the chief executive officer, and the staff;

(c) Policy and procedures which ensure that someone is delegated the authority to act in the absence of the individual responsible for the operation of the facility/service;

(d) A schedule of fees, if any, currently charged to persons supported for all services provided by the licensee;

(e) A statement of person supported rights and the grievance procedures to be followed when a suspected violation of person supported rights has been reported;

(f) Policy and procedures which ensure the confidentiality of the information of a person supported, and which include the following provisions:

1. Staff must comply with applicable confidentiality laws and regulations, (e.g., T.C.A. § 33-3-104(10); federal alcohol and drug regulations, which is found at 42 CFR, Part 2); the Health Insurance Portability and Accountability Act (HIPAA), which is found at 45 CFR, Part 160, Part 162, and Part 164);

2. The person supported must not be required to make public statements, which acknowledge gratitude to the licensee or for the licensee's facility/services;

3. The person supported must not be required to perform in public gatherings; and

4. Identifiable photographs of the person supported must not be used without the written and signed consent of the person supported or his/her legal representative (conservator, parent, guardian, or legal custodian).

(g) A medication administration policy and control procedures for licensees involved in the administration of medication to persons supported;

(h) The plans and procedures to be followed in the event of fire evacuation and natural disaster emergencies;

(i) The plans and procedures to be followed in the event of an emergency involving care of persons supported, which will provide for emergency transportation, emergency medical care, and staff coverage in such event;

(j) A policy which prohibits persons supported from having any of the following responsibilities:

1. Care of other persons supported;

2. Supervision of other persons supported, unless on-duty/on-site staff are present; and

3. Responsibilities requiring access to confidential information.

(k) Policy and procedures to be followed in the reporting and investigation of suspected or alleged abuse, or neglect of persons supported, or other critical incidents. The procedures must include provisions for corrective action, if any, to be taken as a result of such reporting and investigation;

(l) Policy and procedures which ensure that volunteers, if used by the licensee, are in a supportive capacity and are under the supervision of appropriate designated staff members;

(m) Policy and procedures which govern the use of behavior-management techniques, if used by the licensee;

(n) Policy regarding the use of human subjects in research, if the licensee is involved in, or planning to be involved in, such research, which includes procedures for the following:

1. Identification of subjects, projects, and staff;

2. Provisions to protect the personal and civil rights of the subjects;

3. Obtaining the consent of the subjects involved;

4. Assurance that all research projects are conducted under the direction and supervision of professional staff qualified by education and experience to conduct research;

5. Emergency guidelines for problems that may develop during research activities; and

6. Appointment of a licensee representative to act as coordinator of the research activities.

Authority: T.C.A. §§ 4-4-103, 4-5-202, 33-1-201, 33-1-302, 33-1-303, 33-1-305, 33-1-309, 33-2-301, 33-2-302, 33-2-404, 33-2-407.

Disclaimer: These regulations may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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