Tenn. Comp. R. & Regs. 0940-05-35-.18
Patient Rights
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) Patients shall have a right to present complaints, either orally or in writing, and to have their complaints addressed and resolved as appropriate in a timely manner.
- (2) All applications, certificates, records, reports, and all legal documents, petitions and records made or information received pursuant to treatment in a Facility directly or indirectly identifying a patient shall be kept confidential in accordance with T.C.A. § 33-3-103; Health Insurance Portability and Accountability Act of 1996 (HIPAA) regulations at 45 Code of Regulations (CFR) Parts 160 and 164, Subparts A and E; and Confidentiality of Alcohol and Drug Abuse Patient Records regulations at 42 CFR Part 2.
- (3) Patients have the right to a humane treatment environment that affords reasonable protection from harm, exploitation, and coercion.
- (4) In addition to the above Patient Rights, Facility shall follow the Patient Rights requirements that apply to nonresidential settings as detailed in 0940-05-06.
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-.17 but was renumbered 0940-05- 35-.18 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.