Tenn. Comp. R. & Regs. 0940-01-01-.08 - ADMINISTRATION OF MEDICATION TO PATIENTS OR RESIDENTS WHO DO NOT LACK CAPACITY AND WHO REFUSE MEDICATION

(1) consent to medication, medication may not be administered to the patient or resident. If no viable treatment alternative is available for the patient or resident, discharge of the patient or resident may be recommended after considering available legal alternatives of providing the treatment.

(2) Involuntary Patients or Residents.

(a) If an involuntary patient or resident who does not lack capacity refuses to consent to medication, a class of medication may be administered to the patient or resident for up to one year upon the determination of both the treating physician and

1. at a mental health institute, the Medical Director following TRC review, or

2. at a developmental center or mental retardation secure facility, the Superintendent following HRC review that such medication is a necessary part of the treatment plan.

(b) If the treating physician proposes to renew medication under this rule.

1. after administering medication for the one year maximum period under (a) above, or

2. after discontinuing a medication administered under this rule, or

3. after the patient or resident has been discharged and readmitted , the proposed class of medication may be administered only in conformity with (a). TRC or HRC review shall occur at least annually until consent is obtained or medications are discontinued or the patient or resident is discharged.

Notes

Tenn. Comp. R. & Regs. 0940-01-01-.08

(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.