1. (1) The governing body of an alcohol and drug halfway house treatment facility must comply with the following rules:

   1. (a) Applicable occupancy rules found in Chapter 0940-05-04 Life Safety Licensure Rules:

      1. 1. Rule 0940-05-04-.02 Health Care Occupancies for facilities providing services for four (4) or more service recipients who are not capable of self-preservation; or
      2. 2. Rule 0940-05-04-.06 Residential Occupancies - Board and Care for facilities providing services to four (4) or more service recipients; or
      3. 3. Rule 0940-05-04-.07 Residential Occupancies - One- or Two-Family Dwellings (Two or Three Service recipients) for facilities providing services to two (2) or three (3) service recipients;
   2. (b) If services are to be provided in a facility meeting the requirements for Rule 0940-05- 04-.06 Residential Occupancies - Board and Care or Rule 0940-05-04-.07 Residential Occupancies - One- or Two-Family Dwelling Occupancy and services are provided to DRUG HALFWAY HOUSE TREATMENT FACILITIES one (1) or more mobile non-ambulatory service recipients, then Rule 0940-05-04-.09(2) Mobile Non-Ambulatory Rule;
   3. (c) Rules for Adequacy of Facility Environment and Ancillary Services found in Chapter 0940-05-05;
   4. (d) Minimum Program Requirements for All Facilities found in Chapter 0940-05-06;
   5. (e) Minimum Program Requirements for Alcohol and Drug Halfway House Treatment Facilities found in Chapter 0940-05-41; and
   6. (f) Rules for Use of Isolation, Mechanical Restraint, and Physical Holding Restraint in Mental Health Treatment Facilities found in Chapter 0940-03-09.

Authority: T.C.A. §§ 4-4-103, 4-5-202, 4-5-204, 33-1-302, 33-1-305, 33-1-309, 33-2-301, 33-2-302, and 33-2-404 and Executive Order 44 (February 23, 2007). Administrative History: Original rule filed July 27, 2000; effective October 10, 2000. Per Executive Order 44 (February 23, 2007), rule was transferred from 1200-08-22 on May 15, 2008. Repeal and new rule filed July 31, 2008; effective October 14, 2008.