Tenn. Comp. R. & Regs. 0940-05-44-.02
Application of Rules
Effective Mar 23, 2009Authority: 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).Tennessee Department of Mental Health and Substance Abuse Services
(1) The governing body of a facility providing alcohol and drug residential detoxification treatment services must comply with the following rules:
(a) Applicable occupancy rules found in Chapter 0940-05-04 Life Safety Licensure Rules:
- 1. Rule 0940-05-04-.02 Health Care Occupancies for facilities providing services to four (4) or more service recipients who are not capable of self-preservation; or DRUG RESIDENTIAL DETOXIFICATION TREATMENT FACILITIES
- 2. Rule 0940-05-04-.06 Residential Occupancies – Board and Care for facilities providing services to four (4) or more service recipients who are capable of self- preservation; or
- 3. Rule 0940-05-04-.07 Residential Occupancies – One- and Two-Family Dwellings (Two or Three Clients) for facilities providing services to two (2) or three (3) service recipients;
- (b) Rule 0940-05-04-.09(2) Mobile Non-Ambulatory Rule if services are provided to one (1) or more mobile non-ambulatory service recipients in facilities meeting the requirements for Rule 0940-05-04-.06 Residential Occupancies – Board and Care or Rule 0940-05- 04-.07 Residential Occupancies – One- and Two-Family Dwelling Occupancy;
- (c) Adequacy of Facility Environment and Ancillary Services found in Chapter 0940-05-05;
- (d) Minimum Program Requirements for All Facilities found in Chapter 0940-05-06;
- (e) Minimum Program Requirements for Alcohol and Drug Residential Detoxification Treatment Facilities found in Chapter 0940-05-44; and
- (f) Use of Isolation, Mechanical Restraint, and Physical Holding Restraint in Mental Health Residential 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 April 27, 2000; effective July 11, 2000. Per Executive Order 44 (February 23, 2007), rule was transferred from 1200-08-23 on May 15, 2008. Repeal and new rule filed January 7, 2009; effective March 23, 2009.