Tenn. Comp. R. & Regs. 0940-03-06-.15 - NOTIFICATION OF LEGAL SURROGATES
(1) The hospital
must notify the parent/guardian or legal custodian, as appropriate, of an
unemancipated child or the conservator, attorney-in-fact under a durable power
of attorney which authorizes mental health care, or surrogate decision-maker
selected in accordance with TCA §§
33-3-219 - 33-3-220 of an adult of
the use of restraint or isolation as soon as possible but no later than 12
hours following initiation of the intervention. Unsuccessful attempts to notify
must be documented in the service recipient's record. The parent/guardian,
legal custodian, conservator, attorney-in-fact under a durable power of
attorney which authorizes mental health care, or surrogate decision-maker, as
appropriate, may modify the notice requirements in a written agreement. Such
individuals must be provided the opportunity to participate in a discussion of
the episode.
Notes
Authority: T.C.A. §§ 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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