(1) Treatment and/or rehabilitation services must be provided by properly licensed or certified mental health professionals or by mental health personnel who are under the direct supervision of a properly licensed or certified mental health professional. Qualifications of individuals who will provide educational programs shall meet the employment standards outlined in the State Board of Education Rules, Regulations, and Minimum Standards.
(2) The facility must maintain a written agreement with or employ a licensed physician to serve as medical consultant.
(3) If the consulting physician is not a psychiatrist, the facility must arrange for the regular, consultative, and emergency services of a licensed psychiatrist.
(4) The facility must provide at least one (1) staff person on-duty/on-site fore each six (6) clients present. Staff persons counted in the staff-to-client ratio may only be persons who are assigned to provide direct day program services as described by written job description. Support staff, such as clerical, housekeeping, van and bus driver staff, and students involved in an on-site practice for academic credit may not be counted in the staff-to-client ratio.
(5) The facility must provide at least one (1) on-duty staff member trained in First Aid, CPR, and the Heimlich maneuver.
(6) A training plan for each non-doctoral level staff person must be documented.
(7) The operator must perform background checks on all employees and volunteers. A person, whether an employee or a volunteer, who is named as a suspect in an "indicated" report of child sexual abuse, or who is currently charged with committing a crime against a child must not work as a caregiver or have any contact with the children.
(8) Children must not be in the care of or have any direct contact while in the care of the facility with a person who has been convicted of a crime involving children or of violating a law enacted to protect children.


Tenn. Comp. R. & Regs. 0940-05-30-.02
Original rule filed January 11, 1996; effective March 26, 1996.

Authority: T.C.A. ยงยง 4-4-103, 33-2-504 and 33-1-205(b)(5).

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