Tenn. Comp. R. & Regs. 0940-05-35-.12
Counseling
Effective Sep 25, 2025Authority: T.C.A. §§ 4-3-1601, 4-4-103, 33-1-302, 33-1-305, 33-1-309, 33-2-301, 33-2-302, 33-2-402, 33-2-403, 33-2-404, and 33-2-407.Tennessee Department of Mental Health and Substance Abuse Services
- (1) Counseling is a mandatory component of treatment and the Facility shall determine the best counseling option for each individual patient based upon the patient’s history and assessments, agreeance with the patient, and the goals of the patient’s individualized treatment plan.
- (2) The Facility shall be responsible to determine and receive documentation that counseling is being received and the patient is progressing towards meeting the goals listed in the individualized treatment plan. The Facility shall review and modify the individualized treatment plan if it is determined that a patient is not following through with counseling referrals.
(3) If the Facility utilizes its own staff to provide counseling:
(a) The Facility staff shall be sufficient in number and in training to:
- 1. Allow the Facility to provide adequate:
- (i) Psychosocial assessment; OFFICE-BASED OPIATE TREATMENT FACILITIES
- (ii) Treatment planning; and
(iii) Individualized counseling.
- 2. Allow for regularly scheduled counseling sessions; and
- 3. Allow patients access to their counselor if more frequent contact is merited by need or is requested by the patient.
- (4) For Facilities referring patients for counseling, the Facility shall provide the patient, with the patient’s written consent, a list of available licensed treatment providers in the community and assist the patient in receiving these services by offering to make appointments on the patient’s behalf and by coordinating care after initiation of services at the outside provider.
Authority: T.C.A. §§ 4-3-1601, 4-4-103, 33-1-302, 33-1-305, 33-1-309, 33-2-301, 33-2-302, 33-2-402, 33-2-403, 33-2-404, and 33-2-407. Administrative History: Original rules filed October 14, 2016; effective January 12, 2017. Rule was previously numbered 0940-05-35-.11 but was renumbered 0940-05- 35-.12 with the introduction of a new rule 0940-05-35-.10 filed March 29, 2019; effective June 27, 2019. Amendments filed June 27, 2025; effective September 25, 2025.