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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

33-2-403. Licensure of mental health and developmental disabilities services and facilities - Exemptions.

(a) The department has the authority to license services and facilities operated for the provision of mental health, developmental disability, and personal support services. Notwithstanding any references in this part to the licensing of “facilities” or “services,” only proprietorships, partnerships, associations, governmental agencies, or corporations may be listed on license applications or licenses as the licensed entity.

(b) The following are exempt from licensing under this part:

(1) Private practitioners who are both:

(A) Authorized to practice by the boards of healing arts; and

(B) Only in private practice in that capacity;

(2) A person providing personal care solely to one (1) person with mental illness, serious emotional disturbance or developmental disability, or other service recipient receiving personal support services and not in a business arrangement with any other service recipient. This exception shall not apply to an individual who holds out to the public as being in the business of personal support services for compensation;

(3) An individual providing service or support only to members of the person's own family or relatives;

(4) An individual providing service or support that is not subject to licensing under any other title of the code and doing so only on a part-time basis as defined in department rules;

(5) Foster homes that accept placements only from agencies of state government or licensed child-placing agencies;

(6) Services or facilities providing employee assistance programs;

(7) Services or facilities providing only employment placement;

(8) Facilities that are appropriately licensed by the department of health as a:

(A) Hospital whose primary purpose is not the provision of mental health or developmental disabilities services; or

(B) Satellite hospital, as defined by rules of the department of health, whose primary purpose is the provision of mental health or developmental disabilities services, and that the department verifies to the department of health as satisfying standards under this chapter; and

(9) Facilities that are operated by the department of education, the department of correction, the department of human services, or the department of children's services and that affirmatively state that the primary purpose of the facility is other than the provision of mental health or developmental disabilities service.

(c) A service or facility that can demonstrate compliance with rules and standards by a previously acquired license from another state agency is considered in compliance with rules and standards under this part to the extent that duplicate inspection and enforcement are necessary.

(d) (1) The department shall appoint a review panel to review periodically all exclusions and waivers granted under the licensure law and perform other duties under this part. The department's legal counsel shall advise the panel.

(2) The panel's membership is:

(A) The commissioner or the commissioner's designee;

(B) A representative of licensed community mental health services;

(C) A representative of licensed developmental disability community services;

(D) A representative of a licensed residential facility for persons with mental illness or serious emotional disturbance;

(E) A representative of a licensed residential facility for persons with developmental disabilities;

(F) Five (5) service recipient representatives; and

(G) A representative of a personal support services agency.

(3) The panel shall elect a chair and vice chair and shall report any findings directly to the commissioner.

(4) The vote of a majority binds the panel.

(5) Travel expenses for panel members shall be reimbursed. All reimbursement for travel expenses shall be in conformity with the comprehensive state travel regulations as promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.

Acts 1978, ch. 853, §§ 2, 3, 13; 1981, ch. 436, § 1; 1983, ch. 323, §§ 25, 26, 31; T.C.A., § 33-1802; Acts 1987, ch. 143, § 1; T.C.A., § 33-1812; Acts 1987, ch. 248, §§ 2, 3; T.C.A., § 33-1803; Acts 1988, ch. 828, §§ 3-5; 1988, ch. 875, §§ 1, 2; 1989, ch. 513, §§ 1, 14; 1989, ch. 559, § 1; 1993, ch. 234, §§ 22, 23; 1994, ch. 760, § 1; 1996, ch. 1074, § 1; T.C.A., §§ 33-2-502, 33-2-503, 33-2-512; Acts 2000, ch. 947, §§ 1, 6; 2001, ch. 282, § 3; 2002, ch. 730, § 2; 2007, ch. 304, § 1; 2010, ch. 1100, § 24.

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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