Tenn. Comp. R. & Regs. 0720-24-.01 - DEFINITIONS
(1) Health Care Facility (Facility): Any
facility licensed under the authority of the Board for Licensing Health Care
Facilities as defined in T.C.A. §68-11-102.
(2) Civil Rights: Personal and individual
rights guaranteed by the federal or state constitution and/or any federal or
state statute.
(3) Commissioner:
The Commissioner of the Tennessee Department of Health or his designated
representative.
(4) Department:
Tennessee Department of Health.
(5)
Board: Board for Licensing Health Care Facilities.
(6) Title VI: Title VI of the Civil Rights
Act of 1964, 45 C.F.R., Part 80.
(7) Section 504: Section 504 of the
Rehabilitation Act of 1973, 45 C.F.R., Part 84.
(8) Handicapped Person: means any person who
(a) has a physical or mental impairment which substantially limits one or more
major life activities, (b) has a record of such an impairment, or (c) is
regarded as having such an impairment.
(9) Qualified Handicapped Person:
(a) With respect to receiving services, means
a handicapped person who meets the eligibility requirements for receiving
services offered by the facility;
(b) with respect to employment, means a
handicapped person who, with reasonable accommodations, can perform the
essential functions of the job in question without undue hardship to the
facility. Reasonable accommodations may include: Making facilities readily
accessible to and usable by handicapped persons; Providing part-time or
modified work schedules; and, providing readers or interpreters. In determining
whether an accommodation would result in an undue hardship on the facility,
factors to be considered may include: The overall size of the facility with
respect to number of employees, number and type of facilities, and size of
budget; and type of facility, including the composition and structure of the
facility's workforce; and, the nature and cost of the accommodation
needed.
(10) Physical or
Mental Impairment: means
(a) Any physiological
disorder or condition, cosmetic disfigurement, or anatomical loss affecting one
or more of the following body systems: neurological; musculoskelatal; special
sense organs; respiratory, including speech organs; cardiovascular;
reproductive, digestive, genito-urinary; hemic and lymphatic; skin; and
endocrine; or
(b) any mental or
psychological disorder, such as mental retardation organic brain syndrome,
emotional or mental illness, and specific learning
disabilities.
(11)
Discrimination: Any act, policy, practice, or procedure which result in
different treatment based on race, color, national origin or handicapping
condition that impacts negatively upon qualified handicapped individuals and
others protected under Title VI of the Civil Rights Act of 1964.
(12) Office on Civil Rights Compliance
(OCRC): The administrative unit established within the Tennessee Department of
Health charged with the responsibility of monitoring and investigating
complaints related to civil rights compliance of facilities regulated by the
Board.
(13) Minority. Persons who
fall within the following categories: Black, not of Hispanic origin; Hispanic;
American Indian; Asian or Pacific Islander.
Notes
Authority: T.C.A. §§ 4-5-202, 68-1-113, 68-11-102, and 68-11-203; 45 C.F.R., Part 80; and 45 C.F.R., Part 84.
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