Tenn. Comp. R. & Regs. 0940-01-01-.07 - LEGALLY INCOMPETENT PATIENTS OR RESIDENTS

(1) Medication may be administered to a legally incompetent patient or resident only:

(a) with the voluntary, informed consent of the guardian, or

(b) in emergencies under the rule 0940-1-1-.05, or

(c) if the guardian refuses consent, under the same circumstances and procedures as a refusing patient or resident under rule 0940-1-1-.08, or

(d) if the guardian is unavailable, under the same circumstances and procedures as a patient or resident who lacks capacity under rule 0940-1-1-.06 but not for more than sixty days.

(2) If consent is required for medication and the guardian is unavailable, the Superintendent shall seek appointment of an alternative guardian.

Notes

Tenn. Comp. R. & Regs. 0940-01-01-.07

(For Administrative History prior to February, 1985, see page 1.001). New rule filed January 9, 1985; effective February 8, 1985.

Authority: T.C.A. §§ 33-1-203 through 33-1-205, 33-3-104 and 33-3-105.