Tenn. Comp. R. & Regs. 0940-05-35-.14
Drug Screens
Effective Sep 25, 2025Authority: T.C.A. §§ 4-3-1601, 4-1-103, 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) Random drug screenings shall be conducted for every patient according to their phase of treatment as described in 0940-05-35-.10. All patients, regardless of phases of treatment, shall be subject to at least one randomly observed drug screen per year.
- (2) More frequent collection and analysis of drug samples during episodes of relapse or medically supervised or other types of withdrawal may occur.
- (3) Collection and testing shall be done in a manner that assures that samples collected from patients are unadulterated. Such collection and testing shall include random direct observation, as may be warranted and determined at the program provider’s discretion, that is conducted professionally, ethically, and in a manner which respects service recipients’ privacy.
- (4) A positive test is a test that results in the presence of any drug or substance that is illegal or for which the patient cannot provide a valid prescription or any drug or substance prohibited by the Facility. Any refusal to participate in a random drug test assigned by the Facility shall also be considered a positive result.
- (5) The Facility shall document all results of toxicological tests in the patient’s medical record.
- (6) Absence of medications prescribed by the Facility for the service recipient shall be considered evidence of possible medication diversion and evaluated by the program provider accordingly.
- (7) Nothing contained in this rule shall preclude any Facility from administering any additional drug tests it determines necessary.
Authority: T.C.A. §§ 4-3-1601, 4-1-103, 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-.13 but was renumbered 0940-05- 35-.14 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.