1. (1) Definition. Capable of self-preservation means that a service recipient is capable of responding to an approved emergency signal, including prompting by voice, by following a pre-taught evacuation procedure within a reasonable time limitation regardless of whether the service recipient is fully aware of the reasons for the action. A service recipient is capable of self-preservation if the service recipient is able to transfer unassisted from the bed or another fixed position to an individualized means of mobility, which is continuously available, and able to demonstrate the ability to transverse a pre-defined means of egress from the facility within a reasonable time limitation. Service recipients who have imposed upon them security measures beyond their control, which prevent their egress from the facility, are not capable of self-preservation.
2. (2) Limitation. All residential facilities serving four (4) or more service recipients who are not capable of self-preservation and all non-residential facilities serving four (4) or more service recipients six (6) years of age or older who are not capable of self-preservation are required to meet the criteria for Health Care Occupancies.
3. (3) For the purposes of occupancy rating, minor individuals residing with parents or guardians shall not count towards persons who are not capable of self-preservation.
4. (4) Any facility permitting any persons who are not capable of self-preservation into the facility, shall assign an employee to be responsible for those individuals not capable of self- preservation.
5. (5) Any service recipient who is unable to respond to an approved emergency signal, including voice prompt, and evacuate the facility without physical assistance, in three (3) minutes or less, is to be considered not capable of self-preservation.
6. (6) The facility shall fill out the Department’s Risk Assessment/Evaluation of Capability for each person it deems incapable of self-preservation.

Authority: T.C.A. §§ 4-4-103, 33-1-302, 33-1-305, 33-1-309, and 33-2-404. Administrative History: Original rule filed November 30, 1983; effective December 30, 1983. Repeal and new rule filed June 30, 1986; effective July 30, 1986. Amendment filed October 14, 1986; effective November 28, 1986. Amendment filed March 19, 1996; effective June 2, 1996. Amendments filed February 24, 2026; effective May 25, 2026.