Tenn. Comp. R. & Regs. 0940-03-06-.02 - DEFINITIONS

(1) Chemical Restraint: A medication that is prescribed to restrict the service recipient's freedom of movement for the control of extreme violent physical behavior. Chemical restraints are medications used in addition to, or in replacement of, the service recipient's regular drug regimen to control extreme violent physical behavior. The medications that comprise the service recipient's regular medical regimen (including PRN medications) are not considered chemical restraints, even if their purpose is to treat ongoing behavioral symptoms.
(2) Conservator: A court appointed conservator or a Veterans Administration guardian.
(3) Hospital: A licensed public or private inpatient treatment resource or hospital or a part of a hospital that provides inpatient care and treatment for persons with mental illness or serious emotional disturbance.
(4) Isolation: The confinement of a service recipient alone in a room or an area where the service recipient is physically prevented from leaving. This definition is not limited to instances in which a service recipient is confined by a locked or closed door. This definition explicitly excludes the segregation of a service recipient for the purpose of managing biological contagion consistent with the Centers for Disease Control Guidelines.

Isolation does not include confinement to a locked unit or ward where other individuals are present. Isolation is not solely confinement of a service recipient to an area, but separation of the service recipient from other persons.

Isolation does not include time-out, which is a behavior management procedure in which, contingent upon the demonstration of undesired behavior, the opportunity for positive reinforcement is withheld, which may involve the voluntary separation of the individual service recipient from others.

(5) Licensed Independent Practitioner: An individual licensed by the Tennessee Health Related Boards as a:
(a) medical doctor;
(b) doctor of osteopathy;
(c) physician assistant;
(d) certified nurse practitioner;
(e) nurse with a masters degree in nursing who functions as a psychiatric nurse;
(f) psychologist with health service provider designation;
(g) licensed clinical social worker;
(h) licensed professional counselor;
(i) senior psychological examiner;
(j) psychological examiner
(k) marriage and family therapist; or
(l) other licensed mental health professional who is permitted by law to practice independently.

In addition, to be considered a licensed independent practitioner for purposes of this chapter, the individual must be privileged by the hospital medical staff and governing body to authorize the use of isolation and restraint.

(6) Licensed Mental Health Professional: For purposes of this chapter, a licensed mental health professional is an individual who meets the requirements in the definition of Licensed Independent Practitioner or who is licensed by the Tennessee Health Related Boards as a registered nurse, licensed practical nurse, or substance abuse counselor.
(7) Medical Director: The physician designated to have overall responsibility for the provision of psychiatric care at the hospital. If the Medical Director is the treating physician, the chief officer must appoint an alternate for review purposes under this chapter.
(8) Physical Restraint: Any method, including physical holding or use of a mechanical device, material, or equipment attached or adjacent to an individual service recipient's body, that he or she cannot easily remove, and that restricts freedom of movement or normal access to one's body. There are two types of physical restraint:
(a) Physical Holding: The use of staff body contact with a service recipient in order to restrict freedom of movement or normal access to one's body.

Physical holding does not include the use of physical touch associated with prompting, comforting or assisting that does not prevent the individual service recipient's freedom of movement or normal access to his or her body. In addition, physical holding does not include "physical escort" which means the temporary touching or holding of the hand, wrist, arm, shoulder or back for the purpose of inducing the individual to walk to a safe location.

(b) Mechanical Restraint: For purposes of this chapter, the application of a mechanical device, material, or equipment attached or adjacent to the service recipient's body that the service recipient cannot easily remove and that restricts freedom of movement or normal access to the service recipient's body. This includes the use of ambulatory restraint devices except as noted under the other exceptions below.

For purposes of this chapter, physical restraint does not include the use of:

1. any restrictive devices or manual methods employed by a law enforcement agent or other public safety officer to maintain custody, detention, or public safety during the transport of an individual under the jurisdiction of the criminal justice system or juveniles with charges in the juvenile justice system; or
2. restraints for medical immobilization, adaptive support, or medical protection; or
3. restrictive devices administratively authorized to ensure the safety of the service recipient or others when an involuntary committed service recipient must be transported; or
4. restrictive mechanical ambulatory devices used for the service recipient who:
(i) exhibits intractable behavior which is severely self-injurious or injurious to others, and
(ii) has not responded to usual and customary interventions, and
(iii) has restrictive mechanical ambulatory devices provided for and carried out in conformity with the service recipient's behavioral plan in the individualized treatment plan.

This behavioral plan must be re-evaluated at least every seven (7) days by the service recipient's treatment team. Any use of restrictive mechanical ambulatory devices must be reviewed by the Medical Director or designee every 24 hours.

(9) PRN: An order which is written to allow a medication or treatment to be given on an as-needed basis.
(10) Seclusion: See Isolation.
(11) Service Recipient: For purposes of this chapter, an individual receiving inpatient mental health services in a hospital.


Tenn. Comp. R. & Regs. 0940-03-06-.02
Original rule filed October 3, 2002; effective December 17, 2002. Amendments filed December 26, 2007; effective April 29, 2008.

Authority: T.C.A. ยงยง 4-4-103, 4-5-202, 4-5-204, 33-1-120, 33-1-302, 33-1-305, 33-1-309, 33-2-301, and 33-2-302.

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