Tenn. Comp. R. & Regs. 0940-01-03-.05 - PROCEDURES FOR ADMINISTRATION OF MEDICATION UNDER RULE 0940-1-1-06 TO RESIDENTS WHO LACK CAPACITY TO GIVE OR WITHHOLD CONSENT

(1) A clinical professional in consultation with the resident's IDT, shall determine whether a resident lacks capacity and shall document the basis for the determination.

(2) A physician who determines that medication is a necessary part of a resident's habilitation plan, for which there is no reasonable alternative, shall document the basis for the determination and shall consider, among other relevant criteria, the following:

(a) whether the medication is necessary to prevent a substantial deterioration of the resident's mental health,

(b) whether the need to prevent violence is greater than the potential harm to the resident,

(c) whether there is any appropriate treatment that can be provided without the use of psychotropic medication, and

(d) whether the resident's lack of capacity is likely to be transitory and can be remedied by medication.

(3) If a physician, who is not a member of the resident's regular Interdisciplinary Team, prescribes medication under rule 0940-1-1-.06, the Interdisciplinary Team or designated members shall review such action by the end of the next regular working day.

(4) By the end of the next regular working day following the Interdisciplinary Team's review, a copy of the documentation prepared under subsections (1) and (2) shall be provided to:

(a) The resident's clinical chart,

(b) the Medical Director,

(c) the Behavior Management Committee, and

(d) the Human Rights Committee.

(5) The BMC shall review the case at its next regular meeting. The BMC shall document comments or recommendations and shall provide copies of the documentation to:

(a) the resident's clinical chart,

(b) the Medical Director, and

(c) the Human Rights Committee.

(6) The HRC shall review the case at its next regular meeting. The HRC shall document comments or recommendations and shall provide copies of the documentation to the Superintendent.

(7) When the resident or clinical professional requests review, the BMC or the HRC shall review the case at its next regular meeting, and shall document comments or recommendations and shall provide copies of the documentation to the Superintendent.

Notes

Tenn. Comp. R. & Regs. 0940-01-03-.05

(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.