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TENNESSEE COMPILATION OF SELECTED LAWS ON CHILDREN, YOUTH AND FAMILIES, 2011 EDITION

TENNESSEE CODE ANNOTATED

Title 33 Mental Health and Intellectual and Developmental Disabilities

Chapter 2 Services and Facilities

Part 4 Mental Health, Developmental Disability, and Personal Support Services Licensure Law

33-2-402. Part definitions.

As used in this part, unless the context otherwise requires:

(1) “Abuse” means the knowing infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish;

(2) “Alcohol and drug prevention and/or treatment facility” means an institution, treatment resource, group residence (boarding home, sheltered workshop, activity center), rehabilitation center, hospital, community mental health center, DUI school, counseling center, clinic, halfway house, or other entity, by these or other names, providing alcohol and drug services; provided, that a DUI school operated by a state institution of higher education shall not be considered an alcohol and drug treatment facility for purposes of this chapter; provided, further, that “alcohol and drug prevention and treatment facility” does not include any facility otherwise licensed by the department or the department of health or approved by the department of education;

(3) “Alcohol and drug services” includes evaluation, treatment, residential personal care, habilitation, rehabilitation, counseling or supervision of persons who abuse or are dependent upon alcohol or drugs, or services to persons designed to prevent alcohol or drug abuse or dependence that either receive funds from the department of health or assess fees for services provided; provided, that a DUI school operated by a state institution of higher education shall not be considered alcohol and drug services for purposes of this part;

(4) “Commissioner” means the commissioner of mental health, the commissioner's authorized representative, or in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner of mental health;

(5) “Department” means the department of mental health;

(6) “Facility” means a developmental center, treatment resource, group residence, boarding home, sheltered workshop, activity center, rehabilitation center, hospital, community mental health center, counseling center, clinic, halfway house or any other entity that provides a mental health or developmental disabilities service or an alcohol and drug prevention and/or treatment facility;

(7) “Licensee” means a proprietorship, a partnership, an association, a governmental agency, or corporation, that operates a facility or a service and has obtained a license under this part;

(8) “Misappropriation of property” means the deliberate misplacement, exploitation, or wrongful, temporary or permanent use of belongings or money without consent;

(9) “Neglect” means failure to provide goods or services necessary to avoid physical harm, mental anguish, or mental illness, which results in injury or probable risk of serious harm;

(10) “Personal support services” means nursing consultation, education services, and other personal assistance services as defined by rule, which are provided to individuals with substantial limitation in two (2) or more major life activities in either their regular or temporary residences, but does not mean direct nursing services provided in connection with an acute episode of illness or injury;

(11) “Reputable and responsible character” means that the applicant or licensee can be trusted with responsibility for persons who are particularly vulnerable to abuse, neglect, and financial or sexual exploitation; and

(12) “Service” includes any activity to prevent, treat, or ameliorate mental illness, serious emotional disturbance, or developmental disabilities, and includes diagnosis, evaluation, residential assistance, training, habilitation, rehabilitation, counseling, case coordination, or supervision of persons with mental illness, serious emotional disturbance, or developmental disabilities.

Acts 1978, ch. 853, § 2; 1981, ch. 436, § 1; 1983, ch. 323, §§ 25, 26; T.C.A., § 33-1802; Acts 1987, ch. 143, § 1; 1987, ch. 248, § 3; 1988, ch. 828, §§ 3, 4; 1988, ch. 875, §§ 1, 2; 1989, ch. 513, §§ 1, 14; 1993, ch. 234, § 22; 1996, ch. 1074, § 1; T.C.A., § 33-2-502; Acts 2000, ch. 947, §§ 1, 6; 2001, ch. 282, § 1; 2003, ch. 103, § 1; 2003, ch. 242, § 2; 2009, ch. 186, §§ 46, 47; 2010, ch. 1100, §§ 24, 34, 35; 2011, ch. 158, § 14.

Compiler's Notes. Acts 2010, ch. 1100, § 153 provided that the commissioner of mental health and developmental disabilities, the commissioner of mental health, the commissioner of intellectual and developmental disabilities, and the commissioner of finance and administration are authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

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