Tenn. Comp. R. & Regs. 0940-03-02-.11 - PROCEDURAL REQUIREMENTS FOR IMPLEMENTATION OF THE MANDATORY PRE-SCREENING PLANS

(1) All community mental health centers must have an approved mandatory pre-screening plan in accordance with these rules. The following timetable must be used:

(a) January 1, 1987 - Submit a mandatory pre-screening plan for review by the department.

(b) July 1, 1987 - All community mental health centers must have a plan approved by the department.

(c) July 1, 1988 - Implementation of all procedures required by these rules.

(2) Requisite Procedures for Implementation by Legal Status of the client:

(a) T.C.A. § 33-6-101

1. When an individual applies for voluntary hospitalization at a regional mental health institute:

(i) Must be referred as specified by approved designated mandatory pre-screening plan.

(ii) Regional mental health institute has the responsibility for assessment for need for hospitalization and availability of suitable accommodations.

2. Individuals referred for emergency admission, found by the regional mental health institute to be in need of hospitalization, but not on an emergency basis, see appropriate procedures under T.C.A. §§ 33-6-101 or 33-6-104.

(b) T.C.A. § 33-6-103

1. When an individual is not an inpatient in a state regional mental health institute, two certifications of need must be completed as specified below.

(i) Certificate executed by a person from the mandatory pre-screening authority who is authorized by T.C.A. § 33-6-103 to execute a certificate.

(ii) Regional mental health institute will provide the second certification if appropriate for admission.

2. If an individual has been admitted to the regional mental health institute under T.C.A. §33-6- 103 and during the commitment process, the individual is found to no longer meet emergency commitment standards, see appropriate procedures under T.C.A. §§ 33-6-101 or 33-6-104.

3. When an individual presently hospitalized under voluntary status (T.C.A. § 33-6-101) gives intent to leave and regional mental health institute initiates proceedings under T.C.A. §33-6- 103, the regional mental health institute will provide both certifications of need.

(c) T.C.A. § 33-6-104

1. When an individual hospitalized at a regional mental health institute under other legal status requires involuntary hospitalization, the superintendent must file two certificates of need in accordance with statutes. In addition, the superintendent must file a verification that a report has been received from the catchment area community mental health center that there is no less restrictive alternative to hospitalization. The community mental health center report must address availability of treatment in a less restrictive setting in timely fashion appropriate to hearing date.

2. When an individual is in the community (not otherwise involuntarily committed to a treatment facility), one of the certificates of need must be executed by appropriate staff of the designated mandatory pre-screening authority.

3. Additional Assessments. One of the two evaluations of the patient's mental condition required under T.C.A. § 33-6-108 must be performed by the catchment area community mental health center.

Notes

Tenn. Comp. R. & Regs. 0940-03-02-.11

Original rule filed October 17, 1978; effective December 1, 1978. Repeal by Public Chapter 969; effective July 1, 1984. New rule filed November 27, 1985; effective December 31, 1985. Amendment filed September 25, 1995; effective December 9, 1995.

Authority: T.C.A. §§ 4-4-103, 33-1-203 through 33-1-205 and 33-2-602.